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

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

Vol. 156 WASHINGTON, TUESDAY, DECEMBER 21, 2010 No. 172 House of Representatives The House met at 10 a.m. and was of so much hurt and pain, conflict and each of us come to know You more called to order by the Speaker. violence around the world and even in deeply, You who are our peace. f our own land. May each of us feel and treasure our PRAYER We know that as long as we live in common human bond with all our sis- this world, such signs of our fallen hu- ters and brothers. May we truly know Monsignor Stephen J. Rossetti, peace on this Earth, and may we offer Catholic University of America, Wash- manity will always be with us. We do good will to all. ington, DC, offered the following pray- not pray that it will all magically dis- er: appear. However, in this season of We make this prayer in Your holy Good and gracious God, as we enter grace, we pray that You might be with name. upon this joyous season, we are aware us in an especially poignant way. May Amen.

NOTICE If the 111th Congress, 2d Session, adjourns sine die on or before December 23, 2010, a final issue of the Congres- sional Record for the 111th Congress, 2d Session, will be published on Wednesday, December 29, 2010, in order to permit Members to revise and extend their remarks. All material for insertion must be signed by the Member and delivered to the respective offices of the Official Reporters of Debates (Room HT–59 or S–123 of the Capitol), Monday through Friday, between the hours of 10:00 a.m. and 3:00 p.m. through Wednesday, December 29. The final issue will be dated Wednesday, December 29, 2010, and will be delivered on Thursday, December 30, 2010. None of the material printed in the final issue of the Congressional Record may contain subject matter, or relate to any event that occurred after the sine die date. Senators’ statements should also be submitted electronically, either on a disk to accompany the signed statement, or by e-mail to the Official Reporters of Debates at ‘‘[email protected]’’. Members of the House of Representatives’ statements may also be submitted electronically by e-mail, to accompany the signed statement, and formatted according to the instructions for the Extensions of Remarks template at http:// clerk.house.gov/forms. The Official Reporters will transmit to GPO the template formatted electronic file only after receipt of, and authentication with, the hard copy, and signed manuscript. Deliver statements to the Official Reporters in Room HT–59. Members of Congress desiring to purchase reprints of material submitted for inclusion in the Congressional Record may do so by contacting the Office of Congressional Publishing Services, at the Government Printing Office, on 512–0224, between the hours of 8:00 a.m. and 4:00 p.m. daily. By order of the Joint Committee on Printing. CHARLES E. SCHUMER, Chairman.

THE JOURNAL PLEDGE OF ALLEGIANCE I pledge allegiance to the Flag of the United States of America, and to the Repub- The SPEAKER. The Chair has exam- The SPEAKER. Will the gentleman lic for which it stands, one nation under God, ined the Journal of the last day’s pro- from South Carolina (Mr. WILSON) indivisible, with liberty and justice for all. ceedings and announces to the House come forward and lead the House in the her approval thereof. Pledge of Allegiance. Pursuant to clause 1, rule I, the Jour- Mr. WILSON of South Carolina led nal stands approved. the Pledge of Allegiance as follows:

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.

H8787

VerDate Mar 15 2010 03:54 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A21DE7.000 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8788 CONGRESSIONAL RECORD — HOUSE December 21, 2010 REFLECTING ON THE 111TH cess. She will be truly missed in the of- days, and I have news for you: The par- CONGRESS fice, and I wish her all the success in ty’s over. Go home. her new position. (Mr. MAFFEI asked and was given In conclusion, God bless our troops, f permission to address the House for 1 and we will never forget September the minute and to revise and extend his re- 11th in the global war on terrorism. marks.) POST–9/11 GI BILL BENEFITS FOR Mr. MAFFEI. Madam Speaker, I f NATIONAL GUARDSMEN wanted to take a moment to reflect on CONGRATULATING THE UCONN (Mr. ALTMIRE asked and was given this 111th Congress and to say how WOMEN’S BASKETBALL TEAM permission to address the House for 1 proud I am to have been a part of it. (Mr. COURTNEY asked and was minute.) Some may look at the recent election given permission to address the House Mr. ALTMIRE. Madam Speaker, I and say we were off track. But while for 1 minute.) rise to congratulate National Guards- those showing up to vote may have Mr. COURTNEY. Madam Speaker, on men all across America on the passage changed from 2008 to 2010, I and so April 6, 2008, something happened that of the Post-9/11 Veterans Educational many of my colleagues stayed true to has not happened since—the UConn Assistance Improvements Act, which the people who elected us to change the women’s basketball team lost a game. the President will sign into law later direction of this country, and we did That was almost 1,000 days ago; and this week. Legislation that I intro- just that. since that day, the UConn Women duced in the House last year to allow From health care to financial reform, Huskies have been on a streak that National Guardsmen to use their title the Fair Pay Act to the repeal of Don’t may not end for a long time. 32 service—which includes homeland Ask, Don’t Tell, I do not apologize for UConn’s victory this past Sunday security troop support and disaster re- our accomplishments. I embrace them. was their 88th consecutive win, tying lief—to qualify for post-9/11 GI Bill ben- On a personal note, I have worked on the Division I record set by the UCLA efits is included in the bill we sent to Capitol Hill nearly 12 years, starting as men’s team in 1974. Since the streak the President last week. Under this a junior staffer for a Senator and even- began, UConn has racked up two na- bill, 130,000 National Guardsmen who tually becoming an elected Member of tional titles for a total of seven. Since have helped to protect our citizens here this House. Despite the cynicism about the streak began, UConn Coach Geno at home will now be able to qualify for Congress, I have been privileged to Auriemma was chosen to lead the 2012 the GI Bill’s many education benefits. work alongside staff and Members dedi- Olympic team. Since the streak began, The heroes in America’s National cated to the public good and furthering UConn has had five first team all- Guard, including the 20,000 soldiers and this great Republic, often at great per- Americans and back-to-back Player of airmen in the Pennsylvania National sonal expense. I thank them, and I will the Year winners, Maya Moore and Guard, provide invaluable service to forever be grateful that a shy public Tina Charles. Maya carries now a 4.0 our country during times of crisis; and school student of modest means from average and is also the Big East Schol- thanks to this bill, they too will ben- Syracuse, New York, could come here ar Athlete of the Year. Since the efit from the landmark legislation as a Member of this great Congress in streak began, UConn has maintained signed into law in 2008. this great country. its 100 percent graduation rate for I stand today to thank America’s Na- f players, demonstrating that athletic tional Guard for their service and let achievement and academic excellence them know our work is not done in CONGRATULATING PEPPER are not mutually exclusive. honoring their commitment to our PENNINGTON Tonight the Huskies will play Flor- safety and security. (Mr. WILSON of South Carolina ida State for a chance to surpass asked and was given permission to ad- UCLA’s record. Good luck to them and f dress the House for 1 minute and to re- congratulations for their amazing suc- vise and extend his remarks.) cess and sterling example for student b 1010 Mr. WILSON of South Carolina. athletes, both men and women. Madam Speaker, today I would like to f extend my sincere appreciation to a IT’S TIME TO CUT FEDERAL dedicated staffer in the office of the THE PARTY’S OVER SPENDING Second Congressional District of South (Mr. MCCLINTOCK asked and was (Ms. FOXX asked and was given per- Carolina. Pepper Pennington will be given permission to address the House mission to address the House for 1 leaving the office to become chief of for 1 minute.) minute.) staff for Congressman-elect Daniel Mr. MCCLINTOCK. Madam Speaker, Ms. FOXX. Madam Speaker, the Webster of Florida’s Eighth Congres- on November 2, the American people American people sent a crystal clear sional District. spoke loudly and clearly: stop the message to Washington in November Pepper has done a wonderful job serv- spending. Instead of graciously bowing that they are tired of this town’s job- ing the people of South Carolina’s Sec- to the public will, the left has em- killing spending spree. But it appears ond District since November 2009. As barked upon a frantic lame duck spend- that our colleagues in the current ma- communications director, she has been ing spree with a majority that has al- jority didn’t get the message. the main contact between the office ready been turned out of office by the As a result, the government funding and members of the media. Pepper has voters. bill we’re going to debate this week been dedicated, hardworking, and is a First, they exacted another $136 bil- continues the record-setting rate of valuable asset to the people of South lion in spending as the price to prevent spending passed by the Democrat ma- Carolina. Pepper began her career on a devastating tax increase on New jority last year. This includes the high- Capitol Hill in the Office of Congress- Year’s Day. They tried—unsuccess- er spending for programs that have man Tom Feeney of Florida and served fully—to cram through a $1.1 trillion been bolstered by unnecessary and inef- as communications director for Con- omnibus spending bill packed with fective stimulus dollars. gressman PAUL Broun of Georgia. more than 6,000 earmarks. They are Republicans have pledged real spend- Pepper is the daughter of Cass and now pressing to continue spending at a ing cuts to get our Nation back to a re- Cindy Pennington. She is a graduate of rate that exceeds even that of 2010. sponsible budget and help create jobs. the University of Florida, and she is a Now you could say they’re partying In fact, we’ve proposed to cut spending diehard Gator fan. Pepper is engaged to like irresponsible teenagers; but even to pre-bailout and pre-stimulus 2008 marry Dave Natonski. She is a credit irresponsible teenagers have enough levels, which would save taxpayers $100 to the people of South Carolina and sense to stop trashing the house after billion a year. Florida. I wish her Godspeed. While I the parents have phoned to say they’re Madam Speaker, let’s listen to the am sad to see her leave, I am even on their way home. Madam Speaker, American people and get Federal more proud to see her achieve such suc- the parents are going to be here in 15 spending under control.

VerDate Mar 15 2010 03:54 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K21DE7.001 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 21, 2010 CONGRESSIONAL RECORD — HOUSE H8789 HONORING JAMES DAVIS FOR HIS have the final say. And while I may be the Rules of the U.S. House of Representa- GENEROUS CONTRIBUTIONS TO disappointed in my results, I recognize tives, the Clerk received the following mes- THE COMMUNITY that my views are in the minority in sage from the Secretary of the Senate on De- cember 18, 2010 at 3:54 p.m.: (Mr. BOOZMAN asked and was given my congressional district. Yielding to That the Senate concur in House amend- permission to address the House for 1 the final word of the voters is some- ment to Senate amendment H.R. 2965. minute and to revise and extend his re- thing that I always will respect. With best wishes, I am marks.) May God bless this House and may Sincerely, Mr. BOOZMAN. Madam Speaker, I God bless the United States of Amer- LORRAINE C. MILLER. rise today in gratitude of the lifetime ica. f of generous contributions to Arkansas f COMMUNICATION FROM THE and its citizens by Jim Davis. CLERK OF THE HOUSE Service was an integral part of Jim’s MESSAGE FROM THE SENATE The SPEAKER pro tempore laid be- life, serving in the U.S. Army in the A message from the Senate by Ms. fore the House the following commu- Western Pacific and Korea. He contin- Curtis, one of its clerks, announced nication from the Clerk of the House of ued his passion for his community that the Senate has passed without Representatives: throughout his life as a gracious con- amendment a bill of the House of the tributor who served on several boards following title: OFFICE OF THE CLERK, HOUSE OF REPRESENTATIVES, and commissions and actively volun- H.R. 6412. An act to amend title 28, United Washington, DC, December 20, 2010. States Code, to require the Attorney General teered and devoted his time to create a Hon. NANCY PELOSI, better life for all in Arkansas. to share criminal records with State sen- Speaker, House of Representatives, Jim served as the chairman of the tencing commissions, and for other purposes. Washington, DC. Leadership Council and the Arkansas The message also announced that the DEAR MADAM SPEAKER: Pursuant to the Chapter of the National Federation of Senate has passed with an amendment permission granted in clause 2(h) of rule II of Independent Business. Former Gov- in which the concurrence of the House the Rules of the U.S. House of Representa- ernor Mike Huckabee appointed him to is requested, bills of the House of the tives, the Clerk received the following message from the Secretary of the Senate on De- the Arkansas State Health Board, the following titles: cember 20, 2010 at 9:49 a.m.: Beverage Control Board, and the Ar- H.R. 81. An act to amend the High Seas That the Senate S. 118. kansas State Police Commission. He Driftnet Fishing Moratorium Protection Act That the Senate passed with amendments was currently serving as a member of and the Magnuson-Stevens Fishery Con- H.R. 4915. the Arkansas Commission for Veterans servation and Management Act to improve That the Senate passed without amend- Affairs, and he was a proud Shriner and the conservation of sharks. ment H.R. 6510. H.R. 1746. An act to amend the Robert T. That the Senate passed without amend- Mason. Stafford Disaster Relief and Emergency As- ment H.R. 6473. After a long, fulfilling life, Jim sistance Act to reauthorize the pre-disaster That the Senate passed without amend- passed away on December 18, and he mitigation program of the Federal Emer- ment H.R. 6533. will certainly be missed. However, his gency Management Agency. That the Senate passed without amend- legacy will live for generations to come H.R. 4748. An act to amend the Office of ment H. Con. Res. 335. With best wishes, I am because of his generosity. National Drug Control Policy Reauthoriza- tion Act of 2006 to require a northern border Sincerely, I ask my colleagues to keep Jim’s LORRAINE C. MILLER. family and friends in their thoughts counternarcotics strategy, and for other pur- and prayers during these difficult poses. f times. f COMMUNICATION FROM THE CLERK OF THE HOUSE f COMMUNICATION FROM THE THE VOTERS ALWAYS HAVE THE CLERK OF THE HOUSE The SPEAKER pro tempore laid be- FINAL SAY fore the House the following commu- The SPEAKER pro tempore (Ms. nication from the Clerk of the House of (Mr. DJOU asked and was given per- BALDWIN) laid before the House the fol- Representatives: mission to address the House for 1 lowing communication from the Clerk OFFICE OF THE CLERK, minute.) of the House of Representatives: HOUSE OF REPRESENTATIVES, Mr. DJOU. Madam Speaker, I rise to OFFICE OF THE CLERK, Washington, DC, December 20, 2010. address this House for what will likely HOUSE OF REPRESENTATIVES, Hon. NANCY PELOSI, be my last formal address from this Washington, DC, December 17, 2010. Speaker, House of Representatives, floor. Hon. NANCY PELOSI, Washington, DC. While my term has been short, it has Speaker, House of Representatives, DEAR MADAM SPEAKER: Pursuant to the permission granted in clause 2(h) of rule II of been an honor and privilege rep- Washington, DC DEAR MADAM SPEAKER: Pursuant to the the Rules of the U.S. House of Representa- resenting the people of Hawaii. It is permission granted in clause 2(h) of rule II of tives, the Clerk received the following mes- testimony to the greatness of our Na- the Rules of the U.S. House of Representa- sage from the Secretary of the Senate on De- tion that a child of immigrants from tives, the Clerk received the following mes- cember 20, 2010 at 3 p.m.: China and Thailand can call himself a sage from the Secretary of the Senate on De- That the Senate passed with amendments maker of laws in the United States. cember 17, 2010 at 8:40 p.m.: H.R. 2751. I want to first thank the voters of That the Senate passed H.J. Res. 105. With best wishes, I am Sincerely, Hawaii for giving me this opportunity With best wishes, I am LORRAINE C. MILLER. to serve them, but I also want to thank Sincerely, LORRAINE C. MILLER. all the volunteers who worked so hard f to get me here. But most of all, I want f ANNOUNCEMENT BY THE SPEAKER to thank my family for giving me ev- COMMUNICATION FROM THE PRO TEMPORE erything that I have. CLERK OF THE HOUSE The SPEAKER pro tempore. Pursu- I believe that a limited government The SPEAKER pro tempore laid be- ant to clause 4 of rule I, the following is better at establishing prosperity joint resolution was signed by the than an expansive government. I before the House the following communication from the Clerk of the House of Speaker on Friday, December 17, 2010: lieve that a vibrant two-party democ- H.J. Res. 105, making further con- Representatives: racy is better at preserving liberty tinuing appropriations for fiscal year than one-party monolithic rule. And I OFFICE OF THE CLERK, 2011, and for other purposes. believe that open and responsive public HOUSE OF REPRESENTATIVES, Washington, DC, December 18, 2010. f officials are better at ensuring an ac- Hon. NANCY PELOSI, countable government than an old boy ANNOUNCEMENT BY THE SPEAKER Speaker, House of Representatives, PRO TEMPORE network. Washington, DC. But I also believe one of the beauties DEAR MADAM SPEAKER: Pursuant to the The SPEAKER pro tempore. Pursu- of our Nation is that the voters always permission granted in clause 2(h) of rule II of ant to clause 8 of rule XX, the Chair

VerDate Mar 15 2010 03:54 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K21DE7.003 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8790 CONGRESSIONAL RECORD — HOUSE December 21, 2010 will postpone further proceedings tion of sharks, including measures to prohibit rally attached to the corresponding carcass, today on motions to suspend the rules removal of any of the fins of a shark (including such fin was transferred in violation of sub- on which a recorded vote or the yeas the tail) and discarding the carcass of the shark paragraph (P)(iii) or that if, after landing, the and nays are ordered, or on which the at sea, that are comparable to those of the total weight of shark fins (including the tail) United States, taking into account different landed from any vessel exceeds five percent of vote incurs objection under clause 6 of conditions; and’’. the total weight of shark carcasses landed, such rule XX. (b) ILLEGAL, UNREPORTED, OR UNREGULATED fins were taken, held, or landed in violation of Record votes on postponed questions FISHING.—Subparagraph (A) of section 609(e)(3) subparagraph (P). In such subparagraph, the will be taken later. of the High Seas Driftnet Fishing Moratorium term ‘naturally attached’, with respect to a f Protection Act (16 U.S.C. 1826j(e)(3)) is amend- shark fin, means attached to the corresponding ed— shark carcass through some portion of uncut SHARK CONSERVATION ACT OF (1) by striking the ‘‘and’’ before ‘‘bycatch re- skin.’’. 2010 duction requirements’’; and (b) SAVINGS CLAUSE.— ‘‘(1) IN GENERAL.—The amendments made by Ms. BORDALLO. Madam Speaker, I (2) by striking the semicolon at the end and inserting ‘‘, and shark conservation measures;’’. subsection (a) do not apply to an individual en- move to suspend the rules and concur (c) EQUIVALENT CONSERVATION MEASURES.— gaged in commercial fishing for smooth dogfish in the Senate amendment to the bill (1) IDENTIFICATION.—Subsection (a) of section (Mustelus canis) in that area of the waters of (H.R. 81) to amend the High Seas 610 of the High Seas Driftnet Fishing Morato- the United States located shoreward of a line Driftnet Fishing Moratorium Protec- rium Protection Act (16 U.S.C. 1826k) is amend- drawn in such a manner that each point on it tion Act and the Magnuson-Stevens ed— is 50 nautical miles from the baseline of a State Fishery Conservation and Management (A) in the matter preceding paragraph (1), by from which the territorial sea is measured, if the individual holds a valid State commercial fish- Act to improve the conservation of striking ‘‘607, a nation if—’’ and inserting ‘‘607—’’; ing license, unless the total weight of smooth sharks. (B) in paragraph (1)— dogfish fins landed or found on board a vessel The Clerk read the title of the bill. (i) by redesignating subparagraphs (A) and to which this subsection applies exceeds 12 per- The text of the Senate amendment is (B) as clauses (i) and (ii), respectively; and cent of the total weight of smooth dogfish car- as follows: (ii) by moving clauses (i) and (ii) (as so redes- casses landed or found on board. Senate amendment: ignated) 2 ems to the right; (2) DEFINITIONS.—In this subsection: Strike all after the enacting clause and in- (C) by redesignating paragraphs (1) through (A) COMMERCIAL FISHING.—The term ‘‘com- sert the following: (3) as subparagraphs (A) through (C), respec- mercial fishing’’ has the meaning given that term in section 3 of the Magnuson-Stevens Fish- SECTION 1. TABLE OF CONTENTS. tively; ery Conservation and Management Act (16 The table of contents for this Act is as follows: (D) by moving subparagraphs (A) through (C) (as so redesignated) 2 ems to the right; U.S.C. 1802). Sec. 1. Table of contents. (E) by inserting before subparagraph (A) (as (B) STATE.—The term ‘‘State’’ has the mean- TITLE I—SHARK CONSERVATION ACT OF so redesignated) the following: ing given that term in section 803 of Public Law 2010 ‘‘(1) a nation if—’’; 103–206 (16 U.S.C. 5102). Sec. 101. Short title. (F) in subparagraph (C) (as so redesignated) SEC. 104. OFFSET OF IMPLEMENTATION COST. Sec. 102. Amendment of the High Seas Driftnet by striking the period at the end and inserting Section 308(a) of the Interjurisdictional Fish- Fishing Moratorium Protection ‘‘; and’’; and eries Act of 1986 (16 U.S.C. 4107(a)) is amended Act. (G) by adding at the end the following: by striking ‘‘2012.’’ and inserting ‘‘2010, and Sec. 103. Amendment of Magnuson-Stevens ‘‘(2) a nation if— $2,500,000 for each of fiscal years 2011 and Fishery Conservation and Man- ‘‘(A) fishing vessels of that nation are en- 2012.’’. agement Act. gaged, or have been engaged during the pre- TITLE II—INTERNATIONAL FISHERIES Sec. 104. Offset of implementation cost. ceding calendar year, in fishing activities or AGREEMENT TITLE II—INTERNATIONAL FISHERIES practices in waters beyond any national juris- SEC. 201. SHORT TITLE. AGREEMENT diction that target or incidentally catch sharks; This title may be cited as the ‘‘International Sec. 201. Short title. and Fisheries Agreement Clarification Act’’. Sec. 202. International Fishery Agreement. ‘‘(B) the nation has not adopted a regulatory SEC. 202. INTERNATIONAL FISHERY AGREEMENT. Sec. 203. Application with other laws. program to provide for the conservation of Consistent with the intent of provisions of the Sec. 204. Effective date. sharks, including measures to prohibit removal Magnuson-Stevens Fishery and Conservation of any of the fins of a shark (including the tail) TITLE III—MISCELLANEOUS and Management Act relating to international and discarding the carcass of the shark at sea, Sec. 301. Technical corrections to the Western agreements, the Secretary of Commerce and the that is comparable to that of the United States, New England Fishery Management Council and Central Pacific Fisheries taking into account different conditions.’’. Convention Implementation Act. may, for the purpose of rebuilding those por- (2) INITIAL IDENTIFICATIONS.—The Secretary tions of fish stocks covered by the United States- Sec. 302. Pacific Whiting Act of 2006. of Commerce shall begin making identifications Sec. 303. Replacement vessel. Canada Transboundary Resource Sharing Un- under paragraph (2) of section 610(a) of the derstanding on the date of enactment of this TITLE I—SHARK CONSERVATION ACT OF High Seas Driftnet Fishing Moratorium Protec- Act— 2010 tion Act (16 U.S.C. 1826k(a)), as added by para- (1) take into account the Understanding and SEC. 101. SHORT TITLE. graph (1)(G), not later than 1 year after the decisions made under that Understanding in the This title may be cited as the ‘‘Shark Con- date of the enactment of this Act. application of section 304(e)(4)(A)(i) of the Act servation Act of 2010’’. SEC. 103. AMENDMENT OF MAGNUSON-STEVENS (16 U.S.C. 1854(e)(4)(A)(i)); SEC. 102. AMENDMENT OF HIGH SEAS DRIFTNET FISHERY CONSERVATION AND MAN- (2) consider decisions made under that Under- FISHING MORATORIUM PROTECTION AGEMENT ACT. standing as ‘‘management measures under an ACT. (a) IN GENERAL.—Paragraph (1) of section 307 international agreement’’ that ‘‘dictate other- (a) ACTIONS TO STRENGTHEN INTERNATIONAL of Magnuson-Stevens Fishery Conservation and wise’’ for purposes of section 304(e)(4)(A)(ii) of FISHERY MANAGEMENT ORGANIZATIONS.—Section Management Act (16 U.S.C. 1857) is amended— the Act (16 U.S.C. 1854(e)(4)(A)(ii); and 608 of the High Seas Driftnet Fishing Morato- (1) by amending subparagraph (P) to read as (3) establish catch levels for those portions of rium Protection Act (16 U.S.C. 1826i) is amend- follows: fish stocks within their respective geographic ed— ‘‘(P)(i) to remove any of the fins of a shark areas covered by the Understanding on the date (1) in paragraph (1)— (including the tail) at sea; of enactment of this Act that exceed the catch (A) in subparagraph (D), by striking ‘‘and’’ at ‘‘(ii) to have custody, control, or possession of levels otherwise required under the Northeast the end; any such fin aboard a fishing vessel unless it is Multispecies Fishery Management Plan if— (B) in subparagraph (E), by inserting ‘‘and’’ naturally attached to the corresponding carcass; (A) overfishing is ended immediately; after the semicolon; and ‘‘(iii) to transfer any such fin from one vessel (B) the fishing mortality level ensures rebuild- (C) by adding at the end the following: to another vessel at sea, or to receive any such ing within a time period for rebuilding specified ‘‘(F) to adopt shark conservation measures, fin in such transfer, without the fin naturally taking into account the Understanding pursu- including measures to prohibit removal of any of attached to the corresponding carcass; or ant to paragraphs (1) and (2) of this subsection; the fins of a shark (including the tail) and dis- ‘‘(iv) to land any such fin that is not natu- and carding the carcass of the shark at sea;’’; rally attached to the corresponding carcass, or (C) such catch levels are consistent with that (2) in paragraph (2), by striking ‘‘and’’ at the to land any shark carcass without such fins Understanding. end; naturally attached;’’; and SEC. 203. APPLICATION WITH OTHER LAWS. (3) by redesignating paragraph (3) as para- (2) by striking the matter following subpara- Nothing in this title shall be construed to graph (4); and graph (R) and inserting the following: amend the Magnuson-Stevens Fishery Con- (4) by inserting after paragraph (2) the fol- ‘‘For purposes of subparagraph (P), there shall servation and Management Act (16 U.S.C. 1851 lowing: be a rebuttable presumption that if any shark et seq.) or to limit or otherwise alter the author- ‘‘(3) seeking to enter into international agree- fin (including the tail) is found aboard a vessel, ity of the Secretary of Commerce under that Act ments that require measures for the conserva- other than a fishing vessel, without being natu- concerning other species.

VerDate Mar 15 2010 03:54 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00004 Fmt 4634 Sfmt 6333 E:\CR\FM\K21DE7.008 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 21, 2010 CONGRESSIONAL RECORD — HOUSE H8791 SEC. 204. EFFECTIVE DATE. the Shark Conservation Act of 2009. role in conserving sharks and the marine eco- (a) IN GENERAL.—Except as provided in sub- This bill, which I first introduced more systems of which they are an important part. section (b), section 202 shall apply with respect than 3 years ago, reconfirms the origi- The increasing amount of shark finning has to fishing years beginning after April 30, 2010. nal intent of Congress to prevent shark taken an adverse impact on our efforts and (b) SPECIAL RULE.—Section 202(3)(B) shall only apply with respect to fishing years begin- finning by prohibiting the removal of warrants continued efforts from Congress to ning after April 30, 2012. fins at sea, and the possession, trans- reverse these unwanted trends. Economic TITLE III—MISCELLANEOUS ference, or landing of fins which are profits have fueled high demands for shark not naturally attached to the cor- SEC. 301. TECHNICAL CORRECTIONS TO THE fins and have led to the exploitation of our ma- WESTERN AND CENTRAL PACIFIC responding carcass. This critical con- rine ecosystem. Exploiters remove only shark FISHERIES CONVENTION IMPLEMEN- servation measure and enforcement fins and dump carcasses at sea. It is Con- TATION ACT. mechanism will help to end the waste- gress’ responsibility to maintain prohibition of Section 503 of the Western and Central Pacific ful and abusive practice of shark fin- shark finning in order to preserve the con- Fisheries Convention Implementation Act (16 ning and make us a world leader in U.S.C. 6902) is amended— servation of sharks and their corresponding (1) by striking ‘‘Management Council and’’ in shark conservation. ecosystems. subsection (a) and inserting ‘‘Management Yesterday, the Senate amended my Congress enacted the Shark Finning Prohi- Council, and one of whom shall be the chairman bill to clarify that certain fish stocks bition of 2000, to prohibit fishermen from re- or a member of’’; in New England are considered to be moving the fins of sharks and discarding the (2) by striking subsection (c)(1) and inserting managed under an international agree- carcasses at sea, and prevent the transpor- the following: ment for purposes of the Magnuson- tation of shark fins without the corresponding ‘‘(1) EMPLOYMENT STATUS.—Individuals serv- Stevens Fishery Conservation and carcasses. Effective enforcement of these pro- ing as such Commissioners, other than officers Management Act. The bill was also or employees of the United States Government, hibitions are found wanting. shall not be considered Federal employees except amended to make technical corrections In 2008, the 9th Circuit US Court of Appeals for the purposes of injury compensation or tort to two international fishery implemen- held that the shark finning prohibitions and re- claims liability as provided in chapter 81 of title tation acts to allow proper participa- lated implementing regulations promulgated by 5, United States Code, and chapter 171 of title tion by stakeholders on the respective the National Marine Fisheries Service (NMFS) 28, United States Code.’’; and advisory bodies. Amendments were also do not apply to certain vessels even though (3) by striking subsection (d)(2)(B)(ii) and in- made to clarify that the Secretary of they are performing fishing-related activities. serting the following: Commerce can issue regulations to According to the court ruling, the statutory def- ‘‘(ii) shall not be considered Federal employees except for the purposes of injury compensa- allow for the replacement of corroding inition of ‘‘fishing vessel’’ did not offer fair notion or tort claims liability as provided in chap- vessels in the non-pollock groundfish tice to the fishermen engaging in the at-sea ter 81 of title 5, United States Code, and chapter fishery. purchase and transfer of shark fins that would 171 of title 28, United States Code.’’. In addition, the Senate inserted lan- render the fishermen subject to the shark fin- SEC. 302. PACIFIC WHITING ACT OF 2006. guage to exempt one particular fishery ning laws. In effect, the court ruled that the (a) SCIENTIFIC EXPERTS.—Section 605(a)(1) of from the new requirement to land application of the prohibition laws under the the Pacific Whiting Act of 2006 (16 U.S.C. sharks with their fins naturally at- Shark Finning Prohibition of 2008 Act violates 7004(a)(1)) is amended by striking ‘‘at least 6 but tached. While I am not supportive of due process. not more than 12’’ inserting ‘‘no more than 2’’. this particular exemption, I do think it The bill before us today, H.R. 81, remedies (b) EMPLOYMENT STATUS.—Section 609(a) of is important to note that this fishery the problem presented by the 2008 court rul- the Pacific Whiting Act of 2006 (16 U.S.C. 7008(a)) is amended to read as follows: represents less than 1 percent of all the ing. The proposed language clarifies that all ‘‘(a) EMPLOYMENT STATUS.—Individuals ap- shark fishing in the United States, and vessels, not just fishing vessels, are prohibited pointed under section 603, 604, 605, or 606 of this that the restrictions on shark finning from having custody, control, or possession of title, other than officers or employees of the currently in the law will still apply to shark fins without the corresponding carcass, United States Government, shall not be consid- them. thereby eliminating the unexpected loophole ered to be Federal employees while performing Putting an end to shark finning is related to the transport of shark fins. n addi- such service, except for purposes of injury com- imperative to the conservation of these tion, the proposed bill would strengthen the pensation or tort claims liability as provided in important and iconic species. With capacity of our Federal Government to better chapter 81 of title 5, United States Code, and that, I ask Members on both sides to chapter 171 of title 28, United States Code.’’. monitor and enforce existing laws. support its passage. Madam Speaker, it is necessary that we SEC. 303. REPLACEMENT VESSEL. Madam Speaker, I reserve the bal- Notwithstanding any other provision of law, pass this legislation immediately given the the Secretary of Commerce may promulgate reg- ance of my time. devastation confronting our national marine ulations that allow for the replacement or re- Mr. HASTINGS of Washington. ecosystems. Sharks play an integral role in building of a vessel qualified under subsections Madam Speaker, I yield myself as our ecosystem and it is our responsibility to (a)(7) and (g)(1)(A) of section 219 of the Depart- much time as I may consume. ensure that they are protected. The future of ment of Commerce and Related Agencies Appro- Madam Speaker, this legislation our ecosystem is in our hands and we need priations Act, 2005 (Public Law 108–447; 188 takes H.R. 81, the Shark Conservation to do all that we can for the sake of our nat- Stat. 886–891). Act of 2010, which passed this House in ural resources and for our future generations. The SPEAKER pro tempore. Pursu- March of last year, and adds several I urge my colleagues to pass H.R. 81. ant to the rule, the gentlewoman from other fisheries provisions, all of which Mrs. CAPPS. Madam Speaker, I rise today Guam (Ms. BORDALLO) and the gen- I support. My colleague has adequately to express my support for H.R. 81, the Shark tleman from Washington (Mr. explained and described what is in this Conservation Act. HASTINGS) each will control 20 minutes. small fisheries package, and I do not I want to thank Congresswoman BORDALLO The Chair recognizes the gentle- object to this legislation. Action by for introducing this legislation of which I am a woman from Guam. this House will clear these measures cosponsor. GENERAL LEAVE for the President. I urge adoption. Shark populations in our world’s oceans are Ms. BORDALLO. Madam Speaker, I Mr. FALEOMAVAEGA. Madam Speaker, I dying. ask unanimous consent that all Mem- rise in support of H.R. 81, the Shark Con- We need to act, and we need to act now. bers may have 5 legislative days to reservation Act of 2009. First, I want to com- Sharks are at the top of the global marine vise and extend their remarks and in- mend the chief sponsor, the Chairwoman of food chain. Sharks have roamed our oceans clude extraneous material on the bill the Natural Resources Subcommittee on Insu- since before the time of dinosaurs, but now under consideration. lar Affairs, Oceans and Wildlife, and my good their populations are being threatened by The SPEAKER pro tempore. Is there friend, Ms. MADELEINE BORDALLO of Guam, for overfishing around the globe. objection to the request of the gentle- her leadership on this important issue. I also Shark-finning takes a tremendous toll on woman from Guam? want to commend Chairman NICK RAHALL and shark populations. There was no objection. members of the Committee on Natural Re- An estimated 73 million sharks are killed sources for their strong support of this bipar- every year to support the global shark fin b 1020 tisan legislation. trade. Ms. BORDALLO. Madam Speaker, I This piece of legislation underscores the We must act decisively today to help protect rise today in strong support of H.R. 81, need for the U.S. to maintain its leadership these magnificent creatures.

VerDate Mar 15 2010 07:12 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00005 Fmt 4634 Sfmt 9920 E:\CR\FM\A21DE7.001 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8792 CONGRESSIONAL RECORD — HOUSE December 21, 2010 The Shark Conservation Act would end the The SPEAKER pro tempore. The revolving loans, as determined by the Adminis- practice of shark finning in U.S. waters. question is on the motion offered by trator, on a competitive basis, to eligible entities, However, domestic protections alone will not the gentlewoman from Guam (Ms. including through contracts entered into under save sharks. subsection (e) of this section,’’; and BORDALLO) that the House suspend the (B) in paragraph (1), by striking ‘‘tons of’’; We need further safeguards to keep marine rules and concur in the Senate amend- (3) in subsection (b)— ecosystems and top predator populations ment to the bill, H.R. 81. (A) by striking paragraph (2); healthy. The Shark Conservation Act will bol- The question was taken; and (two- (B) by redesignating paragraph (3) as para- ster the U.S.’s position when negotiating for thirds being in the affirmative) the graph (2); and increased international fishery protections. rules were suspended and the Senate (C) in paragraph (2) (as so redesignated)— (i) in subparagraph (A), in the matter pre- Healthy shark populations in our waters can amendment was concurred in. help drive our economy and make our seas ceding clause (i), by striking ‘‘90’’ and inserting A motion to reconsider was laid on ‘‘95’’; thrive. the table. This bill is not just about preserving a spe- (ii) in subparagraph (B)(i), by striking ‘‘10 f percent’’ and inserting ‘‘5 percent’’; and cies, but about preserving an ecosystem, an (iii) in subparagraph (B)(ii), by striking ‘‘the economy, and a sustainable future. DIESEL EMISSIONS REDUCTION application under subsection (c)’’ and inserting I urge all of my colleagues to vote in sup- ACT OF 2010 ‘‘a verification application’’; port of H.R. 81. (4) in subsection (c)— Mr. FARR. Madam Speaker, I rise today in Mr. WAXMAN. Madam Speaker, I (A) by redesignating paragraphs (2) and (3) as support of the Senate Amendment to H.R. 81, move to suspend the rules and concur paragraphs (3) and (4), respectively; The Shark Conservation Act of 2010. I am in the Senate amendments to the bill (B) by striking paragraph (1) and inserting pleased that the Senate has taken up and (H.R. 5809) to amend the Controlled the following: Substances Act to provide for take- ‘‘(1) EXPEDITED PROCESS.— passed this bill with so little time left in the ‘‘(A) IN GENERAL.—The Administrator shall 111th Congress, and I urge my colleagues to back disposal of controlled substances in certain instances, and for other pur- develop a simplified application process for all follow suit and vote ‘‘yes’’ to the Senate applicants under this section to expedite the Amendment to H.R. 81 so that we can send poses. provision of funds. this important piece of legislation to the Presi- The Clerk read the title of the bill. ‘‘(B) REQUIREMENTS.—In developing the expe- dent’s desk. The text of the Senate amendments dited process under subparagraph (A), the Ad- This bill seeks to adopt important and nec- is as follows: ministrator— essary conservation measures for sharks. Senate amendments: ‘‘(i) shall take into consideration the special circumstances affecting small fleet owners; and Specifically, and perhaps most importantly, the Strike all after the enacting clause and ‘‘(ii) to avoid duplicative procedures, may re- bill amends the High Seas Driftnet Fishing insert the following: quire applicants to include in an application Moratorium Protection Act to prohibit shark-fin- SECTION 1. SHORT TITLE. under this section the results of a competitive ning. Shark-finning is the removal of any fins This Act may be cited as the ‘‘Diesel Emissions bidding process for equipment and installation. of a shark (including the tail), and discarding Reduction Act of 2010’’. ‘‘(2) ELIGIBILITY.— the carcass of the shark at sea. The practice SEC. 2. DIESEL EMISSIONS REDUCTION PRO- ‘‘(A) GRANTS.—To be eligible to receive a has egregious effects on shark populations GRAM. grant under this section, an eligible entity shall submit to the Administrator an application at worldwide and the fins remain in high demand (a) DEFINITIONS.—Section 791 of the Energy Policy Act of 2005 (42 U.S.C. 16131) is amended— such time, in such manner, and containing such for use in ‘‘shark fin soup’’—an Asian delicacy. (1) in paragraph (3)— information as the Administrator may require. It is estimated that 73 million sharks are killed (A) in subparagraph (A), by striking ‘‘and’’ at ‘‘(B) REBATES AND LOW-COST LOANS.—To be each year as a result of shark-finning. In short, the end; eligible to receive a rebate or a low-cost loan this practice takes a tremendous toll on shark (B) in subparagraph (B), by striking the pe- under this section, an eligible entity shall sub- populations. riod at the end and inserting ‘‘; and’’; and mit an application in accordance with such In addition, many shark species are threat- (C) by adding at the end the following: guidance as the Administrator may establish— ened or endangered, making the conservation ‘‘(C) any private individual or entity that— ‘‘(i) to the Administrator; or ‘‘(i) is the owner of record of a diesel vehicle ‘‘(ii) to an entity that has entered into a con- measures set forth by this bill timely and nec- tract under subsection (e).’’; essary. Sharks are one of the top predators in or fleet operated pursuant to a contract, license, or lease with a Federal department or agency or (C) in paragraph (3)(G) (as redesignated by our oceans, and a loss in their population an entity described in subparagraph (A); and subparagraph (A)), by inserting ‘‘in the case of would lead to permanent and detrimental ef- ‘‘(ii) meets such timely and appropriate re- an application relating to nonroad engines or fects on the entire marine environment. The quirements as the Administrator may establish vehicles,’’ before ‘‘a description of the diesel’’; loss of top predators in the marine environ- for vehicle use and for notice to and approval and ment upsets the balance of our oceans, caus- by the Federal department or agency or entity (D) in paragraph (4) (as redesignated by sub- described in subparagraph (A) with respect to paragraph (A))— ing severe and sometimes irreversible con- (i) in the matter preceding subparagraph sequences. which the owner has entered into a contract, license, or lease as described in clause (i).’’; (A)— We take so much from our ocean, and yet (I) by inserting ‘‘, rebate,’’ after ‘‘grant’’; and (2) in paragraph (4), by inserting ‘‘currently, (II) by inserting ‘‘highest’’ after ‘‘shall give’’; give nothing back. Protecting and conserving or has not been previously,’’ after ‘‘that is not’’; (ii) in subparagraph (C)(iii)— its depleting resources should be a top priority (3) by striking paragraph (9); (I) by striking ‘‘a diesel fleets’’ and inserting because before long there will be nothing left (4) by redesignating paragraph (8) as para- ‘‘diesel fleets’’; and to take. graph (9); For these reasons I urge my colleagues to (II) by inserting ‘‘construction sites, schools,’’ (5) in paragraph (9) (as so redesignated), in after ‘‘terminals,’’; vote ‘‘yes’’ on the Senate Amendment to H.R. the matter preceding subparagraph (A), by (iii) in subparagraph (E), by adding ‘‘and’’ at 81. striking ‘‘, advanced truckstop electrification the end; Mr. HASTINGS of Washington. I system,’’; and (iv) in subparagraph (F), by striking ‘‘; and’’ yield back the balance of my time. (6) by inserting after paragraph (7) the fol- and inserting a period; and Ms. BORDALLO. Madam Speaker, in lowing: (v) by striking subparagraph (G); closing, I urge all Members to support ‘‘(8) STATE.—The term ‘State’ means the sev- (5) in subsection (d)— eral States, the District of Columbia, the Com- this bill. (A) in paragraph (1), in the matter preceding monwealth of Puerto Rico, Guam, the United subparagraph (A), by inserting ‘‘, rebate,’’ after In our last business before the House States Virgin Islands, American Samoa, and the for the Natural Resources Committee ‘‘grant’’; and Commonwealth of the Northern Mariana Is- (B) in paragraph (2)(A)— this year, I would like to thank the lands.’’. (i) by striking ‘‘grant or loan provided’’ and gentleman from Washington for his co- (b) NATIONAL GRANT, REBATE, AND LOAN PRO- inserting ‘‘grant, rebate, or loan provided, or operation in this bill, and for all of the GRAMS.—Section 792 of the Energy Policy Act of contract entered into,’’; and opportunities that we have had to work 2005 (42 U.S.C. 16132) is amended— (ii) by striking ‘‘Federal, State or local law’’ together in this Congress. Moreover, I (1) in the section heading, by inserting ‘‘, RE- and inserting ‘‘any Federal law, except that this wish him good luck as the new chair- BATE,’’ after ‘‘GRANT’’; subparagraph shall not apply to a mandate in a (2) in subsection (a)— man of the committee next year, and State implementation plan approved by the Ad- (A) in the matter preceding paragraph (1), by ministrator under the Clean Air Act’’; and look forward to working with him in striking ‘‘to provide grants and low-cost revolv- (6) by adding at the end the following: the next capacity. ing loans, as determined by the Administrator, ‘‘(e) CONTRACT PROGRAMS.— Madam Speaker, I yield back the bal- on a competitive basis, to eligible entities’’ and ‘‘(1) AUTHORITY.—In addition to the use of ance of my time. inserting ‘‘to provide grants, rebates, or low-cost contracting authority otherwise available to the

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Administrator, the Administrator may enter into ‘‘(4) PRIORITY.—In providing grants, rebates, shall take effect on the date of enactment of this contracts with eligible contractors described in and loans under this section, a State shall use Act. paragraph (2) for the administration of pro- the priorities in section 792(c)(4). Amend the title so as to read: ‘‘An grams for providing rebates or loans, subject to ‘‘(5) PUBLIC NOTIFICATION.—Not later than 60 Act to amend the Energy Policy Act of the requirements of this subtitle. days after the date of the award of a grant, re- 2005 to reauthorize and modify provi- ‘‘(2) ELIGIBLE CONTRACTORS.—The Adminis- bate, or loan by a State, the State shall publish trator may enter into a contract under this sub- on the Web site of the State— sions relating to the diesel emissions section with a for-profit or nonprofit entity that ‘‘(A) for rebates, grants, and loans provided to reduction program.’’. has the capacity— the owner of a diesel vehicle or fleet, the total The SPEAKER pro tempore. Pursu- ‘‘(A) to sell diesel vehicles or equipment to, or number and dollar amount of rebates, grants, or ant to the rule, the gentleman from to arrange financing for, individuals or entities loans provided, as well as a breakdown of the California (Mr. WAXMAN) and the gen- that own a diesel vehicle or fleet; or technologies funded through the rebates, grants, tleman from Texas (Mr. BURGESS) each ‘‘(B) to upgrade diesel vehicles or equipment or loans; and will control 20 minutes. with verified or Environmental Protection Agen- ‘‘(B) for other rebates, grants, and loans, a The Chair recognizes the gentleman cy-certified engines or technologies, or to ar- description of each application for which the from California. range financing for such upgrades. grant, rebate, or loan is provided.’’. GENERAL LEAVE ‘‘(f) PUBLIC NOTIFICATION.—Not later than 60 (d) EVALUATION AND REPORT.—Section 794(b) days after the date of the award of a grant, re- of the Energy Policy Act of 2005 (42 U.S.C. Mr. WAXMAN. Madam Speaker, I ask bate, or loan, the Administrator shall publish on 16134(b)) is amended— unanimous consent that all Members the website of the Environmental Protection (1) in each of paragraphs (2) through (5) by may have 5 legislative days in which to Agency— inserting ‘‘, rebate,’’ after ‘‘grant’’ each place it revise and extend their remarks and in- ‘‘(1) for rebates and loans provided to the appears; clude extraneous material in the owner of a diesel vehicle or fleet, the total num- (2) in paragraph (5), by striking ‘‘and’’ at the RECORD. ber and dollar amount of rebates or loans pro- end; The SPEAKER pro tempore. Is there vided, as well as a breakdown of the tech- (3) in paragraph (6), by striking the period at objection to the request of the gen- nologies funded through the rebates or loans; the end and inserting ‘‘; and’’; and and (4) by adding at the end the following new tleman from California? ‘‘(2) for other rebates and loans, and for paragraph: There was no objection. grants, a description of each application for ‘‘(7) in the last report sent to Congress before Mr. WAXMAN. Madam Speaker, I which the grant, rebate, or loan is provided.’’. January 1, 2016, an analysis of the need to con- yield myself such time as I may con- (c) STATE GRANT, REBATE, AND LOAN PRO- tinue the program, including an assessment of sume. GRAMS.—Section 793 of the Energy Policy Act of the size of the vehicle and engine fleet that I urge my colleagues to vote in favor 2005 (42 U.S.C. 16133) is amended— could provide benefits from being retrofit under of H.R. 5809, an act to reauthorize the (1) in the section heading, by inserting ‘‘, RE- this program and a description of the number Diesel Emissions Reduction Act, or BATE,’’ after ‘‘GRANT’’; and types of applications that were not granted DERA. Since its enactment in 2005, (2) in subsection (a), by inserting ‘‘, rebate,’’ in the preceding year.’’. DERA has provided significant public after ‘‘grant’’; (e) AUTHORIZATION OF APPROPRIATIONS.—Sec- (3) in subsection (b)(1), by inserting ‘‘, re- tion 797 of the Energy Policy Act of 2005 (42 health benefits, improved our national bate,’’ after ‘‘grant’’; U.S.C. 16137) is amended to read as follows: energy security, and helped create jobs. (4) by amending subsection (c)(2) to read as ‘‘SEC. 797. AUTHORIZATION OF APPROPRIATIONS. Today’s bill will authorize the continu- follows: ‘‘(a) IN GENERAL.—There is authorized to be ation of this successful program for ‘‘(2) ALLOCATION.— appropriated to carry out this subtitle 2012 through 2016. It also slightly modi- ‘‘(A) IN GENERAL.—Except as provided in sub- $100,000,000 for each of fiscal years 2012 through fies the program to improve its effec- paragraphs (B) and (C), using not more than 20 2016, to remain available until expended. tiveness and administration. percent of the funds made available to carry out ‘‘(b) MANAGEMENT AND OVERSIGHT.—The Ad- Diesel engines are the workhorses of this subtitle for a fiscal year, the Administrator ministrator may use not more than 1 percent of shall provide to each State qualified for an allo- the economy. They are used to take the amounts made available under subsection students to school, to build roads and cation for the fiscal year an allocation equal to (a) for each fiscal year for management and 1 buildings, and to transport goods over ⁄53 of the funds made available for that fiscal oversight purposes.’’. year for distribution to States under this para- roads, rails, and waterways. Diesel en- graph. SEC. 3. AUDIT. gines have long had a reputation for (a) IN GENERAL.—Not later than 360 days ‘‘(B) CERTAIN TERRITORIES.— being dirty, but that reputation is ‘‘(i) IN GENERAL.—Except as provided in after the date of enactment of this Act, the Comptroller General of the United States shall changing. New diesel engines and vehi- clause (ii), Guam, the United States Virgin Is- cles must meet tough standards set by lands, American Samoa, and the Commonwealth carry out an audit to identify— of the Northern Mariana Islands shall collec- (1) all Federal mobile source clean air grant, the Environmental Protection Agency. rebate, or low cost revolving loan programs However, there are millions of older tively receive an allocation equal to 1⁄53 of the funds made available for that fiscal year for dis- under the authority of the Administrator of the diesel engines now in use that have tribution to States under this subsection, divided Environmental Protection Agency, the Secretary very high emissions, causing a number equally among those 4 States. of Transportation, or other relevant Federal of public health and environmental agency heads that are designed to address diesel ‘‘(ii) EXCEPTION.—If any State described in problems, including premature death. emissions from, or reduce diesel fuel usage by, clause (i) does not qualify for an allocation These engines have long useful lives, under this paragraph, the share of funds other- diesel engines and vehicles; and (2) whether, and to what extent, duplication up to 25 years, so absent incentives to wise allocated for that State under clause (i) clean them up, we will be suffering shall be reallocated pursuant to subparagraph or overlap among, or gaps between, these Fed- (C). eral mobile source clean air programs exists. from their pollution for a long time. ‘‘(C) REALLOCATION.—If any State does not (b) REPORT.—The Comptroller General of the DERA is designed to use voluntary qualify for an allocation under this paragraph, United States shall— partnership approaches to reduce pollu- the share of funds otherwise allocated for that (1) submit to the Committee on Environment tion from these existing engines and State under this paragraph shall be reallocated and Public Works of the Senate and the Com- vehicles. DERA authorizes EPA and to each remaining qualified State in an amount mittee on Energy and Commerce of the House of the States to use loans and grants to Representatives a copy of the audit under sub- equal to the product obtained by multiplying— help clean up existing dirty diesel en- ‘‘(i) the proportion that the population of the section (a); and (2) make a copy of the audit under subsection gines and vehicles. Today’s bill would State bears to the population of all States de- also permit EPA to run rebate pro- scribed in paragraph (1); by (a) available on a publicly accessible Internet ‘‘(ii) the amount otherwise allocatable to the site. grams for clean diesel technology. nonqualifying State under this paragraph.’’; (c) OFFSET.—All unobligated amounts pro- All 50 States and D.C. have estab- (5) in subsection (d)— vided to carry out the pilot program under title lished DERA programs. Today’s bill (A) in paragraph (1), by inserting ‘‘, rebate,’’ I of division G of the Omnibus Appropriations would allow Puerto Rico, the Virgin Is- after ‘‘grant’’; Act, 2009 (Public Law 111–8; 123 Stat. 814) under lands, American Samoa, and the North- (B) in paragraph (2), by inserting ‘‘, rebates,’’ the heading ‘‘MISCELLANEOUS ITEMS’’ are re- ern Mariana Islands to do the same. scinded. after ‘‘grants’’; DERA projects have included retro- (C) in paragraph (3), in the matter preceding SEC. 4. EFFECTIVE DATE. fitting schoolbuses to reduce children’s subparagraph (A), by striking ‘‘grant or loan (a) GENERAL RULE.—Except as provided in provided under this section may be used’’ and subsection (b), the amendments made by section exposure to harmful air pollution, inserting ‘‘grant, rebate, or loan provided under 2 shall take effect on October 1, 2011. repowering locomotives used at sea- this section shall be used’’; and (b) EXCEPTION.—The amendments made by ports to save fuel and reduce emissions (D) by adding at the end the following: subsections (a)(4) and (6) and (c)(4) of section 2 in the surrounding neighborhoods, and

VerDate Mar 15 2010 07:12 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\A21DE7.002 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8794 CONGRESSIONAL RECORD — HOUSE December 21, 2010 replacing high-emitting construction month ago. But here we still are, con- enough damage. Go home and let us equipment. Clean diesel funding has tinuing to pass legislation that is going send new people to do the job. also been used to help small- and me- to affect the lives of Americans well Well, the new people are waiting in dium-sized trucking companies afford into this decade. And you have to ask the wings, 80 freshmen on my side, clean technologies. yourself: Why is it that we are here ready to take the reins of power. Yet I was pleased to see EPA’s recent ac- doing this at this time? here we are at the 11th hour continuing tion stating a preference for programs Now, the bill before us is not nec- to push policy across the floor. Wheth- for truckers that couple fuel conserva- essarily bad policy. In fact, it was part er it be good or bad policy at this point tion technology with emissions reduc- of the Energy Policy Act of 2005. I is not the point. The point is this Con- tion technologies, including anti-idling voted in favor of that bill in 2005, and gress should have long ago gone home technologies, over programs that only this reauthorizes a segment of it to and wrapped up its business. have fuel conservation provisions. This deal with diesel emission reductions. I reserve the balance of my time. approach is consistent with the DERA And, all in all, it has been a good pro- Mr. WAXMAN. Madam Speaker, we program as amended by this bill. gram. are paid until the end of the year. We DERA is delivering numerous bene- The chairman is right; the amount of are here to do our job. The American fits. EPA estimates that every $1 spent appropriations that are being author- people said to work things out on a bi- on clean diesel projects generates up to ized has been reduced from what was partisan basis. That is what we have $13 of public health benefits. DERA originally prescribed under the Energy done with this legislation. also helps reduce our dependence on Policy Act of 2005, and, all in all, that I am pleased to yield 5 minutes to my foreign oil. From projects funded in is a good thing. It is attributable to the good friend from southern California just the first year of the program, EPA fact that this has been a successful pro- (Ms. RICHARDSON). estimates that the country will save gram and that its need going forward is Ms. RICHARDSON. Madam Speaker, more than 3.2 million gallons of fuel less than what it was in 2005. I rise today in support of the Senate annually. This means that truckers The chairman is also quite correct; amendments to H.R. 5809, the Senate and other diesel operators will spend $8 diesel engines have a long life. They version of the Diesel Emissions Reduc- million less on fuel, and reduce their are a marvel of engineering. I have tion Act of 2010. As author of H.R. 6482, CO2 emissions by 35,600 tons per year. businesses in my district. Floyd the House companion to the Senate DERA also helps create jobs in the McNeely, in my district in Fort Worth, bill, S. 3973, I urge my colleagues to U.S. For every $500 million spent on runs a diesel refurbishing plant where join me in supporting this legislation. diesel retrofit technology, DERA saves he takes old run-out diesel engines and I would argue that this legislation or creates on average almost 10,000 puts new life into them. Because of En- was not just brought up in the lame jobs. It also has facilitated the develop- vironmental Protection Agency con- duck session. In fact, I have staff mem- ment of emerging cleaner technologies. straints, he can’t sell them in this bers here who worked a great deal of Given these benefits, it is not sur- country but actually is able to sell time with the Energy and Commerce prising that on November 9 a coalition them to countries in Central and South Committee to bring forward this very of 538 companies and organizations rep- America, and they continue to perform thoughtful legislation. What this legis- resenting manufacturing and business good works, both in trucks and boats lation will do is create jobs, save lives, interests, environmental and health- and other mechanical applications. Be- and significantly improve the Nation’s based organizations, faith and labor cause of the long life of diesel engines, air quality system. groups, and State and local agencies this program is indeed a reasonable one I wish to thank Chairman WAXMAN wrote to House members to urge reau- because it does reduce the diesel emis- and Chairman MARKEY and their staffs thorization of the Diesel Emissions Re- sions from those engines that have for their support and everything they duction Act, DERA. This reauthoriza- been in use and provided gainful em- have done to make it possible to bring tion of DERA has strong bipartisan ployment for a long period of time. this bill to the floor. It is important. support, which has been a hallmark I am pleased the authorization was People’s health is important, even during its enactment and annually dur- reduced. I am pleased that section 3 of today in a lame duck session. I also ap- ing the appropriations process. this legislation before us authorizes a preciate the efforts of Senator Despite the significant benefits from General Accounting Office study as to VOINOVICH and Senator CARPER in shep- DERA, today’s bill sets the authoriza- whether or not the authorization is herding this bill through the Senate. tion level for 2012 through 2016 at half even necessary going forward into the This legislation reauthorizes and ex- the level of that for 2007 through 2011. next period of authorization. It is im- tends DERA for an additional 5 years The authorizing level is being reduced portant to make certain that this leg- and includes several important modi- so that it is more in line with the lev- islation stays on the right track. fications to expand the program and in- els that are normally appropriated for Of course, as with many things in crease eligibility. DERA has proven to this program. Washington, this legislation is sup- be successful, and this is why we are ported by a broad coalition of environ- bringing this bill forward today, in re- b 1030 mental, science-based, public health, ducing diesel emissions by upgrading It is not an indication that this Con- industry, and State and local govern- and modernizing older diesel engines gress believes that the need for the pro- ment groups, all of which stand to ben- and equipment. gram has decreased nor is it an indica- efit from this legislation. The Amer- You might ask: Why is this impor- tion that appropriated levels should be ican people, indeed, stand to benefit tant to me in my particular district decreased. The Diesel Emissions Re- from this legislation because of the re- and in California and in the Nation? duction Act has been a successful produced amount of particulate emissions Well, I’ll tell you why. Our district is gram that has widespread support and in older diesel engines. home to the two busiest container has produced significant benefits. I But it still negates the fact that we ports in the United States: the Port of hope you will join me today in voting shouldn’t even be here in the first Los Angeles and the Port of Long to reauthorize it. place. This Congress should have died a Beach. On average, 35,000 trucks com- I reserve the balance of my time. merciful death after being repudiated mute to and from the ports daily, and Mr. BURGESS. I yield myself such by the American people in the last by the year 2030 this number is ex- time as I may consume. election, and yet here we are, late into pected to triple. Madam Speaker, it is somewhat iron- December, continuing to enact policies Those living along freight corridors ic that here we are, almost poetic, like that are going to affect American lives in my district are already suffering a line from a Robert Frost poem: on well into this decade and probably dec- from asthma and cancer rates far above the shortest evening of the year, here ades beyond. the national average. Air quality im- we stand in the darkened wood, two The American people spoke loudly provement and reductions in emissions roads diverge in front of us. with one voice and with extreme clar- are vital to the quality of life and This Congress should be over. This ity on November 2 of this year. They health for those who live along the Congress should have been over a said: Congress, stop. You’ve done goods movement corridors.

VerDate Mar 15 2010 03:54 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K21DE7.012 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 21, 2010 CONGRESSIONAL RECORD — HOUSE H8795 The immediate and long-term bene- tion of Counties and the National Conference Builders Association; Appalachian Voices; fits of passing the DERA 2010 Act are of State Legislatures all adopted policies at Artic Breeze/Hammond Air Conditioning substantial, both in my district and in their annual meetings this summer calling Limited; Associated California Loggers; As- on Congress to reauthorize the Diesel Emis- sociated Equipment Distributors; Associated the Nation. Additionally, the Diesel sions Reduction Act. We encourage you to General Contractors of America (AGC); Asso- Emissions Reduction Act of 2010 pro- prioritize passage of this successful bi-par- ciated General Contractors of Greater Mil- vides economic incentives that all of tisan program the next time Congress is in waukee; Association of American Railroads; our State and local governments need session to ensure continued benefits for all. Association of Equipment Manufacturers; right now, with their private fleets We strongly support efforts to reauthorize Asthma Regional Council; Atlanta Bicycle that contract with State and local gov- the program for an additional five years at Coalition; Autotherm Division Enthal Sys- ernments, to decrease emissions still the current authorized level of funding along tems Inc.; B.R. Williams, Inc.; Baltimore with a few modest changes. Changes pro- Nonviolence Center; BASF Catalyst LLC; while maintaining and expanding their posed in draft legislation will make the pro- Baumot North America, LLC. levels of service. gram more effective by streamlining the Bay Area Air Quality Management Dis- Since DERA was funded back in 2007, grant process, improving EPA’s administra- trict; Beaverton Schools Transportation; more than 3,000 projects nationwide tion, removing outdated language, and en- Beck Bus Transportation; Bell Associates have benefited from this very program. suring full consideration of the congressional International LLc; Beverly Unitarian The EPA has estimated that the pro- policies and priorities established in the law. Church; Bike Pittsburgh; Bikes Not Bombs; Blue Diamond Growers; Boston Climate Ac- gram averages more than $13 in sav- We urge you to support efforts to reauthorize the Diesel Emission Reduction Act tion Network (BostonCAN); Boston Healthy ings, yes, savings, in health and eco- (DERA), by cosponsoring legislation once in- Homes and Schools Collaborative; Brattain nomic benefits for every $1 in funding, troduced, to ensure the continuation of this International Trucks, Inc.; Breast Cancer and this reauthorization even further widely successful, cost effective program. Action Coalition; Breathe Clean Air Action emphasizes cost-effective programs. Sincerely, Team (BCAAT, Inc.); Brett Hulsey, Dane Moreover, projections estimate that Action for Regional Equity; Action United; County; Supervisor, District 4; California As- nearly 2,000 lives will be saved by 2017 AGC of Minnesota; AJC-Palm Beach County sociation of Wheat Growers; California Cattlemen’s Association; California Citrus in direct relation to DERA’s impact on Regional Office; Alabama State Port Author- ity; Alban Tractor Company, Inc.; Albany Mutual; California Cotton Ginners Associa- air quality. Port District Commission, Alivio Medical tion; California Cotton Growers Association; This legislation has been endorsed by Center; Allied Grape Growers; Almond California Dairy Campaign; California Farm leading environmental, health, and Hullers & Processors Association; Alter- Bureau Federation; California Grape & Tree transportation organizations who have natives for Community and Environment Fruit League; California Partnership for the argued that DERA is an effective pro- (ACE); Amalgamated Transit Union Local San Joaquin Valley, Air Quality Work 241; American Association of Port Authori- Group; California Rice Commission. gram that protects and creates Amer- California School Transportation Associa- ican jobs. ties (AAPA); American Lung Association; American Lung Association in Alabama; tion; California Women for Agriculture; I would like to include in the RECORD American Lung Association in Alaska; Campbell Maritime, Inc.; Canary Coalition; a letter supporting this legislation American Lung Association in Arizona; Capitol Underground, Inc.; Carolina Green signed by over 500 leading environ- American Lung Association in Arkansas; Food Service Supply; Cascade Sierra Solu- mental, health, and transportation or- American Lung Association in California; tions—Coburg, OR Branch; Cascade Sierra ganizations and companies. American Lung Association in Colorado. Solutions—Fontana, CA Branch; Cascade Si- Members in both Chambers and on American Lung Association in Con- erra Solutions—National; Cascade Sierra So- necticut; American Lung Association in DC; lutions—Portland, OR Branch; Cascade Si- both sides of the aisle have embraced erra Solutions—Sacramento, CA Branch; this legislation. I urge my colleagues American Lung Association in Delaware; American Lung Association in Florida; Cascade Sierra Solutions—Seattle, WA to support it again today. American Lung Association in Georgia; Branch; Catalytic Solutions, Inc.; Cater- November 9, 2010. American Lung Association in Hawaii; pillar Inc.; Center for Biological Diversity; Hon. LAURA RICHARDSON, American Lung Association in Idaho; Amer- Center for the Celebration of Creation House of Representatives, Washington, DC. ican Lung Association in Illinois; American (Philadelphia, PA); Central Valley Air Qual- ity Coalition (CVAQ); Charlotte Area Bicycle DEAR CONGRESSWOMAN RICHARDSON: As a Lung Association in Indiana; American Lung Alliance. uniquely broad coalition of environmental, Association in Iowa; American Lung Asso- science-based, public health, industry, labor Charlotte Energy Solutions; Chelsea Board ciation in Kansas; American Lung Associa- of Health; Chelsea Collaborative, Inc; Chel- and state and local government groups, we tion in Kentucky; American Lung Associa- are writing in support of efforts to reauthor- sea Creek Action Group; Chelsea Green tion in Louisiana; American Lung Associa- Space and Recreation Committee; Chesa- ize the Diesel Emission Reduction Act tion in Maine; American Lung Association in (DERA), scheduled to expire at the end of fis- peake Climate Action Network; Chestnut Maryland; American Lung Association in Ridge Transportation, Inc.; Chicago Area cal year 2011. The program has been ex- Massachusetts; American Lung Association tremely successful in providing cost-effec- Clean Cities; Childhood Lead Action Project; in Michigan; American Lung Association in Citizen Action/Illinois; Citizen Power; Citi- tive public health and environmental bene- Minnesota; American Lung Association in zens Against Ruining the Environment; Citi- fits. Mississippi; American Lung Association in zens Environmental Coalition; Citizens for Diesel-powered vehicles and equipment Missouri. Pennsylvania’s Future (PennFuture); City of play an important role in the nation’s econ- American Lung Association in Montana; Pittsburgh; City of Westland, Michigan; omy and are getting cleaner every day. American Lung Association in Nebraska; Cleaire Advanced Emissions Controls; Clean DERA, originally enacted in 2005 with over- American Lung Association in Nevada; Air Board of Central Pennsylvania; Clean Air whelming bipartisan support, was designed American Lung Association in New Hamp- Carolina; Clean Air Council. to reduce emissions from the 20 million ex- shire; American Lung Association in New Clean Air Partnership; Clean Air Task isting diesel engines in use today by as much Jersey; American Lung Association in New Force (CATF); Clean Air Watch; Clean En- as 90 percent. Mexico; American Lung Association in New ergy Coalition (MI); Clean Fuels Ohio; Clean Since enactment, DERA has been success- York; American Lung Association in North New York; Clean Water Action—California; ful from an economic, environmental and Carolina; American Lung Association in Clean Water Action—Chesapeake Region; public health perspective, yielding one of the North Dakota; American Lung Association Clean Water Action—Colorado; Clean Water greatest cost-benefit ratios of any federal in Ohio; American Lung Association in Okla- Action—Connecticut; Clean Water Action— program, according to the Office of Manage- homa; American Lung Association in Or- Florida; Clean Water Action—Michigan; ment and Budget calculations. In a recent egon; American Lung Association in Penn- Clean Water Action—National; Clean Water Report to Congress on the first year of the sylvania; American Lung Association in Action—Pennsylvania; Clean Water Action— DERA program, the Environmental Protec- Rhode Island; American Lung Association in Rhode Island; Clean Water Action—Texas; tion Agency (EPA) estimates that for every South Carolina; American Lung Association Clean Water Action Alliance of Massachu- dollar spent on the DERA program, an aver- in South Dakota; American Lung Associa- setts; Cleveland County Asthma Coalition age of more than $20 in health benefits are tion in Tennessee; American Lung Associa- (NC); Coalition for Responsible Transpor- generated. Every state in the nation now has tion in Texas; American Lung Association in tation (CRT); Coalition of Labor, Agriculture a diesel retrofit program and benefits from Utah; American Lung Association in and Business—Imperial. DERA funding. Vermont; American Lung Association in Vir- Commuter Challenge; Connecticut Citizen As a result of the program’s success, DERA ginia. Action Group; Constructors Association of benefits from extensive broad-based support. American Lung Association in Wash- Western Pennsylvania; Consulting for Over 350 diverse companies and organizations ington; American Lung Association in West Health, Air, Nature, and a Greener Environ- from across the country have signed letters Virginia; American Lung Association in Wis- ment (CHANGE); Consumer Health Coali- in support of DERA. In addition, the U.S. consin; American Lung Association in Wyo- tion; Corning Incorporated; Craufurd Manu- Conference of Mayors, the National Associa- ming; American Road & Transportation facturing, LLC; Cummins Atlantic, LLC;

VerDate Mar 15 2010 04:47 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K21DE7.014 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8796 CONGRESSIONAL RECORD — HOUSE December 21, 2010 Cummins Bridgeway LLC; Cummins Cal Pa- M & M Bus Service, Inc.; M.A.Turbo/En- Impact Network; Pittsburgh Region Clean cific, LLC; Cummins Crosspoint, LLC; gine Ltd.; MA Republicans for Environ- Cities; Pittsburgh UNITED; Port Authority Cummins Inc.; Cummins Mid-South, LLC; mental Protection; Madeline Island Ferry of New York & New Jersey; Port Everglades; Cummins Northeast, LLC; Cummins North- Line; Madera County Farm Bureau; Makah Port of Corpus Christi Authority; Port of west, LLC; Cummins NPower LLC; Cummins Tribe; Mankato Area Environmentalists; Everett; Port of Houston Authority; Port of Power South, LLC; Cummins Power Sys- MANN+HUMMEL; Manufacturers of Emis- Long Beach; Port of Los Angeles; Port of tems, LLC; Cummins Rocky Mountain, LLC; sion Controls Association (MECA); Maryland Oakland; Port of Pittsburgh Commission. Cummins Southern Plains, LLC. Port Administration—Port of Baltimore; Port of Portland (OR); Port of San Fran- Cummins West, Inc.; DC Environmental Maryland Public Interest Research Group cisco; Port of Seattle; Port of Tacoma; Port- Network; Dean Transportation; Deere & (PIRG); Massachusetts Climate Action Net- land, CT Clean Energy Task Force; Portland- Company; Dell Transportation; Developing work; Massachusetts Port Authority; River Valley Garden Club; Prevention is the Communities Project; Diesel Technology Mattabeseck Audubon Society; McHenry Cure, Inc. (Huntington, NY); Progress Michi- Forum (DTF); Donaldson Company; Dor- Pressure Cleaning Systems; McLean Con- gan; R.I.C.H.T.E.R. Foundation; Rachel Car- chester Environmental Health Coalition tracting Company; Mecklenburg County, NC, son Institute; Rachel’s Friends Breast Can- (DEHC); Dousman Transport Company, Inc.; Board of County Commissioners; Merced cer Coalition; Regional Air Pollution Con- Duluth Seaway Port Authority; Durham County Farm Bureau; Metrolina Biofuels; trol Agency; Regional Environmental Coun- School Services LLC; E Global Solutions, Metropolitan Mayors Caucus Clean Air cil of Central Mass; Renewable Energy Long Inc. (EGS); Earth Day Coalition; Earth Counts Campaign. Island (RELI); Republicans for Environ- Force, Inc.; Earthjustice; East Michigan En- Michigan Citizen Action; Michigan Envi- mental Protection; Respiratory Health Asso- vironmental Action Council; Eaton Corpora- ronmental Council; Michigan Infrastructure ciation of Metropolitan Chicago; Retail In- tion; ECO-Action; Ecology Center. & Transportation Association; Michigan dustry Leaders Association; Rhode Island Ecumenical Ministry of Oregon; Edu- Interfaith Power and Light; Michigan Chapter—Interfaith Power and Light; Rhode cational Bus Transportation, Inc.; Emissions League of Conservation Voters; Middlesex Island Chapter of the Sierra Club; Rhode Is- Control Technology Association (ECTA); Clean Air Association; Mid-Ohio Regional land Committee on Occupational Safety and Emisstar LLC; EnergyCel; EnergyXtreme; Planning Commission (MORPC); Minnesota Health (RICOSH); Rhode Island Nurses Asso- Engine Control Systems Limited; Engine Center for Environmental Advocacy; Min- ciation; Rhode Island Society for Res- Manufacturers Association (EMA); Environ- nesota Clean Water Action Alliance; Min- piratory Care. ment Maryland; Environment North Caro- nesota School Bus Operators Association; Riteway Bus Service, Inc.; RJ Corman lina; Environment Northeast; Environment MIRATECH Corporation; Mississippi State Railroad Group; Robert Bosch LLC; Rolling Ohio; Environment Oregon; Environment Port Authority; Mobile Bay Audubon Soci- V Bus Corp.; Rush Truck Center—Abilene (TX); Rush Truck Center—Albuquerque Rhode Island; Environmental Advocates of ety; Montana Association of Churches; Mon- (NM); Rush Truck Center—Alice (TX); Rush New York; Environmental Defense Fund; En- tana Public Health Association; Mothers & Truck Center—Ardmore (OK); Rush Truck vironmental Health Fund; Environmental Others for Clean Air (GA); MTU Detroit Die- Center—Atlanta (GA); Rush Truck Center— Health Watch (OH); Environmental Justice sel Inc.; MV Student Transportation; Na- Austin (TX); Rush Truck Center—Chandler League of Rhode Island; Environmental Jus- tional Association for Pupil; Transportation (AZ); Rush Truck Center—Dallas (TX); Rush tice Partnership. (NAPT); National Association of Clean Air Truck Center—Denver (CO). Rush Truck Environmental Law and Policy Center; Agencies (NACAA); National Association of Center—El Centro (CA); Rush Truck Cen- Espar Heater Systems; Evangelical Diocese Counties; National Association of Manufac- ter—El Paso (TX); Rush Truck Center—Es- of the Northwest; Farmworker Association turers. condido (CA); Rush Truck Center—Flagstaff of Florida; First Student; FitzGerald Corp.; National Association of State Directors of (AZ); Rush Truck Center—Fontana (CA); Foss Maritime Company; Fowler Bus Com- Pupil Transportation Services; National As- Rush Truck Center—Fort Worth (TX); Rush pany, Inc.; Freight Wing Inc.; Fresno County sociation of Waterfront Employers (NAWE); Truck Center—Greeley (CO). Farm Bureau; Friends of the Earth; Friends National Ground Water Association; Na- Rush Truck Center—Haines City (FL); of the Moshassuck (RI); GA Women’s Actions tional School Transportation Association; Rush Truck Center—Houston (TX); Rush for New Directions; Georgia Mining Associa- Natural Resources Council of Maine; Natural Truck Center—Jacksonville (FL); Rush tion; Georgia Women’s Action for New Direc- Resources Defense Council (NRDC); Navistar, Truck Center—Laredo (TX); Rush Truck tions (GA WAND); Gladstein, Neandross & Inc.; NC Conservation Network; NC Pediatric Center—Las Cruces (NM); Rush Truck Cen- Associates; Gordon Trucking, Inc.; Great Society; NC WARN; Near Northwest Neigh- ter—Lufkin (TX); Rush Truck Center—Mo- Land Conservation Trust; Greater Four Cor- borhood Network; Neighborhood of Afford- bile (AL); Rush Truck Center—Nashville ners Action Coalition (GFCAC); Greater Lan- able Housing (NOAH); Neighborhood Plan- (TN); Rush Truck Center—Oklahoma City sing Area Clean Cities; Green Communities ning Unit H Health Committee; New Jersey (OK); Rush Truck Center—Orlando (FL); Coalition. Clean Cities Coalition; New Jersey Environ- Rush Truck Center—Pharr (TX); Rush Truck Green Cycle Group—Northeastern Illinois mental Federation (State Chapter of Clean Center—Phoenix (AZ); Rush Truck Center— University; Green Decade Cambridge; Green Water Action); New York Association for Pico Rivera (CA); Rush Truck Center—San Medford (Medford, MA); Green Sanctuary Pupil Transportation; New York Public In- Antonio (TX); Rush Truck Center—San Group; GreenLaw; Greenpeace; Groundwork terest Research Group (NYPIRG); NGK Auto- Diego (CA); Rush Truck Center—Sealy (TX); Lawrence; Groundwork Somerville; Group motive Ceramics USA, Inc.; Nine Mile Run Rush Truck Center—Sylmar (CA); Rush Against Smog and Pollution (Pittsburgh); Watershed Association; Nisei Farmers Truck Center—Tampa (FL); Rush Truck Cen- Growth Through Energy + Community League. ter—Texarkana (TX); Rush Truck Center— Health (GTECH); Health Resources in Ac- North Carolina State Ports Authority; Tucson (AZ); Rush Truck Center—Tulsa tion, Inc.; Healthy Chicago Lawn Coalition; Northeast Ohio Clean Fuels Program; North- (OK); Rush Truck Center—Tyler (TX); Rush Healthy Schools Campaign; Hendrickson Bus east States for Coordinated Air Use Manage- Truck Center—Waco (TX); Rush Truck Cen- Corporation; Hill District Consensus Group; ment (NESCAUM); Northwest Environ- ter—Winter Garden (FL); Rypos, Inc.. Howard Brown Health Center; Huntington mental Defense Center; Nose Cone Mfg. Co.; Sacramento Metropolitan Air Quality Breast Cancer Action Coalition; Huntington Nuestras Raices; NxtGen Emission Controls Management District; San Joaquin Farm Bu- Coach Corporation; Idle Free Systems Inc.; USA Inc.; NY Student Xpress; Ocean State reau Federation; San Joaquin Valley Air Illinois Association of School Nurses. Action (RI); Ohio Contractors Association; Pollution Control District; San Luis Obispo Illinois Environmental Council; Illinois Ohio Environmental Council; Ohio League of County Air Pollution Control District; Santa Maternal and Child Health Coalition; Illinois Conservation Voters; Ohio Network for the Barbara County Air Pollution Control Dis- Public Health Association; Illinois Public In- Chemically Injured; One Less Car; Oregon trict; School Bus, Inc.; Science and Environ- terest Research Group (PIRG); Illinois Department of Environmental Quality; Or- mental Health Network; SD Johnston Engi- School Transportation Association; Imperial egon Environmental Council; Oregon Inter- neering Consultants; Service Employees Valley Vegetable Growers Association; In- faith Power and Light; Oregon Physicians International Union Local 23 BJ; Pittsburgh; land Power Group (Butler, WI); Institute for for Social Responsibility; Oregon Toxics Al- Shadowood Technology Inc; Shorepower Local Self-Reliance; InterMotive, Inc.; Inter- liance; Oregon Trucking Associations; Pace Technologies; Sierra Club—Allegheny Group; religious Eco-Justice Network (Connecti- Energy and Climate Center; Pacific Mer- Sierra Club, Atlantic Chapter; Somerville cut’s Interfaith Power and Light); Jaco chant Shipping Association; Pacific North- Climate Action; South Carolina Coastal Con- Transportation, Inc.; James Ginda, MA, west Waterways Association (PNWA); Par- servation League; South Carolina State RRT, AE–C, CHES; John Engen, Mayor—Mis- allel Housing, Inc. Ports Authority; South Coast Air Quality soula, Montana; Johnson Matthey, Inc.; Kern Pennsylvania Council of Churches; Management District; South Shore Clean County Farm Bureau; Kings County Farm Petermann LTD; Physicians for Social Re- Cities, Inc. (Northern Indiana); Southern Al- Bureau; Kobussen Buses Ltd.; Krapf Bus sponsibility—Sacramento; Physicians for So- liance for Clean Energy; Southern Environ- Companies; KyotoUSA; Lawrence Mayor’s cial Responsibility—Tampa Bay; Pierce mental Law Center. Health Task Force; Leadership Council of Coach Line, Inc.; Pilsen Environmental Southwest Detroit—South Dearborn Envi- the Congregation of the Sisters, Servants of Rights & Reform Organization; Pioneer Val- ronmental; Collaborative; Southwest Detroit the Immaculate Heart of Mary; Leonardo ley AFL–CIO; Pioneer Valley Asthma Coali- Clean Diesel Collaborative; Southwest De- Academy Inc.; Liqtech NA; LivableStreets tion; Pitt County Memorial Hospital—Pedi- troit Community Benefits Coalition; South- Alliance. atric Asthma Program; Pittsburgh Interfaith west Detroit Environmental Vision; Spokane

VerDate Mar 15 2010 04:47 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\A21DE7.013 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 21, 2010 CONGRESSIONAL RECORD — HOUSE H8797 Regional Clean Air Agency; Stanislaus Coun- vote on it up or down. It is a travesty As the country transitions to a clean energy ty Farm Bureau; Starcrest Consulting to do things in this way, and I hope economy, I am sure that we all can agree that Group, LLC; State of Wisconsin Office of En- things will change for the better in the it is only fitting that all jurisdictions under the ergy Independence; Sunrise Bus Company; next Congress. U.S. flag are able to take part in national and Sunrise Southwest, LLC; Sunrise Transpor- Ms. MATSUI. Madam Speaker, I rise today tation; Sustainable Conservation; Sustain- state diesel emissions reduction grant and able Energy Alliance of Long Island; Sus- in support of legislation that I introduced, loan programs. Though the Energy Policy Act tainable Englewood Initiatives; Sustainable along with Congresswoman RICHARDSON, of 2005 has achieved much in ensuring that Pittsburgh; Tacoma Rail; Tampa Port Au- which would reauthorize the Diesel Emissions states qualify for grant and loan programs, thority; Tenneco, Inc.; Tennessee Citizens Reduction Act, DERA, to fund the moderniza- geared towards reducing diesel emissions—to- for Wilderness Planning. tion of diesel engines through retrofits. day’s reauthorization of the DERA will go a Tennessee Environmental Council; Ten- Countless studies have shown that diesel long way to ensure that all U.S. citizens are nessee Interfaith Power and Light; The Con- emissions are one of the most significant struction Institute; The TransGroup, LLC; able to tap into the resources necessary to re- health risks to Americans. More specifically, lieve the burdens associated with the combus- Thomas Built Buses, Inc.; Toxics Informa- the Environmental Protection Agency, EPA, tion Project; Triangle Clean Cities Coalition; tion of dirty fossil fuels. Truck Manufacturers Association; Tulare has linked these emissions to premature Reducing emissions from diesel engines is County Farm Bureau; Umicore Autocat USA death, aggravation of symptoms associated one of the most important air quality chal- Inc.; Union County Environmental Health with asthma, and numerous other health im- lenges facing the U.S. and its territories. (NC); Union of Concerned Scientists; United pacts every year. Though it is undeniable that diesel engines Food and Commercial Workers Union Local To address this problem, in 2005, Congress have proven to be an invaluable resource over 23; United Motorcoach Association; United enacted the Diesel Emissions Reduction Act, the years, it is high time that we reevaluate States Chamber of Commerce; University of which established a five-year voluntary na- our over dependence on this fuel source—and Maryland for Clean Energy; Utah Clean Cit- tional and state-level grant and loan program ies Coalition; Village of Oak Park, Illinois; look towards more sustainable alternatives. to reduce diesel emissions, protect public As we are all aware, these engines emit Virginia Port Authority; Vision Transpor- health, and help states meet air quality stand- tation Services, Inc.; Voices for Earth Jus- large amounts of nitrogen oxides, particulate tice; Volvo Group North America. ards of the Clean Air Act. matter and air toxins, resulting in serious pub- Wake County Asthma Coalition; Wash- Retrofitting diesel engines provides enor- lic health concerns. ington State Department of Ecology; West- mous environmental benefits, yet before this Much of our heavy machinery and school ern MA Jobs with Justice; Western Massa- program was implemented, there were few di- buses are operated by diesel engines that do chusetts Coalition for Occupational Safety rect economic incentives for vehicle and not meet EPA’s clean diesel standards. Exten- and Health; Western N.C. Physicians for So- equipment owners to do so. The financial in- sion of the diesel emission reduction provi- cial Responsibility; Western States Petro- centives provided by DERA support voluntary sions will not only help to further current com- leum Association; Western United Dairymen; rather than regulatory efforts to assist states WI. Engine Manufacturers & Distributors Al- mitments to reduce air pollution but will make meet current air quality standards. Reauthor- great strides in protecting our communities’ liance; WIH Resource Group; Wisconsin ization of this critical program, which cleans up Clean Cities—Southeast Area, Inc.; Women health and that of future generations. Inclusion more than 14,000 diesel-powered vehicles and for a Healthy Environment; Women’s Voices of all the territories in the DERA reauthoriza- equipment annually, would strengthen our on- for the Earth; Yakima Regional Clean Air tion would provide our jurisdictions with the going efforts to reduce pollution, create addi- Agency; Yancey Power Systems; Zeeland opportunity to access currently unavailable re- Public Schools. tional demand for clean diesel technology, and sources necessary to retrofit existing equip- employ thousands of workers who manufac- Mr. BURGESS. I yield myself such ment and implement new emissions control ture, sell or repair diesel vehicles and their time as I may consume. technologies. components. Madam Speaker, I would only point At this time I would applaud the authors of It is for these reasons that the DERA pro- out, certainly I have no objection to this bill and thank Chairman WAXMAN and En- gram, which averages more than $13 in health working. In fact, in my prior life as a ergy and Commerce Committee staff for their physician I worked many Christmases, and economic benefits for every $1 invested according to the EPA, needs to be reauthor- leadership in ensuring that the territories are many New Years, many Fourth of included in this important bill. I would also like Julys, Mothers Days, and Veterans ized. I would be remiss if I did not recognize Sen- to recognize the CNMI, Guam, American Days. But the fact is here we are at the ators VOINOVICH and CARPER for authoring the Samoa and Puerto Rico delegations for their 11th hour, probably on the next to the DERA reauthorization program in the Senate, tireless efforts on this issue as well. last day before this Congress dies a and to commend them for their outstanding Mr. MARKEY of Massachusetts. Madam merciful death, and here we are passing leadership on this important issue. Their legis- Speaker, I rise in support of the Diesel Emis- legislation that, in fact, we have not lation served as the counterpart to the meas- sion Reduction Act of 2010. This bill would re- had a hearing on in our committee. We ure we introduced in the House of Represent- authorize the extremely successful Diesel have not had a markup on this legisla- atives. Emission Reduction Act, known as ‘‘DERA’’, tion in our committee. H.R. 5089, which was unanimously ap- enacted as part of the Energy Policy Act of Several of us in the room right now proved by the other chamber, has garnered 2005 and administered by the Environmental are members of the Energy and Com- the support of a broad coalition of more than Protection Agency. Since its creation the merce Committee. I argue passionately 530 environmental, public health, industry and DERA program has provided Federal grants during our committee hearings and labor stakeholders. and loans to support more than 3,000 projects markups that it is probably the com- In closing, I urge my colleagues to join me to retrofit diesel engines to reduce pollution. mittee with the most expertise in the in improving America’s air quality by upgrading The emissions reductions achieved by DERA whole United States Congress, and yet and modernizing older diesel engines by vot- have resulted in over $600 million in public we didn’t have a hearing to ask the ing in favor of H.R. 5089. health benefits so far. The program has pro- simple question: Okay. We passed this Mrs. CHRISTENSEN. Madam Speaker, I vided over $13 in health and economic bene- legislation as part of the Energy and rise in support of S. 3973, the reauthorization fits for every $1 spent on retrofits, and has Policy Act in August of 2005 when it of the Diesel Emissions Reduction Act, a suc- created or sustained nearly 9,000 jobs since was signed into law by then President cessful program that I strongly believe will Fiscal Year 2008. Bush. How has it done? How has it make a major difference in lowering energy The legislation now before us would reau- worked out? Has it performed as re- costs for consumers in all territories. thorize the DERA program through Fiscal Year quested? I am pleased that the program includes enti- 2016 and would make a number of important I can’t argue the fact that this isn’t ties in the smaller territories, American improvements. Notably it would allow EPA to a good proposal. I voted for it in 2005. I Samoa, Guam, the Commonwealth of the establish a rebate program, alongside the ex- suspect it is a good proposal. But Northern Mariana Islands (CNMI), and the isting grant and loan program. It would also wouldn’t it have been great to have a U.S. Virgin Islands for the first time. allow private entities under contract with a hearing, to have a markup? But, in- While we are not at the level that we need, non-profit or government to apply directly for stead, we bring this bill to the floor at we pledge to fight for better inclusion in the fu- funding, instead of limiting the program to gov- the 11th hour right before this Congress ture and do recognize that this is an important ernment entities. These improvements will is to adjourn, thankfully, for the last first step for the territories, which rely consid- help this program to continue to clean our air time, and Members are expected to erably on fossil fuels, including diesel. and protect public health from diesel pollution.

VerDate Mar 15 2010 04:47 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00011 Fmt 4634 Sfmt 9920 E:\CR\FM\A21DE7.017 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8798 CONGRESSIONAL RECORD — HOUSE December 21, 2010 This is a bipartisan bill championed by Sen- SECTION 1. SHORT TITLE. process that we have fairness—fairness ators CARPER and VOINOVICH and deserves This Act may be cited as the ‘‘Defense both to the law and fairness to the our support. I urge a ‘‘yes’’ vote. Level Playing Field Act’’. American workers, who are so success- Mr. JOHNSON of Georgia. Madam Speaker, SEC. 2. CONSIDERATION OF UNFAIR COMPETI- ful. And one of the bidders we hope to TIVE ADVANTAGE IN EVALUATION I rise in support of 5809, the Diesel Emissions OF OFFERS FOR KC–X AERIAL RE- be so successful with is the Boeing 767 Reduction Act. This legislation will reauthorize FUELING AIRCRAFT PROGRAM. platform, which will be fully capable of an important program that establishes a vol- (a) REQUIREMENT TO CONSIDER UNFAIR COM- continuing the tradition of American untary national and state-level grant and loan PETITIVE ADVANTAGE.—In awarding a con- provision of the very backbone of our program to reduce emissions from existing tract for the KC–X aerial refueling aircraft American fleet and providing our tank- diesel engines through clean diesel retrofits. program (or any successor to that program), ers. This reauthorization is particularly important the Secretary of Defense shall, in evaluating any offers submitted to the Department of I want to make four points about for the citizens of my home State of Georgia Defense in response to a solicitation for of- what this bill will do. Basically, what who face the 15th highest risk of premature fers for such program, consider any unfair this bill will do is require the Defense death due to diesel soot, when compared to competitive advantage that an offeror may Department to take into consideration the lower 48 states. According to the Clean Air possess. any unfair competitive advantage of Task Force, diesel soot in Atlanta leads to 335 (b) REPORT.—Not later than 60 days after any of the bidders in this contract. premature deaths, over 14 thousand asthma submission of offers in response to any such What basically this bill will do is re- attacks, and over 250 cases of chronic bron- solicitation, the Secretary of Defense shall quire that the Pentagon take into con- submit to the congressional defense commit- chitis. The cancer risk of breathing diesel soot tees a report on any unfair competitive ad- sideration any unfair competitive ad- in Atlanta is 442 times the EPA’s acceptable vantage that any offeror may possess. vantage enjoyed by either of the bid- cancer level of 1 in a million. These figures (c) REQUIREMENT TO TAKE FINDINGS INTO ders, Boeing or the Airbus consortium, are appalling and unacceptable. ACCOUNT IN AWARD OF CONTRACT.—In award- and that is defined as costs of develop- The Diesel Emissions Reduction Act has ing a contract for the KC–X aerial refueling ment, production, or manufacturing supported the cleanup of diesel engines aircraft program (or any successor to that that are not fully borne by the offeror throughout Georgia and every state in the program), the Secretary of Defense shall of any such contract. union. Passage of this bill will improve health take into account the findings of the report Obviously, what gave rise to this outcomes and save on health care costs submitted under subsection (b). (d) UNFAIR COMPETITIVE ADVANTAGE.—In amendment was the fact that we have across the country and that is why I urge my this section, the term ‘‘unfair competitive found that there were over $5 billion of colleagues to vote yes. advantage’’, with respect to an offer for a illegal, unfair competitive advantage b 1040 contract, means a situation in which the that has been enjoyed by one of the cost of development, production, or manu- contractors, the Airbus consortium. Mr. BURGESS. As the gentleman facturing is not fully borne by the offeror for But I want to make four points about knows, I can talk on this until my time such contract. what our bill does. Number one, our has expired, but in the interest of com- The SPEAKER pro tempore. Pursu- bill basically says that we need a fair ity and the spirit of the season and ant to the rule, the gentleman from competition. We are happy to compete peace on Earth, good will toward men, Washington (Mr. INSLEE) and the gen- as Americans. We love competition. I will yield back the balance of my tleman from Kansas (Mr. MORAN) each We’re happy to compete, but we need time. will control 20 minutes. to do it on a level playing field. And Mr. WAXMAN. Notwithstanding the The Chair recognizes the gentleman this bill is very fair because it says fact the gentleman yielded back his from Washington. that any unfair competitive advantage time, I want to now use the remainder GENERAL LEAVE of either of the bidders needs to be of mine, but I won’t, even though I Mr. INSLEE. Madam Speaker, I ask taken into consideration in this bill. could, but in the interest of comity and unanimous consent that all Members We love competition, but it needs to be good will, I won’t complain, I won’t go have 5 legislative days within which to fair. on, I will simply yield back my time revise and extend their remarks on the Second, this bill is fair to both sides, and urge Members to support this bill under consideration. Boeing and Airbus, America and Eu- worthwhile piece of legislation, which The SPEAKER pro tempore. Is there rope, because it requires an unfair com- is now being, hopefully, passed for the objection to the request of the gen- petitive advantage from either bidder second time. tleman from Washington? to be taken into consideration. And it The SPEAKER pro tempore. The There was no objection. is WTO-compliant. We were careful to question is on the motion offered by Mr. INSLEE. Madam Speaker, I yield draft the bill with that in mind. the gentleman from California (Mr. myself such time as I may consume. Third, this is an enormous contract, WAXMAN) that the House suspend the We have another great bipartisan and there have been enormous unfair rules and concur in the Senate amend- success today, at the closing day of our competitive advantages bestowed on ments to the bill, H.R. 5809. Congress, and I want to thank Rep- The question was taken; and (two- one of the bidders—frankly, Airbus. resentatives LARSEN, BLUNT, TIAHRT, thirds being in the affirmative) the The $5 billion of illegal subsidies that MORAN, and MCDERMOTT for bringing rules were suspended and the Senate we have found come out to somewhere this bipartisan bill to the floor. This amendments were concurred in. between 27 and $5 million an airplane. bill is the Defense Level Playing Field A motion to reconsider was laid on This is an extraordinarily unfair ad- Act, which will incorporate in stand- the table. vantage that one of the bidders has alone legislation an amendment we been given, and we need to take that f adopted with huge bipartisan support into consideration. DEFENSE LEVEL PLAYING FIELD previously by a vote of 410–8 on the de- Fourth, the job importance of this ACT fense authorization bill. issue cannot be overstated. It is esti- Mr. INSLEE. Madam Speaker, I move This bill is very important to bring a mated that 62,000 jobs could hang in to suspend the rules and pass the bill level of fairness and competitiveness the balance if we allow these illegal (H.R. 6540) to require the Secretary of from a job creation perspective to the subsidies not to be remedied in this Defense, in awarding a contract for the tanker contract, which is now one of procurement contract. American work- KC–X Aerial Refueling Aircraft Pro- the largest procurement contracts in ers have built the best airplanes. gram, to consider any unfair competi- American history, a $35 billion con- They’re ready to do it. And we’re not tive advantage that an offeror may tract providing for 179, and ultimately going to allow tens of thousands of jobs possess. 400, aerial refueling planes, which will to be lost based on illegal subsidization The Clerk read the title of the bill. replace the Eisenhower-era tankers, by our friends in Europe. The text of the bill is as follows: which is so critical to our Nation’s Now we have standalone legislation. H.R. 6540 skeleton and backbone of our Nation’s We look forward to giving the Senate Be it enacted by the Senate and House of Rep- defense. every opportunity to act on this. resentatives of the United States of America in I note the basic thrust of this bill is With that, I reserve the balance of Congress assembled, to make sure that in our procurement my time.

VerDate Mar 15 2010 04:47 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\A21DE7.006 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 21, 2010 CONGRESSIONAL RECORD — HOUSE H8799 Mr. MORAN of Kansas. Madam from the Pentagon, this tanker con- jobs in Europe. With unemployment Speaker, I yield myself such time as I tract is expected to be awarded. Again, where it is today, this should be a no- may consume. I don’t think anyone can understate brainer. I rise to support the legislation intro- the impact over the decades that final In fact, since the last time this issue duced by the gentleman from Wash- outcome will have on the U.S. econ- was brought to the floor, the WTO ington, and I appreciate his expla- omy, particularly our aerospace indus- made a final ruling in the trade case nation for what this legislation does. I trial base. brought by our government against the am here to encourage my colleagues European Union. It ruled that billions b 1050 both in the House and the Senate to of dollars in illegal European Govern- support this legislation to level the As has been mentioned by prior ment ‘‘launch aid’’ subsidies have been playing field in the Air Force tanker speakers, the first tranche of contracts used by Airbus to develop every air- competition. This is an unending story, will be about $35 billion. In total, it is craft it has built. More than $5 billion presumably. It has gone on for a long estimated to be about $100 billion just of these subsidies made it possible for time. But at this stage in the process, in manufacturing. Given the age of the Airbus to launch the A330 it is offering we need to make certain that there is existing tanker planes, the mainte- for the tanker. fairness. We need fairness for our work- nance and repair work is probably an- We need to ensure a fair, open, and ers, fairness for American companies, other $100 billion if you look over the transparent tanker competition. Our and fairness for the American tax- lifetime of this plane’s existence. companies and our workers can com- payer. So, for the American industrial base, pete against any in the world when Earlier this year, the World Trade the decision which the Pentagon is on there is a level playing field. I urge my Organization found that European gov- the verge of announcing will have an colleagues to support this legislation ernments are guilty of providing nearly impact decades hence, and it is ex- ensuring that the Pentagon takes into $6 billion in illegal subsidies to Airbus tremely important for the American account these illegal Airbus subsidies. to develop aircraft. These subsidies can taxpayers that they be given total as- We need to provide the best tanker for put our American workers at a dis- surance that this decision is going to the Air Force, and we must not send advantage in the world marketplace. be made fairly and with the best inter- these critical defense manufacturing Tens of thousands of U.S. aerospace ests of our country at heart. jobs overseas. jobs have already been lost overseas; If you would just step back and look Mr. MORAN of Kansas. Madam the Department of Defense, we risk job at other weapons procurement pro- Speaker, once again, I reserve the balance of my time. loss in the $35 billion tanker competi- grams, whether it is nuclear sub- Mr. INSLEE. I yield 2 minutes to the tion with these subsidies. In Wichita, marines, aircraft carriers, the Joint gentlewoman from Texas (Ms. JACKSON Kansas, alone, where the finishing cen- Strike Fighter, the notion that those contracts, that those weapons plat- LEE). ter for the new Boeing tanker will take Ms. JACKSON LEE of Texas. I thank place, the tanker contract could mean forms would be awarded to foreign manufacturers that receive subsidies the distinguished gentleman. 7,500 jobs. Madam Speaker, I join my colleagues from their governments would be just Common sense today tells us that by admitting that competition is good, laughable; but for some reason, in this when we are so desperate for employ- and I rise in support of competition. ment in the United States, we need to instance, the Department of Defense Yet I also recognize as a member of make certain that the competition we has just turned a blind eye to the obvi- the Manufacturing Caucus that Ameri- are engaged in is based upon fairness. ous unfairness which this bid process cans are ready and clamoring to build, But even with the WTO decision, the has produced. and they want to produce and create. Department of Defense has ignored the So, again, what this very simple As they do that with their sophisti- facts. The Pentagon must not be work- measure seeks to do is to put a big red cated technology, they create jobs. So ing against millions of Americans who warning flag up to the Pentagon to say, I believe it is unfair that when there is are looking for work, nor should our when this decision is made, for the a competition that our companies, in own government ask American tax- sake of the American taxpayers, sub- fact in our own country at the Pen- payers to foot the bill for a European sidies that have been found to be ille- tagon, are competing against those economic stimulus. gal will be taken into account in the companies that are subsidized. The Defense Level Playing Field Act final decision. So I rise in support of this legisla- tells the Pentagon it can no longer I urge strong support for this meas- tion, H.R. 6540, which does not in any close its eyes to the unfair European ure. way hamper the ability of the Pen- subsidies. This bill says that the tank- Mr. MORAN of Kansas. I continue to tagon to do its work, but indicates that er bidding process must be conducted reserve the balance of my time. we can build the KC-X Aerial Refueling fairly. Its intent is to require the DOD Mr. INSLEE. Madam Speaker, I yield Aircraft Program by a company that to take into account the price impact 2 minutes to the gentlewoman from we have, in this instance Boeing, of of illegal European subsidies. It makes Connecticut (Ms. DELAURO). which I am very familiar, having sure that there is a level playing field Ms. DELAURO. I thank the gen- worked extensively with it in the so that no bidder, whether it’s foreign tleman from Washington. NASA Human Space Exploration Pro- or domestic, has an unfair competitive I rise in support of this bipartisan gram. advantage. legislation that will protect American Let us build again. Let us manufac- American aerospace workers are jobs and ensure competitive fairness in ture again. Yes, we will create jobs, but ready to support our men and women the contract bid for the next aerial re- we will create and reinforce the genius in uniform with the best tanker, and fueling tanker. of our young people who are being they must be given a fair opportunity Madam Speaker, in May, the House trained and of those scientists who to do so. Please join me in standing up voted overwhelmingly, 410–8, on a simi- have created topnotch technology. for the American worker and for the lar amendment to the defense author- To be on the front lines, men and U.S. taxpayer by voting favorably for ization bill to require the Pentagon to women who are in the United States the Defense Level Playing Field Act. take into account the illegal subsidies military need the best equipment to be I reserve the balance of my time. that have distorted this competition able to create jobs and bring manufac- Mr. INSLEE. Madam Speaker, I yield from day one. turing back in this country. We need to 2 minutes to my friend and colleague, The choice for the next-generation have the competitiveness and an even the gentleman from Connecticut (Mr. tanker contract is clear. We can give playing field. No subsidies. Boeing can COURTNEY). the contract to an American company, do it. We need to have the Pentagon Mr. COURTNEY. I want to congratu- Boeing, and support an estimated recognize that America is back in the late Mr. INSLEE and his leadership on 50,000-plus good, high-skilled jobs saddle again. We are building quality this measure. across this country, or we can give the products, and we need to be able to Madam Speaker, in a few short contract to a European company, Air- build the KC-X Aerial Refueling Air- weeks, according to the latest news bus, thus creating tens of thousands of craft.

VerDate Mar 15 2010 04:47 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K21DE7.018 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8800 CONGRESSIONAL RECORD — HOUSE December 21, 2010 Mr. MORAN of Kansas. I continue to parently this bill was brought up on interest is shone on the Senate that reserve the balance of my time, Madam the floor at the last minute and with- they will act on this as well on behalf Speaker. out anybody’s knowledge. I don’t know of America. Mr. INSLEE. Madam Speaker, I want if it has been discussed, but I sit on the Madam Speaker, I would reserve my to put in a good word for my comrade Armed Services Committee, and I time unless the gentleman has no fur- in arms, TODD TIAHRT. He isn’t with us would like to ask my friend from Kan- ther speakers. right at the moment, but he did great sas, if I may, Madam Speaker, Has the Mr. MORAN of Kansas. I thank the work on this—he has had a great ca- professional staff on the Armed Serv- gentleman from Washington for his reer—as well as Mr. LARSEN. ices Committee at all given their comments today and look forward to A couple of closing comments. thoughts on the implication of this this bill’s passage. I encourage my col- I come from a Boeing family. My un- bill? leagues to vote for it. cle’s cousins have worked with Boeing I can answer the question. I shouldn’t I, too, would like to recognize the products from the 707, to the 737, to the have thrown it to you. The answer is work of my colleague from Kansas (Mr. 727, to the 747. Now they hope to work ‘‘no.’’ TIAHRT) in his efforts on this topic over on the 767 tanker product. So this is a The answer is ‘‘no’’ because it hasn’t a long period of time and appreciate his hometown team issue for me, but it is gone through regular order. This bill is leadership on behalf of the people of an international issue as to whether or not going through regular order. It is Kansas on this and many other issues. not we are going to have rules when we amazing to me that we are bringing Mr. HARPER. Madam Speaker, I was un- compete with our friends across the something forward today, as you have able to participate during floor debate regard- pond, and we are happy to compete no been saying already, that has great im- ing H.R. 6540, The Defense Level Playing matter what team we are on. This sim- plications to the national security of Field Act of 2010. I would like to place my ply insists that America will follow the this country. The Armed Services Com- statement into the RECORD: rules in a fair competition. It is the mittee and the requisite subcommit- It is now four days before Christmas and the right thing to do. tees have not had an opportunity to Air Force is nearing completion of its evalua- So, in that regard, Madam Speaker, I talk about this particular piece of leg- tion of multiple offers to replace our aging will note that sometimes Congress re- islation. tanker aircraft. We are in the ninth year of this serves the best in its legislation and effort to award a contract to replace the Air b 1100 the best in its speakers pro tem for the Force’s existing tanker aircraft that have an last, and I think that this is the best in We heard that this may come up last average age of 50 years in service. I would re- both ways. week. It didn’t come up last week. Un- mind my colleagues that we have airmen and I continue to reserve the balance of fortunately, some of the Members who airwomen of our Air Force risking their lives my time. are very involved in this contracting Mr. MORAN of Kansas. Madam every day to perform the refueling mission issue had no idea this was coming to Speaker, I appreciate very much the across the globe in aircraft that were built and the floor today. I speak on their behalf. comments that have been made today delivered when Dwight Eisenhower was Presi- Some of those very Members are on on the House floor. dent of the United States. Economically, there is no more im- airplanes flying to Washington, trying Why are we considering this legislation at portant issue in the State of Kansas to come up here to be able to debate this time? Do we dare take action on legisla- than the success or at least the oppor- this particular piece of legislation. tion, four days before Christmas, without prop- But, again, it’s business as usual for tunity to have success in this contract er Committee review, that will delay replace- this House and in the waning days of bidding process. It has been a long time ment of these aircraft? Are we being respon- the 111th Congress that we would bring that we have been waiting, and I hope sible to the men and women in uniform by by- pieces of legislation forward that im- the gentleman who spoke earlier who passing completely the House Armed Services pact Members all across this country, indicated that we are on the verge of a Committee? Are we, by considering adoption yet not give them the opportunity to decision is accurate. This would be a of this bill, creating a precedent for Congres- come to the floor in a timely fashion great development, not only for the sional interference in an ongoing competition? and express their views. people of our State but for the people I would ask my colleagues—has anyone I would urge my colleagues to vote of our country if we learn that there asked the Secretary of Defense if this legisla- against this particular piece of legisla- are jobs to be created and that there is tion is needed? Has anyone asked Secretary tion. a manufacturing base to be further de- Gates or the Chief of Staff of the Air Force Mr. MORAN of Kansas. I thank the veloped in the United States. how long it would further delay this contract I very much appreciate the gen- gentleman for his comments. award in the event it became law? tleman from Washington’s indication I would point out to the House that This House should not be here today, con- that this bill is about a level playing an amendment to the defense author- sidering legislation of this kind without proper field. It is not about awarding the con- ization bill of a similar nature passed review and without full knowledge of its im- tract. It is about giving fairness to the the House of Representatives by a vote pact. The men and women serving in uniform, bidding process. of 408–10. flying 50-year old aircraft, deserve better than I hope that we have the opportunity, I would let the gentleman from to have this House—at the last stages of this if the Senate will also pass this legisla- Washington know that I have no other competition—undertake an action which will tion again on the verge of a decision, to speakers and am prepared to close. further delay this contract moving forward. once again remind the Department of I reserve the balance of my time. Mr. MILLER of Florida. Madam Speaker, it Defense of their responsibility to the Mr. INSLEE. I just wanted to address is now four days before Christmas, and the will, not only of Congress for a level Mr. MILLER’s concern, wanted to advise United States Air Force is nearing completion playing, but to the rightness of this him that we have been in discussions of its evaluation of multiple offers for replace- cause, to the sense of fairness, for the for the last several days with the cur- ment tanker aircraft. We are now in the ninth right of justice, and for building the rent minority staff on the committee, year of effort to award a contract for the re- opportunity of job creation in this who have all been well-advised about placement of tanker aircraft that have an aver- country, not only today but tomorrow our intention to bring this in one way age age of 50 years in service. I would like to as well. or another, either by UC or suspension, remind my colleagues that the men and With that, Madam Speaker, I yield to the floor, and we’ve appreciated women of our Air Force are risking their lives such time as he may consume to the their cooperation in doing that. every day to perform the refueling mission gentleman from Florida (Mr. MILLER). I also want to advise Mr. MILLER that across the globe in aircraft that were built and (Mr. MILLER of Florida asked and this is exactly the same language we delivered when Ike Eisenhower was President was given permission to revise and ex- did vote for, including the gentleman of the United States! tend his remarks.) from Florida, in its previous incarna- How dare we take action, in the waning Mr. MILLER of Florida. I thank the tion in the Defense authorization bill. I days of this Congress, without proper com- gentleman for yielding. hope that I can say this is a fairly non- mittee review, that will delay replacement of Madam Speaker, I apologize to the controversial issue in the House, and these aircraft? The men and women serving in House for being out of breath, but ap- we hope that when the light of public uniform, flying 50-year old aircraft, deserve

VerDate Mar 15 2010 04:47 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00014 Fmt 4634 Sfmt 9920 E:\CR\FM\K21DE7.020 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 21, 2010 CONGRESSIONAL RECORD — HOUSE H8801 better than to have this House—acting on be- ‘‘(1) require that criminal background ‘‘(2) SEXUAL PREDATOR.—The term ‘sexual half of one company, during the last stages of checks be conducted for school employees predator’ means a person 18 years of age or this competition—undertake an action, which that include— older who has been convicted of, or pled will further delay this contract from moving for- ‘‘(A) a search of the State criminal reg- guilty to, a sexual offense against a minor.’’. istry or repository in the State in which the ward. SEC. 3. CONFORMING AMENDMENT. school employee resides and each State in Section 2 of the Elementary and Secondary I would ask my colleagues—has anyone which such school employee previously re- asked the Secretary of Defense if this legisla- Education Act of 1965 is amended by adding sided; after the item relating to section 9536 the tion is needed? Has anyone asked Secretary ‘‘(B) a search of State-based child abuse following: Gates or General Schwartz how long it would and neglect registries and databases in the ‘‘Sec. 9537. Background checks.’’. further delay this contract award in the event State in which the school employee resides it becomes law? Are we, by considering adop- and each State in which such school em- The SPEAKER pro tempore. Pursu- tion of this bill, creating a precedent for Con- ployee previously resided; ant to the rule, the gentleman from gressional interference in an ongoing competi- ‘‘(C) a search of the National Crime Infor- California (Mr. GEORGE MILLER) and tion? It is absurd bringing this bill to the House mation Center of the Department of Justice; the gentlewoman from Illinois (Mrs. ‘‘(D) a Federal Bureau of Investigation fin- BIGGERT) each will control 20 minutes. floor while the impact of this legislation has yet gerprint check using the Integrated Auto- to be reviewed and weighed. The Chair recognizes the gentleman mated Fingerprint Identification System; from California. This House should not be here today, con- and sidering legislation of this kind without proper ‘‘(E) a search of the National Sex Offender GENERAL LEAVE review and without full knowledge of its im- Registry established under section 19 of the Mr. GEORGE MILLER of California. pact. We certainly should not do so simply be- Adam Walsh Child Protection and Safety Act Madam Speaker, I request 5 legislative cause one company—based in Washington of 2006 (42 U.S.C. 16919); days during which Members may revise State—thinks that they need to change the ‘‘(2) prohibit the employment of school em- and extend and insert extraneous mate- ployees for a position as a school employee if evaluation metrics at the last minute. If they rial on H.R. 6547 into the RECORD. have no airplane flying that can compete fairly, such individual— ‘‘(A) refuses to consent to the criminal The SPEAKER pro tempore. Is there they should conduct their business better— background check described in paragraph (1); objection to the request of the gen- and this House should refrain from interfering ‘‘(B) makes a false statement in connection tleman from California? in an ongoing competition. I urge my col- with such criminal background check; There was no objection. leagues to vote ‘‘no’’ on this amendment. ‘‘(C) has been convicted of a felony con- Mr. GEORGE MILLER of California. MR. MORAN of Kansas. I yield back sisting of— I yield myself such time as I may con- the balance of my time ‘‘(i) homicide; sume. Mr. INSLEE. I yield back the balance ‘‘(ii) child abuse or neglect; Madam Speaker, I rise today on be- ‘‘(iii) a crime against children, including of my time. half of all children in our country. I The SPEAKER pro tempore. The child pornography; ‘‘(iv) spousal abuse; rise for all parents who send their chil- question is on the motion offered by dren to school with the understanding the gentleman from Washington (Mr. ‘‘(v) a crime involving rape or sexual assault; that their children will be safe. INSLEE) that the House suspend the ‘‘(vi) kidnapping; Last week, the Committee on Edu- rules and pass the bill, H.R. 6540. ‘‘(vii) arson; or cation and Labor released a disturbing, The question was taken. ‘‘(viii) physical assault, battery, or a drug- outrageous report from the Govern- The SPEAKER pro tempore. In the related offense, committed within the past 5 opinion of the Chair, two-thirds being ment Accountability Office high- years; or lighting cases where convicted sexual in the affirmative, the ayes have it. ‘‘(D) has been convicted of any other crime Mr. MILLER of Florida. Madam that is a violent or sexual crime against a offenders were working at schools. In Speaker, on that I demand the yeas minor; 11 of the 15 cases, sexual offenders who and nays. ‘‘(3) require that a local educational agen- were hired or retained by schools had The yeas and nays were ordered. cy or State educational agency that receives previously targeted children, and in six The SPEAKER pro tempore. Pursu- information from a criminal background of those cases, the sex offenders used ant to clause 8 of rule XX and the check conducted under this section that an their job to target and abuse more chil- Chair’s prior announcement, further individual who has applied for employment dren, and this is unacceptable. with such agency as a school employee is a This report is frightening insight proceedings on this motion will be sexual predator report to local law enforce- postponed. ment that such individual has so applied; into what happens when rules aren’t f ‘‘(4) require that the criminal background followed or simply aren’t in place. It showed that in many cases comprehen- PROTECTING STUDENTS FROM checks described in paragraph (1) be periodically repeated; and sive background checks could have eas- SEXUAL AND VIOLENT PREDA- ‘‘(5) provide for a timely process by which ily prevented these crimes from occur- TORS ACT a school employee may appeal the results of ring. It also showed that some school Mr. GEORGE MILLER of California. a criminal background check conducted districts knowingly passed on a poten- Madam Speaker, I move to suspend the under this section to challenge the accuracy tial predator to another school district, or completeness of the information produced rules and pass the bill (H.R. 6547) to allowing the offender to resign instead amend the Elementary and Secondary by such background check and seek appropriate relief for any final employment deci- of reporting him or her. It is out- Education Act of 1965 to require crimi- sion based on materially inaccurate or in- rageous that a sexual or violent pred- nal background checks for school em- complete information produced by such ator of children can be passed from ployees. background check, but that does not permit school to school. The Clerk read the title of the bill. the school employee to be employed as a The Government Accountability Of- The text of the bill is as follows: school employee during such process. fice found that school systems either H.R. 6547 ‘‘(b) DEFINITIONS.—In this section: did not have complete information or, Be it enacted by the Senate and House of Rep- ‘‘(1) SCHOOL EMPLOYEE.—The term ‘school perhaps worse, chose to ignore the resentatives of the United States of America in employee’ means— problem or to make it worse by pro- Congress assembled, ‘‘(A) an employee of, or a person seeking SECTION 1. SHORT TITLE. employment with, a local educational agen- viding positive recommendations about This Act may be cited at the ‘‘Protecting cy or State educational agency, and who has the employee, knowing that they had Students from Sexual and Violent Predators a job duty that results in exposure to stu- abused children in their care. In many Act’’. dents; or places, the current system of ensuring SEC. 2. BACKGROUND CHECKS. ‘‘(B) an employee of, or a person seeking our students’ safety is broken. It has Subpart 2 of part E of title IX of the Ele- employment with, a for-profit or nonprofit huge gaps that are allowing our chil- mentary and Secondary Education Act of entity, or local public agency, that has a dren to be vulnerable to sexual preda- 1965 (20 U.S.C. 7901 et seq.) is amended by contract or agreement to provide services tors. adding at the end the following: with a school, local educational agency, or Madam Speaker, this Congress can do ‘‘SEC. 9537. BACKGROUND CHECKS. State educational agency, and whose job ‘‘(a) BACKGROUND CHECKS.—Each State duty— more to protect our children. The Pro- that receives funds under this Act shall have ‘‘(i) is to provide such services; and tecting Students from Sexual and Vio- in effect policies and procedures that— ‘‘(ii) results in exposure to students. lent Predators Act will help keep our

VerDate Mar 15 2010 07:12 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\A21DE7.069 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8802 CONGRESSIONAL RECORD — HOUSE December 21, 2010 children safe in school by requiring everything they can to ensure the safe- peal the results of a criminal background States to take commonsense steps. ty of children in their care. check to challenge the accuracy or complete- First, schools will be required to com- b 1110 ness of the information produced; and (2) prehensively conduct background seek appropriate relief for any final employ- checks for any employees using State In fact, Congress has already acted ment decision based on materially inaccurate criminal and child abuse registries and on this issue by ensuring schools have or incomplete information produced. H.R. 6547 the FBI’s fingerprint database. access to national background checks requires this appeals process, however, to Second, schools will be prohibited in the Safe Schools Act, which was deny the individual employment as a school from hiring or retaining anyone who signed into law as part of the Adam employee during the process. has been convicted of certain violent Walsh Child Protection and Safety Act What makes our Nation great is the belief crimes, including crimes against chil- of 2006. This was a bill that was worked that every child has the right to a quality ele- dren, crimes involving rape or sexual on in a bipartisan manner and passed mentary and secondary education. Children assault, and child pornography. by voice vote in both Chambers. truly represent the future of our country. They This bill will prevent more children Unfortunately, the majority has cho- are our living national treasures. Yet they are from being put in unsafe environments sen a different approach with the bill one of our populations that are least capable because the adults who are responsible before us today. Instead of holding of protecting themselves. So, it is our duty to for their well-being failed to do their hearings or scheduling a markup to do all we can to provide them with a safe jobs. thoroughly discuss and vet this issue, learning environment, free from the menacing A 2004 Department of Education re- they are rushing this bill to the floor threat of sexual and violent predators. This port estimated that millions of stu- for quick consideration at the end of legislation takes a positive step toward making dents are subjected to sexual mis- Congress. This is not the best way to safer school environments a reality by requir- conduct by school employees at some craft thoughtful legislation. But, de- ing background checks for school employees time between kindergarten and the spite our concerns about legislative and prohibiting employment of persons who 12th grade. Coupled with the findings of process, we all agree that our students refuse to submit to a criminal background last week’s GAO report, it is very clear must be protected from sexual preda- check. that this legislation is absolutely crit- tors in their schools. And, therefore, I I have always been a strong advocate of ical. Parents have a right to believe urge my colleagues to support this bill. protecting our children from sexual predators. that their children are safe in schools, Madam Speaker, I have no further re- I introduced similar legislation in H.R. 288, the and schools have an obligation to ful- quests for time, and I yield back the ‘‘Save Our Children: Stop the Predators fill that promise. balance of my time. Against Children DNA Act of 2009.’’ I believe This bill is only part of the solution, Mr. GEORGE MILLER of California. H.R. 6547, which we are privileged to consider but it is an important step forward. Madam Speaker, I would quickly say now will provide an important measure of pro- The GAO report sent shock waves that I would like to thank the gentle- tection for our children from the horrors of sex- through households across the country. lady from Illinois for her cooperation ual and violent predators that we hear about We owe it to parents and to the chil- on this. I know this isn’t the best proc- all too frequently in the news. Parents should dren and to the honorable school offi- ess, but at the end of the session, hav- be able to send their children to school in the cials who follow the rules to pass this ing the Government Accountability Of- morning and know that they will be safe. Chil- legislation. We also owe it to them to fice report land on our desk on our dren should be able to enjoy their time of in- send a strong message that people who watch, I felt it was important that we nocence and the wonderment of learning with- abuse children or do not do their jobs pass this legislation today to clearly out worrying that undue harm to come to them to keep children safe will face serious send a very strong message to school or their classmates. So, I ask my colleagues consequences. districts across the country that they to stand with me today and vote in favor of the I hope that the next Congress will be have to meet their responsibility to H.R. 6547, ‘‘Protecting Students from Sexual able to take an even more comprehen- keep our children safe during school and Violent Predators Act.’’ sive approach to protect children in hours. I urge my colleagues to support Mr. GEORGE MILLER of California. our schools, and I urge all of my col- this legislation. I yield back the balance of my time. leagues to support this legislation. Ms. JACKSON LEE of Texas. Madam The SPEAKER pro tempore. The I reserve the balance of my time. Speaker, I rise today in strong support of the question is on the motion offered by Mrs. BIGGERT. Madam Speaker, I H.R. 6547, ‘‘Protecting Students from Sexual the gentleman from California (Mr. yield myself such time as I may con- and Violent Predators Act.’’ The Protecting GEORGE MILLER) that the House sus- sume. Students from Sexual and Violent Predators pend the rules and pass the bill, H.R. I rise today to support H.R. 6547, a Act amends the Elementary and Secondary 6547. bill to require background checks for Education Act of 1965 to require each state The question was taken. all public school employees. H.R. 6547 receiving funds under that Act to have in effect The SPEAKER pro tempore. In the is designed to ensure States using Fed- policies and procedures that: (1) require crimi- opinion of the Chair, two-thirds being eral taxpayer resources to fund edu- nal background checks for school employees, in the affirmative, the ayes have it. cation are taking the necessary steps including searches of state criminal registries Mr. GEORGE MILLER of California. to ensure individuals with a history of or repositories, state-based child abuse and Madam Speaker, on that I demand the criminal behavior are not able to slip neglect registries and databases, the National yeas and nays. through the cracks and be placed in po- Crime Information Center of the Department of The yeas and nays were ordered. sitions of trust within our schools. Justice, the National Sex Offender Registry, The SPEAKER pro tempore. Pursu- The bill requires States to have poli- and the Integrated Automated Fingerprint ant to clause 8 of rule XX and the cies in place to conduct a check of the Identification System of the Federal Bureau of Chair’s prior announcement, further State criminal registry, a State-based Investigation (FBI); and (2) prohibit the em- proceedings on this motion will be registry of child abuse and neglect, the ployment of school employees who refuse to postponed. National Crime Information Center, an consent to a criminal background check, make f FBI fingerprint check, and a search of false statements in connection with one, or the National Sex Offender Registry on have been convicted of one of a list of felo- SECTION 202 SUPPORTIVE HOUSING all public school employees in order to nies. FOR THE ELDERLY ACT OF 2010 receive Federal funds under the Ele- H.R. 6547 requires local educational agen- Mr. LYNCH. Madam Speaker, I move mentary and Secondary Education Act. cies (LEAs) or state educational agencies to suspend the rules and pass the bill The State-based checks must also be (SEAs) to report to local law enforcement any (S. 118) to amend section 202 of the run for all States where an employee or applicants for school employment who are dis- Housing Act of 1959, to improve the prospective employee had previously covered to be sexual predators. This legisla- program under such section for sup- resided. tion requires periodic repetitions of such crimi- portive housing for the elderly, and for Every Member of this Chamber wants nal background checks. It further requires other purposes. to protect students from harm, and such states to provide for a timely process The Clerk read the title of the bill. there is no excuse for schools not doing under which school employees may: (1) ap- The text of the bill is as follows:

VerDate Mar 15 2010 05:35 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\K21DE7.023 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 21, 2010 CONGRESSIONAL RECORD — HOUSE H8803 S. 118 except that, in the case of a nonprofit orga- Act (42 U.S.C. 1437f note), as such section is Be it enacted by the Senate and House of Rep- nization that is the sponsoring organization carried out by the Secretary for properties resentatives of the United States of America in of multiple housing projects assisted under owned by eligible owners (as such term is de- Congress assembled, this section, the Secretary may determine fined in section 202(k) of the Housing Act of SECTION 1. SHORT TITLE AND TABLE OF CON- the criteria or conditions under which finan- 1959 (12 U.S.C. 1701q(k)); and’’; and TENTS. cial, compliance and other administrative (4) by adding at the end the following: (a) SHORT TITLE.—This Act may be cited as responsibilities exercised by a single-entity ‘‘(3) notwithstanding paragraph (2)(A), the the ‘‘Section 202 Supportive Housing for the private nonprofit organization that is the prepayment and refinancing authorized pur- Elderly Act of 2010’’. owner corporation responsible for the oper- suant to paragraph (2)(B) involves an in- (b) TABLE OF CONTENTS.—The table of con- ation of an individual housing project may crease in debt service only in the case of a tents for this Act is as follows: be shared or transferred to the governing refinancing of a project assisted with a loan board of such sponsoring organization; and under such section 202 carrying an interest Sec. 1. Short title and table of contents. ‘‘(iii) which is approved by the Secretary rate of 6 percent or lower.’’. TITLE I—NEW CONSTRUCTION REFORMS as to financial responsibility; and SEC. 202. USE OF UNEXPENDED AMOUNTS. Sec. 101. Selection criteria. ‘‘(B) a for-profit limited partnership the Subsection (c) of section 811 of the Amer- Sec. 102. Development cost limitations. sole general partner of which is— ican Homeownership and Economic Oppor- Sec. 103. Owner deposits. ‘‘(i) an organization meeting the require- tunity Act of 2000 (12 U.S.C. 1701q note) is Sec. 104. Definition of private nonprofit or- ments under subparagraph (A); amended— ganization. ‘‘(ii) a for-profit corporation wholly owned (1) by striking ‘‘USE OF UNEXPENDED Sec. 105. Nonmetropolitan allocation. and controlled by one or more organizations AMOUNTS.—’’ and inserting ‘‘USE OF PRO- TITLE II—REFINANCING meeting the requirements under subpara- CEEDS.—’’; Sec. 201. Approval of prepayment of debt. graph (A); or (2) by amending the matter preceding para- Sec. 202. Use of unexpended amounts. ‘‘(iii) a limited liability company wholly graph (1) to read as follows: ‘‘Upon execution Sec. 203. Use of project residual receipts. owned and controlled by one or more organi- of the refinancing for a project pursuant to Sec. 204. Additional provisions. zations meeting the requirements under sub- this section, the Secretary shall ensure that paragraph (A).’’. TITLE III—ASSISTED LIVING FACILITIES proceeds are used in a manner advantageous AND SERVICE-ENRICHED HOUSING SEC. 105. NONMETROPOLITAN ALLOCATION. to tenants of the project, or are used in the Paragraph (3) of section 202(l) of the Hous- provision of affordable rental housing and re- Sec. 301. Amendments to the grants for con- ing Act of 1959 (12 U.S.C. 1701q(l)(3)) is lated social services for elderly persons that version of elderly housing to as- amended by inserting after the period at the are tenants of the project or are tenants of sisted living facilities. end the following: ‘‘In complying with this other HUD-assisted senior housing by the Sec. 302. Monthly assistance payment under paragraph, the Secretary shall either operate private nonprofit organization project rental assistance. a national competition for the nonmetropoli- owner, private nonprofit organization TITLE IV—COMPLIANCE WITH tan funds or make allocations to regional of- project sponsor, or private nonprofit organi- STATUTORY PAY-AS-YOU-GO ACT OF 2010 fices of the Department of Housing and zation project developer, including—’’; Sec. 401. Budgetary effects. Urban Development.’’. (3) by amending paragraph (1) to read as TITLE I—NEW CONSTRUCTION REFORMS TITLE II—REFINANCING follows: ‘‘(1) not more than 15 percent of the cost of SEC. 101. SELECTION CRITERIA. SEC. 201. APPROVAL OF PREPAYMENT OF DEBT. increasing the availability or provision of Section 202(f)(1) of the Housing Act of 1959 Subsection (a) of section 811 of the Amer- ican Homeownership and Economic Oppor- supportive services, which may include the (12 U.S.C. 1701q(f)(1)) is amended— tunity Act of 2000 (12 U.S.C. 1701q note) is financing of service coordinators and con- (1) by redesignating subparagraphs (F) and amended— gregate services, except that upon the re- (G) as subparagraphs (G) and (H), respec- (1) in the matter preceding paragraph (1), quest of the non-profit owner, sponsor, or or- tively; and by inserting ‘‘, for which the Secretary’s ganization and determination of the Sec- (2) by inserting after subparagraph (E) the consent to prepayment is required,’’ after retary, such 15 percent limitation may be following new subparagraph: ‘‘Affordable Housing Act)’’; waived to ensure that the use of unexpended ‘‘(F) the extent to which the applicant has (2) in paragraph (1)— amounts better enables seniors to age in ensured that a service coordinator will be (A) by inserting ‘‘at least 20 years fol- place;’’; employed or otherwise retained for the hous- lowing’’ before ‘‘the maturity date’’; (4) in paragraph (2), by inserting before the ing, who has the managerial capacity and re- (B) by inserting ‘‘project-based’’ before semicolon the following; ‘‘, including reduc- sponsibility for carrying out the actions de- ‘‘rental assistance payments contract’’; ing the number of units by reconfiguring scribed in subparagraphs (A) and (B) of sub- (C) by inserting ‘‘project-based’’ before units that are functionally obsolete, unmar- section (g)(2);’’. ‘‘rental housing assistance programs’’; and ketable, or not economically viable’’; SEC. 102. DEVELOPMENT COST LIMITATIONS. (D) by inserting ‘‘, or any successor (5) in paragraph (3), by striking ‘‘or’’ at the Section 202(h)(1) of the Housing Act of 1959 project-based rental assistance program,’’ end; (12 U.S.C. 1701q(h)(1)) is amended, in the mat- after ‘‘1701s))’’; (6) in paragraph (4), by striking ‘‘according ter preceding subparagraph (A), by inserting (3) by amending paragraph (2) to read as to a pro rata allocation of shared savings re- ‘‘reasonable’’ before ‘‘development cost limi- follows: sulting from the refinancing.’’ and inserting tations’’. ‘‘(2) the prepayment may involve refi- a semicolon; and SEC. 103. OWNER DEPOSITS. nancing of the loan if such refinancing re- (7) by adding at the end the following new Section 202(j)(3)(A) of the Housing Act of sults in— paragraphs: 1959 (12 U.S.C. 1701q(j)(3)(A)) is amended by ‘‘(A) a lower interest rate on the principal ‘‘(5) rehabilitation of the project to ensure inserting after the period at the end the fol- of the loan for the project and in reductions long-term viability; and lowing: ‘‘Such amount shall be used only to in debt service related to such loan; or ‘‘(6) the payment to the project owner, cover operating deficits during the first 3 ‘‘(B) a transaction in which the project sponsor, or third party developer of a devel- years of operations and shall not be used to owner will address the physical needs of the oper’s fee in an amount not to exceed or du- cover construction shortfalls or inadequate project, but only if, as a result of the refi- plicate— initial project rental assistance amounts.’’. nancing— ‘‘(A) in the case of a project refinanced SEC. 104. DEFINITION OF PRIVATE NONPROFIT ‘‘(i) the rent charges for unassisted fami- through a State low income housing tax ORGANIZATION. lies residing in the project do not increase or credit program, the fee permitted by the low Section 202(k)(4) of the Housing Act of 1959 such families are provided rental assistance income housing tax credit program as cal- (12 U.S.C. 1701q(k)(4)) is amended to read as under a senior preservation rental assistance culated by the State program as a percent- follows: contract for the project pursuant to sub- age of acceptable development cost as de- ‘‘(4) The term ‘private nonprofit organiza- section (e); and fined by that State program; or tion’ means— ‘‘(ii) the overall cost for providing rental ‘‘(B) in the case of a project refinanced ‘‘(A) any incorporated private institution assistance under section 8 for the project (if through any other source of refinancing, 15 or foundation— any) is not increased, except, upon approval percent of the acceptable development cost. ‘‘(i) no part of the net earnings of which in- by the Secretary to— For purposes of paragraph (6)(B), the term ures to the benefit of any member, founder, ‘‘(I) mark-up-to-market contracts pursuant ‘acceptable development cost’ shall include, contributor, or individual; to section 524(a)(3) of the Multifamily As- as applicable, the cost of acquisition, reha- ‘‘(ii) which has a governing board— sisted Housing Reform and Affordability Act bilitation, loan prepayment, initial reserve ‘‘(I) the membership of which is selected in (42 U.S.C. 1437f note), as such section is car- deposits, and transaction costs.’’. a manner to assure that there is significant ried out by the Secretary for properties SEC. 203. USE OF PROJECT RESIDUAL RECEIPTS. representation of the views of the commu- owned by nonprofit organizations; or Paragraph (1) of section 811(d) of the Amer- nity in which such housing is located; and ‘‘(II) mark-up-to-budget contracts pursu- ican Homeownership and Economic Oppor- ‘‘(II) which is responsible for the operation ant to section 524(a)(4) of the Multifamily tunity Act of 2000 (12 U.S.C. 1701q note) is of the housing assisted under this section, Assisted Housing Reform and Affordability amended—

VerDate Mar 15 2010 05:35 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\A21DE7.008 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8804 CONGRESSIONAL RECORD — HOUSE December 21, 2010 (1) by striking ‘‘not more than 15 percent project rents, tenant contributions, or the (1) in paragraph (2)— of’’; and affordability restrictions for the project, and (A) by inserting ‘‘or service-enriched hous- (2) by inserting before the period at the end that the owner has responded to such coming’’ after ‘‘facilities’’; and the following: ‘‘or other purposes approved ments in writing. (B) by inserting ‘‘service-enriched hous- by the Secretary’’. ‘‘(i) DEFINITION OF PRIVATE NONPROFIT OR- ing’’ after ‘‘facility’’; SEC. 204. ADDITIONAL PROVISIONS. GANIZATION.—For purposes of this section, (2) in paragraph (5), by inserting ‘‘or serv- Section 811 of the American Homeowner- the term ‘private nonprofit organization’ has ice-enriched housing’’ after ‘‘facility’’; and ship and Economic Opportunity Act of 2000 the meaning given such term in section (3) in paragraph (6), by inserting ‘‘or serv- (12 U.S.C. 1701q note) is amended by adding 202(k) of the Housing Act of 1959 (12 U.S.C. ice-enriched housing’’ after ‘‘facility’’. at the end the following new subsections: 1701q(k)).’’. (f) AMENDMENTS TO SECTION 8 PROJECT- ‘‘(e) SENIOR PRESERVATION RENTAL ASSIST- TITLE III—ASSISTED LIVING FACILITIES BASED ASSISTANCE.—Section 202b(f) of the ANCE CONTRACTS.—Notwithstanding any AND SERVICE-ENRICHED HOUSING Housing Act of 1959 (12 U.S.C. 1701q–2(f)) is other provision of law, in connection with a amended— SEC. 301. AMENDMENTS TO THE GRANTS FOR (1) in paragraph (1), by inserting ‘‘or serv- prepayment plan for a project approved CONVERSION OF ELDERLY HOUSING under subsection (a) by the Secretary or as TO ASSISTED LIVING FACILITIES. ice-enriched housing’’ after ‘‘facilities’’ each time that term appears; and otherwise approved by the Secretary to pre- (a) TECHNICAL AMENDMENT.—The section vent displacement of elderly residents of the heading for section 202b of the Housing Act (2) in paragraph (2), by inserting ‘‘or serv- project in the case of refinancing or recapi- of 1959 (12 U.S.C. 1701q–2) is amended by in- ice-enriched housing’’ after ‘‘facility’’. (g) AMENDMENTS TO DEFINITIONS.—Section talization and to further preservation and af- serting ‘‘and other purposes’’ after ‘‘assisted liv- 202b(g) of the Housing Act of 1959 (12 U.S.C. fordability of such project, the Secretary ing facilities’’. 1701q–2(g)) is amended to read as follows: shall provide project-based rental assistance (b) EXTENSION OF GRANT AUTHORITY.—Sec- ‘‘(g) DEFINITIONS.—For purposes of this sec- for the project under a senior preservation tion 202b(a)(2) of the Housing Act of 1959 (12 tion— rental assistance contract, as follows: U.S.C. 1701q–2(a)(2)) is amended— ‘‘(1) the term ‘assisted living facility’ has ‘‘(1) Assistance under the contract shall be ONVERSION.—Activi- (1) by striking ‘‘(2) C the meaning given such term in section made available to the private nonprofit orga- ties’’ and inserting the following: 232(b) of the National Housing Act (1715w(b)); nization owner— ‘‘(2) CONVERSION.— ‘‘(2) the term ‘service-enriched housing’ ‘‘(A) for a term of at least 20 years, subject ‘‘(A) ASSISTED LIVING FACILITIES.—Activi- means housing that— to annual appropriations; and ties’’; and ‘‘(A) makes available through licensed or ‘‘(B) under the same rules governing (2) by adding at the end the following: certified third party service providers sup- project-based rental assistance made avail- ‘‘(B) SERVICE-ENRICHED HOUSING.—Activi- portive services to assist the residents in able under section 8 of the Housing Act of ties designed to convert dwelling units in the carrying out activities of daily living, such 1937 or under the rules of such assistance as eligible project to service-enriched housing as bathing, dressing, eating, getting in and may be made available for the project. for elderly persons.’’. out of bed or chairs, walking, going out- ‘‘(2) Any projects for which a senior preser- (c) AMENDMENT TO APPLICATION PROCESS.— doors, using the toilet, laundry, home man- vation rental assistance contract is provided Section 202b(c)(1) of the Housing Act of 1959 agement, preparing meals, shopping for per- shall be subject to a use agreement to ensure (12 U.S.C. 1701q–2(c)(1)) is amended by insert- sonal items, obtaining and taking medica- continued project affordability having a ing ‘‘for either an assisted living facility or tion, managing money, using the telephone, term of the longer of (A) the term of the sen- service-enriched housing’’ after ‘‘activities’’. or performing light or heavy housework, and ior preservation rental assistance contract, (d) REQUIREMENTS FOR SERVICES.—Section which may make available to residents home or (B) such term as is required by the new fi- 202b(d) of the Housing Act of 1959 (12 U.S.C. health care services, such as nursing and nancing. 1701q–2(d)) is amended to read as follows: therapy; ‘‘(f) SUBORDINATION OR ASSUMPTION OF EX- ‘‘(d) REQUIREMENTS FOR SERVICES.— ‘‘(B) includes the position of service coor- ISTING DEBT.—In lieu of prepayment under ‘‘(1) SUFFICIENT EVIDENCE OF FIRM FUNDING dinator, which may be funded as an oper- this section of the indebtedness with respect COMMITMENTS.—The Secretary may not make ating expense of the property; ; to a project, the Secretary may approve— a grant under this section for conversion ac- ‘‘(C) provides separate dwelling units for ‘‘(1) in connection with new financing for tivities unless an application for a grant sub- residents, each of which contains a full the project, the subordination of the loan for mitted pursuant to subsection (c) contains kitchen and bathroom and which includes the project under section 202 of the Housing sufficient evidence, in the determination of common rooms and other facilities appro- Act of 1959 (as in effect before the enactment the Secretary, of firm commitments for the priate for the provision of supportive serv- of the Cranston-Gonzalez National Afford- funding of services to be provided in the as- ices to the residents of the housing; and able Housing Act) and the continued subordi- sisted living facility or service-enriched ‘‘(D) provides residents with control over nation of any other existing subordinate housing, which may be provided by third par- health care and supportive services deci- debt previously approved by the Secretary to ties. sions, including the right to accept, decline, facilitate preservation of the project as af- ‘‘(2) REQUIRED EVIDENCE.—The Secretary or choose such services, and to have the fordable housing; or shall require evidence that each recipient of choice of provider; and ‘‘(2) the assumption (which may include a grant for service-enriched housing under ‘‘(3) the definitions in section 1701(q)(k) of the subordination described in paragraph (1)) this section provides relevant and timely this title shall apply.’’. of the loan for the project under such section disclosure of information to residents or po- 202 in connection with the transfer of the tential residents of such housing relating SEC. 302. MONTHLY ASSISTANCE PAYMENT UNDER RENTAL ASSISTANCE. project with such a loan to a private non- to— Clause (iii) of section 8(o)(18)(B) of the profit organization. ‘‘(A) the services that will be available at United States Housing Act of 1937 (42 U.S.C. LEXIBLE SUBSIDY DEBT.—The Sec- ‘‘(g) F the property to each resident, including— 1437f(o)(18)(B)(iii)) is amended by inserting retary shall waive the requirement that debt ‘‘(i) the right to accept, decline, or choose before the period at the end the following: ‘‘, for a project pursuant to the flexible subsidy such services and to have the choice of pro- except that a family may be required at the program under section 201 of the Housing vider; time the family initially receives such as- and Community Development Amendments ‘‘(ii) the services made available by or con- sistance to pay rent in an amount exceeding of 1978 (12 U.S.C. 1715z–1a) be prepaid in contracted through the grantee; 40 percent of the monthly adjusted income of nection with a prepayment, refinancing, or ‘‘(iii) the identity of, and relevant informa- the family by such an amount or percentage transfer under this section of a project if the tion for, all agencies or organizations pro- that is reasonable given the services and financial transaction or refinancing cannot viding any services to residents, which agen- amenities provided and as the Secretary be completed without the waiver. cies or organizations shall provide informa- deems appropriate.’’. ‘‘(h) TENANT INVOLVEMENT IN PREPAYMENT tion regarding all procedures and require- AND REFINANCING.—The Secretary shall not ments to obtain services, any charges or TITLE IV—COMPLIANCE WITH accept an offer to prepay the loan for any rates for the services, and the rights and re- STATUTORY PAY-AS-YOU-GO ACT OF 2010 project under section 202 of the Housing Act sponsibilities of the residents related to SEC. 401. BUDGETARY EFFECTS. of 1959 unless the Secretary— those services; The budgetary effects of this Act, for the ‘‘(1) has determined that the owner of the ‘‘(B) the availability, identity, contact in- purpose of complying with the Statutory project has notified the tenants of the own- formation, and role of the service coordi- Pay-As-You-Go-Act of 2010, shall be deter- er’s request for approval of a prepayment; nator; and mined by reference to the latest statement and ‘‘(C) such other information as the Sec- titled ‘‘Budgetary Effects of PAYGO Legisla- ‘‘(2) has determined that the owner of the retary determines to be appropriate to en- tion’’ for this Act, submitted for printing in project has provided the tenants with an op- sure that residents are adequately informed the Congressional Record by the Chairman of portunity to comment on the owner’s re- of the services options available to promote the Senate Budget Committee, provided that quest for approval of a prepayment, includ- resident independence and quality of life.’’. such statement has been submitted prior to ing on the description of any anticipated re- (e) AMENDMENTS TO SELECTION CRITERIA.— the vote on passage. habilitation or other use of the proceeds Section 202b(e) of the Housing Act of 1959 (12 The SPEAKER pro tempore. Pursu- from the transaction, and its impacts on U.S.C. 1701q–2(e)) is amended— ant to the rule, the gentleman from

VerDate Mar 15 2010 05:35 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\A21DE7.008 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 21, 2010 CONGRESSIONAL RECORD — HOUSE H8805 Massachusetts (Mr. LYNCH) and the I reserve the balance of my time. Mr. LYNCH. Madam Speaker, I yield gentlewoman from West Virginia (Mrs. Mrs. CAPITO. Madam Speaker, I 3 minutes to the gentlewoman from CAPITO) each will control 20 minutes. yield myself such time as I may con- Texas (Ms. JACKSON LEE). The Chair recognizes the gentleman sume. Ms. JACKSON LEE of Texas. Madam from Massachusetts. I rise in support of S. 118, the Section Speaker, I want to thank my good GENERAL LEAVE 202 Supportive Housing for the Elderly friend from Massachusetts for his lead- Mr. LYNCH. Madam Speaker, I ask Act of 2009. As my colleague has said, ership and his co-manager on the floor unanimous consent that all Members the bill reforms the section 202 elderly for her insightfulness on this legisla- may have 5 legislative days within housing program making it more effi- tion and, as well, to Senator KOHL. which to revise and extend their re- cient and more effective and better I rise in support of S. 118 because so marks and add extraneous material. able to meet the housing needs of our many of us have these very questions The SPEAKER pro tempore. Is there elderly. S. 118 is similar to H.R. 2930 being raised in our district, particu- objection to the request of the gen- that passed the House in the 110th Con- larly with populations of seniors in- tleman from Massachusetts? gress by voice vote. creasing. My district happens to have There was no objection. Affordable housing with supportive one of the highest percentages of senior Mr. LYNCH. Madam Speaker, I yield services is a key component for seniors constituents, and all of them seem to myself such time as I may consume. who want to stay in their own home be looking for housing. Madam Speaker, I rise in strong sup- and age in place. The section 202 Hous- b 1120 port of the Section 202 Supportive ing for the Elderly program is the pri- I support the underlying initiative, Housing for the Elderly Act of 2010. I mary HUD program that provides hous- would like to start by thanking Chair- section 202 housing. I have a number of ing exclusively for low-income elderly those units in my congressional dis- man FRANK and Senator HERB KOHL for households. The section 202 program their efforts on this bill and their dedi- trict. But one of the points that I want- has been a very important tool in ad- ed to highlight is the fact that many of cation to America’s seniors. This legis- dressing these housing needs by pro- lation simply brings HUD’s section 202 these facilities are falling in disrepair. viding capital advance grants to non- Even though there are some new facili- program, part of our Nation’s safety profit housing sponsors to build new el- net for the low-income elderly for near- ties—and by my rising to the floor of derly housing facilities and project the House, I would like to encourage ly 50 years, into the 21st century. rental assistance contracts to subsidize Supportive housing of the type fund- my constituents and all those who are very low-income elderly citizens of listening about how important it is to ed by section 202 is an effective and these facilities. cost-efficient program for low-income institute section 202 proposals or Many nonprofit sponsors are faith- elderly. Section 202 grants combine projects. They are enormously impor- based organizations with an exclusive high-quality, affordable housing with tant, and I think it is important that mission to serve the elderly. As a con- service coordinators who connect ten- the provision that encourages the utili- dition of receiving a capital advance, ants with health, income support, and zation of State and local housing fi- which does not have to be repaid, a other community-based services. This nancing agencies is an asset. nonprofit sponsor must make housing produces positive outcomes for the One of the most important parts of available for a period no less than 40 health and quality of life of elderly this legislation is for the nonprofits years. As a result of these efforts, the tenants. who engage in 202 to be engaged or Section 202’s housing plus services section 202 program currently supplies share more in the refinancing of these model extends how long seniors can 320,000 units of housing for our very projects. The Heights House in my dis- live independently. This turns out to low-income elderly citizens. trict, for example, is one that has a be cost effective as well, given the al- I am very pleased to see that the lan- very vibrant population of residents ternatives of nursing home care cou- guage that I worked on in the 110th who are there, but I know that all who pled with frequent hospitalizations. Congress remains in the bill. My provi- are involved would like to see that However, it is clear that HUD needs to sion would help resolve a problem that property improved and those resources streamline administration of this pro- nonmetro States, like my home State used to ensure that upkeep is contin- gram to reflect a new financing reality. of West Virginia, have experienced ued. In many instances, the owners or The section 202 program was origi- when attempting to qualify for funds nonprofits will say that the return on nally designed to be a one-stop shop for through the section 202 program. It is the property is not enough to keep it nonprofits to cover their entire project important to recognize, of course, that at its highest level. costs—that is capital, operating, and the need for housing for the very low- Although we appreciate these prop- supportive services. Due to funding income elderly extends to nonmetro erties and we appreciate the idea of constraints, HUD’s 202 grants no longer areas. The very low-income elderly of these seniors having a place to live, I do so, especially in high-cost areas like rural West Virginia deserve the same think that this particular legislation my home State of Massachusetts. This resources that are available to the el- will reinforce section 202 and add to the requires nonprofit sponsors to access derly living in larger cities. 320,000 units already there. Our senior other sources of financing such as low- Participants and developers of the population is growing. Many of them income housing tax credits. section 202 program maintain that the have resources, but many do not. And I The bill before us today addresses current regulation and HUD adminis- think the 202 project under HUD is an these concerns while taking into ac- tration of the program can be time- important concept to provide more count HUD’s legitimate interest in consuming and bureaucratic. S. 118 will housing for our seniors. They deserve, maintaining oversight of its substan- improve the section 202 elderly housing after working and contributing to this tial investment in section 202 projects. program by streamlining and simpli- great country, the opportunity to live Senate 118 requires HUD to take advan- fying the development and preserva- a very good quality of life. tage of State and local housing finance tion of HUD’s section 202 properties, With that, I ask my colleagues to agencies’ better positioning to process and by increasing participation by not- support this legislation, and I thank mixed finance applications. It also en- for-profit developers, private lenders, the gentleman for yielding. ables nonprofit sponsors to share more investors, and State and local funding Mrs. CAPITO. Madam Speaker, I fully in the proceeds of refinancing op- agencies. yield such time as she may consume to portunities that are now available in Madam Speaker, the need for afford- the gentlewoman from Illinois (Mrs. the private sector that some older 202 able rental housing in America has an BIGGERT), a housing advocate and the projects have, so those sponsors can effect on renters of all ages, especially upcoming chair of the new sub- make needed improvements to existing our seniors, and this bill will help ease committee. projects and develop desperately need- some of the affordability problems for Mrs. BIGGERT. I thank the gentle- ed additional senior housing. our senior population. I urge my col- lady for yielding. For all of these reasons, I urge my leagues to support this bill. Madam Speaker, I rise today as the colleagues to vote ‘‘yes’’ on S. 118. I reserve the balance of my time. Republican cosponsor of the House

VerDate Mar 15 2010 05:35 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\K21DE7.026 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8806 CONGRESSIONAL RECORD — HOUSE December 21, 2010 version of this legislation, H.R. 2930, rules were suspended and the bill was administering entities to facilitate using which was first introduced during the passed. vouchers to provide permanent supportive 110th Congress, and I urge my col- A motion to reconsider was laid on housing for persons with disabilities, help leagues to support today’s bill, Senate the table. States reduce reliance on segregated restrictive settings for people with disabilities to 118, the Section 202 Supportive Housing f meet community care requirements, end for the Elderly Act. I would also like to FRANK MELVILLE SUPPORTIVE chronic homelessness, as ‘‘chronically home- thank Chairman FRANK and Ranking less’’ is defined in section 401 of the McKin- Members BACHUS and CAPITO for their HOUSING INVESTMENT ACT OF 2010 ney-Vento Homeless Assistance Act (42 work on this legislation. I would also Mr. MURPHY of Connecticut. Madam U.S.C. 11361), and for other related purposes. like to thank our Senate counterpart, Speaker, I move to suspend the rules SEC. 3. MODERNIZED CAPITAL ADVANCE PRO- Senator KOHL of Wisconsin. and pass the bill (S. 1481) to amend sec- GRAM. Madam Speaker, the section 202 pro- tion 811 of the Cranston-Gonzalez Na- (a) PROJECT RENTAL ASSISTANCE CON- gram is the only Federal housing pro- tional Affordable Housing Act to im- TRACTS.—Section 811 is amended— gram that directs housing assistance to prove the program under such section (1) in subsection (d)(2)— (A) by inserting ‘‘(A) INITIAL PROJECT RENT- low-income seniors. And it has already for supportive housing for persons with AL ASSISTANCE CONTRACT.—’’ after ‘‘PROJECT been stressed, but it can’t be stressed disabilities. RENTAL ASSISTANCE.—’’; enough, that it has not been reformed The Clerk read the title of the bill. (B) in the first sentence, by inserting after in over a decade and a half. The re- The text of the bill is as follows: ‘‘shall’’ the following: ‘‘comply with sub- forms offered in today’s bill will help S. 1481 section (e)(2) and shall’’; (C) by striking ‘‘annual contract amount’’ increase the number of units available Be it enacted by the Senate and House of Rep- each place such term appears and inserting to our seniors, a population that is in- resentatives of the United States of America in ‘‘amount provided under the contract for creasing greatly in numbers as the Congress assembled, each year covered by the contract’’; and baby boomer generation retires. SECTION 1. SHORT TITLE; REFERENCES. (D) by adding at the end the following new In short, the bill will allow a variety (a) SHORT TITLE.—This Act may be cited as subparagraph: of funding sources to be pooled to- the ‘‘Frank Melville Supportive Housing In- ‘‘(B) RENEWAL OF AND INCREASES IN CON- gether with section 202 funding to fund vestment Act of 2010’’. TRACT AMOUNTS.— housing for seniors. By increasing pro- (b) REFERENCES.—Except as otherwise ex- ‘‘(i) EXPIRATION OF CONTRACT TERM.—Upon gram efficiencies, the bill will make it pressly provided, wherever in this Act an the expiration of each contract term, subject easier for section 202 projects to be re- amendment or repeal is expressed in terms of to the availability of amounts made avail- an amendment to, or repeal of, section 811 or financed and rehabilitated. It will also able in appropriation Acts, the Secretary any other provision of section 811, the ref- shall adjust the annual contract amount to make it easier for owners to convert erence shall be considered to be made to sec- provide for reasonable project costs, includ- properties into those that provide both tion 811 of the Cranston-Gonzalez National ing adequate reserves and service coordina- housing and services for the low-in- Affordable Housing Act (42 U.S.C. 8013). tors as appropriate, except that any contract come seniors. SEC. 2. TENANT-BASED RENTAL ASSISTANCE. amounts not used by a project during a con- Again, I would like to thank my col- (a) RENEWAL THROUGH SECTION 8.—Section tract term shall not be available for such ad- leagues for their work on this legisla- 811(d)(4) is amended to read as follows: justments upon renewal. tion. And I would also like especially ‘‘(4) TENANT-BASED RENTAL ASSISTANCE.— ‘‘(ii) EMERGENCY SITUATIONS.—In the event to thank my constituent Mike Frigo, ‘‘(A) IN GENERAL.—Tenant-based rental as- of emergency situations that are outside the the vice president of Mayslake, which sistance provided under subsection (b)(1) control of the owner, the Secretary shall in- shall be provided under section 8(o) of the crease the annual contract amount, subject is located in my district, who testified United States Housing Act of 1937 (42 U.S.C. to reasonable review and limitations as the in support of section 202 reform legisla- 1437f(o)). Secretary shall provide.’’. tion in September 2007. In December ‘‘(B) CONVERSION OF EXISTING ASSISTANCE.— (2) in subsection (e)(2)— 2007, by voice vote, the House passed There is authorized to be appropriated for (A) in the first sentence, by inserting be- H.R. 2930, which is similar to the bill tenant-based rental assistance under section fore the period at the end the following: ‘‘, under consideration today. So I would 8(o) of the United States Housing Act of 1937 except that, in the case of the sponsor of a urge my colleagues to support the bill. (42 U.S.C. 1437f(o)) for persons with disabil- project assisted with any low-income hous- Mr. LYNCH. Madam Speaker, I have ities an amount not less than the amount ing tax credit pursuant to section 42 of the necessary to convert the number of author- Internal Revenue Code of 1986 or with any no further requests for time on this ized vouchers and funding under an annual tax-exempt housing bonds, the contract shall side on this issue, but I do want to take contributions contract in effect on the date have an initial term of not less than 360 an opportunity to thank Mrs. BIGGERT, of enactment of the Frank Melville Sup- months and shall provide funding for a term the gentlelady from Illinois, and Mrs. portive Housing Investment Act of 2010. Such of 60 months’’; and CAPITO, the gentlelady from West Vir- converted vouchers may be administered by (B) by striking ‘‘extend any expiring con- ginia, for their great work on this bill. the entity administering the vouchers prior tract’’ and insert ‘‘upon expiration of a con- I have—and I’m sure we all have—a to conversion. For purposes of administering tract (or any renewed contract), renew such number of section 202 developments in such converted vouchers, such entities shall contract’’. our districts. I have plenty, and they be considered a ‘public housing agency’ au- (b) PROGRAM REQUIREMENTS.—Section 811 thorized to engage in the operation of ten- is amended— serve our low-income seniors ex- ant-based assistance under section 8 of the (1) in subsection (e)— tremely well and it really is a program United States Housing Act of 1937. (A) by striking the subsection heading and that does improve the quality of life ‘‘(C) REQUIREMENTS UPON TURNOVER.—The inserting the following: ‘‘PROGRAM REQUIRE- for a lot of our seniors. So I thank the Secretary shall develop and issue, to public MENTS’’; gentleladies for their cooperation. housing agencies that receive voucher assist- (B) by striking paragraph (1) and inserting I reserve the balance of my time. ance made available under this subsection the following new paragraph: Mrs. CAPITO. Madam Speaker, I and to public housing agencies that received ‘‘(1) USE RESTRICTIONS.— have no further requests for time. I voucher assistance under section 8(o) of the ‘‘(A) TERM.—Any project for which a cap- want to thank the gentleman from United States Housing Act of 1937 (42 U.S.C. ital advance is provided under subsection 1437f(o)) for non-elderly disabled families (d)(1) shall be operated for not less than 40 Massachusetts for his good hard work, pursuant to appropriation Acts for fiscal years as supportive housing for persons with and I encourage my colleagues to sup- years 1997 through 2002 or any other subse- disabilities, in accordance with the applica- port the bill. quent appropriations for incremental vouch- tion for the project approved by the Sec- I yield back the balance of my time. ers for non-elderly disabled families, guid- retary and shall, during such period, be made Mr. LYNCH. Madam Speaker, I yield ance to ensure that, to the maximum extent available for occupancy only by very low-in- back the balance of my time. possible, such vouchers continue to be pro- come persons with disabilities. The SPEAKER pro tempore. The vided upon turnover to qualified persons ‘‘(B) CONVERSION.—If the owner of a project question is on the motion offered by with disabilities or to qualified non-elderly requests the use of the project for the direct the gentleman from Massachusetts disabled families, respectively.’’. benefit of very low-income persons with dis- (b) PROVISION OF TECHNICAL ASSISTANCE.— abilities and, pursuant to such request the (Mr. LYNCH) that the House suspend The Secretary is authorized to the extent Secretary determines that a project is no the rules and pass the bill, S. 118. amounts are made available in future appro- longer needed for use as supportive housing The question was taken; and (two- priations Acts, to provide technical assist- for persons with disabilities, the Secretary thirds being in the affirmative) the ance to public housing agencies and other may approve the request and authorize the

VerDate Mar 15 2010 05:35 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\K21DE7.027 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 21, 2010 CONGRESSIONAL RECORD — HOUSE H8807 owner to convert the project to such use.’’; ‘‘(D) An agency to which review and proc- ‘‘(ii) by providing the tenant, not less than and essing is delegated pursuant to subparagraph 30 days before such termination or refusal to (C) by adding at the end the following new (A) may assess a reasonable fee which shall renew, with written notice specifying the paragraphs: be included in the capital advance amounts grounds for such action. ‘‘(3) LIMITATION ON USE OF FUNDS.—No as- and may recommend project rental assist- ‘‘(C) VOLUNTARY PARTICIPATION IN SERV- sistance received under this section (or any ance amounts in excess of those initially ICES.—A supportive service plan for housing State or local government funds used to sup- awarded by the Secretary. The Secretary assisted under this section shall permit each plement such assistance) may be used to re- shall develop a schedule for reasonable fees resident to take responsibility for choosing place other State or local funds previously under this subparagraph to be paid to dele- and acquiring their own services, to receive used, or designated for use, to assist persons gated processing agencies, which shall take any supportive services made available di- with disabilities. into consideration any other fees to be paid rectly or indirectly by the owner of such ‘‘(4) MULTIFAMILY PROJECTS.— to the agency for other funding provided to housing, or to not receive any supportive ‘‘(A) LIMITATION.—Except as provided in the project by the agency, including bonds, services.’’. subparagraph (B), of the total number of tax credits, and other gap funding. (f) DEVELOPMENT COST LIMITATIONS.—Sub- dwelling units in any multifamily housing ‘‘(E) Under such delegated system, the Sec- section (h) of section 811 is amended— project (including any condominium or coop- retary shall retain the authority to approve (1) in paragraph (1)— erative housing project) containing any unit rents and development costs and to execute (A) by striking the paragraph heading and for which assistance is provided from a cap- a capital advance within 60 days of receipt of inserting ‘‘GROUP HOMES’’; ital grant under subsection (d)(1) made after the commitment from the State or local (B) in the first sentence, by striking ‘‘var- the date of the enactment of the Frank Mel- agency. The Secretary shall provide to such ious types and sizes’’ and inserting ‘‘group ville Supportive Housing Investment Act of agency and the project sponsor, in writing, homes’’; 2010, the aggregate number that are used for the reasons for any reduction in capital ad- (C) by striking subparagraph (E); and persons with disabilities, including sup- vance amounts or project rental assistance (D) by redesignating subparagraphs (F) and portive housing for persons with disabilities, and such reductions shall be subject to ap- (G) as subparagraphs (E) and (F), respec- or to which any occupancy preference for peal.’’. tively; persons with disabilities applies, may not ex- (2) in paragraph (3), by inserting ‘‘estab- (d) LEVERAGING OTHER RESOURCES.—Para- lished pursuant to paragraph (1)’’ after ‘‘cost ceed 25 percent of such total. graph (1) of section 811(g) (as so designated limitation’’; and ‘‘(B) EXCEPTION.—Subparagraph (A) shall by subsection (c)(1) of this section) is amend- not apply in the case of any project that is (3) by adding at the end the following new ed by inserting after subparagraph (E) (as so a group home or independent living facil- paragraph: redesignated by subsection (c)(2) of this sec- ity.’’; and ‘‘(6) APPLICABILITY OF HOME PROGRAM COST tion) the following new subparagraph: (2) in subsection (l), by striking paragraph LIMITATIONS.— ‘‘(F) the extent to which the per-unit cost (4). ‘‘(A) IN GENERAL.—The provisions of sec- of units to be assisted under this section will (c) DELEGATED PROCESSING.—Subsection (g) tion 212(e) of the Cranston-Gonzalez National of section 811 (42 U.S.C. 8013(g)) is amended— be supplemented with resources from other Affordable Housing Act (42 U.S.C. 12742(e)) public and private sources;’’. (1) by striking ‘‘SELECTION CRITERIA.—’’ and the cost limits established by the Sec- and inserting ‘‘SELECTION CRITERIA AND (e) TENANT PROTECTIONS AND ELIGIBILITY retary pursuant to such section with respect PROCESSING.—(1) SELECTION CRITERIA.—’’; FOR OCCUPANCY.—Section 811 is amended by to the amount of funds under subtitle A of (2) by redesignating paragraphs (1), (2), (3), striking subsection (i) and inserting the fol- title II of such Act that may be invested on (4), (5), (6), and (7) as subparagraphs (A), (B), lowing new subsection: a per unit basis, shall apply to supportive (C), (D), (E), (G), and (H), respectively; and ‘‘(i) ADMISSION AND OCCUPANCY.— housing assisted with a capital advance (3) by adding at the end the following new ‘‘(1) TENANT SELECTION.— under subsection (d)(1) and the amount of paragraph: ‘‘(A) PROCEDURES.—An owner shall adopt funds under such subsection that may be in- ‘‘(2) DELEGATED PROCESSING.— written tenant selection procedures that are vested on a per unit basis. ‘‘(A) In issuing a capital advance under satisfactory to the Secretary as (i) con- ‘‘(B) WAIVERS.—The Secretary may provide subsection (d)(1) for any multifamily project sistent with the purpose of improving hous- for waiver of the cost limits applicable pur- (but not including any project that is a ing opportunities for very low-income per- suant to subparagraph (A)— group home or independent living facility) sons with disabilities; and (ii) reasonably re- ‘‘(i) in the cases in which the cost limits for which financing for the purposes de- lated to program eligibility and an appli- established pursuant to section 212(e) of the scribed in the last sentence of subsection (b) cant’s ability to perform the obligations of Cranston-Gonzalez National Affordable is provided by a combination of the capital the lease. Owners shall promptly notify in Housing Act may be waived; and advance and sources other than this section, writing any rejected applicant of the grounds ‘‘(ii) to provide for— within 30 days of award of the capital ad- for any rejection. ‘‘(I) the cost of special design features to vance, the Secretary shall delegate review ‘‘(B) REQUIREMENT FOR OCCUPANCY.—Occu- make the housing accessible to persons with and processing of such projects to a State or pancy in dwelling units provided assistance disabilities; local housing agency that— under this section shall be available only to ‘‘(II) the cost of special design features ‘‘(i) is in geographic proximity to the prop- persons with disabilities and households that necessary to make individual dwelling units erty; include at least one person with a disability. meet the special needs of persons with dis- ‘‘(ii) has demonstrated experience in and ‘‘(C) AVAILABILITY.—Except only as pro- abilities; and capacity for underwriting multifamily hous- vided in subparagraph (D), occupancy in ‘‘(III) the cost of providing the housing in ing loans that provide housing and sup- dwelling units in housing provided with as- a location that is accessible to public trans- portive services; sistance under this section shall be available portation and community organizations that ‘‘(iii) may or may not be providing low-in- to all persons with disabilities eligible for provide supportive services to persons with come housing tax credits in combination such occupancy without regard to the par- disabilities.’’. with the capital advance under this section; ticular disability involved. (g) CONGRESSIONAL NOTIFICATION OF WAIV- and ‘‘(D) LIMITATION ON OCCUPANCY.—Notwith- ER.—Section 811(k) is amended— ‘‘(iv) agrees to issue a firm commitment standing any other provision of law, the (1) in paragraph (1), by adding the fol- within 12 months of delegation. owner of housing developed under this sec- lowing after the second sentence: ‘‘Not later ‘‘(B) The Secretary shall retain the author- tion may, with the approval of the Sec- than the date of the exercise of any waiver ity to process capital advances in cases in retary, limit occupancy within the housing permitted under the previous sentence, the which no State or local housing agency is to persons with disabilities who can benefit Secretary shall notify the Committee on sufficiently qualified to provide delegated from the supportive services offered in con- Banking, Housing, and Urban Affairs of the processing pursuant to this paragraph or no nection with the housing. Senate and the Committee on Financial such agency has entered into an agreement ‘‘(2) TENANT PROTECTIONS.— Services of the House of Representatives of with the Secretary to serve as a delegated ‘‘(A) LEASE.—The lease between a tenant the waiver or the intention to exercise the processing agency. and an owner of housing assisted under this waiver, together with a detailed explanation ‘‘(C) The Secretary shall— section shall be for not less than one year, of the reason for the waiver.’’; and ‘‘(i) develop criteria and a timeline to peri- and shall contain such terms and conditions (2) in paragraph (4)— odically assess the performance of State and as the Secretary shall determine to be appro- (A) by striking ‘‘prescribe, subject to the local housing agencies in carrying out the priate. limitation under subsection (h)(6) of this sec- duties delegated to such agencies pursuant ‘‘(B) TERMINATION OF TENANCY.—An owner tion)’’ and inserting ‘‘prescribe)’’; and to subparagraph (A); and may not terminate the tenancy or refuse to (B) by adding the following after the first ‘‘(ii) retain the authority to review and renew the lease of a tenant of a rental dwell- sentence: ‘‘Not later than the date that the process projects financed by a capital ad- ing unit assisted under this section except— Secretary prescribes a limit exceeding the 24 vance in the event that, after a review and ‘‘(i) for serious or repeated violation of the person limit in the previous sentence, the assessment, a State or local housing agency terms and conditions of the lease, for viola- Secretary shall notify the Committee on is determined to have failed to satisfy the tion of applicable Federal, State, or local Banking, Housing, and Urban Affairs of the criteria established pursuant to clause (i). law, or for other good cause; and Senate and the Committee on Financial

VerDate Mar 15 2010 05:35 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\A21DE7.024 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8808 CONGRESSIONAL RECORD — HOUSE December 21, 2010 Services of the House of Representatives of tremely low-income households that include ‘‘(A) make available voluntary supportive the limit or the intention to prescribe a at least one person with a disability. services that address the individual needs of limit in excess of 24 persons, together with a ‘‘(C) ELIGIBLE PROJECTS.—An eligible persons with disabilities occupying such detailed explanation of the reason for the project under this subparagraph is a new or housing;’’; and new limit.’’. existing multifamily housing project for (ii) in subparagraph (B), by striking the (h) MINIMUM ALLOCATION FOR MULTIFAMILY which— comma and inserting a semicolon; PROJECTS.—Paragraph (1) of section 811(l) is ‘‘(i) the development costs are paid with (3) in subsection (d)(1), by striking ‘‘pro- amended to read as follows: resources from other public or private vided under’’ and all that follows through ‘‘(1) MINIMUM ALLOCATION FOR MULTIFAMILY sources; and ‘‘shall bear’’ and inserting ‘‘provided pursu- PROJECTS.—The Secretary shall establish a ‘‘(ii) a commitment has been made— ant to subsection (b)(1) shall bear’’; minimum percentage of the amount made ‘‘(I) by the applicable State agency respon- (4) in subsection (f)— available for each fiscal year for capital ad- sible for allocation of low-income housing (A) in paragraph (3)— vances under subsection (d)(1) that shall be tax credits under section 42 of the Internal (i) in subparagraph (B), by striking ‘‘re- used for multifamily projects subject to sub- Revenue Code of 1986, for an allocation of ceive’’ and inserting ‘‘be offered’’; section (e)(4).’’. such credits; (ii) by striking subparagraph (C) and in- SEC. 4. PROJECT RENTAL ASSISTANCE. ‘‘(II) by the applicable participating juris- serting the following: diction that receives assistance under the Section 811(b) is amended— ‘‘(C) evidence of the applicant’s experience HOME Investment Partnership Act, for as- (1) in the matter preceding paragraph (1), in— sistance from such jurisdiction; or by striking ‘‘is authorized—’’ and inserting ‘‘(i) providing such supportive services; or ‘‘(III) by any Federal agency or any State ‘‘is authorized to take the following ac- ‘‘(ii) creating and managing structured or local government, for funding for the tions:’’; partnerships with service providers for the project from funds from any other sources. (2) in paragraph (1)— delivery of appropriate community-based ‘‘(D) STATE AGENCY INVOLVEMENT.—Assist- (A) by striking ‘‘(1) to provide tenant- services;’’; ance under this paragraph may be provided based’’ and inserting ‘‘(1) TENANT-BASED AS- (iii) in subparagraph (D), by striking ‘‘such only for projects for which the applicable SISTANCE.—To provide tenant-based’’; and State agency responsible for health and persons’’ and all that follows through ‘‘provi- (B) by striking ‘‘; and’’ and inserting a pe- human services programs, and the applicable sion of such services’’ and inserting ‘‘ten- riod; State agency designated to administer or su- ants’’; and (3) in paragraph (2), by striking ‘‘(2) to pro- pervise the administration of the State plan (iv) in subparagraph (E), by inserting vide assistance’’ and inserting ‘‘(2) CAPITAL for medical assistance under title XIX of the ‘‘other Federal, and’’ before ‘‘State’’; and ADVANCES.—To provide assistance’’; and Social Security Act, have entered into such (B) in paragraph (4), by striking ‘‘special’’ (4) by adding at the end the following: agreements as the Secretary considers ap- and inserting ‘‘housing and community- ‘‘(3) PROJECT RENTAL ASSISTANCE.— propriate— based services’’; ‘‘(A) IN GENERAL.—To offer additional ‘‘(i) to identify the target populations to be (5) in subsection (g), in paragraph (1) (as so methods of financing supportive housing for served by the project; redesignated by section 3(c)(1) of this Act)— non-elderly adults with disabilities, the Sec- ‘‘(ii) to set forth methods for outreach and (A) in subparagraph (D) (as so redesignated retary shall make funds available for project referral; and by section 3(c)(2) of this Act), by striking rental assistance pursuant to subparagraph ‘‘(iii) to make available appropriate serv- ‘‘the necessary supportive services will be (B) for eligible projects under subparagraph ices for tenants of the project. provided’’ and inserting ‘‘appropriate sup- (C). The Secretary shall provide for State ‘‘(E) USE REQUIREMENTS.—In the case of portive services will be made available’’; and housing finance agencies and other appro- any project for which project rental assist- (B) by striking subparagraph (E) (as so re- priate entities to apply to the Secretary for ance is provided under this paragraph, the designated by section 3(c)(2) of this Act) and such project rental assistance funds, which dwelling units assisted pursuant to subpara- inserting the following: shall be made available by such agencies and graph (B) shall be operated for not less than ‘‘(E) the extent to which the location and entities for dwelling units in eligible 30 years as supportive housing for persons design of the proposed project will facilitate projects based upon criteria established by with disabilities, in accordance with the ap- the provision of community-based supportive the Secretary. The Secretary may not re- plication for the project approved by the services and address other basic needs of per- quire any State housing finance agency or Secretary, and such dwelling units shall, sons with disabilities, including access to ap- other entity applying for such project rental during such period, be made available for oc- propriate and accessible transportation, ac- assistance funds to identify in such applica- cupancy only by persons and households de- cess to community services agencies, public tion the eligible projects for which such scribed in subparagraph (B)(iv). facilities, and shopping;’’; funds will be used, and shall allow such agen- ‘‘(F) REPORT.—Not later than 3 years after (6) in subsection (j)— cies and applicants to subsequently identify the date of the enactment of this paragraph, (A) by striking paragraph (4); and such eligible projects pursuant to the mak- and again 2 years thereafter, the Secretary (B) by redesignating paragraphs (5), (6), ing of commitments described in subpara- shall submit to Congress a report— and (7) as paragraphs (4), (5), and (6), respec- graph (C)(ii). ‘‘(i) describing the assistance provided tively; ‘‘(B) CONTRACT TERMS.— under this paragraph; (7) in subsection (k)— ‘‘(i) CONTRACT TERMS.—Project rental as- ‘‘(ii) analyzing the effectiveness of such as- (A) in paragraph (1), by inserting before sistance under this paragraph shall be pro- sistance, including the effectiveness of such the period at the end of the first sentence vided— assistance compared to the assistance pro- the following: ‘‘, which provides a separate ‘‘(I) in accordance with subsection (d)(2); gram for capital advances set forth under bedroom for each tenant of the residence’’; and subsection (d)(1) (as in effect pursuant to the (B) in paragraph (2), by striking the first ‘‘(II) under a contract having an initial amendments made by such Act); and sentence, and inserting the following: ‘‘The term of not less than 180 months that pro- ‘‘(iii) making recommendations regarding term ‘person with disabilities’ means a vides funding for a term 60 months, which future models for assistance under this sec- household composed of one or more persons funding shall be renewed upon expiration, tion.’’. who is 18 years of age or older and less than subject to the availability of sufficient SEC. 5. TECHNICAL CORRECTIONS. 62 years of age, and who has a disability.’’; amounts in appropriation Acts. Section 811 is amended— (C) by striking paragraph (3) and inserting ‘‘(ii) LIMITATION ON UNITS ASSISTED.—Of the (1) in subsection (a)— the following new paragraph: total number of dwelling units in any multi- (A) in paragraph (1), by striking ‘‘and’’ at ‘‘(3) The term ‘supportive housing for per- family housing project containing any unit the end; sons with disabilities’ means dwelling units for which project rental assistance under (B) in paragraph (2)— that— this paragraph is provided, the aggregate (i) by striking ‘‘provides’’ and inserting ‘‘(A) are designed to meet the permanent number that are provided such project rental ‘‘makes available’’; and housing needs of very low-income persons assistance, that are used for supportive hous- (ii) by striking the period at the end and with disabilities; and ing for persons with disabilities, or to which inserting ‘‘; and’’; and ‘‘(B) are located in housing that make any occupancy preference for persons with (C) by adding at the end the following new available supportive services that address disabilities applies, may not exceed 25 per- paragraph: the individual health, mental health, or cent of such total. ‘‘(3) promotes and facilitates community other needs of such persons.’’; ‘‘(iii) PROHIBITION OF CAPITAL ADVANCES.— integration for people with significant and (D) in paragraph (5), by striking ‘‘a project The Secretary may not provide a capital ad- long-term disabilities.’’; for’’; and vance under subsection (d)(1) for any project (2) in subsection (c)— (E) in paragraph (6)— for which assistance is provided under this (A) in paragraph (1), by striking ‘‘special’’ (i) by inserting after and below subpara- paragraph. and inserting ‘‘housing and community- graph (D) the matter to be inserted by the ‘‘(iv) ELIGIBLE POPULATION.—Project rental based services’’; and amendment made by section 841 of the Amer- assistance under this paragraph may be pro- (B) in paragraph (2)— ican Homeownership and Economic Oppor- vided only for dwelling units for extremely (i) by striking subparagraph (A) and insert- tunity Act of 2000 (Public Law 106–569; 114 low-income persons with disabilities and ex- ing the following: Stat. 3022); and

VerDate Mar 15 2010 05:35 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\A21DE7.024 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 21, 2010 CONGRESSIONAL RECORD — HOUSE H8809 (ii) in the matter inserted by the amend- thousands more affordable housing completion when you’re dealing with ment made by subparagraph (A) of this para- units each year across this country to an 811 project. graph, by striking ‘‘wholly owned and’’; and low-income persons with physical and This bill, by reordering the way in (8) in subsection (l)— mental disabilities. Importantly, the (A) in paragraph (2), by striking ‘‘sub- which we run the program, would triple section (c)(1)’’ and inserting ‘‘subsection bill before us today costs the same the number of housing units that we (d)(1)’’; and amount as the existing 811 program. It can build through the 811 program (B) in paragraph (3), by striking ‘‘sub- just makes some very important im- across country. It does this by pro- section (c)(2)’’ and inserting ‘‘subsection provements to efficiently expand the viding better accountability and cost (d)(2)’’. use of these important dollars. efficiency to the program, by transfer- SEC. 6. AUTHORIZATION OF APPROPRIATIONS. That is why I want to first just thank ring 811 vouchers to the larger section Subsection (m) of section 811 is amended to all the people who have brought this 8 program. And this frees up funds to read as follows: bill before us today, Senators MENEN- support efforts to leverage 811 capital ‘‘(m) AUTHORIZATION OF APPROPRIATIONS.— There are authorized to be appropriated for DEZ and JOHANNS in the Senate as well dollars with low-income tax credits, providing assistance pursuant to this section as the ranking member of the full com- private dollars, and State partnerships. $300,000,000 for each of fiscal years 2011 mittee in the Senate, Senator DODD; That’s what this is really all about, through 2015.’’. here in the House, the chairman of the trying to take our Federal dollars and SEC. 7. GAO STUDY. full committee, Representative FRANK leverage them with other sources of The Comptroller General of the United and Representatives CAPITO and funding, whether it be through State States shall conduct a study of the sup- BIGGERT for their tireless advocacy on and municipal funds or whether it be portive housing for persons with disabilities the issue of supportive housing, as well through private dollars, which I think program under section 811 of the Cranston- as really hundreds of staff both on the Gonzalez National Affordable Housing Act is really the future of supportive hous- (42 U.S.C. 8013) to determine the adequacy inside of this building and those advo- ing development. and effectiveness of such program in assist- cates who have worked on this issue for It also makes a number of other im- ing households of persons with disabilities. a number of years. portant efficiencies by allowing States Such study shall determine— And lastly to the Melville family, and State housing agencies to do much (1) the total number of households assisted this bill is titled the Frank Melville of the bureaucratic paperwork that under such program; Supportive Housing Investment Act. sometimes bogs down these applica- (2) the extent to which households assisted Frank Melville, who unfortunately tions. under other programs of the Department of passed away a few years ago, and his Housing and Urban Development that pro- Years ago, Madam Speaker, when vide rental assistance or rental housing surviving wife, Allen, created some- this country and States across the Na- would be eligible to receive assistance under thing called the Melville Charitable tion made the decision to close down such section 811 program; and Trust; and that trust today is one of our institutions that housed individ- (3) the extent to which households de- the primary funders of supportive uals with mental and physical disabil- scribed in paragraph (2) who are eligible for, housing advocacy around the North- ities, we made a promise to them. We but not receiving, assistance under such sec- east and around the Nation. And I told them that we’d find them new tion 811 program are receiving supportive think this legislation, should it find its housing out in the communities, better services from, or assisted by, the Depart- way into passage, will be a fitting tes- ment of Housing and Urban Development opportunities for those individuals to other than through the section 811 program tament to Frank Melville’s legacy. live on their own. We haven’t lived up (including under the Resident Opportunity Madam Speaker, the 811 program is to that promise over the years. and Self-Sufficiency program) or from other the primary program for the develop- And in Connecticut, those of us who sources. ment of supportive housing around the have worked on this issue for years, we Upon the completion of the study required country. The Department of Housing often wear a badge when we’re working under this section, the Comptroller General and Urban Development estimates that on this issue in the State Capitol that shall submit a report to the Congress setting around this Nation, there are about 1.3 says, Keep the Promise. This legisla- forth the findings and conclusions of the million individuals, nonelderly dis- study. tion, I believe, thanks to the great abled, people with physical disabilities work of my Republican colleagues and The SPEAKER pro tempore. Pursu- or sometimes very severe mental ill- Senators who worked so hard on it, is ant to the rule, the gentleman from ness, who are living in substandard a step towards doing just that. Connecticut (Mr. MURPHY) and the gen- housing. Supportive housing is a cost- Again, I’d like to thank all of the tlewoman from West Virginia (Mrs. effective means to provide those indi- people who have made this prospective CAPITO) each will control 20 minutes. viduals with an ability to thrive inde- The Chair recognizes the gentleman final passage possible. pendently. They are housing units, I reserve the balance of my time. from Connecticut. sometimes built together, sometimes Mrs. CAPITO. Madam Speaker, I GENERAL LEAVE done on a scattered-site basis, that are would like to thank my colleague from Mr. MURPHY of Connecticut. Madam partnered with a modicum of support Connecticut for his dedication to this Speaker, I ask unanimous consent that services, sometimes transportation very important piece of legislation. all Members may have 5 legislative help, sometimes medication adherence, And I would particularly like to thank days within which to revise and extend that allows them to live independently. Ms. BIGGERT from Illinois for her pas- their remarks on this legislation and It’s the right thing to do for them, sion and her advocacy on behalf of the to insert extraneous material thereon. and it’s the right thing to do for the disabled Americans and their housing The SPEAKER pro tempore. Is there government. It saves us billions of dol- needs. objection to the request of the gen- lars. Because often, especially with re- tleman from Connecticut? spect to the individuals who have se- I rise in support of S. 1481, the Frank There was no objection. vere mental illness, the alternative is Melville Supportive Housing Invest- Mr. MURPHY of Connecticut. I yield for those people to live in institutional ment Act of 2010. myself such time as I may consume. settings, whether it be in hospitals or There are nearly 4 million non-elder- Madam Speaker, I am proud to stand in jails. For those with physical dis- ly disabled adults in the United States here today with my colleagues in sup- abilities, it is often a very, very dif- that are in need of housing assistance. port of S. 1481, the Frank Melville Sup- ficult life to live in nonsupportive The section 811 program is the only portive Housing Investment Act of housing units. Federal program that allows persons 2009. This is a reauthorization and im- with disabilities to live independently provement upon the existing section b 1130 in the community by increasing the 811 supportive housing program. Pass- The problem is we are not building supply of affordable rental housing ing this bill today would send the legis- enough of these units. Over the last few with the availability of supportive lation to the President’s desk. I think years we’ve built less than 1,000 across services. this is the third time we’ve had this the country with 811 dollars. And it’s S. 1481 closely resembles H.R. 1675, bill before the House over the last 4 sometimes taking up to 6 years from which passed the House by over 375 years. It would pave the way to provide the point of application to the point of votes last year. The bill before us

VerDate Mar 15 2010 05:35 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\A21DE7.024 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8810 CONGRESSIONAL RECORD — HOUSE December 21, 2010 today restructures the section 811 pro- left for greener committee pastures. 1675 with overwhelming bipartisan sup- gram in a way that provides for a con- But that did not prevent us from en- port by a recorded vote of 376–51. tinued creation of supportive housing thusiastically helping him to pass this The bill under consideration today and provides rental assistance that bill, and he deserves a great deal of closely mirrors both House-passed would make housing affordable for very credit for it. It is an idea, I believe, bills. S. 1481 is critical to the goal of low-income people with disabilities. that came to him from constituents, increasing the number of affordable This bill will improve the section 811 and that’s another good thing to know; units for people with disabilities. By disabled housing program by stream- that there were people in his district better aligning this section 811 pro- lining and simplifying development of who were interested in this. And he gram with other Federal, State, and HUD section 811 properties, and makes brought it forward and worked very local funding resources, it allows non- changes to the program to encourage hard and made the necessary adjust- profit sponsors to more easily leverage integration and mixed-use developments, as you always do in the process. additional financing, thereby maxi- ments such as low-income housing tax So this speaks very well of the gen- mizing Federal dollars. credits and HOME program funds. tleman from Connecticut and of the b 1140 I would additionally like to thank process, that people in the country who the very dedicated and hearty group of It streamlines the application proc- have some good ideas can bring them ess and permits nonprofit and for-profit advocates from my State of West Vir- to us and they can be shaped, and this ginia who traveled here last year to entities to partner on Section 811 is done. projects. The bill also limits appropria- talk about this extremely important Finally, I am very pleased that this tions to the Federal fiscal year 2010 issue and the difficulties that they find will lead to, I hope, more construction every day, not only securing housing, level and does not create any new Fed- of rental units. A common problem eral programs. but finding more housing for their as- that we’ve had for many years in our sociates who may suffer disabilities I would like to once again thank my housing area was to overstress home colleague from Connecticut, Congress- and are unable to find safe, affordable ownership for people who needed gov- housing. And so I want to thank them man MURPHY, and thank Chairman ernment assistance, and under-per- FRANK and Ranking Member BACHUS, for their passion and also for their formed with regard to building rental strength that they exhibit every day in Chairwoman WATERS and Ranking units. No one thing solved it all, but Member CAPITO, as well as their staffs, dealing with their disabilities. this is a step forward towards the con- I urge my colleagues to support this for helping us with this legislation. struction of rental units in a way that legislation. Of course, I cannot forget to thank I reserve the balance of my time. will increase the stock of housing. one of my constituents from Tinley Mr. MURPHY of Connecticut. Madam And we ought to remember when we Park, Illinois, Tony Paulauski, the ex- Speaker, I yield as much time as he talk about providing homes for people ecutive director of Arc of Illinois, who may consume to the chairman of the who need assistance, ownership and testified in 2008 before our committee full committee and a primary pro- having a home are not the same word. about the needs for these reforms. On a ponent of this legislation and the legis- Home ownership is a part of home, in similar note, I would also like to thank lation that previously passed respec- general. Rental housing is also an im- the wonderful people in Illinois that tive to the 202 program, Representative portant part. work for Trinity Services and Corner- BARNEY FRANK. I thank the gentleman from Con- stone Services, as well as all those vol- Mr. FRANK of Massachusetts. necticut and the gentlewoman from unteers, parents, and other members of Madam Speaker, I support this legisla- West Virginia and others for letting us the community who have reached out tion substantively. I’m also glad we’re take that step forward together. to express their support of this legisla- bringing it up because it helps dispel a Mrs. CAPITO. Madam Speaker, I tion. couple of unduly negative views about yield such time as she may consume to Madam Speaker, this is a common- us. We’ve just seen a great example of a wonderful advocate for supportive sense bill that modernizes an impor- bipartisan cooperation. Yes, things housing and housing in general, the tant Federal housing program that have gotten very partisan. Some things gentlewoman from Illinois, JUDY hasn’t been updated, and I would urge should be partisan. More have become BIGGERT. my colleagues to support it. that way than should be. Ms. BIGGERT. Madam Speaker, Mrs. CAPITO. Madam Speaker, I But the public has an excessive view today I rise as a Republican cosponsor would urge my colleagues to vote in of the extent to which partisanship of the House version of this legislation, support of this very important bill. dominates, because when we have co- and I urge my colleagues to support I have no further requests for time, operation between the parties and the bill. and I yield back the balance of my agreement it’s not news. And while we I would like to thank my colleague, time. have some differences, the gentle- Congressman MURPHY of Connecticut, Mr. MURPHY of Connecticut. Madam woman from West Virginia as the rank- for all his hard work, and Ranking Speaker, I would like to thank, again, ing member of the Housing Sub- Member CAPITO of West Virginia for all Representative FRANK for his generos- committee and the gentlewoman from that she has done on this bill. ities, despite my leaving the com- California (Ms. WATERS) as the chair Also our Senate counterparts, Sen- mittee. And again, to Representative did a lot of constructive work together, ator MENENDEZ of New Jersey and Sen- BIGGERT in particular, for her advocacy brought forward a number of pieces of ator MIKE JOHANNS of Nebraska, for on this issue over the years. legislation. Not all of them survived their hard work on this legislation. For people that are born with phys- the last minute rush. I am hopeful Section 811 is the only Federal hous- ical and mental disabilities, what I under the leadership of the gentle- ing program that serves non-elderly, think we strive to do as a society is woman from Illinois those areas where low-income people with disabilities. It give them a chance at independent life, we had some agreement, there were is the only Federal program that funds give them a chance to succeed just like some that remain, that we will be able housing and vouchers for people with everyone else. And there is nothing to move them. So it does show that disabilities who seek to live as inde- more fundamental to that success than people believe that there is more par- pendent members of the community. a roof over your head, than a place to tisanship than there is, or that there Unfortunately, the program hasn’t live and a place that has some appro- are no examples of cooperation be- been reformed for over 15 years and, priate supports, recognizing the chal- tween the parties, as there are in this due to inefficiencies, has not served as lenges that you face. This bill, where case. many people who are disabled as it we can potentially triple the number of There is a view that politics is a hard could. That’s why, for the past 4 years, supportive housing units that we build and nasty business and that people are Congressman MURPHY and I have across the country without spending an vindictive, and this is proof that that’s worked to reform the section 811 pro- additional dime, is both, I think, a not true. gram. The House passed our bill, H.R. compassionate response to those people Now, the gentleman from Con- 5772, by voice vote in September 2008, and a responsible way to run this pro- necticut abandoned our committee, and in July 2009, the House passed H.R. gram.

VerDate Mar 15 2010 05:35 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\K21DE7.030 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 21, 2010 CONGRESSIONAL RECORD — HOUSE H8811 I yield back the balance of my time. (2) by not later than 180 days after the date ster the efforts of these fine men and The SPEAKER pro tempore. The of the enactment of this Act, U.S. Customs women by, among other things, dou- question is on the motion offered by and Border Protection initiates all periodic bling the size of the Border Patrol from the gentleman from Connecticut (Mr. background reinvestigations for all law en- about 10,000 agents in FY 2002 to more forcement personnel of U.S. Customs and MURPHY) that the House suspend the Border Protection that should receive peri- than 20,000 in FY 2009. I am very rules and pass the bill, S. 1481. odic background reinvestigations pursuant pleased that having served on that The question was taken; and (two- to relevant policies of U.S. Customs and Bor- committee since its origin, and having thirds being in the affirmative) the der Protection in effect on the day before the served under Chairman THOMPSON, that rules were suspended and the bill was date of the enactment of this Act. was one of our number one priorities. passed. SEC. 4. PROGRESS REPORT. In fact, legislation that I introduced A motion to reconsider was laid on Not later than 180 days after the date of became, ultimately, part of a Senate the table. the enactment of this Act, and every 180 days bill that helped increase the number of thereafter through the date that is 2 years f Border Patrol agents at the border, the after such date of enactment, the Secretary ANTI-BORDER CORRUPTION ACT of Homeland Security shall submit to the southern border in particular. Traditional smuggling routes and OF 2010 Committee on Homeland Security and Gov- ernmental Affairs of the Senate and the networks have been disrupted because Ms. JACKSON LEE of Texas. Madam Committee on Homeland Security of the of our Federal efforts to secure the bor- Speaker, I move to suspend the rules House of Representatives a report on the der. But in response, smugglers and and pass the bill (S. 3243) to require progress made by U.S. Customs and Border other criminal organizations are ac- U.S. Customs and Border Protection to Protection toward complying with section 3. tively seeking out other ways to con- administer polygraph examinations to The SPEAKER pro tempore. Pursu- duct their illegal activity. They have, all applicants for law enforcement po- ant to the rule, the gentlewoman from in some cases, resorted to infiltrating sitions with U.S. Customs and Border Texas (Ms. JACKSON LEE) and the gen- and weakening CBP from within its Protection, to require U.S. Customs tlewoman from Michigan (Mrs. MIL- ranks. and Border Protection to complete all LER) each will control 20 minutes. While the majority of CBP employees periodic background reinvestigations The Chair recognizes the gentle- are not corrupt and are putting their of certain law enforcement personnel, woman from Texas. lives on the line every day to keep and for other purposes. GENERAL LEAVE America secure, there are some who The Clerk read the title of the bill. Ms. JACKSON LEE of Texas. Madam are undermining their efforts. Let me The text of the bill is as follows: Speaker, I ask unanimous consent that remind my colleagues: The majority of Be it enacted by the Senate and House of Rep- all Members may have 5 legislative CBP employees are not corrupt, and we resentatives of the United States of America in Congress assembled, days in which to revise and extend thank them for their sacrifice. How- SECTION 1. SHORT TITLE. their remarks and insert extraneous ever, enactment of this bill will This Act may be cited as the ‘‘Anti-Border material on the bill under consider- strengthen personnel integrity, result Corruption Act of 2010’’. ation. in greater hiring efficiency, and pro- SEC. 2. FINDINGS. The SPEAKER pro tempore. Is there tect those who are doing their job Congress makes the following findings: objection to the request of the gentle- every single day. (1) According to the Office of the Inspector woman from Texas? According to CBP, approximately 15 General of the Department of Homeland Se- There was no objection. percent of applicants received a poly- curity, since 2003, 129 U.S. Customs and Bor- Ms. JACKSON LEE of Texas. Madam graph examination last year. Of those, der Protection officials have been arrested Speaker, I rise in support of S. 3243, the about 60 percent were found unsuitable on corruption charges and, during 2009, 576 Anti-Border Corruption Act of 2010, and for service. CBP has also found that investigations were opened on allegations of yield myself such time as I may con- improper conduct by U.S. Customs and Bor- less than 1 percent of applicants der Protection officials. sume. cleared by polygraph testing failed the (2) To foster integrity in the workplace, es- Madam Speaker, we all have a stake required background investigation. It tablished policy of U.S. Customs and Border in ensuring that the agency in charge shows that this process will work. In Protection calls for— of securing our border is strong and ef- contrast, roughly 22 percent of appli- (A) all job applicants for law enforcement fective. Accordingly, I believe that cor- cants who do not undergo this testing positions at U.S. Customs and Border Pro- ruption anywhere in the ranks of Cus- fail their background investigations. tection to receive a polygraph examination toms and Border Protection, or CBP, Maintaining workforce integrity is a and a background investigation before being must be dealt with swiftly and effec- offered employment; and continuous process that does not end (B) relevant employees to receive a peri- tively. Now, having gone to our border, with preemployment screening. With odic background reinvestigation every 5 both northern and southern border, I the aggressive growth in CBP, the years. am well aware that there is a lot of agency has struggled to keep up with (3) According to the Office of Internal Af- hard work, sacrifice, and profes- its periodic reinvestigations of certain fairs of U.S. Customs and Border Protec- sionalism that goes on among our CBP personnel. S. 3243 would require CBP to tion— personnel. In fact, I have engaged with initiate reinvestigation within 6 (A) in 2009, less than 15 percent of appli- them over the years. months of enactment and report to cants for jobs with U.S. Customs and Border S. 3243, however, will foster greater Congress on its progress, all toward the Protection received polygraph examinations; integrity throughout the CBP by re- (B) as of March 2010, U.S. Customs and Bor- idea of ensuring the integrity of law der Protection had a backlog of approxi- quiring polygraph tests for all its law enforcement at a very crucial time in mately 10,000 periodic background reinves- enforcement applicants and directing America’s history. tigations of existing employees; and CBP leadership to conduct periodic re- I urge my colleagues to join me in (C) without additional resources, by the investigations on current personnel to supporting the passage of S. 3243, be- end of fiscal year 2010, the backlog of peri- root out any corruption—very impor- cause this legislation will help bolster odic background reinvestigations will in- tant in light of the extreme conditions, CBP’s ability to ensure integrity crease to approximately 19,000. particularly on the southern border, throughout the ranks of this critical SEC. 3. REQUIREMENTS WITH RESPECT TO AD- and the fight that we have against drug MINISTERING POLYGRAPH EXAMI- Homeland Security agency. And, frank- NATIONS TO LAW ENFORCEMENT cartels and violence. ly, I believe the men and women who PERSONNEL OF U.S. CUSTOMS AND The men and women of Customs and are doing their job every day will wel- BORDER PROTECTION. Border Protection, CBP, serve on the come this kind of process in order to be The Secretary of Homeland Security shall front line in extreme heat, terrible able to stand alongside of those men ensure that— cold, and other difficult circumstances (1) by not later than 2 years after the date and women just like them. of the enactment of this Act, all applicants to protect the Nation against home- I urge support. for law enforcement positions with U.S. Cus- land security and criminal threats, and I reserve the balance of my time. toms and Border Protection receive poly- we are enormously grateful to them. Mrs. MILLER of Michigan. I yield graph examinations before being hired for I am proud of the strides that Con- myself as much time as I may con- such a position; and gress has made over the years to bol- sume.

VerDate Mar 15 2010 05:35 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\K21DE7.033 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8812 CONGRESSIONAL RECORD — HOUSE December 21, 2010 Madam Speaker, I rise today to years, we have seen the Vilareal broth- The men and women of Customs and Bor- speak about S. 3243, which will require ers, who helped smuggle an untold der Protection (CBP) are the guardians of our Customs and Border Protection, the number of Mexicans and Brazilians Nation’s borders. CBP, to begin polygraph testing for all across the border before quitting CBP They protect our ports of entry and areas in new applicants for law enforcement po- and then fleeing into Mexico. between against homeland security threats, in- sitions before being hired and to ini- Perhaps most disturbing, however, as cluding illicit trafficking and other criminal ac- tiate periodic background reinvestiga- an example, was the case of Michael tivity, while facilitating legitimate trade and tions for all of its law enforcement per- Gilliland, who was a highly respected travel. sonnel. 16-year veteran of CBP who was ar- The vast majority of CBP personnel are First, I would like to sincerely com- rested on corruption charges in 2007. committed to the border security mission. mend the work that the Border Patrol Mr. Gilliland became involved with a However, there have been instances in re- agents and the CBP officers across the woman who belonged to a smuggling cent years of individuals seeking and securing Nation do each and every single day. organization and before long began employment with CBP for the express purpose These brave men and women stand on taking bribes to help smuggle people of engaging in smuggling and other criminal the front lines. They endure hardships. and narcotics into the United States. activities. They face dangerous and heavily armed Madam Speaker, this illustrates how For example, last December, Border Patrol drug cartels along the southern border. important it is that CBP not only give Agent Raquel Esquivel was sentenced to 15 And agents like Brian Terry, who lost polygraph exams to new applicants, years in prison for informing smugglers on the his life, actually, last week and is an but to also clear their backlog and re- location of patrols. agent from Michigan who, I believe, is investigate their employees every few She reportedly joined the Border Patrol being laid out at a funeral parlor in the years. based on the recommendation of a high city of Detroit as we speak, lay down Our efforts to secure the border since school friend and drug smuggler who con- their lives to protect our border and 9/11 have made it more difficult for vinced her it was a ‘‘good career move’’ for our Nation. And, of course, the chal- criminal organizations to smuggle peo- both of them. lenges faced by CBP agents, as well, ple and narcotics into our country, but More recently, just last week, a Customs Of- along the northern border are also this has only made them more des- ficer based at Atlanta’s Hartsfield-Jackson Air- being met. perate. It is important to ensure that port was arrested in one of the largest ecstasy The important work being done by the outstanding work being done by pill seizures in the country. our Border Patrol and CBP officers to our Border Patrol agents isn’t tar- The officer was charged with conspiring to control the legal flow of both people nished by a few corrupt individuals launder drug money, bulk cash smuggling and and goods while deterring smuggling who could be screened out before they attempting to bring weapons onto an aircraft. has made them a target of these drug have the opportunity to do harm. He allegedly used his badge to bypass secu- With the passage of this legislation, cartels and other criminal organiza- rity and avoid screening. we can close this loophole and ensure tions who want to recruit them to help H.R. 3243 would strengthen CBP by en- that only the most trustworthy agents smuggle drugs and money across our hancing the agency’s personnel integrity poli- are employed by CBP. cies. borders. Madam Speaker, I yield back the bal- Corruption amongst border agents, Specifically, the bill would require CBP to: ance of my time. (1) require all applicants for CBP law en- unfortunately, is not a new problem. Ms. JACKSON LEE of Texas. Madam forcement positions to undergo polygraph ex- But as our enforcement efforts along Speaker, I yield myself such time as I aminations; and the border have grown, so have the may consume. (2) commence background re-investigations number of corruption cases. Since 2003, I want to join the gentlelady from of certain employees within six months of en- 129 CBP officers have been arrested on Michigan to offer my deepest sympathy actment. corruption charges. Last year alone, for the fallen Customs and Border Pa- CBP deploys more than 57,000 employees there were 576 allegations of corrup- trol agent who lost his life in the line each day. tion. of duty, in the line of battle, if you On a typical day, they process about one b 1150 will, and to express this country’s million passengers and pedestrians; execute CBP’s internal affairs office has stat- gratefulness again for his service. more than two thousand apprehensions be- So in tribute to those who we recog- ed that less than 15 percent of appli- tween ports and over one hundred criminal ar- nize every day put their lives on the cants receive a polygraph test, despite rests at ports of entry. front line, we want to ensure that we Given this high-threat environment, it is not agency policy that requires that all ap- have the kind of force of men and surprising that drug trafficking organizations plicants are supposed to take this test. women that will uphold the highest have turned their attention to infiltrating and CBP procedure also requires periodic standards of integrity that even under compromising CBP. background reinvestigations for em- pressure in this very hostile climate of The dramatic increases in staffing have also ployees to occur at least every 5 years. drug cartels, human trafficking and contributed to personnel vulnerabilities. However, Madam Speaker, there is cur- smuggling and massiveness of criminal The Border Patrol has seen its agents dou- rently a backlog of over 10,000 cases, activity and intent to do harm to the ble from approximately 10,000 agents in FY which could increase to 19,000 by the United States, that we provide the at- 2002 to more than 20,000 in FY 2009. end of this fiscal year. This bill will mosphere for these men and women to This rate of growth has made it difficult for make it mandatory for all CBP appli- do their job. CBP to pace with periodic personnel re-inves- cants to be prescreened with a poly- Madam Speaker, as you have heard, tigations. graph examination and will require the enactment of S. 3243 will force a I urge passage of S. 3243 which takes CBP to clear the backlog of reinves- greater integrity through CBP. Pas- some important steps to help prevent the hir- tigations within 6 months. sage of S. 3243 by the House of Rep- ing of those who seek to infiltrate CBP for ter- This bill will go a long, long way to resentatives today will allow this im- rorist or criminal purposes and ensure that re- preventing people like Margarita portant measure to be presented to the investigations are conducted on a regular Crispin from becoming a CBP agent. President for his signature in recogni- basis to weed out any potential corruption. Ms. Crispin, as an example, was hired tion of the sacrifice of all of these men Ms. JACKSON LEE of Texas. Madam by CBP in 2003, at which time she had and women at our borders. Speaker, I yield back the balance of already been recruited by the Juarez I encourage my colleagues to join me my time. cartel. Almost immediately after com- in supporting S. 3243 and, as we do this, The SPEAKER pro tempore. The pleting her training, she began helping look forward to comprehensively ad- question is on the motion offered by drug traffickers smuggle narcotics into dressing this immigration concern in the gentlewoman from Texas (Ms. the U.S.; and by the time she was ar- this Nation and really move this Na- JACKSON LEE) that the House suspend rested in 2007, she had allowed more tion forward in a nonpartisan and bi- the rules and pass the bill, S. 3243. than 2,200 pounds of marijuana to cross partisan manner. The question was taken. over our border. Mr. THOMPSON of Mississippi. Madam The SPEAKER pro tempore. In the Ms. Crispin was, unfortunately, not Speaker, I rise in support of S. 3243, the Anti- opinion of the Chair, two-thirds being unique among CBP officers. In recent Border Corruption Act. in the affirmative, the ayes have it.

VerDate Mar 15 2010 05:35 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\K21DE7.034 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 21, 2010 CONGRESSIONAL RECORD — HOUSE H8813 Ms. JACKSON LEE of Texas. Madam ‘‘(4) reflect the unique nature of small commu- To combat this development, H.R. Speaker, I object to the vote on the nities along the international border between 4748 requires the creation of a northern ground that a quorum is not present the United States and Canada, ongoing co- border counternarcotics strategy simi- and make the point of order that a operation and coordination with Canadian law lar to what has been in place for our enforcement authorities, and variations in the quorum is not present. volumes of vehicles and pedestrians crossing southwest border for several years. The SPEAKER pro tempore. Pursu- through ports of entry along the international This will promote more effective con- ant to clause 8 of rule XX and the border between the United States and Canada. sultation and coordination between Chair’s prior announcement, further ‘‘(d) SPECIFIC CONTENT RELATED TO CROSS- Federal law enforcement agencies so proceedings on this motion will be BORDER INDIAN RESERVATIONS.—The Northern that we can bring new force to our ef- postponed. Border Counternarcotics Strategy shall in- forts to curb the flow of illegal drugs The point of no quorum is considered clude— across the northern border and the withdrawn. ‘‘(1) a strategy to end the illegal trafficking of drugs to or through Indian reservations on or crime it brings in its wake. In addition, f near the international border between the H.R. 4748 gives Indian tribes with res- NORTHERN BORDER COUNTER- United States and Canada; and ervations on or near the Canadian bor- ‘‘(2) recommendations for additional assist- der a consulting role in implementing NARCOTICS STRATEGY ACT OF ance, if any, needed by tribal law enforcement 2010 the strategy on their reservations. agencies relating to the strategy, including an This bill is the result of efforts by Mr. SCOTT of Virginia. Madam evaluation of Federal technical and financial our colleague, the gentleman from New assistance, infrastructure capacity building, Speaker, I move to suspend the rules York (Mr. OWENS), whose district spans and concur in the Senate amendment and interoperability deficiencies. ‘‘(e) LIMITATION.— 250 miles of the border on land along to the bill (H.R. 4748) to amend the Of- ‘‘(1) IN GENERAL.—The Northern Border Coun- the St. Lawrence River and on Lake fice of National Drug Control Policy ternarcotics Strategy shall not change the Erie. The Homeland Security chair- Reauthorization Act of 2006 to require exiting agency authorities and this section shall man, the gentleman from Mississippi not be construed to amend or modify any law a northern border counternarcotics (Mr. THOMPSON), helped to shape the strategy, and for other purposes. governing interagency relationships. ‘‘(2) LEGITIMATE TRADE AND TRAVEL.—The bill and bring it to the floor last sum- The Clerk read the title of the bill. mer. The Senate has now returned the The text of the Senate amendment is Northern Border Counternarcotics Strategy bill with some modest, but helpful, reas follows: shall be designed to promote, and not hinder, legitimate trade and travel. finements; and I urge my colleagues to Senate amendment: ‘‘(f) TREATMENT OF CLASSIFIED OR LAW EN- Strike all after the enacting clause and in- support this revised version so that we FORCEMENT SENSITIVE INFORMATION.— can send it to the President. sert the following: ‘‘(1) IN GENERAL.—The Northern Border Coun- SECTION 1. SHORT TITLE. ternarcotics Strategy shall be submitted in un- I reserve the balance of my time. This Act may be cited as the ‘‘Northern Bor- classified form and shall be available to the pub- Mr. SMITH of Texas. I yield myself der Counternarcotics Strategy Act of 2010’’. lic. such time as I may consume. SEC. 2. NORTHERN BORDER COUNTERNARCOTICS ‘‘(2) ANNEX.—The Northern Border Counter- Madam Speaker, H.R. 4748, the STRATEGY. narcotics Strategy may include an annex con- Northern Border Counternarcotics The Office of National Drug Control Policy taining any classified information or informa- Strategy Act, requires the Director of Reauthorization Act of 2006 (Public Law 109– tion the public disclosure of which, as deter- the Office of National Drug Control 469; 120 Stat. 3502) is amended by inserting after mined by the Director or the head of any rel- Policy, ONDCP, to develop a counter- section 1110 the following: evant National Drug Control Program agency, narcotics strategy for the U.S. Cana- ‘‘SEC. 1110A. REQUIREMENT FOR NORTHERN BOR- would be detrimental to the law enforcement or DER COUNTERNARCOTICS STRAT- national security activities of any Federal, dian border. The House passed this leg- EGY. State, local, or tribal agency.’’. islation last July. The Senate made ‘‘(a) DEFINITIONS.—In this section, the terms The SPEAKER pro tempore. Pursu- several technical and conforming ‘appropriate congressional committees’, ‘Direc- changes to the language and sent it tor’, and ‘National Drug Control Program agen- ant to the rule, the gentleman from Virginia (Mr. SCOTT) and the gen- back to the House for final consider- cy’ have the meanings given those terms in sec- ation. tion 702 of the Office of National Drug Control tleman from Texas (Mr. SMITH) each Policy Reauthorization Act of 1998 (21 U.S.C. will control 20 minutes. Significant attention has been paid 1701). The Chair recognizes the gentleman to drug trafficking along our southern ‘‘(b) STRATEGY.—Not later than 180 days after from Virginia. border with Mexico, but the northern the date of enactment of this section, and every GENERAL LEAVE border with Canada is also a major 2 years thereafter, the Director, in consultation Mr. SCOTT of Virginia. Madam transit point for high-potency mari- with the head of each relevant National Drug Speaker, I ask unanimous consent that juana, Ecstasy, and other illegal drugs. Control Program agency and relevant officials According to the 2010 National Drug of States, local governments, tribal governments, all Members have 5 legislative days to and the governments of other countries, shall revise and extend their remarks and in- Threat Assessment, Asian drug traf- develop a Northern Border Counternarcotics clude extraneous material on the bill ficking organizations produce the drug Strategy and submit the strategy to— under consideration. Ecstasy in Canada and then smuggle it ‘‘(1) the appropriate congressional committees The SPEAKER pro tempore. Is there across the northern border into the (including the Committee on the Judiciary of the objection to the request of the gen- U.S. America’s northern border is re- Senate and the Committee on the Judiciary of tleman from Virginia? mote, heavily wooded and sparsely pop- the House of Representatives); ulated, ideal for smugglers seeking to ‘‘(2) the Committee on Armed Services, the There was no objection. Committee on Homeland Security and Govern- Mr. SCOTT of Virginia. I yield myself move their product into the U.S. unde- mental Affairs, and the Committee on Indian such time as I may consume. tected. Affairs of the Senate; and Madam Speaker, H.R. 4748 amends In 2006, Congress directed the ONDCP ‘‘(3) the Committee on Armed Services, the the Office of National Drug Control to prepare a counternarcotics strategy Committee on Homeland Security, and the Com- Policy Reauthorization Act of 2006 to for our southwestern border. H.R. 4748 mittee on Natural Resources of the House of require the Director of the National mirrors this strategy, but for our Representatives. Drug Control Policy to submit to Con- northern border. ‘‘(c) PURPOSES.—The Northern Border Coun- gress a northern border counter- While we continue to address drug ternarcotics Strategy shall— ‘‘(1) set forth the strategy of the Federal Gov- narcotics strategy. trafficking across our southern border, ernment for preventing the illegal trafficking of The United States’ northern border we must not lose sight of the ease with drugs across the international border between with Canada is the longest open border which our northern border can be ex- the United States and Canada, including in the world, spanning 12 States and ploited by dangerous drug smugglers. I through ports of entry and between ports of over 4,000 miles. The House initially urge my colleagues to support this leg- entry on the border; passed this bill 5 months ago, recog- islation. ‘‘(2) state the specific roles and responsibilities nizing the increased amount of drug Madam Speaker, I yield back the bal- of each relevant National Drug Control Program agency for implementing the strategy; trafficking and related criminal activ- ance of my time. ‘‘(3) identify the specific resources required to ity occurring near the Canadian bor- Mr. SCOTT of Virginia. Madam enable the relevant National Drug Control Pro- der, including on Indian reservations in Speaker, I yield the balance of my time gram agencies to implement the strategy; and that area. to the gentleman from New York (Mr.

VerDate Mar 15 2010 07:12 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\K21DE7.036 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8814 CONGRESSIONAL RECORD — HOUSE December 21, 2010 OWENS), who has been working hard on make these communities safer, at- rules and concur in the Senate amend- this particular bill. tracting new businesses and providing ment to the bill, H.R. 4748. b 1200 the long-term assurances of protection The question was taken; and (two- they need to grow and prosper. thirds being in the affirmative) the Mr. OWENS. Madam Speaker, I want Upstate New York has benefited for rules were suspended and the Senate to thank Chairman CONYERS and Chair- decades from a robust business rela- amendment was concurred in. man THOMPSON for their leadership and tionship with our Canadian neighbors, A motion to reconsider was laid on for bringing H.R. 4748 to the floor with and any illegal activity that takes the table. the Senate amendment. place over our borders threatens that f Our northern border with Canada relationship. The Northern Border spans over 4,000 miles, the longest open Counternarcotics Strategy Act starts PREDISASTER HAZARD border in the world. I am intimately fa- the process of developing a new ap- MITIGATION ACT OF 2010 miliar with the unique status of our proach to combating the international shared border. My congressional dis- Ms. NORTON. Madam Speaker, I drug trade along our shared border move to suspend the rules and concur trict in Upstate New York includes 13 with Canada. It is a vital component to ports of entry and border crossings, and in the Senate amendment to the bill the economic development and safety (H.R. 1746) to amend the Robert T. nearly 2,000 jobs depend on a stable of our communities along that border. trading relationship with our northern Stafford Disaster Relief and Emer- I ask my colleagues for their support. gency Assistance Act to reauthorize neighbor. Mr. THOMPSON of Mississippi. Madam We currently lack a unified approach the predisaster mitigation program of Speaker, as an original cosponsor of H.R. the Federal Emergency Management to stopping the flow of drugs from the 4748, I urge passage of this important home- northern border. As the southern bor- Agency. land security bill so that it can be sent to the The Clerk read the title of the bill. der has witnessed the spread of vio- President for signature. lence that has accompanied the in- The text of the Senate amendment is H.R. 4748, as amended by the Senate, as follows: creased drug trade, we must be would require the Director of National Drug Senate amendment: proactive and vigilant in ensuring that Control Policy, ONDCP, to work with Federal, our northern border remains safe and Strike all after the enacting clause and in- state, local, and international law enforcement sert the following: open for business. Organized criminal to develop a comprehensive plan to prevent elements are increasingly exploiting SECTION 1. SHORT TITLE. drug trafficking across the Northern Border. This Act may be cited as the ‘‘Predisaster the northern border to traffic nar- The bill requires the strategy to include clear Hazard Mitigation Act of 2010’’. cotics, illicit cigarettes, firearms, and recommendations for better coordination and SEC. 2. FINDINGS. people. According to the 2010 National assistance for tribal law enforcement agen- Congress finds the following: Drug Threat Assessment, the amount cies. (1) The predisaster hazard mitigation program of ecstasy seized at or between north- More often than not, when I hear someone has been successful and cost-effective. Funding ern border points of entry increased 594 lament about our ‘‘broken borders,’’ they are from the predisaster hazard mitigation program percent from 2004 to 2009. In 2009, there talking about the Southern Border. While cer- has successfully reduced loss of life, personal in- were 1,100 drug-related arrests in New tainly the high-profile drug cartel violence and juries, damage to and destruction of property, and disruption of communities from disasters. York’s North Country. Just last week, human smuggling activities warrant significant the Franklin County Border Narcotics (2) The predisaster hazard mitigation program attention, we must not overlook the fact that has saved Federal taxpayers from spending sig- Task Force caught a Malone man be- there are significant border security challenges nificant sums on disaster recovery and relief lieved to be headed downstate with 119 to the north, as well. In recent years, a diverse that would have been otherwise incurred had pounds of marijuana. The Narcotics array of traffickers ranging from outlaw motor- communities not successfully applied mitigation Task Force, consisting of law enforce- cycle gangs to Canadian drug rings have ex- techniques. ment officials from the Federal, State, ploited the long, sparsely populated and very (3) A 2007 Congressional Budget Office report and local level, stand to benefit greatly wooded border to traffic in large quantities of found that the predisaster hazard mitigation program reduced losses by roughly $3 (measured from this legislation. They will have marijuana, ecstasy, and methamphetamines. the added advantage of increased co- in 2007 dollars) for each dollar invested in miti- Surveillance of the border is particularly chal- gation efforts funded under the predisaster haz- operation and information sharing lenging since smugglers have a wide range of ard mitigation program. Moreover, the Congres- with their counterparts across the delivery options—from helicopter and other sional Budget Office found that projects funded northern border. small craft to boat and float plane to cattle under the predisaster hazard mitigation pro- By enacting this important legisla- trucks and even snowmobiles. gram could lower the need for post-disaster as- tion into law, the Federal agency that Representative OWENS, with his firsthand sistance from the Federal Government so that is responsible for stopping illegal drugs perspective of conditions on the Northern Bor- the predisaster hazard mitigation investment by from entering the U.S. will, for the der, is to be commended for authoring this bill the Federal Government would actually save taxpayer funds. first time, be mandated by Congress to to ensure that the Federal government has a create a comprehensive strategy to (4) A 2005 report by the Multihazard Mitiga- unified approach to preventing the flow of tion Council showed substantial benefits and stop the flow of drugs across the north- drugs into the United States through this crit- cost savings from the hazard mitigation pro- ern border. By coordinating the efforts ical border—which spans about 4,000 miles. grams of the Federal Emergency Management of Federal, State, and local officials re- The bill is not only integral to border secu- Agency generally. Looking at a range of hazard sponsible for the safety of our commu- rity, but is vital for economic development in mitigation programs of the Federal Emergency nities, the Northern Border Counter- New York’s North Country and other commu- Management Agency, the study found that, on narcotics Strategy Act will help ensure nities in the 13 states along our border with average, $1 invested by the Federal Emergency Management Agency in hazard mitigation pro- that law enforcement has the tools and Canada. Thousands of jobs in these areas de- information they need to keep the drug vided the Nation with roughly $4 in benefits. pend on the swift movement of lawful com- Moreover, the report projected that the mitiga- trade out of the northern border commerce across the Northern Border; illicit activ- tion grants awarded between 1993 and 2003 munities. ity along the border risks undermining this crit- would save more than 220 lives and prevent This legislation also recognizes the ical trading relationship. nearly 4,700 injuries over approximately 50 important balance between allowing I congratulate Representative OWENS, a val- years. the flow of legitimate trade and travel uable member on the Homeland Security (5) Given the substantial savings generated across the border with Canada and Community, for his work on Northern Border from the predisaster hazard mitigation program stopping the flow of illegal narcotics. security issues and—especially—his efforts in in the years following the provision of assist- This new strategy will reflect the ance under the program, increasing funds ap- introducing a strategic approach to stemming propriated for the program would be a wise in- unique nature of the small commu- the flow of illicit drugs across the U.S.-Cana- vestment. nities that dot the northern border and dian border. I urge passage of H.R. 4748. SEC. 3. PREDISASTER HAZARD MITIGATION. recognize the need for continued co- The SPEAKER pro tempore. The (a) ALLOCATION OF FUNDS.—Section 203(f) of operation and coordination with our question is on the motion offered by the Robert T. Stafford Disaster Relief and Emer- counterparts in Canadian law enforce- the gentleman from Virginia (Mr. gency Assistance Act (42 U.S.C. 5133(f)) is ment. This legislation will ultimately SCOTT) that the House suspend the amended to read as follows:

VerDate Mar 15 2010 07:12 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00028 Fmt 4634 Sfmt 6333 E:\CR\FM\K21DE7.037 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 21, 2010 CONGRESSIONAL RECORD — HOUSE H8815 ‘‘(f) ALLOCATION OF FUNDS.— may have 5 legislative days within Mr. MARIO DIAZ-BALART of Flor- ‘‘(1) IN GENERAL.—The President shall award which to revise and extend their re- ida. Madam Speaker, I yield myself financial assistance under this section on a marks and to include extraneous mate- such time as I may consume. competitive basis and in accordance with the criteria in subsection (g). rials in the RECORD on the Senate This bill reauthorizes the predisaster ‘‘(2) MINIMUM AND MAXIMUM AMOUNTS.—In amendment to H.R. 1746. mitigation program for the next 3 providing financial assistance under this sec- The SPEAKER pro tempore. Is there years, as the gentlewoman from Wash- tion, the President shall ensure that the amount objection to the request of the gentle- ington, D.C., has just stated. I’m of financial assistance made available to a State woman from the District of Columbia? pleased to be a co-sponsor of this legis- (including amounts made available to local gov- There was no objection. lation, along with Chairman OBERSTAR, ernments of the State) for a fiscal year— Ms. NORTON. Madam Speaker, I Ranking Member MICA, and Chair- ‘‘(A) is not less than the lesser of— yield myself such time as I may con- ‘‘(i) $575,000; or woman NORTON, who is on the com- ‘‘(ii) the amount that is equal to 1 percent of sume. mittee that I am the ranking member the total funds appropriated to carry out this I rise today to support H.R. 1746, as of. section for the fiscal year; and amended, a bill to reauthorize the The predisaster mitigation program ‘‘(B) does not exceed the amount that is equal predisaster mitigation program. This was created by the Disaster Mitigation to 15 percent of the total funds appropriated to program’s authorization expires with Act of 2000 as a pilot program to study carry out this section for the fiscal year.’’. the current continuing resolution. the effects and the effectiveness of (b) AUTHORIZATION OF APPROPRIATIONS.—Sec- The predisaster mitigation program mitigation for those grants given to tion 203(m) of the Robert T. Stafford Disaster is authorized by section 203 of the Rob- Relief and Emergency Assistance Act (42 U.S.C. ert T. Stafford Disaster Relief and communities before a disaster may 5133(m)) is amended to read as follows: strike. Prior to creation of the ‘‘(m) AUTHORIZATION OF APPROPRIATIONS.— Emergency Assistance Act, or the Staf- ford Act, and was first authorized by predisaster mitigation program, hazard There are authorized to be appropriated to carry mitigation primarily occurred after out this section— this committee in the Disaster Mitiga- ‘‘(1) $180,000,000 for fiscal year 2011; tion Act of 2000. My subcommittee held disaster through FEMA’S Hazard Miti- ‘‘(2) $200,000,000 for fiscal year 2012; and a hearing in which we received testi- gation Grant Program. ‘‘(3) $200,000,000 for fiscal year 2013.’’. We know that every disaster costs us (c) TECHNICAL CORRECTIONS TO REF- mony on empirical evidence that show that this predisaster mitigation pro- a lot of money—and, obviously, more ERENCES.—The Robert T. Stafford Disaster Re- than money. In many times, even lief and Emergency Assistance Act (42 U.S.C. gram manages to get a substantial re- 5121 et seq.) is amended— turn on this investment, with some es- human life. It damages homes, busi- (1) in section 602(a) (42 U.S.C. 5195a(a)), by timations as high as a 4-to-1 return to nesses, and infrastructure. And, again, striking paragraph (7) and inserting the fol- the national government. potentially loss of life. lowing: Examples of mitigation activities Mitigation measures have been ‘‘(7) ADMINISTRATOR.—The term ‘Adminis- highlighted at the hearing include the shown, Madam Speaker, to be very ef- trator’ means the Administrator of the Federal fective in mitigating the damage that Emergency Management Agency.’’; and seismic strengthening of buildings and (2) by striking ‘‘Director’’ each place it ap- infrastructure, acquiring repetitively occurs during a storm, and frankly, pears and inserting ‘‘Administrator’’, except— flooded homes, installing shelters and also in saving lives, which is, we would (A) in section 622 (42 U.S.C. 5197a)— shatter-resistant windows in hurri- all agree, even more important. In fact, (i) in the second and fourth places it appears cane-prone areas, and the building of the investments that we make in miti- in subsection (c); and gation actually saves taxpayer dollars. (ii) in subsection (d); and ‘‘safe rooms’’ in houses and other (B) in section 626(b) (42 U.S.C. 5197e(b)). buildings to protect from high winds. I think that deserves being repeated: It SEC. 4. PROHIBITION ON EARMARKS. The subcommittee came to the conclu- actually saves the taxpayer money. Section 203 of the Robert T. Stafford Disaster sion that predisaster mitigation is ef- Both the CBO, the Congressional Relief and Emergency Assistance Act (42 U.S.C. fective in accomplishing the goal of re- Budget Office, and the National Insti- 5133) is amended by adding at the end the fol- ducing the risk of future damage, hard- tute of Building Sciences have deter- lowing: ship, and loss from all hazards, includ- mined that for every dollar invested in ‘‘(n) PROHIBITION ON EARMARKS.— mitigation, $3 are actually saved in ac- ‘‘(1) DEFINITION.—In this subsection, the term ing loss of life. ‘congressionally directed spending’ means a H.R. 1746 would reauthorize the pro- tual future losses. In addition, H.R. statutory provision or report language included gram for 3 years, make the minimum 1746, as amended, includes a clear pro- primarily at the request of a Senator or a Mem- $575,000 or 1 percent of the total funds hibition on earmarks. ber, Delegate or Resident Commissioner of the appropriated to carry out this section Now, the bottom line is, mitigation House of Representatives providing, author- for the fiscal year, and codify the com- works. It’s been proven to work. It izing, or recommending a specific amount of dis- petitive aspects of the program. Senate saves lives, it limits future damages, cretionary budget authority, credit authority, or changes to the bill include an explicit and reduces Federal disaster costs. In other spending authority for a contract, loan, ban on earmarks or any congression- other words, it saves the taxpayer loan guarantee, grant, loan authority, or other expenditure with or to an entity, or targeted to ally directed spending, along with re- money. a specific State, locality, or Congressional dis- ducing authorization levels of $250 mil- b 1210 trict, other than through a statutory or adminis- lion annually to $180 million for fiscal trative formula-driven or competitive award year 2011, and $200 million for fiscal The predisaster mitigation program process. year 2012 and 2013. is an effective program that advances ‘‘(2) PROHIBITION.—None of the funds appro- This legislation has been endorsed by these goals that I just mentioned. So I priated or otherwise made available to carry out the National Association of Counties, support the passage of this legislation, this section may be used for congressionally di- International Association of Emer- and I urge my colleagues to do the rected spending. same. ‘‘(3) CERTIFICATION TO CONGRESS.—The Ad- gency Managers, the Association of ministrator of the Federal Emergency Manage- State Floodplain Managers, the Na- Madam Speaker, I would at this ment Agency shall submit to Congress a certifi- tional Emergency Management Asso- time, since I don’t believe there are cation regarding whether all financial assist- ciation, the National Association of any further speakers, just mention two ance under this section was awarded in accord- Flood and Stormwater Management things. ance with this section.’’. Agencies, and the American Public First, I want to once again thank The SPEAKER pro tempore. Pursu- Works Association. In addition, the Chairwoman NORTON. It has been a ant to the rule, the gentlewoman from Federal Emergency Management Agen- privilege, an honor and a pleasure to be the District of Columbia (Ms. NORTON) cy has requested a reauthorization of her ranking member. She has really, and the gentleman from Florida (Mr. the predisaster mitigation program. really been a great champion on issues MARIO DIAZ-BALART) each will control This program has consistently shown of disaster mitigation. While she rep- 20 minutes. to provide an excellent return on in- resents Washington, DC, except for The Chair recognizes the gentle- vestment, and I ask Members of the that big snowstorm, it is an area you woman from the District of Columbia. House to support the bill that protects would hope would have no hurricanes GENERAL LEAVE both lives and property. or earthquakes. She has been a huge Ms. NORTON. Madam Speaker, I ask Madam Speaker, I reserve the bal- champion. She has visited areas. She unanimous consent that all Members ance of my time. has gone down to south Florida and has

VerDate Mar 15 2010 07:12 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\A21DE7.027 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8816 CONGRESSIONAL RECORD — HOUSE December 21, 2010 visited the hurricane center and has but I want him to know that I don’t The PDM program reduces the risk of nat- held hearings down there. So she has think he will ever have a better rela- ural hazards, which is where the preponder- been a great champion. tionship with another Member on this ance of risk is in our country. While it is pru- I would just tell you, on a personal side of the aisle. In the relationship dent to prepare for the possibility of terrorist note, that she has been wonderful to that he and I have formed, it has come attacks, the occurrence of natural disasters of work with. I didn’t know we were going to be, indeed, a friendship. all types and sizes is a known certainty. The to be on the floor together again, So I say to him, Until we meet again, flooding that is currently occurring in Cali- Madam Speaker, but as I said the last Mr. DIAZ-BALART. fornia, and the tornadoes that struck in my time, I will no longer be on the T&I I want to simply emphasize, in clos- home state of Minnesota this summer, particu- Committee. I will now go to the Appro- ing, the little bit of money for which larly in Wadena in my district, are examples of priations Committee. I would be remiss there is a great return for 3 years. The the tragic, real impact of natural disasters that if I didn’t mention, though, what a Federal Government spent a token occur in our nation every year. privilege it has been to work with my amount, $500 million; but according to Mitigation saves money. Studies by the chairwoman. the CBO, the reduction in future losses Congressional Budget Office (CBO) and Na- Also, one of the true gentlemen in associated with that small $500 million tional Institute of Building Sciences show that this process and one of the people I is $1.6 billion in present value. No won- for every dollar invested in PDM projects, fu- have grown to respect and admire is der this bill passed in the other body. ture losses are reduced by three to four dol- the chairman of the full committee, I urge my colleagues to approve this lars. In 2005, the Multihazard Mitigation Coun- Mr. OBERSTAR, a person who has served bill as well. cil, an advisory body of the National Institute this country with dignity, with honor Mr. OBERSTAR. Madam Speaker, I rise of Building Sciences, found ‘‘that a dollar and with great integrity, and who has today in strong support of the Senate amend- spent on mitigation saves society an average been exceedingly fair. I can tell you ment to H.R. 1746, the ‘‘Predisaster Hazard of $4.’’ Further, the Multihazard Mitigation that there have been not a couple of oc- Mitigation Act of 2010’’. H.R. 1746, as amend- Council found that flood mitigation measures casions, but many occasions, that I’ve ed, reauthorizes the Federal Emergency Man- yield even greater savings. According to a gone to him because I’ve seen things agement Agency’s (FEMA) Pre-Disaster Miti- September 2007 CBO report on the reduction that, well, frankly, I didn’t like, most gation (PDM) program and helps communities in Federal disaster assistance that is likely to of which were driven by just passions. across the Nation protect against natural dis- result from the PDM program, ‘‘on average, fu- I would go to him and say, Mr. Chair- asters and other hazards. I thank the gen- ture losses are reduced by about $3 (meas- man, this is what’s going on. tleman from Florida (Mr. MICA), Ranking Mem- ured in discounted present value) for each $1 Frankly, you could see it in his face. ber of the Committee, and the gentlewoman spent on those projects, including both federal He just did not tolerate anything that from the District of Columbia (Ms. NORTON), and nonfederal spending.’’ While empirical data is critical, perhaps he believed was not fair on his com- and the gentleman from Florida (Mr. DIAZ- more telling are real-life mitigation ‘‘success mittee. BALART), the Chair and Ranking Member of stories’’. For instance, Seattle, Washington Again, he is a public servant, one the Subcommittee on Economic Development, used Project Impact PDM grants to fortify who has served this country and who Public Buildings, and Emergency Manage- buildings. Immediately after the Nisqually has shown all of us, whether we agree ment, respectively, for their bipartisan efforts Earthquake struck Seattle on February 28, with him or disagree with him—and on this bill. 2001, Seattle Mayor Paul Schell and other I’ve had multiple disagreements with The PDM program provides technical and fi- public officials cited those PDM grants as one him—what public service is all about. nancial assistance to State and local govern- of the primary reasons that lives and property So I just wanted to make sure that I ments to reduce injuries, loss of life, and dam- were saved during the earthquake. Ironically, put that in the record. age to property caused by natural disasters. the Mayor’s statements came on the same Madam Speaker, I yield back the bal- Examples of mitigation activities include: seis- day that the President George W. Bush Ad- ance of my time. mic retrofitting of buildings to strengthen the ministration claimed that the Project Impact Ms. NORTON. I yield myself such buildings in case of an earthquake; acquiring PDM pilot program should be defunded be- time as I may consume. repetitively flooded homes; installing shutters cause it was not effective. First, I want to thank the gentleman and shatter-resistant windows in hurricane- Another example of the effectiveness of from Florida. His kind and gentle prone areas; and building ‘‘safe rooms’’ in mitigation comes from my district. On July 4, words are typical of the way he has op- houses and buildings to protect people from 1999, a derecho, also known as a blow down, erated on the committee—always in high winds. struck the Boundary Waters Canoe Area Wil- the most collegial fashion when he Consideration of this bill today is crucial, as derness and downed millions of trees. This talks about the District of Columbia the PDM program is set to sunset with the ex- created a huge fire hazard. As a result, FEMA and its not experiencing what, for expiration of the current continuing resolution. mitigation funds were given to residents to in- ample, his own district does in Florida. Therefore, Congress must take quick action to stall outdoor sprinkler systems to protect I can only say we empathize with you continue this vital program. against wild fire. Unfortunately, in 2007, the in Florida and all over the country. We H.R. 1746, as amended, reauthorizes the Ham Lake Fire struck the area. Those struc- are all Americans; and every time that PDM program for three years, at a level of tures that had sprinkler systems were pro- we sat together in hearings, we were, of $180 million for fiscal year 2011, and $200 tected from the fire. Since that time, commu- course, cognizant of the fact that we million for each of fiscal years 2012 and 2013. nities in that area have sought and have been were dealing with issues that affected The bill increases the minimum amount that awarded more than $3 million of PDM funds to the entire country. each state receives under the program from help protect other structures from this con- It has been a great pleasure to work $500,000 to $575,000, and codifies the com- tinuing risk of fire. with the ranking member. We worked petitive selection process of the program, as Mitigation is an investment. It is an invest- together on each and every bill. I can- currently administered by FEMA. ment that not only benefits the Federal Gov- not think of a single bill on which we In 1988, the Committee on Transportation ernment, but State and local governments as found a disagreement, where we had and Infrastructure authorized FEMA’s Hazard well. Projects funded by the PDM program re- something that we wanted to change Mitigation Grant Program. This effective produce the damage that would be paid for by and where we didn’t discuss it or staff gram provides grants to communities to miti- the Federal Government for a major disaster didn’t discuss it. gate hazards, but only provides grants to under the Stafford Act. However, mitigation I know Mr. OBERSTAR would very ‘‘build better’’ after a disaster. At the time, no also reduces the risks from smaller, more fre- much appreciate your remarks as well. program existed to help communities mitigate quent events that State and local governments He is a one-of-a-kind chairman who had risks from all hazards before disaster strikes. face every day. been here as a staff member with enor- In the 1990s, under the leadership of FEMA The PDM program takes citizens out of mous influence, and then he became a Administrator James Lee Witt, FEMA devel- harm’s way, by elevating a house or making chairman with outsized influence as oped a PDM pilot program known as ‘‘Project sure a hospital can survive a hurricane or well. Impact’’, which was a predecessor program to earthquake. In doing so, it allows first re- I understand that my good friend Mr. the current PDM program. Congress appro- sponders to focus on what is unpredictable in DIAZ-BALART thinks he has found priated funds for Project Impact in each of fis- a disaster rather than on what is foreseeable sunnier shores on another committee, cal years 1997 through 2001. and predictable.

VerDate Mar 15 2010 05:47 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00030 Fmt 4634 Sfmt 9920 E:\CR\FM\K21DE7.042 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 21, 2010 CONGRESSIONAL RECORD — HOUSE H8817 H.R. 1746, as amended, eliminates the ex- amendment to the bill (H.R. 2142) to re- ignee shall consult with the minority isting sunset in the program. As the evidence quire quarterly performance assess- leader or his designee on the designa- clearly shows, this program works well and is ments of Government programs for tion of any matter for consideration cost effective. It should no longer be treated purposes of assessing agency perform- pursuant to section 2 of the rule. as a pilot program with a sunset. Rather, State ance and improvement, and to estab- Madam Speaker, I reserve the bal- and local governments should have the cer- lish agency performance improvement ance of my time. tainty of knowing this program will be available officers and the Performance Improve- Mr. SESSIONS. Good morning, in the future to enable them to focus their ef- ment Council, which was referred to Madam Speaker. Welcome to this week forts on critical, long-term mitigation planning. the House Calendar and ordered to be of Christmas. The Obama administration has specifically printed. I yield myself such time as I may requested that Congress reauthorize the PDM f consume. program and this legislation has been en- I want to thank the gentleman from dorsed by the National Association of Coun- WAIVING REQUIREMENT OF Massachusetts, my friend Mr. MCGOV- ties, International Association of Emergency CLAUSE 6(a) OF RULE XIII WITH ERN, the vice chairman of the Rules Managers, the Association of State Floodplain RESPECT TO CONSIDERATION OF Committee, for bringing this martial Managers, the National Emergency Manage- CERTAIN RESOLUTIONS, AND law rule to the floor of the House of ment Association, the National Association of PROVIDING FOR CONSIDERATION Representatives today. OF MOTIONS TO SUSPEND THE Flood and Stormwater Management Agencies, b 1220 and the American Public Works Association. RULES Madam Speaker, the 111th Congress This bill passed the House more than a year Mr. MCGOVERN. Madam Speaker, by and a half ago with overwhelming bipartisan direction of the Committee on Rules, I is in its final days, or so the body support. The legislation passed the other body call up House Resolution 1771 and ask hopes. The rule before us today pro- last night by unanimous consent. I would like for its immediate consideration. vides for an expedited same-day consideration of all legislation brought for- to thank Senator JOSEPH LIEBERMAN and Sen- The Clerk read the resolution, as fol- ward until Christmas Eve and extends ator SUSAN M. COLLINS for their persistent ef- lows: suspension authority for that same pe- forts to clear this legislation through the other H. RES. 1771 body. riod. This martial law rule consists of Waiving a requirement of clause 6(a) of rule the ability of the Democrats to bring 4 I urge my colleagues to join me in sup- XIII with respect to consideration of certain porting H.R. 1746, as amended, the resolutions reported from the Committee on more days of expedited consideration ‘‘Predisaster Hazard Mitigation Act of 2010’’. Rules, and providing for consideration of moon top of the 11 days my colleagues Ms. NORTON. Madam Speaker, I tions to suspend the rules. gave themselves on the 8th of Decem- yield back the balance of my time. Resolved, That the requirement of clause ber. The SPEAKER pro tempore. The 6(a) of rule XIII for a two-thirds vote to con- This Congress has seen a record num- question is on the motion offered by sider a report from the Committee on Rules ber of restrictive rules over the past 2 the gentlewoman from the District of on the same day it is presented to the House years. In fact, we have not debated one is waived with respect to any resolution re- Columbia (Ms. NORTON) that the House open rule in this Congress. I don’t be- ported through the legislative day of Decem- lieve that closing debate, limiting suspend the rules and concur in the ber 24, 2010. Senate amendment to the bill, H.R. SEC. 2. It shall be in order at any time amendments, and shutting down Demo- 1746. through the legislative day of December 24, crats and Republicans out of their The question was taken; and (two- 2010, for the Speaker to entertain motions thoughtful solutions on the House floor thirds being in the affirmative) the that the House suspend the rules. The Speak- is what we were promised by Speaker rules were suspended and the Senate er or her designee shall consult with the Mi- PELOSI. Speaker PELOSI openly told the amendment was concurred in. nority Leader or his designee on the designa- American people that she would run tion of any matter for consideration pursu- the most open, honest, and ethical Con- A motion to reconsider was laid on ant to this section. the table. gress. Madam Speaker, I would say to The SPEAKER pro tempore. The gen- f you that as we started, so are we end- tleman from Massachusetts is recog- ing, in chaos. REPORT ON RESOLUTION PRO- nized for 1 hour. It seems like every time I come to VIDING FOR CONSIDERATION OF Mr. MCGOVERN. For the purpose of the House floor I point out that my SENATE AMENDMENT TO H.R. debate only, I yield the customary 30 Democrat colleagues are using an un- 5116, AMERICA COMPETES REAU- minutes to the gentleman from Texas precedented, restrictive, and closed THORIZATION ACT OF 2010; PRO- (Mr. SESSIONS). All time yielded during process. This is not what the American VIDING FOR CONSIDERATION OF consideration of the rule is for debate people wanted, and I believe the Amer- SENATE AMENDMENTS TO H.R. only. I yield myself such time as I may ican people truly do want their Mem- 2751, FDA FOOD SAFETY MOD- consume. ber of Congress to be able to come to ERNIZATION ACT; AND PRO- GENERAL LEAVE Washington, DC, to fully participate in VIDING FOR CONSIDERATION OF Mr. MCGOVERN. I also ask unani- the process. And unfortunately, we find SENATE AMENDMENT TO H.R. mous consent that all Members be ourselves here again today with Mem- 2142, GPRA MODERNIZATION ACT given 5 legislative days in which to re- bers simply sitting back in their of- OF 2010 vise and extend their remarks on House fices, wondering and waiting what is Mr. MCGOVERN, from the Com- Resolution 1771. next, what are we even debating, what mittee on Rules, submitted a privi- The SPEAKER pro tempore. Is there are we doing, rather than being ac- leged report (Rept. No. 111–692) on the objection to the request of the gen- tively involved in this democratic resolution (H. Res. 1781) providing for tleman from Massachusetts? process. Madam Speaker, that’s why consideration of the Senate amend- There was no objection. people came to Congress. ment to the bill (H.R. 5116) to invest in Mr. MCGOVERN. Madam Speaker, This Congress has managed to rack innovation through research and devel- House Resolution 1771 waives the re- up a record $1.4 trillion deficit in 2009, opment, to improve the competitive- quirement of clause 6(a) of rule XIII, more than three times the size of the ness of the United States, and for other requiring a two-thirds vote to consider deficit in 2008, and it hit a $1.3 trillion purposes; providing for consideration of a rule on the same day it is reported deficit this year. Additionally, we have the Senate amendments to the bill from the Rules Committee. This would seen unemployment at or above 9.5 per- (H.R. 2751) to accelerate motor fuel allow for the same-day consideration of cent across this country for over 18 savings nationwide and provide incen- any resolution reported through the consecutive months and a national tives to registered owners of high pol- legislative day of December 24, 2010. debt that has now ballooned to $13.4 luting automobiles to replace such The resolution allows the Speaker to trillion, and yet we see no end to the automobiles with new fuel efficient and entertain motions to suspend the rules spending, which is evident by the rule less polluting automobiles; and pro- through the legislative day of Decem- that we are here discussing today. No viding for consideration of the Senate ber 24, 2010. The Speaker or her des- discipline; no feedback from Members,

VerDate Mar 15 2010 07:12 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\A21DE7.080 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8818 CONGRESSIONAL RECORD — HOUSE December 21, 2010 Members of this body coming faithfully ess which is prepared for the future and b 1230 to do their job, not even knowing what prepared for Members to fully partici- Donald Trump gets another tax cut, is happening and what is next, purely pate. unpaid for; and guess what, that debt I yield back the balance of my time. speculation. No sharing of information; gets piled on the backs of my kids and Mr. MCGOVERN. Madam Speaker, I no plan that can be executed based the kids of every American in this regret that the gentleman from Texas upon the Members of this body under- country. It is just not right. standing what we’re doing, where we’re will not support this rule so that we can move our legislative business for- I think the American people are be- going, and what is next. ginning to realize that their real goal Madam Speaker, if there ever was a ward, but I’m not surprised because, is to go after domestic spending in an time when the American people need to quite frankly, his party, the Repub- unprecedented way—Social Security, know what the plan is and Members of lican Party, has had one goal since Medicare, programs that benefit the Congress need to know what the plan is President Obama became President of most vulnerable in our country. They it would be now. It would be now for us the United States, and that is to ob- will launch an unprecedented war to determine not only how to have fis- struct and delay everything, and that’s against the poor in this country. We cal restraint, but also, a majority who what they’ve tried to do. are going to see early on what their offered leadership, leadership on a The gentleman talks about democ- real agenda is. And I bet, Madam budget process, leadership on a trans- racy. Well, I think the American people Speaker, as polls will reveal, it is not parency process, leadership on the abil- are scratching their head as they see what the American people had in mind. ity for Members of Congress to come what’s happening over in the Senate So, again, I regret that the Repub- and effectively represent their district where a minority, not a majority, but a licans continue to want to do the same and, perhaps more importantly, not minority determines the agenda. A mi- old, same old which is to delay and ob- just a budget that was never produced, nority can hold legislation from com- struct and put off and put off. But I how about an appropriations bill that ing to the floor. That’s not the democ- think we need to pass this rule. was properly done. racy that most people believe our gov- Every single business that I know ernment is about. I urge a ‘‘yes’’ vote on the previous of—State and local government, fami- I’d also say to the gentleman that we question and on the rule. lies, schools—everybody has a budget. look forward to the next legislative I yield back the balance of my time, Even nonprofits who try and work in year, and we look forward to the gen- and I move the previous question on the best interest of a smaller group of tleman and his party becoming the the resolution. people recognize you’ve got to have a leaders of this House. And as someone The previous question was ordered. plan. That’s an exception for this Fed- who has been on the Rules Committee, The SPEAKER pro tempore. The eral Government. It’s an exception by both in the majority and minority, I question is on the resolution. this Congress, and that is not leader- don’t recall a single instance when the The question was taken; and the ship. gentleman, when his party was in Speaker pro tempore announced that As the chairman of the Budget Com- power, ever voted against a closed rule the ayes appeared to have it. mittee once said, If you can’t budget, proposed by the Republican then-ma- Mr. SESSIONS. Madam Speaker, on you cannot govern. I think he’s right. jority, but we will see what happens. that I demand the yeas and nays. That’s exactly the truth of what Chair- And I will also say, Madam Speaker, The yeas and nays were ordered. man JOHN SPRATT said. And if the shoe that one of the things I think that the The SPEAKER pro tempore. Pursu- fits, we’re wearing it right now. Unfor- American people are now beginning to ant to clause 8 of rule XX, this 15- tunately, we’ve come to expect this be- realize is that the Republicans are not minute vote on House Resolution 1771 havior from this majority, but, once at all serious about fiscal discipline. will be followed by a 5-minute vote on again, there is always tomorrow. Re- You know, I remind everybody that suspending the rules with regard to publicans have made a pledge to Amer- when Bill Clinton was President, we H.R. 6540. ica, and we intend to keep it. had record job creation and we had his- The vote was taken by electronic de- I am happy to report that very soon, torical fiscal restraint. We actually vice, and there were—yeas 199, nays on or about January 5, 2011, there will eliminated the deficit and started pay- 151, not voting 83, as follows: be a significant course correction in ing down the debt. [Roll No. 657] this House of Representatives. Mem- When George Bush and the Repub- YEAS—199 bers will be expected to, and allowed licans then took over, what ended up to, read legislation before they cast happening is they took this record sur- Ackerman Critz Hare Altmire Crowley Harman their votes, take part in the activities plus and turned it into historic debt. Andrews Cuellar Hastings (FL) of not only their committees, but also And how did they do it? Well, they did Baldwin Cummings Heinrich come to the Rules Committee with it through a number of things. Unpaid- Barrow Dahlkemper Higgins for wars is one of them. The other is a Bean Davis (CA) Hill their ideas to take part in the process Becerra Davis (TN) Himes that they want to do. Medicare prescription drug bill that, by Berkley DeFazio Hinchey I think open rules will make a trium- the way, nobody here had a chance to Berman DeGette Hinojosa phant return to the House floor, and read, that was voted on in the middle Bishop (GA) DeLauro Hirono Bishop (NY) Dicks Holden elected Representatives, Members of of the night. They kept the vote open 3 Boccieri Dingell Holt Congress, will have a chance to fully hours so that people’s arms could be Boren Doggett Hoyer contribute in this legislative process. twisted, but it cost twice as much as Boswell Donnelly (IN) Inslee anybody thought it was going to cost, Boucher Driehaus Israel It does not make me happy when I rec- Boyd Edwards (MD) Jackson (IL) ognize that there is no Member, fresh- not paid for. Brady (PA) Edwards (TX) Jackson Lee man Member of this body, who has not, But the thing that really broke the Braley (IA) Engel (TX) for the last 2 years, seen this body bank was their unprecedented tax cuts Brown, Corrine Eshoo Johnson (GA) Butterfield Etheridge Johnson, E. B. work the way it was designed—a legis- and giveaways to the wealthiest indi- Capps Farr Kagen lative process that would be open, a viduals in this country, not paid for, Capuano Fattah Kanjorski legislative process that would be eth- not paid for. And sadly, Madam Speak- Cardoza Filner Kaptur er, the Republicans in the Senate held Carnahan Foster Kildee ical, and a legislative process that Carney Frank (MA) Kilroy would be transparent for people. unemployment compensation, benefits Carson (IN) Fudge Kind So here we are, once again, the week to the millions of people in this coun- Castor (FL) Garamendi Kirkpatrick (AZ) before Christmas. I can handle that. try who are unemployed through no Chandler Giffords Kissell Clarke Gonzalez Klein (FL) I’m here ready to work but, like the fault of their own, held that hostage so Clay Gordon (TN) Kosmas rest of my colleagues, waiting for a they could get their tax cuts for the Cleaver Green, Al Kucinich small cadre of people to let us in on the rich. And those tax cuts for the rich, by Cohen Green, Gene Langevin plan. the way, Madam Speaker, are not paid Conyers Grijalva Larsen (WA) Cooper Gutierrez Larson (CT) I urge my colleagues to vote ‘‘no’’ on for, not a single offset to pay for those Costa Hall (NY) Levin this rule. We’ve got to return to a proc- tax cuts for the rich. Courtney Halvorson Lewis (GA)

VerDate Mar 15 2010 05:47 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\K21DE7.045 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 21, 2010 CONGRESSIONAL RECORD — HOUSE H8819 Loebsack Olver Scott (VA) Honda McMorris Salazar Fudge Luja´ n Ros-Lehtinen Lowey Owens Serrano Inglis Rodgers Sanchez, Loretta Gallegly Lummis Roskam Luja´ n Pallone Sestak Johnson, Sam Meek (FL) Schock Garamendi Lungren, Daniel Ross Lynch Pascrell Sherman Jones Melancon Shea-Porter Gerlach E. Rothman (NJ) Maffei Payne Skelton Kennedy Miller, Gary Sires Giffords Lynch Roybal-Allard Maloney Perlmutter Slaughter Kilpatrick (MI) Minnick Smith (WA) Gingrey (GA) Mack Royce Markey (CO) Peters Snyder King (NY) Mitchell Stark Gohmert Maffei Ruppersberger Markey (MA) Peterson Space Lee (CA) Murphy (NY) Stearns Gonzalez Maloney Ryan (WI) Marshall Pingree (ME) Speier Neal (MA) Tanner Goodlatte Manzullo Linder Sa´ nchez, Linda Matheson Polis (CO) Spratt Nunes Wasserman Gordon (TN) Markey (CO) Lipinski T. Matsui Pomeroy Stupak Ortiz Schultz Graves (GA) Markey (MA) Lofgren, Zoe Sarbanes McCollum Price (NC) Sutton Pastor (AZ) Waters Graves (MO) Marshall Schakowsky McDermott Quigley Teague Marchant Paulsen Weiner Green, Al Matheson McCarthy (CA) Schauer McGovern Rahall Thompson (CA) Radanovich Welch Green, Gene Matsui Schiff McIntyre Rangel Thompson (MS) McCarthy (NY) Reyes Young (AK) Grijalva McCaul McMahon Schmidt McNerney Richardson Tierney Rush Young (FL) Guthrie McCollum Schrader Meeks (NY) Rodriguez Titus Gutierrez McCotter Schwartz Michaud Ross Tonko Hall (NY) McDermott b 1300 Scott (GA) Miller (NC) Rothman (NJ) Towns Hall (TX) McGovern Scott (VA) Miller, George Roybal-Allard Tsongas Messrs. DENT, TERRY, DANIEL E. Halvorson McHenry Sensenbrenner Mollohan Ruppersberger Van Hollen Hare McIntyre LUNGREN of California, KING of Iowa, Serrano Moore (KS) Ryan (OH) Vela´ zquez Harman McKeon and MCCAUL changed their vote from Moore (WI) Sa´ nchez, Linda Visclosky Hastings (FL) McNerney Sessions Moran (VA) T. Walz ‘‘yea’’ to ‘‘nay.’’ Hastings (WA) Meeks (NY) Sestak Murphy (CT) Sarbanes Watson Mrs. MALONEY changed her vote Heinrich Mica Shea-Porter Sherman Murphy, Patrick Schakowsky Watt from ‘‘nay’’ to ‘‘yea.’’ Higgins Michaud Nadler (NY) Schauer Waxman Hill Miller (MI) Shimkus Napolitano Schiff Wilson (OH) So the resolution was agreed to. Himes Miller (NC) Shuler Nye Schrader Woolsey The result of the vote was announced Hinchey Miller, George Shuster Oberstar Schwartz Wu as above recorded. Hinojosa Mollohan Simpson Skelton Obey Scott (GA) Yarmuth A motion to reconsider was laid on Hirono Moore (KS) Hoekstra Moore (WI) Smith (NE) NAYS—151 the table. Holden Moran (KS) Smith (NJ) Smith (TX) Aderholt Gingrey (GA) Perriello Holt Moran (VA) f Snyder Akin Gohmert Petri Hoyer Murphy (CT) Space Alexander Goodlatte Pitts Hunter Murphy, Patrick Inslee Murphy, Tim Speier Austria Graves (GA) Platts DEFENSE LEVEL PLAYING FIELD Israel Myrick Spratt Bachus Graves (MO) Poe (TX) ACT Issa Nadler (NY) Stupak Bartlett Guthrie Posey The SPEAKER pro tempore (Mr. Jackson (IL) Napolitano Sullivan Biggert Hall (TX) Price (GA) Jackson Lee Neugebauer Sutton Bilbray Harper Putnam HOLDEN). The unfinished business is the (TX) Nye Taylor Bilirakis Hastings (WA) Reed vote on the motion to suspend the Jenkins Oberstar Teague Bishop (UT) Hensarling Rehberg rules and pass the bill (H.R. 6540) to re- Johnson (GA) Obey Terry Blackburn Herger Reichert quire the Secretary of Defense, in Johnson (IL) Olson Thompson (CA) Blunt Hoekstra Roe (TN) Johnson, E. B. Olver Thompson (MS) Boehner Hunter Rogers (AL) awarding a contract for the KC–X Aer- Jordan (OH) Owens Thompson (PA) Bonner Issa Rogers (KY) ial Refueling Aircraft Program, to con- Kagen Pallone Thornberry Bono Mack Jenkins Rogers (MI) Boozman Johnson (IL) sider any unfair competitive advantage Kanjorski Pascrell Tiahrt Rohrabacher Boustany Jordan (OH) that an offeror may possess, on which Kaptur Payne Tiberi Rooney Brady (TX) King (IA) Kildee Pence Tierney Ros-Lehtinen the yeas and nays were ordered. Broun (GA) Kingston Kilroy Perlmutter Titus Roskam The Clerk read the title of the bill. Kind Perriello Brown (SC) Kline (MN) Tonko Royce King (IA) Peters Buchanan Kratovil The SPEAKER pro tempore. The Towns Ryan (WI) Kingston Peterson Burgess Lamborn question is on the motion offered by Tsongas Scalise Kirkpatrick (AZ) Petri Burton (IN) Lance Turner Schmidt the gentleman from Washington (Mr. Kissell Pingree (ME) Cantor Latham Upton Capito LaTourette Sensenbrenner INSLEE) that the House suspend the Klein (FL) Pitts Sessions Kline (MN) Platts Van Hollen Carter Latta rules and pass the bill. Vela´ zquez Cassidy Lee (NY) Shadegg Kosmas Poe (TX) Shimkus This will be a 5-minute vote. Kratovil Polis (CO) Visclosky Castle Lewis (CA) The vote was taken by electronic de- Walden Chaffetz LoBiondo Shuler Lamborn Pomeroy Shuster vice, and there were—yeas 325, nays 23, Lance Posey Walz Childers Lucas Wamp Coffman (CO) Luetkemeyer Simpson not voting 85, as follows: Langevin Price (GA) Smith (NE) Larsen (WA) Price (NC) Watson Cole Lummis [Roll No. 658] Watt Conaway Lungren, Daniel Smith (NJ) Larson (CT) Putnam Waxman Davis (KY) E. Smith (TX) YEAS—325 Latham Quigley Stutzman LaTourette Rahall Weiner Dent Mack Ackerman Butterfield Davis (KY) Sullivan Latta Rangel Welch Diaz-Balart, M. Manzullo Akin Cantor Davis (TN) Taylor Lee (NY) Reed Westmoreland Djou McCaul Altmire Capito DeFazio Terry Levin Rehberg Whitfield Dreier McClintock Andrews Capps DeGette Thompson (PA) Lewis (CA) Reichert Wilson (OH) Duncan McCotter Austria Capuano DeLauro Thornberry Lewis (GA) Richardson Wilson (SC) Ehlers McHenry Baldwin Cardoza Dent Tiahrt LoBiondo Rodriguez Wittman Emerson McKeon Barrow Carnahan Diaz-Balart, M. Tiberi Loebsack Roe (TN) Wolf Flake Mica Bartlett Carney Dicks Turner Lowey Rogers (MI) Woolsey Fleming Miller (FL) Bean Carson (IN) Dingell Upton Lucas Rohrabacher Wu Forbes Miller (MI) Becerra Carter Djou Walden Luetkemeyer Rooney Yarmuth Fortenberry Moran (KS) Berkley Castle Doggett Foxx Murphy, Tim Wamp Biggert Castor (FL) Donnelly (IN) NAYS—23 Franks (AZ) Myrick Westmoreland Bilbray Chaffetz Dreier Frelinghuysen Neugebauer Whitfield Bilirakis Chandler Driehaus Aderholt Davis (AL) Miller (FL) Gallegly Olson Wilson (SC) Bishop (GA) Childers Duncan Alexander Flake Paul Garrett (NJ) Paul Wittman Bishop (NY) Clarke Edwards (MD) Bachus Fleming Rogers (AL) Gerlach Pence Wolf Blunt Clay Edwards (TX) Blackburn Garrett (NJ) Ryan (OH) Boccieri Cleaver Ehlers Bonner Harper Scalise NOT VOTING—83 Bono Mack Coffman (CO) Emerson Boustany Hensarling Shadegg Adler (NJ) Calvert Delahunt Boozman Cohen Engel Brady (TX) Herger Stutzman Arcuri Camp Deutch Boren Cole Eshoo Cassidy McClintock Baca Campbell Diaz-Balart, L. Boswell Conaway Etheridge Bachmann Cao Doyle Boucher Connolly (VA) Farr NOT VOTING—85 Baird Chu Ellison Boyd Conyers Fattah Adler (NJ) Bishop (UT) Campbell Barrett (SC) Clyburn Ellsworth Brady (PA) Cooper Filner Arcuri Blumenauer Cao Barton (TX) Coble Fallin Braley (IA) Costa Forbes Baca Boehner Chu Berry Connolly (VA) Granger Broun (GA) Courtney Fortenberry Bachmann Bright Clyburn Blumenauer Costello Grayson Brown (SC) Critz Foster Baird Brown-Waite, Coble Bright Crenshaw Griffith Brown, Corrine Cuellar Foxx Barrett (SC) Ginny Costello Brown-Waite, Culberson Heller Buchanan Cummings Frank (MA) Barton (TX) Buyer Crenshaw Ginny Davis (AL) Herseth Sandlin Burgess Dahlkemper Franks (AZ) Berman Calvert Crowley Buyer Davis (IL) Hodes Burton (IN) Davis (CA) Frelinghuysen Berry Camp Culberson

VerDate Mar 15 2010 05:47 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\A21DE7.028 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8820 CONGRESSIONAL RECORD — HOUSE December 21, 2010 Davis (IL) Kucinich Paulsen PROVIDING FOR CONSIDERATION b 1310 Delahunt Lee (CA) Radanovich OF SENATE AMENDMENT TO H.R. Deutch Linder Reyes The SPEAKER pro tempore. The gen- Diaz-Balart, L. Lipinski Rogers (KY) 5116, AMERICA COMPETES REAU- tleman from Massachusetts is recog- Doyle Lofgren, Zoe Rush THORIZATION ACT OF 2010; PRO- nized for 1 hour. Ellison Marchant Salazar VIDING FOR CONSIDERATION OF Ellsworth McCarthy (CA) Mr. MCGOVERN. Mr. Speaker, for Sanchez, Loretta SENATE AMENDMENTS TO H.R. Fallin McCarthy (NY) Schock the purpose of debate only, I yield the Granger McMahon Sires 2751, FDA FOOD SAFETY MOD- customary 30 minutes to the gentle- Grayson McMorris Slaughter ERNIZATION ACT; AND PRO- Griffith Rodgers woman from North Carolina, Dr. FOXX. Heller Meek (FL) Smith (WA) VIDING FOR CONSIDERATION OF All time yielded during consideration Herseth Sandlin Melancon Stark SENATE AMENDMENT TO H.R. of the rule is for debate only. I yield Hodes Miller, Gary Stearns 2142, GPRA MODERNIZATION ACT Tanner myself such time as I may consume. Honda Minnick OF 2010 Inglis Mitchell Wasserman GENERAL LEAVE Schultz Johnson, Sam Murphy (NY) Mr. MCGOVERN. Mr. Speaker, by di- Mr. MCGOVERN. I also ask unani- Jones Neal (MA) Waters rection of the Committee on Rules, I mous consent that all Members be Kennedy Nunes Young (AK) call up House Resolution 1781 and ask Kilpatrick (MI) Ortiz Young (FL) given 5 legislative days in which to re- King (NY) Pastor (AZ) for its immediate consideration. vise and extend their remarks on H. The Clerk read the resolution, as fol- Res. 1781. ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE lows: The SPEAKER pro tempore. Is there The SPEAKER pro tempore (during H. RES. 1781 the vote). There are 2 minutes remain- objection to the request of the gen- Resolved, That upon adoption of this reso- tleman from Massachusetts? ing in this vote. lution it shall be in order to take from the Speaker’s table the bill (H.R. 5116) to invest There was no objection. b 1306 in innovation through research and develop- Mr. MCGOVERN. Mr. Speaker, House Messrs. WESTMORELAND and KING ment, to improve the competitiveness of the Resolution 1781 provides for the consid- of Iowa changed their vote from ‘‘nay’’ United States, and for other purposes, with eration of the Senate amendment to to ‘‘yea.’’ the Senate amendment thereto, and to con- H.R. 5116, the America COMPETES Re- sider in the House, without intervention of authorization Act of 2010. The rule So (two-thirds being in the affirma- any point of order except those arising under tive) the rules were suspended and the clause 10 of rule XXI, a motion offered by the makes in order a motion offered by the bill was passed. chair of the Committee on Science and Tech- chair of the Committee on Science and The result of the vote was announced nology or his designee that the House concur Technology or his designee that the as above recorded. in the Senate amendment. The Senate House concur in the Senate amend- A motion to reconsider was laid on amendment shall be considered as read. The ment to H.R. 5116. The rule provides 1 the table. motion shall be debatable for one hour equal- hour of debate on the motion, equally ly divided and controlled by the chair and divided and controlled by the chair and f ranking minority member of the Committee on Science and Technology. The previous ranking minority member of the Com- PERSONAL EXPLANATION question shall be considered as ordered on mittee on Science and Technology. The rule waives all points of order against Mrs. MCMORRIS RODGERS. Mr. Speaker, the motion to its adoption without intervening motion. consideration of the motion except on rollcall No. 657 on H. Res. 1771, On SEC. 2. Upon adoption of this resolution it Agreeing to the Resolution, Waiving a require- those arising under clause 10 of rule shall be in order to take from the Speaker’s XXI. The rule provides that the Senate ment of clause 6(a) of Rule XIII with respect table the bill (H.R. 2751) to accelerate motor to consideration of certain resolutions reported fuel savings nationwide and provide incen- amendment shall be considered as read. from the Committee on rules, and providing for tives to registered owners of high polluting The rule also provides for consider- consideration of motions to suspend the rules, automobiles to replace such automobiles ation of the Senate amendments to with new fuel efficient and less polluting H.R. 2751, the FDA Food Safety Mod- I am not recorded because I was absent be- automobiles, with the Senate amendments cause I gave birth to my baby daughter. Had ernization Act. The rule makes in thereto, and to consider in the House, with- order a motion offered by the chair of I been present, I would have voted ‘‘nay.’’ out intervention of any point of order except Mr. Speaker, on rollcall No. 658 on H.R. those arising under clause 10 of rule XXI, a the Committee on Energy and Com- 6540, On Motion to Suspend the Rules and single motion offered by the chair of the merce or his designee that the House Pass, Defense Level Playing Field Act, I am Committee on Energy and Commerce or his concur in the Senate amendments to not recorded because I was absent because I designee that the House concur in the Senate H.R. 2751. The rule provides 1 hour of amendments. The Senate amendments shall debate on the motion, equally divided gave birth to my baby daughter. Had I been be considered as read. The motion shall be present, I would have voted ‘‘yea.’’ and controlled by the chair and rank- debatable for one hour equally divided and ing minority member of the Committee f controlled by the chair and ranking minority member of the Committee on Energy and on Energy and Commerce. The rule PERSONAL EXPLANATION Commerce. The previous question shall be waives all points of order against consideration of the motion except those Mr. STEARNS. Mr. Speaker, I was unavoid- considered as ordered on the motion to its adoption without intervening motion or de- arising under clause 10 of rule XXI. The ably detained and missed rollcall votes 657 mand for division of the question. rule provides the Senate amendments and 658. If I had been present, I would have SEC. 3. Upon adoption of this resolution it shall be considered as read. voted ‘‘no’’ on rollcall 657 and ‘‘yes’’ on rollcall shall be in order to take from the Speaker’s The rule also provides for the consid- 658. table the bill (H.R. 2142) to require quarterly performance assessments of Government pro- eration of the Senate amendment to f grams for purposes of assessing agency per- H.R. 2142, the GPRA Modernization Act PERSONAL EXPLANATION formance and improvement, and to establish of 2010. The rule makes in order a mo- agency performance improvement officers tion offered by the chair of the Com- Mr. ELLISON. Mr. Speaker, on December and the Performance Improvement Council, mittee on Oversight and Government 21, 2010, due to travel delays, I inadvertently with the Senate amendment thereto, and to Reform or his designee that the House missed rollcall Nos. 657 and 658. Had I been consider in the House, without intervention concur in the Senate amendment to present I would have voted ‘‘yes’’ on both roll- of any point of order except those arising under clause 10 of I rule XXI, a motion of- H.R. 2142. The rule provides 1 hour of calls. fered by the chair of the Committee on Over- debate on the motion, equally divided f sight and Government Reform or his des- and controlled by the chair and rank- ignee that the House concur in the Senate ing minority member of the Committee PERSONAL EXPLANATION amendment. The Senate amendment shall be on Oversight and Government Reform. Mr. GRAYSON. Mr. Speaker, on rollcall considered as read. The motion shall be de- The rule waives all points of order Nos. 657 and 658, I was absent because my batable for one hour equally divided and con- against consideration of the motion, trolled by the chair and ranking minority flight from Orlando had an equipment failure in member of the Committee on Oversight and except those arising under clause 10 of mid-flight and had to return to Orlando, result- Government Reform. The previous question rule XXI. Finally, the rule provides ing in a lengthy delay. Had I been present, I shall be considered as ordered on the motion that the Senate amendment be consid- would have voted ‘‘aye.’’ to its adoption without intervening motion. ered as read.

VerDate Mar 15 2010 05:47 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\A21DE7.029 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 21, 2010 CONGRESSIONAL RECORD — HOUSE H8821 Mr. Speaker, all three pieces of legis- Mr. Speaker, I believe that we can all get In PELOSI’s New Direction for Amer- lation deserve to be approved by this behind a bill that helps keep America driving ica, page 24, it states, ‘‘Bills should House. the pace of technology. generally come to the floor under a Mr. Speaker, today we will take up a rule I also believe that we can all get behind the procedure that allows open, full, and that helps this Congress complete the work final piece of this rule that allows for consider- fair debate consisting of a full amend- the American people sent us here to do. ation of H.R. 2142, the Government Efficiency, ment process that grants the minority It has been far too long since this Congress Effectiveness, and Performance Improvement the right to offer its alternatives, in- has addressed the issue of food safety. Each Act of 2010. cluding a substitute.’’ year, 76 million Americans are sickened from This bill requires each federal agency to It is clear that the House Democrats consuming contaminated food, more than draft plans that identify areas where the agen- on the Rules Committee have not lived 300,000 people are hospitalized, and 5,000 cy could improve its performance. At a time of up to this promise. Instead of allowing die. In just the last few years, there has been year when many of us are making resolutions sufficient time for debate on these sep- a string of food-borne illness outbreaks in to better ourselves and to rid ourselves of our arate measures which collectively au- foods consumed by millions of Americans bad habits, I think it’s fitting that Congress and thorize billions upon billions in new each day—from contaminated spinach to pea- our Federal government takes a look at itself spending and grant Federal regulators nut butter to cookie dough. to see where we can improve. even more overreaching power, the This bill puts a new focus on preventing Mr. Speaker, we were not sent here to be Democrat elites are arbitrarily pre- food contamination before it occurs—putting lame ducks. And this Congress has proven to senting us with one overarching closed new responsibilities on food producers and re- be anything but, despite attempts to slow or rule for three separate and enormous quiring them to develop a food safety plan and cut off the process. This Congress has been pieces of legislation. ensure the plan is working. one of the most productive in history—at a For those reasons, Mr. Speaker, I will By requiring importers to verify the safety of time when we need to be doing a little less urge my colleagues to vote ‘‘no’’ on the foreign suppliers and imported food, the Amer- nation-building around the world and more na- rule and ‘‘no’’ on the underlying bills. ican people can rest assured that the food tion-building here at home. These important they are eating is safe. And this bill allows the pieces of legislation will continue that produc- [From the Wall Street Journal, Nov. 30, 2010] FDA to initiate a mandatory recall of a food tive work. FEDERAL FREEZE PLAY product when a company fails to voluntarily re- I reserve the balance of my time. American Federation of Public Employees call the contaminated product upon FDA’s re- Ms. FOXX. I want to thank the gen- President John Gage yesterday derided quest. tleman from Massachusetts for yield- President Obama’s federal pay freeze as a Mr. Speaker, the American people have ing time, and I yield myself such time ‘‘slap at working people.’’ It might better be asked Congress to help keep them safe. The as I may consume. described as a small but symbollc first step Mr. Speaker, I rise today very dis- toward reining in a ballooning federal pay- text of this food safety legislation in H.R. 2751 roll that is a slap at the non-government is nearly identical to language passed by the turbed by the lack of respect the ruling workers who pay the bills. House in the continuing resolution on Decem- Democrat elites have shown for the Mr. Obama proposed a two-year pay freeze ber 8, 2010, and passed the Senate on No- will of the American people since elec- for all civilian federal employees, a move vember 30, 2010, by a bipartisan vote of 73– tion day. Having lost 63 seats in the that will save taxpayers $2 billion in fiscal 25. House and six seats in the Senate, one 2011 and $28 billion over five years. (Congress H.R. 2751, this stand-alone food safety leg- would think the liberal Democrat re- must approve it.) As cost-cutting goes, this islation, passed the Senate by voice vote on gime would think twice about con- is modest: The freeze doesn’t extend to new December 19, 2010. tinuing their reckless pattern of spend- hiring, bonuses or step increases. It doesn’t Mr. Speaker, this rule also provides for the ing that has been so overwhelmingly even match the three-year freeze recommended by the President’s deficit com- consideration of H.R. 5116, the America COM- rejected by the American voting pub- mission. But it is more than this Adminis- PETES Reauthorization Act of 2010. This bill lic. However, these Washington elites tration has ever been willing to consider, and invests in innovation through research and de- have spent their last days grasping it suggests that Mr. Obama, post-midterm- velopment, to improve the competitiveness of frantically to their waning power and shellacking, realizes he must show some the United States. continuing to spend, spend, spend, even willingness to restrain the growth of govern- Mr. Speaker, the jobs of the future will not in the final hours before Christmas. ment. just be found in the industries of the past. This rule is a slap in the face to the It certainly needs restraint. As the nearby They will be found in green technologies, bio- institutional integrity of Congress and table shows (see accompanying table—WSJ technology and advances in medical devices. the way this body is intended to oper- November 30, 2010), federal employment has This bill makes vital investments to keep ate. grown by a remarkable 17% since 2007 to an Mr. Speaker, I have an article that I estimated 2.1 million nonmilitary full-lime America competitive in the global economy. workers (excluding 600,000 postal workers). By making investments in the National would like to insert in the RECORD This is the largest federal work force since Science Foundation, the National Institute of from The Wall Street Journal of No- 1992, when civilian employment at the Pen- Science and Technology and the Department vember 30. This article talks about tagon began to shrink rapidly after the Cold of Energy’s Office of Science, America can be what has been happening since we have War. put on a path to double our research and de- come back into session, and I think it These federal employees operate in a pay- velopment capabilities in 10 years. is something that we need to be talk- and-benefit universe that no longer exists in This funding will support programs to assist ing about. the private economy. According to recent American manufacturers and create a loan Also, I want to say that rather than analyses by USA Today, total compensation guarantee program to support innovation in having conference committees meet to for federal workers has risen 37% over 10 years—after inflation—compared to 8.8% for manufacturing. It will also support research work out the differences between the private workers. Federal workers earned av- and internship opportunities for high school House and Senate versions of bills, erage compensation of $123,000 in 2009, double and undergraduate students, increase grad- Democratic leaders have waited until the private average of $61,000. Unions like to uate fellowships supported by NSF and DOE, the last minute and the House will now argue that federal jobs are unique, yet in oc- and encourage students studying in Science, concur with the Senate-passed meas- cupations that exist both in government and Technology, Engineering and Math areas to ures, sending them to the President. the private economy—nurses, surveyors, pursue teaching credentials, increasing the Thus far in the 111th Congress, only janitors, cooks—the federal government pays pool of qualified teachers for the next genera- 11 conference reports were considered 20% more than private firms. in the House and 25 amendments be- Voters have swept GOP reformers like New tion of young innovators. It will also promote Jersey’s Chris Christie and Wisconsin’s Scott productivity and economic growth by forming tween the House and the Senate, which Walker into gubernatorial office precisely to an Office of Innovation and Entrepreneurship denies the minority a motion to recom- rein in bloated public-employee pensions and to foster innovation and the commercialization mit. In the 109th Congress, 25 con- salaries. If Mr. Obama is serious about cut- of new technologies, products, processes, and ference reports were considered and ting spending, his pay freeze needs to be an services. only one amendment between the opening bid for a leaner, more modestly com- The Senate took up H.R. 5116, the America Houses, on which the Rules Committee pensated, federal work force. COMPETES Reauthorization on December made a motion to recommit in order. With that, Mr. Speaker, I yield 5 17, 2010, and passed it with an amendment The 109th was when the Republicans minutes to my distinguished colleague by unanimous consent. were last in control. from Oklahoma (Mr. LUCAS).

VerDate Mar 15 2010 05:47 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\K21DE7.052 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8822 CONGRESSIONAL RECORD — HOUSE December 21, 2010 Mr. LUCAS. Mr. Speaker, once again conduct a conference with the House, new government programs, many that I must rise in opposition to this rule to claiming there wasn’t enough time. are not associated with research and reconsider the Senate language from S. The Senate continues to offer its bill to development, and others that are dupli- 510, the Food Safety Modernization us on a take-it-or-leave-it basis. cative and unnecessary. This is plain Act—now contained in H.R. 2751, a bill Mr. Speaker, we’ve had nearly a wrong, Mr. Speaker. related to the Cash for Clunkers pro- month in which this side of the aisle It’s worth recalling that when H.R. gram. was ready, willing, and able to sit down 5116 was originally considered by Con- As I have stated before, I believe our and resolve our issues and to move for- gress earlier this year, Republicans at- Nation has the safest food supply in ward. Unfortunately, the majority tempted to make several constructive the world. I also believe that we must leadership in this season of giving has changes which were systematically continually examine our food produc- chosen to once again bypass the nor- blocked by the ruling liberal majority. tion and regulatory system and move mal legislative process, exclude nearly One of these changes would have saved forward with changes that improve every Member of this body, other than billions of taxpayer dollars by reducing food safety. a select few in the Speaker’s inner cir- the authorization levels to FY 2010 lev- I am very disappointed in the process cle, and ram this legislation that, for els and freezing them for 3 years. How- by which this legislation is being con- all intents and purposes, could have ever, in an effort to obstruct Repub- sidered. What we have here is another been a bipartisan victory. Instead, licans, the liberal Democrat elites did expansion of Federal power without what we’re left with is another exam- the American people disservice by benefit of thorough consideration. This ple of the sort of nonsense that the vot- using a series of parliamentary tricks is the stimulus bill, cap-and-trade, and ers of America rejected just a few to shove their bill through without al- the health care bill all over again. weeks ago. This is no way to do busi- lowing any Republican input. The House version of this legislation ness, and our constituents were not Mr. Speaker, in these difficult eco- was rolled out in draft form and subtle when they spoke last November. nomic times, American families across marked up in the Energy and Com- Mr. Speaker, let me return to where the country are tightening their belts merce Committee over a couple of I started. We have the safest food sup- and cutting their spending. Why then weeks during the summer of 2009. Dur- ply in the world. Anyone who follows are the Democratic elites increasing ing all that time, members of the current events knows that our food- spending by $22 billion with this legis- House Agriculture Committee stood producing system faces ongoing safety lation and creating new duplicative ready and willing to work on this legis- challenges. Unfortunately, neither this government programs? The American lation. It is unfortunate that, despite a legislation nor the process by which it taxpayers cannot afford this bill. clear jurisdictional claim, the House is being considered will address those The second bill encompassed by this Agriculture Committee did not demand challenges. Our Nation’s farmers, closed rule which the Democrat elites that the bill be referred, conduct hear- ranchers, packers, processors, retailers have brought before us today is H.R. ings on its provisions, and work our and, most importantly, consumers de- 2751, the FDA Food Safety Moderniza- will to make improvements. serve better. tion Act, again, which my colleague During the committee hearing in the I urge all of my colleagues to vote from Oklahoma (Mr. LUCAS) has spoken summer of 2009 on the general topic of ‘‘no’’ on this rule. on so eloquently. This bill increases food safety, not a single producer wit- Mr. MCGOVERN. Mr. Speaker, I don’t spending by $1.4 billion, subsequently ness would support the bill. It was a want to prolong this debate, but if I increasing the price of food and in- stunning failure to fulfill our legisla- could just make a couple of observa- creasing the size of government with- tive responsibilities. Despite this, the tions in the aftermath of the gentle- out actually improving food safety. House Democratic leadership chose to man’s speech. I should remind my col- This hastily considered closed rule attempt to pass this legislation under a leagues that each year, 76 million provides for consideration of yet an- suspension of the rules. Because of the Americans are sickened by contami- other bill, H.R. 2142, the Government flawed legislative process and lingering nated food that they consumed. More Efficiency, Effectiveness, and Perform- concerns about the contents of the bill, than 300,000 of them are hospitalized ance Act of 2010, which is so riddled it was defeated. Failing to learn the and more than 5,000 each year die. with problems that last week it failed lesson of that vote, within days, the We’ve heard about tainted eggs, taint- to garner the votes necessary to pass leadership subsequently secured a ed spinach, tainted peanut butter, under a suspension of the rules. Instead closed rule denying Members the op- tainted cookie dough. We haven’t up- of taking this as an opportunity to fix portunity to participate in the legisla- dated our food safety laws in decades. the flaws and address the other con- tive process and rammed it through the So here’s the deal. If you want to do cerns prompting the bill’s failure, the House in the summer of 2009. a better job of protecting the American ruling liberal Democrats predictably consumer, you will have an oppor- chose to ram it through by any means b 1320 tunity, if you vote for this rule, to vote necessary. And since they’ve wasted so They sent the legislation to the Sen- for the food safety bill. If you don’t, much time tilting at windmills, they ate, where it languished for over a then vote down the rule and vote find themselves here in the waning year. against the bill when it comes up. days of this lame duck Congress scram- In the closing days of Congress, the I reserve the balance of my time. bling to address issues that should’ve Senate sent us its version of food safe- Ms. FOXX. Mr. Speaker, I yield my- been dealt with through a responsible ty legislation with an unconstitutional self such time as I may consume. legislative process. revenue measure, which effectively Mr. Speaker, Mr. LUCAS has spoken As they wait for the Senate to act, killed the bill. Then the House leader- very eloquently about one piece of the they’re refusing to yield any free mo- ship won another closed rule, which legislation rolled into this rule. I would ment to pursue one of their last oppor- prohibited any reasonable debate on like to speak about all three of them, tunities to slam through another so- the provisions of the legislation and briefly. One piece is H.R. 5116, the called rule—unworthy even to be called sent it back to the Senate in a mam- COMPETES Act, a behemoth, author- a rule—providing for consideration of moth, irresponsible, long-term con- izing nearly $86 billion, which is $22 bil- flawed legislation, such as H.R. 2142. tinuing resolution, which failed in the lion above the fiscal 2010 base amount This bill would amend the Govern- Senate. and $8 billion above the original 10- ment Performance and Results Act of So now the Senate sent its bill back year ‘‘doubling path.’’ This is in addi- 1993, GPRA, a law which currently re- to us as a free-standing measure. This tion to the nearly $5 billion in addi- quires agencies to develop 5-year stra- time, it’s stuffed into a Cash for tional funding that was provided in the tegic plans, annual performance plans, Clunkers bill in order to once again by- so-called ‘‘stimulus’’ bill. and actual program performance re- pass any reasonable debate. And here When H.R. 5116 was authorized in ports. Unfortunately, under the rules we are again with the same legislation 2007, it enacted approximately 40 new of debate provided for by this rule, the negotiated outside of regular order. programs. The new spending under ruling Democrat majority refuses to The Senate was originally unwilling to H.R. 5116 would create at least seven allow Members to offer these types of

VerDate Mar 15 2010 05:47 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\K21DE7.054 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 21, 2010 CONGRESSIONAL RECORD — HOUSE H8823 real reform ideas or any other amend- formance measures optional. This The other bill that is so radical, ac- ments, leaving this legislation unlikely would be like, Mr. Speaker, letting stu- cording to my colleague on the Repub- to do anything to change the incen- dents set the criteria for getting their lican side of the aisle, is called the tives facing decision-makers and will own grades, and we all know that Government Efficiency, Effectiveness, not end the perpetual funding of failing doesn’t work very well. and Performance Improvement Act. Federal programs. Strangely enough, also in the proc- What does this bill do? As has been made perfectly clear to ess, the bill directs agencies to ‘‘iden- It basically says to agencies and de- the ruling liberal Democrat leadership, tify low-priority program activities,’’ partments, look, you need to work to many are concerned that although which is ridiculous because, even if come up with a plan to prevent unnec- there’s no cost estimate available for agencies had an incentive to label their essary and wasteful spending and to this version of the bill, it authorizes own programs as ‘‘low priority,’’ they help eliminate Federal Government $75 million over 5 years to establish do not. This begs the question of why waste by working with us to help us agency performance officers and inter- such programs are funded at all. find where those wasteful areas are. agency councils, but does not contain Mr. Speaker, the evidence is in. The Now, this is what is causing such an effective means to consolidate or liberal Democrat agenda has failed. consternation on the other side of the eliminate ineffective programs at each They need to go back to the drawing aisle? I mean, rather than just taking a agency. If you add the 17,800 employees board and come back to the American meat ax and saying an arbitrary per- that the food safety bill is contem- people with real solutions to their real centage cut across the board, what this plating and then the new employees problems. This isn’t the time to dither bill says is let’s think about what we’re that will be required under the GPRA and blame the Republican minority for doing. Maybe we can cut 5 percent; bill, we are adding to the number of the disappointing collapse of govern- maybe we can cut 10 percent; maybe we Federal employees. But we should be ance we have seen since the liberal ma- can cut even more. decreasing the number of Federal em- jority seized control of Congress in Well, let’s do this in a sensible way ployees. 2007. where we don’t adversely impact serv- I urge my colleagues to take this op- I want to talk a minute about what ices that directly impact the American portunity to force the ruling liberal has happened in terms of Federal em- people for the good. Let’s have a plan. Democrats to rethink their misguided ployees since the Democrats took over Let’s just not do this senselessly. Let’s proposals by rejecting this rule and the the Congress. In 2007, there were a total do this sensibly. Somehow, this rad- underlying legislation and by proof 1,832,000 executive branch employees ical, awful bill has caused all this noise testing the liberal agenda that con- and in the civilian agencies there were by my colleague on the other side of tinues to distract from private-sector 1,173,000. In 2010, it goes to 2,148,000 and the aisle. job creation and from getting the econ- 1,428,000. Federal employment has The final bill is the Food Safety Mod- omy back on its feet. grown by a remarkable 17 percent since I yield back the balance of my time. ernization Act. Mr. Speaker, as I said 2007, to an estimated 2.1 million non- Mr. MCGOVERN. I yield myself the earlier—and it’s worth repeating—in military full-time workers. This is the balance of my time. this country, literally 76 million Amer- largest workforce since 1992. Mr. Speaker, oh, my goodness. There icans on a yearly basis are sickened by Also, Mr. Speaker, according to a re- are a lot of things that come before the contaminated food that they digest—76 cent analysis by USA Today, total Members of this body that, I think, are million Americans a year. More than compensation for Federal workers has worth getting all worked up about and 300,000 of them end up going to hos- risen 37 percent over 10 years, after in- that, I think, sometimes understand- pitals on a yearly basis, and 5,000 die. flation, compared to 8.8 percent for pri- ably lead to partisan bickering; but as So what is this Congress trying to vate workers. Federal workers earned to what we are talking about here do? an average compensation of $123,000 in today, to me and to, I think, most peo- We are trying to find a way to pro- 2009—double the private average of ple who are watching, this should be tect consumers, and my colleague on $61,000. fairly noncontroversial. the other side of the aisle is all upset about it. Oh, boy. What a terrible, b 1330 What we are talking about is a rule that will allow us to consider three awful idea to protect the health and Mr. Speaker, our country cannot af- bills. One is called the America COM- well-being of the citizens of this coun- ford this expansion of the Federal Gov- PETES Reauthorization Act of 2010. try by updating our food safety rules ernment. We need to be reducing the What does this radical bill do? and regulations, which haven’t been Federal Government, not expanding it. It authorizes funding increases for updated in almost 30 years. I would like to say further this the National Science Foundation, the Come on. I mean let’s move forward version of the bill does not contain an National Institutes for Science and with this rule. Let’s consider these amendment considered in committee Technology, and the Department of En- bills. I am sure they all will pass. markup by Republican Representative ergy’s Office of Science for fiscal years With that, Mr. Speaker, I urge a SCHOCK and supported by Democrat 2010–2013, on a path toward increasing ‘‘yes’’ vote on the previous question Congressmen COOPER and QUIGLEY that substantially our investment in re- and on the rule. would have established a more thor- search and development over the next I yield back the balance of my time, ough process for evaluating agency per- 10 years. It is not even an appropria- and I move the previous question on formance and eliminating programs tion. It is an authorization. the resolution. that failed performance standards, So the Appropriations Committee The previous question was ordered. were found to be duplicative or deter- next year can work their will and de- The resolution was agreed to. mined to be unnecessary. cide whether to invest more in science A motion to reconsider was laid on H.R. 2142 mandates the creation of so that we can compete in this global the table. several new government-wide and agen- economy, or will we not invest in f cy-specific management plans. How- science and actually do what some of ever, it does not—does not—increase my friends on the other side of the AMERICA COMPETES executive accountability for failing aisle will tell you about taking a meat REAUTHORIZATION ACT OF 2010 programs. ax to these programs, you know, and Mr. GORDON of Tennessee. Mr. Mr. Speaker, again, this bill is going putting ourselves at a competitive dis- Speaker, pursuant to House Resolution in the wrong direction. What it does is advantage? 1781, I call up the bill (H.R. 5116) to in- it allows agencies to design their per- This is a bill about supporting and vest in innovation through research formance plans and then to measure expanding American energy technology and development, to improve the com- their own results, using their own per- so we are not so reliant on foreign oil petitiveness of the United States, and formance indicators. Rather than re- and so we don’t go to war over oil. It is for other purposes, with the Senate quiring agencies to focus on achieving a national security issue, but this amendment thereto, and I have a mo- measurable outcomes, the bill makes somehow is a controversial bill. This tion at the desk. the creation of outcome-oriented per- should pass easily. The Clerk read the title of the bill.

VerDate Mar 15 2010 05:47 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\K21DE7.056 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8824 CONGRESSIONAL RECORD — HOUSE December 21, 2010 The SPEAKER pro tempore. The Sec. 507. National Science Board report on mid- Sec. 1002. Repeals and conforming amendments. Clerk will designate the Senate amend- scale instrumentation. Sec. 1003. Authorizations of appropriations and ment: Sec. 508. Partnerships for innovation. matching requirement. Sec. 509. Sustainable chemistry basic research. SEC. 2. DEFINITIONS. The text of the Senate amendment is Sec. 510. Graduate student support. as follows: In this Act: Sec. 511. Robert Noyce teacher scholarship pro- (1) DIRECTOR.—In title I, the term ‘‘Director’’ Senate amendment: gram. means the Director of the Office of Science and Strike out all after the enacting clause Sec. 512. Undergraduate broadening participa- Technology Policy. and insert: tion program. (2) STEM.—The term ‘‘STEM’’ means the aca- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Sec. 513. Research experiences for high school demic and professional disciplines of science, students. (a) SHORT TITLE.—this Act may be cited as the technology, engineering, and mathematics. Sec. 514. Research experiences for undergradu- ‘‘America COMPETES Reauthorization Act of SEC. 3. BUDGETARY IMPACT STATEMENT. ates. 2010’’ or the ‘‘America Creating Opportunities to The budgetary effects of this Act, for the pur- Sec. 515. STEM industry internship programs. Meaningfully Promote Excellence in Tech- Sec. 516. Cyber-enabled learning for national pose of complying with the Statutory Pay-As- nology, Education, and Science Reauthorization challenges. You-Go-Act of 2010, shall be determined by ref- Act of 2010’’. Sec. 517. Experimental Program to Stimulate erence to the latest statement titled ‘‘Budgetary (b) TABLE OF CONTENTS.—The table of con- Competitive Research. Effects of PAYGO Legislation’’ for this Act, sub- tents for this Act is as follows: Sec. 518. Sense of the Congress regarding the mitted for printing in the Congressional Record Sec. 1. Short title; table of contents. science, technology, engineering, by the Chairman of the Senate Budget Com- Sec. 2. Definitions. and mathematics talent expansion mittee, provided that such statement has been Sec. 3. Budgetary impact statement. program. submitted prior to the vote on passage. TITLE I—OFFICE OF SCIENCE AND Sec. 519. Sense of the Congress regarding the TITLE I—OFFICE OF SCIENCE AND TECHNOLOGY POLICY National Science Foundation’s TECHNOLOGY POLICY Sec. 101. Coordination of Federal STEM edu- contributions to basic research SEC. 101. COORDINATION OF FEDERAL STEM cation. and education. EDUCATION. Sec. 102. Coordination of advanced manufac- Sec. 520. Academic technology transfer and (a) ESTABLISHMENT.—The Director shall es- turing research and development. commercialization of university tablish a committee under the National Science Sec. 103. Interagency public access committee. research. and Technology Council, including the Office of Sec. 104. Federal scientific collections. Sec. 521. Study to develop improved impact-on- Management and Budget, with the responsi- Sec. 105. Prize competitions. society metrics. bility to coordinate Federal programs and activi- Sec. 522. NSF grants in support of sponsored TITLE II—NATIONAL AERONAUTICS AND ties in support of STEM education, including at post-doctoral fellowship programs. SPACE ADMINISTRATION the National Science Foundation, the Depart- Sec. 523. Collaboration in planning for steward- ment of Energy, the National Aeronautics and Sec. 201. NASA’s contribution to innovation ship of large-scale facilities. Space Administration, the National Oceanic and and competitiveness. Sec. 524. Cloud computing research enhance- Atmospheric Administration, the Department of Sec. 202. NASA’s contribution to education. ment. Education, and all other Federal agencies that Sec. 203. Assessment of impediments to space Sec. 525. Tribal colleges and universities pro- have programs and activities in support of science and engineering workforce gram. STEM education. development for minority and Sec. 526. Broader impacts review criterion. (b) RESPONSIBILITIES.—The committee estab- under-represented groups at Sec. 527. Twenty-first century graduate edu- lished under subsection (a) shall— NASA. cation. (1) coordinate the STEM education activities Sec. 204. International Space Station’s con- SUBTITLE B—STEM-TRAINING GRANT and programs of the Federal agencies; tribution to national competitive- PROGRAM (2) coordinate STEM education activities and ness enhancement. Sec. 551. Purpose. programs with the Office of Management and Sec. 205. Study of potential commercial orbital Budget; platform program impact on Sec. 552. Program requirements. Sec. 553. Grant program. (3) encourage the teaching of innovation and Science, Technology, Engineering, Sec. 554. Grant oversight and administration. entrepreneurship as part of STEM education ac- and Mathematics. Sec. 555. Definitions. tivities; Sec. 206. Definitions. Sec. 556. Authorization of appropriations. (4) review STEM education activities and pro- TITLE III—NATIONAL OCEANIC AND TITLE VI—INNOVATION grams to ensure they are not duplicative of simi- ATMOSPHERIC ADMINISTRATION lar efforts within the Federal government; Sec. 601. Office of innovation and entrepre- (5) develop, implement through the partici- Sec. 301. Oceanic and atmospheric research and neurship. pating agencies, and update once every 5 years development program. Sec. 602. Federal loan guarantees for innova- a 5-year STEM education strategic plan, which Sec. 302. Oceanic and atmospheric science edu- tive technologies in manufac- shall— cation programs. turing. (A) specify and prioritize annual and long- Sec. 303. Workforce study. Sec. 603. Regional innovation program. TITLE IV—NATIONAL INSTITUTE OF Sec. 604. Study on economic competitiveness term objectives; STANDARDS AND TECHNOLOGY and innovative capacity of United (B) specify the common metrics that will be used to assess progress toward achieving the ob- Sec. 401. Short title. States and development of na- jectives; Sec. 402. Authorization of appropriations. tional economic competitiveness (C) describe the approaches that will be taken Sec. 403. Under Secretary of Commerce for strategy. by each participating agency to assess the effec- Standards and Technology. Sec. 605. Promoting use of high-end computing tiveness of its STEM education programs and Sec. 404. Manufacturing Extension Partner- simulation and modeling by small- activities; and ship. and medium-sized manufacturers. (D) with respect to subparagraph (A), describe Sec. 405. Emergency communication and track- TITLE VII—NIST GREEN JOBS the role of each agency in supporting programs ing technologies research initia- Sec. 701. Short title. and activities designed to achieve the objectives; tive. Sec. 702. Findings. and Sec. 406. Broadening participation. Sec. 703. National Institute of Standards and (6) establish, periodically update, and main- Sec. 407. NIST Fellowships. Technology competitive grant pro- tain an inventory of federally sponsored STEM Sec. 408. Green manufacturing and construc- gram. tion. education programs and activities, including Sec. 409. Definitions. TITLE VIII—GENERAL PROVISIONS documentation of assessments of the effectiveness of such programs and activities and rates TITLE V—SCIENCE, TECHNOLOGY, ENGI- Sec. 801. Government Accountability Office review. of participation by women, underrepresented NEERING, AND MATHEMATICS SUPPORT minorities, and persons in rural areas in such PROGRAMS Sec. 802. Salary restrictions. Sec. 803. Additional research authorities of the programs and activities. SUBTITLE A—NATIONAL SCIENCE FCC. (b) RESPONSIBILITIES OF OSTP.—The Director FOUNDATION TITLE IX—DEPARTMENT OF ENERGY shall encourage and monitor the efforts of the Sec. 501. Short title. participating agencies to ensure that the stra- Sec. 901. Science, engineering, and mathematics Sec. 502. Definitions. tegic plan under subsection (b)(5) is developed education programs. Sec. 503. Authorization of appropriations. and executed effectively and that the objectives Sec. 902. Energy research programs. Sec. 504. National Science Board administrative of the strategic plan are met. Sec. 903. Basic research. amendments. (c) REPORT.—The Director shall transmit a re- Sec. 904. Advanced Research Project Agency- Sec. 505. National Center for Science and Engi- port annually to Congress at the time of the Energy. neering statistics. President’s budget request describing the plan Sec. 506. National Science Foundation manu- TITLE X—EDUCATION required under subsection (b)(5). The annual re- facturing research and education. Sec. 1001. References port shall include—

VerDate Mar 15 2010 05:47 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00038 Fmt 4634 Sfmt 6333 E:\CR\FM\K21DE7.059 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 21, 2010 CONGRESSIONAL RECORD — HOUSE H8825 (1) a description of the STEM education pro- esses for the benefit of society to ensure na- in ensuring the integrity of the record of sci- grams and activities for the previous and cur- tional, energy, and economic security; entific research, including the investments and rent fiscal years, and the proposed programs (D) describe how Federal agencies and Feder- added value that they make; and and activities under the President’s budget really Funded Research and Development Centers (10) examine Federal agency practices and quest, of each participating Federal agency; supporting advanced manufacturing research procedures for providing research reports to the (2) the levels of funding for each participating and development will strengthen all levels of agencies charged with locating and preserving Federal agency for the programs and activities manufacturing education and training programs unclassified research. described under paragraph (1) for the previous to ensure an adequate, well-trained workforce; (c) PATENT OR COPYRIGHT LAW.—Nothing in fiscal year and under the President’s budget re- (E) describe how the Federal agencies and this section shall be construed to undermine any quest; Federally Funded Research and Development right under the provisions of title 17 or 35, (3) an evaluation of the levels of duplication Centers supporting advanced manufacturing re- United States Code. and fragmentation of the programs and activi- search and development will assist small- and (d) APPLICATION WITH EXISTING LAW.—Noth- ties described under paragraph (1); medium-sized manufacturers in developing and ing defined in section (b) shall be construed to (4) except for the initial annual report, a de- implementing new products and processes; and affect existing law with respect to Federal scription of the progress made in carrying out (F) take into consideration the recommenda- science agencies’ policies related to public ac- the implementation plan, including a descrip- tions of a wide range of stakeholders, including cess. tion of the outcome of any program assessments representatives from diverse manufacturing com- (e) REPORT TO CONGRESS.—Not later than 1 completed in the previous year, and any panies, academia, and other relevant organiza- year after the date of enactment of this Act, the changes made to that plan since the previous tions and institutions. Director shall transmit a report to Congress de- annual report; and (c) REPORT.—Not later than 1 year after the scribing— (5) a description of how the participating Fed- date of enactment of this Act, the Director shall (1) the specific objectives and public interest eral agencies will disseminate information about transmit the strategic plan developed under sub- identified under (b)(1); federally supported resources for STEM edu- section (b)(7) to the Senate Committee on Com- (2) any priorities established under subsection cation practitioners, including teacher profes- merce, Science, and Transportation, and the (b)(7); sional development programs, to States and to House of Representatives Committee on Science (3) the impact the policies described under (a) STEM education practitioners, including to and Technology, and shall transmit subsequent have had on the science and engineering enter- teachers and administrators in schools that meet updates to those committees as appropriate. prise and the stakeholders, including the finan- the criteria described in subsection (c)(1)(A) and SEC. 103. INTERAGENCY PUBLIC ACCESS COM- cial impact on research budgets; (B) of section 3175 of the Department of Energy MITTEE. (4) the status of any Federal science agency Science Education Enhancement Act (42 U.S.C. (a) ESTABLISHMENT.—The Director shall es- policies related to public access to the results of 7381j(c)(1)(A) and (B)). tablish a working group under the National federally funded research; and SEC. 102. COORDINATION OF ADVANCED MANU- Science and Technology Council with the re- (5) how any policies developed or being devel- FACTURING RESEARCH AND DEVEL- sponsibility to coordinate Federal science agen- oped by Federal science agencies, as described in OPMENT. cy research and policies related to the dissemi- subsection (a), incorporate input from the non- (a) INTERAGENCY COMMITTEE.—The Director nation and long-term stewardship of the results Federal stakeholders described in subsection shall establish or designate a Committee on of unclassified research, including digital data (b)(6). Technology under the National Science and and peer-reviewed scholarly publications, sup- (f) FEDERAL SCIENCE AGENCY DEFINED.—For Technology Council. The Committee shall be reported wholly, or in part, by funding from the the purposes of this section, the term ‘‘Federal sponsible for planning and coordinating Federal Federal science agencies. science agency’’ means any Federal agency with programs and activities in advanced manufac- (b) RESPONSIBILITIES.—The working group an annual extramural research expenditure of turing research and development. shall— over $100,000,000. (b) RESPONSIBILITIES OF COMMITTEE.—The (1) identify the specific objectives and public SEC. 104. FEDERAL SCIENTIFIC COLLECTIONS. Committee shall— interests that need to be addressed by any poli- (1) coordinate the advanced manufacturing cies coordinated under (a); (a) MANAGEMENT OF SCIENTIFIC COLLEC- research and development programs and activi- (2) take into account inherent variability TIONS.—The Office of Science and Technology ties of the Federal agencies; among Federal science agencies and scientific Policy shall develop policies for the management (2) establish goals and priorities for advanced disciplines in the nature of research, types of and use of Federal scientific collections to im- manufacturing research and development that data, and dissemination models; prove the quality, organization, access, includ- will strengthen United States manufacturing; (3) coordinate the development or designation ing online access, and long-term preservation of (3) work with industry organizations, Federal of standards for research data, the structure of such collections for the benefit of the scientific agencies, and Federally Funded Research and full text and metadata, navigation tools, and enterprise. In developing those policies the Of- Development Centers not represented on the other applications to maximize interoperability fice of Science and Technology Policy shall con- Committee, to identify and reduce regulatory, across Federal science agencies, across science sult, as appropriate, with— logistical, and fiscal barriers within the Federal and engineering disciplines, and between re- (1) Federal agencies with such collections; and government and State governments that inhibit search data and scholarly publications, taking (2) representatives of other organizations, in- United States manufacturing; into account existing consensus standards, institutions, and other entities not a part of the (4) facilitate the transfer of intellectual prop- cluding international standards; Federal Government that have a stake in the erty and technology based on federally sup- (4) coordinate Federal science agency pro- preservation, maintenance, and accessibility of ported university research into commercializa- grams and activities that support research and such collections, including State and local gov- tion and manufacturing; education on tools and systems required to en- ernment agencies, institutions of higher edu- (5) identify technological, market, or business sure preservation and stewardship of all forms cation, museums, and other entities engaged in challenges that may best be addressed by public- of digital research data, including scholarly the acquisition, holding, management, or use of private partnerships, and are likely to attract publications; scientific collections. both participation and primary funding from in- (5) work with international science and tech- (b) CLEARINGHOUSE.—The Office of Science dustry; nology counterparts to maximize interoper- and Technology Policy, in consultation with (6) encourage the formation of public-private ability between United States based unclassified relevant Federal agencies, shall ensure the de- partnerships to respond to those challenges for research databases and international databases velopment of an online clearinghouse for infor- transition to United States manufacturing; and and repositories; mation on the contents of and access to Federal (7) develop, and update every 5 years, a stra- (6) solicit input and recommendations from, scientific collections. tegic plan to guide Federal programs and activi- and collaborate with, non-Federal stakeholders, (c) DISPOSAL OF COLLECTIONS.—The policies ties in support of advanced manufacturing re- including the public, universities, nonprofit and developed under subsection (a) shall— search and development, which shall— for-profit publishers, libraries, federally funded (1) require that, before disposing of a scientific (A) specify and prioritize near-term and long- and non federally funded research scientists, collection, a Federal agency shall— term research and development objectives, the and other organizations and institutions with a (A) conduct a review of the research value of anticipated time frame for achieving the objec- stake in long term preservation and access to the collection; and tives, and the metrics for use in assessing the results of federally funded research; (B) consult with researchers who have used progress toward the objectives; (7) establish priorities for coordinating the de- the collection, and other potentially interested (B) specify the role of each Federal agency in velopment of any Federal science agency poli- parties, concerning— carrying out or sponsoring research and devel- cies related to public access to the results of fed- (i) the collection’s value for research purposes; opment to meet the objectives of the strategic erally funded research to maximize the benefits and plan; of such policies with respect to their potential (ii) possible additional educational uses for (C) describe how the Federal agencies and economic or other impact on the science and en- the collection; and Federally Funded Research and Development gineering enterprise and the stakeholders there- (2) include procedures for Federal agencies to Centers supporting advanced manufacturing re- of; transfer scientific collections they no longer search and development will foster the transfer (8) take into consideration the distinction be- need to researchers at institutions or other enti- of research and development results into new tween scholarly publications and digital data; ties qualified to manage the collections. manufacturing technologies and United States (9) take into consideration the role that sci- (d) COST PROJECTIONS.—The Office of Science based manufacturing of new products and proc- entific publishers play in the peer review process and Technology Policy, in consultation with

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App.) shall (e) SCIENTIFIC COLLECTION DEFINED.—In this employee acting within the scope of their em- not apply to any committee, board, commission, section, the term ‘‘scientific collection’’ means a ployment. panel, task force, or similar entity, created sole- set of physical specimens, living or inanimate, ‘‘(h) CONSULTATION WITH FEDERAL EMPLOY- ly for the purpose of judging prize competitions created for the purpose of supporting science EES.—An individual or entity shall not be under this section. and serving as a long-term research asset, rath- deemed ineligible under subsection (g) because ‘‘(l) ADMINISTERING THE COMPETITION.—The er than for their market value as collectibles or the individual or entity used Federal facilities head of an agency may enter into an agreement their historical, artistic, or cultural significance, or consulted with Federal employees during a with a private, nonprofit entity to administer a and, as appropriate and feasible, the associated competition if the facilities and employees are prize competition, subject to the provisions of specimen data and materials. made available to all individuals and entities this section. SEC. 105. PRIZE COMPETITIONS. participating in the competition on an equitable ‘‘(m) FUNDING.— (a) IN GENERAL.—The Stevenson-Wydler basis. ‘‘(1) IN GENERAL.—Support for a prize com- Technology Innovation Act of 1980 (15 U.S.C. ‘‘(i) LIABILITY.— petition under this section, including financial ‘‘(1) IN GENERAL.— 3701 et seq.) is amended by adding at the end support for the design and administration of a ‘‘(A) DEFINITION.—In this paragraph, the the following: prize or funds for a monetary prize purse, may term ‘related entity’ means a contractor or sub- consist of Federal appropriated funds and funds ‘‘SEC. 24. PRIZE COMPETITIONS. contractor at any tier, and a supplier, user, cus- provided by the private sector for such cash ‘‘(a) DEFINITIONS.—In this section: tomer, cooperating party, grantee, investigator, prizes. The head of an agency may accept funds ‘‘(1) AGENCY.—The term ‘agency’ means a or detailee. from other Federal agencies to support such Federal agency. ‘‘(B) LIABILITY.—Registered participants shall ‘‘(2) DIRECTOR.—The term ‘Director’ means competitions. The head of an agency may not be required to agree to assume any and all risks give any special consideration to any private the Director of the Office of Science and Tech- and waive claims against the Federal Govern- nology Policy. sector entity in return for a donation. ment and its related entities, except in the case ‘‘(2) AVAILABILITY OF FUNDS.—Notwith- ‘‘(3) FEDERAL AGENCY.—The term ‘Federal of willful misconduct, for any injury, death, agency’ has the meaning given under section 4, standing any other provision of law, funds ap- damage, or loss of property, revenue, or profits, propriated for prize awards under this section except that term shall not include any agency of whether direct, indirect, or consequential, aris- the legislative branch of the Federal Govern- shall remain available until expended. No provi- ing from their participation in a competition, sion in this section permits obligation or payment. whether the injury, death, damage, or loss ‘‘(4) HEAD OF AN AGENCY.—The term ‘head of ment of funds in violation of section 1341 of title arises through negligence or otherwise. 31, United States Code. an agency’ means the head of a Federal agency. ‘‘(2) INSURANCE.—Participants shall be re- ‘‘(b) IN GENERAL.—Each head of an agency, ‘‘(3) AMOUNT OF PRIZE.— quired to obtain liability insurance or dem- ‘‘(A) ANNOUNCEMENT.—No prize may be an- or the heads of multiple agencies in cooperation, onstrate financial responsibility, in amounts de- may carry out a program to award prizes com- nounced under subsection (f) until all the funds termined by the head of an agency, for claims needed to pay out the announced amount of the petitively to stimulate innovation that has the by— potential to advance the mission of the respec- prize have been appropriated or committed in ‘‘(A) a third party for death, bodily injury, or writing by a private source. tive agency. property damage, or loss resulting from an ac- ‘‘(B) INCREASE IN AMOUNT.—The head of an ‘‘(c) PRIZES.—For purposes of this section, a tivity carried out in connection with participa- prize may be one or more of the following: agency may increase the amount of a prize after tion in a competition, with the Federal Govern- an initial announcement is made under sub- ‘‘(1) A point solution prize that rewards and ment named as an additional insured under the spurs the development of solutions for a par- section (f) only if— registered participant’s insurance policy and ‘‘(i) notice of the increase is provided in the ticular, well-defined problem. registered participants agreeing to indemnify ‘‘(2) An exposition prize that helps identify same manner as the initial notice of the prize; the Federal Government against third party and and promote a broad range of ideas and prac- claims for damages arising from or related to tices that may not otherwise attract attention, ‘‘(ii) the funds needed to pay out the an- competition activities; and nounced amount of the increase have been ap- facilitating further development of the idea or ‘‘(B) the Federal Government for damage or practice by third parties. propriated or committed in writing by a private loss to Government property resulting from such source. ‘‘(3) Participation prizes that create value an activity. during and after the competition by encour- ‘‘(4) LIMITATION ON AMOUNT.— ‘‘(3) EXCEPTION.—The head of an agency may ‘‘(A) NOTICE TO CONGRESS.—No prize competi- aging contestants to change their behavior or not require a participant to waive claims develop new skills that may have beneficial ef- tion under this section may offer a prize in an against the administering entity arising out of amount greater than $50,000,000 unless 30 days fects during and after the competition. the unauthorized use or disclosure by the agen- ‘‘(4) Such other types of prizes as each head have elapsed after written notice has been cy of the intellectual property, trade secrets, or transmitted to the Committee on Commerce, of an agency considers appropriate to stimulate confidential business information of the partici- innovation that has the potential to advance Science, and Transportation of the Senate and pant. the Committee on Science and Technology of the the mission of the respective agency. ‘‘(j) INTELLECTUAL PROPERTY.— House of Representatives. ‘‘(d) TOPICS.—In selecting topics for prize ‘‘(1) PROHIBITION ON THE GOVERNMENT AC- ‘‘(B) APPROVAL OF HEAD OF AGENCY.—No competitions, the head of an agency shall con- QUIRING INTELLECTUAL PROPERTY RIGHTS.—The prize competition under this section may result sult widely both within and outside the Federal Federal Government may not gain an interest in in the award of more than $1,000,000 in cash Government, and may empanel advisory commit- intellectual property developed by a participant prizes without the approval of the head of an tees. in a competition without the written consent of agency. ‘‘(e) ADVERTISING.—The head of an agency the participant. ‘‘(n) GENERAL SERVICE ADMINISTRATION AS- shall widely advertise each prize competition to ‘‘(2) LICENSES.—The Federal Government may SISTANCE.—Not later than 180 days after the encourage broad participation. negotiate a license for the use of intellectual date of the enactment of the America COM- ‘‘(f) REQUIREMENTS AND REGISTRATION.—For property developed by a participant for a com- PETES Reauthorization Act of 2010, the General each prize competition, the head of an agency petition. shall publish a notice in the Federal Register ‘‘(k) JUDGES.— Services Administration shall provide govern- announcing— ‘‘(1) IN GENERAL.—For each competition, the ment wide services to share best practices and ‘‘(1) the subject of the competition; head of an agency, either directly or through an assist agencies in developing guidelines for ‘‘(2) the rules for being eligible to participate agreement under subsection (l), shall appoint issuing prize competitions. The General Services in the competition; one or more qualified judges to select the winner Administration shall develop a contract vehicle ‘‘(3) the process for participants to register for or winners of the prize competition on the basis to provide agencies access to relevant products the competition; described under subsection (f). Judges for each and services, including technical assistance in ‘‘(4) the amount of the prize; and competition may include individuals from out- structuring and conducting prize competitions ‘‘(5) the basis on which a winner will be se- side the agency, including from the private sec- to take maximum benefit of the marketplace as lected. tor. they identify and pursue prize competitions to ‘‘(g) ELIGIBILITY.—To be eligible to win a ‘‘(2) RESTRICTIONS.—A judge may not— further the policy objectives of the Federal Gov- prize under this section, an individual or enti- ‘‘(A) have personal or financial interests in, ernment. ty— or be an employee, officer, director, or agent of ‘‘(o) COMPLIANCE WITH EXISTING LAW.— ‘‘(1) shall have registered to participate in the any entity that is a registered participant in a ‘‘(1) IN GENERAL.— The Federal Government competition under any rules promulgated by the competition; or shall not, by virtue of offering or providing a head of an agency under subsection (f); ‘‘(B) have a familial or financial relationship prize under this section, be responsible for com- ‘‘(2) shall have complied with all the require- with an individual who is a registered partici- pliance by registered participants in a prize ments under this section; pant. competition with Federal law, including licens- ‘‘(3) in the case of a private entity, shall be in- ‘‘(3) GUIDELINES.—The heads of agencies who ing, export control, and nonproliferation laws, corporated in and maintain a primary place of carry out competitions under this section shall and related regulations.

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‘‘(2) OTHER PRIZE AUTHORITY.—Nothing in (4) to provide curriculum support materials national Space Station which are supportive of this section affects the prize authority author- and other resources that— the goals of educational excellence and innova- ized by any other provision of law. (A) are designed to be integrated with com- tion and competitive enhancement established or ‘‘(p) ANNUAL REPORT.— prehensive STEM education; reaffirmed by this Act, including a summary of ‘‘(1) IN GENERAL.—Not later than March 1 of (B) are aligned with national science edu- the goals supported, the number of individuals each year, the Director shall submit to the Com- cation standards; or organizations participating in or benefiting mittee on Commerce, Science, and Transpor- (C) promote the adoption and implementation from such activities, and a summary of how tation of the Senate and the Committee on of high-quality education practices that build such activities might be expanded or improved Science and Technology of the House of Rep- toward college and career-readiness; and upon; resentatives a report on the activities carried out (5) to create and support opportunities for en- (2) a description of government and private during the preceding fiscal year under the au- hanced and ongoing professional development partnerships which are, or may be, established thority in subsection (b). for teachers using best practices that improve to effectively utilize the capabilities represented ‘‘(2) INFORMATION INCLUDED.—The report for the STEM content and knowledge of the teach- by the International Space Station to enhance a fiscal year under this subsection shall include, ers, including through programs linking STEM United States competitiveness, innovation and for each prize competition under subsection (b), teachers with STEM educators at the higher science, technology, engineering, and mathe- the following: education level. matics education; and ‘‘(A) PROPOSED GOALS.—A description of the (3) a summary of proposed actions or activities proposed goals of each prize competition. SEC. 203. ASSESSMENT OF IMPEDIMENTS TO SPACE SCIENCE AND ENGINEERING to be undertaken to ensure the maximum utili- ‘‘(B) PREFERABLE METHOD.—An analysis of WORKFORCE DEVELOPMENT FOR MI- zation of the International Space Station to why the utilization of the authority in sub- NORITY AND UNDERREPRESENTED contribute to fulfillment of the goals and objec- section (b) was the preferable method of achiev- GROUPS AT NASA. tives of this Act, and the identification of any ing the goals described in subparagraph (A) as (a) ASSESSMENT.—The Administrator shall additional authority, assets, or funding that opposed to other authorities available to the enter into an arrangement for an independent would be required to support such activities. agency, such as contracts, grants, and coopera- assessment of any impediments to space science tive agreements. SEC. 205. STUDY OF POTENTIAL COMMERCIAL OR- and engineering workforce development for mi- BITAL PLATFORM PROGRAM IMPACT ‘‘(C) AMOUNT OF CASH PRIZES.—The total nority and underrepresented groups at NASA, ON SCIENCE, TECHNOLOGY, ENGI- amount of cash prizes awarded for each prize including recommendations on— NEERING, AND MATHEMATICS. competition, including a description of amount (1) measures to address such impediments; (a) IN GENERAL.—Section 1003 of the National of private funds contributed to the program, the (2) opportunities for augmenting the impact of Aeronautics and Space Administration Author- sources of such funds, and the manner in which space science and engineering workforce devel- ization Act of 2010 (42 U.S.C. 18421) is amended the amounts of cash prizes awarded and claimed opment activities and for expanding proven, ef- to read as follows: were allocated among the accounts of the agen- fective programs; and ‘‘SEC. 1003. STUDY OF POTENTIAL COMMERCIAL cy for recording as obligations and expendi- (3) best practices and lessons learned, as iden- ORBITAL PLATFORM PROGRAM IM- tures. tified through the assessment, to help maximize PACT ON SCIENCE, TECHNOLOGY, ‘‘(D) SOLICITATIONS AND EVALUATION OF SUB- the effectiveness of existing and future programs ENGINEERING, AND MATHEMATICS. MISSIONS.—The methods used for the solicitation to increase the participation of minority and ‘‘A fundamental and unique capability of and evaluation of submissions under each prize underrepresented groups in the space science NASA is in stimulating science, technology, en- competition, together with an assessment of the and engineering workforce at NASA. gineering, and mathematics education in the effectiveness of such methods and lessons (b) REPORT.—A report on the assessment car- United States. In ensuring maximum use of that learned for future prize competitions. ried out under subsection (a) shall be trans- capability, the Administrator shall carry out a ‘‘(E) RESOURCES.—A description of the re- study to— sources, including personnel and funding, used mitted to the House of Representatives Com- mittee on Science and Technology and the Sen- ‘‘(1) identify the benefits of and lessons in the execution of each prize competition to- learned from ongoing and previous NASA or- gether with a detailed description of the activi- ate Committee on Commerce, Science, and Transportation not later than 15 months after bital student programs including, at a minimum, ties for which such resources were used and an the Get Away Special (GAS) and Earth Knowl- accounting of how funding for execution was the date of enactment of this Act. (c) IMPLEMENTATION.—To the extent prac- edge Acquired by Middle School Students allocated among the accounts of the agency for (EarthKAM) programs, on science, technology, recording as obligations and expenditures. ticable, the Administrator shall take all necessary steps to address any impediments identi- engineering, and mathematics education; ‘‘(F) RESULTS.—A description of how each ‘‘(2) assess the potential impacts on science, fied in the assessment. prize competition advanced the mission of the technology, engineering, and mathematics edu- agency concerned.’’. SEC. 204. INTERNATIONAL SPACE STATION’S CON- cation of a program that would facilitate the de- (b) REPEAL OF SPACE ACT LIMITATION.—Sec- TRIBUTION TO NATIONAL COMPETI- velopment of scientific and educational pay- tion 314(a) of the National Aeronautics and TIVENESS ENHANCEMENT. loads involving United States students and edu- Space Act of 1958 (42 U.S.C. 2459f–1 is amended (a) SENSE OF CONGRESS.—It is the sense of the cators and the flights of those payloads on com- by striking ‘‘The Administration may carry out Congress that the International Space Station mercially available orbital platforms, when a program to award prizes only in conformity represents a valuable and unique national asset available and operational, with the goal of pro- with this section.’’. which can be utilized to increase educational opportunities and scientific and technological viding frequent and regular payload launches; TITLE II—NATIONAL AERONAUTICS AND ‘‘(3) identify NASA expertise, such as NASA innovation which will enhance the Nation’s eco- SPACE ADMINISTRATION science, engineering, payload development, and nomic security and competitiveness in the global SEC. 201. NASA’S CONTRIBUTION TO INNOVATION payload operations, that could be made avail- technology fields of endeavor. If the period for AND COMPETITIVENESS. able to facilitate a science, technology, engi- active utilization of the International Space It is the sense of Congress that a renewed em- neering, and mathematics program using com- Station is extended to at least the year 2020, the phasis on technology development would en- mercial orbital platforms; and hance current mission capabilities and enable potential for such opportunities and innovation ‘‘(4) identify the issues that would need to be future missions, while encouraging NASA, pri- would be increased. Efforts should be made to addressed before NASA could properly assess the vate industry, and academia to spur innovation. fully realize that potential. merits and feasibility of the program described NASA’s Innovative Partnership Program is a (b) EVALUATION AND ASSESSMENT OF NASA’S in paragraph (2).’’. valuable mechanism to accelerate technology INTERAGENCY CONTRIBUTION.—Pursuant to the (c) EFFECTIVE DATE.—The amendment made maturation and encourage the transfer of tech- authority provided in title II of the America by subsection (a) shall take effect on October 12, nology into the private sector. COMPETES Act (Public Law 110–69), the Ad- 2010. SEC. 202. NASA’S CONTRIBUTION TO EDUCATION. ministrator shall evaluate and, where possible, SEC. 206. DEFINITIONS. (a) SENSE OF CONGRESS.—It is the sense of expand efforts to maximize NASA’s contribution In this title: Congress that NASA is uniquely positioned to to interagency efforts to enhance science, tech- (1) ADMINISTRATOR.—The term ‘‘Adminis- interest students in science, technology, engi- nology, engineering, and mathematics education trator’’ means the Administrator of NASA. neering, and mathematics, not only by the ex- capabilities, and to enhance the Nation’s tech- (2) NASA.—The term ‘‘NASA’’ means the Na- ample it sets, but through its education pro- nological excellence and global competitiveness. tional Aeronautics and Space Administration. grams. The Administrator shall identify these enhance- TITLE III—NATIONAL OCEANIC AND (b) EDUCATIONAL PROGRAM GOALS.—NASA ments in the annual reports required by section ATMOSPHERIC ADMINISTRATION 2001(e) of that Act (42 U.S.C. 16611a(e)). shall develop and maintain educational pro- SEC. 301. OCEANIC AND ATMOSPHERIC RE- (c) REPORT TO THE CONGRESS.—Within 120 grams— SEARCH AND DEVELOPMENT PRO- (1) to carry out and support research based days after the date of enactment of this Act, the GRAM. programs and activities designed to increase stu- Administrator shall provide to the House of Rep- Section 4001 of the America COMPETES Act dent interest and participation in STEM, in- resentatives Committee on Science and Tech- (33 U.S.C. 893) is amended— cluding students from minority and underrep- nology and the Senate Committee on Commerce, (1) by inserting ‘‘(a) IN GENERAL.—’’ before resented groups; Science, and Transportation a report on the as- ‘‘The Administrator’’; and (2) to improve public literacy in STEM; sessment made pursuant to subsection (a). The (2) by adding at the end the following: (3) that employ proven strategies and methods report shall include— ‘‘(b) OCEANIC AND ATMOSPHERIC RESEARCH for improving student learning and teaching in (1) a description of current and potential ac- AND DEVELOPMENT PROGRAM.—The Adminis- STEM; tivities associated with utilization of the Inter- trator shall implement programs and activities—

VerDate Mar 15 2010 05:47 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00041 Fmt 4634 Sfmt 6333 E:\CR\FM\A21DE7.050 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8828 CONGRESSIONAL RECORD — HOUSE December 21, 2010 ‘‘(1) to identify emerging and innovative re- ‘‘(5) create and support opportunities for en- TITLE IV—NATIONAL INSTITUTE OF search and development priorities to enhance hanced and ongoing professional development STANDARDS AND TECHNOLOGY United States competitiveness, support develop- for teachers using best practices that improves SEC. 401. SHORT TITLE. ment of new economic opportunities based on the STEM content and knowledge of the teach- This title may be cited as the ‘‘National Insti- NOAA research, observations, monitoring mod- ers, including through programs linking STEM tute of Standards and Technology Authoriza- eling, and predictions that sustain ecosystem teachers with STEM educators at the higher tion Act of 2010’’. services; education level.’’; SEC. 402. AUTHORIZATION OF APPROPRIATIONS. ‘‘(2) to promote United States leadership in (4) by striking ‘‘develop’’ in subsection (c), as (a) FISCAL YEAR 2011.— oceanic and atmospheric science and competi- redesignated, and inserting ‘‘maintain’’; and tiveness in the applied uses of such knowledge, (1) IN GENERAL.—There are authorized to be (5) by adding at the end thereof the following: including for the development and expansion of appropriated to the Secretary of Commerce economic opportunities; and ‘‘(e) STEM DEFINED.—In this section, the term $918,900,000 for the National Institute of Stand- ‘‘(3) to advance ocean, coastal, Great Lakes, ‘STEM’ means the academic and professional ards and Technology for fiscal year 2011. and atmospheric research and development, in- disciplines of science, technology, engineering, (2) SPECIFIC ALLOCATIONS.—Of the amount cluding potentially transformational research, and mathematics.’’. authorized by paragraph (1)— in collaboration with other relevant Federal SEC. 303. WORKFORCE STUDY. (A) $584,500,000 shall be authorized for scientific and technical research and services lab- agencies, academic institutions, the private sec- (a) IN GENERAL.—The Secretary of Commerce, tor, and nongovernmental programs, consistent in cooperation with the Secretary of Education, oratory activities; (B) $124,800,000 shall be authorized for the with NOAA’s mission to understand, observe, shall request the National Academy of Sciences construction and maintenance of facilities; and and model the Earth’s atmosphere and bio- to conduct a study on the scientific workforce in (C) $209,600,000 shall be authorized for indus- sphere, including the oceans, in an integrated the areas of oceanic and atmospheric research trial technology services activities, of which— manner. and development. The study shall investigate— ‘‘(c) REPORT.—No later than 12 months after (i) $141,100,000 shall be authorized for the (1) whether there is a shortage in the number the date of enactment of the America COM- Manufacturing Extension Partnership program PETES Reauthorization Act of 2010, the Admin- of individuals with advanced degrees in oceanic under sections 25 and 26 of such Act (15 U.S.C. istrator, in consultation with the National and atmospheric sciences who have the ability 278k and 278l), of which not more than Science Foundation or other such agencies with to conduct high quality scientific research in $5,000,000 shall be for the competitive grant pro- mature transformational research portfolios, physical and chemical oceanography, meteor- gram under section 25(f) of such Act; and shall develop and submit a report to the Senate ology, and atmospheric modeling, and related (ii) $10,000,000 shall be authorized for the Committee on Commerce, Science, and Transpor- fields, for government, nonprofit, and private Malcolm Baldrige National Quality Award pro- tation and the House of Representatives Com- sector entities; gram under section 17 of the Stevenson-Wydler mittee on Science and Technology that describes (2) what Federal programs are available to Technology Innovation Act of 1980 (15 U.S.C. NOAA’s strategy for enhancing trans- help facilitate the education of students hoping 3711a). formational research in its research and devel- to pursue these degrees; (b) FISCAL YEAR 2012.— opment portfolio to increase United States com- (3) barriers to transitioning highly qualified (1) IN GENERAL.—There are authorized to be petitiveness in oceanic and atmospheric science oceanic and atmospheric scientists into Federal appropriated to the Secretary of Commerce and technology. The report shall— civil service scientist career tracks; $970,800,000 for the National Institute of Stand- ‘‘(1) define ‘transformational research’; (4) what institutions of higher education, the ards and Technology for fiscal year 2012. ‘‘(2) identify emerging and innovative areas of private sector, and the Congress could do to in- (2) SPECIFIC ALLOCATIONS.—Of the amount research and development where trans- crease the number of individuals with such post authorized by paragraph (1)— formational research has the potential to make baccalaureate degrees; (A) $661,100,000 shall be authorized for sci- significant and revolutionary –advancements in (5) the impact of an aging Federal scientist entific and technical research and services lab- both understanding and U.S. science leadership; oratory activities; ‘‘(3) describe how transformational research workforce on the ability of Federal agencies to conduct high quality scientific research; and (B) $84,900,000 shall be authorized for the con- priorities are identified and appropriately –bal- struction and maintenance of facilities; and anced in the context of NOAA’s broader re- (6) what actions the Federal government can take to assist the transition of highly qualified (C) $224,800,000 shall be authorized for indus- search portfolio; trial technology services activities, of which— ‘‘(4) describe NOAA’s plan for developing a scientists into Federal career scientist positions (i) $155,100,000 shall be authorized for the competitive peer review and priority-setting and ensure that the experiences of retiring Fed- Manufacturing Extension Partnership program –process, funding mechanisms, performance and eral scientists are adequately documented and under sections 25 and 26 of such Act (15 U.S.C. evaluation measures, and transition-to-oper- transferred prior to retirement from Federal 278k and 278l), of which not more than ation guidelines for transformational research; service. $5,000,000 shall be for the competitive grant pro- and (b) COORDINATION.—The Secretary of Com- gram under section 25(f) of such Act; and ‘‘(5) describe partnerships with other agencies merce and the Secretary of Education shall con- (ii) $10,300,000 shall be authorized for the involved in transformational research.’’. sult with the heads of other Federal agencies Malcolm Baldrige National Quality Award pro- SEC. 302. OCEANIC AND ATMOSPHERIC SCIENCE and departments with oceanic and atmospheric gram under section 17 of the Stevenson-Wydler EDUCATION PROGRAMS. expertise or authority in preparing the specifica- Technology Innovation Act of 1980 (15 U.S.C. Section 4002 of the America COMPETES Act tions for the study. 3711a). (33 U.S.C. 893a) is amended— (c) REPORT.—No later than 18 months after (1) by striking ‘‘the agency.’’ in subsection (a) (c) FISCAL YEAR 2013.— the date of enactment of this Act, the Secretary and inserting ‘‘agency, with consideration given (1) IN GENERAL.—There are authorized to be of Commerce and the Secretary of Education to the goal of promoting the participation of in- appropriated to the Secretary of Commerce shall transmit a joint report to each committee dividuals from underrepresented groups in $1,039,709,000 for the National Institute of of Congress with jurisdiction over the programs STEM fields and in promoting the acquisition Standards and Technology for fiscal year 2013. described in 4002(b) of the America COMPETES and retention of highly qualified and motivated (2) SPECIFIC ALLOCATIONS.—Of the amount Act (33 U.S.C. 893a(b)), as amended by section young scientists to complement and supplement authorized by paragraph (1)— 302 of this Act, detailing the findings and rec- workforce needs.’’; (A) $676,700,000 shall be authorized for sci- (2) by redesignating subsections (b) and (c) as ommendations of the study and setting forth a entific and technical research and services lab- subsections (c) and (d), respectively; prioritized plan to implement the recommenda- oratory activities; (3) by inserting after subsection (a) the fol- tions. (B) $121,300,000 shall be authorized for the lowing: (d) PROGRAM AND PLAN.—The Administrator construction and maintenance of facilities; and ‘‘(b) EDUCATIONAL PROGRAM GOALS.—The of the National Oceanic and Atmospheric Ad- (C) $241,709,000 shall be authorized for indus- education programs developed by NOAA shall, ministration shall evaluate the National Acad- trial technology services activities, of which— to the extent applicable— emy of Sciences study and develop a workforce (i) $165,100,000 shall be authorized for the ‘‘(1) carry out and support research based program and plan to institutionalize the Admin- Manufacturing Extension Partnership program programs and activities designed to increase stu- istration’s Federal science career pathways and under sections 25 and 26 of such Act (15 U.S.C. dent interest and participation in STEM; address aging workforce issues. The program 278k and 278l), of which not more than ‘‘(2) improve public literacy in STEM; and plan shall be developed in consultation $5,000,000 shall be for the competitive grant pro- ‘‘(3) employ proven strategies and methods for with the Administration’s cooperative institutes gram under section 25(f) of such Act; and improving student learning and teaching in and other academic partners to identify and im- (ii) $10,609,000 shall be authorized for the STEM; plement programs and mechanisms to ensure ‘‘(4) provide curriculum support materials and Malcolm Baldrige National Quality Award pro- that— other resources that— gram under section 17 of the Stevenson-Wydler ‘‘(A) are designed to be integrated with com- (1) sufficient highly qualified scientists are Technology Innovation Act of 1980 (15 U.S.C. prehensive STEM education; able to transition into Federal career scientist 3711a). ‘‘(B) are aligned with national science edu- positions in the Administration’s laboratories SEC. 403. UNDER SECRETARY OF COMMERCE FOR cation standards; and and programs; and STANDARDS AND TECHNOLOGY. ‘‘(C) promote the adoption and implementa- (2) the technical and management experiences (a) ESTABLISHMENT.—The National Institute tion of high-quality education practices that of senior employees are documented and trans- of Standards and Technology Act is amended by build toward college and career-readiness; and ferred before leaving Federal service. inserting after section 3 the following:

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‘‘SEC. 4. UNDER SECRETARY OF COMMERCE FOR ‘‘(h) REPORTS.— and inserting ‘‘regional centers for the transfer STANDARDS AND TECHNOLOGY. ‘‘(1) IN GENERAL.—In submitting the 3-year of manufacturing technology’’. ‘‘(a) ESTABLISHMENT.—There shall be in the programmatic planning document and annual (B) Section 25 of such Act (15 U.S.C. 278k), as Department of Commerce an Under Secretary of updates under section 23, the Director shall in- amended by subsection (f), is further amended Commerce for Standards and Technology (in clude an assessment of the Director’s govern- by adding at the end the following: this section referred to as the ‘Under Sec- ance of the program established under this sec- ‘‘(j) COMMUNITY COLLEGE DEFINED.—In this retary’). tion. section, the term ‘community college’ means an ‘‘(b) APPOINTMENT.—The Under Secretary ‘‘(2) CRITERIA.—In conducting the assessment, institution of higher education (as defined shall be appointed by the President by and with the Director shall use the criteria established under section 101(a) of the Higher Education the advice and consent of the Senate. pursuant to the Malcolm Baldrige National Act of 1965 (20 U.S.C. 1001(a))) at which the ‘‘(c) COMPENSATION.—The Under Secretary Quality Award under section 17(d)(1)(C) of the highest degree that is predominately awarded to shall be compensated at the rate in effect for Stevenson-Wydler Technology Innovation Act of students is an associate’s degree.’’. level III of the Executive Schedule under section 1980 (15 U.S.C. 3711a(d)(1)(C)).’’. (h) EVALUATION OF OBSTACLES UNIQUE TO 5314 of title 5, United States Code. (d) HOLLINGS MANUFACTURING EXTENSION SMALL MANUFACTURERS.—Section 25 of such Act ‘‘(d) DUTIES.—The Under Secretary shall PARTNERSHIP PROGRAM COST-SHARING.—Section (15 U.S.C. 278k), as amended by subsection (g), serve as the Director of the Institute and shall 25(c) of such Act (15 U.S.C. 278k(c)) is amended is further amended by adding at the end the fol- perform such duties as required of the Director by adding at the end the following: lowing: by the Secretary under this Act or by law. ‘‘(7) Not later than 90 days after the date of ‘‘(k) EVALUATION OF OBSTACLES UNIQUE TO ‘‘(e) APPLICABILITY.—The individual serving enactment of the National Institute of Stand- SMALL MANUFACTURERS.—The Director shall— as the Director of the Institute on the date of ards and Technology Authorization Act of 2010, ‘‘(1) evaluate obstacles that are unique to enactment of the National Institute of Stand- the Comptroller General shall submit to Con- small manufacturers that prevent such manu- ards and Technology Authorization Act of 2010 gress a report on the cost share requirements facturers from effectively competing in the glob- shall also serve as the Under Secretary until under the program. The report shall— al market; such time as a successor is appointed under sub- ‘‘(A) discuss various cost share structures, in- ‘‘(2) implement a comprehensive plan to train section (b).’’. cluding the cost share structure in place prior to the Centers to address such obstacles; and (b) CONFORMING AMENDMENTS.— such date of enactment, and the effect of such ‘‘(3) facilitate improved communication be- (1) TITLE 5, UNITED STATES CODE.— cost share structures on individual Centers and tween the Centers to assist such manufacturers (A) LEVEL III.—Section 5314 of title 5, United the overall program; and in implementing appropriate, targeted solutions States Code, is amended by inserting before the ‘‘(B) include recommendations for how best to to such obstacles.’’. item ‘‘Associate Attorney General’’ the fol- structure the cost share requirement to provide (i) NIST ACT AMENDMENT.—Section 25(f)(3) of lowing: for the long-term sustainability of the pro- the National Institute of Standards and Tech- ‘‘Under Secretary of Commerce for Standards gram.’’. nology Act (15 U.S.C. 278k(f)(3)) is amended by and Technology, who also serves as Director of ‘‘(8) If consistent with the recommendations in striking ‘‘Director of the Centers program,’’ and the National Institute of Standards and Tech- the report transmitted to Congress under para- inserting ‘‘Director of the Hollings MEP pro- nology.’’. graph (7), the Secretary shall alter the cost gram,’’. (B) LEVEL IV.—Section 5315 of title 5, United structure requirements specified under para- SEC. 405. EMERGENCY COMMUNICATION AND States Code, is amended by striking ‘‘Director, graph (3)(B) and (5) provided that the modifica- National Institute of Standards and Tech- TRACKING TECHNOLOGIES RE- tion does not increase the cost share structure in SEARCH INITIATIVE. nology, Department of Commerce.’’. place before the date of enactment of the Amer- (a) ESTABLISHMENT.—The Director shall es- (2) NATIONAL INSTITUTE OF STANDARDS AND ica COMPETES Reauthorization Act of 2010, or tablish a research initiative to support the de- TECHNOLOGY ACT.—Section 5 of the National In- allow the Secretary to provide a Center more velopment of emergency communication and stitute of Standards and Technology Act (15 than 50 percent of the costs incurred by that tracking technologies for use in locating trapped U.S.C. 274) is amended by striking the first, Center.’’. individuals in confined spaces, such as under- fifth, and sixth sentences. (e) ADVISORY BOARD.—Section 25(e)(4) of such ground mines, and other shielded environments, SEC. 404. MANUFACTURING EXTENSION PART- Act (15 U.S.C. 278k(e)(4)) is amended to read as such as high-rise buildings or collapsed struc- NERSHIP. follows: tures, where conventional radio communication (a) COMMUNITY COLLEGE SUPPORT.—Section ‘‘(4) FEDERAL ADVISORY COMMITTEE ACT AP- is limited. 25(a) of the National Institute of Standards and PLICABILITY .— (b) ACTIVITIES.—In order to carry out this sec- Technology Act (15 U.S.C. 278k(a)) is amended— ‘‘(A) IN GENERAL.—In discharging its duties tion, the Director shall work with the private (1) by striking ‘‘and’’ after the semicolon in under this subsection, the MEP Advisory Board sector and appropriate Federal agencies to— paragraph (4); shall function solely in an advisory capacity, in (1) perform a needs assessment to identify and (2) by striking ‘‘Institute.’’ in paragraph (5) accordance with the Federal Advisory Com- evaluate the measurement, technical standards, and inserting ‘‘Institute; and’’; and mittee Act. and conformity assessment needs required to im- (3) by adding at the end the following: ‘‘(B) EXCEPTION.—Section 14 of the Federal prove the operation and reliability of such emer- ‘‘(6) providing to community colleges informa- Advisory Committee Act shall not apply to the gency communication and tracking tech- tion about the job skills needed in small- and MEP Advisory Board.’. nologies; medium-sized manufacturing businesses in the (f) DESIGNATION OF PROGRAM.— (2) support the development of technical regions they serve.’’. (1) IN GENERAL.—Section 25 of the National standards and conformance architecture to im- (b) INNOVATIVE SERVICES INITIATIVE.—Section Institute of Standards and Technology Act (15 prove the operation and reliability of such emer- 25 of such Act (15 U.S.C. 278k) is amended by U.S.C. 278k), as amended by subsection (c), is gency communication and tracking tech- adding at the end the following: further amended by adding at the end the fol- nologies; and ‘‘(g) INNOVATIVE SERVICES INITIATIVE.— lowing: (3) incorporate and build upon existing re- ‘‘(1) ESTABLISHMENT.—The Director shall es- ‘‘(i) DESIGNATION.— ports and studies on improving emergency com- tablish, within the Centers program under this ‘‘(1) HOLLINGS MANUFACTURING EXTENSION munications. section, an innovative services initiative to as- PARTNERSHIP.—The program under this section sist small- and medium-sized manufacturers in— shall be known as the ‘Hollings Manufacturing (c) REPORT.—Not later than 18 months after ‘‘(A) reducing their energy usage, greenhouse Extension Partnership’. the date of enactment of this Act, the Director gas emissions, and environmental waste to im- ‘‘(2) HOLLINGS MANUFACTURING EXTENSION shall submit to Congress and make publicly prove profitability; CENTERS.—The Regional Centers for the Trans- available a report describing the assessment per- ‘‘(B) accelerating the domestic commercializa- fer of Manufacturing Technology created and formed under subsection (b)(1) and making rection of new product technologies, including supported under subsection (a) shall be known ommendations about research priorities to ad- components for renewable energy and energy ef- as the ‘Hollings Manufacturing Extension Cen- dress gaps in the measurement, technical stand- ficiency systems; and ters’ (in this Act referred to as the ‘Centers’).’’. ards, and conformity assessment needs identi- ‘‘(C) identification of and diversification to (2) CONFORMING AMENDMENT TO CONSOLI- fied by the assessment. new markets, including support for DATED APPROPRIATIONS ACT, 2005.—Division B SEC. 406. BROADENING PARTICIPATION. transitioning to the production of components of title II of the Consolidated Appropriations (a) RESEARCH FELLOWSHIPS.—Section 18 of the for renewable energy and energy efficiency sys- Act, 2005 (Public Law 108–447; 118 Stat. 2879; 15 National Institute of Standards and Technology tems. U.S.C. 278k note) is amended under the heading Act (15 U.S.C. 278g–1) is amended by adding at ‘‘(2) MARKET DEMAND.—The Director may not ‘‘INDUSTRIAL TECHNOLOGY SERVICES’’ by striking the end the following: undertake any activity to accelerate the domes- ‘‘2007: Provided further, That’’ and all that fol- ‘‘(c) UNDERREPRESENTED MINORITIES.—In tic commercialization of a new product tech- lows through ‘‘Extension Centers.’’ and insert- evaluating applications for fellowships under nology under this subsection unless an analysis ing ‘‘2007.’’. this section, the Director shall give consider- of market demand for the new product tech- (3) TECHNICAL AMENDMENTS.— ation to the goal of promoting the participation nology has been conducted.’’. (A) Section 25(a) of the National Institute of of underrepresented minorities in research areas (c) REPORTS.—Section 25 of such Act (15 Standards and Technology Act (15 U.S.C. supported by the Institute.’’. U.S.C. 278k), as amended by subsection (b), is 278k(a)) is amended in the matter preceding (b) POSTDOCTORAL FELLOWSHIP PROGRAM.— further amended by adding at the end the fol- paragraph (1) by striking ‘‘Regional Centers for Section 19 of such Act (15 U.S.C. 278g–2) is lowing: the Transfer of Manufacturing Technology’’ amended by adding at the end the following:

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‘‘In evaluating applications for fellowships (6) UNITED STATES.—The term ‘‘United (2) by adding at the end the following: ‘‘The under this section, the Director shall give con- States’’ means the several States, the District of preceding requirement will apply to meetings of sideration to the goal of promoting the partici- Columbia, the Commonwealth of Puerto Rico, the full Board, whenever a quorum is present; pation of underrepresented minorities in re- the Virgin Islands, Guam, American Samoa, the and to meetings of its subdivisions, whenever a search areas supported by the Institute.’’. Commonwealth of the Northern Mariana Is- quorum of the subdivision is present.’’. (c) TEACHER DEVELOPMENT.—Section 19A(c) of lands, and any other territory or possession of SEC. 505. NATIONAL CENTER FOR SCIENCE AND such Act (15 U.S.C. 278g–2a(c)) is amended by the United States. ENGINEERING STATISTICS. adding at the end the following: ‘‘The Director SEC. 503. AUTHORIZATION OF APPROPRIATIONS. (a) ESTABLISHMENT.—There is established shall give special consideration to an applica- (a) FISCAL YEAR 2011.— within the Foundation a National Center for tion from a teacher from a high-need school, as (1) IN GENERAL.—There are authorized to be Science and Engineering Statistics that shall defined in section 200 of the Higher Education appropriated to the Foundation $7,424,400,000 serve as a central Federal clearinghouse for the Act of 1965 (20 U.S.C. 1021).’’. for fiscal year 2011. collection, interpretation, analysis, and dissemi- SEC. 407. NIST FELLOWSHIPS. (2) SPECIFIC ALLOCATIONS.—Of the amount nation of objective data on science, engineering, (a) POST-DOCTORAL FELLOWSHIP PROGRAM.— authorized by paragraph (1)— technology, and research and development. Section 19 of the National Institute of Standards (A) $5,974,782,000 shall be made available to (b) DUTIES.—In carrying out subsection (a) of and Technology Act (15 U.S.C. 278g–2) is amend- carry research and related activities; this section, the Director, acting through the ed by striking ‘‘, in conjunction with the Na- (B) $937,850,000 shall be made available for Center shall— tional Academy of Sciences,’’. education and human resources; (1) collect, acquire, analyze, report, and dis- (b) RESEARCH FELLOWSHIPS.—Section 18(a) of (C) $164,744,000 shall be made available for seminate statistical data related to the science that Act (15 USC 278g–1(a)) is amended by strik- major research equipment and facilities con- and engineering enterprise in the United States ing ‘‘up to 1.5 percent of the’’. struction; and other nations that is relevant and useful to (c) COMMERCE, SCIENCE, AND TECHNOLOGY (D) $327,503,000 shall be made available for practitioners, researchers, policymakers, and the FELLOWSHIP PROGRAM.—Section 5163(d) of the agency operations and award management; public, including statistical data on— Omnibus Trade and Competition Act of 1988 (15 (E) $4,803,000 shall be made available for the (A) research and development trends; U.S.C. 1533) is repealed. Office of the National Science Board; and (B) the science and engineering workforce; SEC. 408. GREEN MANUFACTURING AND CON- (F) $14,718,000 shall be made available for the (C) United States competitiveness in science, STRUCTION. Office of Inspector General. engineering, technology, and research and de- The Director shall carry out a green manufac- (b) FISCAL YEAR 2012.— velopment; and turing and construction initiative— (1) IN GENERAL.—There are authorized to be (D) the condition and progress of United (1) to develop accurate sustainability metrics appropriated to the Foundation $7,800,000,000 States STEM education; and practices for use in manufacturing; for fiscal year 2012. (2) support research using the data it collects, (2) to advance the development of standards, (2) SPECIFIC ALLOCATIONS.—Of the amount and on methodologies in areas related to the including high performance green building authorized by paragraph (1)— work of the Center; and standards, and the creation of an information (A) $6,234,281,000 shall be made available to (3) support the education and training of re- infrastructure to communicate sustainability in- carry research and related activities; searchers in the use of large-scale, nationally formation about suppliers; and (B) $978,959,000 shall be made available for representative data sets. (3) to move buildings toward becoming high education and human resources; (c) STATISTICAL REPORTS.—The Director or performance green buildings, including improv- (C) $225,544,000 shall be made available for the National Science Board, acting through the ing energy performance, service life, and indoor major research equipment and facilities con- Center, shall issue regular, and as necessary, air quality of new and retrofitted buildings struction; special statistical reports on topics related to the through validated measurement data. (D) $341,676,000 shall be made available for national and international science and engi- SEC. 409. DEFINITIONS. agency operations and award management; neering enterprise such as the biennial report In this title: (E) $4,808,000 shall be made available for the required by section 4(j)(1) of the National (1) DIRECTOR.—The term ‘‘Director’’ means Office of the National Science Board; and Science Foundation Act of 1950 (42 U.S.C. the Director of the National Institute of Stand- (F) $14,732,000 shall be made available for the 1863(j)(1)) on indicators of the state of science ards and Technology. Office of Inspector General. and engineering in the United States. EDERAL AGENCY (2) F .—The term ‘‘Federal (c) FISCAL YEAR 2013.— agency’’ has the meaning given such term in SEC. 506. NATIONAL SCIENCE FOUNDATION MAN- (1) IN GENERAL.—There are authorized to be UFACTURING RESEARCH AND EDU- section 4 of the Stevenson-Wydler Technology appropriated to the Foundation $8,300,000,000 CATION. Innovation Act of 1980 (15 U.S.C. 3703). for fiscal year 2013. (a) MANUFACTURING RESEARCH.—The Director (3) HIGH PERFORMANCE GREEN BUILDING.—The (2) SPECIFIC ALLOCATIONS.—Of the amount shall carry out a program to award merit-re- term ‘‘high performance green building’’ has the authorized by paragraph (1)— viewed, competitive grants to institutions of meaning given that term by section 401(13) of (A) $6,637,849,000 shall be made available to higher education to support fundamental re- the Energy Independence and Security Act of carry research and related activities; search leading to transformative advances in 2009 (42 U.S.C. 17061(13)). (B) $1,041,762,000 shall be made available for manufacturing technologies, processes, and en- TITLE V—SCIENCE, TECHNOLOGY, ENGI- education and human resources; terprises that will support United States manu- NEERING, AND MATHEMATICS SUPPORT (C) $236,764,000 shall be made available for facturing through improved performance, pro- PROGRAMS major research equipment and facilities con- ductivity, sustainability, and competitiveness. SUBTITLE A—NATIONAL SCIENCE struction; Research areas may include— FOUNDATION (D) $363,670,000 shall be made available for (1) nanomanufacturing; SEC. 501. SHORT TITLE. agency operations and award management; (2) manufacturing and construction machines This subtitle may be cited as the ‘‘National (E) $4,906,000 shall be made available for the and equipment, including robotics, automation, Science Foundation Authorization Act of 2010’’. Office of the National Science Board; and and other intelligent systems; SEC. 502. DEFINITIONS. (F) $15,049,000 shall be made available for the (3) manufacturing enterprise systems; In this subtitle: Office of Inspector General. (4) advanced sensing and control techniques; (1) DIRECTOR.—The term ‘‘Director’’ means SEC. 504. NATIONAL SCIENCE BOARD ADMINIS- (5) materials processing; and the Director of the National Science Founda- TRATIVE AMENDMENTS. (6) information technologies for manufac- tion. (a) STAFFING AT THE NATIONAL SCIENCE turing, including predictive and real-time mod- (2) EPSCOR.—The term ‘‘EPSCoR’’ means the BOARD.—Section 4(g) of the National Science els and simulations, and virtual manufacturing. Experimental Program to Stimulate Competitive Foundation Act of 1950 (42 U.S.C. 1863(g)) is (b) MANUFACTURING EDUCATION.—In order to Research. amended by striking ‘‘not more than 5’’. help ensure a well-trained manufacturing work- (3) FOUNDATION.—The term ‘‘Foundation’’ (b) NATIONAL SCIENCE BOARD REPORTS.—Sec- force, the Director shall award grants to means the National Science Foundation estab- tion 4(j)(2) of the National Science Foundation strengthen and expand scientific and technical lished under section 2 of the National Science Act of 1950 (42 U.S.C. 1863(j)(2)) is amended by education and training in advanced manufac- Foundation Act of 1950 (42 U.S.C. 1861). inserting ‘‘within the authority of the Founda- turing, including through the Foundation’s Ad- (4) INSTITUTION OF HIGHER EDUCATION.—The tion (or otherwise as requested by the Congress vanced Technological Education program. term ‘‘institution of higher education’’ has the or the President)’’ after ‘‘individual policy mat- SEC. 507. NATIONAL SCIENCE BOARD REPORT ON meaning given such term in section 101(a) of the ters’’. MID-SCALE INSTRUMENTATION. Higher Education Act of 1965 (20 U.S.C. (c) BOARD ADHERENCE TO SUNSHINE ACT.— (a) MID-SCALE RESEARCH INSTRUMENTATION 1001(a)). Section 15(a)(2) of the National Science Founda- NEEDS.—The National Science Board shall (5) STATE.—The term ‘‘State’’ means one of tion Authorization Act of 2002 (42 U.S.C. 1862n– evaluate the needs, across all disciplines sup- the several States, the District of Columbia, the 5(a)(2)) is amended— ported by the Foundation, for mid-scale re- Commonwealth of Puerto Rico, the Virgin Is- (1) by striking ‘‘The Board’’ and inserting search instrumentation that falls between the lands, Guam, American Samoa, the Common- ‘‘To ensure transparency of the Board’s entire instruments funded by the Major Research In- wealth of the Northern Mariana Islands, or any decision-making process, including deliberations strumentation program and the very large other territory or possession of the United on Board business occurring within its various projects funded by the Major Research Equip- States. subdivisions, the Board’’; and ment and Facilities Construction program.

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(b) REPORT ON MID-SCALE RESEARCH INSTRU- (d) ADDITIONAL CRITERIA.—In selecting grant ship shall include a cost of education allowance MENTATION PROGRAM.—Not later than 1 year recipients under this section, the Director shall of $12,000, subject to any restrictions on the use after the date of enactment of this Act, the Na- also consider the extent to which the applicants of cost of education allowance as determined by tional Science Board shall submit to Congress a are able to demonstrate evidence of institutional the Director.’’. report on mid-scale research instrumentation at support for, and commitment to— SEC. 511. ROBERT NOYCE TEACHER SCHOLAR- the Foundation. At a minimum, this report shall (1) achieving the goals of the program as de- SHIP PROGRAM. include— scribed in subsection (c); (a) MATCHING REQUIREMENT.—Section (1) the findings from the Board’s evaluation of (2) expansion to an institution-wide program 10A(h)(1) of the National Science Foundation instrumentation needs required under sub- if the initial proposal is not for an institution- Authorization Act of 2002 (42 U.S.C. 1862n– section (a), including a description of dif- wide program; and 1a(h)(1)) is amended to read as follows: ferences across disciplines and Foundation re- (3) sustaining any new innovation tools and ‘‘(1) IN GENERAL.—An eligible entity receiving search directorates; resources generated from funding under this a grant under this section shall provide, from (2) a recommendation or recommendations reprogram. non-Federal sources, to carry out the activities garding how the Foundation should set prior- (e) LIMITATION.—No funds provided under supported by the grant— ities for mid-scale instrumentation across dis- this section may be used to construct or ren- ‘‘(A) in the case of grants in an amount of less ciplines and Foundation research directorates; ovate a building or structure. than $1,500,000, an amount equal to at least 30 (3) a recommendation or recommendations re- SEC. 509. SUSTAINABLE CHEMISTRY BASIC RE- percent of the amount of the grant, at least one garding the appropriateness of expanding exist- SEARCH. half of which shall be in cash; and ing programs, including the Major Research In- The Director shall establish a Green Chem- ‘‘(B) in the case of grants in an amount of strumentation program or the Major Research istry Basic Research program to award competi- $1,500,000 or more, an amount equal to at least Equipment and Facilities Construction program, tive, merit-based grants to support research into 50 percent of the amount of the grant, at least to support more instrumentation at the mid- green and sustainable chemistry which will lead one half of which shall be in cash.’’. scale; to clean, safe, and economical alternatives to (b) RETIRING STEM PROFESSIONALS.—Section (4) a recommendation or recommendations re- traditional chemical products and practices. The 10A(a)(2)(A) of the National Science Foundation garding the need for and appropriateness of a research program shall provide sustained sup- Authorization Act of 2002 (42 U.S.C. 1862n– new, Foundation-wide program or initiative in port for green chemistry research, education, 1a(a)(2)(A)) is amended by inserting ‘‘including support of mid-scale instrumentation, including and technology transfer through— retiring professionals in those fields,’’ after any recommendations regarding the administra- (1) merit-reviewed competitive grants to indi- ‘‘mathematics professionals,’’. tion of and budget for such a program or initia- vidual investigators and teams of investigators, tive and the appropriate scope of instruments to SEC. 512 UNDERGRADUATE BROADENING PAR- including, to the extent practicable, young in- TICIPATION PROGRAM. be funded under such a program or initiative; vestigators, for research; The Foundation shall continue to support the and (2) grants to fund collaborative research part- (5) any recommendation or recommendations Historically Black Colleges and Universities Un- nerships among universities, industry, and non- regarding other options for supporting mid-scale dergraduate Program, the Louis Stokes Alli- profit organizations; research instrumentation at the Foundation. ances for Minority Participation program, the (3) symposia, forums, and conferences to in- Tribal Colleges and Universities Program, and SEC. 508. PARTNERSHIPS FOR INNOVATION. crease outreach, collaboration, and dissemina- Hispanic-serving institutions as separate pro- (a) IN GENERAL.—The Director shall carry out tion of green chemistry advances and practices; a program to award merit-reviewed, competitive grams. and grants to institutions of higher education to es- SEC. 513. RESEARCH EXPERIENCES FOR HIGH (4) education, training, and retraining of un- tablish and to expand partnerships that promote SCHOOL STUDENTS. dergraduate and graduate students and profes- innovation and increase the impact of research The Director shall permit specialized STEM sional chemists and chemical engineers, includ- by developing tools and resources to connect high schools conducting research to participate ing through partnerships with industry, in new scientific discoveries to practical uses. in major data collection initiatives from univer- green chemistry science and engineering. (b) PARTNERSHIPS.— sities, corporations, or government labs under a (1) IN GENERAL.—To be eligible for funding SEC. 510. GRADUATE STUDENT SUPPORT. research grant from the Foundation, as part of under this section, an institution of higher edu- (a) FINDING.—The Congress finds that— the research proposal. cation must propose establishment of a partner- (1) the Integrative Graduate Education and SEC. 514. RESEARCH EXPERIENCES FOR UNDER- ship that— Research Traineeship program is an important GRADUATES. (A) includes at least one private sector entity; program for training the next generation of sci- (a) RESEARCH SITES.—The Director shall and entists and engineers in team-based inter- award grants, on a merit-reviewed, competitive (B) may include other institutions of higher disciplinary research and problem solving, and basis, to institutions of higher education, non- education, public sector institutions, private sec- for providing them with the many additional profit organizations, or consortia of such insti- tor entities, and nonprofit organizations. skills, such as communication skills, needed to tutions and organizations, for sites designated (2) PRIORITY.—In selecting grant recipients thrive in diverse STEM careers; and by the Director to provide research experiences under this section, the Director shall give pri- (2) the Integrative Graduate Education and for 6 or more undergraduate STEM students for ority to partnerships that include one or more Research Traineeship program is no less valu- sites designated at primarily undergraduate in- institutions of higher education and at least one able to the preparation and support of graduate stitutions of higher education and 10 or more of the following: students than the Foundation’s Graduate Re- undergraduate STEM students for all other (A) A minority serving institution. search Fellowship program. sites, with consideration given to the goal of (B) A primarily undergraduate institution. (b) EQUAL TREATMENT OF IGERT AND GRF.— promoting the participation of individuals iden- (C) A 2-year institution of higher education. Beginning in fiscal year 2011, the Director shall tified in section 33 or 34 of the Science and Engi- (c) PROGRAM.—Proposals funded under this increase or, if necessary, decrease funding for neering Equal Opportunities Act (42 U.S.C. section shall seek— (1) to increase the impact of the most prom- the Foundation’s Integrative Graduate Edu- 1885a or 1885b). The Director shall ensure that— ising research at the institution or institutions cation and Research Traineeship program (or (1) at least half of the students participating of higher education that are members of the any program by which it is replaced) at least at in a program funded by a grant under this sub- partnership through knowledge transfer or com- the same rate as it increases or decreases fund- section at each site shall be recruited from insti- mercialization; ing for the Graduate Research Fellowship pro- tutions of higher education where research op- (2) to increase the engagement of faculty and gram. portunities in STEM are limited, including 2- students across multiple disciplines and depart- (c) SUPPORT FOR GRADUATE STUDENT RE- year institutions; ments, including faculty and students in schools SEARCH FROM THE RESEARCH ACCOUNT.—For (2) the awards provide undergraduate re- of business and other appropriate non-STEM each of the fiscal years 2011 through 2013, at search experiences in a wide range of STEM dis- fields and disciplines in knowledge transfer ac- least 50 percent of the total Foundation funds ciplines; tivities; allocated to the Integrative Graduate Education (3) the awards support a variety of projects, (3) to enhance education and mentoring of and Research Traineeship program and the including independent investigator-led projects, students and faculty in innovation and entre- Graduate Research Fellowship program shall interdisciplinary projects, and multi-institu- preneurship through networks, courses, and de- come from funds appropriated for Research and tional projects (including virtual projects); velopment of best practices and curricula; Related Activities. (4) students participating in each program (4) to strengthen the culture of the institution (d) COST OF EDUCATION ALLOWANCE FOR GRF funded have mentors, including during the aca- or institutions of higher education to undertake PROGRAM.—Section 10 of the National Science demic year to the extent practicable, to help and participate in activities related to innova- Foundation Act of 1950 (42 U.S.C. 1869) is connect the students’ research experiences to tion and leading to economic or social impact; amended— the overall academic course of study and to help (5) to broaden the participation of all types of (1) by inserting ‘‘(a) IN GENERAL.—’’ before students achieve success in courses of study institutions of higher education in activities to ‘‘The Foundation is authorized’’; and leading to a baccalaureate degree in a STEM meet STEM workforce needs and promote inno- (2) by adding at the end the following: field; vation and knowledge transfer; and ‘‘(b) AMOUNT.—The Director shall establish (5) mentors and students are supported with (6) to build lasting partnerships with local for each year the amount to be awarded for appropriate salary or stipends; and and regional businesses, local and State govern- scholarships and fellowships under this section (6) student participants are tracked, for em- ments, and other relevant entities. for that year. Each such scholarship and fellow- ployment and continued matriculation in STEM

VerDate Mar 15 2010 05:47 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00045 Fmt 4634 Sfmt 6333 E:\CR\FM\A21DE7.051 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8832 CONGRESSIONAL RECORD — HOUSE December 21, 2010 fields, through receipt of the undergraduate de- cyber-enabled learning to create an innovative semination, application, and national research gree and for at least 3 years thereafter. STEM workforce and to help retrain and retain and development competitiveness; (b) INCLUSION OF UNDERGRADUATES IN STAND- our existing STEM workforce to address na- (E) coordinate the development and implemen- ARD RESEARCH GRANTS.—The Director shall re- tional challenges, including national security tation of new, novel workshops, outreach activi- quire that every recipient of a research grant and competitiveness, and use technology to en- ties, and follow-up mentoring activities among from the Foundation proposing to include 1 or hance or supplement laboratory based learning. EPSCoR or EPSCoR-like programs for colleges more students enrolled in certificate, associate, SEC. 517. EXPERIMENTAL PROGRAM TO STIMU- and universities in EPSCoR States and terri- or baccalaureate degree programs in carrying LATE COMPETITIVE RESEARCH. tories in order to increase the number of pro- out the research under the grant shall request (a) FINDINGS.—The Congress finds that— posals submitted and successfully funded and to support, including stipend support, for such un- (1) The National Science Foundation Act of enhance statewide coordination of EPSCoR and dergraduate students as part of the research 1950 stated, ‘‘it shall be an objective of the Federal EPSCoR-like programs; proposal itself rather than as a supplement to Foundation to strengthen research and edu- (F) coordinate the development of new, inno- the research proposal, unless such under- cation in the sciences and engineering, includ- vative solicitations and programs to facilitate graduate participation was not foreseeable at ing independent research by individuals, collaborations, partnerships, and mentoring ac- the time of the original proposal. throughout the United States, and to avoid tivities among faculty at all levels in non- SEC. 515. STEM INDUSTRY INTERNSHIP PRO- undue concentration of such research and edu- EPSCoR and EPSCoR States and jurisdictions; GRAMS. cation,’’; (G) conduct an evaluation of the roles, re- (a) IN GENERAL.—The Director may award (2) National Science Foundation funding responsibilities and degree of autonomy that pro- grants, on a competitive, merit-reviewed basis, mains highly concentrated, with 27 States and 2 gram officers or managers (or the equivalent po- to institutions of higher education, or consortia jurisdictions, taken together, receiving only sition) have in executing EPSCoR programs at thereof, to establish or expand partnerships about 10 percent of all NSF research funding; the different Federal agencies and the impacts with local or regional private sector entities, for each of these States received only a fraction of these differences have on the number of the purpose of providing undergraduate stu- one percent of Foundation’s research dollars EPSCoR State and jurisdiction faculty partici- dents with integrated internship experiences each year; pating in the peer review process and the per- that connect private sector internship experi- (3) the Nation requires the talent, expertise, centage of successful awards by individual ences with the students’ STEM coursework. The and research capabilities of all States in order to EPSCoR State jurisdiction and individual re- partnerships may also include industry or pro- prepare sufficient numbers of scientists and en- searcher; and fessional associations. gineers, remain globally competitive and support (H) conduct a survey of colleges and univer- (b) INTERNSHIP PROGRAM.—The grants award- economic development. sity faculty at all levels regarding their knowl- ed under section (a) may include internship pro- (b) CONTINUATION OF PROGRAM.—The Director edge and understanding of EPSCoR, and their grams in the manufacturing sector. shall continue to carry out EPSCoR, with the level of interaction with and knowledge about (c) USE OF GRANT FUNDS.—Grants under this objective of helping the eligible States to develop their respective State or Jurisdictional EPSCoR section may be used— the research infrastructure that will make them Committee. (1) to develop and implement hands-on learn- more competitive for Foundation and other Fed- (3) MEETINGS AND REPORTS.—The Committee ing opportunities; eral research funding. The program shall con- shall meet at least twice each fiscal year and (2) to develop curricula and instructional ma- tinue to increase as the National Science Foun- shall submit an annual report to the appro- terials related to industry, including the manu- dation funding increases. priate committees of Congress describing facturing sector; (c) CONGRESSIONAL REPORTS.—The Director progress made in carrying out paragraph (2). (3) to perform outreach to secondary schools; shall report to the appropriate committees of (e) FEDERAL AGENCY REPORTS.—Each Federal (4) to develop mentorship programs for stu- Congress on an annual basis, using the most re- agency that administers an EPSCoR or Federal dents with partner organizations; and cent available data— EPSCoR-like program shall submit to the OSTP (5) to conduct activities to support awareness (1) the total amount made available, by State, as part of its Federal budget submission— of career opportunities and skill requirements. under EPSCoR; (1) a description of the program strategy and (2) the amount of co-funding made available (d) PRIORITY.—In awarding grants under this objectives; to EPSCoR States; section, the Director shall give priority to insti- (2) a description of the awards made in the (3) the total amount of National Science tutions of higher education or consortia thereof previous year, including— Foundation funding made available to all insti- that demonstrate significant outreach to and co- (A) the percentage of reviewers and number of tutions and entities within EPSCoR States; and ordination with local or regional private sector new reviewers from EPSCoR States; (4) efforts and accomplishments to more fully (B) the percentage of new investigators from entities and Regional Centers for the Transfer of integrate the 29 EPSCoR jurisdictions in major EPSCoR States; Manufacturing Technology established by sec- activities and initiatives of the Foundation. (C) the number of programs or large collabo- tion 25(a) of the National Institute of Standards (d) COORDINATION OF EPSCOR AND SIMILAR rator awards involving a partnership of organi- and Technology Act (15 U.S.C. 278k(a)) in devel- FEDERAL PROGRAMS.— zations and institutions from EPSCoR and non- oping academic courses designed to provide stu- (1) ANOTHER FINDING.—The Congress finds EPSCoR States; and dents with the skills or certifications necessary that a number of Federal agencies have pro- (3) an analysis of the gains in academic re- for employment in local or regional companies. grams, such as Experimental Programs to Stimu- search quality and competitiveness, and in (c) OUTREACH TO RURAL COMMUNITIES.—The late Competitive Research and the National In- science and technology human resource develop- Foundation shall conduct outreach to institu- stitutes of Health Institutional Development ment, achieved by the program in the last year. tions of higher education and private sector en- Award program, designed to increase the capac- (f) NATIONAL ACADEMY OF SCIENCES STUDY.— tities in rural areas to encourage those entities ity for and quality of science and technology re- (1) IN GENERAL.—The Director shall contract to participate in partnerships under this section. search and training at academic institutions in with the National Academy of Sciences to con- (d) COST-SHARE.—The Director shall require a States that historically have received relatively duct a study on all Federal agencies that ad- 50 percent non-Federal cost-share from partner- little Federal research and development fund- minister an Experimental Program to Stimulate ships established or expanded under this sec- ing. Competitive Research or a program similar to tion. (2) COORDINATION REQUIRED.—The EPSCoR the Experimental Program to Stimulate Competi- (e) RESTRICTION.—No Federal funds provided Interagency Coordinating Committee, chaired by tive Research. under this section may be used— the National Science Foundation, shall— (2) MATTERS TO BE ADDRESSED.—The study (1) for the purpose of providing stipends or (A) coordinate EPSCoR and Federal EPSCoR- conducted under paragraph (1) shall include the compensation to students for private sector in- like programs to maximize the impact of Federal following: ternships unless private sector entities match 75 support for building competitive research infra- (A) A delineation of the policies of each Fed- percent of such funding; or structure, and in order to achieve an integrated eral agency with respect to the awarding of (2) as payment or reimbursement to private Federal effort; grants to EPSCoR States. sector entities, except for institutions of higher (B) coordinate agency objectives with State (B) The effectiveness of each program. education. and institutional goals, to obtain continued (C) Recommendations for improvements for (f) REPORT.—Not less than 3 years after the non-Federal support of science and technology each agency to achieve EPSCoR goals. date of enactment of this Act, the Director shall research and training; (D) An assessment of the effectiveness of submit a report to Congress on the number and (C) develop metrics to assess gains in academic EPSCoR States in using awards to develop total value of awards made under this section, research quality and competitiveness, and in science and engineering research and education, the number of students affected by those science and technology human resource develop- and science and engineering infrastructure awards, any evidence of the effect of those ment; within their States. awards on workforce preparation and jobs (D) conduct a cross-agency evaluation of (E) Such other issues that address the effec- placement for participating students, and an EPSCoR and other Federal EPSCoR-like pro- tiveness of EPSCoR as the National Academy of economic and ethnic breakdown of the partici- grams and accomplishments, including manage- Sciences considers appropriate. pating students. ment, investment, and metric-measuring strate- SEC. 518. SENSE OF THE CONGRESS REGARDING SEC. 516. CYBER-ENABLED LEARNING FOR NA- gies implemented by the different agencies aimed THE SCIENCE, TECHNOLOGY, ENGI- TIONAL CHALLENGES. to increase the number of new investigators re- NEERING, AND MATHEMATICS TAL- The Director shall, in consultation with ap- ceiving peer-reviewed funding, broaden partici- ENT EXPANSION PROGRAM. propriate Federal agencies, identify ways to use pation, and empower knowledge generation, dis- It is the sense of the Congress that—

VerDate Mar 15 2010 05:47 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00046 Fmt 4634 Sfmt 6333 E:\CR\FM\A21DE7.051 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 21, 2010 CONGRESSIONAL RECORD — HOUSE H8833 (1) the Science, Technology, Engineering, and nisms for transfer of technology and the com- include multiple units within the Foundation Mathematics Talent Expansion Program estab- mercialization of research results, including— during the planning process. lished by the National Science Foundation Au- (1) contact information for individuals and SEC. 524. CLOUD COMPUTING RESEARCH EN- thorization Act of 2002 continues to be an effec- university offices responsible for technology HANCEMENT. tive program to increase the number of students, transfer and commercialization; (a) RESEARCH FOCUS AREA.—The Director who are citizens or permanent residents of the (2) information for both university researchers may support a national research agenda in key United States, receiving associate or bacca- and industry on the institution’s technology li- areas affected by the increased use of public laureate degrees in established or emerging censing and commercialization strategies; and private cloud computing, including— fields within science, technology, engineering, (3) success stories, statistics, and examples of (1) new approaches, techniques, technologies, and mathematics, and its authorization con- how the university supports commercialization and tools for— tinues; of research results; (A) optimizing the effectiveness and efficiency (2) the strategies employed continue to (4) technologies available for licensing by the of cloud computing environments; and strengthen mentoring and tutoring between fac- university where appropriate; and (B) mitigating security, identity, privacy, reli- ulty and students and provide students with in- (5) any other information deemed by the insti- ability, and manageability risks in cloud-based formation and exposure to potential career tution to be helpful to companies with the po- environments, including as they differ from tra- pathways in science, technology, engineering, tential to commercialize university inventions. ditional data centers; and mathematics areas; (b) NSF WEBSITE.—The National Science (2) new algorithms and technologies to define, (3) this highly competitive program awarded Foundation shall create and maintain a website assess, and establish large-scale, trustworthy, 145 Program implementation awards and 12 re- accessible to the public that links to each cloud-based infrastructures; search projects in the first 6 years of operations; website mentioned under (a). (3) models and advanced technologies to meas- (c) TRADE SECRET INFORMATION.—Notwith- and ure, assess, report, and understand the perform- standing subsection (a), an institution shall not (4) the Science, Technology, Engineering, and ance, reliability, energy consumption, and other be required to reveal confidential, trade secret, Mathematics Talent Expansion Program should characteristics of complex cloud environments; or proprietary information on its website. continue to be supported by the National and Science Foundation. SEC. 521. STUDY TO DEVELOP IMPROVED IMPACT- (4) advanced security technologies to protect SEC. 519. SENSE OF THE CONGRESS REGARDING ON-SOCIETY METRICS. sensitive or proprietary information in global- THE NATIONAL SCIENCE FOUNDA- (a) IN GENERAL.—Within 180 days after the scale cloud environments. TION’S CONTRIBUTIONS TO BASIC date of enactment of this Act, the Director of (b) ESTABLISHMENT.— RESEARCH AND EDUCATION. the National Science Foundation shall contract (1) IN GENERAL.—Not later than 60 days after (a) FINDINGS.—The Congress finds that— with the National Academy of Sciences to ini- the date of enactment of this Act, the Director (1) the National Science Foundation is an tiate a study to evaluate, develop, or improve shall initiate a review and assessment of cloud independent Federal agency created by Con- metrics for measuring the potential impact-on- computing research opportunities and chal- gress in 1950 to, among other things, promote society, including— lenges, including research areas listed in sub- the progress of science, to advance the national (1) the potential for commercial applications section (a), as well as related issues such as— health, prosperity, and welfare, and to secure of research studies funded in whole or in part (A) the management and assurance of data the national defense; by grants of financial assistance from the Foun- that are the subject of Federal laws and regula- (2) the Foundation is the funding source for dation or other Federal agencies; tions in cloud computing environments, which approximately 20 percent of all federally sup- (2) the manner in which research conducted laws and regulations exist on the date of enact- ported basic research conducted by America’s at, and individuals graduating from, an institu- ment of this Act; colleges and universities, and is the major tion of higher education contribute to the devel- (B) misappropriation of cloud services, piracy source of Federal backing for mathematics, com- opment of new intellectual property and the through cloud technologies, and other threats to puter science and other sciences; success of commercial activities; the integrity of cloud services; (3) the America COMPETES Act of 2007 (3) the quality of relevant scientific and inter- (C) areas of advanced technology needed to helped rejuvenate our focus on increasing basic national publications; and research investment in the physical sciences, (4) the ability of such institutions to attract enable trusted communications, processing, and strengthening educational opportunities in the external research funding. storage; and (D) other areas of focus determined appro- science, technology, engineering, and mathe- (b) REPORT.—Within 1 year after initiating matics fields and developing a robust innovation the study required by subsection (a), the Direc- priate by the Director. infrastructure; and tor shall submit a report to the Senate Com- (2) UNSOLICITED PROPOSALS.—The Director (4) reauthorization of the America COM- mittee on Commerce, Science, and Transpor- may accept unsolicited proposals that review PETES Act should continue a robust investment tation and the House of Representatives Com- and assess the issues described in paragraph (1). in basic research and education and preserve mittee on Science and Technology setting forth The proposals may be judged according to exist- the essence of the original Act by increasing the the Director’s findings, conclusions, and rec- ing criteria of the National Science Foundation. investment focus on science, technology, engi- ommendations. (c) REPORT.—The Director shall provide an annual report for not less than 5 consecutive neering, and mathematics basic research and SEC. 522. NSF GRANTS IN SUPPORT OF SPON- education as a national priority. SORED POST-DOCTORAL FELLOW- years to Congress on the outcomes of National (b) SENSE OF THE CONGRESS.—It is the sense of SHIP PROGRAMS. Science Foundation investments in cloud com- the Congress that— The Director of the National Science Founda- puting research, recommendations for research (1) the National Science Foundation is the tion may utilize funds appropriated to carry out focus and program improvements, or other re- finest scientific foundation in the world, and is grants to institutions of higher education (as lated recommendations. The reports, including a vital agency that must support basic research such term is defined in section 101(a) of the any interim findings or recommendations, shall needed to advance the United States into the Higher Education Act of 1965 (20 U.S.C. be made publicly available on the website of the 21st century; 1001(a))) to provide financial support for post- National Science Foundation. (2) the National Science Foundation should graduate research in fields with potential com- (d) NIST SUPPORT.—The Director of the Na- focus Federal research and development re- mercial applications to match, in whole or in tional Institute of Standards and Technology sources primarily in the areas of science, tech- part, any private sector grant of financial as- shall— nology, engineering, and mathematics basic resistance to any post-doctoral program in such a (1) collaborate with industry in the develop- search and education; and field of study. ment of standards supporting trusted cloud computing infrastructures, metrics, interoperability, (3) the National Science Foundation should SEC. 523. COLLABORATION IN PLANNING FOR strive to ensure that federally-supported re- STEWARDSHIP OF LARGE-SCALE FA- and assurance; and search is of the finest quality, is ground break- CILITIES. (2) support standards development with the ing, and answers questions or solves problems It is the sense of Congress that— intent of supporting common goals. that are of utmost importance to society at (1) the Foundation should, in its planning for SEC. 525. TRIBAL COLLEGES AND UNIVERSITIES large. construction and stewardship of large facilities, PROGRAM. SEC. 520. ACADEMIC TECHNOLOGY TRANSFER coordinate and collaborate with other Federal (a) IN GENERAL.—The Director shall continue AND COMMERCIALIZATION OF UNI- agencies, including the Department of Energy’s to support a program to award grants on a com- VERSITY RESEARCH. Office of Science, to ensure that joint invest- petitive, merit-reviewed basis to tribal colleges (a) IN GENERAL.—Any institution of higher ments may be made when practicable; and universities (as defined in section 316 of the education (as such term is defined in section (2) in particular, the Foundation should en- Higher Education Act of 1965 (20 U.S.C. 1059c), 101(A) of the Higher Education Act of 1965 (20 sure that it responds to recommendations by the including institutions described in section 317 of U.S.C. 1001(a))) that receives National Science National Academy of Sciences and working such Act (20 U.S.C. 1059d), to enhance the qual- Foundation research support and has received groups convened by the National Science and ity of undergraduate STEM education at such at least $25,000,000 in total Federal research Technology Council regarding such facilities institutions and to increase the retention and grants in the most recent fiscal year shall keep, and opportunities for partnership with other graduation rates of Native American students maintain, and report annually to the National agencies in the design and construction of such pursuing associate’s or baccalaureate degrees in Science Foundation the universal record locator facilities; and STEM. for a public website that contains information (3) for facilities in which research in multiple (b) PROGRAM COMPONENTS.—Grants awarded concerning its general approach to and mecha- disciplines will be possible, the Director should under this section shall support—

VerDate Mar 15 2010 05:47 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00047 Fmt 4634 Sfmt 6333 E:\CR\FM\A21DE7.051 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8834 CONGRESSIONAL RECORD — HOUSE December 21, 2010 (1) activities to improve courses and cur- dustry, at Federal laboratories, and at inter- SUBTITLE B—STEM-TRAINING GRANT riculum in STEM; national research institutions or research sites; PROGRAM (2) faculty development; (3) development and implementation of future SEC. 551. PURPOSE. (3) stipends for undergraduate students par- faculty training programs focused on improved The purpose of this subtitle is to replicate and ticipating in research; and instruction, mentoring, assessment of student implement programs at institutions of higher learning, and support of undergraduate STEM (4) other activities consistent with subsection education that provide integrated courses of students; (a), as determined by the Director. study in science, technology, engineering, or (c) INSTRUMENTATION.—Funding provided (4) support and training for graduate students to participate in instructional activities beyond mathematics, and teacher education, that lead under this section may be used for laboratory to a baccalaureate degree in science, tech- equipment and materials. the traditional teaching assistantship, and especially as part of ongoing educational reform ef- nology, engineering, or mathematics with con- SEC. 526. BROADER IMPACTS REVIEW CRITERION. forts, including at pre-K–12 schools, and pri- current teacher certification. (a) GOALS.—The Foundation shall apply a marily undergraduate institutions; SEC. 552. PROGRAM REQUIREMENTS. Broader Impacts Review Criterion to achieve the (5) creation, improvement, or expansion of in- The Director shall replicate and implement following goals: novative graduate programs such as science undergraduate degree programs under this sub- (1) Increased economic competitiveness of the master’s degree programs; title that— United States. (6) development and implementation of semi- (1) are designed to recruit and prepare stu- (2) Development of a globally competitive nars, workshops, and other professional devel- dents who pursue a baccalaureate degree in STEM workforce. opment activities that increase the ability of science, technology, engineering, or mathe- (3) Increased participation of women and graduate students to engage in innovation, matics to become certified as elementary and underrepresented minorities in STEM. technology transfer, and entrepreneurship; secondary teachers; (4) Increased partnerships between academia (7) development and implementation of semi- (2) require the education department (or its and industry. nars, workshops, and other professional devel- equivalent) and the departments or division re- (5) Improved pre-K–12 STEM education and opment activities that increase the ability of sponsible for preparation of science, technology, teacher development. graduate students to effectively communicate engineering, and mathematics majors at an in- (6) Improved undergraduate STEM education. their research findings to technical audiences stitution of higher education to collaborate in (7) Increased public scientific literacy. outside of their own discipline and to nontech- establishing and implementing the program at (8) Increased national security. nical audiences; that institution; (b) POLICY.—Not later than 6 months after the (8) expansion of successful STEM reform ef- (3) require students participating in the pro- date of enactment of this Act, the Director shall forts beyond a single academic unit to other gram to enter the program through a field-based develop and implement a policy for the Broader STEM academic units within an institution or course and to continue to complete field-based Impacts Review Criterion that— to comparable academic units at other institu- courses supervised by master teachers through- (1) provides for educating professional staff at tions; and out the program; the Foundation, merit review panels, and appli- (9) research on teaching and learning of (4) hire sufficient teachers so that the ratio of cants for Foundation research grants on the STEM at the graduate level related to the pro- students to master teachers in the program does policy developed under this subsection; posed reform effort, including assessment and not exceed 100 to 1; (2) clarifies that the activities of grant recipi- evaluation of the proposed reform activities and (5) include instruction in the use of scientif- ents undertaken to satisfy the Broader Impacts research on scalability and sustainability of ap- ically-based instructional materials and meth- Review Criterion shall— proaches to reform. ods, assessments, pedagogical content knowl- (c) PARTNERSHIP.—An institution of higher (A) to the extent practicable employ proven edge (including the interaction between mathe- education may partner with one or more other strategies and models and draw on existing pro- matics and science), the use of instructional nonprofit education or research organizations, grams and activities; and technology, and how to incorporate State and (B) when novel approaches are justified, build including scientific and engineering societies, for the purposes of carrying out the activities local standards into the classroom curriculum; on the most current research results; (6) restrict to students participating in the (3) allows for some portion of funds allocated authorized under this section. (d) SELECTION PROCESS.— program those courses that are specifically de- to broader impacts under a research grant to be (1) APPLICATIONS.—An institution of higher signed for the needs of teachers of science, tech- used for assessment and evaluation of the education seeking a grant under this section nology, engineering, and mathematics; and broader impacts activity; shall submit an application to the Director at (7) require students participating in the pro- (4) encourages institutions of higher edu- such time, in such manner, and containing such gram to successfully complete a final evaluation cation and other nonprofit education or re- information as the Director may require. The of their teaching proficiency, based on their search organizations to develop and provide, ei- application shall include, at a minimum— classroom teaching performance, conducted by ther as individual institutions or in partnerships (A) a description of the proposed reform ef- multiple trained observers, and a portfolio of thereof, appropriate training and programs to fort; their accomplishments. assist Foundation-funded principal investiga- (B) in the case of applications that propose an SEC. 553. GRANT PROGRAM. tors at their institutions in achieving the goals expansion of a previously implemented reform (a) IN GENERAL.—The Director shall establish of the Broader Impacts Review Criterion as de- effort at the applicant’s institution or at other a grant program to support programs at institu- scribed in subsection (a); and institutions, a description of the previously im- tions of higher education to carry out the pur- (5) requires principal investigators applying plemented reform effort; pose of this subtitle. for Foundation research grants to provide evi- (C) evidence of institutional support for, and (b) GEOGRAPHICAL CONSIDERATIONS.—In the dence of institutional support for the portion of commitment to, the proposed reform effort, in- administration of this subtitle, the Director shall the investigator’s proposal designed to satisfy cluding long-term commitment to implement suc- take such steps as may be necessary to ensure the Broader Impacts Review Criterion, including cessful strategies from the current reform effort that grants are equitably distributed across all evidence of relevant training, programs, and beyond the academic unit or units included in regions of the United States, taking into ac- other institutional resources available to the in- the grant proposal or to disseminate successful count population density and other geographic vestigator from either their home institution or strategies to other institutions; and and demographic considerations. (D) a description of the plans for assessment organization or another institution or organiza- (c) AMOUNT OF GRANT.—Subject to the re- and evaluation of the grant proposed reform action with relevant expertise. quirements of subsection (d), the Director may tivities. SEC. 527. TWENTY-FIRST CENTURY GRADUATE award grants annually on a competitive basis to EDUCATION. (2) REVIEW OF APPLICATIONS.—In selecting grant recipients under this section, the Director institutions of higher education in the amount (a) IN GENERAL.—The Director shall award shall consider at a minimum— of $2,000,000, per institution of which— grants, on a competitive, merit-reviewed basis, (A) the likelihood of success in undertaking (1) $1,500,000 shall be used— to institutions of higher education to implement the proposed effort at the institution submitting (A) to design, implement, and evaluate a pro- or expand research-based reforms in master’s the application, including the extent to which gram that meets the requirements of section 552; and doctoral level STEM education that empha- the faculty, staff, and administrators of the in- (B) to employ master teachers at the institu- size preparation for diverse careers utilizing stitution are committed to making the proposed tion to oversee field experiences; STEM degrees, including at diverse types of in- institutional reform a priority of the partici- (C) to provide a stipend to mentor teachers stitutions of higher education, in industry, and pating academic unit or units; participating in the program; and at government agencies and research labora- (B) the degree to which the proposed reform (D) to support curriculum development and tories. will contribute to change in institutional culture implementation strategies for science, tech- (b) USES OF FUNDS.—Activities supported by and policy such that a greater value is placed nology, engineering, and mathematics content grants under this section may include— on preparing graduate students for diverse ca- courses taught through the program; and (1) creation of multidisciplinary or inter- reers utilizing STEM degrees; (2) up to $500,000 shall be set aside by the disciplinary courses or programs for the purpose (C) the likelihood that the institution will sus- grantee for technical support and evaluation of improved student instruction and research in tain or expand the reform beyond the period of services from the institution whose programs STEM; the grant; and will be replicated. (2) expansion of graduate STEM research op- (D) the degree to which scholarly assessment (d) ELIGIBILITY.—To be eligible to apply for a portunities to include interdisciplinary research and evaluation plans are included in the design grant under this section, an institution of high- opportunities and research opportunities in in- of the reform effort. er education shall—

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(1) include former secondary school science, mathematics and elementary or secondary (1) FIELD-BASED COURSE.—The term ‘‘field- technology, engineering, or mathematics master school teacher certification. based course’’ means a course of instruction of- teachers as faculty in its science department for (f) MATCHING REQUIREMENT.—An institution fered by an institution of higher education that this program; of higher education may not receive a grant includes a requirement that students teach a (2) grant terminal degrees in science, tech- under this section unless it provides, from non- minimum of 3 lessons or sequences of lessons to nology, engineering, and mathematics; and federal sources, to carry out the activities sup- elementary or secondary students. (3) have a process to be used in establishing ported by the grant, an amount that is not less (2) INSTITUTION OF HIGHER EDUCATION.—The partnerships with local educational agencies for than— term ‘‘institution of higher education’’ has the placement of participating students in their field (1) 35 percent of the amount of the grant for meaning given that term by section 101 of the experiences, including a process for identifying the first fiscal year of the grant; Higher Education Act of 1965 (20 U.S.C. 1001). mentor teachers working in local schools to su- (2) 55 percent of the amount of the grant for (3) MASTER TEACHER.—The term ‘‘master pervise classroom field experiences in coopera- the second and third fiscal years of the grant; teacher’’ means an individual— tion with university-based master teachers; and (A) who has been awarded a master’s or doc- (4) maintain policies allowing flexible entry to (3) 75 percent of the amount of the grant for toral degree by an institution of higher edu- the program throughout the undergraduate the fourth and fifth fiscal years of the grant. cation; coursework; (g) GUIDANCE.—Within 90 days after the date (B) whose graduate coursework included (5) require that master teachers employed by of enactment of this Act, the Director shall ini- courses in mathematics, science, computer the institution will supervise field experiences of tiate a proceeding to promulgate guidance for science, or engineering; students in the program; the administration of the grant program estab- (C) who has at least 3 years teaching experi- (6) require that the program complies with lished under subsection (a). ence in K–12 settings; and State certification or licensing requirements and (D) whose teaching has been recognized for SEC. 554. GRANT OVERSIGHT AND ADMINISTRA- exceptional accomplishments in educating stu- the requirements under section 9101(23) of the TION. dents, or is demonstrated to have resulted in im- Elementary and Secondary Education Act of (a) IN GENERAL.—The Director may execute a proved student achievement. 1965 (20 U.S.C. 7801(23)) for highly qualified contract for program oversight and fiscal man- teachers; (4) MENTOR TEACHER.—The term ‘‘mentor agement with an organization at an institution teacher’’ means an elementary or secondary (7) develop during the course of the grant a of higher education, a non-profit organization, plan for long-term support and assessment of its school classroom teacher who assists with the or other entity that demonstrates capacity for training of students participating in a field- graduates, which shall include— and experience in— (A) induction support for graduates in their based course. (1) replicating 1 or more similar programs at (5) DIRECTOR.—The term ‘‘Director’’ means first one to two years of teaching; regional or national levels; (B) systems to determine the teaching status the Director of the National Science Founda- (2) providing programmatic and technical im- tion. of graduates and thereby determine retention plementation assistance for the program; SEC. 556. AUTHORIZATION OF APPROPRIATIONS. rates; and (3) performing data collection and analysis to There are authorized to be appropriated to the (C) methods to analyze the achievement of ensure proper implementation and continuous Director to carry out this subtitle $10,000,000 for students taught by graduates, and methods to program improvement; and each of fiscal years 2011 through 2013. analyze classroom practices of graduates; and (4) providing accountability for results by (8) be able upon completion of the grant at the measuring and monitoring achievement of pro- TITLE VI—INNOVATION end of 5 years to fund essential program costs, grammatic milestones. SEC. 601. OFFICE OF INNOVATION AND ENTRE- including salaries of master teachers and other (b) OVERSIGHT RESPONSIBILITIES.— PRENEURSHIP. necessary personnel, from recurring university (1) MANDATORY DUTIES.—If the Director exe- The Stevenson-Wydler Technology Innovation budgets. cutes a contract under subsection (a) with an Act of 1980 (15 U.S.C. 3701 et seq.), as amended (e) APPLICATION REQUIREMENTS.—An institu- organization for program oversight and fiscal by section 106 of this Act, is amended by adding tion of higher education seeking a grant under management, the organization shall— at the end the following: the program shall submit an application to the (A) ensure that a grant recipient faithfully ‘‘SEC. 25. OFFICE OF INNOVATION AND ENTRE- Director in such form, at such time, and con- replicates and implements the program or pro- PRENEURSHIP. taining such information and assurances as the grams for which the grant is awarded; ‘‘(a) IN GENERAL.—The Secretary shall estab- Director may require, including— (B) ensure that grant funds are used for the lish an Office of Innovation and Entrepreneur- (1) a description of the current rate at which purposes authorized and that a grant recipient ship to foster innovation and the commercializa- individuals majoring in science, technology, en- has a system in place to track and account for tion of new technologies, products, processes, gineering, and mathematics become certified as all Federal grant funds provided; and services with the goal of promoting produc- elementary and secondary teachers; (C) provide technical assistance to grant re- tivity and economic growth in the United States. (2) a description for the institution’s plan for ‘‘(b) DUTIES.—The Office of Innovation and increasing the numbers of students enrolled in cipients; (D) collect and analyze data and report to the Entrepreneurship shall be responsible for— and graduating from the program supported ‘‘(1) developing policies to accelerate innova- under this subtitle; Director annually on the effects of the program on— tion and advance the commercialization of re- (3) a description of the institution’s capacity search and development, including federally to develop a program in which individuals ma- (i) the progress of participating students in achieving teaching competence and teaching funded research and development; joring in science, technology, engineering, and ‘‘(2) identifying existing barriers to innovation mathematics can become certified as elementary certification; (ii) the participation of students in the pro- and commercialization, including access to cap- and secondary teachers; ital and other resources, and ways to overcome (4) identification of the organizational unit gram by major, compared with local and State needs on secondary teachers by discipline; and those barriers, particularly in States partici- within the department or division of arts and pating in the Experimental Program to Stimu- sciences or the science department at the institu- (iii) the participation of students in the program by demographic subgroup; late Competitive Research; tion that will adopt teacher certification for ele- ‘‘(3) providing access to relevant data, re- (E) collect and analyze data and report to the mentary and secondary teachers as its primary search, and technical assistance on innovation Director annually on the effects of the program mission; and commercialization; on the academic achievement of elementary and (5) identification of core faculty within the ‘‘(4) strengthening collaboration on and co- secondary school students taught by graduates department or division of arts and sciences or ordination of policies relating to innovation and of programs funded by grants under this sub- the science department at the institution to commercialization, including those focused on title; and champion teacher preparation in their depart- the needs of small businesses and rural commu- (F) submit an annual report to the Director ments by teaching courses dedicated to pre- nities, within the Department of Commerce, be- demonstrating compliance with the requirements paring future elementary and secondary school tween the Department of Commerce and other of subparagraphs (A) through (E). teachers, helping create new degree plans, ad- Federal agencies, and between the Department (2) DISCRETIONARY DUTIES.—At the request of vising prospective students within their major, of Commerce and appropriate State government the Director, the organization under contract and assisting as needed with program adminis- agencies and institutions, as appropriate; and under subsection (a) may assist the Director in tration; ‘‘(5) any other duties as determined by the evaluating grant applications. (6) identification of core faculty in the edu- Secretary. EPORTS TO CONGRESS.—The Director shall cation department or its equivalent at the insti- (c) R ‘‘(c) ADVISORY COMMITTEE.—The Secretary tution to champion teacher preparation by cre- submit a copy of the annual report required by shall establish an Advisory Council on Innova- ating and teaching courses specific to the prepa- subsection (b)(1)(F) to the Senate Committee on tion and Entrepreneurship to provide advice to ration of science, technology, engineering, and Commerce, Science, and Transportation, the the Secretary on carrying out subsection (b).’’. Senate Committee on Health, Education, Labor, mathematics and working closely with col- SEC. 602. FEDERAL LOAN GUARANTEES FOR IN- leagues in the department or division of arts and Pensions, the House of Representatives NOVATIVE TECHNOLOGIES IN MANU- and sciences or the science department; and Committee on Science and Technology, and the FACTURING. (7) a description of involving practical, field- House of Representatives Committee on Edu- The Stevenson-Wydler Technology Innovation based experience in teaching and degree plans cation and Labor. Act of 1980 (15 U.S.C. 3701 et seq.), as amended enabling students to graduate in 4 years with a SEC. 555. DEFINITIONS. by section 601, is further amended by adding at major in science, technology, engineering, or In this subtitle: the end the following:

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‘‘SEC. 26. FEDERAL LOAN GUARANTEES FOR IN- ‘‘(ii) to permit the borrower, pursuant to an ‘‘(2) COMPTROLLER GENERAL REVIEW.—The NOVATIVE TECHNOLOGIES IN MANU- agreement with the Secretary, to continue to Comptroller General of the United States shall FACTURING. pursue the purposes of the project if the Sec- conduct a biennial review of the Secretary’s exe- ‘‘(a) ESTABLISHMENT.—The Secretary shall es- retary determines that such an agreement is in cution of the program under this section. tablish a program to provide loan guarantees for the public interest. ‘‘(3) REPORT.—The results of the independent obligations to small- or medium-sized manufac- ‘‘(B) SUPERIORITY OF RIGHTS.—The rights of audit under paragraph (1) and the Comptroller turers for the use or production of innovative the Secretary, with respect to any property ac- General’s review under paragraph (2) shall be technologies. quired pursuant to a loan guarantee or related provided directly to the Committee on Science ‘‘(b) ELIGIBLE PROJECTS.—A loan guarantee agreements, shall be superior to the rights of and Technology of the House of Representatives may be made under the program only for a any other person with respect to the property. and the Committee on Commerce, Science, and project that re-equips, expands, or establishes a ‘‘(3) NOTIFICATION.—If the borrower defaults Transportation of the Senate. manufacturing facility in the United States— on an obligation, the Secretary shall notify the ‘‘(n) REPORT TO CONGRESS.—Concurrent with ‘‘(1) to use an innovative technology or an in- Attorney General of the default. the submission to Congress of the President’s novative process in manufacturing; ‘‘(g) TERMS AND CONDITIONS.—A loan guar- annual budget request in each year after the ‘‘(2) to manufacture an innovative technology antee under this section shall include such de- date of enactment of the America COMPETES product or an integral component of such a tailed terms and conditions as the Secretary de- Reauthorization Act of 2010, the Secretary shall product; or termines appropriate— transmit to the Committee on Science and Tech- ‘‘(3) to commercialize an innovative product, ‘‘(1) to protect the interests of the United nology of the House of Representatives and the process, or idea that was developed by research States in the case of default; and Committee on Commerce, Science, and Transpor- funded in whole or in part by a grant from the ‘‘(2) to have available all the patents and tation of the Senate a report containing a sum- Federal government. technology necessary for any person selected, mary of all activities carried out under this sec- ‘‘(c) ELIGIBLE BORROWER.—A loan guarantee including the Secretary, to complete and operate tion. may be made under the program only for a bor- the project. ‘‘(o) COORDINATION AND NONDUPLICATION.— rower who is a small- or medium-sized manufac- ‘‘(h) CONSULTATION.—In establishing the To the maximum extent practicable, the Sec- turer, as determined by the Secretary under the terms and conditions of a loan guarantee under retary shall ensure that the activities carried criteria established pursuant to subsection (l). this section, the Secretary shall consult with the out under this section are coordinated with, and ‘‘(d) LIMITATION ON AMOUNT.—A loan guar- Secretary of the Treasury. do not duplicate the efforts of, other loan guarantee shall not exceed an amount equal to 80 ‘‘(i) FEES.— antee programs within the Federal Government. ‘‘(1) IN GENERAL.—The Secretary shall charge percent of the obligation, as estimated at the ‘‘(p) MEP CENTERS.—The Secretary may use time at which the loan guarantee is issued. and collect fees for loan guarantees in amounts centers established under section 25 of the Na- ‘‘(e) LIMITATIONS ON LOAN GUARANTEE.—No the Secretary determines are sufficient to cover tional Institute of Standards and Technology loan guarantee shall be made unless the Sec- applicable administrative expenses. Act (15 U.S.C. 278k) to provide information ‘‘(2) AVAILABILITY.—Fees collected under this retary determines that— about the program established under this section subsection shall— ‘‘(1) there is a reasonable prospect of repay- and to conduct outreach to potential borrowers, ‘‘(A) be deposited by the Secretary into the ment of the principal and interest on the obliga- as appropriate. tion by the borrower; Treasury of the United States; and ‘‘(B) remain available until expended, subject ‘‘(q) MINIMIZING RISK.—The Secretary shall ‘‘(2) the amount of the obligation (when com- promulgate regulations and policies to carry out bined with amounts available to the borrower to such other conditions as are contained in annual appropriations Acts. this section in accordance with Office of Man- from other sources) is sufficient to carry out the agement and Budget Circular No. A–129, enti- project; ‘‘(3) LIMITATION.—In charging and collecting fees under paragraph (1), the Secretary shall tled ‘Policies for Federal Credit Programs and ‘‘(3) the obligation is not subordinate to other Non-Tax Receivables’, as in effect on the date of financing; take into consideration the amount of the obligation. enactment of the America COMPETES Reau- ‘‘(4) the obligation bears interest at a rate that thorization Act of 2010. does not exceed a level that the Secretary deter- ‘‘(j) RECORDS.— ‘‘(1) IN GENERAL.—With respect to a loan ‘‘(r) SENSE OF CONGRESS.—It is the sense of mines appropriate, taking into account the pre- guarantee under this section, the borrower, the Congress that no loan guarantee shall be made vailing rate of interest in the private sector for lender, and any other appropriate party shall under this section unless the borrower agrees to similar loans and risks; and keep such records and other pertinent docu- use a federally-approved electronic employment ‘‘(5) the term of an obligation requires full re- ments as the Secretary shall prescribe by regula- eligibility verification system to verify the em- payment over a period not to exceed the lesser tion, including such records as the Secretary ployment eligibility of— of— may require to facilitate an effective audit. ‘‘(1) all persons hired during the contract term ‘‘(A) 30 years; or ‘‘(2) ACCESS.—The Secretary and the Comp- by the borrower to perform employment duties ‘‘(B) 90 percent of the projected useful life, as troller General of the United States, or their within the United States; and determined by the Secretary, of the physical duly authorized representatives, shall have ac- ‘‘(2) all persons assigned by the borrower to asset to be financed by the obligation. cess to records and other pertinent documents perform work within the United States on the ‘‘(f) DEFAULTS.— for the purpose of conducting an audit. project. ‘‘(1) PAYMENT BY SECRETARY.— ‘‘(k) FULL FAITH AND CREDIT.—The full faith ‘‘(s) DEFINITIONS.—In this section: ‘‘(A) IN GENERAL.—If a borrower defaults (as and credit of the United States is pledged to the ‘‘(1) COST.—The term ‘cost’ has the meaning defined in regulations promulgated by the Sec- payment of all loan guarantees issued under given such term under section 502 of the Federal retary and specified in the loan guarantee) on this section with respect to principal and inter- Credit Reform Act of 1990 (2 U.S.C. 661a). the obligation, the holder of the loan guarantee est. ‘‘(2) INNOVATIVE PROCESS.—The term ‘innova- shall have the right to demand payment of the ‘‘(l) REGULATIONS.—The Secretary shall issue tive process’ means a process that is signifi- unpaid amount from the Secretary. final regulations before making any loan guar- cantly improved as compared to the process in ‘‘(B) PAYMENT REQUIRED.—Within such period antees under the program. The regulations shall general use in the commercial marketplace in as may be specified in the loan guarantee or re- include— the United States at the time the loan guarantee lated agreements, the Secretary shall pay to the ‘‘(1) criteria that the Secretary shall use to de- is issued. holder of the loan guarantee the unpaid interest termine eligibility for loan guarantees under ‘‘(3) INNOVATIVE TECHNOLOGY.—The term ‘in- on and unpaid principal of the obligation as to this section, including— novative technology’ means a technology that is which the borrower has defaulted, unless the ‘‘(A) whether a borrower is a small- or me- significantly improved as compared to the tech- Secretary finds that there was no default by the dium-sized manufacturer; and nology in general use in the commercial market- borrower in the payment of interest or principal ‘‘(B) whether a borrower demonstrates that a place in the United States at the time the loan or that the default has been remedied. market exists for the innovative technology guarantee is issued. ‘‘(C) FORBEARANCE.—Nothing in this sub- product, or the integral component of such a ‘‘(4) LOAN GUARANTEE.—The term ‘loan guar- section precludes any forbearance by the holder product, to be manufactured, as evidenced by antee’ has the meaning given such term in sec- of the obligation for the benefit of the borrower written statements of interest from potential tion 502 of the Federal Credit Reform Act of 1990 which may be agreed upon by the parties to the purchasers; (2 U.S.C. 661a). The term includes a loan guar- obligation and approved by the Secretary. ‘‘(2) criteria that the Secretary shall use to de- antee commitment (as defined in section 502 of ‘‘(2) SUBROGATION.— termine the amount of any fees charged under such Act (2 U.S.C. 661a)). ‘‘(A) IN GENERAL.—If the Secretary makes a subsection (i), including criteria related to the ‘‘(5) OBLIGATION.—The term ‘obligation’ payment under paragraph (1), the Secretary amount of the obligation; means the loan or other debt obligation that is shall be subrogated to the rights, as specified in ‘‘(3) policies and procedures for selecting and guaranteed under this section. the loan guarantee, of the recipient of the pay- monitoring lenders and loan performance; and ‘‘(6) PROGRAM.—The term ‘program’ means ment or related agreements including, if appro- ‘‘(4) any other policies, procedures, or infor- the loan guarantee program established in sub- priate, the authority (notwithstanding any mation necessary to implement this section. section (a). other provision of law)— ‘‘(m) AUDIT.— ‘‘(t) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(i) to complete, maintain, operate, lease, or ‘‘(1) ANNUAL INDEPENDENT AUDITS.—The Sec- There are authorized to be appropriated otherwise dispose of any property acquired pur- retary shall enter into an arrangement with an $20,000,000 for each of fiscal years 2011 through suant to such loan guarantee or related agree- independent auditor for annual evaluations of 2013 to provide the cost of loan guarantees ment; or the program under this section. under this section.’’.

VerDate Mar 15 2010 05:47 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00050 Fmt 4634 Sfmt 6333 E:\CR\FM\A21DE7.052 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 21, 2010 CONGRESSIONAL RECORD — HOUSE H8837 SEC. 603. REGIONAL INNOVATION PROGRAM. ‘‘(vi) the likelihood that the participants in ‘‘(xv) other such criteria as the Secretary shall The Stevenson-Wydler Technology Innovation the regional innovation cluster will be able to prescribe. Act of 1980 (15 U.S.C. 3701 et seq.), as amended sustain activities once grant funds under this ‘‘(4) ALLOCATION CONSTRAINTS.—The Sec- by section 602, is further amended by adding at subsection have been expended. retary may not allocate less than one-third of the end thereof the following: ‘‘(C) SPECIAL CONSIDERATION.—The Secretary the total grant funding allocated under this sec- ‘‘SEC. 27. REGIONAL INNOVATION PROGRAM. shall give special consideration to applications tion for any fiscal year to grants under sub- from regions that contain communities nega- ‘‘(a) ESTABLISHMENT.—The Secretary shall es- section (b) or this subsection without written tablish a regional innovation program to en- tively impacted by trade. notification to the Senate Committee on Com- ‘‘(5) SPECIAL CONSIDERATION.—The Secretary courage and support the development of re- merce, Science, and Transportation and the shall give special consideration to an eligible regional innovation strategies, including regional House of Representatives Committees on Science cipient who agrees to collaborate with local and Technology and on Energy and Commerce. innovation clusters and science and research workforce investment area boards. parks. ‘‘(d) LOAN GUARANTEES FOR SCIENCE PARK IN- ‘‘(6) COST SHARE.—The Secretary may not pro- FRASTRUCTURE.— ‘(b) CLUSTER GRANTS.— vide more than 50 percent of the total cost of ‘‘(1) IN GENERAL.—Subject to paragraph (2), ‘‘(1) IN GENERAL.—As part of the program es- any activity funded under this subsection. the Secretary may guarantee up to 80 percent of tablished under subsection (a), the Secretary ‘‘(7) USE AND APPLICATION OF RESEARCH AND the loan amount for projects for the construc- may award grants on a competitive basis to eli- INFORMATION PROGRAM.—To the maximum ex- tion or expansion, including renovation and gible recipients for activities relating to the for- tent practicable, the Secretary shall ensure that modernization, of science park infrastructure. mation and development of regional innovation activities funded under this subsection use and ‘‘(2) LIMITATIONS ON GUARANTEE AMOUNTS.— clusters. apply any relevant research, best practices, and The maximum amount of loan principal guaran- ‘‘(2) PERMISSIBLE ACTIVITIES.—Grants award- metrics developed under the program established teed under this subsection may not exceed— ed under this subsection may be used for activi- in subsection (c). ‘‘(A) $50,000,000 with respect to any single ties determined appropriate by the Secretary, in- ‘‘(c) SCIENCE AND RESEARCH PARK DEVELOP- project; and cluding the following: MENT GRANTS.— ‘‘(B) $300,000,000 with respect to all projects. ‘‘(A) Feasibility studies. ‘‘(1) IN GENERAL.—As part of the program es- ‘‘(3) SELECTION OF GUARANTEE RECIPIENTS.— ‘‘(B) Planning activities. tablished under subsection (a), the Secretary The Secretary shall select recipients of loan ‘‘(C) Technical assistance. may award grants for the development of feasi- guarantees under this subsection based upon ‘‘(D) Developing or strengthening communica- bility studies and plans for the construction of the ability of the recipient to collateralize the tion and collaboration between and among par- new science parks or the renovation or expan- loan amount through bonds, equity, property, ticipants of a regional innovation cluster. sion of existing science parks. and such other things of values as the Secretary ‘‘(E) Attracting additional participants to a ‘‘(2) LIMITATION ON AMOUNT OF GRANTS.—The shall deem necessary. Recipients of grants under regional innovation cluster. amount of a grant awarded under this sub- subsection (c) are not eligible for a loan guar- ‘‘(F) Facilitating market development of prod- section may not exceed $750,000. antee during the period of the grant. To the ex- ‘‘(3) AWARD.— ucts and services developed by a regional inno- tent that the Secretary determines it to be fea- vation cluster, including through demonstra- ‘‘(A) COMPETITION REQUIRED.—The Secretary shall award grants under this subsection pursu- sible, the Secretary may select recipients of tion, deployment, technology transfer, and com- guarantee assistance in accord with a competi- mercialization activities. ant to a full and open competition. ‘‘(B) GEOGRAPHIC DISPERSION.—In conducting tive process that takes into account the factors ‘‘(G) Developing relationships between a re- a competitive process, the Secretary shall con- set out in subsection (c)(3)(C) of this section. gional innovation cluster and entities or clusters sider the need to avoid undue geographic con- ‘‘(4) TERMS AND CONDITIONS FOR LOAN GUAR- in other regions. centration among any one category of States ANTEES.—The loans guaranteed under this sub- ‘‘(H) Interacting with the public and State based on their predominant rural or urban char- section shall be subject to such terms and condi- and local governments to meet the goals of the acter as indicated by population density. tions as the Secretary may prescribe, except cluster. ‘‘(C) SELECTION CRITERIA.—The Secretary that— ‘‘(3) ELIGIBLE RECIPIENT DEFINED.—In this shall publish the criteria to be utilized in any ‘‘(A) the final maturity of such loans made or subsection, the term ‘eligible recipient’ means— competition for the selection of recipients of guaranteed may not exceed the lesser of— ‘‘(A) a State; grants under this subsection, which shall in- ‘‘(i) 30 years; or ‘‘(ii) 90 percent of the useful life of any phys- ‘‘(B) an Indian tribe; clude requirements relating to the— ‘‘(C) a city or other political subdivision of a ‘‘(i) effect the science park will have on re- ical asset to be financed by the loan; ‘‘(B) a loan guaranteed under this subsection State; gional economic growth and development; ‘‘(D) an entity that— ‘‘(ii) number of jobs to be created at the may not be subordinated to another debt con- ‘‘(i) is a nonprofit organization, an institution science park and the surrounding regional com- tracted by the borrower or to any other claims of higher education, a public-private partner- munity each year during its first 3 years; against the borrowers in the case of default; ship, a science or research park, a Federal lab- ‘‘(iii) funding to be required to construct, ren- ‘‘(C) a loan may not be guaranteed under this oratory, or an economic development organiza- ovate or expand the science park during its first subsection unless the Secretary determines that tion or similar entity; and 3 years; the lender is responsible and that provision is ‘‘(ii) has an application that is supported by ‘‘(iv) amount and type of financing and ac- made for servicing the loan on reasonable terms a State or a political subdivision of a State; or cess to capital available to the applicant; and in a manner that adequately protects the fi- ‘‘(E) a consortium of any of the entities de- ‘‘(v) types of businesses and research entities nancial interest of the United States; scribed in subparagraphs (A) through (D). expected in the science park and surrounding ‘‘(D) a loan may not be guaranteed under this ‘‘(4) APPLICATION.— regional community; subsection if— ‘‘(A) IN GENERAL.—An eligible recipient shall ‘‘(vi) letters of intent by businesses and re- ‘‘(i) the income from the loan is excluded from submit an application to the Secretary at such search entities to locate in the science park; gross income for purposes of chapter 1 of the In- time, in such manner, and containing such in- ‘‘(vii) capability to attract a well trained ternal Revenue Code of 1986; or ‘‘(ii) the guarantee provides significant collat- formation and assurances as the Secretary may workforce to the science park; eral or security, as determined by the Secretary require. ‘‘(viii) the management of the science park during its first 5 years; in coordination with the Secretary of the Treas- ‘‘(B) COMPONENTS.—The application shall in- ‘‘(ix) expected financial risks in the construc- ury, for other obligations the income from which clude, at a minimum, a description of the re- tion and operation of the science park and the is so excluded; gional innovation cluster supported by the pro- risk mitigation strategy; ‘‘(E) any guarantee provided under this sub- posed activity, including a description of— ‘‘(x) physical infrastructure available to the section shall be conclusive evidence that— ‘‘(i) whether the regional innovation cluster is science park, including roads, utilities, and tele- ‘‘(i) the guarantee has been properly obtained; supported by the private sector, State and local communications; ‘‘(ii) the underlying loan qualified for the governments, and other relevant stakeholders; ‘‘(xi) utilization of energy-efficient building guarantee; and ‘‘(ii) how the existing participants in the re- technology including nationally recognized ‘‘(iii) absent fraud or material misrepresenta- gional innovation cluster will encourage and so- green building design practices, renewable en- tion by the holder, the guarantee is presumed to licit participation by all types of entities that ergy, cogeneration, and other methods that in- be valid, legal, and enforceable; might benefit from participation, including crease energy efficiency and conservation; ‘‘(F) the Secretary may not extend credit as- newly formed entities and those rival existing ‘‘(xii) consideration to the transformation of sistance unless the Secretary has determined participants; military bases affected by the base realignment that there is a reasonable assurance of repay- ‘‘(iii) the extent to which the regional innova- and closure process or the redevelopment of ex- ment; and tion cluster is likely to stimulate innovation and isting buildings, structures, or brownfield sites ‘‘(G) new loan guarantees may not be com- have a positive impact on regional economic that are abandoned, idled, or underused into mitted except to the extent that appropriations growth and development; single or multiple building facilities for science of budget authority to cover their costs are made ‘‘(iv) whether the participants in the regional and technology companies and institutions; in advance, as required under section 504 of the innovation cluster have access to, or contribute ‘‘(xiii) ability to collaborate with other science Federal Credit Reform Act of 1990 (2 U.S.C. to, a well-trained workforce; parks throughout the world; 661c). ‘‘(v) whether the participants in the regional ‘‘(xiv) consideration of sustainable develop- ‘‘(5) PAYMENT OF LOSSES.— innovation cluster are capable of attracting ad- ment practices and the quality of life at the ‘‘(A) IN GENERAL.—If, as a result of a default ditional funds from non-Federal sources; and science park; and by a borrower under a loan guaranteed under

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this subsection, after the holder has made such ‘‘(3) DISSEMINATION OF INFORMATION.—Data Commonwealth of Puerto Rico, the Virgin Is- further collection efforts and instituted such en- and analysis compiled by the Secretary under lands, Guam, American Samoa, the Common- forcement proceedings as the Secretary may re- the program established in this subsection shall wealth of the Northern Mariana Islands, or any quire, the Secretary determines that the holder be made available to other Federal agencies, other territory or possession of the United has suffered a loss, the Secretary shall pay to State and local governments, and nonprofit and States. the holder the percentage of the loss specified in for-profit entities. ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—Ex- the guarantee contract. Upon making any such ‘‘(4) REGIONAL INNOVATION GRANT PROGRAM.— cept as provided in subsection (d)(8), there are payment, the Secretary shall be subrogated to The Secretary shall incorporate data and anal- authorized to be appropriated $100,000,000 for all the rights of the recipient of the payment. ysis relating to any grant under subsection (b) each of fiscal years 2011 through 2013 to carry The Secretary shall be entitled to recover from or (c) and any loan guarantee under subsection out this section (other than for loan guarantees the borrower the amount of any payments made (d) into the program established under this sub- under subsection (d)).’’. pursuant to any guarantee entered into under section. SEC. 604. STUDY ON ECONOMIC COMPETITIVE- this section. ‘‘(f) INTERAGENCY COORDINATION.— NESS AND INNOVATIVE CAPACITY OF ‘‘(B) ENFORCEMENT OF RIGHTS.—The Attorney ‘‘(1) IN GENERAL.—To the maximum extent UNITED STATES AND DEVELOPMENT General shall take such action as may be appro- practicable, the Secretary shall ensure that the OF NATIONAL ECONOMIC COMPETI- priate to enforce any right accruing to the activities carried out under this section are co- TIVENESS STRATEGY. United States as a result of the issuance of any ordinated with, and do not duplicate the efforts (a) STUDY.— (1) IN GENERAL.—Not later than 1 year after guarantee under this section. of, other programs at the Department of Com- the date of the enactment of this Act, the Sec- ‘‘(C) FORBEARANCE.—Nothing in this section merce or other Federal agencies. retary of Commerce shall complete a comprehen- may be construed to preclude any forbearance ‘‘(2) COLLABORATION.— for the benefit of the borrower which may be ‘‘(A) IN GENERAL.—The Secretary shall explore sive study of the economic competitiveness and agreed upon by the parties to the guaranteed and pursue collaboration with other Federal innovative capacity of the United States. ATTERS COVERED.—The study required by loan and approved by the Secretary, if budget agencies, including through multiagency fund- (2) M paragraph (1) shall include the following: authority for any resulting subsidy costs (as de- ing opportunities, on regional innovation strate- (A) An analysis of the United States economy fined in section 502(5) of the Federal Credit Re- gies. and innovation infrastructure. ‘‘(B) SMALL BUSINESSES.—The Secretary shall form Act of 1990) is available. (B) An assessment of the following: ‘‘(6) EVALUATION OF CREDIT RISK.— ensure that such collaboration with Federal (i) The current competitive and innovation ‘‘(A) The Secretary shall periodically assess agencies prioritizes the needs and challenges of performance of the United States economy rel- the credit risk of new and existing direct loans small businesses. ative to other countries that compete economi- or guaranteed loans. ‘‘(g) EVALUATION.— ‘‘(B) Not later than 2 years after the date of cally with the United States. ‘‘(1) IN GENERAL.—Not later than 3 years after (ii) Economic competitiveness and domestic in- the enactment of the America COMPETES Re- the date of enactment of the America COM- authorization Act of 2010, the Comptroller Gen- novation in the current business climate, includ- PETES Reauthorization Act of 2010, the Sec- ing tax and Federal regulatory policy. eral of the United States shall— retary shall enter into a contract with an inde- ‘‘(i) conduct a review of the subsidy estimates (iii) The business climate of the United States pendent entity, such as the National Academy and those of other countries that compete eco- for the loan guarantees under this section; and of Sciences, to conduct an evaluation of the pro- ‘‘(ii) submit to Congress a report on the review nomically with the United States. gram established under subsection (a). (iv) Regional issues that influence the eco- conducted under this paragraph. ‘‘(2) REQUIREMENTS.—The evaluation shall in- ‘‘(7) TERMINATION.—A loan may not be guar- nomic competitiveness and innovation capacity clude— anteed under this section after September 30, of the United States, including— ‘‘(A) whether the program is achieving its (I) the roles of State and local governments 2013. goals; ‘‘(8) AUTHORIZATION OF APPROPRIATIONS.— and institutions of higher education; and ‘‘(B) any recommendations for how the pro- There are authorized to be appropriated (II) regional factors that contribute positively gram may be improved; and $7,000,000 for each of fiscal years 2011 through to innovation. ‘‘(C) a recommendation as to whether the pro- 2013 for the cost (as defined in section 502(5) of (v) The effectiveness of the Federal Govern- gram should be continued or terminated. the Federal Credit Reform Act of 1990) of guar- ment in supporting and promoting economic ‘‘(h) DEFINITIONS.—In this section: anteeing $300,000,000 in loans under this section, competitiveness and innovation, including any ‘‘(1) REGIONAL INNOVATION CLUSTER.—The duplicative efforts of, or gaps in coverage be- such sums to remain available until expended. term ‘regional innovation cluster’ means a geo- ‘‘(e) REGIONAL INNOVATION RESEARCH AND IN- tween, Federal agencies and departments. graphically bounded network of similar, syner- FORMATION PROGRAM.— (vi) Barriers to competitiveness in newly gistic, or complementary entities that— ‘‘(1) IN GENERAL.—As part of the program es- emerging business or technology sectors, factors ‘‘(A) are engaged in or with a particular in- tablished under subsection (a), the Secretary influencing underperforming economic sectors, dustry sector; shall establish a regional innovation research unique issues facing small and medium enter- ‘‘(B) have active channels for business trans- and information program— prises, and barriers to the development and evo- ‘‘(A) to gather, analyze, and disseminate in- actions and communication; lution of start-ups, firms, and industries. formation on best practices for regional innova- ‘‘(C) share specialized infrastructure, labor (vii) The effects of domestic and international tion strategies (including regional innovation markets, and services; and trade policy on the competitiveness of the clusters), including information relating to how ‘‘(D) leverage the region’s unique competitive United States and the United States economy. innovation, productivity, and economic develop- strengths to stimulate innovation and create (viii) United States export promotion and ex- ment can be maximized through such strategies; jobs. port finance programs relative to export pro- ‘‘(B) to provide technical assistance, including ‘‘(2) SCIENCE PARK.—The term ‘Science park’ motion and export finance programs of other through the development of technical assistance means a property-based venture, which has— countries that compete economically with the guides, for the development and implementation ‘‘(A) master-planned property and buildings United States, including Canada, France, Ger- of regional innovation strategies (including re- designed primarily for private-public research many, Italy, Japan, Korea, and the United gional innovation clusters); and development activities, high technology and Kingdom, with noting of export promotion and ‘‘(C) to support the development of relevant science-based companies, and research and de- export finance programs carried out by such metrics and measurement standards to evaluate velopment support services; countries that are not analogous to any pro- regional innovation strategies (including re- ‘‘(B) a contractual or operational relationship grams carried out by the United States. gional innovation clusters), including the extent with one or more science- or research-related in- (ix) The effectiveness of current policies and to which such strategies stimulate innovation, stitution of higher education or governmental or programs affecting exports, including an assess- productivity, and economic development; and non-profit research laboratories; ment of Federal trade restrictions and State and ‘‘(D) to collect and make available data on re- ‘‘(C) a primary mission to promote research Federal export promotion activities. gional innovation cluster activity in the United and development through industry partnerships, (x) The effectiveness of the Federal Govern- States, including data on— assisting in the growth of new ventures and pro- ment and Federally funded research and devel- ‘‘(i) the size, specialization, and competitive- moting innovation-driven economic develop- opment centers in supporting and promoting ness of regional innovation clusters; ment; technology commercialization and technology ‘‘(ii) the regional domestic product contribu- ‘‘(D) a role in facilitating the transfer of tech- transfer. tion, total jobs and earnings by key occupa- nology and business skills between researchers (xi) Domestic and international intellectual tions, establishment size, nature of specializa- and industry teams; and property policies and practices. tion, patents, Federal research and development ‘‘(E) a role in promoting technology-led eco- (xii) Manufacturing capacity, logistics, and spending, and other relevant information for re- nomic development for the community or region supply chain dynamics of major export sectors, gional innovation clusters; and in which the science park is located. A science including access to a skilled workforce, physical ‘‘(iii) supply chain product and service flows park may be owned by a governmental or not- infrastructure, and broadband network infra- within and between regional innovation clus- for-profit entity, but it may enter into partner- structure. ters. ships or joint ventures with for-profit entities (xiii) Federal and State policies relating to ‘‘(2) RESEARCH GRANTS.—The Secretary may for development or management of specific com- science, technology, and education and other award research grants on a competitive basis to ponents of the park. relevant Federal and State policies designed to support and further the goals of the program es- ‘‘(3) STATE.—The term ‘State’ means one of promote commercial innovation, including immi- tablished under this subsection. the several States, the District of Columbia, the gration policies.

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(i) How the United States should invest in opment of advanced manufacturing tech- (2) The Hollings Manufacturing Extension human capital. nologies; and Partnership has helped thousands of companies (ii) How the United States should facilitate (2) such simulation and modeling would also reinvest in themselves through process improve- entrepreneurship and innovation. benefit small- and medium-sized manufacturers ment and business growth initiatives leading to (iii) How best to develop opportunities for lo- in the United States if such manufacturers were more sales, new markets, and the adoption of cally and regionally driven innovation by pro- to deploy such simulation and modeling technology to deliver new products and services. viding Federal support. throughout their manufacturing chains. (3) Manufacturing is an increasingly impor- (iv) How best to strengthen the economic in- (b) POLICY.—It is the policy of the United tant part of the construction sector as the infrastructure and industrial base of the United States to take all effective measures practicable dustry moves to the use of more components and States. to ensure that Federal programs and policies en- factory built sub-assemblies. (v) How to improve the international competi- courage and contribute to the use of high-end (4) Construction practices must become more tiveness of the United States. computing simulation and modeling in the efficient and precise if the United States is to (3) CONSULTATION.— United States manufacturing sector. construct and renovate its building stock to re- (A) IN GENERAL.—The study required by para- (c) STUDY.— duce related carbon emissions to levels that are graph (1) shall be conducted in consultation (1) IN GENERAL.—Not later than 30 days after consistent with combating global warming. with the National Economic Council of the Of- the date of the enactment of this Act, the Sec- (5) Many companies involved in construction fice of Policy Development, such Federal agen- retary of Commerce, in consultation with the are small, without access to innovative manu- cies as the Secretary considers appropriate, and Secretary of Energy and the Director of the Of- facturing techniques, and could benefit from the the Innovation Advisory Board established fice of Science and Technology Policy, shall type of training and business analysis activities under subparagraph (B). The Secretary shall carry out, through an interagency consulting that the Hollings Manufacturing Extension also establish a process for obtaining comments process, a study of the barriers to the use of Partnership routinely provides to the Nation’s from the public. high-end computing simulation and modeling by manufacturers and their supply chains. (B) INNOVATION ADVISORY BOARD.— small- and medium-sized manufacturers in the (6) Broadening the competitiveness grant pro- (i) IN GENERAL.—The Secretary shall establish United States. gram under section 25(f) of the National Insti- an Innovation Advisory Board for purposes of (2) FACTORS.—In carrying out the study re- tute of Standards and Technology Act (15 obtaining advice with respect to the conduct of quired by paragraph (1), the Secretary of Com- U.S.C. 278k(f)) could help develop and diffuse the study required by paragraph (1). merce, in consultation with the Secretary of En- knowledge necessary to capture a large portion OMPOSITION.—The Advisory Board estab- (ii) C ergy and the Director of the Office of Science of the estimated $100 billion or more in energy lished under clause (i) shall be comprised of 15 and Technology Policy, shall consider the fol- savings if buildings in the United States met the members, appointed by the Secretary— lowing: level and quality of energy efficiency now found (I) who shall represent all major industry sec- (A) The access of small- and medium-sized in buildings in certain other countries. tors; manufacturers in the United States to high-per- (7) It is therefore in the national interest to (II) a majority of whom should be from private formance computing facilities and resources. expand the capabilities of the Hollings Manu- industry, including large and small firms, rep- (B) The availability of software and other ap- facturing Extension Partnership to be sup- resenting advanced technology sectors and more plications tailored to meet the needs of such portive of the construction and green energy in- traditional sectors that use technology; and manufacturers. dustries. (III) who may include economic or innovation (C) Whether such manufacturers employ or SEC. 703. NATIONAL INSTITUTE OF STANDARDS policy experts, State and local government offi- have access to individuals with appropriate ex- AND TECHNOLOGY COMPETITIVE cials active in technology-based economic devel- pertise for the use of such facilities and re- GRANT PROGRAM. opment, and representatives from higher edu- sources. (a) IN GENERAL.—Section 25(f)(3) of the Na- cation. (D) Whether such manufacturers have access tional Institute of Standards and Technology (iii) EXEMPTION FROM FACA.—The Federal Ad- to training to develop such expertise. Act (15 U.S.C. 278k(f)(3)) is amended— visory Committee Act (5 U.S.C. App.) shall not (E) The availability of tools and other meth- (1) by striking ‘‘to develop’’ in the first sen- apply to the advisory board established under ods to such manufacturers to understand and tence and inserting ‘‘to add capabilities to the clause (i). manage the costs and risks associated with MEP program, including the development of’’; (b) STRATEGY.— transitioning to the use of such facilities and re- and (1) IN GENERAL.—Not later than 1 year after (2) by striking the last sentence and inserting sources. the completion of the study required by sub- ‘‘Centers may be reimbursed for costs incurred (3) REPORT.—Not later than 270 days after the section (a), the Secretary shall develop, based under the program. These themes— commencement of the study required by para- on the study required by subsection (a)(1), a na- ‘‘(A) shall be related to projects designed to graph (1), the Secretary of Commerce shall, in tional 10-year strategy to strengthen the inno- increase the viability both of traditional manu- consultation with the Secretary of Energy and vative and competitive capacity of the Federal facturing sectors and other sectors, such as con- the Director of the Office of Science and Tech- Government, State and local governments, struction, that increasingly rely on manufac- nology Policy, submit to Congress a report on United States institutions of higher education, turing through the use of manufactured compo- such study. Such report shall include such rec- and the private sector of the United States. nents and manufacturing techniques, including ommendations for such legislative or administra- (2) ELEMENTS.—The strategy required by supply chain integration and quality manage- tive action as the Secretary of Commerce con- paragraph (1) shall include the following: ment; (A) Actions to be taken by individual Federal siders appropriate in light of the study to in- ‘‘(B) shall be related to projects related to the agencies and departments to improve competi- crease the utilization of high-end computing transfer of technology based on the techno- tiveness. simulation and modeling by small- and medium- logical needs of manufacturers and available (B) Proposed legislative actions for consider- sized manufacturers in the United States. technologies from institutions of higher edu- ation by Congress. (d) AUTHORIZATION OF DEMONSTRATION AND cation, laboratories, and other technology pro- (C) Annual goals and milestones for the 10- PILOT PROGRAMS.—As part of the study reducing entities; and year period of the strategy. quired by subsection (c)(1), the Secretary of ‘‘(C) may extend beyond these traditional (D) A plan for monitoring the progress of the Commerce, the Secretary of Energy, and the Di- areas to include projects related to construction Federal Government with respect to improving rector of the Office of Science and Technology industry modernization.’’. conditions for innovation and the competitive- Policy may carry out such demonstration or (b) SELECTION.—Section 25(f)(5) of the Na- ness of the United States. pilot programs as either Secretary or the Direc- tional Institute of Standards and Technology (c) REPORT.— tor considers appropriate to gather experiential Act (15 U.S.C. 278k(f)(5)) is amended to read as (1) IN GENERAL.—Upon the completion of the data to evaluate the feasibility and advisability follows: strategy required by subsection (b), the Sec- of a specific program or policy initiative to re- ‘‘(5) SELECTION.— retary of Commerce shall submit to Congress duce barriers to the utilization of high-end com- ‘‘(A) IN GENERAL.—Awards under this section and the President a report on the study con- puter modeling and simulation by small- and shall be peer reviewed and competitively award- ducted under subsection (a) and the strategy de- medium-sized manufacturers in the United ed. The Director shall endeavor to select at least veloped under subsection (b). States. one proposal in each of the 9 statistical divisions (2) ELEMENTS.—The report required by para- TITLE VII—NIST GREEN JOBS of the United States (as designated by the Bu- reau of the Census). The Director shall select graph (1) shall include the following: SEC. 701. SHORT TITLE. (A) The findings of the Secretary with respect proposals to receive awards that will— This title may be cited as the ‘‘NIST Grants to the study conducted under subsection (a). ‘‘(i) create jobs or train newly hired employ- for Energy Efficiency, New Job Opportunities, (B) The strategy required by subsection (b). ees; and Business Solutions Act of 2010’’ or the ‘‘(ii) promote technology transfer and commer- SEC. 605. PROMOTING USE OF HIGH-END COM- ‘‘NIST GREEN JOBS Act of 2010’’. PUTING SIMULATION AND MOD- cialization of environmentally focused mate- ELING BY SMALL- AND MEDIUM- SEC. 702. FINDINGS. rials, products, and processes; SIZED MANUFACTURERS. Congress finds the following: ‘‘(iii) increase energy efficiency; and (a) FINDINGS.—Congress finds that— (1) Over its 20-year existence, the Hollings ‘‘(iv) improve the competitiveness of industries (1) the utilization of high-end computing sim- Manufacturing Extension Partnership has prov- in the region in which the Center or Centers are ulation and modeling by large-scale government en its value to manufacturers as demonstrated located.

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‘‘(B) ADDITIONAL SELECTION CRITERIA.—The (2) in paragraph (3), by striking the period at (2) in paragraph (4), by striking the period at Director may select proposals to receive awards the end and inserting ‘‘; and’’; and the end and inserting a semicolon; and that will— (3) by adding at the end the following: (3) by adding at the end the following: ‘‘(i) encourage greater cooperation and foster ‘‘(4) $25,000,000 for each of fiscal years 2011 ‘‘(5) $5,247,000,000 for fiscal year 2011; partnerships in the region with similar Federal, through 2013.’’. ‘‘(6) $5,614,000,000 for fiscal year 2012; and State, and locally funded programs to encourage (c) CONFORMING AMENDMENTS.— ‘‘(7) $6,007,000,000 for fiscal year 2013.’’. energy efficiency and building technology; and (1) Subpart B of the Department of Energy SEC. 904. ADVANCED RESEARCH PROJECTS AGEN- ‘‘(ii) collect data and analyze the increasing Science Education Enhancement Act (42 U.S.C. CY-ENERGY. connection between manufactured products and 7381g et seq.) is amended by striking chapters 1, Section 5012 of the America COMPETES Act manufacturing techniques, the future of con- 2, and 5 (42 U.S.C. 7381h, 7381j, 7381p). (42 U.S.C. 16538) is amended— struction practices, and the emerging applica- (2) Section 3195 of the Department of Energy (1) in subsection (a)(3), by striking ‘‘sub- tion of products from the green energy indus- Science Education Enhancement Act (42 U.S.C. section (m)(1)’’ and inserting ‘‘subsection tries.’’. 7381r) is amended by striking ‘‘chapters 1, 3, and (n)(1)’’; (c) OTHER MODIFICATIONS.—Section 25(f) of 4’’ each place it appears and inserting ‘‘chapters (2) in subsection (c)(2)(A), by inserting ‘‘and the National Institute of Standards and Tech- 3 and 4’’. applied’’ after ‘‘advances in fundamental’’; nology Act (15 U.S.C. 278k(f)) is amended— SEC. 902. ENERGY RESEARCH PROGRAMS. (3) in subsection (e)— (1) by adding at the end the following: (a) NUCLEAR SCIENCE TALENT PROGRAM.—Sec- (A) in paragraph (3)— ‘‘(7) DURATION.—Awards under this section tion 5004(f) of the America COMPETES Act (42 (i) by striking subparagraph (C) and inserting shall last no longer than 3 years. U.S.C. 16532(f)) is amended— the following: ‘‘(8) ELIGIBLE PARTICIPANTS.—In addition to (1) in paragraph (1)— ‘‘(C) research and development of advanced manufacturing firms eligible to participate in (A) in subparagraph (B), by striking ‘‘and’’ at manufacturing process and technologies for the the Centers program, awards under this sub- the end; domestic manufacturing of novel energy tech- section may be used by the Centers to assist (B) in subparagraph (C), by striking the pe- nologies; and’’; and small- or medium-sized construction firms. Cen- riod at the end and inserting a semicolon; and (ii) in subparagraph (D), by striking ‘‘and’’ ters may be reimbursed under the program for (C) by adding at the end the following: after the semicolon at the end; working with such eligible participants. ‘‘(D) $9,800,000 for fiscal year 2011; (B) in paragraph (4), by striking the period at ‘‘(9) AUTHORIZATION OF APPROPRIATIONS.—In ‘‘(E) $10,100,000 for fiscal year 2012; and the end and inserting ‘‘; and’’; and addition to any amounts otherwise authorized ‘‘(F) $10,400,000 for fiscal year 2013.’’; and (C) by adding at the end the following: or appropriated to carry out this section, there (2) in paragraph (2)— ‘‘(5) pursuant to subsection (c)(2)(C)— are authorized to be appropriated to the Sec- (A) in subparagraph (B), by striking ‘‘and’’ at ‘‘(A) ensuring that applications for funding retary of Commerce $7,000,000 for each of the fis- the end; disclose the extent of current and prior efforts, cal years 2011 through 2013 to carry out this (B) in subparagraph (C), by striking the pe- including monetary investments as appropriate, subsection.’’. riod at the end and inserting a semicolon; and in pursuit of the technology area for which TITLE VIII—GENERAL PROVISIONS (C) by adding at the end the following: funding is being requested; SEC. 801. GOVERNMENT ACCOUNTABILITY OF- ‘‘(D) $8,240,000 for fiscal year 2011; ‘‘(B) adopting measures to ensure that, in FICE REVIEW. ‘‘(E) $8,500,000 for fiscal year 2012; and making awards, program managers adhere to Not later than May 31, 2013, the Comptroller ‘‘(F) $8,750,000 for fiscal year 2013.’’. the purposes of subsection (c)(2)(C); and General of the United States shall submit a re- (b) HYDROCARBON SYSTEMS SCIENCE TALENT ‘‘(C) providing as part of the annual report port to the Senate Committee on Commerce, PROGRAM.—Section 5005 of the America COM- required by subsection (h)(1) a summary of the Science, and Transportation and the House of PETES Act (42 U.S.C. 16533) is amended— instances of and reasons for ARPA–E funding Representatives Committee on Science and Tech- (1) in subsection (b)(2)— projects in technology areas already being un- nology that evaluates the status of the programs (A) in subparagraph (H), by striking ‘‘and’’ at dertaken by industry.’’; authorized in this Act, including the extent to the end; (4) by redesignating subsections (f) through which such programs have been funded, imple- (B) in subparagraph (I), by striking the period (m) as subsections (g) through (n), respectively; mented, and are contributing to achieving the at the end and inserting ‘‘; and’’; and (5) by inserting after subsection (e) the fol- goals of the Act. (C) by adding at the end the following: lowing: ‘‘(J) hydrocarbon spill response and remedi- ‘‘(f) AWARDS.—In carrying out this section, SEC. 802. SALARY RESTRICTIONS. ation.’’; and the Director may provide awards in the form of (a) OBSCENE MATTER ON FEDERAL PROP- (2) in subsection (f)(1)— grants, contracts, cooperative agreements, cash ERTY.—None of the funds authorized under this (A) in subparagraph (B), by striking ‘‘and’’; prizes, and other transactions.’’; Act may be used to pay the salary of any indi- (B) in subparagraph (C), by striking the pe- (6) in subsection (g) (as redesignated by para- vidual who is convicted of violating section 1460 riod at the end and inserting a semicolon; and graph (4))— of title 18, United States Code. (C) by adding at the end the following: (A) by redesignating paragraphs (1) and (2) as (b) USE OF FEDERAL COMPUTERS FOR CHILD ‘‘(D) $9,800,000 for fiscal year 2011; paragraphs (2) and (3), respectively; PORNOGRAPHY OR EXPLOITATION OF MINORS.— ‘‘(E) $10,000,000 for fiscal year 2012; and (B) by inserting before paragraph (2) (as re- None of the funds authorized under this Act ‘‘(F) $10,400,000 for fiscal year 2013.’’. designated by subparagraph (A)) the following: may be used to pay the salary of any individual (c) EARLY CAREER AWARDS.—Section 5006(h) ‘‘(1) IN GENERAL.—The Director shall establish who is convicted of a violation of section 2252 of of the America COMPETES Act (42 U.S.C. and maintain within ARPA–E a staff with suffi- title 18, United States Code. 16534(h)) is amended by striking ‘‘2010’’ and in- cient qualifications and expertise to enable SEC. 803. ADDITIONAL RESEARCH AUTHORITIES serting ‘‘2013’’. ARPA–E to carry out the responsibilities of OF THE FCC. (d) PROTECTING AMERICA’S COMPETITIVE EDGE ARPA–E under this section in conjunction with Title I of the Communications Act of 1934 (47 (PACE) GRADUATE FELLOWSHIP PROGRAM.—Sec- other operations of the Department.’’; U.S.C. 151 et seq.) is amended by adding at the tion 5009(f) of the America COMPETES Act (42 (C) in paragraph (2) (as redesignated by sub- end the following: U.S.C. 16536(f)) is amended— paragraph (A))— ‘‘SEC. 12. ADDITIONAL RESEARCH AUTHORITIES (1) in paragraph (2), by striking ‘‘and’’ at the (i) in the paragraph heading, by striking OF THE FCC. end; ‘‘PROGRAM MANAGERS’’ and inserting ‘‘PROGRAM ‘‘In order to carry out the purposes of this (2) in paragraph (3), by striking the period at DIRECTORS’’; Act, the Commission may— the end and inserting a semicolon; and (ii) in subparagraph (A), by striking ‘‘program ‘‘(1) undertake research and development (3) by adding at the end the following: managers for each of’’ and inserting ‘‘program work in connection with any matter in relation ‘‘(4) $20,600,000 for fiscal year 2011; directors for’’; to which the Commission has jurisdiction; and ‘‘(5) $21,200,000 for fiscal year 2012; and (iii) in subparagraph (B)— ‘‘(2) promote the carrying out of such research ‘‘(6) $21,900,000 for fiscal year 2013.’’. (I) in the matter preceding clause (i), by strik- and development by others, or otherwise to ar- (e) DISTINGUISHED SCIENTIST PROGRAM.—Sec- ing ‘‘program manager’’ and inserting ‘‘program range for such research and development to be tion 5011(j) of the America COMPETES Act (42 director’’; carried out by others.’’. U.S.C. 16537(j)) is amended— (II) in clause (iv), by striking ‘‘, with advice TITLE IX—DEPARTMENT OF ENERGY (1) in paragraph (2), by striking ‘‘and’’ at the under subsection (j) as appropriate,’’; SEC. 901. SCIENCE, ENGINEERING, AND MATHE- end; (III) by redesignating clauses (v) and (vi) as MATICS EDUCATION PROGRAMS. (2) in paragraph (3), by striking the period at clauses (vi) and (viii), respectively; (a) IN GENERAL.—Sections 3171, 3175, and 3191 the end and inserting a semicolon; and (IV) by inserting after clause (iv) the fol- of the Department of Energy Science Education (3) by adding at the end the following: lowing: Enhancement Act (42 U.S.C. 7381h, 7381j, 7381p) ‘‘(4) $31,000,000 for fiscal year 2011; ‘‘(v) identifying innovative cost-sharing ar- are repealed. ‘‘(5) $32,000,000 for fiscal year 2012; and rangements for ARPA–E projects, including (b) AUTHORIZATION OF APPROPRIATIONS FOR ‘‘(6) $33,000,000 for fiscal year 2013.’’. through use of the authority provided under SUMMER INSTITUTES.—Section 3185(f) of the De- SEC. 903. BASIC RESEARCH. section 988(b)(3) of the Energy Policy Act of 2005 partment of Energy Science Education En- Section 971(b) of the Energy Policy Act of 2005 (42 U.S.C. 16352(b)(3));’’; hancement Act (42 U.S.C. 7381n(f)) is amended— (42 U.S.C. 16311(b)) is amended— (V) in clause (vi) (as redesignated by sub- (1) in paragraph (2), by striking ‘‘and’’ at the (1) in paragraph (3), by striking ‘‘and’’ at the clause (III)), by striking ‘‘; and’’ and inserting end; end; a semicolon; and

VerDate Mar 15 2010 05:47 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00054 Fmt 4634 Sfmt 6333 E:\CR\FM\A21DE7.053 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 21, 2010 CONGRESSIONAL RECORD — HOUSE H8841 (VI) by inserting after clause (vi) (as redesig- other provision of the America COMPETES Act all Members may have 5 legislative nated by subclause (III)) the following: (Public Law 110–69). days within which to revise and extend ‘‘(vii) identifying mechanisms for commercial SEC. 1002. REPEALS AND CONFORMING AMEND- their remarks and include extraneous application of successful energy technology de- MENTS. material on the bill, H.R. 5116. velopment projects, including through establish- (a) REPEALS.—The following provisions of the The SPEAKER pro tempore. Is there ment of partnerships between awardees and Act are repealed: commercial entities; and’’; (1) Section 6001 (20 U.S.C. 9801). objection to the request of the gen- (iv) in subparagraph (C), by inserting ‘‘not (2) Part III of subtitle A of title VI (20 U.S.C. tleman from Tennessee? more than’’ after ‘‘shall be’’; and 9841). There was no objection. (D) in paragraph (3) (as redesignated by sub- (3) Subtitle B of title VI (20 U.S.C. 9851 et Mr. GORDON of Tennessee. Mr. paragraph (A))— seq.) Speaker, I yield myself such time as I (i) in subparagraph (A)— (4) Subtitle C of title VI (20 U.S.C. 9861 et may consume. (I) in clause (i), by striking ‘‘and’’ after the seq.). On October 12, 2005, in response to a (5) Subtitle E of title VI (20 U.S.C. 9881 et semicolon at the end; and bipartisan request by the Science and (II) by striking clause (ii) and inserting the seq.). following: (b) CONFORMING AMENDMENTS.—The Act is Technology Committee and some of ‘‘(ii) fix the basic pay of such personnel at a amended— our colleagues in the Senate, LAMAR rate to be determined by the Director at rates (1) by redesignating section 6002 (20 U.S.C. ALEXANDER and JEFF BINGAMAN, the not in excess of Level II of the Executive Sched- 9802) as section 6001; National Academies released their re- ule (EX–II) without regard to the civil service (2) by redesignating subtitle D of title VI (20 port, ‘‘Rising Above the Gathering laws; and U.S.C. 9871) as subtitle B of title VI; and Storm.’’ The distinguished panel paint- ‘‘(iii) pay any employee appointed under this (3) by redesignating section 6401 (20 U.S.C. 9871) as section 6201. ed a very scary picture. The report subpart payments in addition to basic pay, ex- made it clear that, without action, the cept that the total amount of additional pay- SEC. 1003. AUTHORIZATIONS OF APPROPRIA- ments paid to an employee under this subpart TIONS AND MATCHING REQUIRE- future was bleak for our children and for any 12-month period shall not exceed the MENT. grandchildren. This report was, with- least of the following amounts: (a) TEACHERS FOR A COMPETITIVE TOMOR- out question, a call to arms. ‘‘(I) $25,000. ROW.—Section 6116 (20 U.S.C. 9816) is amended September of this year, Norm Augus- ‘‘(II) The amount equal to 25 percent of the to read as follows: tine released, ‘‘Rising Above the Gath- annual rate of basic pay of the employee. ‘‘SEC. 6116. AUTHORIZATION OF APPROPRIA- ering Storm, Revisited: Rapidly Ap- ‘‘(III) The amount of the limitation that is ap- TIONS. ‘‘There are authorized to be appropriated to proaching Category 5.’’ The updated re- plicable for a calendar year under section port highlights progress that has been 5307(a)(1) of title 5, United States Code.’’; carry out this part $4,000,000 for each of fiscal (ii) in subparagraph (B), by striking ‘‘not less years 2011 through 2013, of which— made in the past 5 years, including en- than 70, and not more than 120,’’ and inserting ‘‘(1) $2,000,000 shall be available to carry out actment of the original America COM- ‘‘not more than 120’’; section 6113 for each of fiscal years 2011 through PETES Act, but he underscores that (7) in subsection (h)(2) (as redesignated by 2013; and America’s competitive position in the ‘‘(2) $2,000,000 shall be available to carry out paragraph (4))— section 6114 for each of fiscal years 2011 through world now faces greater challenges and (A) by striking ‘‘2008’’ and inserting ‘‘2010’’; that research investments are even and 2013.’’. (b) ADVANCED PLACEMENT AND INTERNATIONAL more critical today. (B) by striking ‘‘2011’’ and inserting’’2013’’; BACCALAUREATE PROGRAMS AND MATCHING RE- The message from the report is clear: (8) by striking subsection (j) (as redesignated QUIREMENT.—Section 6123 (20 U.S.C. 9833) is by paragraph (4)) and inserting the following: We need to double-down on our invest- amended— ‘‘(j) FEDERAL DEMONSTRATION OF TECH- ments in science and technology. The (1) in subsection (h)(1)— NOLOGIES.—The Director shall seek opportuni- worst thing we could do would be to (A) by striking ‘‘100’’ and inserting ‘‘50’’; and ties to partner with purchasing and procure- (B) by striking ‘‘200’’ and inserting ‘‘100’’; and downshift while the rest of the world ment programs of Federal agencies to dem- (2) by striking subsection (l) and inserting the kicks it into high gear. onstrate energy technologies resulting from ac- following: As chairman of the Gathering Storm tivities funded through ARPA–E.’’; ‘‘(l) AUTHORIZATION OF APPROPRIATIONS.— Committee and former chairman and (9) in subsection (l) (as redesignated by para- There are authorized to be appropriated to carry CEO of Lockheed Martin, Norm Augus- graph (4))— out this section $75,000,000 for each of fiscal tine said, in all the years he was an air- (A) in paragraph (1), by striking ‘‘4 years’’ years 2011 through 2013.’’. and inserting’’ 6 years’’; and craft engineer and dealing with the (c) ALIGNMENT OF EDUCATION PROGRAMS.— common dilemma of trying to make an (B) in paragraph (2)(B), by inserting ‘‘, and Section 6201(j), as redesignated by section the manner in which those lessons may apply to 1002(b)(3), is amended to read as follows: overweight aircraft fly, the solution the operation of other programs of the Depart- ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— was never to lop off an engine. Science ment’’ after ‘‘ARPA–E’’; and There are authorized to be appropriated to carry funding is the engine of a knowledge- (10) in subsection (n) (as redesignated by out this section $120,000,000 for each of fiscal based economy. If we remove it, our paragraph (4))— years 2011 and 2012.’’. economy will crash and burn. (A) in paragraph (2)— (i) in subparagraph (A), by striking ‘‘and’’ MOTION TO CONCUR More than half of our economic after the semicolon at the end; The SPEAKER pro tempore. The growth since World War II can be at- (ii) in subparagraph (B), by striking the pe- Clerk will report the motion. tributed to development and adoption riod at the end and inserting a semicolon; and The Clerk read as follows: of new technologies. These investments (iii) by adding at the end the following: Mr. Gordon of Tennessee moves that the are the path towards sustained eco- ‘‘(C) $300,000,000 for fiscal year 2011; House concur in the Senate amendment to nomic recovery and growth and the ‘‘(D) $306,000,000 for fiscal year 2012; and H.R. 5116. path toward prosperity for the next 50 ‘‘(E) $312,000,000 for fiscal year 2013.’’; years. There is an undeniable relation- (B) by striking paragraph (4); The SPEAKER pro tempore. Pursu- (C) by redesignating paragraph (5) as para- ant to House Resolution 1781, the mo- ship between investment in R&D and graph (4); and tion shall be debatable for 1 hour, the creation of jobs, the creation of (D) in paragraph (4)(B) (as redesignated by equally divided and controlled by the companies, and economic growth. subparagraph (C))— chair and ranking minority member of The Science Coalition, a nonprofit, (i) by striking ‘‘2.5 percent’’ and inserting ‘‘5 the Committee on Science and Tech- nonpartisan organization of the Na- percent’’; and tion’s leading research universities, re- (ii) by inserting ‘‘, consistent with the goal de- nology. The gentleman from Tennessee (Mr. leased a report entitled, ‘‘Sparking scribed in subsection (c)(2)(D) and within the Economic Growth: How Federally responsibilities of program directors described in GORDON) and the gentleman from Texas subsection (g)(2)(B)(vii)’’ after ‘‘outreach activi- (Mr. HALL) each will control 30 min- Funded University Research Creates ties’’. utes. Innovation, New Companies and Jobs.’’ TITLE X—EDUCATION The Chair recognizes the gentleman This report tells the stories of 100 com- from Tennessee. panies, including Google, Cisco, SAS, SEC. 1001. REFERENCES. Genentech, Orbital Sciences, Sun Except as otherwise expressly provided, wher- b 1340 ever in this title an amendment or repeal is ex- Power, Medtronic, Hewlett Packard, pressed in terms of an amendment to, or repeal GENERAL LEAVE and many others, that were all created of, a section or other provision, the reference Mr. GORDON of Tennessee. Mr. based on research funded with Federal shall be considered to be made to a section or Speaker, I ask unanimous consent that dollars.

VerDate Mar 15 2010 07:12 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\CR\FM\A21DE7.053 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8842 CONGRESSIONAL RECORD — HOUSE December 21, 2010 The U.S. Chamber of Commerce, the want our children and grandchildren to demands that we get spending under Business Roundtable, the National As- inherit a national standard of living control and work harder than ever to sociation of Manufacturers, the Coun- less than their parents, a reversal of patronize taxpayer dollars. cil on Competitiveness, and the Task the American Dream, we need to sup- Before I delve into the depths of the Force on American Innovation all un- port research, foster innovation, and bill, let me discuss the process that derstand the benefits to U.S. compa- improve education. brought us to this point. nies of making a sustained commit- The business community has urged The Senate negotiated amongst ment to research and STEM education. us to pass this bill to support research, themselves and hotlined a bill, then We have a huge opportunity before us foster innovation, and improve edu- passed it via unanimous consent, that to make progress toward that goal. cation. The academic community has is much different than the bill reported While there have been concessions urged us to pass this bill to support re- out of even the Senate conference com- made in light of the economic environ- search, foster innovation, and improve mittee back in July. The report on ment, this bill preserves the intent of education. The scientific community that bill was not filed until December the ‘‘Rising Above the Gathering has urged us to pass this bill to support 10, and we didn’t see the actual text of Storm’’ report and the original COM- research, foster innovation, and im- the amendment before us until last PETES. It keeps our basic research prove education. And every one of our Friday, this past Friday. We still don’t agencies on a doubling path. It con- colleagues in the Senate has agreed have a complete CBO cost estimate. tinues to invest in high-risk, high-re- that this bill needs to be sent to the b 1350 ward energy technology development. President’s desk so the U.S. can sup- Now as we are under a closed rule, we It will help improve STEM education, port research, foster innovation, and are considering a measure that the and it will help unleash the American improve education and create 21st cen- Senate has spoken on; but the House as spirit of innovation. COMPETES is, tury jobs. a body, both Democrats and Repub- and will continue to be, a bipartisan, I urge my colleagues to stand with licans alike, are having to either ac- bicameral effort about which every the business community, the academic cept or reject the Senate’s desire in Member can feel proud. community, the scientific community, whole, with no opportunity to offer I applaud all of the people who have and to send a strong message that the amendments. This is not the way the worked on this bill, including all the U.S. must maintain its scientific and American people want us to do their members of the Science and Tech- economic leadership. business. nology Committee and my dear friend, With that, I reserve the balance of They told us in November that they RALPH HALL. This has been a team ef- my time. want us to do things differently, and fort, across the aisle and across the Mr. HALL of Texas. Mr. Speaker, I this lame duck Congress is going Capitol. rise today in support of a very robust against those wishes and denying us I also want to take a moment to ex- basic research and yield myself as opportunity to carefully review the tend a sincere and heartfelt thank you much time as I may consume. items in this $46 billion amendment. to the staff of the Committee on This COMPETES Act is back again. Men who are much smarter than me Science and Technology, both minority It’s been here before, and it’s living and whom I greatly respect, like Norm and majority. Their tireless efforts in proof that Billy Graham was right Augustine and Peter O’Donnell, Jr., crafting the House version of this legis- when he said you can hate the sin but have encouraged me to support this lation, working through the tough love the sinner. I’m fond of BART GOR- bill. But, Mr. Speaker, it is hard for me spots, and shepherding it to final pas- DON, have worked with him. We’re to say that I just can’t support this sage today deserves special acknowl- going to miss him when he leaves here. version of COMPETES. If this Senate edgment. Without them, this reauthor- But I’ve never really liked to have a COMPETES amendment is defeated ization of COMPETES would not have great bill like COMPETES with so today, I pledge as the incoming chair- been possible. much piled on it, so many hundreds of man of the Science and Technology We are all familiar with the legions thousands and millions of dollars piled Committee to reintroduce the good, of smart, talented professionals who on it that has never really been de- fiscally responsible pieces of this com- grace the corridors of this institution, bated on either floor. prehensive legislation agency by agen- and I am sure each of us is impressed I’ve stated on this floor a lot of times cy and issue by issue, giving each indi- on a regular basis with the knowledge this year, I remain committed to the vidual piece the opportunity to be re- and expertise of the staff we work with goals of the original America COM- viewed and voted on by every Member. most closely. However, I am always PETES. Unfortunately, the Senate om- Science and technology are the fun- amazed by the wealth of knowledge nibus language before us today in- damental movers of our economy, and lodged with the staff of the Science and cludes a hodgepodge of so many extra- if we want to remain globally competi- Technology Committee. I simply can’t neous measures that it is indeed most tive, this bill should be considered in say enough about the staff’s talent, in- surprising that we are considering this smaller pieces and not on the last day sight, and institutional knowledge. 5 days before Christmas. Like the of a lame duck congressional session. Their hard work has made the Science House-passed version, it continues to Yes, our friends in the Senate have Committee more productive, and it has take us off track from what he set out made it a 3-year reauthorization bill, made me a better chairman. to do, in a bipartisan fashion, more and, yes, they have nearly cut the cost Mr. Speaker, I am proud that, in the than 5 years ago. in half; but this $46 billion bill still two terms that I have had the privilege In 2007, Congress responded to the contains $7.4 billion in new spending. to lead the Science and Technology recommendations of many experts that My good friend and chairman of the Committee, the committee has had 151 the Federal Government must increase committee will tell you that the Sen- bills and resolutions pass the House, all its investment in basic research and in ate stripped a number of provisions with bipartisan support. But there is science and math education by devel- from the version previously passed and nothing that I am more proud of than oping the America COMPETES Act. trimmed the bill considerably. I, too, the America COMPETES Act. There is The principles behind the legislation think the Senate missed an oppor- nothing that we have done that will were sound, bipartisan, and well-under- tunity to retain some of the House- have deeper, longer lasting, and more stood. passed language, particularly language positive impacts on our Nation than When COMPETES first passed, our to assist institutions serving our Na- this bill. budget deficit was projected at $160 bil- tion’s veterans and those with disabil- I cannot think of anything I would lion, and the national debt was $8 tril- ities, and language to eliminate pay for rather be doing, on what is likely my lion. Sadly, today, just 3 years later, Federal employees officially dis- final act on this House floor after 26 the deficit’s projected not $160 billion ciplined for viewing, downloading, or years of service, than sending this bill but $1.5 trillion, and the national debt exchanging pornography on their work to the President’s desk. It’s important is over $13 trillion, a 60 percent in- computers. to me personally because I have a 9- crease in less than 3 years. This dra- Unfortunately, it also does not in- year-old daughter, and if we do not matic collapse in our fiscal condition clude two bipartisan interagency bills

VerDate Mar 15 2010 05:47 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\CR\FM\K21DE7.062 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 21, 2010 CONGRESSIONAL RECORD — HOUSE H8843 that passed the House as standalone vilian over in the great State of Ten- Mr. EHLERS. Mr. Speaker, I thank legislation, bills that would reauthor- nessee. the gentleman for yielding. I did not ize our Nation’s nanotechnology pro- I reserve the balance of my time. expect to speak, and I do not have any gram and our networking information Mr. GORDON of Tennessee. Mr. prepared comments or notes; but I am technology R&D program, NITRD. Speaker, I yield 2 minutes to the gen- going to speak on issues of science On the other hand, I am heartened to tleman from Illinois (Mr. LIPINSKI), the which I feel qualified to speak on be- see that the Senate removed a number chairman of the Subcommittee on Re- cause I am a scientist, specifically a of expensive and in many cases dupli- search and Science Education. nuclear physicist. I also want to make cative initiatives added by the House Mr. LIPINSKI. Mr. Speaker, as unit clear I have never received any grant both in committee and on the floor: employment remains painfully high, money from the NSF. When I did re- among them energy hubs, a clean en- and we see our students falling behind search, I was supported by the Federal ergy consortium, never-before-funded in math and science, Americans are Government directly through the De- STEM programs at the Department of asking: What can be done to make our partment of Energy or by the U.S. Education, a laboratory science pro- future better? Navy. gram, and a decades-old infrastructure Although today’s bill won’t gain big The Federal Government plays an construction program at the National headlines, it is a critical step forward. important role in guiding the economy Science Foundation. This approach to research, education, of our Nation. Much of that role is car- Alas, it is the items that they did not and innovation will lead to a better ried forth by the National Science remove or have not removed on their prepared and better educated domestic Foundation and some of the other own, without our input, that cause me workforce and an economy built for funding agencies. the most heartburn. I still have great long-term success. Let me just give one specific example I am particularly grateful for the concern that we are authorizing ARPA- which I am very familiar with because leadership of Chairman BART GORDON, E to the tune of $900 million. This pro- it is related to my area of research. My the driving force behind the original gram was never voted on by the House good friend, Charlie Townes, who won a COMPETES bill and this reauthoriza- or Senate outside of a conference re- Nobel Prize for developing the laser, tion. He has accomplished much in his port, nor has it ever received appro- discovered some years ago that he 26 years in Congress and has fought priate funding outside of the stimulus could make a maser—microwave am- tirelessly to make Congress and all bill. Yet we are going to authorize $900 plification by stimulated emission of Americans realize that science and en- radiation. He decided he could do it million to a program that focuses on gineering advancements mean eco- late-stage technology development and with microwaves, and he could do it nomic growth. with light. commercialization activities often al- As a former college professor, an en- ready supported by the private sector. So he developed a laser and won the gineer, and an advocate for American Nobel Prize. How much money did he The amendment before us also keeps manufacturing, I firmly believe that and expands a loan guarantee program get from the Federal Government for this bill will help create jobs and en- his research, I don’t really know, but I to build or renovate science parks and sure a higher standard of living for fu- would guess probably not more than develop ‘‘regional innovation clusters,’’ ture generations. $50,000. How much has that contributed alters the MEP program for NIST to Much of the National Science Foun- to the economy of this Nation? Billions make grants to construction and green dation title of this bill comes from my and billions of dollars. Just look at the energy companies, and puts NSF in the bill in the Research and Science Edu- laser industry and the use of lasers business of replicating university pro- cation Subcommittee. Although not as today in so many ways—a huge payoff gramming for future STEM teachers. much as I would like to see, this com- on government investment in research. Mr. Speaker, correct me if I’m wrong, promise authorizes a steady, respon- but America COMPETES is about mak- sible increase in research and STEM b 1400 ing this Nation more competitive and education funding and properly empha- Also, we tend to fund the National ensuring that our basic research agen- sizes commercialization. The bill also Institutes of Health with a healthy cies have the funding they need to pur- includes language based on the GE- amount every year because we are very sue the unknown and scientific and en- NIUS Act I introduced with FRANK interested in improving health. How gineering breakthroughs that propel us WOLF to authorize offering cash prizes many in this body know that some of into the future. It is not about turning for solutions to our most difficult sci- the greatest discoveries in health were these agencies into infrastructure con- entific problems. done by physicists, many of whom were tractors and leaders or oracles, for that Perhaps most important are the pro- supported by the National Science matter, who pick winners and losers. visions that will help reinvigorate Foundation? X rays, how would we get As much as I want to support COM- American manufacturing, including along without x rays? Discovered by a PETES and see NSF, NIST, and the the newly created NSF manufacturing physicist, a gentleman by the name of DOE Office of Science reauthorized, I research program, and an initiative to Rontgen in Germany. What about the simply can’t support this version. help smaller manufacturers reduce MRI? The basic concepts developed by Just like I stated when the House costs and increase quality through physicists. The same for the CAT scan. took up the measure on all three pre- high-performance computing. The basic idea was developed by physi- vious occasions, this measure con- The bill calls for a national competi- cists—not by doctors, not by M.D.’s, tinues to be far too expensive, particu- tiveness strategy that includes some but physicists doing basic research. larly in light of the new and duplica- elements from my National Manufac- And that’s what the National Science tive programs it creates. Further, we turing Strategy Act that the House Foundation is all about, and that’s have not had the opportunity to give passed this past summer. what keeps our economy stimulated in proper oversight to the programs we I urge my colleagues to join me not this Nation. put in motion in the first COMPETES only in voting for this today, but also We have a great deal to fear from the before authorizing new, additional pro- fighting to fully fund it. If we want to nation of China. China is investing grams. And, unfortunately, this bill maintain our economic strength, we huge amounts of money and is training still goes way beyond the goals and di- cannot shortchange critical invest- more engineers and scientists far more rection of the original America COM- ments made in this bill for our people than we are producing. They are spend- PETES, taking us from good, solid fun- or for our research infrastructure. I ing a lot of money on research. And if damental research and much too far urge passage of this bill, and I want to we wonder why they are doing better into the world of commercialization, especially thank Chairman BART GOR- than we are in the Nation’s economy, which many of us on this side of the DON for all of his work in Congress and it is largely because they are sup- aisle do not believe is the proper role of all that he has accomplished. This bill porting the people who contribute to the Federal Government. is a great testament to his leadership. the development of technology, I want to again thank BART GORDON Mr. HALL of Texas. Mr. Speaker, I science, et cetera. for the good services he’s rendered and yield 5 minutes to the gentleman from Now, I worked on this issue several for the good service he’ll render as a ci- Michigan (Mr. EHLERS). years ago. I do not claim credit for the

VerDate Mar 15 2010 05:47 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\CR\FM\K21DE7.064 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8844 CONGRESSIONAL RECORD — HOUSE December 21, 2010 COMPETES Act. But I did work with (Ms. EDDIE BERNICE JOHNSON) is going again. I do not believe that we, as a Na- Sherry Boehlert, a Congressman who to be the ranking member in the com- tion, can compete ever with ignoring was chairing the Science Committee; ing 112th Congress, and I yield to her 5 the fact that 50 percent of its brain- FRANK WOLF, who was the chair of the minutes. power is left behind. I am pleased that Appropriations Committee dealing Ms. EDDIE BERNICE JOHNSON of this bill does prohibit the consolidation with science, and at the suggestion of Texas. Mr. Speaker, I do rise in support of programs that serve minority insti- FRANK WOLF, I arranged for a meeting of H.R. 5116, the America COMPETES tutions and students in the National with the White House. I tried to meet Reauthorization Act. And I am proud Science Foundation. with President Bush. Instead, I met to say that I have worked with Dr. We must be proactive. We have more with the Director of the Office of Man- EHLERS, with our incoming chairman, work to ensure that all Americans are agement and Budget. And over break- Mr. HALL, as well as our outgoing afforded the same chance to compete in fast, I explained, in far more detail chairman. the 21st century. It is not an in-your- than I can do here, precisely what this We all know that the reauthorization face. It is not a civil rights act. It is to country needed if we are going to com- of America COMPETES is to ensure make sure that the majority of the stu- pete in the international marketplace. that our future is more prosperous dents in this Nation become prepared And the Director of Management and than our past. It is about ensuring to save this Nation. Budget said afterwards, You sold me, America’s memories are honored by in- We cannot sit around and think that but where are we going to get the vesting in dreams that are even higher. it is going to happen without effort. We money? I said, I have ideas for that, The legislation before the U.S. Con- need to help our schools around the Na- too, and presented my ideas. gress today is a message, a message tion to elevate their math and science Out of that, in the next State of the that makes America understand that programs so that they can achieve the Union speech, President George W. we are not here just to compete but to standard exemplified by the School of Bush developed the idea of the COM- lead the 21st century. Science and Engineering at Townview, PETES Act. And it was a delight to As a member of the House Science a high school in my district, in Dallas, work with the White House, with the and Technology Committee for over 18 Texas, which is rated one of the best President and with the Office of Man- years, I am proud to be an author of public schools in the Nation. But that’s agement and Budget in developing the this bipartisan legislation. As it re- only 20 percent of the students in the COMPETES Act. turns from the Senate, it is not the District. We must make sure that that Now, I know some of you are con- same bill that we sent over. But noth- quality of education is offered to all of cerned about some aspects of the COM- ing is perfect around here, and we are our students. PETES Act as it is before us today. I not headed in the future to be perfect. I want to commend Chairman GOR- share some of those concerns but cer- But we must stand up and make sure DON and Ranking Member, soon-to-be tainly not all of them. But the basic that our responsibilities to our country chairman, Mr. HALL for their hard point here is that, if we do not act, we and to our future will be intact. There- work on the legislation. And I believe are letting down the manufacturers of fore, I will support this legislation and that if nothing else gels us as a com- America. hope that we can improve it at another mittee, looking out for our young peo- I was here for the debate on the rule, time. ple and the future of our Nation will and I noticed a gentleman from Okla- I am eager to serve with Mr. HALL, as become a real goal to achieve because homa commenting against this act, we ranking member on the committee, it represents what is bipartisan; it rep- should not be supporting this sort of and I hope that we can continue to resents a concerted effort to create a thing. That is very easy to say if you look at what this country needs to do more competitive science and engineer- are representing a State where you to educate its young people so that we ing workforce. simply drill holes in the ground and can be in the future. We are losing I support this bill, Mr. Speaker. It is pull out money in the form of oil. ground, and I hope that we will find not perfect. But we have got to move Michigan does not have that. Michigan ways to regain it. I have in mind to try on and look to the future. has to work very, very hard to manu- to bring with the chairman a group of b 1410 facture cars that will sell to the public CEOs, superintendents, teachers to- and get its money, and we all know Mr. HALL of Texas. Mr. Speaker, I gether around the table so we can all what has happened there over the last say to my colleague who will be work- understand what we must do to edu- few years. ing side by side with me for the next 2 I think it’s very important that we cate our young people for the future if years, my neighbor from Dallas and recognize we are not going to compete we want to be anywhere near com- Rockwall County, that I appreciate successfully in the international mar- peting with the rest of the world. her, look forward to working with her. ketplace unless we invest more money I am pleased that this bill reauthor- She was the very first person, when I in research, research which is then ized the Noyce Teacher Scholarship switched parties, to call me and say it used by manufacturers to develop new Program, a program which I helped to didn’t matter one iota to her. I’ve al- products and to make money and pro- shape. This program helps to prepare ways appreciated her for that, and I vide jobs. thousands of qualified new teachers still do and I will. I strongly urge us to pass this bill. I and provides current teachers with aca- And thank you, Dr. EHLERS, a man know it has shortcomings. There are a demic and development courses. Every who’s always educated for us. That’s lot of things I am not happy with ei- bit of our research shows that that’s his thrust, and he’s done a good job. ther. But the Republicans are taking one of our major problems. We have But for him, we’d have gone the wrong over next year, and we can then pro- teachers teaching courses where they way a lot of times. ceed to write the bill precisely the way have never majored. Seventy percent of I now yield 5 minutes to the gen- we want it. But I urge that we do not them, as a matter of fact, in this coun- tleman from Georgia (Mr. BROUN). kill this bill at this time but, rather, try are teaching courses where they Mr. BROUN of Georgia. Mr. Speaker, that we pass it. never majored. I rise today in opposition to the Senate Mr. GORDON of Tennessee. Mr. It is never going to be what we want amendment to H.R. 5116, the American Speaker, let me first congratulate Dr. as long as we have teachers teaching COMPETES Reauthorization Act of EHLERS on a stellar congressional ca- math, science, engineering that have 2010. reer. His contribution to the Science never majored in it in college. We have But before sharing my views on this Committee was enormous, and he will to have teachers who are more pre- COMPETES reauthorization, I want to be missed. And having spent as much pared. And as women and minorities take this opportunity to share my frus- time as I have on the Science Com- continue to be underrepresented in the tration and express the frustration of mittee, you develop affection for the sciences, it is unfortunate that the my constituents. I know that I’m not committee, for the people, for the Senate chose to cut out the Fulfilling alone in the view that working on con- Members, and for the staff. the Potential of Women in Academic sequential pieces of legislation in a So it is with, really, gratitude that I Science and Engineering Act. I have lame duck session, outside of the prop- know that the gentlelady from Texas sponsored that for two sessions. I will er legislative process, is simply wrong.

VerDate Mar 15 2010 07:12 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\CR\FM\K21DE7.066 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 21, 2010 CONGRESSIONAL RECORD — HOUSE H8845 In fact, it could be argued that it’s un- the product of backroom dealings that Mr. WU. Mr. Speaker, I rise in strong constitutional. excluded House Republicans, and it support of this reauthorization bill, The 20th amendment of the Constitu- simply should not pass at this late and I want to just point out to my tion moved the start date of new Con- stage of 111th Congress. friend from Georgia that not every- gresses from March to January to stop I urge opposition to this bill. I urge a thing that one is opposed to is uncon- exactly what we’re doing here today, ‘‘no’’ vote. stitutional. And I share the gentle- passing important legislation in a lame Mr. GORDON of Tennessee. Mr. man’s concern about this lame duck duck session. In 1932, Democratic Rep- Speaker, for the purposes of a unani- session. And if the gentleman wanted resentative Wilburn Cartwright of mous consent request, I yield to a very to propose a constitutional amendment Oklahoma stated, ‘‘This amendment important contributor to this bill, the to move our swearing-in date to the will free Congress of the dead hand of gentleman from California (Mr. MIL- first Tuesday in November, perhaps his the so-called lame duck.’’ Sadly, he LER), chairman of the Education and concerns would be addressed. But pend- could not have been more wrong. Labor Committee. ing that, we have a lot of legitimate The Democrats are using this lame (Mr. GEORGE MILLER of California activity for very, very important legis- duck session to continue pursuing their asked and was given permission to relation. And I can think of no greater rejected agenda. This is no different vise and extend his remarks.) tribute to the outgoing chairman, Mr. than a CEO being fired and continuing Mr. GEORGE MILLER of California. GORDON, and Mr. HALL, who has worked to make major decisions for the com- I thank the chairman for yielding, and with the chairman for a long time on pany that he was just fired from for an- I thank him for all of his work on this this legislation, than the passage of other 2 months. We must stop this end- legislation. this bill. run around the electoral process and Mr. Speaker, I rise today in strong support I’m particularly proud of the con- the U.S. Constitution by prohibiting of the America COMPETES Reauthorization tribution that my subcommittee, the further lame duck legislation. Act. Technology and Innovation Sub- Now, this COMPETES reauthoriza- This legislation makes strategic and smart committee, has made to this legislation is the perfect example of why we investments in students pursuing degrees in tion, because long-term investment in need to end lame duck legislation. It the science, technology, engineering or math innovation is absolutely crucial to our contains reckless spending and mis- fields. Nation’s global competitiveness, and guided policy initiatives. The closed- It continues the Noyce Teacher Scholarship we have a responsibility to support the door process through which it was de- Program, which encourages students studying kind of economic environment that veloped is irresponsible at a time when in STEM fields to earn a teaching credential empowers our Nation’s private sector the Federal deficit has ballooned to $1.5 and enter the classroom. to innovate and create high-wage, pri- trillion, and our national debt will It makes changes to encourage more col- vate-sector jobs. soon eclipse $14 trillion. These unprece- leges and universities to participate in these The bipartisan legislation that we dented figures are not deterring our programs. are considering today will strengthen Democratic colleagues from author- This will ensure we have prepared teachers our Nation’s economic competitiveness izing over $45 billion of spending, $7 bil- in our nation’s science and mathematics class- by helping to create an environment lion of which is new spending in this rooms to educate and inspire the next genera- that encourages innovation and which bill. tion of engineers and entrepreneurs. facilitates growth. Beyond the out-of-control spending, a The COMPETES Act also continues funding As the chairman rightfully pointed clear shift in policy priorities away for the Advanced Placement and International out, innovation accounted for greater from those envisioned in the original Baccalaureate programs—programs that set than 50 percent of U.S. GDP growth COMPETES process now exists in this high standards and give students the ad- from World War II to the year 2000, and bill. vanced skills they need for the workforce of innovation can help America grow our When the National Academy of tomorrow. way out of our current anemic eco- Sciences unveiled the ‘‘Gathering This legislation couldn’t come at a more im- nomic state. Storm’’ report in 2005, it identified portant time. It invests in our future competi- Among other things, the bill makes funding for long-term basic research as tiveness at a time when our global reputation crucial investments in the Manufac- the top priority for science and tech- is not where it should be. turing Extension Partnership, which nology. Today’s reauthorization em- Over just the past few years we have begun will help us better address the needs of phasizes late-stage technology com- to reinvigorate and awaken the American drive our Nation’s small and medium-sized mercialization activities and beyond to to innovate, but we have much further to go. manufacturers. manufacturing and construction activi- Earlier this month, the results of the 2009 The bill will also help ensure that ties, priorities that should not be the Program for International Student Assessment students and trainees will have what is responsibility of the Federal Govern- showed that the United States ranks average, necessary to secure a good-paying job ment. or 17th out of the 33 other industrialized na- in their own community by requiring For example, title VI of this bill cre- tions. MEP centers to work with community ates a loan guarantee program to sta- The difference between the countries at the colleges to train for the skills needed bilize innovative manufacturing, a loan top of these rankings and the U.S. is that the by local manufacturers. guarantee program to subsidize con- countries that are outperforming us have The SPEAKER pro tempore (Mrs. struction and renovation of research made developing the best education system in HALVORSON). The time of the gen- parks, and a vaguely defined regional the world a national goal. tleman has expired. innovation program to support grants They’ve recognized that the strength of their Mr. GORDON of Tennessee. I yield to create innovation clusters as well as economy will be inextricably tied to the the gentleman an additional 30 sec- construct and renovate research parks. strength of their education system in the 21st onds. Finally, I want to note my dis- century. Mr. WU. This is great legislation. appointment associated with the proc- It is time we decide as a nation that we can The chairman has done a great job, and ess on this bill. Many Republican no longer afford to stay just average. I urge passage. amendments that were incorporated in By passing this legislation, we will continue Mr. HALL of Texas. Madam Speaker, the House-passed bill were changed or our efforts to strengthen the STEM fields. We I reserve the balance of my time. deleted without any Member consulta- will improve our global competitiveness and Mr. GORDON of Tennessee. Madam tion. This was the case with an amend- our economic stability. Speaker, I yield 2 minutes to our resi- ment I offered prohibiting any lobbying I urge all my colleagues to support this bill. dent authority on nuclear energy, the effort associated with the activities au- Mr. GORDON of Tennessee. Mr. gentleman from California (Mr. thorized in the bill. Speaker, I yield 2 minutes to the gen- GARAMENDI). This bill spends money that we don’t tleman from Oregon (Mr. WU), the sub- Mr. GARAMENDI. I want to com- have on things we don’t need and, in committee chairman on Technology mend you, Mr. Chairman, for an ex- some cases, on things the government and Innovation, someone who made a traordinary piece of work, and Ranking simply should not be involved in. It is great contribution to this bill. Member HALL and the other members

VerDate Mar 15 2010 05:47 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00059 Fmt 4634 Sfmt 0634 E:\CR\FM\K21DE7.068 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8846 CONGRESSIONAL RECORD — HOUSE December 21, 2010 of the committee. I came to this com- have put in on America COMPETES. tleman from New York (Mr. TONKO), mittee halfway through the year, and I It’s legislation that’s going to usher in who has brought his energy expertise was absolutely amazed and delighted to a new era of scientific and economic to our committee. see the intensity of discussions—35 sep- leadership and prosperity for the coun- Mr. TONKO. I rise today in support of arate hearings. try. the America COMPETES Act, a debate And my colleague from Georgia who In particular, I want to highlight an that has continued for many months, thinks we ought to put this off, I can- amendment I authored that will give and negotiations have followed, and we not imagine leaving a job half done— special consideration to high-needs are finally one step away from this bi- not half done, but 99 percent done, and schools and underrepresented teachers partisan victory. This legislation will then let it go after all the work that’s and minorities when determining create prosperity through science and been put together here. STEM fellowship grants. My col- innovation, reassert our economic and This is a good bill. I don’t ever like leagues, we often come together to dis- technological leadership throughout what the other House does to my legis- cuss the importance of education, lay- the world, and give future generations lation, and I’m sure all of us feel the ing the groundwork for economic pros- greater opportunity to achieve the same way. But what I’d like to point perity. And here, America COMPETES American dream for decades to come. out here in this bill is that there are is an important step forward to laying I have seen firsthand the impact basically five things that this Nation that foundation, to ensuring that op- science and innovation can have on our needs to do if we’re going to succeed portunities provided in this legislation communities. Recently, the Albany, economically: best education, best re- will be available to all of our young New York, area in my district was search, make the things that come people, regardless of race or economic named the third fastest high-tech job from that research, have the infra- circumstance. market in the country. This growth, structure, and then be international. This is a game changer; not a Hail coupled with today’s legislation, is Mary pass but a playoff strategy for vital if the capital region of New York b 1420 the future and for the long term suc- and the rest of our Nation are to con- This is about three of those things, cess of our children. And we need all of tinue on a path toward an innovation three very important things. The edu- these players on the field. So today economy that, quote, ‘‘Makes It In cation, the STEM education is in this let’s put our shared sentiments into ac- America.’’ legislation. Without it, we will never tion, send America COMPETES to the We must also educate the next gen- be able to compete. And we ought not President’s desk so we can continue to eration of mathematicians and sci- wait until next year to get that going. generate economic competitiveness, entists. This bill does that by providing Secondly, with regard to the re- creating high-wage jobs, and educating opportunities for STEM students to search, it is fundamental. I come from and preparing all our young people for participate in hands-on scientific re- California, the great Silicon Valley and the future. search. all of those new technologies come Mr. HALL of Texas. Madam Speaker, Finally, I would like to thank Chair- from the research at the universities in I continue to reserve the balance of my man GORDON for his leadership on this the surrounding area. This legislation time. issue. Without his tireless work and promotes that research agenda across Mr. GORDON of Tennessee. Madam that of the committee staff, along with the Nation, not just in California, but Speaker, I yield 1 minute to another Ranking Member HALL, we would not at every other research institution active member of our committee from be here today. throughout the United States. Michigan (Mr. PETERS), who has been Mr. Chair, you and your leadership And finally, there is a major piece of very active particularly in advanced will be sorely missed, and I wish you this legislation that talks about mak- vehicle technology. all the best. ing it in America. If we are going to Mr. PETERS. Madam Speaker, the Mr. HALL of Texas. Madam Speaker, have a strong middle class, a strong America COMPETES Act supports I continue to reserve the balance of my economy, we must once again make it American manufacturing, innovation, time. in America. This legislation provides and global competitiveness. COM- Mr. GORDON of Tennessee. Madam some fundamental elements necessary PETES recognizes the challenges fac- Speaker, I yield 2 minutes to an alum- for us to do that. For example, the loan ing America’s 21st century manufac- nus of our committee, the gentlelady guarantee that was degraded just a few turers, as well as the importance of a from Texas (Ms. JACKSON LEE). moments ago is exceedingly important healthy manufacturing base. The bill (Ms. JACKSON LEE of Texas asked because that’s the valley of death. How includes new manufacturing loan guar- and was given permission to revise and does an entrepreneur, how does a new antees, improved research and develop- extend her remarks.) business get through the valley of ment, and strengthens the Manufac- Ms. JACKSON LEE of Texas. Madam death? That’s what this is about. turing Extension Partnership program. Speaker, let me personally thank you This legislation also provides a way The bill also places a much-needed em- for your leadership and continued focus in which we can coordinate our manu- phasis on science education, from grade on important issues here in this Con- facturing expertise. With that, we schools to the university level. We need gress. ought to pass this bill and acknowledge a highly educated workforce to create I rise today to celebrate and to thank the enormous amount of work that was the next advanced vehicle technology the chairman of the Science Com- done over the last Congress. or innovative product that will produce mittee, Chairman GORDON, for his Mr. HALL of Texas. I continue to re- more high-quality jobs in America. years of commitment and intensity as serve the balance of my time. COMPETES also supports innovation it relates to the importance of this Mr. GORDON of Tennessee. Madam clusters around the country and cre- work. I also add my appreciation to Speaker, may I inquire as to the ates a focus on innovation within our Chairman-elect HALL, whom I have amount of time that is remaining. Federal programs and agencies. Amer- worked with, as I did Congressman The SPEAKER pro tempore. The gen- ica simply cannot afford to sacrifice its GORDON, for some 12 years on the tleman from Tennessee has 121⁄2 min- innovative edge to growing economies Science Committee. And once on the utes remaining and the gentleman like China and India. The investments Science Committee, one can never from Texas has 13 minutes remaining. made by COMPETES are critical to leave its values and its importance. Mr. GORDON of Tennessee. Madam America’s long-term economic health, As I sat on the Science Committee in Speaker, I yield 1 minute to the gentle- and I hope my colleagues will join me the end of the 20th century, I always lady from Maryland (Ms. EDWARDS), in supporting this bipartisan legisla- said that science was the work of the who has been a very active and articu- tion. 21st century. And although bills are late member of our committee. Mr. HALL of Texas. Madam Speaker, not perfect, and this bill that has come Ms. EDWARDS of Maryland. Thank I continue to reserve the balance of my over from the other body is not, it is you to the chairman for your leader- time. where we need to go. And I would sim- ship and your vision. I rise today in Mr. GORDON of Tennessee. Madam ply remind my colleagues of the his- strong support of the work that you Speaker, I yield 1 minute to the gen- tory of the Model T. When Henry Ford

VerDate Mar 15 2010 05:47 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00060 Fmt 4634 Sfmt 0634 E:\CR\FM\K21DE7.070 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 21, 2010 CONGRESSIONAL RECORD — HOUSE H8847 developed the Model T, that technology this work. And I am delighted that not It is imperative for us to demonstrate our generated into an enormous industry only are we doing that, but we are ex- firm commitment to creating economic pros- in the United States that created new panding the manufacturing loan guar- perity and maintaining the status of the United technology and millions of jobs, I antee program to permit loan guaran- States as a worldwide leader in science and might say. tees to small and medium-sized manu- technology throughout the decades to come, And so here we are today with a facturers. and to give future generations a greater op- great need to reignite, restart our man- I tell you, my colleagues, these com- portunity to achieve the American Dream. ufacturing journey. And I am delighted panies are out here waiting. They want Therefore, I urge my colleagues to join me in that this bill has seen the vision of get- to get going. There is limited oppor- supporting the passage of this important legis- ting elementary, middle school, high tunity for access to credit; and I can lation. school students involved in the tell you, they are excited about this Mr. GORDON of Tennessee. Madam sciences. That’s where our Achilles’ opportunity. Government not involved Speaker, I yield 11⁄2 minutes to our ex- heels are. That’s where the vision in helping a country go forward in ample of the benefits of STEM edu- comes to invent things, to make things manufacturing? Whoever heard of that. cation, the gentleman from New Jersey to develop the next generation of jobs. That is what everybody is doing. It is (Mr. HOLT). And so it establishes an interagency time for us to stand up as well. Mr. HOLT. I thank the chairman. Madam Speaker, for decades, it’s with a STEM education coordination So let me thank you, Chairman GOR- been clear that our investments in sci- committee. It provides an interagency DON, for your service. I know you are entific research and education under- committee for coordination of manu- going on to great things. Thank you for write our national prosperity, yet facturing R&D. allowing me to share some time with we’ve continued to underinvest in And to listen to my colleagues talk you on the Science Committee, and the these economic drivers. The National about subsidies—do they realize that same to Chairman HALL. Again, vote Academy issued a call for action 5 every country around the world is sub- for this. years ago with ‘‘Rising Above the sidizing their manufacturing to make I rise in support of H.R. 5116 to invest in in- Gathering Storm,’’ and Congress re- them more competitive, to have a novation through research and development, sponded by holding a number of na- greater competitive edge? There is to improve the competitiveness of the United tional town meetings arranged by nothing wrong with creating jobs for States, and for other purposes. then-Minority Leader Pelosi and then America. This legislation is crucial to our efforts to passing the America COMPETES Act The SPEAKER pro tempore. The keep America number one by investing in under the chairmanship of Chairman time of the gentlewoman has expired. modernizing our Nation’s manufacturing, spur- GORDON. That legislation is now set to Mr. HALL of Texas. Madam Speaker, ring American innovation through basic Re- expire, and the National Academies has I yield the lady 2 more minutes. search and Development, R&D, and high-risk, issued an update on our progress. It is Ms. JACKSON LEE of Texas. There is high-reward clean energy research, and an ominous warning. It says bluntly: nothing wrong with us subsidizing good strengthening math and science education to ‘‘Our Nation’s outlook has worsened.’’ work, good science, the opportunity for prepare students for the good jobs of the 21st Now, as a Member who has conducted jobs. I don’t know what the structure century. NSF-funded research and who contin- was. Maybe I will go and research what Today, we consider the Senate amendment ually argues that our economic health happened with Henry Ford. I saw in to the America COMPETES Reauthorization depends on investment and research, I those days he put together his family Act, H.R. 5116, which passed the Senate by would have preferred the more robust pennies, he made the Model T, and here unanimous consent on Friday. funding authorization levels passed by we are today. But we live in a different The Senate Amendment: this House earlier this year. However, economy. We live in a changing time of Keeps our Nation on a path to double fund- this legislation does maintain a 10-year the dollar. And we live in a time when ing for basic scientific research, which is cru- doubling path for funding for our basic other countries have no shame in sub- cial to some of our most innovative break- research agencies. sidizing business. throughs; I am especially pleased that the bill Creates jobs with innovative technology loan b 1430 requires the development of a com- guarantees for small and mid-sized manufac- prehensive national competitiveness We were on the floor earlier today turers and Regional Innovation Clusters to ex- and innovation strategy, a provision I where Germany is subsidizing Airbus. pand scientific and economic collaboration; wrote. The nations that are That is their right. But the question is, Promotes high-risk high-reward research to outcompeting us already have national What are we doing to promote manu- pioneer cutting edge discoveries through innovation strategies in place. We facturing? ARPA–E and promotes job creation in clean should too. To guarantee a secure eco- This reauthorizes the National energy; and nomic future for our children and in Science Foundation. It authorizes Creates the next generation of scientists our Nation, we must not fail to provide grants and manufacturing, research and entrepreneurs by improving science, robust funding for the programs in this and education. That is a good thing. It math, technology, and engineering education legislation. authorizes program grants for 21st-cen- at all levels I want to commend Chairman GOR- tury graduate education, as well as au- This bill: DON for writing and taking action on thorizing a program dealing with re- Is a fiscally responsible compromise that re- this legislation. It is another part of a search for undergraduates. That is ex- duces the authorization from 5 to 3 years, re- good legacy of his distinguished career. citing. Innovation is part of what hap- ducing the cost, and repeals the original COM- Madam Speaker, I rise today in support of pens here. Then, of course, it author- PETES programs that have not been funded. the America COMPETES Reauthorization Act izes research experiences for high The Bowles-Simpson deficit commission sin- of 2010 (H.R 5116). Our investments in sci- school students as part of the research gled out basic scientific research as a long- entific research and education underwrite our grants. term gain for the budget, as it is vital to our national prosperity and success. Economists So, overall, I guess my bottom line is Nation’s scientific and economic leadership. attribute over half of the growth in our gross I am ready to go. I am excited about The bill also bans the use of funds to pay the domestic product (GDP) since World War II to the opportunities in the 21st century. I salary of Federal employees convicted of look- progress in science and technology. Yet for want us making things again, whether ing at pornography on Federal property. decades, we have underinvested in our na- it is submarines, whether it is air- The bill is supported by the Chamber of tion’s tools for advancing innovation and com- planes, whether it is new technology Commerce, National Association of Manufac- petitiveness. In 2005, the National Academies for our military personnel, whether or turers, Business Roundtable, TechAmerica, issued a call for action in the Rising Above the not it is a new space shuttle, a CEV. I TechNet, American Association for the Ad- Gathering Storm report. Two years later, fol- want us to make things again. That is vancement of Science, National Venture Cap- lowing a series of national town halls arranged how you put people back to work. That ital Association, Information Technology Indus- by the then Majority Leader PELOSI, Congress is how you keep people’s minds churn- try Council, Association of Public and Land- responded by implementing many of the re- ing: What is the next invention we can grant Universities, and Association of Amer- port’s recommendations in the America COM- get? There is no shame to subsidizing ican Universities. PETES Act.

VerDate Mar 15 2010 07:41 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00061 Fmt 4634 Sfmt 9920 E:\CR\FM\K21DE7.076 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8848 CONGRESSIONAL RECORD — HOUSE December 21, 2010 Yet now we are faced with the impending tiveness in the twenty-first century economy, step in keeping the United States competitive. expiration of the COMPETES Act, and the Na- the U.S. must continue to produce the world’s To guarantee a secure economic future for our tional Academies has released an update on best scientists, and we must ensure that every children and for our nation, we must not fail to our progress since the original Rising Above student is exposed to the fundamentals of provide robust funding for these programs. the Gathering Storm report. It tells us that we science, technology, engineering, and math, Even as we face budgetary challenges and have not done enough. It says bluntly, ‘‘Our STEM. The America COMPETES Reauthor- political pressure, we must ensure that our sci- nation’s outlook has worsened.’’ Other coun- ization Act will establish an interagency com- entists, engineers, innovators, and entre- tries are implementing many of the changes mittee to coordinate federal STEM education preneurs have the tools and resources they suggested five years ago while we continue to programs and report to Congress annually on need to renew our economy and help us truly hold back on the necessary investments to re- implementation of the STEM education stra- rise above the gathering storm. I commend build, restructure, and renew our national inno- tegic plan. Updates to the NSF’s Robert the United States Senate for taking action on vation infrastructure. The reauthorization of the Noyce Scholarship program will allow more this bill, and I urge my colleagues to support America COMPETES Act is essential if we are schools to participate and more qualified this important piece of legislation. to maintain our competitive edge in the global STEM educators to reach high-need schools. Mr. HALL of Texas. Madam Speaker, economy. Undergraduates will have more opportunities I continue to reserve the balance of my Basic research is a powerful source of new to participate in research, and support for time. and unexpected discoveries that can transform graduate students will be strengthened. Mr. GORDON of Tennessee. Madam our economy. While I would have preferred Women and minorities remain underrep- Speaker, I yield 1 minute to our great the more robust funding authorization levels resented in STEM fields, and this legislation majority leader and my great friend, passed by the House earlier this year, this leg- continues programs to help expand the STEM Steny Hoyer. islation maintains a 10-year doubling path for talent pool and increase the diversity of our The SPEAKER pro tempore. The gen- funding at our nation’s basic research agen- nation’s future scientists. tleman from Maryland is recognized. cies—the National Science Foundation (NSF), In the energy field, this legislation reauthor- Mr. HOYER. Thank you very much, the National Institutes of Standards and Tech- izes programs at the Department of Energy’s Speaker Halvorson. I appreciate your presiding over this historic piece of nology (NIST), and the Department of Ener- Office of Science, which is the nation’s largest gy’s Office of Science. These funds support legislation. supporter of physical sciences research. In ad- fundamental research in every discipline, I want to thank my friend BART GOR- dition, the reauthorization of the Advanced Re- maintain our national laboratories, and provide DON. Chairman GORDON has been an ex- search Projects agency for Energy, ARPA–E, vital training for the next generation of sci- traordinary leader of this committee, which is modeled on the successful Defense entists and engineers. The dividends from our an extraordinary member of the En- investments in research and development are Advanced Research Projects Agency, DARPA, ergy and Commerce Committee; and in the breakthroughs that yield new industries, will help us pursue high-risk, high-reward en- both of those venues he has focused on drive job growth, and sustain our future eco- ergy technology develop that might not receive making sure that America could in fact nomic and technological competitiveness. support otherwise. compete and compete successfully and Finally, I am pleased that this legislation in- The America COMPETES Reauthorization be the great Nation it has been, is now, Act includes a number of new programs and corporates two provisions that I offered and and will continue to be as long as we initiatives to foster innovation. The Regional the House passed when it considered a pre- keep investing in that which grows an Innovation Program will help create and ex- vious version of this bill. The first requires the economy—education, science, mathe- pand science parks and Regional Innovation working group responsible for coordinating matics and engineering. Clusters to leverage collaboration between policies related to the dissemination and long- I know that he has worked with some businesses, academic institutions, and other term stewardship of unclassified federally of the great industrial leaders of our participants to facilitate the transfer of tech- funded research to take into consideration the Nation on this legislation. Mr. Augus- nologies from the laboratory to the commercial importance of peer-review and the role of sci- tine comes to mind. We’re very proud sector. The Office of Innovation and Entrepre- entific publishers in the peer-review process. of him in Maryland. neurship at the Department of Commerce will The second requires the Secretary of Com- But I want you to know how proud I accelerate the commercialization of research merce to prepare a comprehensive national am of BART GORDON. He said that I was and development by identifying ways to over- competitiveness and innovation strategy. For one of his close friends. I think BART come existing barriers and providing access to decades, U.S. leadership in science, tech- GORDON is one of my closest friends, relevant data and technical assistance. The nology, engineering, and innovation was un- not just in Congress, but in life. He and legislation authorizes the Partnerships for In- questionable. But we cannot pretend this is a I have been here for a long time to- novation program to help move research out given. In 2009, the Information Technology gether. of the lab and into the marketplace by and Innovation Foundation found that among The good news is the ranking—used strengthening ties between institutions of high- 40 major nations or regions, the U.S. ranks to be Democrat, now Republican— er education and private sector entities. sixth in overall innovation and competitive- RALPH HALL, is also a very close and Additional assistance for manufacturers and ness. More importantly, over the last decade, dear friend of mine whom I have known other businesses would promote the adoption every one of our competitors has improved all of my service here. He and I came of new technologies and improve productivity. their innovation capacity faster than us. Each together in the same class. He is a very The legislation requires NSF to support re- of the five nations ranked by ITIF as ‘‘out-com- good friend of Bob Slagle, who is a good search in transformative advances in manufac- peting’’ the U.S. already has a national com- friend of mine as well, and I want to turing, and it ensures that the Manufacturing petitiveness or innovation strategy in place. All thank him for his service to our coun- Extension Partnership (MEP) program will in- together, at least thirty other countries have try. form regional community colleges of the skill implemented plans to boost their economic The America COMPETES Act ex- sets needed by local manufacturers. A newly competitiveness through innovation and tech- pands support for research and develop- established Innovative Services Initiative will nological development. The United States has ment, helping the United States to re- assist small- and medium-sized manufacturers yet to put forward a similarly comprehensive main the world’s innovation leader. It in implementing energy and waste reduction roadmap for success. Our competitors are creates jobs for the short-term and lays technologies, including renewable energy sys- making plans to grow their economies by com- a foundation for long-term prosperity. tems. A loan guarantee program will allow peting in the global marketplace. We should That is its key, of course. And it is an manufacturers to access capital for the instal- be too. important part of the Make It In Amer- lation of innovative technologies and proc- The America COMPETES Reauthorization ica agenda, a series of important bills esses that will help increase their efficiency Act makes long overdue investments in the designed to help America regain its and maintain their competitiveness. A new foundations of our national innovation system. manufacturing strength. interagency committee under the National It will create jobs in both the short- and long- Let me say just a word about Make It Science and Technology Council will establish term, support manufacturers and businesses In America. We heard a lot about made goals and coordinate federal programs in ad- in commercializing new technologies, help us in America, things that were made yes- vanced manufacturing research and develop- pursue a clean energy economy, improve terday in America, things that we did ment. STEM education, and strengthen our inter- in the past. Make It In America is To preserve our leadership in scientific and national competitiveness. Yet authorizing the about what we are going to do in the technical fields and strengthen our competi- programs in this legislation is only the first future.

VerDate Mar 15 2010 05:52 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00062 Fmt 4634 Sfmt 0634 E:\CR\FM\A21DE7.037 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 21, 2010 CONGRESSIONAL RECORD — HOUSE H8849 Make It In America is a non-ideolog- crease productivity, and keep pace main the most innovative and on the ical, non-party, nonpartisan premise; with overseas competition. cutting edge of scientific, medical, and that premise is shared widely by Further, the COMPETES Act makes technological, and manufacturing dis- the American public: that if we are important investments in science, coveries and breakthroughs or whether going to be successful in the future and technology, engineering and math, as I we will continue our slide in second- continue to grow our economy, it is said earlier, because helping our chil- rate status compared to other nations going to be in part because we make it dren excel in these fields is absolutely in the investments that we are seeing in America; we make things in Amer- crucial to our economic competitive- taking place overseas. ica, we manufacture things in America, ness. It builds on seminal studies by the we grow it in America, and we sell it b 1440 National Academy of Sciences’ ‘‘Rising abroad. Our products, whether they be Above the Gathering Storm,’’ and even hard products or soft products, we sell Finally, the bill strengthens the cru- before that, the John Glenn Commis- them throughout the world. cial national Science Foundation, sion, ‘‘Before it’s Too Late,’’ warning America is the innovative center of which funds cutting-edge research in us of the peril of losing our innovation the world, one of the enterprising na- fields from computer science and math- and competitiveness if we continue to tions of the world. We invent things, ematics to genomics. That’s our future. underinvest in those crucial STEM innovate and bring to scale. Strike America does it well. Let’s do it here. studies of science, technology, engi- that. We don’t bring them to scale Let’s make sure that we’re investing so neering, and math, or the investments often enough. that that will be the future as well as we have to make in basic and applied Andy Grove, who was one of the co- the present. research, which we accomplish in this founders of Intel, wrote an excellent Federal support for research and in- bill through the National Science article in the New Yorker. I tell my novation is one of the best investments Foundation; National Institute of friends on the Republican side and on we can make. Federal support helped Science and Technology; the ARPA–E the Democratic side, this is an issue create GPS, the computer mouse, com- program at the Department of Energy; that can bring us together to make puter-aided design, and the Internet; new programs now at NOAA and NASA; America better, to grow America, to and there’s no telling the ways in and now directing the Department of provide the kinds of jobs that Ameri- which it might shape our lives in the Commerce to come up after 1 year with cans need. years to come. But, surely, there is no an actionable plan of how all this Make It In America not only means doubt that shape it, it will. And that’s comes together. manufacturing in America, but that we why we must invest. I urge my col- The SPEAKER pro tempore. The make it, that we succeed, that people leagues to boost American innovation time of the gentleman has expired. believe and have the confidence that by supporting this bill. Mr. HALL of Texas. I yield the gen- there will be an American economy I end again as I started, by congratu- tleman 2 minutes. which will provide them with jobs and lating BART GORDON, my good friend, Mr. KIND. I thank my colleague for they will be able to provide for them- an individual who’s given so much to yielding me the time. selves and their families. This is a sig- his country for so long, an individual It really speaks to the question many nificant step in making sure that that makes us proud to be his col- Americans have on their minds as we America makes it in America. league and who has given added luster continue our slow emergence of the One of the things that Andy Grove to service in this House by his own worse economic recession since the said in his article in the New Yorker service. Great Depression, and that is where are was that the problem we have is inno- Mr. HALL of Texas. Madam Speaker, we going as a Nation economically and vation, invention, enterprise exists I continue to reserve the balance of my how are we going to get there. America here more than any other place in the time. COMPETES Act is a part of that equa- world; but what we are doing is we are Mr. GORDON of Tennessee. Madam tion of not only spurring the innova- inventing, innovating and enterprising, Speaker, we sometimes throw the term tion that we need in this country, but and then we are taking it overseas to ‘‘friend’’ around here a lot. I do thank helping to make sure that we make take it to scale, to manufacture it. very much the majority leader for his those products in this country, along The Kindle, I bought a Kindle for my friendship. with the good-paying jobs that come grandson last Christmas, about $185. I yield 11⁄2 minutes to the cochair of from it. About 40 to 45 of those dollars are U.S. the New Dems, who are our leaders in Will this be the end of the innovation The rest is overseas. Andy Grove’s innovation policy, the gentleman from agenda? I think not. But it’s an impor- premise is if we do that, what is essen- Wisconsin, Mr. RON KIND. tant step forward—one that received tially going to happen over the years is (Mr. KIND asked and was given per- huge bipartisan support in the previous the innovators and the ‘‘enterprisers’’ mission to revise and extend his re- Congress with 357 of our colleagues and the inventors are going to follow marks.) supporting the original authorization where we’re making it, whether it’s in Mr. KIND. Madam Speaker, as one of of America COMPETES. China or any other place. America, we the co-chairs of the New Democratic I commend former President Bush cannot let that happen. This bill is a Coalition, I rise in strong support of and current President Obama for recog- critical step in ensuring America’s the reauthorization of the America nizing the need for this type of legisla- prosperity and job creating capacity in COMPETES Act and commend the tion and all of the members on the the long term. chairman of the Science Committee, Science and Education Committee that BART GORDON, congratulations to our good friend and colleague, Mr. GOR- had a tremendous say in the product you. You will leave here in a few days. DON, for his tenacious focus on making that’s before us today. It’s worthy of You will not be a Member of the Con- sure that America COMPETES gets re- our support; but, more importantly, gress of the United States. You will authorized in this session of Congress it’s worthy of a great Nation and a never leave here in the sense you will and working with the Senate in the great economy that we can build upon. always be in our hearts, and you are waning days of this session to get it I encourage my colleagues to support going to be on this floor, and we’re done. And we’re sorely going to miss the America COMPETES reauthoriza- going to see you regularly. But you his leadership on this subject, as well tion and the work that we have before will leave an extraordinary legacy for as the leadership of our colleague from us. your country for decades and a century the State of Michigan (Mr. EHLERS), Mr. GORDON of Tennessee. Madam to come in this bill. who has given tremendous guidance on Speaker, may I inquire how much time The bill establishes innovative tech- what it means for the United States to I have remaining. nology and Federal loan guarantees for remain the most innovative and cre- The SPEAKER pro tempore. The gen- small and medium-sized manufactur- ative Nation in the world. tleman from Tennessee has 31⁄2 minutes ers. Make It In America. Those loans And that’s what America COM- remaining. will help American businesses respond PETES is all about. It’s answering the Mr. GORDON of Tennessee. Madam to the needs of a changing economy, in- question of whether or not we will re- Speaker, on many occasions I have

VerDate Mar 15 2010 05:52 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00063 Fmt 4634 Sfmt 0634 E:\CR\FM\K21DE7.074 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8850 CONGRESSIONAL RECORD — HOUSE December 21, 2010 heard speaker NANCY PELOSI talk about technology at the top of our agenda. with overwhelming bipartisan support. the future of our Nation. And when she And to the distinguished ranking mem- I think the majority of Republicans talks about the future of our Nation, ber, one of the beauties of this agenda, voted for the bill the first time it was she says there’s three things we need to this innovation agenda, is there’s real- put forth, and now we are reauthor- do: science, science, science. She be- ly nothing partisan about it. It isn’t izing it. lieves it. She has led us in that direc- ideological. It’s scientific. It is about What we are doing today is about tion. keeping America number one and using echoing President Kennedy’s call once I yield 1 minute to the Speaker of the the best resources technologically in more to fulfill the vows of our Nation, House of Representatives, NANCY our country to have us be competitive to make the effort to strengthen Amer- PELOSI. in the world economy. ica’s future, to be first. In voting ‘‘aye’’ Ms. PELOSI. Madam Speaker, I In acting to update and extend the today, we can come together for inno- thank the gentleman for yielding and COMPETES Act, we will spur innova- vation, for competitiveness, and for our for his kind words. More especially, I tion, invest in cutting-edge research, prosperity. I urge all of my colleagues thank him for his great leadership. modernize manufacturing, and increase to support the reauthorization of the Few people who have served in this opportunity. You know the provisions. America COMPETES Act. Congress and outside the Congress have Others have spoken to them. The gen- As I close, I once again want to sa- done more to promote that ‘‘science, tleman from Wisconsin (Mr. KIND) has lute Chairman BART GORDON for his science, science’’ agenda than BART talked about the importance of the tremendous, tremendous leadership. He GORDON. STEM—education, science, technology, has a wealth of knowledge, a depth of Sadly, for Mr. GORDON, this will be engineering and math—and how impor- understanding, a boundless commit- the last bill that he will bring to the tant that is not only to the fulfillment ment to the future. floor. I want to take the occasion to of our students but to competitiveness Thank you, Mr. Chairman. thank him for his tremendous leader- internationally and the success of our Mr. HALL of Texas. Madam Speaker, ship as chair of the Science and Tech- economy. I continue to reserve the balance of my nology Committee and for being a lead- With this bill, we will lay the founda- time. er on these issues. When the report tion for new industries that provide Mr. GORDON of Tennessee. Madam came out about the gathering storm, good jobs for our workers; that open Speaker, I yield 11⁄2 minutes to the gen- he was the first to say we need to not new markets for our American prod- tleman from Texas (Mr. HINOJOSA). only respond to it, but he had already ucts; that offer more students, more Mr. HINOJOSA. Madam Speaker, I taken initiatives, recognizing what young people, and entrepreneurs a bet- rise today to urge my colleagues to would be in that report, seeing what ter chance to live out the American support the Senate amendment to H.R. was happening to science, technology, Dream. 5116, the America COMPETES Act. engineering, math, and all the rest of it b 1450 Chairman BART GORDON and Con- in our country. His departure from the Simply put, we will continue to ‘‘rise gressman RALPH HALL, I commend you Congress is a loss for us, but I know he above the gathering storm’’ and keep for bringing this legislation to the takes with him this passion that he has America number one. floor. for science. It is something that has The COMPETES Act is a central More than ever, our Nation must in- served our country well in the Con- component of our innovation agenda, vest in the scientific and technological gress, and I know he will continue to rolled out by Democrats 5 years ago to building blocks that bolster American do so outside the Congress. ensure our Nation’s economic competi- competitiveness in a 21st century glob- So, Mr. GORDON, thank you for your tiveness around the globe and double al economy. The America COMPETES tremendous leadership. I know I speak basic research funding. Reauthorization Act of 2010 achieves for everyone here when I say it is an Yes, as has been mentioned, the this and more by fostering innovation, honor to call you colleague, and that COMPETES Act was signed by Presi- supporting manufacturers and indus- today would be a day, toward the end dent Bush and now will be signed by try, preparing a STEM workforce, and of the session, that we would be taking President Obama; but I wish to ac- creating jobs. This bill takes bold steps up your bill—this is your bill, Mr. knowledge that it was only when we in broadening the participation of Chairman. got into the Recovery Act that we were underrepresented minorities and On these occasions I am reminded, able to get the substantial funding to women in the STEM fields. Madam Speaker, that nearly 50 years move forward with these initiatives. I want to recognize Representatives ago, in launching the initiative to send We had a little downpayment before EDDIE BERNICE JOHNSON, BEN RAY a man to the Moon and back safely that, but we got serious about our com- LUJA´ N, SILVESTRE REYES, the Diversity within 10 years, President Kennedy mitment in the Recovery Act. and Innovation Caucus, and other summed up America’s common com- As part of that effort, again, we members of the Tri-Caucus for their mitment to innovation and competi- passed the Recovery Act, investing $17 outstanding leadership in championing tiveness when he said, ‘‘The vows of billion for basic research and $19 bil- diversity issues in the reauthorization this Nation can be fulfilled only if we lion to promote the adoption of health of this act. are first, and therefore we intend to be IT. We dedicated $11 billion to improve As Subcommittee chairman for High- first. Our leadership in science and in our smart grid capabilities and pro- er Education, Lifelong Learning, and industry, our hopes for peace and secu- vided more than $7 billion to expand Competitiveness, I am pleased that rity, our obligations to ourselves, as broadband access nationwide. It is very America COMPETES will more fully well as others, all require us to make important for us to do so in rural integrate our Nation’s minority-serv- this effort.’’ areas. Through a series of actions, the ing institutions into research partner- Since then, Americans have lived up Democrat-led Congress has extended ships and Federal programs and pro- to those words. Science and techno- broadband to rural and underserved mote the inclusion and success of mi- logical innovation have formed the areas, invested in clean energy jobs and norities in the STEM fields. Estab- backbone of our progress as a people energy independence, and helped spur lishing strong regional university and and our prosperity as a Nation. And the development of new technologies. industry partnerships in research and today we have the opportunity to play The America COMPETES Act builds innovation at the National Science one more part in that same tradition on that record of achievement. This Foundation will spur economic growth to support the COMPETES Act, to re- bill is about good-paying jobs for and connect students to high-tech jobs. affirm our leadership in science and American workers, strong American The SPEAKER pro tempore. The technology, to keep America first. leadership in the global economy, an time of the gentleman has expired. Again, few have done more for this investment in America’s students, and Mr. HALL of Texas. Madam Speaker, Congress than Chairman BART GORDON, long-term prosperity for America’s I yield 2 minutes to the gentleman who recognized the urgency of this families and businesses. from Texas. challenge early on and has never As I have said, as was mentioned by Mr. HINOJOSA. This bill will expand stopped fighting to keep science and Mr. KIND, this bill passed the first time undergraduate research opportunities

VerDate Mar 15 2010 07:12 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00064 Fmt 4634 Sfmt 0634 E:\CR\FM\K21DE7.081 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 21, 2010 CONGRESSIONAL RECORD — HOUSE H8851 for women, minorities, and persons PETES helps us to make it in America again. sistance that increases technological capabili- with disabilities at the National Improvements in R&D will grow America’s ties, institutes green or lean manufacturing Science Foundation. Hands-on learning economy and increase our ability to export our techniques, and promotes increased sales. experiences are key to improving the products around the world. Madam Speaker, I believe strongly that it is recruitment and retention of underrep- I express strong support for the COM- our moral duty to prepare our children and resented students in the STEM fields PETES Reauthorization Act of 2010, H.R. grandchildren with the education and training and in preparing a new generation of 5116. necessary to be successful in a highly com- scientists who will contribute to our Mr. DINGELL. Madam Speaker, as a co- petitive, and increasingly globalized market- Nation’s technological innovation and sponsor of the America COMPETES Reau- place. By allowing our education system to fall competitiveness. thorization Act, I rise today in strong support behind our peers, we have slipped in this duty. This bill complements our work on of this legislation, and I commend the United The America COMPETES legislation will once the Student Aid and Fiscal Responsi- States Senate for passing this legislation be- again put us on the path towards a strength- bility Act, known as SAFRA, enacted fore the end of 111th Congress. Today’s con- ened education system, and a talented and as part of the Health Care and Edu- sideration shows Congress’s commitment to competitive workforce that will continue the cation Reconciliation Act of 2010, and ensuring our children and grandchildren re- high-risk, high-reward research, innovations our efforts to improve science and ceive the education they need to compete in and technology development that this country math literacy in our Nation’s public a global marketplace in the 21st Century. is renowned for. The America COMPETES schools. While our country and our children have not Reauthorization Act will allow the United I strongly urge my colleagues to sup- lost the spirit of innovation and creativity, we States to truly compete with our neighbors port the Senate amendment to H.R. have in recent years watched as our country abroad, which is why I urge my colleagues to 5116. has fallen woefully behind in educating our vote ‘‘yes’’. Again, I compliment our chairman, children. Passage of the America COMPETES Mr. COSTELLO. Madam Speaker, I rise BART GORDON, for his tremendous lead- Reauthorization Act will help to reverse this today in support of H.R. 5116, the America ership. trend by making the strong investments nec- COMPETES Reauthorization Act of 2010. Mr. HALL of Texas. I yield myself essary in research, education and manufac- I commend Chairman GORDON for his lead- the balance of my time. turing. ership in developing this important legislation, Madam Speaker, I reiterate that I re- This bipartisan legislation reauthorizes our passing it through the House, and working main committed to the underlying basic research programs, making needed in- with our colleagues in the Senate to move the goals of the America COMPETES Act, creased investments in the National Science measure forward. and believe that we ought to continue Foundation, the Department of Energy Office In 2005, the National Academy of Sciences to prioritize investments in basic of Science, and the National Institute of Stand- (NAS) released its landmark report, Rising science, technology, engineering, and ards and Technology and laying the ground- Above the Gathering Storm, which rec- mathematics—STEM research and de- work for doubling the authorized funding levels ommended Congress and the administration velopment. for these programs. Funding through these more heavily invest in science education, re- These long-term investments, cou- programs has been critical to hundreds of the search, and technology to preserve the U.S. pled with policies that reduce tax bur- faculty, staff, scientists and investigators in my role as the world leader in innovation. dens, streamline Federal regulations, district who rely on opportunities from these In response to this report, Congress passed and balance the Federal budget are agencies to support their research. America the America COMPETES Act with bipartisan necessary steps for our Nation to re- COMPETES also reauthorizes the Advanced support in 2007. main competitive in the global mar- Research Projects Agency for Energy, which In the three years since COMPETES was ketplace. I hope my colleagues will has made great efforts at developing the en- signed into law, we have made great strides in join with me in seeking to do just that ergy technology of the future. innovation, education, and technology. when the 112th Congress convenes. The America COMPETES Reauthorization However, a 2010 follow-up report, Rising In the meantime, I thank everybody Act investment in research cannot be fulfilled Above the Gathering Storm, Revisited, clearly involved; but for the reasons I have without a renewed focus in our education sys- indicates the U.S. remains at risk of falling be- previously outlined, I must regretfully tem on STEM education. H.R. 5116 will co- hind in developing and patenting new tech- oppose this amendment. ordinate STEM education across the federal nology; publishing cutting edge research; train- I yield back the balance of my time. government to increase and bolster effective ing the next generation of scientists and engi- Mr. GORDON of Tennessee. Madam programs, increase graduate fellowships at neers; and maintaining the most competitive Speaker, in closing, let me just once NSF and DOE, support research and intern- workforce in the world. again thank the members and staff on ship opportunities for high school and under- H.R. 5116 builds upon the accomplishments a bicameral, bipartisan basis who have graduate students in STEM fields, and encour- of the 2007 America COMPETES in a fiscally done so much to bring this excellent age students to enter into the education sys- responsible manner. piece of legislation to the floor. tem as teachers to continue to build the next The bill reauthorizes ongoing federal re- I doubt there has ever been a piece of generation of scientists, educators, and research and development programs for three legislation that has had as much out- searchers. years at a lower authorization level than what ward support for the business commu- And of particular importance to my district, the House passed in May, creates opportuni- nity, the academic community, the sci- the America COMPETES legislation will pro- ties for innovation in the private sector through entific community. It is a good bill. It vide critically needed help to our small- and programs like ARPA–E, and trains the most is going to help move our country for- medium-sized manufacturers who have been innovative, competitive workforce in the world. ward. hard hit by the financial downturn. In order to In addition, I am pleased the bill contains Mr. GARAMENDI. Madam Speaker, I spoke improve competitiveness and access to cap- important investments in two STEM education on the House floor in strong support of the ital, America COMPETES will create a new programs. COMPETES Reauthorization. I wish to rein- program that will provide Innovative Tech- First, the bill invests in community colleges force these comments. America is in a Global nology Federal Loan Guarantees for these and other two-year institutions of higher edu- Race to innovate. COMPETES propels us for- manufacturers. To help manufacturers mod- cation by building connections between com- ward, helping us win this race through smart ernize and green their manufacturing prac- munity colleges and Manufacturing Extension investments. Improvements in science, tech- tices, this legislation directs NIST to develop Partnerships, other institutions of higher edu- nology, engineering, and mathematics edu- sustainability metrics and practices for manu- cation, research institutions, and regional inno- cation will result in an educated workforce, facturers. To ensure manufacturers have a vation hubs. These investments will ensure who will develop the technology of the future. well-trained workforce, this legislation directs that students have the job training necessary A strengthening of our research capacity is in- NSF to award competitive grants to strengthen to secure good-paying jobs in their commu- herently valuable and will pay huge dividends and expand scientific and technical education nities and manufacturers have a workforce when this knowledge is leveraged towards and training in advanced manufacturing prac- with the right skill set to promote innovation. technological development. COMPETES helps tices. To continue the success of the Manufac- Second, the bill ensures the U.S. Depart- turn these lab bench discoveries into products turing Extension Partnership program centers, ment of Energy (DOE) STEM education pro- that we can buy and sell on the market. By this legislation will also reduce the cost share grams mirror the important research being strengthening American manufacturing, COM- contribution, ensuring access to invaluable as- conducted by the agency on carbon capture

VerDate Mar 15 2010 05:52 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00065 Fmt 4634 Sfmt 9920 E:\CR\FM\K21DE7.083 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8852 CONGRESSIONAL RECORD — HOUSE December 21, 2010 and sequestration (CCS) technology, the fu- Again, I congratulate the Science and Tech- mittee on Vital and Health Statistics ture of coal-powered energy; which is the na- nology Committee and Chairman GORDON for for a term of 4 years: tion’s most abundant and affordable energy their work on this bill. I urge my colleagues to Dr. Vickie M. Mays, Los Angeles, source and a vital part of Illinois’ economy. In- support this important legislation to ensure California. cluding CCS in DOE’s STEM education pro- that our nation leads the world in innovation f gramming will ensure that we continue to ex- and science and technology. pand deployment of this important technology Mr. VAN HOLLEN. Madam Speaker, I rise APPOINTMENTS—COMMISSION ON and train a new generation of CCS scientists. to support the America COMPETES Reauthor- KEY NATIONAL INDICATORS I urge my colleagues to support the Senate ization Act. The SPEAKER pro tempore. Pursu- Amendment to H.R. 5116. As the United States faces increasing com- ant to section 5605 of the Patient Pro- Mr. HONDA. Madam Speaker, I regret that petition in the global economy, we will only tection and Affordable Care Act (P.L. illness prevents me from casting my vote in maintain our advantage by fostering our ability 111–148), and the order of the House of favor of H.R. 5116 today, but I would like to to innovate. America COMPETES makes the January 6, 2009, the Chair announces express my strong support for H.R 5116, investments necessary to ensure that we re- the Speaker’s appointment of the fol- America COMPETES Reauthorization Act of main at the cutting edge of research and de- lowing members to the Commission on 2010, for the record. velopment. Key National Indicators: I commend Chairman BART GORDON and The America COMPETES Reauthorization Dr. Stephen Heintz, New York, New the other members of the Science and Tech- Act is a comprehensive approach to invest in York, nology Committee, on which I am proud to education, research, and small business to and in addition, have once served, for the hard work and grow America’s innovation economy. By pro- Dr. Marta Tienda, Princeton, New thoughtful consideration that went into this bill. viding resources for basic research, facilitating Jersey. The America COMPETES Act of 2007 sig- the use of new technologies by American f nificantly bolstered American innovation, the manufacturers, and training a new generation most fundamental hope for sustainable eco- of science, technology, math, and engineering b 1500 nomic growth and competitiveness in the (STEM) workers, we can create good, sustain- PERMISSION TO POSTPONE FUR- United States and a critical driver of the econ- able jobs at home and ensure that the United omy in my Silicon Valley district. It helped THER PROCEEDINGS ON CERTAIN States remains competitive. MEASURES drive new research and its commercialization, The America COMPETES Reauthorization encouraged the creation of a more dynamic Act creates a path to double basic research Mr. CUELLAR. Madam Speaker, I business environment, and made improve- funding at NSF, NIST, and DOE’s Office of ask unanimous consent that the ments to science, technology, engineering and Science over the next ten years. It supports Speaker may postpone further pro- math (STEM) education that are important for important programs to expand American en- ceedings on the following measures as our nation’s long term economic health. ergy technology and fosters regional innova- though under clause 8(a)(1)(A) of rule It is critical that we sustain proper support tion clusters and research parks for economic XX: motion to concur in Senate for scientific research and STEM education, or development across the country. And it coordi- amendment to H.R. 2142, and motion to our ability to compete in the global economy nates STEM education activities across the concur in Senate amendments to H.R. will be put in jeopardy. As the Business Federal Government so we can focus re- 2751. Roundtable noted in its Roadmap for Growth, sources on our most effective programs. The SPEAKER pro tempore. Is there a new report released last week, investing in Madam Speaker, every dollar that we invest objection to the request of the gen- scientific research and math and science edu- in science and technology pays dividends in tleman from Texas? cation will create sustained, long-term eco- economic growth and ensures that the United There was no objection. nomic competiveness and growth. That is why States remains at the forefront of discovery. I f I am proud to support H.R. 5116, which au- thank Chairman GORDON for his work on this thorizes those much needed investments. issue and urge my colleagues to vote to pass GPRA MODERNIZATION ACT OF Although the Senate’s amendment to H.R. this bill. 2010 5116 is a significantly trimmed down version Mr. GORDON of Tennessee. I yield Mr. CUELLAR. Madam Speaker, pur- of the House bill, it maintains the key prin- back the balance of my time. suant to House Resolution 1781, I call ciples of investment and innovation, ensuring The SPEAKER pro tempore. All time up the bill (H.R. 2142) to require the re- America remains competitive in the 21st cen- for debate has expired. view of Government programs at least tury global economy. Pursuant to House Resolution 1781, once every 5 years for purposes of as- I am pleased that the bill includes provisions the previous question is ordered. sessing their performance and improv- to ensure coordination of federal STEM edu- Pursuant to clause 1(c) of rule XIX, ing their operations, and to establish cation activities by elevating an existing com- further proceedings on this motion will the Performance Improvement Council, mittee under the National Science and Tech- be postponed. with the Senate amendment thereto, nology (NSTC). Providing this coordinating f and I have a motion at the desk. mechanism for the federal STEM education The Clerk read the title of the bill. programs is long overdue. FURTHER MESSAGE FROM THE The SPEAKER pro tempore. The According to the Academic Competitiveness SENATE Clerk will designate the Senate amend- Council’s (ACC) report, in 2006 the U.S. spon- A further message from the Senate ment. sored 105 STEM education programs at more by Ms. Curtis, one of its clerks, an- The text of the Senate amendment is than a dozen different federal agencies. These nounced that the Senate has passed a as follows: programs devoted approximately $3.12 billion bill of the following title in which the Senate amendment: to STEM education activities spanning pre- concurrence of the House is requested. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. kindergarten through postgraduate education S. 3481. An act to amend the Federal Water (a) SHORT TITLE.—This Act may be cited as and outreach. The report notes that many of Pollution Control Act to clarify Federal re- the ‘‘GPRA Modernization Act of 2010’’. these agencies do not share information or sponsibility for stormwater pollution. (b) TABLE OF CONTENTS.—The table of con- work collaboratively on similar programs, dem- f tents for this Act is as follows: onstrating a need for better coordination. APPOINTMENT—NATIONAL COM- Sec. 1. Short title; table of contents. The STEM education coordination provi- Sec. 2. Strategic planning amendments. sions of this bill are similar to those included MITTEE ON VITAL AND HEALTH Sec. 3. Performance planning amendments. in my own bill, the Enhancing Science, Tech- STATISTICS Sec. 4. Performance reporting amendments. nology, Engineering, and Mathematics Edu- The SPEAKER pro tempore (Ms. Sec. 5. Federal Government and agency priority cation (E–STEM) Act, H.R. 2710. Both bills BALDWIN). Pursuant to section 306(k) of goals. the Public Health Service Act (42 Sec. 6. Quarterly priority progress reviews and seek to ensure that the various agencies in- use of performance information. volved in STEM education efforts are aware of U.S.C. 242k), and the order of the House Sec. 7. Transparency of Federal Government what is being done and what has already of January 6, 2009, the Chair announces programs, priority goals, and re- been done elsewhere so agencies can strate- the Speaker’s appointment of the fol- sults. gically invest in programs and activities. lowing member to the National Com- Sec. 8. Agency Chief Operating Officers.

VerDate Mar 15 2010 07:12 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00066 Fmt 4634 Sfmt 6343 E:\CR\FM\A21DE7.041 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 21, 2010 CONGRESSIONAL RECORD — HOUSE H8853 Sec. 9. Agency Performance Improvement Offi- mental functions. The drafting of strategic goals as required by section 1120(b) of this title, cers and the Performance Im- plans under this section shall be performed only if applicable; provement Council. by Federal employees. ‘‘(5) provide a description of how the perform- Sec. 10. Format of performance plans and re- ‘‘(f) For purposes of this section the term ance goals are to be achieved, including— ports. ‘agency’ means an Executive agency defined ‘‘(A) the operation processes, training, skills Sec. 11. Reducing duplicative and outdated under section 105, but does not include the Cen- and technology, and the human, capital, infor- agency reporting. tral Intelligence Agency, the Government Ac- mation, and other resources and strategies re- Sec. 12. Performance management skills and countability Office, the United States Postal quired to meet those performance goals; competencies. Service, and the Postal Regulatory Commis- ‘‘(B) clearly defined milestones; Sec. 13. Technical and conforming amendments. sion.’’. ‘‘(C) an identification of the organizations, program activities, regulations, policies, and Sec. 14. Implementation of this Act. SEC. 3. PERFORMANCE PLANNING AMENDMENTS. other activities that contribute to each perform- Sec. 15. Congressional oversight and legislation. Chapter 11 of title 31, United States Code, is ance goal, both within and external to the agen- SEC. 2. STRATEGIC PLANNING AMENDMENTS. amended by striking section 1115 and inserting cy; Chapter 3 of title 5, United States Code, is the following: ‘‘(D) a description of how the agency is work- amended by striking section 306 and inserting ‘‘§ 1115. Federal Government and agency per- ing with other agencies to achieve its perform- the following: formance plans ance goals as well as relevant Federal Govern- ‘‘§ 306. Agency strategic plans ‘‘(a) FEDERAL GOVERNMENT PERFORMANCE ment performance goals; and ‘‘(a) Not later than the first Monday in Feb- PLANS.—In carrying out the provisions of sec- ‘‘(E) an identification of the agency officials ruary of any year following the year in which tion 1105(a)(28), the Director of the Office of responsible for the achievement of each perform- the term of the President commences under sec- Management and Budget shall coordinate with ance goal, who shall be known as goal leaders; tion 101 of title 3, the head of each agency shall agencies to develop the Federal Government per- ‘‘(6) establish a balanced set of performance make available on the public website of the formance plan. In addition to the submission of indicators to be used in measuring or assessing agency a strategic plan and notify the President such plan with each budget of the United States progress toward each performance goal, includ- and Congress of its availability. Such plan shall Government, the Director of the Office of Man- ing, as appropriate, customer service, efficiency, contain— agement and Budget shall ensure that all infor- output, and outcome indicators; ‘‘(1) a comprehensive mission statement cov- mation required by this subsection is concur- ‘‘(7) provide a basis for comparing actual pro- ering the major functions and operations of the rently made available on the website provided gram results with the established performance agency; under section 1122 and updated periodically, but goals; ‘‘(2) general goals and objectives, including no less than annually. The Federal Government ‘‘(8) a description of how the agency will en- outcome-oriented goals, for the major functions performance plan shall— sure the accuracy and reliability of the data and operations of the agency; ‘‘(1) establish Federal Government perform- used to measure progress towards its perform- ‘‘(3) a description of how any goals and objec- ance goals to define the level of performance to ance goals, including an identification of— ‘‘(A) the means to be used to verify and vali- tives contribute to the Federal Government pri- be achieved during the year in which the plan is submitted and the next fiscal year for each of date measured values; ority goals required by section 1120(a) of title 31; ‘‘(B) the sources for the data; the Federal Government priority goals required ‘‘(4) a description of how the goals and objec- ‘‘(C) the level of accuracy required for the in- under section 1120(a) of this title; tives are to be achieved, including— tended use of the data; ‘‘(A) a description of the operational proc- ‘‘(2) identify the agencies, organizations, pro- ‘‘(D) any limitations to the data at the re- esses, skills and technology, and the human, gram activities, regulations, tax expenditures, quired level of accuracy; and capital, information, and other resources re- policies, and other activities contributing to ‘‘(E) how the agency will compensate for such quired to achieve those goals and objectives; and each Federal Government performance goal dur- limitations if needed to reach the required level ‘‘(B) a description of how the agency is working the current fiscal year; of accuracy; ing with other agencies to achieve its goals and ‘‘(3) for each Federal Government perform- ‘‘(9) describe major management challenges objectives as well as relevant Federal Govern- ance goal, identify a lead Government official the agency faces and identify— ment priority goals; who shall be responsible for coordinating the ef- ‘‘(A) planned actions to address such chal- ‘‘(5) a description of how the goals and objec- forts to achieve the goal; lenges; tives incorporate views and suggestions obtained ‘‘(4) establish common Federal Government ‘‘(B) performance goals, performance indica- through congressional consultations required performance indicators with quarterly targets to tors, and milestones to measure progress toward under subsection (d); be used in measuring or assessing— resolving such challenges; and ‘‘(6) a description of how the performance ‘‘(A) overall progress toward each Federal ‘‘(C) the agency official responsible for resolv- goals provided in the plan required by section Government performance goal; and ing such challenges; and 1115(a) of title 31, including the agency priority ‘‘(B) the individual contribution of each agen- ‘‘(10) identify low-priority program activities goals required by section 1120(b) of title 31, if cy, organization, program activity, regulation, based on an analysis of their contribution to the applicable, contribute to the general goals and tax expenditure, policy, and other activity iden- mission and goals of the agency and include an objectives in the strategic plan; tified under paragraph (2); evidence-based justification for designating a ‘‘(5) establish clearly defined quarterly mile- ‘‘(7) an identification of those key factors ex- program activity as low priority. stones; and ternal to the agency and beyond its control that ‘‘(c) ALTERNATIVE FORM.—If an agency, in ‘‘(6) identify major management challenges could significantly affect the achievement of the consultation with the Director of the Office of that are Governmentwide or crosscutting in na- general goals and objectives; and Management and Budget, determines that it is ture and describe plans to address such chal- ‘‘(8) a description of the program evaluations not feasible to express the performance goals for lenges, including relevant performance goals, used in establishing or revising general goals a particular program activity in an objective, performance indicators, and milestones. and objectives, with a schedule for future pro- quantifiable, and measurable form, the Director ‘‘(b) AGENCY PERFORMANCE PLANS.—Not later gram evaluations to be conducted. of the Office of Management and Budget may than the first Monday in February of each year, authorize an alternative form. Such alternative ‘‘(b) The strategic plan shall cover a period of the head of each agency shall make available on not less than 4 years following the fiscal year in form shall— a public website of the agency, and notify the ‘‘(1) include separate descriptive statements which the plan is submitted. As needed, the President and the Congress of its availability, a of— head of the agency may make adjustments to performance plan covering each program activ- ‘‘(A)(i) a minimally effective program; and the strategic plan to reflect significant changes ity set forth in the budget of such agency. Such ‘‘(ii) a successful program; or in the environment in which the agency is oper- plan shall— ‘‘(B) such alternative as authorized by the Di- ating, with appropriate notification of Congress. ‘‘(1) establish performance goals to define the rector of the Office of Management and Budget, ‘‘(c) The performance plan required by section level of performance to be achieved during the with sufficient precision and in such terms that 1115(b) of title 31 shall be consistent with the year in which the plan is submitted and the would allow for an accurate, independent deter- agency’s strategic plan. A performance plan next fiscal year; mination of whether the program activity’s per- may not be submitted for a fiscal year not cov- ‘‘(2) express such goals in an objective, quan- formance meets the criteria of the description; or ered by a current strategic plan under this sec- tifiable, and measurable form unless authorized ‘‘(2) state why it is infeasible or impractical to tion. to be in an alternative form under subsection express a performance goal in any form for the ‘‘(d) When developing or making adjustments (c); program activity. to a strategic plan, the agency shall consult pe- ‘‘(3) describe how the performance goals con- ‘‘(d) TREATMENT OF PROGRAM ACTIVITIES.— riodically with the Congress, including majority tribute to— For the purpose of complying with this section, and minority views from the appropriate au- ‘‘(A) the general goals and objectives estab- an agency may aggregate, disaggregate, or con- thorizing, appropriations, and oversight commit- lished in the agency’s strategic plan required by solidate program activities, except that any ag- tees, and shall solicit and consider the views section 306(a)(2) of title 5; and gregation or consolidation may not omit or mini- and suggestions of those entities potentially af- ‘‘(B) any of the Federal Government perform- mize the significance of any program activity fected by or interested in such a plan. The agen- ance goals established in the Federal Govern- constituting a major function or operation for cy shall consult with the appropriate committees ment performance plan required by subsection the agency. of Congress at least once every 2 years. (a)(1); ‘‘(e) APPENDIX.—An agency may submit with ‘‘(e) The functions and activities of this sec- ‘‘(4) identify among the performance goals an annual performance plan an appendix cov- tion shall be considered to be inherently govern- those which are designated as agency priority ering any portion of the plan that—

VerDate Mar 15 2010 05:52 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00067 Fmt 4634 Sfmt 6333 E:\CR\FM\A21DE7.044 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8854 CONGRESSIONAL RECORD — HOUSE December 21, 2010 ‘‘(1) is specifically authorized under criteria with more frequent updates of actual perform- Management and Budget to increase program established by an Executive order to be kept se- ance on indicators that provide data of signifi- effectiveness for each unmet goal with measur- cret in the interest of national defense or foreign cant value to the Government, Congress, or pro- able milestones. The agency shall designate a policy; and gram partners at a reasonable level of adminis- senior official who shall oversee the perform- ‘‘(2) is properly classified pursuant to such trative burden. ance improvement strategies for each unmet Executive order. ‘‘(2) If performance goals are specified in an goal. ‘‘(f) INHERENTLY GOVERNMENTAL FUNC- alternative form under section 1115(c), the re- ‘‘(h)(1) If the Office of Management and TIONS.—The functions and activities of this sec- sults shall be described in relation to such speci- Budget determines that agency programs or action shall be considered to be inherently govern- fications, including whether the performance tivities have unmet performance goals for 2 con- mental functions. The drafting of performance failed to meet the criteria of a minimally effec- secutive fiscal years, the head of the agency plans under this section shall be performed only tive or successful program. shall— by Federal employees. ‘‘(c) Each update shall— ‘‘(A) submit to Congress a description of the ‘‘(g) CHIEF HUMAN CAPITAL OFFICERS.—With ‘‘(1) review the success of achieving the per- actions the Administration will take to improve respect to each agency with a Chief Human formance goals and include actual results for performance, including proposed statutory Capital Officer, the Chief Human Capital Offi- the 5 preceding fiscal years; changes or planned executive actions; and cer shall prepare that portion of the annual per- ‘‘(2) evaluate the performance plan for the ‘‘(B) describe any additional funding the formance plan described under subsection current fiscal year relative to the performance agency will obligate to achieve the goal, if such (b)(5)(A). achieved toward the performance goals during an action is determined appropriate in consulta- ‘‘(h) DEFINITIONS.—For purposes of this sec- the period covered by the update; tion with the Director of the Office of Manage- tion and sections 1116 through 1125, and sec- ‘‘(3) explain and describe where a performance ment and Budget, for an amount determined ap- tions 9703 and 9704, the term— goal has not been met (including when a pro- propriate by the Director. ‘‘(1) ‘agency’ has the same meaning as such gram activity’s performance is determined not to ‘‘(2) In providing additional funding described term is defined under section 306(f) of title 5; have met the criteria of a successful program ac- under paragraph (1)(B), the head of the agency ‘‘(2) ‘crosscutting’ means across organiza- tivity under section 1115(c)(1)(A)(ii) or a cor- shall use any reprogramming or transfer author- tional (such as agency) boundaries; responding level of achievement if another alter- ity available to the agency. If after exercising ‘‘(3) ‘customer service measure’ means an as- native form is used)— such authority additional funding is necessary sessment of service delivery to a customer, cli- ‘‘(A) why the goal was not met; to achieve the level determined appropriate by ent, citizen, or other recipient, which can in- ‘‘(B) those plans and schedules for achieving the Director of the Office of Management and clude an assessment of quality, timeliness, and the established performance goal; and Budget, the head of the agency shall submit a satisfaction among other factors; ‘‘(C) if the performance goal is impractical or request to Congress for additional reprogram- ‘‘(4) ‘efficiency measure’ means a ratio of a infeasible, why that is the case and what action ming or transfer authority. program activity’s inputs (such as costs or hours is recommended; ‘‘(i) If an agency’s programs or activities have worked by employees) to its outputs (amount of ‘‘(4) describe the use and assess the effective- not met performance goals as determined by the products or services delivered) or outcomes (the ness in achieving performance goals of any Office of Management and Budget for 3 con- desired results of a program); waiver under section 9703 of this title; secutive fiscal years, the Director of the Office ‘‘(5) ‘major management challenge’ means ‘‘(5) include a review of the performance goals of Management and Budget shall submit rec- programs or management functions, within or and evaluation of the performance plan relative ommendations to Congress on actions to improve across agencies, that have greater vulnerability to the agency’s strategic human capital manage- performance not later than 60 days after that to waste, fraud, abuse, and mismanagement ment; determination, including— (such as issues identified by the Government Ac- ‘‘(6) describe how the agency ensures the ac- ‘‘(1) reauthorization proposals for each pro- countability Office as high risk or issues identi- curacy and reliability of the data used to meas- gram or activity that has not met performance fied by an Inspector General) where a failure to ure progress towards its performance goals, in- goals; perform well could seriously affect the ability of cluding an identification of— ‘‘(2) proposed statutory changes necessary for an agency or the Government to achieve its mis- ‘‘(A) the means used to verify and validate the program activities to achieve the proposed sion or goals; measured values; level of performance on each performance goal; ‘‘(6) ‘milestone’ means a scheduled event sig- ‘‘(B) the sources for the data; and nifying the completion of a major deliverable or ‘‘(C) the level of accuracy required for the in- ‘‘(3) planned executive actions or identifica- a set of related deliverables or a phase of work; tended use of the data; tion of the program for termination or reduction ‘‘(7) ‘outcome measure’ means an assessment ‘‘(D) any limitations to the data at the rein the President’s budget.’’. quired level of accuracy; and of the results of a program activity compared to SEC. 5. FEDERAL GOVERNMENT AND AGENCY PRI- its intended purpose; ‘‘(E) how the agency has compensated for ORITY GOALS. ‘‘(8) ‘output measure’ means the tabulation, such limitations if needed to reach the required Chapter 11 of title 31, United States Code, is calculation, or recording of activity or effort level of accuracy; and amended by adding after section 1119 the fol- that can be expressed in a quantitative or quali- ‘‘(7) include the summary findings of those lowing: program evaluations completed during the pe- tative manner; ‘‘§ 1120. Federal Government and agency pri- ‘‘(9) ‘performance goal’ means a target level of riod covered by the update. ority goals performance expressed as a tangible, measurable ‘‘(d) If an agency performance update in- objective, against which actual achievement can cludes any program activity or information that ‘‘(a) FEDERAL GOVERNMENT PRIORITY be compared, including a goal expressed as a is specifically authorized under criteria estab- GOALS.— quantitative standard, value, or rate; lished by an Executive Order to be kept secret in ‘‘(1) The Director of the Office of Management ‘‘(10) ‘performance indicator’ means a par- the interest of national defense or foreign policy and Budget shall coordinate with agencies to ticular value or characteristic used to measure and is properly classified pursuant to such Ex- develop priority goals to improve the perform- output or outcome; ecutive Order, the head of the agency shall ance and management of the Federal Govern- ‘‘(11) ‘program activity’ means a specific ac- make such information available in the classi- ment. Such Federal Government priority goals tivity or project as listed in the program and fi- fied appendix provided under section 1115(e). shall include— nancing schedules of the annual budget of the ‘‘(e) The functions and activities of this sec- ‘‘(A) outcome-oriented goals covering a limited United States Government; and tion shall be considered to be inherently govern- number of crosscutting policy areas; and ‘‘(12) ‘program evaluation’ means an assess- mental functions. The drafting of agency per- ‘‘(B) goals for management improvements ment, through objective measurement and sys- formance updates under this section shall be needed across the Federal Government, includ- tematic analysis, of the manner and extent to performed only by Federal employees. ing— which Federal programs achieve intended objec- ‘‘(f) Each fiscal year, the Office of Manage- ‘‘(i) financial management; tives.’’. ment and Budget shall determine whether the ‘‘(ii) human capital management; agency programs or activities meet performance ‘‘(iii) information technology management; SEC. 4. PERFORMANCE REPORTING AMEND- ‘‘(iv) procurement and acquisition manage- MENTS. goals and objectives outlined in the agency per- ment; and Chapter 11 of title 31, United States Code, is formance plans and submit a report on unmet ‘‘(v) real property management; amended by striking section 1116 and inserting goals to— ‘‘(2) The Federal Government priority goals the following: ‘‘(1) the head of the agency; ‘‘(2) the Committee on Homeland Security and shall be long-term in nature. At a minimum, the ‘‘§ 1116. Agency performance reporting Governmental Affairs of the Senate; Federal Government priority goals shall be up- ‘‘(a) The head of each agency shall make ‘‘(3) the Committee on Oversight and Govern- dated or revised every 4 years and made publicly available on a public website of the agency and mental Reform of the House of Representatives; available concurrently with the submission of to the Office of Management and Budget an up- and the budget of the United States Government date on agency performance. ‘‘(4) the Government Accountability Office. made in the first full fiscal year following any ‘‘(b)(1) Each update shall compare actual per- ‘‘(g) If an agency’s programs or activities have year in which the term of the President com- formance achieved with the performance goals not met performance goals as determined by the mences under section 101 of title 3. As needed, established in the agency performance plan Office of Management and Budget for 1 fiscal the Director of the Office of Management and under section 1115(b) and shall occur no less year, the head of the agency shall submit a per- Budget may make adjustments to the Federal than 150 days after the end of each fiscal year, formance improvement plan to the Office of Government priority goals to reflect significant

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changes in the environment in which the Fed- GOALS.—Not less than quarterly, the Director of ‘‘(B) a description of the purposes of the pro- eral Government is operating, with appropriate the Office of Management and Budget, with the gram and the contribution of the program to the notification of Congress. support of the Performance Improvement Coun- mission and goals of the agency; and ‘‘(3) When developing or making adjustments cil, shall— ‘‘(C) an identification of funding for the cur- to Federal Government priority goals, the Direc- ‘‘(1) for each Federal Government priority rent fiscal year and previous 2 fiscal years. tor of the Office of Management and Budget goal required by section 1120(a) of this title, re- ‘‘(b) TRANSPARENCY OF AGENCY PRIORITY shall consult periodically with the Congress, in- view with the appropriate lead Government offi- GOALS AND RESULTS.—The head of each agency cluding obtaining majority and minority views cial the progress achieved during the most re- required to develop agency priority goals shall from— cent quarter, overall trend data, and the likeli- make information about each agency priority ‘‘(A) the Committees on Appropriations of the hood of meeting the planned level of perform- goal available to the Office of Management and Senate and the House of Representatives; ance; Budget for publication on the website, with the ‘‘(B) the Committees on the Budget of the Sen- ‘‘(2) include in such reviews officials from the exception of any information covered by section ate and the House of Representatives; agencies, organizations, and program activities 1120(b)(2) of this title. In addition to an identi- ‘‘(C) the Committee on Homeland Security and that contribute to the accomplishment of each fication of each agency priority goal, the Governmental Affairs of the Senate; Federal Government priority goal; website shall also consolidate information about ‘‘(D) the Committee on Oversight and Govern- ‘‘(3) assess whether agencies, organizations, each agency priority goal, including— ment Reform of the House of Representatives; program activities, regulations, tax expendi- ‘‘(1) a description of how the agency incor- ‘‘(E) the Committee on Finance of the Senate; porated any views and suggestions obtained ‘‘(F) the Committee on Ways and Means of tures, policies, and other activities are contrib- through congressional consultations about the the House of Representatives; and uting as planned to each Federal Government ‘‘(G) any other committees as determined ap- priority goal; agency priority goal; ‘‘(2) an identification of key factors external propriate; ‘‘(4) categorize the Federal Government pri- ‘‘(4) The Director of the Office of Management ority goals by risk of not achieving the planned to the agency and beyond its control that could and Budget shall consult with the appropriate level of performance; and significantly affect the achievement of the agen- committees of Congress at least once every 2 ‘‘(5) for the Federal Government priority goals cy priority goal; years. at greatest risk of not meeting the planned level ‘‘(3) a description of how each agency priority ‘‘(5) The Director of the Office of Management of performance, identify prospects and strategies goal will be achieved, including— and Budget shall make information about the for performance improvement, including any ‘‘(A) the strategies and resources required to Federal Government priority goals available on needed changes to agencies, organizations, pro- meet the priority goal; ‘‘(B) clearly defined milestones; the website described under section 1122 of this gram activities, regulations, tax expenditures, ‘‘(C) the organizations, program activities, title. policies or other activities. regulations, policies, and other activities that ‘‘(6) The Federal Government performance ‘‘(b) AGENCY USE OF PERFORMANCE INFORMA- contribute to each goal, both within and exter- plan required under section 1115(a) of this title TION TO ACHIEVE AGENCY PRIORITY GOALS.— shall be consistent with the Federal Government Not less than quarterly, at each agency required nal to the agency; ‘‘(D) how the agency is working with other priority goals. to develop agency priority goals required by sec- agencies to achieve the goal; and ‘‘(b) AGENCY PRIORITY GOALS.— tion 1120(b) of this title, the head of the agency ‘‘(E) an identification of the agency official ‘‘(1) Every 2 years, the head of each agency and Chief Operating Officer, with the support listed in section 901(b) of this title, or as other- responsible for achieving the priority goal; of the agency Performance Improvement Officer, ‘‘(4) the performance indicators to be used in wise determined by the Director of the Office of shall— Management and Budget, shall identify agency measuring or assessing progress; ‘‘(1) for each agency priority goal, review with ‘‘(5) a description of how the agency ensures priority goals from among the performance goals the appropriate goal leader the progress the accuracy and reliability of the data used to of the agency. The Director of the Office of achieved during the most recent quarter, overall measure progress towards the priority goal, in- Management and Budget shall determine the trend data, and the likelihood of meeting the cluding an identification of— total number of agency priority goals across the planned level of performance; ‘‘(A) the means used to verify and validate Government, and the number to be developed by ‘‘(2) coordinate with relevant personnel with- measured values; each agency. The agency priority goals shall— in and outside the agency who contribute to the ‘‘(B) the sources for the data; ‘‘(A) reflect the highest priorities of the agen- accomplishment of each agency priority goal; ‘‘(C) the level of accuracy required for the in- cy, as determined by the head of the agency and ‘‘(3) assess whether relevant organizations, tended use of the data; informed by the Federal Government priority program activities, regulations, policies, and ‘‘(D) any limitations to the data at the re- goals provided under subsection (a) and the other activities are contributing as planned to quired level of accuracy; and consultations with Congress and other inter- the agency priority goals; ‘‘(E) how the agency has compensated for ested parties required by section 306(d) of title 5; ‘‘(4) categorize agency priority goals by risk of such limitations if needed to reach the required ‘‘(B) have ambitious targets that can be not achieving the planned level of performance; level of accuracy; achieved within a 2-year period; and ‘‘(6) the results achieved during the most re- ‘‘(C) have a clearly identified agency official, ‘‘(5) for agency priority goals at greatest risk cent quarter and overall trend data compared to known as a goal leader, who is responsible for of not meeting the planned level of performance, the planned level of performance; the achievement of each agency priority goal; identify prospects and strategies for perform- ‘‘(7) an assessment of whether relevant orga- ‘‘(D) have interim quarterly targets for per- ance improvement, including any needed nizations, program activities, regulations, poli- formance indicators if more frequent updates of changes to agency program activities, regula- cies, and other activities are contributing as actual performance provides data of significant tions, policies, or other activities.’’. planned; value to the Government, Congress, or program SEC. 7. TRANSPARENCY OF FEDERAL GOVERN- ‘‘(8) an identification of the agency priority partners at a reasonable level of administrative goals at risk of not achieving the planned level burden; and MENT PROGRAMS, PRIORITY GOALS, AND RESULTS. of performance; and ‘‘(E) have clearly defined quarterly mile- Chapter 11 of title 31, United States Code, is ‘‘(9) any prospects or strategies for perform- stones. ance improvement. ‘‘(2) If an agency priority goal includes any amended by adding after section 1121 (as added ‘‘(c) TRANSPARENCY OF FEDERAL GOVERNMENT program activity or information that is specifi- by section 6 of this Act) the following: PRIORITY GOALS AND RESULTS.—The Director of ‘‘§ 1122. Transparency of programs, priority cally authorized under criteria established by the Office of Management and Budget shall also goals, and results an Executive order to be kept secret in the inter- make available on the website— est of national defense or foreign policy and is ‘‘(a) TRANSPARENCY OF AGENCY PROGRAMS.— ‘‘(1) a brief description of each of the Federal properly classified pursuant to such Executive ‘‘(1) IN GENERAL.—Not later than October 1, Government priority goals required by section order, the head of the agency shall make such 2012, the Office of Management and Budget 1120(a) of this title; information available in the classified appendix shall— ‘‘(2) a description of how the Federal Govern- provided under section 1115(e). ‘‘(A) ensure the effective operation of a single ment priority goals incorporate views and sug- ‘‘(c) The functions and activities of this sec- website; gestions obtained through congressional con- tion shall be considered to be inherently govern- ‘‘(B) at a minimum, update the website on a sultations; mental functions. The development of Federal quarterly basis; and ‘‘(3) the Federal Government performance Government and agency priority goals shall be ‘‘(C) include on the website information about goals and performance indicators associated performed only by Federal employees.’’. each program identified by the agencies. with each Federal Government priority goal as SEC. 6. QUARTERLY PRIORITY PROGRESS RE- ‘‘(2) INFORMATION.—Information for each pro- required by section 1115(a) of this title; VIEWS AND USE OF PERFORMANCE gram described under paragraph (1) shall in- ‘‘(4) an identification of the lead Government INFORMATION. clude— official for each Federal Government perform- Chapter 11 of title 31, United States Code, is ‘‘(A) an identification of how the agency de- ance goal; amended by adding after section 1120 (as added fines the term ‘program’, consistent with guid- ‘‘(5) the results achieved during the most re- by section 5 of this Act) the following: ance provided by the Director of the Office of cent quarter and overall trend data compared to ‘‘§ 1121. Quarterly priority progress reviews Management and Budget, including the pro- the planned level of performance; and use of performance information gram activities that are aggregated, ‘‘(6) an identification of the agencies, organi- ‘‘(a) USE OF PERFORMANCE INFORMATION TO disaggregated, or consolidated to be considered zations, program activities, regulations, tax ex- ACHIEVE FEDERAL GOVERNMENT PRIORITY a program by the agency; penditures, policies, and other activities that

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contribute to each Federal Government priority agency goals, including opportunities to collabo- ‘‘(3) SUPPORT.— goal; rate with other agencies on common goals; ‘‘(A) IN GENERAL.—The Administrator of Gen- ‘‘(7) an assessment of whether relevant agen- ‘‘(C) assist the head of the agency and the eral Services shall provide administrative and cies, organizations, program activities, regula- Chief Operating Officer in overseeing the imple- other support for the Council to implement this tions, tax expenditures, policies, and other ac- mentation of the agency strategic planning, per- section. tivities are contributing as planned; formance planning, and reporting requirements ‘‘(B) PERSONNEL.—The heads of agencies with ‘‘(8) an identification of the Federal Govern- provided under sections 1115 through 1122 of Performance Improvement Officers serving on ment priority goals at risk of not achieving the this title and sections 306 of title 5, including the the Council shall, as appropriate and to the ex- planned level of performance; and contributions of the agency to the Federal Gov- tent permitted by law, provide at the request of ‘‘(9) any prospects or strategies for perform- ernment priority goals; the chairperson of the Performance Improve- ance improvement. ‘‘(D) support the head of agency and the ment Council up to 2 personnel authorizations ‘‘(d) INFORMATION ON WEBSITE.—The informa- Chief Operating Officer in the conduct of reg- to serve at the direction of the chairperson.’’. tion made available on the website under this ular reviews of agency performance, including SEC. 10. FORMAT OF PERFORMANCE PLANS AND section shall be readily accessible and easily at least quarterly reviews of progress achieved REPORTS. found on the Internet by the public and mem- toward agency priority goals, if applicable; (a) SEARCHABLE, MACHINE-READABLE PLANS bers and committees of Congress. Such informa- ‘‘(E) assist the head of the agency and the AND REPORTS.—For fiscal year 2012 and each tion shall also be presented in a searchable, ma- Chief Operating Officer in the development and fiscal year thereafter, each agency required to chine-readable format. The Director of the Of- use within the agency of performance measures produce strategic plans, performance plans, and fice of Management and Budget shall issue in personnel performance appraisals, and, as performance updates in accordance with the guidance to ensure that such information is pro- appropriate, other agency personnel and plan- amendments made by this Act shall— vided in a way that presents a coherent picture ning processes and assessments; and (1) not incur expenses for the printing of stra- of all Federal programs, and the performance of ‘‘(F) ensure that agency progress toward the tegic plans, performance plans, and perform- the Federal Government as well as individual achievement of all goals is communicated to ance reports for release external to the agency, agencies.’’. leaders, managers, and employees in the agency except when providing such documents to the SEC. 8. AGENCY CHIEF OPERATING OFFICERS. and Congress, and made available on a public Congress; Chapter 11 of title 31, United States Code, is website of the agency. (2) produce such plans and reports in search- amended by adding after section 1122 (as added ‘‘(b) PERFORMANCE IMPROVEMENT COUNCIL.— able, machine-readable formats; and by section 7 of this Act) the following: ‘‘(1) ESTABLISHMENT.—There is established a (3) make such plans and reports available on ‘‘§ 1123. Chief Operating Officers Performance Improvement Council, consisting the website described under section 1122 of title of— 31, United States Code. ‘‘(a) ESTABLISHMENT.—At each agency, the ‘‘(A) the Deputy Director for Management of (b) WEB-BASED PERFORMANCE PLANNING AND deputy head of agency, or equivalent, shall be the Office of Management and Budget, who the Chief Operating Officer of the agency. REPORTING.— shall act as chairperson of the Council; (1) IN GENERAL.—Not later than June 1, 2012, ‘‘(b) FUNCTION.—Each Chief Operating Offi- ‘‘(B) the Performance Improvement Officer the Director of the Office of Management and cer shall be responsible for improving the man- from each agency defined in section 901(b) of agement and performance of the agency, and Budget shall issue guidance to agencies to pro- this title; vide concise and timely performance information shall— ‘‘(C) other Performance Improvement Officers ‘‘(1) provide overall organization management for publication on the website described under as determined appropriate by the chairperson; section 1122 of title 31, United States Code, in- to improve agency performance and achieve the and mission and goals of the agency through the use cluding, at a minimum, all requirements of sec- ‘‘(D) other individuals as determined appro- tions 1115 and 1116 of title 31, United States of strategic and performance planning, measure- priate by the chairperson. ment, analysis, regular assessment of progress, Code, except for section 1115(e). ‘‘(2) FUNCTION.—The Performance Improve- (2) HIGH-PRIORITY GOALS.—For agencies re- and use of performance information to improve ment Council shall— the results achieved; quired to develop agency priority goals under ‘‘(A) be convened by the chairperson or the section 1120(b) of title 31, United States Code, ‘‘(2) advise and assist the head of agency in designee of the chairperson, who shall preside carrying out the requirements of sections 1115 the performance information required under this at the meetings of the Performance Improvement section shall be merged with the existing infor- through 1122 of this title and section 306 of title Council, determine its agenda, direct its work, 5; mation required under section 1122 of title 31, and establish and direct subgroups of the Per- United States Code. ‘‘(3) oversee agency-specific efforts to improve formance Improvement Council, as appropriate, management functions within the agency and (3) CONSIDERATIONS.—In developing guidance to deal with particular subject matters; under this subsection, the Director of the Office across Government; and ‘‘(B) assist the Director of the Office of Man- ‘‘(4) coordinate and collaborate with relevant of Management and Budget shall take into con- agement and Budget to improve the performance sideration the experiences of agencies in making personnel within and external to the agency of the Federal Government and achieve the Fed- who have a significant role in contributing to consolidated performance planning and report- eral Government priority goals; ing information available on the website as re- and achieving the mission and goals of the ‘‘(C) assist the Director of the Office of Man- agency, such as the Chief Financial Officer, quired under section 1122 of title 31, United agement and Budget in implementing the plan- States Code. Chief Human Capital Officer, Chief Acquisition ning, reporting, and use of performance infor- Officer/Senior Procurement Executive, Chief In- SEC. 11. REDUCING DUPLICATIVE AND OUT- mation requirements related to the Federal Gov- DATED AGENCY REPORTING. formation Officer, and other line of business ernment priority goals provided under sections (a) BUDGET CONTENTS.—Section 1105(a) of chiefs at the agency.’’. 1115, 1120, 1121, and 1122 of this title; title 31, United States Code, is amended— SEC. 9. AGENCY PERFORMANCE IMPROVEMENT ‘‘(D) work to resolve specific Governmentwide (1) by redesignating second paragraph (33) as OFFICERS AND THE PERFORMANCE or crosscutting performance issues, as necessary; paragraph (35); and IMPROVEMENT COUNCIL. ‘‘(E) facilitate the exchange among agencies (2) by adding at the end the following: Chapter 11 of title 31, United States Code, is of practices that have led to performance im- ‘‘(37) the list of plans and reports, as provided amended by adding after section 1123 (as added provements within specific programs, agencies, for under section 1125, that agencies identified by section 8 of this Act) the following: or across agencies; for elimination or consolidation because the ‘‘§ 1124. Performance Improvement Officers ‘‘(F) coordinate with other interagency man- plans and reports are determined outdated or and the Performance Improvement Council agement councils; duplicative of other required plans and re- ‘‘(a) PERFORMANCE IMPROVEMENT OFFICERS.— ‘‘(G) seek advice and information as appro- ports.’’. ‘‘(1) ESTABLISHMENT.—At each agency, the priate from nonmember agencies, particularly (b) ELIMINATION OF UNNECESSARY AGENCY RE- head of the agency, in consultation with the smaller agencies; PORTING.—Chapter 11 of title 31, United States agency Chief Operating Officer, shall designate ‘‘(H) consider the performance improvement Code, is further amended by adding after sec- a senior executive of the agency as the agency experiences of corporations, nonprofit organization 1124 (as added by section 9 of this Act) the Performance Improvement Officer. tions, foreign, State, and local governments, following: ‘‘(2) FUNCTION.—Each Performance Improve- Government employees, public sector unions, ment Officer shall report directly to the Chief and customers of Government services; ‘‘§ 1125. Elimination of unnecessary agency re- Operating Officer. Subject to the direction of the ‘‘(I) receive such assistance, information and porting Chief Operating Officer, each Performance Im- advice from agencies as the Council may re- ‘‘(a) AGENCY IDENTIFICATION OF UNNECESSARY provement Officer shall— quest, which agencies shall provide to the extent REPORTS.—Annually, based on guidance pro- ‘‘(A) advise and assist the head of the agency permitted by law; and vided by the Director of the Office of Manage- and the Chief Operating Officer to ensure that ‘‘(J) develop and submit to the Director of the ment and Budget, the Chief Operating Officer the mission and goals of the agency are Office of Management and Budget, or when ap- at each agency shall— achieved through strategic and performance propriate to the President through the Director ‘‘(1) compile a list that identifies all plans and planning, measurement, analysis, regular as- of the Office of Management and Budget, at reports the agency produces for Congress, in ac- sessment of progress, and use of performance in- times and in such formats as the chairperson cordance with statutory requirements or as di- formation to improve the results achieved; may specify, recommendations to streamline and rected in congressional reports; ‘‘(B) advise the head of the agency and the improve performance management policies and ‘‘(2) analyze the list compiled under para- Chief Operating Officer on the selection of requirements. graph (1), identify which plans and reports are

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outdated or duplicative of other required plans ‘‘1122. Transparency of programs, priority goals, (i) EVALUATIONS.—The Comptroller General and reports, and refine the list to include only and results. shall evaluate the implementation of the Federal the plans and reports identified to be outdated ‘‘1123. Chief Operating Officers. Government priority goals, Federal Government or duplicative; ‘‘1124. Performance Improvement Officers and performance plans and related reporting re- ‘‘(3) consult with the congressional committees the Performance Improvement quired by this Act. that receive the plans and reports identified Council. (ii) REPORTS.—The Comptroller General shall under paragraph (2) to determine whether those ‘‘1125. Elimination of unnecessary agency re- submit to Congress— plans and reports are no longer useful to the porting.’’. (I) an initial report on the evaluation under committees and could be eliminated or consoli- SEC. 14. IMPLEMENTATION OF THIS ACT. clause (i), not later than September 30, 2015; and dated with other plans and reports; and (a) INTERIM PLANNING AND REPORTING.— (II) subsequent reports on the evaluation ‘‘(4) provide a total count of plans and reports (1) IN GENERAL.—The Director of the Office of under clause (i), not later than September 30, compiled under paragraph (1) and the list of Management and Budget shall coordinate with 2017 and every 4 years thereafter. outdated and duplicative reports identified agencies to develop interim Federal Government (D) RECOMMENDATIONS.—The Comptroller under paragraph (2) to the Director of the Of- priority goals and submit interim Federal Gov- General shall include in the reports required by fice of Management and Budget. ernment performance plans consistent with the subparagraphs (B) and (C) any recommenda- ‘‘(b) PLANS AND REPORTS.— requirements of this Act beginning with the sub- tions for improving implementation of this Act ‘‘(1) FIRST YEAR.—During the first year of im- mission of the fiscal year 2013 Budget of the and for streamlining the planning and reporting plementation of this section, the list of plans United States Government. requirements of the Government Performance and reports identified by each agency as out- (2) REQUIREMENTS.—Each agency shall— and Results Act of 1993. dated or duplicative shall be not less than 10 (A) not later than February 6, 2012, make ad- MOTION TO CONCUR percent of all plans and reports identified under justments to its strategic plan to make the plan subsection (a)(1). The SPEAKER pro tempore. The consistent with the requirements of this Act; Clerk will report the motion. ‘‘(2) SUBSEQUENT YEARS.—In each year fol- (B) prepare and submit performance plans lowing the first year described under paragraph consistent with the requirements of this Act, in- The Clerk read as follows: (1), the Director of the Office of Management cluding the identification of agency priority Mr. CUELLAR moves that the House concur and Budget shall determine the minimum per- goals, beginning with the performance plan for in the Senate amendment. cent of plans and reports to be identified as out- fiscal year 2013; and The SPEAKER pro tempore. Pursu- dated or duplicative on each list of plans and (C) make performance reporting updates con- reports. ant to House Resolution 1781, the mo- sistent with the requirements of this Act begin- tion shall be debatable for 1 hour ‘‘(c) REQUEST FOR ELIMINATION OF UNNECES- ning in fiscal year 2012. SARY REPORTS.—In addition to including the list (3) QUARTERLY REVIEWS.—The quarterly pri- equally divided and controlled by the of plans and reports determined to be outdated ority progress reviews required under this Act chair and ranking minority member of or duplicative by each agency in the budget of shall begin— the Committee on Oversight and Gov- the United States Government, as provided by (A) with the first full quarter beginning on or ernment Reform. section 1105(a)(37), the Director of the Office of after the date of enactment of this Act for agen- The gentleman from Texas (Mr. Management and Budget may concurrently sub- cies based on the agency priority goals con- CUELLAR) and the gentleman from Cali- mit to Congress legislation to eliminate or contained in the Analytical Perspectives volume of solidate such plans and reports.’’. fornia (Mr. ISSA) each will control 30 the Fiscal Year 2011 Budget of the United States minutes. SEC. 12. PERFORMANCE MANAGEMENT SKILLS Government; and AND COMPETENCIES. (B) with the quarter ending June 30, 2012 for The Chair recognizes the gentleman (a) PERFORMANCE MANAGEMENT SKILLS AND the interim Federal Government priority goals. from Texas. COMPETENCIES.—Not later than 1 year after the (b) GUIDANCE.—The Director of the Office of GENERAL LEAVE date of enactment of this Act, the Director of Management and Budget shall prepare guid- Mr. CUELLAR. Madam Speaker, I the Office of Personnel Management, in con- ance for agencies in carrying out the interim sultation with the Performance Improvement ask unanimous consent that all Mem- planning and reporting activities required under bers may have 5 legislative days in Council, shall identify the key skills and com- subsection (a), in addition to other guidance as petencies needed by Federal Government per- required for implementation of this Act. which to revise and extend their re- sonnel for developing goals, evaluating pro- marks. SEC. 15. CONGRESSIONAL OVERSIGHT AND LEG- grams, and analyzing and using performance ISLATION. The SPEAKER pro tempore. Is there information for the purpose of improving Gov- (a) IN GENERAL.—Nothing in this Act shall be objection to the request of the gen- ernment efficiency and effectiveness. construed as limiting the ability of Congress to tleman from Texas? (b) POSITION CLASSIFICATIONS.—Not later than establish, amend, suspend, or annul a goal of 2 years after the date of enactment of this Act, There was no objection. the Federal Government or an agency. based on the identifications under subsection Mr. CUELLAR. Madam Speaker, I (b) GAO REVIEWS.— (a), the Director of the Office of Personnel Man- yield myself such time as I may con- (1) INTERIM PLANNING AND REPORTING EVALUA- agement shall incorporate, as appropriate, such sume. TION.—Not later than June 30, 2013, the Comp- key skills and competencies into relevant posi- troller General shall submit a report to Congress Madam Speaker, H.R. 2142, the Gov- tion classifications. that includes— ernment Efficiency, Effectiveness, and (c) INCORPORATION INTO EXISTING AGENCY (A) an evaluation of the implementation of Performance Improvement Act, will do TRAINING.—Not later than 2 years after the en- the interim planning and reporting activities just what the title of the bill says. This actment of this Act, the Director of the Office of conducted under section 14 of this Act; and Personnel Management shall work with each bill will make the Federal Government (B) any recommendations for improving imple- agency, as defined under section 306(f) of title 5, more effective, more efficient, and im- mentation of this Act as determined appropriate. United States Code, to incorporate the key skills prove the performance of Federal agen- (2) IMPLEMENTATION EVALUATIONS.— identified under subsection (a) into training for cies. (A) IN GENERAL.—The Comptroller General relevant employees at each agency. shall evaluate the implementation of this Act This bill is a sweeping move to in- SEC. 13. TECHNICAL AND CONFORMING AMEND- subsequent to the interim planning and report- crease transparency and accountability MENTS. ing activities evaluated in the report submitted by requiring Federal agencies to estab- (a) The table of contents for chapter 3 of title to Congress under paragraph (1). lish performance goals that can be 5, United States Code, is amended by striking (B) AGENCY IMPLEMENTATION.— the item relating to section 306 and inserting the measured and reported to Congress and (i) EVALUATIONS.—The Comptroller General following: to taxpayers. No one can afford to shall evaluate how implementation of this Act is ‘‘306. Agency strategic plans.’’. waste money, especially not the gov- affecting performance management at the agen- ernment and especially not now. It’s (b) The table of contents for chapter 11 of title cies described in section 901(b) of title 31, United 31, United States Code, is amended by striking States Code, including whether performance time that we put a new system in place the items relating to section 1115 and 1116 and management is being used by those agencies to to review the results of each Federal inserting the following: improve the efficiency and effectiveness of agen- program and evaluate its effectiveness. ‘‘1115. Federal Government and agency perform- cy programs. The message is simple: Better infor- ance plans. (ii) REPORTS.—The Comptroller General shall mation yields better decisions. This ‘‘1116. Agency performance reporting.’’. submit to Congress— legislation will help Congress invest in (c) The table of contents for chapter 11 of title (I) an initial report on the evaluation under 31, United States Code, is amended by adding at what works, fix what doesn’t, and clause (i), not later than September 30, 2015; and eliminate wasteful overlap. This will the end the following: (II) a subsequent report on the evaluation ‘‘1120. Federal Government and agency priority under clause (i), not later than September 30, make our Federal Government more goals. 2017. results-oriented. ‘‘1121. Quarterly priority progress reviews and (C) FEDERAL GOVERNMENT PLANNING AND RE- This is a commonsense bill that reuse of performance information. PORTING IMPLEMENTATION.— ceived wide bipartisan support. The

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This will allow agencies to and not because they were delivering the resent on December 16, 2010. identify waste and inefficiencies and sults expected of them, while others that H.R. 2142 modernizes the Government change what isn’t working. This is seemed to work were rarely assessed to con- Performance and Results Act of 1993. what successful corporations in the pri- firm their impact and find ways to enhance We have learned a lot in the past 17 vate sector do regularly, and this is their value. Over the last two decades, as the years. It is time to apply these lessons what the government should do also. private sector was utilizing new management techniques and information tech- so that agencies and Congress have the President Bush’s top performance nologies to boost productivity, cut costs, and information needed to make good deci- management official wrote in a letter deliver previously unheard of levels of cussions. H.R. 2142 improves the 1993 law supporting this legislation in a bipar- tomer service, the public sector lagged con- by requiring agencies to identify ambi- tisan way, ‘‘I led performance improve- spicuously behind. tious goals and to perform frequent ment efforts during my tenure in the The American people deserve better. They performance reviews. With this bill, we George W. Bush administration. Addi- deserve a Federal Government that respects can hold agencies more accountable by tionally, while a Republican staff their tax dollars, and uses them effectively and efficiently. They deserve a Federal Gov- requiring them to consider input from member in the legislative branch, I ernment that is transparent, fair, and re- Congress and members of the public oversaw agency efforts to measure and sponsive. And they deserve a Government when developing program goals. The improve their performance. The provi- that is constantly looking to streamline public can now have input for the first sions of this bill would have greatly en- what works and to eliminate what does not. time. Just imagine that. The general hanced these efforts had they been in The Administration is committed to revolu- public will have a say-so in developing place at the time.’’ tionizing how the Federal Government runs Federal agency goals. This is a timely, commonsense bill, on behalf of the American people. The Presi- Some changes were made to the bill dent appointed the Nation’s first Chief Per- and I urge all Members to join me in a formance Officer, and the Administration during consideration by the Senate, bipartisan way in supporting this legis- has taken steps to bring more transparency and I support those changes, which I lation. to, for instance, how Federal information believe will enhance and strengthen Madam Speaker, I reserve the bal- technology (IT) dollars are spent to improve the bill. Under the Senate amendment, ance of my time. customer service for those using citizenship OMB is required to develop a Federal Mr. ISSA. Madam Speaker, I would services. At the same time, the Administra- Government performance plan that ad- ask the majority if they would provide tion has combed the Budget to find programs dresses program efforts across agen- us with that letter so we could review that are duplicative, outdated, or just not working. cies. OMB is also required to work with when it was written and be more edu- To improve the performance of the Federal agencies to develop Federal program cated. Government in the coming fiscal year and in priority goals that cut across different Mr. CUELLAR. If the gentleman years to come, the Administration will pur- agencies and measure progress toward would yield, I would be happy to do sue three mutually reinforcing performance meeting those goals. This will help that. management strategies: agencies avoid duplicating efforts and Mr. ISSA. I thank you. 1. Use Performance Information to Lead, Madam Speaker, Feliz Navidad, Learn, and Improve Outcomes. Agency lead- become more efficient. Duplication and ers set a few high-priority goals and use con- overlap at a time when so many Ameri- Merry Christmas, but today is Ground structive data-based reviews to keep their cans are struggling to make ends meet Hog Day. I know it is because we’re organizations on track to deliver on these isn’t just a waste of resources; it’s getting the same bill we got last week. objectives. shameful. The Senate amendment also It looks the same. Matter of fact, it’s 2. Communicate Performance Coherently establishes the position of chief oper- so much the same that I recognized it and Concisely for Better Results and Trans- ating officer in the 24 biggest agencies. from an earlier document, the Presi- parency. The Federal Government will can- Key provisions for the bill approved dent’s budget. In his package on per- didly communicate to the public the priorities, problems, and progress of Government in the House are still intact, such as formance and management, the Presi- programs, explaining the reasons behind past the establishment of performance im- dent had already determined to do trends, the impact of past actions, and fu- provement officers at each agency and pretty much what we’re putting here. ture plans. In addition, agencies will the establishment of the performance Matter of fact, we’re codifying in strengthen their capacity to learn from expe- improvement council. These provisions statute, plus throwing in $75 million of rience and experiments. codify an Executive order issued by additional cost, what the President al- 3. Strengthen Problem-Solving Networks. President George W. Bush. ready was doing. We’re not giving him The Federal Government will tap into and Also, as in the House-passed bill, encourage practitioner communities, inside anything that he doesn’t already have and outside Government, to work together OMB and agencies are required to im- authority for and is doing. Really what to improve outcomes and performance man- prove the transparency of performance we’re doing is simply allowing the agement practices. reviews by making the results avail- President to say it’s okay for me to USE PERFORMANCE INFORMATION TO LEAD, able online. spend $75 million more on what I al- LEARN, AND IMPROVE OUTCOMES Senator COBURN added an amendment ready wanted to do; it’s okay because Government operates more effectively making changes to the bill that re- I’m under this mandate of Congress. when it focuses on outcomes, when leaders quires for increasingly stringent re- It’s okay for this Congress to go sine set clear and measurable goals, and when quirements for agencies that do not die really talking about things they agencies use measurement to reinforce prior- meet performance goals, which can ul- were accomplishing when this doesn’t ities, motivate action, and illuminate a path timately end up, for a nonperforming accomplish anything. to improvement. This outcome-focused per- agency or program, with budget reduc- formance management approach has proved I will be voting against this because a powerful way to achieve large performance tion or even elimination. I don’t want to spend $75 million doing gains in other countries, several States, an The Congressional Budget Office esti- what the President already put in his increasing number of local governments, and mates that implementation of the bill, own document. a growing number of Federal programs. For as amended by the Senate, will cost Madam Speaker, I would ask that instance, the State of Washington pushed about $15 million a year. This bill does this excerpt from the President’s per- down the re-victimization rate of children not have any mandatory spending re- formance and management review to harmed in their homes from 13.3 percent to 6.5 percent over the last seven years by mon- quirements, and it does not violate be placed in the RECORD. itoring how changes in agency action af- PAYGO. Also, CBO, as you know, does 7. DELIVERING HIGH-PERFORMANCE not estimate the cost savings that fected children previously harmed and by ad- GOVERNMENT justing policies accordingly to make im- would have been generated by this bill. For too long, Washington has not respon- provements for the children. Agencies will save money by identi- sibly managed the tax dollars entrusted it by New York City and, subsequently, the City fying wasteful practices. Consolidating the American people. Decision-makers of Los Angeles saw crime rates plummet

VerDate Mar 15 2010 05:52 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00072 Fmt 4634 Sfmt 0634 E:\CR\FM\K21DE7.088 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 21, 2010 CONGRESSIONAL RECORD — HOUSE H8859 after each adopted CompStat meetings. Double renewable energy generating capac- concise picture of Federal goals and meas- These are frequently scheduled, goal-focused, ity (excluding conventional hydropower) by ures by theme, by agency, by program, and data-driven meetings at which precinct cap- 2012 (Secretary Chu). by program type. It will be designed to in- tains are expected to discuss statistics about In the coming year, the Administration crease transparency and coherence for the outcomes (e.g., crime), cost drivers (e.g., will ask agency leaders to carry out a simi- public, motivate improvements, support col- overtime), unwanted side effects (e.g., police lar priority-setting exercise with top man- laboration, and enhance the ability of the abuse complaints), patterns of problems in agers of their bureaus to set bureau-level Federal Government and its service delivery the precinct, probable causes, apparent ef- goals and align those goals, as appropriate, partners to learn from others’ experiences fects of prior actions, and future actions with agency-wide priority goals. These ef- and from research experiments. The perform- planned. Similarly, the U.S. Coast Guard’s forts are not distinct from the goal-setting ance portal will also provide easy links to Marine and Marine Environmental Protec- and measurement expectations set forth in mission-support management dashboards, tion programs work to reduce maritime the GPRA, but rather reflect an intention to such as the IT dashboard (http:// deaths and injuries, large oil spills, and translate GPRA from a reporting exercise to it.usaspending.gov/) launched in the summer chemical discharge incidents by regularly a performance-improving practice across the of 2009, and similar dashboards planned for analyzing their data to identify contributory Federal Government. By making agencies’ other common Government functions includ- causes and by testing different prevention top leaders responsible for specific goals that ing procurement, improper payments, and options to identify and then implement they themselves have named as most impor- hiring. those that work best. tant, the Administration is dramatically im- While performance information is critical Outcome-focused performance manage- proving accountability and the chances that to improving Government effectiveness and ment can transform the way government Government will deliver results on what efficiency, it can answer only so many ques- works, but its success is by no means as- matters most. tions. More sophisticated evaluation meth- sured. The ultimate test of an effective per- Agency leaders will put in place rigorous, ods are required to answer fundamental formance management system is whether it constructive quarterly feedback and review questions about the social, economic, or en- is used, not the number of goals and meas- sessions to help agencies reach their targets, vironmental impact of programs and prac- ures produced. Federal performance manage- building on lessons from successful public tices, isolating the effect of Government ac- ment efforts have not fared well on this test. sector performance management models in tion from other possible influencing factors. The Government Performance and Results other governments and in some Federal OMB recently launched an Evaluation Initia- Act of 1993 (GPRA) and the Performance As- agencies. In addition, the Office of Manage- tive to promote rigorous impact evaluations, sessment Rating Tool (PART) reviews in- ment and Budget (OMB) will initiate quar- build agency evaluation capacity, and im- creased the production of measurements in terly performance updates to help senior prove transparency of evaluation findings. many agencies, resulting in the availability Federal Government leaders stay focused on These evaluations are a powerful com- of better measures than previously existed; driving to results. plement to agency performance improve- however, these initial successes have not OMB will support the agencies with tools ment efforts and often benefit from the lead to increased use. With a few exceptions, and assistance to help them succeed. In addi- availability of performance data. OMB will Congress does not use the performance goals tion, OMB will help coordinate inter-agency make information about all Federal evalua- and measures agencies produce to conduct efforts in select situations where collaborations focused on the impacts of programs and oversight, agencies do not use them to evalu- tion is critical to success. program practices available online through ate effectiveness or drive improvements, and COMMUNICATE PERFORMANCE COHERENTLY AND the performance portal. The Evaluation Ini- they have not provided meaningful informa- CONCISELY FOR BETTER RESULTS AND TRANS- tiative is explained in more detail in Chapter tion for the public. PARENCY 8, ‘‘Program Evaluation,’’ in this volume. Studies of past Federal performance man- Transparent, coherent performance infor- STRENGTHEN PROBLEM-SOLVING NETWORKS agement efforts have identified several prob- mation contributes to more effective, effi- lematic practices. For example, senior lead- The third strategy the Administration will cient, fair, and responsive government. ers at Federal agencies have historically fo- pursue to improve performance management Transparency not only promotes public un- cused far more attention on new policy de- involves the extensive use of existing and derstanding about the actions that govern- velopment than on managing to improve new practitioner networks. Federal agencies ment is working to accomplish, but also sup- outcomes. Mechanisms used to motivate do not work in isolation to improve out- ports learning across government agencies, change created serious unwanted side effects comes. Every Federal agency and employee stimulates idea flow, enlists assistance, and or linked to the wrong objectives. Central of- depends on and is supported by others—other motivates performance gain. In addition, fice reviews mandated measurements inap- Federal offices, other levels of government, propriate to the situation, and performance transparency can strengthen public con- for-profit and not-for-profit organizations, reports seldom answered the questions of fidence in government, especially when gov- and individuals with expertise or a passion key audiences. Moreover, the annual report- ernment does more than simply herald its about specific problems. New information ing requirement of GPRA and the five-year successes but also provides candid assess- technologies are transforming our ability to program PART review cycle did not provide ments of problems encountered, their likely tap vast reservoirs of capacity beyond the of- agencies the fast feedback needed to assess if causes, and actions being taken to address fice. At the same time, low-technology net- delivery efforts were on track or to diagnose problems. works such as professional associations and The Administration is initiating several why they were or were not. Neither GPRA communities of practice are also able to nor PART precluded more frequent measure- new performance communication actions. solve problems, spur innovation, and diffuse ment to inform agency action, but only a few First, the Administration will identify and knowledge. The Administration will create agencies opted to supplement their annual eliminate performance measurements and cross-agency teams to tackle shared prob- measurement cycle with the kinds of data documents that are not useful. Second, what lems and reach out to existing networks, and analysis that fueled the private sector remains will be used. Goals contained in both inside and outside Government, to find performance revolution. plans and budgets will communicate con- and develop smarter performance manage- The Administration is initiating several cisely and coherently what government is ment methods and to assist others in their new performance management actions and is trying to accomplish. Agency, cross-agency, application. It will tap their intelligence, in- tasking a new generation of performance and program measures, including those de- genuity, and commitment, as well as their leaders to implement successful performance veloped under GPRA and PART that proved dissemination and delivery capacity. management practices. useful to agencies, the public, and OMB, will The Performance Improvement Council To encourage senior leaders to deliver re- candidly convey how well the Government is (PIC), made up of Performance Improvement sults against the most important priorities, accomplishing the goals. Combined perform- Officers from every Federal agency, will the Administration launched the High-Pri- ance plans and reports will explain why goals function as the hub of the performance man- ority Performance Goal initiative in June were chosen, the size and characteristics of agement network. OMB will work with the 2009, asking agency heads to identify and problems Government is tackling, factors af- PIC to create and advance a new set of Fed- commit to a limited number of priority fecting outcomes that Government hopes to eral performance management principles, re- goals, generally three to eight, with high influence, lessons learned from experience, fine a Government-wide performance man- value to the public. The goals must have am- and future actions planned. agement implementation plan, and identify bitious, but realistic, targets to achieve Going forward, agencies will take greater and tackle specific problems as they arise. within 18 to 24 months without need for new ownership in communicating performance The PIC will also serve as a home for Federal resources or legislation, and well-defined, plans and results to key audiences to inform communities of practice, some new and some outcomes-based measures of progress. These their decisions. Making performance data old. Some communities of practice will be goals are included in this Budget. Some no- useful to all audiences—congressional, pub- organized by problems, some by program table examples are: lic, and agency leaders—improves both pro- type such as regulatory programs, and some Assist 3 million homeowners who are at gram performance and reporting accuracy. by methods such as quality management. risk of losing their homes due to foreclosure To that end, the Administration will rede- These communities will develop tools and (Secretaries Donovan and Geithner); sign public access to Federal performance in- provide expert advice and assistance to their Reduce the population of homeless vet- formation. Federal colleagues. In addition, the PIC will erans to 59,000 in June, 2012 (Secretaries The Administration will create a Federal address the governance challenge of advanc- Donovan and Shinseki); and performance portal that provides a clear, ing progress on high-priority problems that

VerDate Mar 15 2010 05:52 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00073 Fmt 4634 Sfmt 0634 E:\CR\FM\A21DE7.045 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8860 CONGRESSIONAL RECORD — HOUSE December 21, 2010 require action by multiple agencies. The Ad- Again, when the bill first passed Mr. ISSA. I hereby move—not unani- ministration will also turn to existing exter- here, this was a bill that did get some mous consent—that we do so. I make a nal networks—including State and local gov- changes. I believe the major change motion that we suspend and that we ernment associations, schools of public pol- that the gentleman is referring to is a move to the business of the American icy and management, think tanks, and professional associations—to enlist their assist- provision that he authored that would people’s funding for this fiscal year. ance on specific problems and in spreading have required agencies to evaluate per- The SPEAKER pro tempore. The effective performance management prac- formance goals twice a year. Those Chair advises the gentleman that such tices. provisions added significantly to the a motion is not admissible. Mr. CUELLAR did a good job last week cost of the bill. And when this bill first The Chair continues to recognizes in the first of these two appearances on passed the House, it had a $150 million the gentleman from California for pur- the same bill. He said it was something cost. By taking those provisions, it was poses of debate on the pending motion he really wanted to pass. He said it was reduced down to $75 million, which is to concur. his bill. I don’t think the fact that it is $15 million a year. Mr. ISSA. I thank the Speaker. amended would make it less his bill, This is a bipartisan bill that updates Madam Speaker, when Robert John- but it isn’t his bill really. It’s written the 1993 legislation. The original co- son Shea recommended this bill before by the administration, codified by the sponsors include myself, several other us, it wasn’t this bill before us. This is Senate, and sent over to us in the 11th Members, including Congressman a completely different bill, dramati- hour when, in fact, it could, in the next PLATTS and Congressman MCCAUL. And cally changed. So I believe that when Congress, actually go through a review in the Senate, Senate supporters that people who will come and vote on this process to see if we could actually we have are VOINOVICH; COLLINS; WAR- consider this, they should discount mandate something more than what NER, who took the lead on this, AKAKA, completely a recommendation from a the President’s doing, if we should Senator LIEBERMAN, and basically Sen- Bush administration official that mandate what the President is already ator COBURN who had an amendment. speaks to a bill that Mr. CUELLAR au- doing, or, quite frankly, if we should So this is a bipartisan bill. It will not thored which bears very little resem- tie the hands of the next President by add a single penny to the deficit. In blance to this one. simply codifying the elective actions of fact, it will save taxpayers’ dollars. I As I said earlier, this bill today sim- this President. urge support of it. ply puts into statute what the Presi- I reserve the balance of my time. dent is already on an elective basis b 1510 Mr. ISSA. Madam Speaker, I ask doing, ties the hands of a future Presi- Now, there was a letter that came unanimous consent that we now sus- dent without providing any new au- purportedly, and I am sure it did, from pend these and go to the bill that has thority for the President to do a better somebody in the Bush administration. been received from the Senate. Obvi- job. And I will be interested to see when it ously, the American people are des- With that, I reserve the balance of was written because this President has perately waiting to see us fund a gov- my time. systematically chosen to make ernment that is going without money Mr. CUELLAR. Madam Speaker, Mr. changes in how the last President did as of midnight tonight and respectfully Shea, a Bush appointee, supports this performance. I am not going to say say that it is appropriate to take up bill even as it has passed the Senate. that President Bush was the best or the business of the funding of this gov- Again, this is a bipartisan bill sup- that what President Obama is doing is ernment at this time. ported by both Democrats and Repub- different; but there are differences, and The SPEAKER pro tempore. The licans. I ask support of this bill. these differences are the elective right Chair would entertain such a request I reserve the balance of my time. of the President to try to do these. only if the gentleman from Texas Mr. ISSA. Madam Speaker, I think So with all due respect, Madam yields for that purpose. all was said that needed to be said in Speaker, I will still be voting ‘‘no’’ on Mr. ISSA. Will the gentleman from the 15 minutes a side last week. The this second Groundhog Day on this bill. Texas yield for the important work of only thing that can yet be said in my I will still believe that if we had had a the American people? closing is we are better than this, chance in the next Congress we could Mr. CUELLAR. I certainly yield. Madam Speaker. We should not accept have done better and would have done Mr. ISSA. I hereby make the motion something on a closed rule without any better. that we do suspend the proceedings and possibility of amendment when in fact With that, I reserve the balance of go to—— the Senate took what we had passed, Mr. CUELLAR. But I do object. my time. completely amended it, and sent it The SPEAKER pro tempore. The gen- f back completely different. tleman will suspend. Madam Speaker, I know that process The Chair did not hear the response FURTHER MESSAGE FROM THE is not something that is often talked SENATE of the gentleman from Texas. Mr. CUELLAR. The gentleman ob- about on this floor as though it is im- A further message from the Senate by Ms. jects. portant. But, Madam Speaker, in the Curtis, one of its clerks, announced that the The SPEAKER pro tempore. Objec- next Congress it is clear that process is Senate has agreed to the House amendment tion is heard. important, that debate and delibera- to the Senate amendment with an amend- tion is important, that we not simply ment: The Chair recognizes the gentleman from California to reclaim his time. take what the Senate takes, allow H.R. 3082. An act making appropriations them to change it completely, send it for military construction, the Department of Mr. ISSA. Madam Speaker, point of Veterans Affairs, and related agencies for order. back to us bearing no resemblance, and the fiscal year ending September 30, 2010, and The SPEAKER pro tempore. The gen- not have a conference. for other purposes. tleman will state his point his order. If this bill is so important, as Mr. f Mr. ISSA. I believe that the gen- CUELLAR says, that it be passed in a tleman from Texas yielded time upon lame duck session, then Madam Speak- GPRA MODERNIZATION ACT OF your request that you would only con- er, isn’t it so important that it should 2010—Continued sider my request to move to the busi- have gone through a conference process The SPEAKER pro tempore. The gen- ness of appropriating for this current or at least that the Senate or House tleman from Texas is recognized. fiscal year. That motion is still there. leaders would have come to the com- Mr. CUELLAR. Madam Speaker, He yielded. I would like that motion to mittee of jurisdiction and at least again, I want to thank the ranking be heard that we suspend this and asked us what needed to be changed in member. The letter was written by move to the business of appropriations order to get our support? They didn’t Robert Shea who worked with Presi- for this fiscal year. have that support. dent Bush. It was written in June of The SPEAKER pro tempore. The Like any bill, you will pick off a few this year. Mr. Shea still supports the Chair heard objection to the unani- Texans for a Texan’s bill, or you will bill as it has been passed by the Sen- mous consent request from the gen- pick off a few Members, that doesn’t ate. tleman from Texas. make it bipartisan. It certainly wasn’t

VerDate Mar 15 2010 05:52 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00074 Fmt 4634 Sfmt 0634 E:\CR\FM\A21DE7.047 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 21, 2010 CONGRESSIONAL RECORD — HOUSE H8861 bicameral when, in fact, Mr. CUELLAR’s Congress, H.R. 185, would require that all A vote in favor of this bill is a vote in favor bill was rewritten in the Senate; writ- Federal agencies work with the Office of Man- of an efficient, effective government. I urge my ten by the White House, as far as I can agement and Budget, OMB, to clearly identify colleagues to support this legislation. tell, to look more like his budget proc- outcome-based goals and then submit an ac- b 1520 ess procedures that he printed back in tion plan to achieve these goals. Agencies February; sent back to us so that we would be required to conduct quarterly per- Mr. CUELLAR. I yield back the bal- could make in statute what the Presi- formance assessments outlining how effec- ance of my time. The SPEAKER pro tempore. All time dent chooses to do. tively they are working to meet the stated for debate has expired. Madam Speaker, we are better than goals, and all information would be made Pursuant to House Resolution 1781, that. In the next Congress, I certainly available to Congress and the American peo- believe that if the House and the Sen- the previous question is ordered. ple. The question is on the motion by the ate have differences of opinions, it is In addition, the Government Accountability gentleman from Texas (Mr. CUELLAR). appropriate that it be worked out Office, GAO, would be tasked with performing The question was taken; and the through a process of conference and frequent and detailed evaluations outlining Speaker pro tempore announced that not simply take what the Senate sends how effective the agency has been in achiev- the ayes appeared to have it. in a closed rule without anything but ing their stated goals. This impartial review of Mr. ISSA. Madam Speaker, on that I meaningless debate. And, Madam Federal programs will assure that agencies demand the yeas and nays. Speaker, debate without the oppor- are being good stewards of our Federal tax- The yeas and nays were ordered. tunity to change one line is simply payer dollars. The SPEAKER pro tempore. Pursu- talking about a foregone conclusion I commend Representative CUELLAR for in- ant to the order of the House of today, that last Friday the votes were count- troducing this bill to ensure that Federal re- further proceedings on this question ed. sources are spent efficiently and waste is will be postponed. With that, Madam Speaker, I yield minimized. Now more than ever, while Amer- back the balance of my time hopefully ican families are cutting extraneous expenses f for this lame duck session. from their budgets, the Federal Government FDA FOOD SAFETY Mr. CUELLAR. Madam Speaker, I must do the same. I hope that all of my col- MODERNIZATION ACT thank the gentleman for being brief. I leagues will join with me in supporting this im- Mr. DINGELL. Mr. Speaker, pursu- appreciate his consideration. portant effort. ant to House Resolution 1781, I call up I wrote my dissertation on perform- Mr. TOWNS. Madam Speaker, I rise in sup- the bill (H.R. 2751) to accelerate motor ance-based budgets in a comparative port of H.R. 2142, the Government Efficiency, fuel savings nationwide and provide in- study of 50 States. I added about 99 per- Effectiveness, and Performance Improvement centives to registered owners of high cent of all the performance-based budg- Act. I applaud Representative CUELLAR for his polluting automobiles to replace such eting in Texas right before President Herculean efforts in getting this bill through the automobiles with new fuel efficient and Bush was the Governor there. process. less polluting automobiles, with the I know this legislation, and this leg- This is a common sense bill that will im- Senate amendments thereto, and I islation is probably the largest change prove the performance of the Federal Govern- have a motion at the desk. we have had since 1993. Members, this ment. This bill was approved by the Com- The Clerk read the title of the bill. is a bipartisan bill supported by both mittee on Oversight and Government Reform The SPEAKER pro tempore. The Democrats and Republicans in the by voice vote on May 20, 2010. The House Clerk will designate the Senate (Mr. House and the Senate. So, Madam passed the bill by voice vote on June 16, CUELLAR) amendments. Speaker, again, I urge all Members to 2010. The Senate amended the bill and The text of the Senate amendments support H.R. 2142. passed it by unanimous consent on December is as follows: Mr. PLATTS. Madam Speaker, I rise in sup- 16, 2010. Senate amendments: port of this Senate-House compromise legisla- H.R. 2142 modernizes and strengthens the Strike all after the enacting clause and in- tion, which takes important steps to eliminate Government Performance and Results Act of sert the following: Federal Government waste. For 4 years I 1993. This bill requires the Office of Manage- SECTION 1. SHORT TITLE; REFERENCES; TABLE served as the Chairman of the Oversight and ment and Budget to develop governmentwide OF CONTENTS. Government Reform Subcommittee on Gov- priority goals that cut across agency pro- (a) SHORT TITLE.—This Act may be cited as ernment Management, Finance, and Account- grams. This will help agencies work together the ‘‘FDA Food Safety Modernization Act’’. (b) REFERENCES.—Except as otherwise speci- ability, where I focused my efforts on making to reduce duplication and improve efficiencies. fied, whenever in this Act an amendment is ex- the Federal Government more accountable. This bill requires each agency to identify pressed in terms of an amendment to a section or My Subcommittee held numerous hearings in performance goals and to perform frequent other provision, the reference shall be consid- which, all too often, accounting errors such as performance reviews. This will provide agen- ered to be made to a section or other provision overpayment for services or redundant pay- cies and Congress with the information need- of the Federal Food, Drug, and Cosmetic Act (21 ments were discovered or where programs ed to make responsible decisions regarding U.S.C. 301 et seq.). were not effectively fulfilling their intended mis- priorities and resources. The Senate amend- (c) TABLE OF CONTENTS.—The table of con- sion. ments to the bill will improve the transparency tents for this Act is as follows: At a time when the national debt is nearly of the performance management process by Sec. 1. Short title; references; table of contents. $14 trillion, it has never been more apparent establishing a single website that will allow TITLE I—IMPROVING CAPACITY TO that the Federal Government must spend tax- Congress and members of the public to ac- PREVENT FOOD SAFETY PROBLEMS payer dollars wisely. Federal programs must cess the results of performance assessments. Sec. 101. Inspections of records. Sec. 102. Registration of food facilities. be monitored to ensure that our investments This legislation provides greater account- Sec. 103. Hazard analysis and risk-based pre- are presenting clear results and those pro- ability by requiring agencies to consider input ventive controls. grams that are not performing effectively must from Congress and members of the public Sec. 104. Performance standards. be reformed or eliminated. One of the reasons when developing priorities and by requiring the Sec. 105. Standards for produce safety. that we find ourselves in such substantial debt Government Accountability Office to report to Sec. 106. Protection against intentional adulter- today is that Federal programs never end. Congress on agency implementation of this ation. Sec. 107. Authority to collect fees. Both high-performing and low-performing pro- legislation. Sec. 108. National agriculture and food defense grams continue on, year after year, often with The Senate amendments retain important strategy. increasing funds. The Federal Government provisions from the House-passed bill estab- Sec. 109. Food and Agriculture Coordinating needs a clear evaluation process for each pro- lishing performance improvement officers at Councils. gram, the results of which would be used to each agency and establishing a performance Sec. 110. Building domestic capacity. provide legislators with the information they improvement council. These are not new ideas Sec. 111. Sanitary transportation of food. need to determine which programs should as they were required by an Executive Order Sec. 112. Food allergy and anaphylaxis management. continue on and which should not. issued by President George W. Bush. Putting Sec. 113. New dietary ingredients. The legislation we are considering today, these provisions, as well as the rest of this bill Sec. 114. Requirement for guidance relating to similar to legislation that I introduced in the in statute will provide a certain framework for post harvest processing of raw 108th Congress, H.R. 3826, and the 109th both the current and future administrations. oysters.

VerDate Mar 15 2010 07:12 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00075 Fmt 4634 Sfmt 6343 E:\CR\FM\K21DE7.095 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8862 CONGRESSIONAL RECORD — HOUSE December 21, 2010 Sec. 115. Port shopping. similar manner, that are needed to assist the dence presented, that adequate grounds do not Sec. 116. Alcohol-related facilities. Secretary in determining whether there is a rea- exist to continue the suspension of the registra- TITLE II—IMPROVING CAPACITY TO DE- sonable probability that the use of or exposure tion. TECT AND RESPOND TO FOOD SAFETY to the food will cause serious adverse health ‘‘(3) POST-HEARING CORRECTIVE ACTION PLAN; PROBLEMS consequences or death to humans or animals. VACATING OF ORDER.— ‘‘(A) CORRECTIVE ACTION PLAN.—If, after pro- Sec. 201. Targeting of inspection resources for ‘‘(3) APPLICATION.—The requirement under viding opportunity for an informal hearing domestic facilities, foreign facili- paragraphs (1) and (2) applies to all records re- under paragraph (2), the Secretary determines ties, and ports of entry; annual lating to the manufacture, processing, packing, that the suspension of registration remains nec- report. distribution, receipt, holding, or importation of essary, the Secretary shall require the registrant Sec. 202. Laboratory accreditation for analyses such article maintained by or on behalf of such to submit a corrective action plan to dem- of foods. person in any format (including paper and elec- onstrate how the registrant plans to correct the Sec. 203. Integrated consortium of laboratory tronic formats) and at any location.’’. conditions found by the Secretary. The Sec- networks. (b) CONFORMING AMENDMENT.—Section retary shall review such plan not later than 14 Sec. 204. Enhancing tracking and tracing of 704(a)(1)(B) (21 U.S.C. 374(a)(1)(B)) is amended days after the submission of the corrective ac- food and recordkeeping. by striking ‘‘section 414 when’’ and all that fol- Sec. 205. Surveillance. lows through ‘‘subject to’’ and inserting ‘‘section plan or such other time period as deter- Sec. 206. Mandatory recall authority. tion 414, when the standard for records inspec- mined by the Secretary. Sec. 207. Administrative detention of food. tion under paragraph (1) or (2) of section 414(a) ‘‘(B) VACATING OF ORDER.—Upon a deter- Sec. 208. Decontamination and disposal stand- applies, subject to’’. mination by the Secretary that adequate ards and plans. SEC. 102. REGISTRATION OF FOOD FACILITIES. grounds do not exist to continue the suspension actions required by the order, or that such ac- Sec. 209. Improving the training of State, local, (a) UPDATING OF FOOD CATEGORY REGULA- tions should be modified, the Secretary shall territorial, and tribal food safety TIONS; BIENNIAL REGISTRATION RENEWAL.—Sec- officials. tion 415(a) (21 U.S.C. 350d(a)) is amended— promptly vacate the order and reinstate the reg- Sec. 210. Enhancing food safety. (1) in paragraph (2), by— istration of the facility subject to the order or Sec. 211. Improving the reportable food registry. (A) striking ‘‘conducts business and’’ and in- modify the order, as appropriate. ‘‘(4) EFFECT OF SUSPENSION.—If the registra- serting ‘‘conducts business, the e-mail address TITLE III—IMPROVING THE SAFETY OF tion of a facility is suspended under this sub- for the contact person of the facility or, in the IMPORTED FOOD section, no person shall import or export food case of a foreign facility, the United States Sec. 301. Foreign supplier verification program. into the United States from such facility, offer agent for the facility, and’’; and Sec. 302. Voluntary qualified importer program. to import or export food into the United States (B) inserting ‘‘, or any other food categories Sec. 303. Authority to require import certifi- from such facility, or otherwise introduce food as determined appropriate by the Secretary, in- cations for food. from such facility into interstate or intrastate cluding by guidance’’ after ‘‘Code of Federal Sec. 304. Prior notice of imported food ship- commerce in the United States. Regulations’’; ments. ‘‘(5) REGULATIONS.— (2) by redesignating paragraphs (3) and (4) as Sec. 305. Building capacity of foreign govern- ‘‘(A) IN GENERAL.—The Secretary shall pro- paragraphs (4) and (5), respectively; and ments with respect to food safety. mulgate regulations to implement this sub- (3) by inserting after paragraph (2) the fol- Sec. 306. Inspection of foreign food facilities. section. The Secretary may promulgate such lowing: Sec. 307. Accreditation of third-party auditors. regulations on an interim final basis. ‘‘(3) BIENNIAL REGISTRATION RENEWAL.—Dur- Sec. 308. Foreign offices of the Food and Drug ‘‘(B) REGISTRATION REQUIREMENT.—The Sec- Administration. ing the period beginning on October 1 and end- retary may require that registration under this Sec. 309. Smuggled food. ing on December 31 of each even-numbered year, section be submitted in an electronic format. TITLE IV—MISCELLANEOUS PROVISIONS a registrant that has submitted a registration Such requirement may not take effect before the under paragraph (1) shall submit to the Sec- date that is 5 years after the date of enactment Sec. 401. Funding for food safety. retary a renewal registration containing the in- Sec. 402. Employee protections. of the FDA Food Safety Modernization Act. formation described in paragraph (2). The Sec- ‘‘(6) APPLICATION DATE.—Facilities shall be Sec. 403. Jurisdiction; authorities. retary shall provide for an abbreviated registra- Sec. 404. Compliance with international agree- subject to the requirements of this subsection be- tion renewal process for any registrant that has ments. ginning on the earlier of— not had any changes to such information since Sec. 405. Determination of budgetary effects. ‘‘(A) the date on which the Secretary issues the registrant submitted the preceding registra- regulations under paragraph (5); or TITLE I—IMPROVING CAPACITY TO tion or registration renewal for the facility in- ‘‘(B) 180 days after the date of enactment of PREVENT FOOD SAFETY PROBLEMS volved.’’. the FDA Food Safety Modernization Act. SEC. 101. INSPECTIONS OF RECORDS. (b) SUSPENSION OF REGISTRATION.— ‘‘(7) NO DELEGATION.—The authority con- (a) IN GENERAL.—Section 414(a) (21 U.S.C. (1) IN GENERAL.—Section 415 (21 U.S.C. 350d) ferred by this subsection to issue an order to 350c(a)) is amended— is amended— suspend a registration or vacate an order of sus- (1) by striking the heading and all that fol- (A) in subsection (a)(2), by inserting after the pension shall not be delegated to any officer or lows through ‘‘of food is’’ and inserting the fol- first sentence the following: ‘‘The registration employee other than the Commissioner.’’. lowing: ‘‘RECORDS INSPECTION.— shall contain an assurance that the Secretary (2) SMALL ENTITY COMPLIANCE POLICY ‘‘(1) ADULTERATED FOOD.—If the Secretary will be permitted to inspect such facility at the GUIDE.—Not later than 180 days after the has a reasonable belief that an article of food, times and in the manner permitted by this Act.’’; issuance of the regulations promulgated under and any other article of food that the Secretary (B) by redesignating subsections (b) and (c) as section 415(b)(5) of the Federal Food, Drug, and reasonably believes is likely to be affected in a subsections (c) and (d), respectively; and Cosmetic Act (as added by this section), the Sec- similar manner, is’’; (C) by inserting after subsection (a) the fol- retary shall issue a small entity compliance pol- (2) by inserting ‘‘, and to any other article of lowing: icy guide setting forth in plain language the re- food that the Secretary reasonably believes is ‘‘(b) SUSPENSION OF REGISTRATION.— quirements of such regulations to assist small likely to be affected in a similar manner,’’ after ‘‘(1) IN GENERAL.—If the Secretary determines entities in complying with registration require- ‘‘relating to such article’’; that food manufactured, processed, packed, re- ments and other activities required under such (3) by striking the last sentence; and ceived, or held by a facility registered under this section. (4) by inserting at the end the following: section has a reasonable probability of causing (3) IMPORTED FOOD.—Section 801(l) (21 U.S.C. ‘‘(2) USE OF OR EXPOSURE TO FOOD OF CON- serious adverse health consequences or death to 381(l)) is amended by inserting ‘‘(or for which a CERN.—If the Secretary believes that there is a humans or animals, the Secretary may by order registration has been suspended under such sec- reasonable probability that the use of or expo- suspend the registration of a facility— tion)’’ after ‘‘section 415’’. sure to an article of food, and any other article ‘‘(A) that created, caused, or was otherwise (c) CLARIFICATION OF INTENT.— of food that the Secretary reasonably believes is responsible for such reasonable probability; or (1) RETAIL FOOD ESTABLISHMENT.—The Sec- likely to be affected in a similar manner, will ‘‘(B)(i) that knew of, or had reason to know retary shall amend the definition of the term cause serious adverse health consequences or of, such reasonable probability; and ‘‘retail food establishment’’ in section in death to humans or animals, each person (ex- ‘‘(ii) packed, received, or held such food. 1.227(b)(11) of title 21, Code of Federal Regula- cluding farms and restaurants) who manufac- ‘‘(2) HEARING ON SUSPENSION.—The Secretary tions to clarify that, in determining the primary tures, processes, packs, distributes, receives, shall provide the registrant subject to an order function of an establishment or a retail food es- holds, or imports such article shall, at the re- under paragraph (1) with an opportunity for an tablishment under such section, the sale of food quest of an officer or employee duly designated informal hearing, to be held as soon as possible products directly to consumers by such estab- by the Secretary, permit such officer or em- but not later than 2 business days after the lishment and the sale of food directly to con- ployee, upon presentation of appropriate cre- issuance of the order or such other time period, sumers by such retail food establishment in- dentials and a written notice to such person, at as agreed upon by the Secretary and the reg- clude— reasonable times and within reasonable limits istrant, on the actions required for reinstate- (A) the sale of such food products or food di- and in a reasonable manner, to have access to ment of registration and why the registration rectly to consumers by such establishment at a and copy all records relating to such article and that is subject to suspension should be rein- roadside stand or farmers’ market where such to any other article of food that the Secretary stated. The Secretary shall reinstate a registra- stand or market is located other than where the reasonably believes is likely to be affected in a tion if the Secretary determines, based on evi- food was manufactured or processed;

VerDate Mar 15 2010 05:52 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00076 Fmt 4634 Sfmt 6333 E:\CR\FM\A21DE7.056 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 21, 2010 CONGRESSIONAL RECORD — HOUSE H8863 (B) the sale and distribution of such food ‘‘(1) appropriate action is taken to reduce the lowing standards and regulations with respect through a community supported agriculture pro- likelihood of recurrence of the implementation to such facility: gram; and failure; ‘‘(A) The Seafood Hazard Analysis Critical (C) the sale and distribution of such food at ‘‘(2) all affected food is evaluated for safety; Control Points Program of the Food and Drug any other such direct sales platform as deter- and Administration. mined by the Secretary. ‘‘(3) all affected food is prevented from enter- ‘‘(B) The Juice Hazard Analysis Critical Con- (2) DEFINITIONS.—For purposes of paragraph ing into commerce if the owner, operator or trol Points Program of the Food and Drug Ad- (1)— agent in charge of such facility cannot ensure ministration. (A) the term ‘‘community supported agri- that the affected food is not adulterated under ‘‘(C) The Thermally Processed Low-Acid culture program’’ has the same meaning given section 402 or misbranded under section 403(w). Foods Packaged in Hermetically Sealed Con- the term ‘‘community supported agriculture ‘‘(f) VERIFICATION.—The owner, operator, or tainers standards of the Food and Drug Admin- (CSA) program’’ in section 249.2 of title 7, Code agent in charge of a facility shall verify that— istration (or any successor standards). of Federal Regulations (or any successor regula- ‘‘(1) the preventive controls implemented ‘‘(2) APPLICABILITY.—The exemption under tion); and under subsection (c) are adequate to control the paragraph (1)(C) shall apply only with respect (B) the term ‘‘consumer’’ does not include a hazards identified under subsection (b); to microbiological hazards that are regulated business. ‘‘(2) the owner, operator, or agent is con- under the standards for Thermally Processed (d) CONFORMING AMENDMENTS.— ducting monitoring in accordance with sub- Low-Acid Foods Packaged in Hermetically (1) Section 301(d) (21 U.S.C. 331(d)) is amend- section (d); Sealed Containers under part 113 of chapter 21, ed by inserting ‘‘415,’’ after ‘‘404,’’. ‘‘(3) the owner, operator, or agent is making Code of Federal Regulations (or any successor (2) Section 415(d), as redesignated by sub- appropriate decisions about corrective actions regulations). section (b), is amended by adding at the end be- taken under subsection (e); ‘‘(k) EXCEPTION FOR ACTIVITIES OF FACILITIES fore the period ‘‘for a facility to be registered, ‘‘(4) the preventive controls implemented SUBJECT TO SECTION 419.—This section shall not except with respect to the reinstatement of a under subsection (c) are effectively and signifi- apply to activities of a facility that are subject registration that is suspended under subsection cantly minimizing or preventing the occurrence to section 419. (b)’’. of identified hazards, including through the use ‘‘(l) MODIFIED REQUIREMENTS FOR QUALIFIED SEC. 103. HAZARD ANALYSIS AND RISK-BASED of environmental and product testing programs FACILITIES.— PREVENTIVE CONTROLS. and other appropriate means; and ‘‘(1) QUALIFIED FACILITIES.— (a) IN GENERAL.—Chapter IV (21 U.S.C. 341 et ‘‘(5) there is documented, periodic reanalysis ‘‘(A) IN GENERAL.—A facility is a qualified fa- seq.) is amended by adding at the end the fol- of the plan under subsection (i) to ensure that cility for purposes of this subsection if the facil- lowing: the plan is still relevant to the raw materials, ity meets the conditions under subparagraph (B) or (C). ‘‘SEC. 418. HAZARD ANALYSIS AND RISK-BASED conditions and processes in the facility, and PREVENTIVE CONTROLS. new and emerging threats. ‘‘(B) VERY SMALL BUSINESS.—A facility is a qualified facility under this subparagraph— ‘‘(a) IN GENERAL.—The owner, operator, or ‘‘(g) RECORDKEEPING.—The owner, operator, ‘‘(i) if the facility, including any subsidiary or agent in charge of a facility shall, in accord- or agent in charge of a facility shall maintain, affiliate of the facility, is, collectively, a very ance with this section, evaluate the hazards for not less than 2 years, records documenting small business (as defined in the regulations that could affect food manufactured, processed, the monitoring of the preventive controls imple- promulgated under subsection (n)); and packed, or held by such facility, identify and mented under subsection (c), instances of non- ‘‘(ii) in the case where the facility is a sub- implement preventive controls to significantly conformance material to food safety, the results sidiary or affiliate of an entity, if such subsidi- minimize or prevent the occurrence of such haz- of testing and other appropriate means of aries or affiliates, are, collectively, a very small ards and provide assurances that such food is verification under subsection (f)(4), instances when corrective actions were implemented, and business (as so defined). not adulterated under section 402 or misbranded ‘‘(C) LIMITED ANNUAL MONETARY VALUE OF under section 403(w), monitor the performance the efficacy of preventive controls and corrective actions. SALES.— of those controls, and maintain records of this ‘‘(i) IN GENERAL.—A facility is a qualified fa- ‘‘(h) WRITTEN PLAN AND DOCUMENTATION.— monitoring as a matter of routine practice. cility under this subparagraph if clause (ii) ap- ‘‘(b) HAZARD ANALYSIS.—The owner, operator, The owner, operator, or agent in charge of a facility shall prepare a written plan that docu- plies— or agent in charge of a facility shall— ‘‘(I) to the facility, including any subsidiary ments and describes the procedures used by the ‘‘(1) identify and evaluate known or reason- or affiliate of the facility, collectively; and facility to comply with the requirements of this ably foreseeable hazards that may be associated ‘‘(II) to the subsidiaries or affiliates, collec- section, including analyzing the hazards under with the facility, including— tively, of any entity of which the facility is a subsection (b) and identifying the preventive ‘‘(A) biological, chemical, physical, and radio- subsidiary or affiliate. logical hazards, natural toxins, pesticides, drug controls adopted under subsection (c) to address ‘‘(ii) AVERAGE ANNUAL MONETARY VALUE.— residues, decomposition, parasites, allergens, those hazards. Such written plan, together with This clause applies if— and unapproved food and color additives; and the documentation described in subsection (g), ‘‘(I) during the 3-year period preceding the ‘‘(B) hazards that occur naturally, or may be shall be made promptly available to a duly au- applicable calendar year, the average annual unintentionally introduced; and thorized representative of the Secretary upon monetary value of the food manufactured, proc- ‘‘(2) identify and evaluate hazards that may oral or written request. essed, packed, or held at such facility (or the be intentionally introduced, including by acts of ‘‘(i) REQUIREMENT TO REANALYZE.—The collective average annual monetary value of terrorism; and owner, operator, or agent in charge of a facility such food at any subsidiary or affiliate, as de- ‘‘(3) develop a written analysis of the hazards. shall conduct a reanalysis under subsection (b) scribed in clause (i)) that is sold directly to ‘‘(c) PREVENTIVE CONTROLS.—The owner, op- whenever a significant change is made in the qualified end-users during such period exceeded erator, or agent in charge of a facility shall activities conducted at a facility operated by the average annual monetary value of the food identify and implement preventive controls, in- such owner, operator, or agent if the change manufactured, processed, packed, or held at cluding at critical control points, if any, to pro- creates a reasonable potential for a new hazard such facility (or the collective average annual vide assurances that— or a significant increase in a previously identi- monetary value of such food at any subsidiary ‘‘(1) hazards identified in the hazard analysis fied hazard or not less frequently than once or affiliate, as so described) sold by such facility conducted under subsection (b)(1) will be signifi- every 3 years, whichever is earlier. Such rea- (or collectively by any such subsidiary or affil- cantly minimized or prevented; nalysis shall be completed and additional pre- iate) to all other purchasers during such period; ‘‘(2) any hazards identified in the hazard ventive controls needed to address the hazard and analysis conducted under subsection (b)(2) will identified, if any, shall be implemented before ‘‘(II) the average annual monetary value of be significantly minimized or prevented and ad- the change in activities at the facility is opera- all food sold by such facility (or the collective dressed, consistent with section 420, as applica- tive. Such owner, operator, or agent shall revise average annual monetary value of such food ble; and the written plan required under subsection (h) if sold by any subsidiary or affiliate, as described ‘‘(3) the food manufactured, processed, such a significant change is made or document in clause (i)) during such period was less than packed, or held by such facility will not be adul- the basis for the conclusion that no additional $500,000, adjusted for inflation. terated under section 402 or misbranded under or revised preventive controls are needed. The ‘‘(2) EXEMPTION.—A qualified facility— section 403(w). Secretary may require a reanalysis under this ‘‘(A) shall not be subject to the requirements ‘‘(d) MONITORING OF EFFECTIVENESS.—The section to respond to new hazards and develop- under subsections (a) through (i) and subsection owner, operator, or agent in charge of a facility ments in scientific understanding, including, as (n) in an applicable calendar year; and shall monitor the effectiveness of the preventive appropriate, results from the Department of ‘‘(B) shall submit to the Secretary— controls implemented under subsection (c) to Homeland Security biological, chemical, radio- ‘‘(i)(I) documentation that demonstrates that provide assurances that the outcomes described logical, or other terrorism risk assessment. the owner, operator, or agent in charge of the in subsection (c) shall be achieved. ‘‘(j) EXEMPTION FOR SEAFOOD, JUICE, AND facility has identified potential hazards associ- ‘‘(e) CORRECTIVE ACTIONS.—The owner, oper- LOW-ACID CANNED FOOD FACILITIES SUBJECT TO ated with the food being produced, is imple- ator, or agent in charge of a facility shall estab- HACCP.— menting preventive controls to address the haz- lish procedures to ensure that, if the preventive ‘‘(1) IN GENERAL.—This section shall not apply ards, and is monitoring the preventive controls controls implemented under subsection (c) are to a facility if the owner, operator, or agent in to ensure that such controls are effective; or not properly implemented or are found to be in- charge of such facility is required to comply ‘‘(II) documentation (which may include li- effective— with, and is in compliance with, 1 of the fol- censes, inspection reports, certificates, permits,

VerDate Mar 15 2010 05:52 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00077 Fmt 4634 Sfmt 6333 E:\CR\FM\A21DE7.056 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8864 CONGRESSIONAL RECORD — HOUSE December 21, 2010 credentials, certification by an appropriate Food Safety Modernization Act, the Secretary case of negotiated enforcement resolutions that agency (such as a State department of agri- shall submit to Congress a report that describes may require such a consultant or third party. culture), or other evidence of oversight), as spec- the results of the study conducted under sub- ‘‘(4) RULE OF CONSTRUCTION.—Nothing in this ified by the Secretary, that the facility is in paragraph (A). subsection shall be construed to provide the Sec- compliance with State, local, county, or other ‘‘(6) NO PREEMPTION.—Nothing in this sub- retary with the authority to prescribe specific applicable non-Federal food safety law; and section preempts State, local, county, or other technologies, practices, or critical controls for ‘‘(ii) documentation, as specified by the Sec- non-Federal law regarding the safe production an individual facility. retary in a guidance document issued not later of food. Compliance with this subsection shall ‘‘(5) REVIEW.—In promulgating the regula- than 1 year after the date of enactment of this not relieve any person from liability at common tions under paragraph (1)(A), the Secretary section, that the facility is a qualified facility law or under State statutory law. shall review regulatory hazard analysis and under paragraph (1)(B) or (1)(C). ‘‘(7) NOTIFICATION TO CONSUMERS.— preventive control programs in existence on the ‘‘(3) WITHDRAWAL; RULE OF CONSTRUCTION.— ‘‘(A) IN GENERAL.—A qualified facility that is date of enactment of the FDA Food Safety Mod- ‘‘(A) IN GENERAL.—In the event of an active exempt from the requirements under subsections ernization Act, including the Grade ‘A’ Pasteur- investigation of a foodborne illness outbreak (a) through (i) and subsection (n) and does not ized Milk Ordinance to ensure that such regula- that is directly linked to a qualified facility sub- prepare documentation under paragraph tions are consistent, to the extent practicable, ject to an exemption under this subsection, or if (2)(B)(i)(I) shall— with applicable domestic and internationally- the Secretary determines that it is necessary to ‘‘(i) with respect to a food for which a food recognized standards in existence on such date. protect the public health and prevent or miti- packaging label is required by the Secretary ‘‘(o) DEFINITIONS.—For purposes of this sec- gate a foodborne illness outbreak based on con- under any other provision of this Act, include tion: duct or conditions associated with a qualified prominently and conspicuously on such label ‘‘(1) CRITICAL CONTROL POINT.—The term ‘crit- facility that are material to the safety of the the name and business address of the facility ical control point’ means a point, step, or proce- food manufactured, processed, packed, or held where the food was manufactured or processed; dure in a food process at which control can be at such facility, the Secretary may withdraw or applied and is essential to prevent or eliminate the exemption provided to such facility under ‘‘(ii) with respect to a food for which a food a food safety hazard or reduce such hazard to this subsection. packaging label is not required by the Secretary an acceptable level. ‘‘(B) RULE OF CONSTRUCTION.—Nothing in this under any other provisions of this Act, promi- ‘‘(2) FACILITY.—The term ‘facility’ means a subsection shall be construed to expand or limit nently and conspicuously display, at the point domestic facility or a foreign facility that is re- the inspection authority of the Secretary. of purchase, the name and business address of quired to register under section 415. ‘‘(4) DEFINITIONS.—In this subsection: the facility where the food was manufactured or ‘‘(3) PREVENTIVE CONTROLS.—The term ‘pre- ‘‘(A) AFFILIATE.—The term ‘affiliate’ means processed, on a label, poster, sign, placard, or ventive controls’ means those risk-based, reason- any facility that controls, is controlled by, or is documents delivered contemporaneously with ably appropriate procedures, practices, and under common control with another facility. the food in the normal course of business, or, in processes that a person knowledgeable about the ‘‘(B) QUALIFIED END-USER.—The term ‘quali- the case of Internet sales, in an electronic no- safe manufacturing, processing, packing, or fied end-user’, with respect to a food, means— tice. holding of food would employ to significantly ‘‘(i) the consumer of the food; or ‘‘(B) NO ADDITIONAL LABEL.—Subparagraph minimize or prevent the hazards identified ‘‘(ii) a restaurant or retail food establishment (A) does not provide authority to the Secretary under the hazard analysis conducted under sub- (as those terms are defined by the Secretary for to require a label that is in addition to any label section (b) and that are consistent with the cur- purposes of section 415) that— required under any other provision of this Act. rent scientific understanding of safe food manu- ‘‘(I) is located— ‘‘(m) AUTHORITY WITH RESPECT TO CERTAIN ‘‘(aa) in the same State as the qualified facil- facturing, processing, packing, or holding at the FACILITIES.—The Secretary may, by regulation, ity that sold the food to such restaurant or es- time of the analysis. Those procedures, prac- exempt or modify the requirements for compli- tablishment; or tices, and processes may include the following: ance under this section with respect to facilities ‘‘(bb) not more than 275 miles from such facil- ‘‘(A) Sanitation procedures for food contact that are solely engaged in the production of ity; and surfaces and utensils and food-contact surfaces ‘‘(II) is purchasing the food for sale directly to food for animals other than man, the storage of of equipment. consumers at such restaurant or retail food es- raw agricultural commodities (other than fruits ‘‘(B) Supervisor, manager, and employee hy- tablishment. and vegetables) intended for further distribution giene training. ‘‘(C) CONSUMER.—For purposes of subpara- or processing, or the storage of packaged foods ‘‘(C) An environmental monitoring program to graph (B), the term ‘consumer’ does not include that are not exposed to the environment. verify the effectiveness of pathogen controls in a business. ‘‘(n) REGULATIONS.— processes where a food is exposed to a potential ‘‘(D) SUBSIDIARY.—The term ‘subsidiary’ ‘‘(1) IN GENERAL.—Not later than 18 months contaminant in the environment. means any company which is owned or con- after the date of enactment of the FDA Food ‘‘(D) A food allergen control program. trolled directly or indirectly by another com- Safety Modernization Act, the Secretary shall ‘‘(E) A recall plan. pany. promulgate regulations— ‘‘(F) Current Good Manufacturing Practices ‘‘(5) STUDY.— ‘‘(A) to establish science-based minimum (cGMPs) under part 110 of title 21, Code of Fed- ‘‘(A) IN GENERAL.—The Secretary, in consulta- standards for conducting a hazard analysis, eral Regulations (or any successor regulations). tion with the Secretary of Agriculture, shall documenting hazards, implementing preventive ‘‘(G) Supplier verification activities that relate conduct a study of the food processing sector controls, and documenting the implementation to the safety of food.’’. regulated by the Secretary to determine— of the preventive controls under this section; (b) GUIDANCE DOCUMENT.—The Secretary ‘‘(i) the distribution of food production by and shall issue a guidance document related to the type and size of operation, including monetary ‘‘(B) to define, for purposes of this section, the regulations promulgated under subsection (b)(1) value of food sold; terms ‘small business’ and ‘very small business’, with respect to the hazard analysis and preven- ‘‘(ii) the proportion of food produced by each taking into consideration the study described in tive controls under section 418 of the Federal type and size of operation; subsection (l)(5). Food, Drug, and Cosmetic Act (as added by sub- ‘‘(iii) the number and types of food facilities ‘‘(2) COORDINATION.—In promulgating the reg- section (a)). co-located on farms, including the number and ulations under paragraph (1)(A), with regard to (c) RULEMAKING.— proportion by commodity and by manufacturing hazards that may be intentionally introduced, (1) PROPOSED RULEMAKING.— or processing activity; including by acts of terrorism, the Secretary (A) IN GENERAL.—Not later than 9 months ‘‘(iv) the incidence of foodborne illness origi- shall coordinate with the Secretary of Homeland after the date of enactment of this Act, the Sec- nating from each size and type of operation and Security, as appropriate. retary of Health and Human Services (referred the type of food facilities for which no reported ‘‘(3) CONTENT.—The regulations promulgated to in this subsection as the ‘‘Secretary’’) shall or known hazard exists; and under paragraph (1)(A) shall— publish a notice of proposed rulemaking in the ‘‘(v) the effect on foodborne illness risk associ- ‘‘(A) provide sufficient flexibility to be prac- Federal Register to promulgate regulations with ated with commingling, processing, trans- ticable for all sizes and types of facilities, in- respect to— porting, and storing food and raw agricultural cluding small businesses such as a small food (i) activities that constitute on-farm packing commodities, including differences in risk based processing facility co-located on a farm; or holding of food that is not grown, raised, or on the scale and duration of such activities. ‘‘(B) comply with chapter 35 of title 44, United consumed on such farm or another farm under ‘‘(B) SIZE.—The results of the study con- States Code (commonly known as the ‘Paper- the same ownership for purposes of section 415 ducted under subparagraph (A) shall include work Reduction Act’), with special attention to of the Federal Food, Drug, and Cosmetic Act (21 the information necessary to enable the Sec- minimizing the burden (as defined in section U.S.C. 350d), as amended by this Act; and retary to define the terms ‘small business’ and 3502(2) of such Act) on the facility, and collec- (ii) activities that constitute on-farm manu- ‘very small business’, for purposes of promul- tion of information (as defined in section 3502(3) facturing or processing of food that is not con- gating the regulation under subsection (n). In of such Act), associated with such regulations; sumed on that farm or on another farm under defining such terms, the Secretary shall include ‘‘(C) acknowledge differences in risk and min- common ownership for purposes of such section consideration of harvestable acres, income, the imize, as appropriate, the number of separate 415. number of employees, and the volume of food standards that apply to separate foods; and (B) CLARIFICATION.—The rulemaking de- harvested. ‘‘(D) not require a facility to hire a consultant scribed under subparagraph (A) shall enhance ‘‘(C) SUBMISSION OF REPORT.—Not later than or other third party to identify, implement, cer- the implementation of such section 415 and clar- 18 months after the date of enactment the FDA tify, or audit preventative controls, except in the ify the activities that are included as part of the

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definition of the term ‘‘facility’’ under such sec- (f) NO EFFECT ON HACCP AUTHORITIES.— SEC. 105. STANDARDS FOR PRODUCE SAFETY. tion 415. Nothing in this Act authorizes the Sec- Nothing in the amendments made by this section (a) IN GENERAL.—Chapter IV (21 U.S.C. 341 et retary to modify the definition of the term ‘‘fa- limits the authority of the Secretary under the seq.), as amended by section 103, is amended by cility’’ under such section. Federal Food, Drug, and Cosmetic Act (21 adding at the end the following: (C) SCIENCE-BASED RISK ANALYSIS.—In pro- U.S.C. 301 et seq.) or the Public Health Service ‘‘SEC. 419. STANDARDS FOR PRODUCE SAFETY. mulgating regulations under subparagraph (A), Act (42 U.S.C. 201 et seq.) to revise, issue, or en- ‘‘(a) PROPOSED RULEMAKING.— the Secretary shall conduct a science-based risk force Hazard Analysis Critical Control programs ‘‘(1) IN GENERAL.— analysis of— and the Thermally Processed Low-Acid Foods ‘‘(A) RULEMAKING.—Not later than 1 year (i) specific types of on-farm packing or hold- Packaged in Hermetically Sealed Containers after the date of enactment of the FDA Food ing of food that is not grown, raised, or con- standards. Safety Modernization Act, the Secretary, in co- sumed on such farm or another farm under the (g) DIETARY SUPPLEMENTS.—Nothing in the ordination with the Secretary of Agriculture same ownership, as such packing and holding amendments made by this section shall apply to and representatives of State departments of ag- relates to specific foods; and any facility with regard to the manufacturing, riculture (including with regard to the national (ii) specific on-farm manufacturing and proc- processing, packing, or holding of a dietary sup- organic program established under the Organic essing activities as such activities relate to spe- plement that is in compliance with the require- Foods Production Act of 1990), and in consulta- cific foods that are not consumed on that farm ments of sections 402(g)(2) and 761 of the Fed- tion with the Secretary of Homeland Security, or on another farm under common ownership. eral Food, Drug, and Cosmetic Act (21 U.S.C. shall publish a notice of proposed rulemaking to (D) AUTHORITY WITH RESPECT TO CERTAIN FA- 342(g)(2), 379aa–1). establish science-based minimum standards for CILITIES.— (h) UPDATING GUIDANCE RELATING TO FISH the safe production and harvesting of those (i) IN GENERAL.—In promulgating the regula- AND FISHERIES PRODUCTS HAZARDS AND CON- types of fruits and vegetables, including specific tions under subparagraph (A), the Secretary TROLS.—The Secretary shall, not later than 180 mixes or categories of fruits and vegetables, that shall consider the results of the science-based days after the date of enactment of this Act, up- are raw agricultural commodities for which the risk analysis conducted under subparagraph date the Fish and Fisheries Products Hazards Secretary has determined that such standards (C), and shall exempt certain facilities from the and Control Guidance to take into account ad- minimize the risk of serious adverse health con- requirements in section 418 of the Federal Food, vances in technology that have occurred since sequences or death. Drug, and Cosmetic Act (as added by this sec- the previous publication of such Guidance by ‘‘(B) DETERMINATION BY SECRETARY.—With tion), including hazard analysis and preventive the Secretary. respect to small businesses and very small busi- controls, and the mandatory inspection fre- (i) EFFECTIVE DATES.— nesses (as such terms are defined in the regula- quency in section 421 of such Act (as added by (1) GENERAL RULE.—The amendments made by tion promulgated under subparagraph (A)) that section 201), or modify the requirements in such this section shall take effect 18 months after the produce and harvest those types of fruits and sections 418 or 421, as the Secretary determines date of enactment of this Act. vegetables that are raw agricultural commodities appropriate, if such facilities are engaged only (2) FLEXIBILITY FOR SMALL BUSINESSES.—Not- that the Secretary has determined are low risk in specific types of on-farm manufacturing, withstanding paragraph (1)— and do not present a risk of serious adverse processing, packing, or holding activities that (A) the amendments made by this section shall health consequences or death, the Secretary the Secretary determines to be low risk involving apply to a small business (as defined in the reg- may determine not to include production and specific foods the Secretary determines to be low ulations promulgated under section 418(n) of the harvesting of such fruits and vegetables in such risk. Federal Food, Drug, and Cosmetic Act (as added rulemaking, or may modify the applicable re- (ii) LIMITATION.—The exemptions or modifica- by this section)) beginning on the date that is 6 quirements of regulations promulgated pursuant tions under clause (i) shall not include an ex- months after the effective date of such regula- to this section. emption from the requirement to register under tions; and ‘‘(2) PUBLIC INPUT.—During the comment pe- section 415 of the Federal Food, Drug, and Cos- (B) the amendments made by this section shall riod on the notice of proposed rulemaking under metic Act (21 U.S.C. 350d), as amended by this apply to a very small business (as defined in paragraph (1), the Secretary shall conduct not Act, if applicable, and shall apply only to small such regulations) beginning on the date that is less than 3 public meetings in diverse geo- businesses and very small businesses, as defined 18 months after the effective date of such regu- graphical areas of the United States to provide in the regulation promulgated under section lations. persons in different regions an opportunity to 418(n) of the Federal Food, Drug, and Cosmetic SEC. 104. PERFORMANCE STANDARDS. comment. Act (as added under subsection (a)). (a) IN GENERAL.—The Secretary shall, in co- ‘‘(3) CONTENT.—The proposed rulemaking (2) FINAL REGULATIONS.—Not later than 9 ordination with the Secretary of Agriculture, under paragraph (1) shall— months after the close of the comment period for not less frequently than every 2 years, review ‘‘(A) provide sufficient flexibility to be appli- the proposed rulemaking under paragraph (1), and evaluate relevant health data and other rel- cable to various types of entities engaged in the the Secretary shall adopt final rules with re- evant information, including from toxicological production and harvesting of fruits and vegeta- spect to— and epidemiological studies and analyses, cur- bles that are raw agricultural commodities, in- (A) activities that constitute on-farm packing rent Good Manufacturing Practices issued by cluding small businesses and entities that sell or holding of food that is not grown, raised, or the Secretary relating to food, and relevant rec- directly to consumers, and be appropriate to the consumed on such farm or another farm under ommendations of relevant advisory committees, scale and diversity of the production and har- the same ownership for purposes of section 415 including the Food Advisory Committee, to de- vesting of such commodities; of the Federal Food, Drug, and Cosmetic Act (21 termine the most significant foodborne contami- ‘‘(B) include, with respect to growing, har- U.S.C. 350d), as amended by this Act; nants. vesting, sorting, packing, and storage oper- (B) activities that constitute on-farm manu- (b) GUIDANCE DOCUMENTS AND REGULA- ations, science-based minimum standards re- facturing or processing of food that is not con- TIONS.—Based on the review and evaluation lated to soil amendments, hygiene, packaging, sumed on that farm or on another farm under conducted under subsection (a), and when ap- temperature controls, animals in the growing common ownership for purposes of such section propriate to reduce the risk of serious illness or area, and water; 415; and death to humans or animals or to prevent adul- ‘‘(C) consider hazards that occur naturally, (C) the requirements under sections 418 and teration of the food under section 402 of the may be unintentionally introduced, or may be 421 of the Federal Food, Drug, and Cosmetic Federal Food, Drug, or Cosmetic Act (21 U.S.C. intentionally introduced, including by acts of Act, as added by this Act, from which the Sec- 342) or to prevent the spread by food of commu- terrorism; retary may issue exemptions or modifications of nicable disease under section 361 of the Public ‘‘(D) take into consideration, consistent with the requirements for certain types of facilities. Health Service Act (42 U.S.C. 264), the Secretary ensuring enforceable public health protection, (d) SMALL ENTITY COMPLIANCE POLICY shall issue contaminant-specific and science- conservation and environmental practice stand- GUIDE.—Not later than 180 days after the based guidance documents, including guidance ards and policies established by Federal natural issuance of the regulations promulgated under documents regarding action levels, or regula- resource conservation, wildlife conservation, subsection (n) of section 418 of the Federal tions. Such guidance, including guidance re- and environmental agencies; Food, Drug, and Cosmetic Act (as added by sub- garding action levels, or regulations— ‘‘(E) in the case of production that is certified section (a)), the Secretary shall issue a small en- (1) shall apply to products or product classes; organic, not include any requirements that con- tity compliance policy guide setting forth in (2) shall, where appropriate, differentiate be- flict with or duplicate the requirements of the plain language the requirements of such section tween food for human consumption and food in- national organic program established under the 418 and this section to assist small entities in tended for consumption by animals other than Organic Foods Production Act of 1990, while complying with the hazard analysis and other humans; and providing the same level of public health protec- activities required under such section 418 and (3) shall not be written to be facility-specific. tion as the requirements under guidance docu- this section. (c) NO DUPLICATION OF EFFORTS.—The Sec- ments, including guidance documents regarding (e) PROHIBITED ACTS.—Section 301 (21 U.S.C. retary shall coordinate with the Secretary of action levels, and regulations under the FDA 331) is amended by adding at the end the fol- Agriculture to avoid issuing duplicative guid- Food Safety Modernization Act; and lowing: ance on the same contaminants. ‘‘(F) define, for purposes of this section, the ‘‘(uu) The operation of a facility that manu- (d) REVIEW.—The Secretary shall periodically terms ‘small business’ and ‘very small business’ factures, processes, packs, or holds food for sale review and revise, as appropriate, the guidance ‘‘(4) PRIORITIZATION.—The Secretary shall in the United States if the owner, operator, or documents, including guidance documents reprioritize the implementation of the regulations agent in charge of such facility is not in compli- garding action levels, or regulations promul- under this section for specific fruits and vegeta- ance with section 418.’’. gated under this section. bles that are raw agricultural commodities based

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on known risks which may include a history ‘‘(2) VARIANCES.— by such farm directly to qualified end-users dur- and severity of foodborne illness outbreaks. ‘‘(A) REQUESTS FOR VARIANCES.—A State or ing such period exceeded the average annual ‘‘(b) FINAL REGULATION.— foreign country from which food is imported monetary value of the food sold by such farm to ‘‘(1) IN GENERAL.—Not later than 1 year after into the United States may in writing request a all other buyers during such period; and the close of the comment period for the proposed variance from the Secretary. Such request shall ‘‘(B) the average annual monetary value of rulemaking under subsection (a), the Secretary describe the variance requested and present in- all food sold during such period was less than shall adopt a final regulation to provide for formation demonstrating that the variance does $500,000, adjusted for inflation. minimum science-based standards for those not increase the likelihood that the food for ‘‘(2) NOTIFICATION TO CONSUMERS.— types of fruits and vegetables, including specific which the variance is requested will be adulter- ‘‘(A) IN GENERAL.—A farm that is exempt from mixes or categories of fruits or vegetables, that ated under section 402, and that the variance the requirements under this section shall— are raw agricultural commodities, based on provides the same level of public health protec- ‘‘(i) with respect to a food for which a food known safety risks, which may include a history tion as the requirements of the regulations packaging label is required by the Secretary of foodborne illness outbreaks. adopted under subsection (b). The Secretary under any other provision of this Act, include ‘‘(2) FINAL REGULATION.—The final regulation shall review such requests in a reasonable time- prominently and conspicuously on such label shall— frame. the name and business address of the farm ‘‘(A) provide for coordination of education ‘‘(B) APPROVAL OF VARIANCES.—The Secretary where the produce was grown; or and enforcement activities by State and local of- may approve a variance in whole or in part, as ‘‘(ii) with respect to a food for which a food ficials, as designated by the Governors of the re- appropriate, and may specify the scope of appli- packaging label is not required by the Secretary spective States or the appropriate elected State cability of a variance to other similarly situated under any other provision of this Act, promi- official as recognized by State statute; and persons. nently and conspicuously display, at the point ‘‘(B) include a description of the variance ‘‘(C) DENIAL OF VARIANCES.—The Secretary of purchase, the name and business address of process under subsection (c) and the types of may deny a variance request if the Secretary de- the farm where the produce was grown, on a permissible variances the Secretary may grant. termines that such variance is not reasonably label, poster, sign, placard, or documents deliv- ‘‘(3) FLEXIBILITY FOR SMALL BUSINESSES.— likely to ensure that the food is not adulterated ered contemporaneously with the food in the Notwithstanding paragraph (1)— under section 402 and is not reasonably likely to normal course of business, or, in the case of ‘‘(A) the regulations promulgated under this provide the same level of public health protec- Internet sales, in an electronic notice. section shall apply to a small business (as de- tion as the requirements of the regulation adopt- ‘‘(B) NO ADDITIONAL LABEL.—Subparagraph fined in the regulation promulgated under sub- ed under subsection (b). The Secretary shall no- (A) does not provide authority to the Secretary section (a)(1)) after the date that is 1 year after tify the person requesting such variance of the to require a label that is in addition to any label the effective date of the final regulation under reasons for the denial. required under any other provision of this Act. paragraph (1); and ‘‘(D) MODIFICATION OR REVOCATION OF A ‘‘(3) WITHDRAWAL; RULE OF CONSTRUCTION.— ‘‘(B) the regulations promulgated under this VARIANCE.—The Secretary, after notice and an ‘‘(A) IN GENERAL.—In the event of an active section shall apply to a very small business (as opportunity for a hearing, may modify or revoke investigation of a foodborne illness outbreak defined in the regulation promulgated under a variance if the Secretary determines that such that is directly linked to a farm subject to an ex- subsection (a)(1)) after the date that is 2 years variance is not reasonably likely to ensure that emption under this subsection, or if the Sec- after the effective date of the final regulation the food is not adulterated under section 402 retary determines that it is necessary to protect under paragraph (1). and is not reasonably likely to provide the same the public health and prevent or mitigate a ‘‘(c) CRITERIA.— level of public health protection as the require- foodborne illness outbreak based on conduct or ‘‘(1) IN GENERAL.—The regulations adopted ments of the regulations adopted under sub- conditions associated with a farm that are material to the safety of the food produced or har- under subsection (b) shall— section (b). ‘‘(A) set forth those procedures, processes, and ‘‘(d) ENFORCEMENT.—The Secretary may co- vested at such farm, the Secretary may with- practices that the Secretary determines to mini- ordinate with the Secretary of Agriculture and, draw the exemption provided to such farm mize the risk of serious adverse health con- as appropriate, shall contract and coordinate under this subsection. ‘‘(B) RULE OF CONSTRUCTION.—Nothing in this sequences or death, including procedures, proc- with the agency or department designated by subsection shall be construed to expand or limit esses, and practices that the Secretary deter- the Governor of each State to perform activities the inspection authority of the Secretary. mines to be reasonably necessary to prevent the to ensure compliance with this section. ‘‘(4) DEFINITIONS.— introduction of known or reasonably foreseeable ‘‘(e) GUIDANCE.— ‘‘(A) QUALIFIED END-USER.—In this sub- biological, chemical, and physical hazards, in- ‘‘(1) IN GENERAL.—Not later than 1 year after section, the term ‘qualified end-user’, with re- cluding hazards that occur naturally, may be the date of enactment of the FDA Food Safety spect to a food means— unintentionally introduced, or may be inten- Modernization Act, the Secretary shall publish, tionally introduced, including by acts of ter- ‘‘(i) the consumer of the food; or after consultation with the Secretary of Agri- ‘‘(ii) a restaurant or retail food establishment rorism, into fruits and vegetables, including spe- culture, representatives of State departments of (as those terms are defined by the Secretary for cific mixes or categories of fruits and vegetables, agriculture, farmer representatives, and various purposes of section 415) that is located— that are raw agricultural commodities and to types of entities engaged in the production and ‘‘(I) in the same State as the farm that pro- provide reasonable assurances that the produce harvesting or importing of fruits and vegetables duced the food; or is not adulterated under section 402; that are raw agricultural commodities, includ- ‘‘(II) not more than 275 miles from such farm. ‘‘(B) provide sufficient flexibility to be prac- ing small businesses, updated good agricultural ‘‘(B) CONSUMER.—For purposes of subpara- ticable for all sizes and types of businesses, in- practices and guidance for the safe production graph (A), the term ‘consumer’ does not include cluding small businesses such as a small food and harvesting of specific types of fresh produce a business. processing facility co-located on a farm; under this section. ‘‘(5) NO PREEMPTION.—Nothing in this sub- ‘‘(C) comply with chapter 35 of title 44, United ‘‘(2) PUBLIC MEETINGS.—The Secretary shall section preempts State, local, county, or other States Code (commonly known as the ‘Paper- conduct not fewer than 3 public meetings in di- non-Federal law regarding the safe production, work Reduction Act’), with special attention to verse geographical areas of the United States as harvesting, holding, transportation, and sale of minimizing the burden (as defined in section part of an effort to conduct education and out- fresh fruits and vegetables. Compliance with 3502(2) of such Act) on the business, and collec- reach regarding the guidance described in para- this subsection shall not relieve any person from tion of information (as defined in section 3502(3) graph (1) for persons in different regions who liability at common law or under State statutory of such Act), associated with such regulations; are involved in the production and harvesting of law. ‘‘(D) acknowledge differences in risk and min- fruits and vegetables that are raw agricultural ‘‘(6) LIMITATION OF EFFECT.—Nothing in this imize, as appropriate, the number of separate commodities, including persons that sell directly subsection shall prevent the Secretary from exer- standards that apply to separate foods; and to consumers and farmer representatives, and cising any authority granted in the other sec- ‘‘(E) not require a business to hire a consult- for importers of fruits and vegetables that are tions of this Act. ant or other third party to identify, implement, raw agricultural commodities. ‘‘(g) CLARIFICATION.—This section shall not certify, compliance with these procedures, proc- ‘‘(3) PAPERWORK REDUCTION.—The Secretary apply to produce that is produced by an indi- esses, and practices, except in the case of nego- shall ensure that any updated guidance under vidual for personal consumption. tiated enforcement resolutions that may require this section will— ‘‘(h) EXCEPTION FOR ACTIVITIES OF FACILITIES such a consultant or third party; and ‘‘(A) provide sufficient flexibility to be prac- SUBJECT TO SECTION 418.—This section shall not ‘‘(F) permit States and foreign countries from ticable for all sizes and types of facilities, in- apply to activities of a facility that are subject which food is imported into the United States to cluding small businesses such as a small food to section 418.’’. request from the Secretary variances from the processing facility co-located on a farm; and (b) SMALL ENTITY COMPLIANCE POLICY requirements of the regulations, subject to para- ‘‘(B) acknowledge differences in risk and min- GUIDE.—Not later than 180 days after the graph (2), where the State or foreign country imize, as appropriate, the number of separate issuance of regulations under section 419 of the determines that the variance is necessary in standards that apply to separate foods. Federal Food, Drug, and Cosmetic Act (as added light of local growing conditions and that the ‘‘(f) EXEMPTION FOR DIRECT FARM MAR- by subsection (a)), the Secretary of Health and procedures, processes, and practices to be fol- KETING.— Human Services shall issue a small entity com- lowed under the variance are reasonably likely ‘‘(1) IN GENERAL.—A farm shall be exempt pliance policy guide setting forth in plain lan- to ensure that the produce is not adulterated from the requirements under this section in a guage the requirements of such section 419 and under section 402 and to provide the same level calendar year if— to assist small entities in complying with stand- of public health protection as the requirements ‘‘(A) during the previous 3-year period, the ards for safe production and harvesting and of the regulations adopted under subsection (b). average annual monetary value of the food sold other activities required under such section.

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(c) PROHIBITED ACTS.—Section 301 (21 U.S.C. of Health and Human Services, in consultation ‘‘(ii) with respect to importers, 1 or more ex- 331), as amended by section 103, is amended by with the Secretary of Homeland Security and aminations conducted under section 801 subse- adding at the end the following: the Secretary of Agriculture, shall issue guid- quent to an examination conducted under such ‘‘(vv) The failure to comply with the require- ance documents related to protection against the provision which identified noncompliance mate- ments under section 419.’’. intentional adulteration of food, including miti- rially related to a food safety requirement of (d) NO EFFECT ON HACCP AUTHORITIES.— gation strategies or measures to guard against this Act, specifically to determine whether com- Nothing in the amendments made by this section such adulteration as required under section 420 pliance has been achieved to the Secretary’s sat- limits the authority of the Secretary under the of the Federal Food, Drug, and Cosmetic Act, as isfaction; Federal Food, Drug, and Cosmetic Act (21 added by subsection (a). ‘‘(B) the term ‘reinspection-related costs’ U.S.C. 301 et seq.) or the Public Health Service (2) CONTENT.—The guidance documents issued means all expenses, including administrative ex- Act (42 U.S.C. 201 et seq.) to revise, issue, or en- under paragraph (1) shall— penses, incurred in connection with— force product and category-specific regulations, (A) include a model assessment for a person to ‘‘(i) arranging, conducting, and evaluating such as the Seafood Hazard Analysis Critical use under subsection (b)(1) of section 420 of the the results of reinspections; and Controls Points Program, the Juice Hazard Federal Food, Drug, and Cosmetic Act, as added ‘‘(ii) assessing and collecting reinspection fees Analysis Critical Control Program, and the by subsection (a); under this section; and Thermally Processed Low-Acid Foods Packaged (B) include examples of mitigation strategies ‘‘(C) the term ‘responsible party’ has the in Hermetically Sealed Containers standards. or measures described in subsection (b)(2) of meaning given such term in section 417(a)(1). ‘‘(b) ESTABLISHMENT OF FEES.— such section; and SEC. 106. PROTECTION AGAINST INTENTIONAL ‘‘(1) IN GENERAL.—Subject to subsections (c) ADULTERATION. (C) specify situations in which the examples and (d), the Secretary shall establish the fees to of mitigation strategies or measures described in (a) IN GENERAL.—Chapter IV (21 U.S.C. 341 et be collected under this section for each fiscal subsection (b)(2) of such section are appropriate. seq.), as amended by section 105, is amended by year specified in subsection (a)(1), based on the (3) LIMITED DISTRIBUTION.—In the interest of adding at the end the following: methodology described under paragraph (2), and national security, the Secretary of Health and ‘‘SEC. 420. PROTECTION AGAINST INTENTIONAL shall publish such fees in a Federal Register no- Human Services, in consultation with the Sec- ADULTERATION. tice not later than 60 days before the start of retary of Homeland Security, may determine the ‘‘(a) DETERMINATIONS.— each such year. ‘‘(1) IN GENERAL.—The Secretary shall— time, manner, and form in which the guidance ‘‘(2) FEE METHODOLOGY.— ‘‘(A) conduct a vulnerability assessment of the documents issued under paragraph (1) are made ‘‘(A) FEES.—Fees amounts established for col- food system, including by consideration of the public, including by releasing such documents to lection— Department of Homeland Security biological, targeted audiences. ‘‘(i) under subparagraph (A) of subsection chemical, radiological, or other terrorism risk (c) PERIODIC REVIEW.—The Secretary of (a)(1) for a fiscal year shall be based on the Sec- assessments; Health and Human Services shall periodically retary’s estimate of 100 percent of the costs of ‘‘(B) consider the best available under- review and, as appropriate, update the regula- the reinspection-related activities (including by standing of uncertainties, risks, costs, and bene- tions under section 420(b) of the Federal Food, type or level of reinspection activity, as the Sec- fits associated with guarding against inten- Drug, and Cosmetic Act, as added by subsection retary determines applicable) described in such tional adulteration of food at vulnerable points; (a), and the guidance documents under sub- subparagraph (A) for such year; and section (b). ‘‘(ii) under subparagraph (B) of subsection ‘‘(C) determine the types of science-based miti- (d) PROHIBITED ACTS.—Section 301 (21 U.S.C. (a)(1) for a fiscal year shall be based on the Sec- gation strategies or measures that are necessary 331 et seq.), as amended by section 105, is retary’s estimate of 100 percent of the costs of to protect against the intentional adulteration amended by adding at the end the following: the activities described in such subparagraph of food. ‘‘(ww) The failure to comply with section (B) for such year; ‘‘(2) LIMITED DISTRIBUTION.—In the interest of 420.’’. ‘‘(iii) under subparagraph (C) of subsection national security, the Secretary, in consultation SEC. 107. AUTHORITY TO COLLECT FEES. (a)(1) for a fiscal year shall be based on the Sec- with the Secretary of Homeland Security, may (a) FEES FOR REINSPECTION, RECALL, AND IM- retary’s estimate of 100 percent of the costs of determine the time, manner, and form in which PORTATION ACTIVITIES.—Subchapter C of chap- the activities described in such subparagraph determinations made under paragraph (1) are ter VII (21 U.S.C. 379f et seq.) is amended by (C) for such year; and made publicly available. adding at the end the following: ‘‘(iv) under subparagraph (D) of subsection ‘‘(b) REGULATIONS.—Not later than 18 months (a)(1) for a fiscal year shall be based on the Sec- ‘‘PART 6—FEES RELATED TO FOOD after the date of enactment of the FDA Food retary’s estimate of 100 percent of the costs of Safety Modernization Act, the Secretary, in co- ‘‘SEC. 743. AUTHORITY TO COLLECT AND USE the activities described in such subparagraph ordination with the Secretary of Homeland Se- FEES. (D) for such year. curity and in consultation with the Secretary of ‘‘(a) IN GENERAL.— ‘‘(B) OTHER CONSIDERATIONS.— Agriculture, shall promulgate regulations to ‘‘(1) PURPOSE AND AUTHORITY.—For fiscal ‘‘(i) VOLUNTARY QUALIFIED IMPORTER PRO- protect against the intentional adulteration of year 2010 and each subsequent fiscal year, the GRAM.—In establishing the fee amounts under food subject to this Act. Such regulations Secretary shall, in accordance with this section, subparagraph (A)(iii) for a fiscal year, the Sec- shall— assess and collect fees from— retary shall provide for the number of importers ‘‘(1) specify how a person shall assess whether ‘‘(A) the responsible party for each domestic who have submitted to the Secretary a notice the person is required to implement mitigation facility (as defined in section 415(b)) and the under section 806(c) informing the Secretary of strategies or measures intended to protect United States agent for each foreign facility the intent of such importer to participate in the against the intentional adulteration of food; subject to a reinspection in such fiscal year, to program under section 806 in such fiscal year. and cover reinspection-related costs for such year; ‘‘(II) RECOUPMENT.—In establishing the fee ‘‘(2) specify appropriate science-based mitiga- ‘‘(B) the responsible party for a domestic facil- amounts under subparagraph (A)(iii) for the tion strategies or measures to prepare and pro- ity (as defined in section 415(b)) and an im- first 5 fiscal years after the date of enactment of tect the food supply chain at specific vulnerable porter who does not comply with a recall order this section, the Secretary shall include in such points, as appropriate. under section 423 or under section 412(f) in such fee a reasonable surcharge that provides a ‘‘(c) APPLICABILITY.—Regulations promul- fiscal year, to cover food recall activities associ- recoupment of the costs expended by the Sec- gated under subsection (b) shall apply only to ated with such order performed by the Sec- retary to establish and implement the first year food for which there is a high risk of intentional retary, including technical assistance, follow-up of the program under section 806. contamination, as determined by the Secretary, effectiveness checks, and public notifications, ‘‘(ii) CREDITING OF FEES.—In establishing the in consultation with the Secretary of Homeland for such year; fee amounts under subparagraph (A) for a fiscal Security, under subsection (a), that could cause ‘‘(C) each importer participating in the vol- year, the Secretary shall provide for the cred- serious adverse health consequences or death to untary qualified importer program under section iting of fees from the previous year to the next humans or animals and shall include those 806 in such year, to cover the administrative year if the Secretary overestimated the amount foods— costs of such program for such year; and of fees needed to carry out such activities, and ‘‘(1) for which the Secretary has identified ‘‘(D) each importer subject to a reinspection in consider the need to account for any adjustment clear vulnerabilities (including short shelf-life or such fiscal year, to cover reinspection-related of fees and such other factors as the Secretary susceptibility to intentional contamination at costs for such year. determines appropriate. critical control points); and ‘‘(2) DEFINITIONS.—For purposes of this sec- ‘‘(iii) PUBLISHED GUIDELINES.—Not later than ‘‘(2) in bulk or batch form, prior to being tion— 180 days after the date of enactment of the FDA packaged for the final consumer. ‘‘(A) the term ‘reinspection’ means— Food Safety Modernization Act, the Secretary ‘‘(d) EXCEPTION.—This section shall not apply ‘‘(i) with respect to domestic facilities (as de- shall publish in the Federal Register a proposed to farms, except for those that produce milk. fined in section 415(b)), 1 or more inspections set of guidelines in consideration of the burden ‘‘(e) DEFINITION.—For purposes of this sec- conducted under section 704 subsequent to an of fee amounts on small business. Such consider- tion, the term ‘farm’ has the meaning given that inspection conducted under such provision ation may include reduced fee amounts for small term in section 1.227 of title 21, Code of Federal which identified noncompliance materially re- businesses. The Secretary shall provide for a pe- Regulations (or any successor regulation).’’. lated to a food safety requirement of this Act, riod of public comment on such guidelines. The (b) GUIDANCE DOCUMENTS.— specifically to determine whether compliance Secretary shall adjust the fee schedule for small (1) IN GENERAL.—Not later than 1 year after has been achieved to the Secretary’s satisfac- businesses subject to such fees only through no- the date of enactment of this Act, the Secretary tion; and tice and comment rulemaking.

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‘‘(3) USE OF FEES.—The Secretary shall make 30 days after it is due, such fee shall be treated Human Services and the Secretary of Agri- all of the fees collected pursuant to clause (i), as a claim of the United States Government sub- culture, in coordination with the Secretary of (ii), (iii), and (iv) of paragraph (2)(A) available ject to provisions of subchapter II of chapter 37 Homeland Security, shall revise and submit to solely to pay for the costs referred to in such of title 31, United States Code. the relevant committees of Congress the strat- clause (i), (ii), (iii), and (iv) of paragraph (2)(A), ‘‘(f) ANNUAL REPORT TO CONGRESS.—Not later egy. respectively. than 120 days after each fiscal year for which (5) CONSISTENCY WITH EXISTING PLANS.—The ‘‘(c) LIMITATIONS.— fees are assessed under this section, the Sec- strategy described in paragraph (1) shall be con- ‘‘(1) IN GENERAL.—Fees under subsection (a) retary shall submit a report to the Committee on sistent with— shall be refunded for a fiscal year beginning Health, Education, Labor, and Pensions of the (A) the National Incident Management Sys- after fiscal year 2010 unless the amount of the Senate and the Committee on Energy and Com- tem; total appropriations for food safety activities at merce of the House of Representatives, to in- (B) the National Response Framework; the Food and Drug Administration for such fis- clude a description of fees assessed and collected (C) the National Infrastructure Protection cal year (excluding the amount of fees appro- for each such year and a summary description Plan; priated for such fiscal year) is equal to or great- of the entities paying such fees and the types of (D) the National Preparedness Goals; and er than the amount of appropriations for food business in which such entities engage. (E) other relevant national strategies. safety activities at the Food and Drug Adminis- ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— (b) COMPONENTS.— tration for fiscal year 2009 (excluding the For fiscal year 2010 and each fiscal year there- (1) IN GENERAL.—The strategy shall include a amount of fees appropriated for such fiscal after, there is authorized to be appropriated for description of the process to be used by the De- year), multiplied by the adjustment factor under fees under this section an amount equal to the partment of Health and Human Services, the paragraph (3). total revenue amount determined under sub- Department of Agriculture, and the Department ‘‘(2) AUTHORITY.—If— section (b) for the fiscal year, as adjusted or of Homeland Security— ‘‘(A) the Secretary does not assess fees under otherwise affected under the other provisions of (A) to achieve each goal described in para- subsection (a) for a portion of a fiscal year be- this section.’’. graph (2); and cause paragraph (1) applies; and (b) EXPORT CERTIFICATION FEES FOR FOODS (B) to evaluate the progress made by Federal, ‘‘(B) at a later date in such fiscal year, such AND ANIMAL FEED.— State, local, and tribal governments towards the paragraph (1) ceases to apply, (1) AUTHORITY FOR EXPORT CERTIFICATIONS achievement of each goal described in para- FOR FOOD, INCLUDING ANIMAL FEED.—Section graph (2). the Secretary may assess and collect such fees 801(e)(4)(A) (21 U.S.C. 381(e)(4)(A)) is amend- (2) GOALS.—The strategy shall include a de- under subsection (a), without any modification ed— scription of the process to be used by the De- to the rate of such fees, notwithstanding the (A) in the matter preceding clause (i), by partment of Health and Human Services, the provisions of subsection (a) relating to the date striking ‘‘a drug’’ and inserting ‘‘a food, drug’’; Department of Agriculture, and the Department fees are to be paid. (B) in clause (i) by striking ‘‘exported drug’’ of Homeland Security to achieve the following ‘‘(3) ADJUSTMENT FACTOR.— and inserting ‘‘exported food, drug’’; and goals: ‘‘(A) IN GENERAL.—The adjustment factor de- (C) in clause (ii) by striking ‘‘the drug’’ each (A) PREPAREDNESS GOAL.—Enhance the prescribed in paragraph (1) shall be the total per- place it appears and inserting ‘‘the food, drug’’. paredness of the agriculture and food system centage change that occurred in the Consumer (2) CLARIFICATION OF CERTIFICATION.—Section by— Price Index for all urban consumers (all items; 801(e)(4) (21 U.S.C. 381(e)(4)) is amended by in- (i) conducting vulnerability assessments of the United States city average) for the 12-month pe- serting after subparagraph (B) the following agriculture and food system; riod ending June 30 preceding the fiscal year, new subparagraph: (ii) mitigating vulnerabilities of the system; but in no case shall such adjustment factor be ‘‘(C) For purposes of this paragraph, a certifi- (iii) improving communication and training negative. cation by the Secretary shall be made on such relating to the system; ‘‘(B) COMPOUNDED BASIS.—The adjustment basis, and in such form (including a publicly (iv) developing and conducting exercises to under subparagraph (A) made each fiscal year available listing) as the Secretary determines test decontamination and disposal plans; shall be added on a compounded basis to the appropriate.’’. (v) developing modeling tools to improve event sum of all adjustments made each fiscal year (3) LIMITATIONS ON THE USE AND AMOUNT OF consequence assessment and decision support; after fiscal year 2009. FEES.—Paragraph (4) of section 801(e) (21 U.S.C. and ‘‘(4) LIMITATION ON AMOUNT OF CERTAIN 381(e)) is amended by adding at the end the fol- (vi) preparing risk communication tools and FEES.— lowing: enhancing public awareness through outreach. ‘‘(A) IN GENERAL.—Notwithstanding any other ‘‘(D) With regard to fees pursuant to subpara- (B) DETECTION GOAL.—Improve agriculture provision of this section and subject to subparagraph (B) in connection with written export cer- and food system detection capabilities by— graph (B), the Secretary may not collect fees in tifications for food: (i) identifying contamination in food products a fiscal year such that the amount collected— ‘‘(i) Such fees shall be collected and available at the earliest possible time; and ‘‘(i) under subparagraph (B) of subsection solely for the costs of the Food and Drug Ad- (ii) conducting surveillance to prevent the (a)(1) exceeds $20,000,000; and ministration associated with issuing such certifi- spread of diseases. ‘‘(ii) under subparagraphs (A) and (D) of sub- cations. (C) EMERGENCY RESPONSE GOAL.—Ensure an section (a)(1) exceeds $25,000,000 combined. ‘‘(ii) Such fees may not be retained in an efficient response to agriculture and food emer- ‘‘(B) EXCEPTION.—If a domestic facility (as amount that exceeds such costs for the respec- gencies by— defined in section 415(b)) or an importer becomes tive fiscal year.’’ (i) immediately investigating animal disease subject to a fee described in subparagraph (A), SEC. 108. NATIONAL AGRICULTURE AND FOOD outbreaks and suspected food contamination; (B), or (D) of subsection (a)(1) after the max- DEFENSE STRATEGY. (ii) preventing additional human illnesses; imum amount of fees has been collected by the (a) DEVELOPMENT AND SUBMISSION OF STRAT- (iii) organizing, training, and equipping ani- Secretary under subparagraph (A), the Sec- EGY.— mal, plant, and food emergency response teams retary may collect a fee from such facility or im- (1) IN GENERAL.—Not later than 1 year after of— porter. the date of enactment of this Act, the Secretary (I) the Federal Government; and ‘‘(d) CREDITING AND AVAILABILITY OF FEES.— of Health and Human Services and the Sec- (II) State, local, and tribal governments; Fees authorized under subsection (a) shall be retary of Agriculture, in coordination with the (iv) designing, developing, and evaluating collected and available for obligation only to the Secretary of Homeland Security, shall prepare training and exercises carried out under agri- extent and in the amount provided in appro- and transmit to the relevant committees of Con- culture and food defense plans; and priations Acts. Such fees are authorized to re- gress, and make publicly available on the Inter- (v) ensuring consistent and organized risk main available until expended. Such sums as net Web sites of the Department of Health and communication to the public by— may be necessary may be transferred from the Human Services and the Department of Agri- (I) the Federal Government; Food and Drug Administration salaries and ex- culture, the National Agriculture and Food De- (II) State, local, and tribal governments; and penses account without fiscal year limitation to fense Strategy. (III) the private sector. such appropriation account for salaries and ex- (2) IMPLEMENTATION PLAN.—The strategy (D) RECOVERY GOAL.—Secure agriculture and penses with such fiscal year limitation. The shall include an implementation plan for use by food production after an agriculture or food sums transferred shall be available solely for the the Secretaries described under paragraph (1) in emergency by— purpose of paying the operating expenses of the carrying out the strategy. (i) working with the private sector to develop Food and Drug Administration employees and (3) RESEARCH.—The strategy shall include a business recovery plans to rapidly resume agri- contractors performing activities associated with coordinated research agenda for use by the Sec- culture, food production, and international these food safety fees. retaries described under paragraph (1) in con- trade; ‘‘(e) COLLECTION OF FEES.— ducting research to support the goals and activi- (ii) conducting exercises of the plans described ‘‘(1) IN GENERAL.—The Secretary shall specify ties described in paragraphs (1) and (2) of sub- in subparagraph (C) with the goal of long-term in the Federal Register notice described in subsection (b). recovery results; section (b)(1) the time and manner in which fees (4) REVISIONS.—Not later than 4 years after (iii) rapidly removing, and effectively dis- assessed under this section shall be collected. the date on which the strategy is submitted to posing of— ‘‘(2) COLLECTION OF UNPAID FEES.—In any the relevant committees of Congress under para- (I) contaminated agriculture and food prod- case where the Secretary does not receive pay- graph (1), and not less frequently than every 4 ucts; and ment of a fee assessed under this section within years thereafter, the Secretary of Health and (II) infected plants and animals; and

VerDate Mar 15 2010 05:52 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00082 Fmt 4634 Sfmt 6333 E:\CR\FM\A21DE7.057 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 21, 2010 CONGRESSIONAL RECORD — HOUSE H8869 (iv) decontaminating and restoring areas af- (E) Surveillance systems and laboratory net- oped under subsection (a)(1) an analysis of the fected by an agriculture or food emergency. works to rapidly detect and respond to Food and Drug Administration’s performance in (3) EVALUATION.—The Secretary, in coordina- foodborne illness outbreaks and other food-re- foodborne illness outbreaks during the 5-year tion with the Secretary of Agriculture and the lated hazards, including how such systems and period preceding the date of enactment of this Secretary of Homeland Security, shall— networks are integrated. Act involving fruits and vegetables that are raw (A) develop metrics to measure progress for the (F) Outreach, education, and training pro- agricultural commodities (as defined in section evaluation process described in paragraph vided to States and local governments to build 201(r) (21 U.S.C. 321(r)) and recommendations (1)(B); and State and local food safety and food defense ca- for enhanced surveillance, outbreak response, (B) report on the progress measured in sub- pabilities, including progress implementing and traceability. Such findings and rec- paragraph (A) as part of the National Agri- strategies developed under sections 108 and 205. ommendations shall address communication and culture and Food Defense strategy described in (G) The estimated resources needed to effec- coordination with the public, industry, and subsection (a)(1). tively implement the programs and practices State and local governments, as such commu- (c) LIMITED DISTRIBUTION.—In the interest of identified in the report developed in this section nication and coordination relates to outbreak national security, the Secretary of Health and over a 5-year period. identification and traceback. (H) The impact of requirements under this Act Human Services and the Secretary of Agri- (g) BIENNIAL FOOD SAFETY AND FOOD DE- (including amendments made by this Act) on culture, in coordination with the Secretary of FENSE RESEARCH PLAN.—The Secretary, the Sec- certified organic farms and facilities (as defined Homeland Security, may determine the manner retary of Agriculture, and the Secretary of and format in which the National Agriculture in section 415 (21 U.S.C. 350d). (I) Specific efforts taken pursuant to the Homeland Security shall, on a biennial basis, and Food Defense strategy established under submit to Congress a joint food safety and food this section is made publicly available on the agreements authorized under section 421(c) of the Federal Food, Drug, and Cosmetic Act (as defense research plan which may include study- Internet Web sites of the Department of Health ing the long-term health effects of foodborne ill- and Human Services, the Department of Home- added by section 201), together with, as necessary, a description of any additional authori- ness. Such biennial plan shall include a list and land Security, and the Department of Agri- description of projects conducted during the pre- culture, as described in subsection (a)(1). ties necessary to improve seafood safety. (2) BIENNIAL REPORTS.—On a biennial basis vious 2-year period and the plan for projects to SEC. 109. FOOD AND AGRICULTURE COORDI- following the submission of the report under be conducted during the subsequent 2-year pe- NATING COUNCILS. paragraph (1), the Secretary shall submit to riod. The Secretary of Homeland Security, in co- Congress a report that— (h) EFFECTIVENESS OF PROGRAMS ADMINIS- ordination with the Secretary of Health and (A) reviews previous food safety programs and TERED BY THE DEPARTMENT OF HEALTH AND Human Services and the Secretary of Agri- practices; HUMAN SERVICES.— culture, shall within 180 days of enactment of (B) outlines the success of those programs and (1) IN GENERAL.—To determine whether exist- this Act, and annually thereafter, submit to the practices; ing Federal programs administered by the De- relevant committees of Congress, and make pub- (C) identifies future programs and practices; partment of Health and Human Services are ef- licly available on the Internet Web site of the and fective in achieving the stated goals of such pro- Department of Homeland Security, a report on (D) includes information related to any matter grams, the Secretary shall, beginning not later the activities of the Food and Agriculture Gov- described in subparagraphs (A) through (H) of than 1 year after the date of enactment of this ernment Coordinating Council and the Food paragraph (1), as necessary. Act— and Agriculture Sector Coordinating Council, (b) RISK-BASED ACTIVITIES.—The report devel- (A) conduct an annual evaluation of each including the progress of such Councils on— oped under subsection (a)(1) shall describe program of such Department to determine the (1) facilitating partnerships between public methods that seek to ensure that resources effectiveness of each such program in achieving and private entities to help coordinate and en- available to the Secretary for food safety-related legislated intent, purposes, and objectives; and hance the protection of the agriculture and food activities are directed at those actions most like- (B) submit to Congress a report concerning system of the United States; ly to reduce risks from food, including the use of such evaluation. (2) providing for the regular and timely inter- preventive strategies and allocation of inspec- (2) CONTENT.—The report described under change of information between each council re- tion resources. The Secretary shall promptly un- paragraph (1)(B) shall— lating to the security of the agriculture and food dertake those risk-based actions that are identi- (A) include conclusions concerning the rea- system (including intelligence information); fied during the development of the report as sons that such existing programs have proven (3) identifying best practices and methods for likely to contribute to the safety and security of successful or not successful and what factors improving the coordination among Federal, the food supply. contributed to such conclusions; (c) CAPABILITY FOR LABORATORY ANALYSES; State, local, and private sector preparedness (B) include recommendations for consolidation RESEARCH.—The report developed under sub- and response plans for agriculture and food de- and elimination to reduce duplication and inef- section (a)(1) shall provide a description of fense; and ficiencies in such programs at such Department (4) recommending methods by which to protect methods to increase capacity to undertake anal- as identified during the evaluation conduct the economy and the public health of the United yses of food samples promptly after collection, to under this subsection; and States from the effects of— identify new and rapid analytical techniques, (C) be made publicly available in a publica- (A) animal or plant disease outbreaks; including commercially-available techniques tion entitled ‘‘Guide to the U.S. Department of (B) food contamination; and that can be employed at ports of entry and by Health and Human Services Programs’’. (C) natural disasters affecting agriculture and Food Emergency Response Network laboratories, (i) UNIQUE IDENTIFICATION NUMBERS.— food. and to provide for well-equipped and staffed (1) IN GENERAL.—Not later than 1 year after SEC. 110. BUILDING DOMESTIC CAPACITY. laboratory facilities and progress toward labora- the date of enactment of this Act, the Secretary, (a) IN GENERAL.— tory accreditation under section 422 of the Fed- acting through the Commissioner of Food and (1) INITIAL REPORT.—The Secretary, in coordi- eral Food, Drug, and Cosmetic Act (as added by Drugs, shall conduct a study regarding the need nation with the Secretary of Agriculture and section 202). for, and challenges associated with, develop- the Secretary of Homeland Security, shall, not (d) INFORMATION TECHNOLOGY.—The report ment and implementation of a program that re- later than 2 years after the date of enactment of developed under subsection (a)(1) shall include quires a unique identification number for each this Act, submit to Congress a comprehensive re- a description of such information technology food facility registered with the Secretary and, port that identifies programs and practices that systems as may be needed to identify risks and as appropriate, each broker that imports food are intended to promote the safety and supply receive data from multiple sources, including into the United States. Such study shall include chain security of food and to prevent outbreaks foreign governments, State, local, and tribal an evaluation of the costs associated with devel- of foodborne illness and other food-related haz- governments, other Federal agencies, the food opment and implementation of such a system, ards that can be addressed through preventive industry, laboratories, laboratory networks, and and make recommendations about what new au- activities. Such report shall include a descrip- consumers. The information technology systems thorities, if any, would be necessary to develop tion of the following: that the Secretary describes shall also provide and implement such a system. (A) Analysis of the need for further regula- for the integration of the facility registration (2) REPORT.—Not later than 15 months after tions or guidance to industry. system under section 415 of the Federal Food, the date of enactment of this Act, the Secretary (B) Outreach to food industry sectors, includ- Drug, and Cosmetic Act (21 U.S.C. 350d), and shall submit to Congress a report that describes ing through the Food and Agriculture Coordi- the prior notice system under section 801(m) of the findings of the study conducted under para- nating Councils referred to in section 109, to such Act (21 U.S.C. 381(m)) with other informa- graph (1) and that includes any recommenda- identify potential sources of emerging threats to tion technology systems that are used by the tions determined appropriate by the Secretary. the safety and security of the food supply and Federal Government for the processing of food preventive strategies to address those threats. offered for import into the United States. SEC. 111. SANITARY TRANSPORTATION OF FOOD. (C) Systems to ensure the prompt distribution (e) AUTOMATED RISK ASSESSMENT.—The report (a) IN GENERAL.—Not later than 18 months to the food industry of information and tech- developed under subsection (a)(1) shall include after the date of enactment of this Act, the Sec- nical assistance concerning preventive strate- a description of progress toward developing and retary shall promulgate regulations described in gies. improving an automated risk assessment system section 416(b) of the Federal Food, Drug, and (D) Communication systems to ensure that infor food safety surveillance and allocation of re- Cosmetic Act (21 U.S.C. 350e(b)). formation about specific threats to the safety sources. (b) FOOD TRANSPORTATION STUDY.—The Sec- and security of the food supply are rapidly and (f) TRACEBACK AND SURVEILLANCE REPORT.— retary, acting through the Commissioner of effectively disseminated. The Secretary shall include in the report devel- Food and Drugs, shall conduct a study of the

VerDate Mar 15 2010 05:52 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00083 Fmt 4634 Sfmt 6333 E:\CR\FM\A21DE7.057 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8870 CONGRESSIONAL RECORD — HOUSE December 21, 2010 transportation of food for consumption in the self-administration of medication by such chil- aware of, and given training on, when applica- United States, including transportation by air, dren in instances where— ble, the guidelines in place; and that includes an examination of the unique (i) the children are capable of self-admin- (IV) any other activities that the Secretary de- needs of rural and frontier areas with regard to istering medication; and termines appropriate; the delivery of safe food. (ii) such administration is not prohibited by (iii) an itemization of how grant funds re- SEC. 112. FOOD ALLERGY AND ANAPHYLAXIS State law. ceived under this subsection will be expended; MANAGEMENT. (C) Communication strategies between indi- (iv) a description of how adoption of the (a) DEFINITIONS.—In this section: vidual schools or early childhood education pro- guidelines and implementation of grant activi- (1) EARLY CHILDHOOD EDUCATION PROGRAM.— grams and providers of emergency medical serv- ties will be monitored; and The term ‘‘early childhood education program’’ ices, including appropriate instructions for (v) an agreement by the local educational means— emergency medical response. agency to report information required by the (A) a Head Start program or an Early Head (D) Strategies to reduce the risk of exposure to Secretary to conduct evaluations under this sub- Start program carried out under the Head Start anaphylactic causative agents in classrooms section. Act (42 U.S.C. 9831 et seq.); and common school or early childhood edu- (3) USE OF FUNDS.—Each local educational (B) a State licensed or regulated child care cation program areas such as cafeterias. agency that receives a grant under this sub- program or school; or (E) The dissemination of general information section may use the grant funds for the fol- (C) a State prekindergarten program that on life-threatening food allergies to school or lowing: serves children from birth through kindergarten. early childhood education program staff, par- (A) Purchase of materials and supplies, in- (2) ESEA DEFINITIONS.—The terms ‘‘local edu- ents, and children. cluding limited medical supplies such as epi- cational agency’’, ‘‘secondary school’’, ‘‘elemen- (F) Food allergy management training of nephrine and disposable wet wipes, to support tary school’’, and ‘‘parent’’ have the meanings school or early childhood education program carrying out the food allergy and anaphylaxis given the terms in section 9101 of the Elementary personnel who regularly come into contact with management guidelines described in subsection and Secondary Education Act of 1965 (20 U.S.C. children with life-threatening food allergies. (b). 7801). (G) The authorization and training of school (B) In partnership with local health depart- (3) SCHOOL.—The term ‘‘school’’ includes pub- or early childhood education program personnel ments, school nurse, teacher, and personnel lic— to administer epinephrine when the nurse is not training for food allergy management. (A) kindergartens; immediately available. (C) Programs that educate students as to the (B) elementary schools; and (H) The timely accessibility of epinephrine by presence of, and policies and procedures in (C) secondary schools. school or early childhood education program place related to, food allergies and anaphylactic (4) SECRETARY.—The term ‘‘Secretary’’ means personnel when the nurse is not immediately shock. the Secretary of Health and Human Services. available. (D) Outreach to parents. (b) ESTABLISHMENT OF VOLUNTARY FOOD AL- (I) The creation of a plan contained in each (E) Any other activities consistent with the LERGY AND ANAPHYLAXIS MANAGEMENT GUIDE- individual plan for food allergy management guidelines described in subsection (b). LINES.— that addresses the appropriate response to an (4) DURATION OF AWARDS.—The Secretary may (1) ESTABLISHMENT.— incident of anaphylaxis of a child while such award grants under this subsection for a period (A) IN GENERAL.—Not later than 1 year after child is engaged in extracurricular programs of of not more than 2 years. In the event the Sec- the date of enactment of this Act, the Secretary, a school or early childhood education program, retary conducts a program evaluation under in consultation with the Secretary of Education, such as non-academic outings and field trips, this subsection, funding in the second year of shall— before- and after-school programs or before- and the grant, where applicable, shall be contingent (i) develop guidelines to be used on a vol- after-early child education program programs, on a successful program evaluation by the Sec- untary basis to develop plans for individuals to and school-sponsored or early childhood edu- retary after the first year. manage the risk of food allergy and anaphylaxis cation program-sponsored programs held on (5) LIMITATION ON GRANT FUNDING.—The Sec- in schools and early childhood education pro- weekends. retary may not provide grant funding to a local grams; and (J) Maintenance of information for each ad- educational agency under this subsection after (ii) make such guidelines available to local ministration of epinephrine to a child at risk for such local educational agency has received 2 educational agencies, schools, early childhood anaphylaxis and prompt notification to parents. years of grant funding under this subsection. education programs, and other interested enti- (K) Other elements the Secretary determines (6) MAXIMUM AMOUNT OF ANNUAL AWARDS.—A ties and individuals to be implemented on a vol- necessary for the management of food allergies grant awarded under this subsection may not be untary basis only. and anaphylaxis in schools and early childhood made in an amount that is more than $50,000 (B) APPLICABILITY OF FERPA.—Each plan de- education programs. annually. scribed in subparagraph (A) that is developed (3) RELATION TO STATE LAW.—Nothing in this (7) PRIORITY.—In awarding grants under this for an individual shall be considered an edu- section or the guidelines developed by the Sec- subsection, the Secretary shall give priority to cation record for the purpose of section 444 of retary under paragraph (1) shall be construed to local educational agencies with the highest per- the General Education Provisions Act (com- preempt State law, including any State law re- centages of children who are counted under sec- monly referred to as the ‘‘Family Educational garding whether students at risk for anaphy- tion 1124(c) of the Elementary and Secondary Rights and Privacy Act of 1974’’) (20 U.S.C. laxis may self-administer medication. Education Act of 1965 (20 U.S.C. 6333(c)). 1232g). (c) SCHOOL-BASED FOOD ALLERGY MANAGE- (8) MATCHING FUNDS.— (2) CONTENTS.—The voluntary guidelines de- MENT GRANTS.— (A) IN GENERAL.—The Secretary may not veloped by the Secretary under paragraph (1) (1) IN GENERAL.—The Secretary may award award a grant under this subsection unless the shall address each of the following and may be grants to local educational agencies to assist local educational agency agrees that, with re- updated as the Secretary determines necessary: such agencies with implementing voluntary food spect to the costs to be incurred by such local (A) Parental obligation to provide the school allergy and anaphylaxis management guidelines educational agency in carrying out the grant or early childhood education program, prior to described in subsection (b). activities, the local educational agency shall the start of every school year, with— (2) APPLICATION.— make available (directly or through donations (i) documentation from their child’s physician (A) IN GENERAL.—To be eligible to receive a from public or private entities) non-Federal or nurse— grant under this subsection, a local educational funds toward such costs in an amount equal to (I) supporting a diagnosis of food allergy, and agency shall submit an application to the Sec- not less than 25 percent of the amount of the any risk of anaphylaxis, if applicable; retary at such time, in such manner, and in- grant. (II) identifying any food to which the child is cluding such information as the Secretary may (B) DETERMINATION OF AMOUNT OF NON-FED- allergic; reasonably require. ERAL CONTRIBUTION.—Non-Federal funds re- (III) describing, if appropriate, any prior his- (B) CONTENTS.—Each application submitted quired under subparagraph (A) may be cash or tory of anaphylaxis; under subparagraph (A) shall include— in kind, including plant, equipment, or services. (IV) listing any medication prescribed for the (i) an assurance that the local educational Amounts provided by the Federal Government, child for the treatment of anaphylaxis; agency has developed plans in accordance with and any portion of any service subsidized by the (V) detailing emergency treatment procedures the food allergy and anaphylaxis management Federal Government, may not be included in de- in the event of a reaction; guidelines described in subsection (b); termining the amount of such non-Federal (VI) listing the signs and symptoms of a reac- (ii) a description of the activities to be funded funds. tion; and by the grant in carrying out the food allergy (9) ADMINISTRATIVE FUNDS.—A local edu- (VII) assessing the child’s readiness for self- and anaphylaxis management guidelines, in- cational agency that receives a grant under this administration of prescription medication; and cluding— subsection may use not more than 2 percent of (ii) a list of substitute meals that may be of- (I) how the guidelines will be carried out at the grant amount for administrative costs re- fered to the child by school or early childhood individual schools served by the local edu- lated to carrying out this subsection. education program food service personnel. cational agency; (10) PROGRESS AND EVALUATIONS.—At the com- (B) The creation and maintenance of an indi- (II) how the local educational agency will in- pletion of the grant period referred to in para- vidual plan for food allergy management, in form parents and students of the guidelines in graph (4), a local educational agency shall pro- consultation with the parent, tailored to the place; vide the Secretary with information on how needs of each child with a documented risk for (III) how school nurses, teachers, administra- grant funds were spent and the status of imple- anaphylaxis, including any procedures for the tors, and other school-based staff will be made mentation of the food allergy and anaphylaxis

VerDate Mar 15 2010 05:52 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00084 Fmt 4634 Sfmt 6333 E:\CR\FM\A21DE7.057 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 21, 2010 CONGRESSIONAL RECORD — HOUSE H8871 management guidelines described in subsection (parts 123 and 1240 of title 21, Code of Federal (1) under the Federal Alcohol Administration (b). Regulations (or any successor regulations), Act (27 U.S.C. 201 et seq.) or chapter 51 of sub- (11) SUPPLEMENT, NOT SUPPLANT.—Grant where such guidance, regulation or suggested title E of the Internal Revenue Code of 1986 (26 funds received under this subsection shall be amendment relates to post harvest processing for U.S.C. 5001 et seq.) is required to obtain a permit used to supplement, and not supplant, non-Fed- raw oysters, the Secretary shall prepare and or to register with the Secretary of the Treasury eral funds and any other Federal funds avail- submit to the Committee on Health, Education, as a condition of doing business in the United able to carry out the activities described in this Labor, and Pensions of the Senate and the Com- States; and subsection. mittee on Energy and Commerce of the House of (2) under section 415 of the Federal Food, (12) AUTHORIZATION OF APPROPRIATIONS.— Representatives a report which shall include— Drug, and Cosmetic Act (21 U.S.C. 350d) is re- There is authorized to be appropriated to carry (1) an assessment of how post harvest proc- quired to register as a facility because such fa- out this subsection $30,000,000 for fiscal year essing or other equivalent controls feasibly may cility is engaged in manufacturing, processing, 2011 and such sums as may be necessary for be implemented in the fastest, safest, and most packing, or holding 1 or more alcoholic bev- each of the 4 succeeding fiscal years. economical manner; erages, with respect to the activities of such fa- (d) VOLUNTARY NATURE OF GUIDELINES.— (2) the projected public health benefits of any cility that relate to the manufacturing, proc- (1) IN GENERAL.—The food allergy and ana- proposed post harvest processing; essing, packing, or holding of alcoholic bev- phylaxis management guidelines developed by (3) the projected costs of compliance with such erages. the Secretary under subsection (b) are vol- post harvest processing measures; (b) LIMITED RECEIPT AND DISTRIBUTION OF untary. Nothing in this section or the guidelines (4) the impact post harvest processing is ex- NON-ALCOHOL FOOD.—Subsection (a) shall not developed by the Secretary under subsection (b) pected to have on the sales, cost, and avail- apply to a facility engaged in the receipt and shall be construed to require a local educational ability of raw oysters; distribution of any non-alcohol food, except agency to implement such guidelines. (5) criteria for ensuring post harvest proc- that such paragraph shall apply to a facility de- (2) EXCEPTION.—Notwithstanding paragraph essing standards will be applied equally to shell- scribed in such paragraph that receives and dis- (1), the Secretary may enforce an agreement by fish imported from all nations of origin; tributes non-alcohol food, provided such food is a local educational agency to implement food al- (6) an evaluation of alternative measures to received and distributed— lergy and anaphylaxis management guidelines prevent, eliminate, or reduce to an acceptable (1) in a prepackaged form that prevents any as a condition of the receipt of a grant under level the occurrence of foodborne illness; and direct human contact with such food; and subsection (c). (7) the extent to which the Food and Drug (2) in amounts that constitute not more than Administration has consulted with the States SEC. 113. NEW DIETARY INGREDIENTS. 5 percent of the overall sales of such facility, as and other regulatory agencies, as appropriate, (a) IN GENERAL.—Section 413 of the Federal determined by the Secretary of the Treasury. with regard to post harvest processing measures. Food, Drug, and Cosmetic Act (21 U.S.C. 350b) (c) RULE OF CONSTRUCTION.—Except as pro- is amended— (b) LIMITATION.—Subsection (a) shall not apply to the guidance described in section vided in subsections (a) and (b), this section (1) by redesignating subsection (c) as sub- shall not be construed to exempt any food, other section (d); and 103(h). (c) REVIEW AND EVALUATION.—Not later than than alcoholic beverages, as defined in section (2) by inserting after subsection (b) the fol- 214 of the Federal Alcohol Administration Act lowing: 30 days after the Secretary issues a proposed regulation or guidance described in subsection (27 U.S.C. 214), from the requirements of this ‘‘(c) NOTIFICATION.— (a), the Comptroller General of the United Act (including the amendments made by this ‘‘(1) IN GENERAL.—If the Secretary determines Act). that the information in a new dietary ingredient States shall— notification submitted under this section for an (1) review and evaluate the report described in TITLE II—IMPROVING CAPACITY TO DE- article purported to be a new dietary ingredient (a) and report to Congress on the findings of the TECT AND RESPOND TO FOOD SAFETY is inadequate to establish that a dietary supple- estimates and analysis in the report; PROBLEMS (2) compare such proposed regulation or guid- ment containing such article will reasonably be SEC. 201. TARGETING OF INSPECTION RE- ance to similar regulations or guidance with re- expected to be safe because the article may be, SOURCES FOR DOMESTIC FACILI- or may contain, an anabolic steroid or an ana- spect to other regulated foods, including a com- TIES, FOREIGN FACILITIES, AND logue of an anabolic steroid, the Secretary shall parison of risks the Secretary may find associ- PORTS OF ENTRY; ANNUAL REPORT. notify the Drug Enforcement Administration of ated with seafood and the instances of those (a) TARGETING OF INSPECTION RESOURCES FOR such determination. Such notification by the risks in such other regulated foods; and DOMESTIC FACILITIES, FOREIGN FACILITIES, AND Secretary shall include, at a minimum, the name (3) evaluate the impact of post harvest proc- PORTS OF ENTRY.—Chapter IV (21 U.S.C. 341 et of the dietary supplement or article, the name of essing on the competitiveness of the domestic seq.), as amended by section 106, is amended by the person or persons who marketed the product oyster industry in the United States and in adding at the end the following: international markets. or made the submission of information regarding ‘‘SEC. 421. TARGETING OF INSPECTION RE- (d) WAIVER.—The requirement of preparing a the article to the Secretary under this section, SOURCES FOR DOMESTIC FACILI- report under subsection (a) shall be waived if and any contact information for such person or TIES, FOREIGN FACILITIES, AND the Secretary issues a guidance that is adopted persons that the Secretary has. PORTS OF ENTRY; ANNUAL REPORT. as a consensus agreement between Federal and ‘‘(2) DEFINITIONS.—For purposes of this sub- ‘‘(a) IDENTIFICATION AND INSPECTION OF FA- State regulators and the oyster industry, acting section— CILITIES.— through the Interstate Shellfish Sanitation Con- ‘‘(A) the term ‘anabolic steroid’ has the mean- ‘‘(1) IDENTIFICATION.—The Secretary shall ference. ing given such term in section 102(41) of the identify high-risk facilities and shall allocate re- (e) PUBLIC ACCESS.—Any report prepared Controlled Substances Act; and under this section shall be made available to the sources to inspect facilities according to the ‘‘(B) the term ‘analogue of an anabolic ster- public. known safety risks of the facilities, which shall oid’ means a substance whose chemical struc- be based on the following factors: SEC. 115. PORT SHOPPING. ture is substantially similar to the chemical ‘‘(A) The known safety risks of the food man- Until the date on which the Secretary promul- structure of an anabolic steroid.’’. ufactured, processed, packed, or held at the fa- gates a final rule that implements the amend- (b) GUIDANCE.—Not later than 180 days after cility. the date of enactment of this Act, the Secretary ments made by section 308 of the Public Health Security and Bioterrorism Preparedness and Re- ‘‘(B) The compliance history of a facility, in- shall publish guidance that clarifies when a die- cluding with regard to food recalls, outbreaks of tary supplement ingredient is a new dietary in- sponse Act of 2002, (Public Law 107–188), the Secretary shall notify the Secretary of Home- foodborne illness, and violations of food safety gredient, when the manufacturer or distributor standards. of a dietary ingredient or dietary supplement land Security of all instances in which the Sec- ‘‘(C) The rigor and effectiveness of the facili- should provide the Secretary with information retary refuses to admit a food into the United ty’s hazard analysis and risk-based preventive as described in section 413(a)(2) of the Federal States under section 801(a) of the Federal Food, controls. Food, Drug, and Cosmetic Act, the evidence Drug, and Cosmetic Act (21 U.S.C. 381(a)) so ‘‘(D) Whether the food manufactured, proc- needed to document the safety of new dietary that the Secretary of Homeland Security, acting essed, packed, or held at the facility meets the ingredients, and appropriate methods for estab- through the Commissioner of Customs and Bor- criteria for priority under section 801(h)(1). lishing the identify of a new dietary ingredient. der Protection, may prevent food refused admit- ‘‘(E) Whether the food or the facility that SEC. 114. REQUIREMENT FOR GUIDANCE RELAT- tance into the United States by a United States ING TO POST HARVEST PROCESSING port of entry from being admitted by another manufactured, processed, packed, or held such OF RAW OYSTERS. United States port of entry, through the notifi- food has received a certification as described in (a) IN GENERAL.—Not later than 90 days prior cation of other such United States ports of section 801(q) or 806, as appropriate. to the issuance of any guidance, regulation, or entry. ‘‘(F) Any other criteria deemed necessary and suggested amendment by the Food and Drug SEC. 116. ALCOHOL-RELATED FACILITIES. appropriate by the Secretary for purposes of al- Administration to the National Shellfish Sanita- (a) IN GENERAL.—Except as provided by sec- locating inspection resources. tion Program’s Model Ordinance, or the tions 102, 206, 207, 302, 304, 402, 403, and 404 of ‘‘(2) INSPECTIONS.— issuance of any guidance or regulation by the this Act, and the amendments made by such sec- ‘‘(A) IN GENERAL.—Beginning on the date of Food and Drug Administration relating to the tions, nothing in this Act, or the amendments enactment of the FDA Food Safety Moderniza- Seafood Hazard Analysis Critical Control Points made by this Act, shall be construed to apply to tion Act, the Secretary shall increase the fre- Program of the Food and Drug Administration a facility that— quency of inspection of all facilities.

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‘‘(B) DOMESTIC HIGH-RISK FACILITIES.—The ‘‘(D) coordination to detect and investigate public on the Internet Web site of the Food and Secretary shall increase the frequency of inspec- violations under applicable Federal law; Drug Administration.’’. tion of domestic facilities identified under para- ‘‘(E) a process, including the use or modifica- (c) ADVISORY COMMITTEE CONSULTATION.—In graph (1) as high-risk facilities such that each tion of existing processes, by which officers and allocating inspection resources as described in such facility is inspected— employees of the National Oceanic and Atmos- section 421 of the Federal Food, Drug, and Cos- ‘‘(i) not less often than once in the 5-year pe- pheric Administration may be duly designated metic Act (as added by subsection (a)), the Sec- riod following the date of enactment of the FDA by the Secretary to carry out seafood examina- retary may, as appropriate, consult with any Food Safety Modernization Act; and tions and investigations under section 801 of relevant advisory committee within the Depart- ‘‘(ii) not less often than once every 3 years this Act or section 203 of the Food Allergen La- ment of Health and Human Services. thereafter. beling and Consumer Protection Act of 2004; SEC. 202. LABORATORY ACCREDITATION FOR ‘‘(C) DOMESTIC NON-HIGH-RISK FACILITIES.— ‘‘(F) the sharing of information concerning ANALYSES OF FOODS. The Secretary shall ensure that each domestic observed non-compliance with United States (a) IN GENERAL.—Chapter IV (21 U.S.C. 341 et facility that is not identified under paragraph food requirements domestically and in foreign seq.), as amended by section 201, is amended by (1) as a high-risk facility is inspected— nations and new regulatory decisions and poli- ‘‘(i) not less often than once in the 7-year pe- adding at the end the following: cies that may affect the safety of food imported riod following the date of enactment of the FDA ‘‘SEC. 422. LABORATORY ACCREDITATION FOR into the United States; Food Safety Modernization Act; and ANALYSES OF FOODS. ‘‘(G) conducting joint training on subjects ‘‘(ii) not less often than once every 5 years ‘‘(a) RECOGNITION OF LABORATORY ACCREDI- that affect and strengthen seafood inspection thereafter. TATION.— ‘‘(D) FOREIGN FACILITIES.— effectiveness by Federal authorities; and ‘‘(1) IN GENERAL.—Not later than 2 years after ‘‘(i) YEAR 1.—In the 1-year period following ‘‘(H) outreach on Federal efforts to enhance the date of enactment of the FDA Food Safety the date of enactment of the FDA Food Safety seafood safety and compliance with Federal Modernization Act, the Secretary shall— Modernization Act, the Secretary shall inspect food safety requirements. ‘‘(A) establish a program for the testing of OORDINATION.—The Secretary shall im- not fewer than 600 foreign facilities. ‘‘(d) C food by accredited laboratories; prove coordination and cooperation with the ‘‘(ii) SUBSEQUENT YEARS.—In each of the 5 ‘‘(B) establish a publicly available registry of Secretary of Agriculture and the Secretary of years following the 1-year period described in accreditation bodies recognized by the Secretary Homeland Security to target food inspection re- clause (i), the Secretary shall inspect not fewer and laboratories accredited by a recognized ac- sources. than twice the number of foreign facilities in- creditation body, including the name of, contact ‘‘(e) FACILITY.—For purposes of this section, spected by the Secretary during the previous information for, and other information deemed the term ‘facility’ means a domestic facility or a year. appropriate by the Secretary about such bodies foreign facility that is required to register under ‘‘(E) RELIANCE ON FEDERAL, STATE, OR LOCAL and laboratories; and section 415.’’. INSPECTIONS.—In meeting the inspection require- ‘‘(C) require, as a condition of recognition or ments under this subsection for domestic facili- (b) ANNUAL REPORT.—Section 1003 (21 U.S.C. accreditation, as appropriate, that recognized ties, the Secretary may rely on inspections con- 393) is amended by adding at the end the fol- accreditation bodies and accredited laboratories ducted by other Federal, State, or local agencies lowing: report to the Secretary any changes that would under interagency agreement, contract, memo- ‘‘(h) ANNUAL REPORT REGARDING FOOD.—Not affect the recognition of such accreditation body randa of understanding, or other obligation. later than February 1 of each year, the Sec- or the accreditation of such laboratory. ‘‘(b) IDENTIFICATION AND INSPECTION AT retary shall submit to Congress a report, includ- ‘‘(2) PROGRAM REQUIREMENTS.—The program PORTS OF ENTRY.—The Secretary, in consulta- ing efforts to coordinate and cooperate with established under paragraph (1)(A) shall pro- tion with the Secretary of Homeland Security, other Federal agencies with responsibilities for vide for the recognition of laboratory accredita- shall allocate resources to inspect any article of food inspections, regarding— food imported into the United States according ‘‘(1) information about food facilities includ- tion bodies that meet criteria established by the to the known safety risks of the article of food, ing— Secretary for accreditation of laboratories, in- which shall be based on the following factors: ‘‘(A) the appropriations used to inspect facili- cluding independent private laboratories and ‘‘(1) The known safety risks of the food im- ties registered pursuant to section 415 in the pre- laboratories run and operated by a Federal ported. vious fiscal year; agency (including the Department of Com- ‘‘(2) The known safety risks of the countries ‘‘(B) the average cost of both a non-high-risk merce), State, or locality with a demonstrated or regions of origin and countries through food facility inspection and a high-risk food fa- capability to conduct 1 or more sampling and which such article of food is transported. cility inspection, if such a difference exists, in analytical testing methodologies for food. ‘‘(3) The compliance history of the importer, the previous fiscal year; ‘‘(3) INCREASING THE NUMBER OF QUALIFIED including with regard to food recalls, outbreaks ‘‘(C) the number of domestic facilities and the LABORATORIES.—The Secretary shall work with of foodborne illness, and violations of food safe- number of foreign facilities registered pursuant the laboratory accreditation bodies recognized ty standards. to section 415 that the Secretary inspected in the under paragraph (1), as appropriate, to increase ‘‘(4) The rigor and effectiveness of the activi- previous fiscal year; the number of qualified laboratories that are eli- ties conducted by the importer of such article of ‘‘(D) the number of domestic facilities and the gible to perform testing under subparagraph (b) food to satisfy the requirements of the foreign number of foreign facilities registered pursuant beyond the number so qualified on the date of supplier verification program under section 805. to section 415 that were scheduled for inspection enactment of the FDA Food Safety Moderniza- ‘‘(5) Whether the food importer participates in in the previous fiscal year and which the Sec- tion Act. the voluntary qualified importer program under retary did not inspect in such year; ‘‘(4) LIMITED DISTRIBUTION.—In the interest of section 806. ‘‘(E) the number of high-risk facilities identi- national security, the Secretary, in coordination ‘‘(6) Whether the food meets the criteria for fied pursuant to section 421 that the Secretary with the Secretary of Homeland Security, may priority under section 801(h)(1). inspected in the previous fiscal year; and determine the time, manner, and form in which ‘‘(7) Whether the food or the facility that ‘‘(F) the number of high-risk facilities identi- the registry established under paragraph (1)(B) manufactured, processed, packed, or held such fied pursuant to section 421 that were scheduled is made publicly available. food received a certification as described in sec- for inspection in the previous fiscal year and ‘‘(5) FOREIGN LABORATORIES.—Accreditation tion 801(q) or 806. which the Secretary did not inspect in such bodies recognized by the Secretary under para- ‘‘(8) Any other criteria deemed necessary and graph (1) may accredit laboratories that operate appropriate by the Secretary for purposes of al- year. ‘‘(2) information about food imports includ- outside the United States, so long as such lab- locating inspection resources. oratories meet the accreditation standards appli- ‘‘(c) INTERAGENCY AGREEMENTS WITH RESPECT ing— cable to domestic laboratories accredited under TO SEAFOOD.— ‘‘(A) the number of lines of food imported into this section. ‘‘(1) IN GENERAL.—The Secretary of Health the United States that the Secretary physically and Human Services, the Secretary of Com- inspected or sampled in the previous fiscal year; ‘‘(6) MODEL LABORATORY STANDARDS.—The merce, the Secretary of Homeland Security, the ‘‘(B) the number of lines of food imported into Secretary shall develop model standards that a Chairman of the Federal Trade Commission, the United States that the Secretary did not laboratory shall meet to be accredited by a rec- and the heads of other appropriate agencies physically inspect or sample in the previous fis- ognized accreditation body for a specified sam- may enter into such agreements as may be nec- cal year; and pling or analytical testing methodology and in- essary or appropriate to improve seafood safety. ‘‘(C) the average cost of physically inspecting cluded in the registry provided for under para- ‘‘(2) SCOPE OF AGREEMENTS.—The agreements or sampling a line of food subject to this Act graph (1). In developing the model standards, under paragraph (1) may include— that is imported or offered for import into the the Secretary shall consult existing standards ‘‘(A) cooperative arrangements for examining United States; and for guidance. The model standards shall in- and testing seafood imports that leverage the re- ‘‘(3) information on the foreign offices of the clude— sources, capabilities, and authorities of each Food and Drug Administration including— ‘‘(A) methods to ensure that— party to the agreement; ‘‘(A) the number of foreign offices established; ‘‘(i) appropriate sampling, analytical proce- ‘‘(B) coordination of inspections of foreign fa- and dures (including rapid analytical procedures), cilities to increase the percentage of imported ‘‘(B) the number of personnel permanently and commercially available techniques are fol- seafood and seafood facilities inspected; stationed in each foreign office. lowed and reports of analyses are certified as ‘‘(C) standardization of data on seafood ‘‘(i) PUBLIC AVAILABILITY OF ANNUAL FOOD true and accurate; names, inspection records, and laboratory test- REPORTS.—The Secretary shall make the reports ‘‘(ii) internal quality systems are established ing to improve interagency coordination; required under subsection (h) available to the and maintained;

VerDate Mar 15 2010 05:52 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00086 Fmt 4634 Sfmt 6333 E:\CR\FM\A21DE7.058 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 21, 2010 CONGRESSIONAL RECORD — HOUSE H8873 ‘‘(iii) procedures exist to evaluate and respond retary of Agriculture, the Secretary of Home- ordination with the processed food sector and 1 promptly to complaints regarding analyses and land Security, and State, local, and tribal gov- or more such pilot projects in coordination with other activities for which the laboratory is ac- ernments shall, not later than 180 days after the processors or distributors of fruits and vegeta- credited; and date of enactment of this Act, and biennially bles that are raw agricultural commodities. The ‘‘(iv) individuals who conduct the sampling thereafter, submit to the relevant committees of Secretary shall ensure that the pilot projects and analyses are qualified by training and ex- Congress, and make publicly available on the under paragraph (1) reflect the diversity of the perience to do so; and Internet Web site of the Department of Health food supply and include at least 3 different ‘‘(B) any other criteria determined appro- and Human Services, a report on the progress in types of foods that have been the subject of sig- priate by the Secretary. implementing a national food emergency re- nificant outbreaks during the 5-year period pre- ‘‘(7) REVIEW OF RECOGNITION.—To ensure sponse laboratory network that— ceding the date of enactment of this Act, and compliance with the requirements of this sec- (1) provides ongoing surveillance, rapid detec- are selected in order to— tion, the Secretary— tion, and surge capacity for large-scale food-re- (A) develop and demonstrate methods for ‘‘(A) shall periodically, and in no case less lated emergencies, including intentional adul- rapid and effective tracking and tracing of foods than once every 5 years, reevaluate accredita- teration of the food supply; in a manner that is practicable for facilities of tion bodies recognized under paragraph (1) and (2) coordinates the food laboratory capacities varying sizes, including small businesses; may accompany auditors from an accreditation of State, local, and tribal food laboratories, in- (B) develop and demonstrate appropriate tech- body to assess whether the accreditation body cluding the adoption of novel surveillance and nologies, including technologies existing on the meets the criteria for recognition; and identification technologies and the sharing of date of enactment of this Act, that enhance the ‘‘(B) shall promptly revoke the recognition of data between Federal agencies and State labora- tracking and tracing of food; and any accreditation body found not to be in com- tories to develop national situational awareness; (C) inform the promulgation of regulations pliance with the requirements of this section, (3) provides accessible, timely, accurate, and under subsection (d). specifying, as appropriate, any terms and condi- consistent food laboratory services throughout (3) REPORT.—Not later than 18 months after tions necessary for laboratories accredited by the United States; the date of enactment of this Act, the Secretary such body to continue to perform testing as de- (4) develops and implements a methods reposi- shall report to Congress on the findings of the scribed in this section. tory for use by Federal, State, and local offi- pilot projects under this subsection together ‘‘(b) TESTING PROCEDURES.— cials; with recommendations for improving the track- ‘‘(1) IN GENERAL.—Not later than 30 months (5) responds to food-related emergencies; and ing and tracing of food. after the date of enactment of the FDA Food (6) is integrated with relevant laboratory net- (b) ADDITIONAL DATA GATHERING.— Safety Modernization Act, food testing shall be works administered by other Federal agencies. (1) IN GENERAL.—The Secretary, in coordina- conducted by Federal laboratories or non-Fed- tion with the Secretary of Agriculture and mul- SEC. 203. INTEGRATED CONSORTIUM OF LABORA- eral laboratories that have been accredited for TORY NETWORKS. tiple representatives of State departments of the appropriate sampling or analytical testing health and agriculture, shall assess— (a) IN GENERAL.—The Secretary of Homeland (A) the costs and benefits associated with the methodology or methodologies by a recognized Security, in coordination with the Secretary of adoption and use of several product tracing accreditation body on the registry established by Health and Human Services, the Secretary of technologies, including technologies used in the the Secretary under subsection (a)(1)(B) when- Agriculture, the Secretary of Commerce, and the pilot projects under subsection (a); ever such testing is conducted— Administrator of the Environmental Protection (B) the feasibility of such technologies for dif- ‘‘(A) by or on behalf of an owner or con- Agency, shall maintain an agreement through ferent sectors of the food industry, including signee— which relevant laboratory network members, as ‘‘(i) in response to a specific testing require- small businesses; and determined by the Secretary of Homeland Secu- ment under this Act or implementing regula- (C) whether such technologies are compatible rity, shall— tions, when applied to address an identified or with the requirements of this subsection. (1) agree on common laboratory methods in suspected food safety problem; and (2) REQUIREMENTS.—To the extent practicable, order to reduce the time required to detect and ‘‘(ii) as required by the Secretary, as the Sec- in carrying out paragraph (1), the Secretary respond to foodborne illness outbreaks and fa- retary deems appropriate, to address an identi- shall— cilitate the sharing of knowledge and informa- fied or suspected food safety problem; or (A) evaluate domestic and international prod- tion relating to animal health, agriculture, and ‘‘(B) on behalf of an owner or consignee— uct tracing practices in commercial use; ‘‘(i) in support of admission of an article of human health; (B) consider international efforts, including food under section 801(a); and (2) identify means by which laboratory net- an assessment of whether product tracing re- ‘‘(ii) under an Import Alert that requires suc- work members could work cooperatively— quirements developed under this section are cessful consecutive tests. (A) to optimize national laboratory prepared- compatible with global tracing systems, as ap- ‘‘(2) RESULTS OF TESTING.—The results of any ness; and propriate; and such testing shall be sent directly to the Food (B) to provide surge capacity during emer- (C) consult with a diverse and broad range of and Drug Administration, except the Secretary gencies; and experts and stakeholders, including representa- may by regulation exempt test results from such (3) engage in ongoing dialogue and build rela- tives of the food industry, agricultural pro- submission requirement if the Secretary deter- tionships that will support a more effective and ducers, and nongovernmental organizations mines that such results do not contribute to the integrated response during emergencies. that represent the interests of consumers. protection of public health. Test results required (b) REPORTING REQUIREMENT.—The Secretary (c) PRODUCT TRACING SYSTEM.—The Sec- to be submitted may be submitted to the Food of Homeland Security shall, on a biennial basis, retary, in consultation with the Secretary of Ag- and Drug Administration through electronic submit to the relevant committees of Congress, riculture, shall, as appropriate, establish within means. and make publicly available on the Internet the Food and Drug Administration a product ‘‘(3) EXCEPTION.—The Secretary may waive Web site of the Department of Homeland Secu- tracing system to receive information that im- requirements under this subsection if— rity, a report on the progress of the integrated proves the capacity of the Secretary to effec- ‘‘(A) a new methodology or methodologies consortium of laboratory networks, as estab- tively and rapidly track and trace food that is have been developed and validated but a labora- lished under subsection (a), in carrying out this in the United States or offered for import into tory has not yet been accredited to perform such section. the United States. Prior to the establishment of methodology or methodologies; and SEC. 204. ENHANCING TRACKING AND TRACING such product tracing system, the Secretary shall ‘‘(B) the use of such methodology or meth- OF FOOD AND RECORDKEEPING. examine the results of applicable pilot projects odologies are necessary to prevent, control, or (a) PILOT PROJECTS.— and shall ensure that the activities of such sys- mitigate a food emergency or foodborne illness (1) IN GENERAL.—Not later than 270 days after tem are adequately supported by the results of outbreak. the date of enactment of this Act, the Secretary such pilot projects. ‘‘(c) REVIEW BY SECRETARY.—If food sampling of Health and Human Services (referred to in (d) ADDITIONAL RECORDKEEPING REQUIRE- and testing performed by a laboratory run and this section as the ‘‘Secretary’’), taking into ac- MENTS FOR HIGH RISK FOODS.— operated by a State or locality that is accredited count recommendations from the Secretary of (1) IN GENERAL.—In order to rapidly and ef- by a recognized accreditation body on the reg- Agriculture and representatives of State depart- fectively identify recipients of a food to prevent istry established by the Secretary under sub- ments of health and agriculture, shall establish or mitigate a foodborne illness outbreak and to section (a) result in a State recalling a food, the pilot projects in coordination with the food in- address credible threats of serious adverse Secretary shall review the sampling and testing dustry to explore and evaluate methods to rap- health consequences or death to humans or ani- results for the purpose of determining the need idly and effectively identify recipients of food to mals as a result of such food being adulterated for a national recall or other compliance and prevent or mitigate a foodborne illness outbreak under section 402 of the Federal Food, Drug, enforcement activities. and to address credible threats of serious ad- and Cosmetic Act or misbranded under section ‘‘(d) NO LIMIT ON SECRETARIAL AUTHORITY.— verse health consequences or death to humans 403(w) of such Act, not later than 2 years after Nothing in this section shall be construed to or animals as a result of such food being adul- the date of enactment of this Act, the Secretary limit the ability of the Secretary to review and terated under section 402 of the Federal Food, shall publish a notice of proposed rulemaking to act upon information from food testing, includ- Drug, and Cosmetic Act (21 U.S.C. 342) or mis- establish recordkeeping requirements, in addi- ing determining the sufficiency of such informa- branded under section 403(w) of such Act (21 tion to the requirements under section 414 of the tion and testing.’’. U.S.C. 343(w)). Federal Food, Drug, and Cosmetic Act (21 (b) FOOD EMERGENCY RESPONSE NETWORK.— (2) CONTENT.—The Secretary shall conduct 1 U.S.C. 350c) and subpart J of part 1 of title 21, The Secretary, in coordination with the Sec- or more pilot projects under paragraph (1) in co- Code of Federal Regulations (or any successor

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regulations), for facilities that manufacture, (vi) the likely or known severity, including (i) LIMITATION ON EXTENT OF TRACING.—Rec- process, pack, or hold foods that the Secretary health and economic impacts, of a foodborne ill- ordkeeping requirements under this subsection designates under paragraph (2) as high-risk ness attributed to a particular food. with regard to any commingled raw agricultural foods. The Secretary shall set an appropriate ef- (B) LIST OF HIGH-RISK FOODS.—At the time the commodity shall be limited to the requirements fective date of such additional requirements for Secretary promulgates the final rules under under subparagraph (F). foods designated as high risk that takes into ac- paragraph (1), the Secretary shall publish the (ii) DEFINITIONS.—For the purposes of this count the length of time necessary to comply list of the foods designated under subparagraph subparagraph— with such requirements. Such requirements (A) as high-risk foods on the Internet website of (I) the term ‘‘commingled raw agricultural shall— the Food and Drug Administration. The Sec- commodity’’ means any commodity that is com- (A) relate only to information that is reason- retary may update the list to designate new bined or mixed after harvesting, but before proc- ably available and appropriate; high-risk foods and to remove foods that are no essing; (B) be science-based; longer deemed to be high-risk foods, provided (II) the term ‘‘commingled raw agricultural (C) not prescribe specific technologies for the that each such update to the list is consistent commodity’’ shall not include types of fruits and maintenance of records; with the requirements of this subsection and no- vegetables that are raw agricultural commodities (D) ensure that the public health benefits of tice of such update is published in the Federal for which the Secretary has determined that imposing additional recordkeeping requirements Register. standards promulgated under section 419 of the outweigh the cost of compliance with such re- (3) PROTECTION OF SENSITIVE INFORMATION.— Federal Food, Drug, and Cosmetic Act (as added quirements; In promulgating regulations under this sub- by section 105) would minimize the risk of seri- (E) be scale-appropriate and practicable for section, the Secretary shall take appropriate ous adverse health consequences or death; and facilities of varying sizes and capabilities with measures to ensure that there are effective pro- (III) the term ‘‘processing’’ means operations respect to costs and recordkeeping burdens, and cedures to prevent the unauthorized disclosure that alter the general state of the commodity, not require the creation and maintenance of du- of any trade secret or confidential information such as canning, cooking, freezing, dehydra- plicate records where the information is con- that is obtained by the Secretary pursuant to tion, milling, grinding, pasteurization, or ho- tained in other company records kept in the this section, including periodic risk assessment mogenization. normal course of business; and planning to prevent unauthorized release (E) EXEMPTION OF OTHER FOODS.—The Sec- (F) minimize the number of different record- and controls to— retary may, by notice in the Federal Register, keeping requirements for facilities that handle (A) prevent unauthorized reproduction of modify the requirements under this subsection more than 1 type of food; trade secret or confidential information; with respect to, or exempt a food or a type of fa- (G) to the extent practicable, not require a fa- (B) prevent unauthorized access to trade se- cility to change business systems to comply with cility from, the requirements of this subsection cret or confidential information; and (other than the requirements under subpara- such requirements; (C) maintain records with respect to access by graph (F), if applicable) if the Secretary deter- (H) allow any person subject to this sub- any person to trade secret or confidential infor- mines that product tracing requirements for section to maintain records required under this mation maintained by the agency. subsection at a central or reasonably accessible (4) PUBLIC INPUT.—During the comment pe- such food (such as bulk or commingled ingredi- location provided that such records can be made riod in the notice of proposed rulemaking under ents that are intended to be processed to destroy available to the Secretary not later than 24 paragraph (1), the Secretary shall conduct not pathogens) or type of facility is not necessary to hours after the Secretary requests such records; less than 3 public meetings in diverse geo- protect the public health. and graphical areas of the United States to provide (F) RECORDKEEPING REGARDING PREVIOUS (I) include a process by which the Secretary persons in different regions an opportunity to SOURCES AND SUBSEQUENT RECIPIENTS.—In the may issue a waiver of the requirements under comment. case of a person or food to which a limitation or this subsection if the Secretary determines that (5) RETENTION OF RECORDS.—Except as other- exemption under subparagraph (C), (D), or (E) such requirements would result in an economic wise provided in this subsection, the Secretary applies, if such person, or a person who manu- hardship for an individual facility or a type of may require that a facility retain records under factures, processes, packs, or holds such food, is facility; this subsection for not more than 2 years, taking required to register with the Secretary under (J) be commensurate with the known safety into consideration the risk of spoilage, loss of section 415 of the Federal Food, Drug, and Cos- risks of the designated food; value, or loss of palatability of the applicable metic Act (21 U.S.C. 350d) with respect to the (K) take into account international trade obli- food when determining the appropriate time- manufacturing, processing, packing, or holding gations; frames. of the applicable food, the Secretary shall re- (L) not require— quire such person to maintain records that iden- (i) a full pedigree, or a record of the complete (6) LIMITATIONS.— (A) FARM TO SCHOOL PROGRAMS.—In estab- tify the immediate previous source of such food previous distribution history of the food from lishing requirements under this subsection, the and the immediate subsequent recipient of such the point of origin of such food; food. (ii) records of recipients of a food beyond the Secretary shall, in consultation with the Sec- (G) GROCERY STORES.—With respect to a sale immediate subsequent recipient of such food; or retary of Agriculture, consider the impact of re- of a food described in subparagraph (H) to a (iii) product tracking to the case level by per- quirements on farm to school or farm to institu- grocery store, the Secretary shall not require sons subject to such requirements; and tion programs of the Department of Agriculture (M) include a process by which the Secretary and other farm to school and farm to institution such grocery store to maintain records under may remove a high-risk food designation devel- programs outside such agency, and shall modify this subsection other than records documenting oped under paragraph (2) for a food or type of the requirements under this subsection, as ap- the farm that was the source of such food. The food. propriate, with respect to such programs so that Secretary shall not require that such records be (2) DESIGNATION OF HIGH-RISK FOODS.— the requirements do not place undue burdens on kept for more than 180 days. (A) IN GENERAL.—Not later than 1 year after farm to school or farm to institution programs. (H) FARM SALES TO CONSUMERS.—The Sec- the date of enactment of this Act, and thereafter (B) IDENTITY-PRESERVED LABELS WITH RE- retary shall not require a farm to maintain any as the Secretary determines necessary, the Sec- SPECT TO FARM SALES OF FOOD THAT IS PRO- distribution records under this subsection with retary shall designate high-risk foods for which DUCED AND PACKAGED ON A FARM.—The require- respect to a sale of a food described in subpara- the additional recordkeeping requirements de- ments under this subsection shall not apply to a graph (I) (including a sale of a food that is pro- scribed in paragraph (1) are appropriate and food that is produced and packaged on a farm duced and packaged on such farm), if such sale necessary to protect the public health. Each if— is made by the farm directly to a consumer. such designation shall be based on— (i) the packaging of the food maintains the in- (I) SALE OF A FOOD.—A sale of a food de- (i) the known safety risks of a particular food, tegrity of the product and prevents subsequent scribed in this subparagraph is a sale of a food including the history and severity of foodborne contamination or alteration of the product; and in which— illness outbreaks attributed to such food, taking (ii) the labeling of the food includes the name, (i) the food is produced on a farm; and into consideration foodborne illness data col- complete address (street address, town, State, (ii) the sale is made by the owner, operator, or lected by the Centers for Disease Control and country, and zip or other postal code), and busi- agent in charge of such farm directly to a con- Prevention; ness phone number of the farm, unless the Sec- sumer or grocery store. (ii) the likelihood that a particular food has a retary waives the requirement to include a busi- (7) NO IMPACT ON NON-HIGH-RISK FOODS.—The high potential risk for microbiological or chem- ness phone number of the farm, as appropriate, recordkeeping requirements established under ical contamination or would support the growth in order to accommodate a religious belief of the paragraph (1) shall have no effect on foods that of pathogenic microorganisms due to the nature individual in charge of such farm. are not designated by the Secretary under para- of the food or the processes used to produce (C) FISHING VESSELS.—The requirements under graph (2) as high-risk foods. Foods described in such food; this subsection with respect to a food that is the preceding sentence shall be subject solely to (iii) the point in the manufacturing process of produced through the use of a fishing vessel (as the recordkeeping requirements under section the food where contamination is most likely to defined in section 3(18) of the Magnuson-Ste- 414 of the Federal Food, Drug, and Cosmetic Act occur; vens Fishery Conservation and Management Act (21 U.S.C. 350c) and subpart J of part 1 of title (iv) the likelihood of contamination and steps (16 U.S.C. 1802(18))) shall be limited to the re- 21, Code of Federal Regulations (or any suc- taken during the manufacturing process to requirements under subparagraph (F) until such cessor regulations). duce the possibility of contamination; time as the food is sold by the owner, operator, (e) EVALUATION AND RECOMMENDATIONS.— (v) the likelihood that consuming a particular or agent in charge of such fishing vessel. (1) REPORT.—Not later than 1 year after the food will result in a foodborne illness due to (D) COMMINGLED RAW AGRICULTURAL COM- effective date of the final rule promulgated contamination of the food; and MODITIES.— under subsection (d)(1), the Comptroller General

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of the United States shall submit to Congress a (g) NO LIMITATION ON COMMINGLING OF (G) at least annually, publishing current re- report, taking into consideration the costs of FOOD.—Nothing in this section shall be con- ports on findings from such systems; compliance and other regulatory burdens on strued to authorize the Secretary to impose any (H) establishing a flexible mechanism for rap- small businesses and Federal, State, and local limitation on the commingling of food. idly initiating scientific research by academic food safety practices and requirements, that (h) SMALL ENTITY COMPLIANCE GUIDE.—Not institutions; evaluates the public health benefits and risks, if later than 180 days after promulgation of a final (I) integrating foodborne illness surveillance any, of limiting— rule under subsection (d), the Secretary shall systems and data with other biosurveillance and (A) the product tracing requirements under issue a small entity compliance guide setting public health situational awareness capabilities subsection (d) to foods identified under para- forth in plain language the requirements of the at the Federal, State, and local levels, including graph (2) of such subsection, including whether regulations under such subsection in order to by sharing foodborne illness surveillance data such requirements provide adequate assurance assist small entities, including farms and small with the National Biosurveillance Integration of traceability in the event of intentional adul- businesses, in complying with the recordkeeping Center; and teration, including by acts of terrorism; and requirements under such subsection. (J) other activities as determined appropriate (B) the participation of restaurants in the rec- (i) FLEXIBILITY FOR SMALL BUSINESSES.—Not- by the Secretary. ordkeeping requirements. withstanding any other provision of law, the (2) WORKING GROUP.—The Secretary shall (2) DETERMINATION AND RECOMMENDATIONS.— regulations promulgated under subsection (d) support and maintain a diverse working group In conducting the evaluation and report under shall apply— of experts and stakeholders from Federal, State, paragraph (1), if the Comptroller General of the (1) to small businesses (as defined by the Sec- and local food safety and health agencies, the United States determines that the limitations de- retary in section 103, not later than 90 days food and food testing industries, consumer orga- scribed in such paragraph do not adequately after the date of enactment of this Act) begin- nizations, and academia. Such working group protect the public health, the Comptroller Gen- ning on the date that is 1 year after the effective shall provide the Secretary, through at least an- eral shall submit to Congress recommendations, date of the final regulations promulgated under nual meetings of the working group and an an- if appropriate, regarding recordkeeping require- subsection (d); and nual public report, advice and recommendations ments for restaurants and additional foods, in on an ongoing and regular basis regarding the order to protect the public health. (2) to very small businesses (as defined by the Secretary in section 103, not later than 90 days improvement of foodborne illness surveillance (f) FARMS.— and implementation of this section, including (1) REQUEST FOR INFORMATION.—Notwith- after the date of enactment of this Act) beginning on the date that is 2 years after the effec- advice and recommendations on— standing subsection (d), during an active inves- (A) the priority needs of regulatory agencies, tive date of the final regulations promulgated tigation of a foodborne illness outbreak, or if the food industry, and consumers for informa- under subsection (d). the Secretary determines it is necessary to pro- tion and analysis on foodborne illness and its (j) ENFORCEMENT.— tect the public health and prevent or mitigate a causes; foodborne illness outbreak, the Secretary, in (1) PROHIBITED ACTS.—Section 301(e) (21 (B) opportunities to improve the effectiveness consultation and coordination with State and U.S.C. 331(e)) is amended by inserting ‘‘; or the of initiatives at the Federal, State, and local local agencies responsible for food safety, as ap- violation of any recordkeeping requirement levels, including coordination and integration of propriate, may request that the owner, operator, under section 204 of the FDA Food Safety Mod- activities among Federal agencies, and between or agent of a farm identify potential immediate ernization Act (except when such violation is the Federal, State, and local levels of govern- recipients, other than consumers, of an article committed by a farm)’’ before the period at the ment; of the food that is the subject of such investiga- end. (C) improvement in the timeliness and depth tion if the Secretary reasonably believes such (2) IMPORTS.—Section 801(a) (21 U.S.C. 381(a)) of access by regulatory and health agencies, the article of food— is amended by inserting ‘‘or (4) the record- food industry, academic researchers, and con- (A) is adulterated under section 402 of the keeping requirements under section 204 of the sumers to foodborne illness aggregated, de-iden- Federal Food, Drug, and Cosmetic Act; FDA Food Safety Modernization Act (other tified surveillance data collected by government (B) presents a threat of serious adverse health than the requirements under subsection (f) of agencies at all levels, including data compiled consequences or death to humans or animals; such section) have not been complied with re- by the Centers for Disease Control and Preven- and garding such article,’’ in the third sentence be- (C) was adulterated as described in subpara- tion; fore ‘‘then such article shall be refused admis- (D) key barriers at Federal, State, and local graph (A) on a particular farm (as defined in sion’’. levels to improving foodborne illness surveil- section 1.227 of chapter 21, Code of Federal Reg- SEC. 205. SURVEILLANCE. lance and the utility of such surveillance for ulations (or any successor regulation)). preventing foodborne illness; (2) MANNER OF REQUEST.—In making a re- (a) DEFINITION OF FOODBORNE ILLNESS OUT- (E) the capabilities needed for establishing quest under paragraph (1), the Secretary, in BREAK.—In this Act, the term ‘‘foodborne illness automatic electronic searches of surveillance consultation and coordination with State and outbreak’’ means the occurrence of 2 or more data; and local agencies responsible for food safety, as ap- cases of a similar illness resulting from the in- (F) specific actions to reduce barriers to im- propriate, shall issue a written notice to the gestion of a certain food. provement, implement the working group’s rec- owner, operator, or agent of the farm to which (b) FOODBORNE ILLNESS SURVEILLANCE SYS- ommendations, and achieve the purposes of this the article of food has been traced. The indi- TEMS.— section, with measurable objectives and vidual providing such notice shall present to (1) IN GENERAL.—The Secretary, acting timelines, and identification of resource and such owner, operator, or agent appropriate cre- through the Director of the Centers for Disease Control and Prevention, shall enhance staffing needs. dentials and shall deliver such notice at reason- (3) AUTHORIZATION OF APPROPRIATIONS.—To able times and within reasonable limits and in a foodborne illness surveillance systems to improve the collection, analysis, reporting, and useful- carry out the activities described in paragraph reasonable manner. (1), there is authorized to be appropriated (3) DELIVERY OF INFORMATION REQUESTED.— ness of data on foodborne illnesses by— $24,000,000 for each fiscal years 2011 through The owner, operator, or agent of a farm shall (A) coordinating Federal, State and local foodborne illness surveillance systems, including 2015. deliver the information requested under para- (c) IMPROVING FOOD SAFETY AND DEFENSE CA- complaint systems, and increasing participation graph (1) in a prompt and reasonable manner. PACITY AT THE STATE AND LOCAL LEVEL.— in national networks of public health and food Such information may consist of records kept in (1) IN GENERAL.—The Secretary shall develop regulatory agencies and laboratories; the normal course of business, and may be in and implement strategies to leverage and en- (B) facilitating sharing of surveillance infor- electronic or non-electronic format. hance the food safety and defense capacities of mation on a more timely basis among govern- (4) LIMITATION.—A request made under para- State and local agencies in order to achieve the mental agencies, including the Food and Drug graph (1) shall not include a request for infor- following goals: mation relating to the finances, pricing of com- Administration, the Department of Agriculture, (A) Improve foodborne illness outbreak re- modities produced, personnel, research, sales the Department of Homeland Security, and sponse and containment. (other than information relating to shipping), or State and local agencies, and with the public; (B) Accelerate foodborne illness surveillance other disclosures that may reveal trade secrets (C) developing improved epidemiological tools and outbreak investigation, including rapid or confidential information from the farm to for obtaining quality exposure data and micro- shipment of clinical isolates from clinical lab- which the article of food has been traced, other biological methods for classifying cases; oratories to appropriate State laboratories, and than information necessary to identify potential (D) augmenting such systems to improve attri- conducting more standardized illness outbreak immediate recipients of such food. Section 301(j) bution of a foodborne illness outbreak to a spe- interviews. of the Federal Food, Drug, and Cosmetic Act cific food; (C) Strengthen the capacity of State and local and the Freedom of Information Act shall apply (E) expanding capacity of such systems, in- agencies to carry out inspections and enforce with respect to any confidential commercial including working toward automatic electronic safety standards. formation that is disclosed to the Food and searches, for implementation of identification (D) Improve the effectiveness of Federal, Drug Administration in the course of responding practices, including fingerprinting strategies, for State, and local partnerships to coordinate food to a request under paragraph (1). foodborne infectious agents, in order to identify safety and defense resources and reduce the in- (5) RECORDS.—Except with respect to identi- new or rarely documented causes of foodborne cidence of foodborne illness. fying potential immediate recipients in response illness and submit standardized information to a (E) Share information on a timely basis among to a request under this subsection, nothing in centralized database; public health and food regulatory agencies, this subsection shall require the establishment (F) allowing timely public access to aggre- with the food industry, with health care pro- or maintenance by farms of new records. gated, de-identified surveillance data; viders, and with the public.

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(F) Strengthen the capacity of State and local ‘‘(3) DETERMINATION TO LIMIT AREAS AF- ‘‘(1) IN GENERAL.—To assist in carrying out agencies to achieve the goals described in sec- FECTED.—If the Secretary requires a responsible the requirements of this subsection, the Sec- tion 108. party to cease distribution under paragraph retary shall establish an incident command op- (2) REVIEW.—In developing of the strategies (1)(A) of an article of food identified in sub- eration or a similar operation within the De- required by paragraph (1), the Secretary shall, section (a), the Secretary may limit the size of partment of Health and Human Services that not later than 1 year after the date of enactment the geographic area and the markets affected by will operate not later than 24 hours after the of the FDA Food Safety Modernization Act, such cessation if such limitation would not com- initiation of a mandatory recall or the recall of complete a review of State and local capacities, promise the public health. an article of food for which the use of, or expo- and needs for enhancement, which may include ‘‘(c) HEARING ON ORDER.—The Secretary shall sure to, such article will cause serious adverse a survey with respect to— provide the responsible party subject to an order health consequences or death to humans or ani- (A) staffing levels and expertise available to under subsection (b) with an opportunity for an mals. perform food safety and defense functions; informal hearing, to be held as soon as possible, ‘‘(2) REQUIREMENTS.—To reduce the potential (B) laboratory capacity to support surveil- but not later than 2 days after the issuance of for miscommunication during recalls or regard- lance, outbreak response, inspection, and en- the order, on the actions required by the order ing investigations of a food borne illness out- forcement activities; and on why the article that is the subject of the break associated with a food that is subject to a (C) information systems to support data man- order should not be recalled. recall, each incident command operation or simi- agement and sharing of food safety and defense ‘‘(d) POST-HEARING RECALL ORDER AND MODI- lar operation under paragraph (1) shall use reg- information among State and local agencies and FICATION OF ORDER.— ular staff and resources of the Department of with counterparts at the Federal level; and ‘‘(1) AMENDMENT OF ORDER.—If, after pro- Health and Human Services to— (D) other State and local activities and needs viding opportunity for an informal hearing ‘‘(A) ensure timely and coordinated commu- as determined appropriate by the Secretary. under subsection (c), the Secretary determines nication within the Department, including en- (d) FOOD SAFETY CAPACITY BUILDING that removal of the article from commerce is nec- hanced communication and coordination be- GRANTS.—Section 317R(b) of the Public Health essary, the Secretary shall, as appropriate— tween different agencies and organizations Service Act (42 U.S.C. 247b–20(b)) is amended— ‘‘(A) amend the order to require recall of such within the Department; (1) by striking ‘‘2002’’ and inserting ‘‘2010’’; article or other appropriate action; ‘‘(B) ensure timely and coordinated commu- and ‘‘(B) specify a timetable in which the recall nication from the Department, including public (2) by striking ‘‘2003 through 2006’’ and insert- shall occur; statements, throughout the duration of the in- ing ‘‘2011 through 2015’’. ‘‘(C) require periodic reports to the Secretary vestigation and related foodborne illness out- SEC. 206. MANDATORY RECALL AUTHORITY. describing the progress of the recall; and break; (a) IN GENERAL.—Chapter IV (21 U.S.C. 341 et ‘‘(D) provide notice to consumers to whom ‘‘(C) identify a single point of contact within seq.), as amended by section 202, is amended by such article was, or may have been, distributed. the Department for public inquiries regarding adding at the end the following: ‘‘(2) VACATING OF ORDER.—If, after such hear- any actions by the Secretary related to a recall; ‘‘SEC. 423. MANDATORY RECALL AUTHORITY. ing, the Secretary determines that adequate ‘‘(D) coordinate with Federal, State, local, ‘‘(a) VOLUNTARY PROCEDURES.—If the Sec- grounds do not exist to continue the actions re- and tribal authorities, as appropriate, that have retary determines, based on information gath- quired by the order, or that such actions should responsibilities related to the recall of a food or ered through the reportable food registry under be modified, the Secretary shall vacate the order a foodborne illness outbreak associated with a section 417 or through any other means, that or modify the order. food that is subject to the recall, including noti- there is a reasonable probability that an article ‘‘(e) RULE REGARDING ALCOHOLIC BEV- fication of the Secretary of Agriculture and the of food (other than infant formula) is adulter- ERAGES.—The Secretary shall not initiate a Secretary of Education in the event such re- ated under section 402 or misbranded under sec- mandatory recall or take any other action under called food is a commodity intended for use in a tion 403(w) and the use of or exposure to such this section with respect to any alcohol beverage child nutrition program (as identified in section article will cause serious adverse health con- until the Secretary has provided the Alcohol 25(b) of the Richard B. Russell National School sequences or death to humans or animals, the and Tobacco Tax and Trade Bureau with a rea- Lunch Act (42 U.S.C. 1769f(b)); and Secretary shall provide the responsible party (as sonable opportunity to cease distribution and ‘‘(E) conclude operations at such time as the defined in section 417) with an opportunity to recall such article under the Alcohol and To- Secretary determines appropriate. cease distribution and recall such article. bacco Tax and Trade Bureau authority. ‘‘(3) MULTIPLE RECALLS.—The Secretary may ‘‘(b) PREHEARING ORDER TO CEASE DISTRIBU- ‘‘(f) COOPERATION AND CONSULTATION.—The establish multiple or concurrent incident com- TION AND GIVE NOTICE.— Secretary shall work with State and local public mand operations or similar operations in the ‘‘(1) IN GENERAL.—If the responsible party re- health officials in carrying out this section, as event of multiple recalls or foodborne illness fuses to or does not voluntarily cease distribu- appropriate. outbreaks necessitating such action by the De- tion or recall such article within the time and in ‘‘(g) PUBLIC NOTIFICATION.—In conducting a partment of Health and Human Services.’’. the manner prescribed by the Secretary (if so recall under this section, the Secretary shall— (b) SEARCH ENGINE.—Not later than 90 days prescribed), the Secretary may, by order require, ‘‘(1) ensure that a press release is published after the date of enactment of this Act, the Sec- as the Secretary deems necessary, such person regarding the recall, as well as alerts and public retary shall modify the Internet Web site of the to— notices, as appropriate, in order to provide noti- Food and Drug Administration to include a ‘‘(A) immediately cease distribution of such fication— search engine that— article; and ‘‘(A) of the recall to consumers and retailers (1) is consumer-friendly, as determined by the ‘‘(B) as applicable, immediately notify all per- to whom such article was, or may have been, Secretary; and sons— distributed; and (2) provides a means by which an individual ‘‘(i) manufacturing, processing, packing, ‘‘(B) that includes, at a minimum— may locate relevant information regarding each transporting, distributing, receiving, holding, or ‘‘(i) the name of the article of food subject to article of food subject to a recall under section importing and selling such article; and the recall; 423 of the Federal Food, Drug, and Cosmetic Act ‘‘(ii) to which such article has been distrib- ‘‘(ii) a description of the risk associated with and the status of such recall (such as whether uted, transported, or sold, to immediately cease such article; and a recall is ongoing or has been completed). distribution of such article. ‘‘(iii) to the extent practicable, information for (c) CIVIL PENALTY.—Section 303(f)(2)(A) (21 ‘‘(2) REQUIRED ADDITIONAL INFORMATION.— consumers about similar articles of food that are U.S.C. 333(f)(2)(A)) is amended by inserting ‘‘or ‘‘(A) IN GENERAL.—If an article of food cov- not affected by the recall; any person who does not comply with a recall ered by a recall order issued under paragraph ‘‘(2) consult the policies of the Department of order under section 423’’ after ‘‘section (1)(B) has been distributed to a warehouse- Agriculture regarding providing to the public a 402(a)(2)(B)’’. based third party logistics provider without pro- list of retail consignees receiving products in- (d) PROHIBITED ACTS.—Section 301 (21 U.S.C. viding such provider sufficient information to volved in a Class I recall and shall consider pro- 331 et seq.), as amended by section 106, is know or reasonably determine the precise iden- viding such a list to the public, as determined amended by adding at the end the following: tity of the article of food covered by a recall appropriate by the Secretary; and ‘‘(xx) The refusal or failure to follow an order order that is in its possession, the notice pro- ‘‘(3) if available, publish on the Internet Web under section 423.’’. vided by the responsible party subject to the site of the Food and Drug Administration an (e) GAO REVIEW.— order issued under paragraph (1)(B) shall in- image of the article that is the subject of the (1) IN GENERAL.—Not later than 90 days after clude such information as is necessary for the press release described in (1). the date of enactment of this Act, the Comp- warehouse-based third party logistics provider ‘‘(h) NO DELEGATION.—The authority con- troller General of the United States shall submit to identify the food. ferred by this section to order a recall or vacate to Congress a report that— ‘‘(B) RULES OF CONSTRUCTION.—Nothing in a recall order shall not be delegated to any offi- (A) identifies State and local agencies with this paragraph shall be construed— cer or employee other than the Commissioner. the authority to require the mandatory recall of ‘‘(i) to exempt a warehouse-based third party ‘‘(i) EFFECT.—Nothing in this section shall af- food, and evaluates use of such authority with logistics provider from the requirements of this fect the authority of the Secretary to request or regard to frequency, effectiveness, and appro- Act, including the requirements in this section participate in a voluntary recall, or to issue an priateness, including consideration of any new and section 414; or order to cease distribution or to recall under any or existing mechanisms available to compensate ‘‘(ii) to exempt a warehouse-based third party other provision of this Act or under the Public persons for general and specific recall-related logistics provider from being the subject of a Health Service Act. costs when a recall is subsequently determined mandatory recall order. ‘‘(j) COORDINATED COMMUNICATION.— by the relevant authority to have been an error;

VerDate Mar 15 2010 05:52 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00090 Fmt 4634 Sfmt 6333 E:\CR\FM\A21DE7.059 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 21, 2010 CONGRESSIONAL RECORD — HOUSE H8877 (B) identifies Federal agencies, other than the (1) striking ‘‘credible evidence or information ‘‘SEC. 1011. IMPROVING THE TRAINING OF STATE, Department of Health and Human Services, indicating’’ and inserting ‘‘reason to believe’’; LOCAL, TERRITORIAL, AND TRIBAL with mandatory recall authority and examines and FOOD SAFETY OFFICIALS. use of that authority with regard to frequency, (2) striking ‘‘presents a threat of serious ad- ‘‘(a) TRAINING.—The Secretary shall set effectiveness, and appropriateness, including verse health consequences or death to humans standards and administer training and edu- any new or existing mechanisms available to or animals’’ and inserting ‘‘is adulterated or cation programs for the employees of State, compensate persons for general and specific re- misbranded’’. local, territorial, and tribal food safety officials relating to the regulatory responsibilities and call-related costs when a recall is subsequently (b) REGULATIONS.—Not later than 120 days determined by the relevant agency to have been after the date of enactment of this Act, the Sec- policies established by this Act, including pro- an error; retary shall issue an interim final rule amending grams for— ‘‘(1) scientific training; (C) considers models for farmer restitution im- subpart K of part 1 of title 21, Code of Federal ‘‘(2) training to improve the skill of officers plemented in other nations in cases of erroneous Regulations, to implement the amendment made and employees authorized to conduct inspec- recalls; and by this section. (D) makes recommendations to the Secretary tions under sections 702 and 704; (c) EFFECTIVE DATE.—The amendment made regarding use of the authority under section 423 ‘‘(3) training to achieve advanced product or by this section shall take effect 180 days after process specialization in such inspections; of the Federal Food, Drug, and Cosmetic Act (as the date of enactment of this Act. added by this section) to protect the public ‘‘(4) training that addresses best practices; health while seeking to minimize unnecessary SEC. 208. DECONTAMINATION AND DISPOSAL ‘‘(5) training in administrative process and STANDARDS AND PLANS. economic costs. procedure and integrity issues; (2) EFFECT OF REVIEW.—If the Comptroller (a) IN GENERAL.—The Administrator of the ‘‘(6) training in appropriate sampling and lab- General of the United States finds, after the re- Environmental Protection Agency (referred to in oratory analysis methodology; and view conducted under paragraph (1), that the this section as the ‘‘Administrator’’), in coordi- ‘‘(7) training in building enforcement actions mechanisms described in such paragraph do not nation with the Secretary of Health and Human following inspections, examinations, testing, exist or are inadequate, then, not later than 90 Services, Secretary of Homeland Security, and and investigations. days after the conclusion of such review, the Secretary of Agriculture, shall provide support ‘‘(b) PARTNERSHIPS WITH STATE AND LOCAL Secretary of Agriculture shall conduct a study for, and technical assistance to, State, local, OFFICIALS.— of the feasibility of implementing a farmer in- and tribal governments in preparing for, assess- ‘‘(1) IN GENERAL.—The Secretary, pursuant to demnification program to provide restitution to ing, decontaminating, and recovering from an a contract or memorandum of understanding be- agricultural producers for losses sustained as a agriculture or food emergency. tween the Secretary and the head of a State, result of a mandatory recall of an agricultural (b) DEVELOPMENT OF STANDARDS.—In car- local, territorial, or tribal department or agency, commodity by a Federal or State regulatory rying out subsection (a), the Administrator, in is authorized and encouraged to conduct exami- agency that is subsequently determined to be in coordination with the Secretary of Health and nations, testing, and investigations for the pur- error. The Secretary of Agriculture shall submit Human Services, Secretary of Homeland Secu- poses of determining compliance with the food to the Committee on Agriculture of the House of rity, Secretary of Agriculture, and State, local, safety provisions of this Act through the officers Representatives and the Committee on Agri- and tribal governments, shall develop and dis- and employees of such State, local, territorial, culture, Nutrition, and Forestry of the Senate a seminate specific standards and protocols to un- or tribal department or agency. report that describes the results of the study, in- dertake clean-up, clearance, and recovery ac- ‘‘(2) CONTENT.—A contract or memorandum cluding any recommendations. tivities following the decontamination and dis- described under paragraph (1) shall include pro- (f) ANNUAL REPORT TO CONGRESS.— posal of specific threat agents and foreign ani- visions to ensure adequate training of such offi- (1) IN GENERAL.—Not later than 2 years after mal diseases. cers and employees to conduct such examina- the date of enactment of this Act and annually (c) DEVELOPMENT OF MODEL PLANS.—In car- tions, testing, and investigations. The contract thereafter, the Secretary of Health and Human rying out subsection (a), the Administrator, the or memorandum shall contain provisions regard- Services (referred to in this subsection as the Secretary of Health and Human Services, and ing reimbursement. Such provisions may, at the ‘‘Secretary’’) shall submit a report to the Com- the Secretary of Agriculture shall jointly de- sole discretion of the head of the other depart- mittee on Health, Education, Labor, and Pen- velop and disseminate model plans for— ment or agency, require reimbursement, in whole sions of the Senate and the Committee on En- (1) the decontamination of individuals, equip- or in part, from the Secretary for the examina- ergy and Commerce of the House of Representa- ment, and facilities following an intentional tions, testing, or investigations performed pur- tives on the use of recall authority under section contamination of agriculture or food; and suant to this section by the officers or employees 423 of the Federal Food, Drug, and Cosmetic Act (2) the disposal of large quantities of animals, of the State, territorial, or tribal department or (as added by subsection (a)) and any public plants, or food products that have been infected agency. health advisories issued by the Secretary that or contaminated by specific threat agents and ‘‘(3) EFFECT.—Nothing in this subsection shall advise against the consumption of an article of foreign animal diseases. be construed to limit the authority of the Sec- food on the ground that the article of food is (d) EXERCISES.—In carrying out subsection retary under section 702. adulterated and poses an imminent danger to (a), the Administrator, in coordination with the ‘‘(c) EXTENSION SERVICE.—The Secretary shall health. entities described under subsection (b), shall ensure coordination with the extension activities (2) CONTENT.—The report under paragraph (1) conduct exercises at least annually to evaluate of the National Institute of Food and Agri- shall include, with respect to the report year— and identify weaknesses in the decontamination culture of the Department of Agriculture in ad- (A) the identity of each article of food that and disposal model plans described in subsection vising producers and small processors was the subject of a public health advisory de- (c). Such exercises shall be carried out, to the transitioning into new practices required as a scribed in paragraph (1), an opportunity to maximum extent practicable, as part of the na- result of the enactment of the FDA Food Safety cease distribution and recall under subsection tional exercise program under section 648(b)(1) Modernization Act and assisting regulated in- (a) of section 423 of the Federal Food, Drug, of the Post-Katrina Emergency Management Re- dustry with compliance with such Act. and Cosmetic Act, or a mandatory recall order form Act of 2006 (6 U.S.C. 748(b)(1)). ‘‘(d) NATIONAL FOOD SAFETY TRAINING, EDU- under subsection (b) of such section; CATION, EXTENSION, OUTREACH AND TECHNICAL (e) MODIFICATIONS.—Based on the exercises (B) the number of responsible parties, as de- ASSISTANCE PROGRAM.— described in subsection (d), the Administrator, fined in section 417 of the Federal Food, Drug, ‘‘(1) IN GENERAL.—In order to improve food in coordination with the entities described in and Cosmetic Act, formally given the oppor- safety and reduce the incidence of foodborne ill- subsection (b), shall review and modify as nec- tunity to cease distribution of an article of food ness, the Secretary shall, not later than 180 days essary the plans described in subsection (c) not and recall such article, as described in section after the date of enactment of the FDA Food less frequently than biennially. 423(a) of such Act; Safety Modernization Act, enter into one or RIORITIZATION.—The Administrator, in (C) the number of responsible parties described (f) P more memoranda of understanding, or enter into coordination with the entities described in sub- in subparagraph (B) who did not cease distribu- other cooperative agreements, with the Sec- section (b), shall develop standards and plans tion of or recall an article of food after given the retary of Agriculture to establish a competitive under subsections (b) and (c) in an identified opportunity to cease distribution or recall under grant program within the National Institute for order of priority that takes into account— section 423(a) of the Federal Food, Drug, and Food and Agriculture to provide food safety Cosmetic Act; (1) highest-risk biological, chemical, and radi- training, education, extension, outreach, and (D) the number of recall orders issued under ological threat agents; technical assistance to— section 423(b) of the Federal Food, Drug, and (2) agents that could cause the greatest eco- ‘‘(A) owners and operators of farms; Cosmetic Act; and nomic devastation to the agriculture and food ‘‘(B) small food processors; and (E) a description of any instances in which system; and ‘‘(C) small fruit and vegetable merchant there was no testing that confirmed adulteration (3) agents that are most difficult to clean or wholesalers. of an article of food that was the subject of a re- remediate. ‘‘(2) IMPLEMENTATION.—The competitive grant call under section 423(b) of the Federal Food, SEC. 209. IMPROVING THE TRAINING OF STATE, program established under paragraph (1) shall Drug, and Cosmetic Act or a public health advi- LOCAL, TERRITORIAL, AND TRIBAL be carried out in accordance with section 405 of sory described in paragraph (1). FOOD SAFETY OFFICIALS. the Agricultural Research, Extension, and Edu- SEC. 207. ADMINISTRATIVE DETENTION OF FOOD. (a) IMPROVING TRAINING.—Chapter X (21 cation Reform Act of 1998. (a) IN GENERAL.—Section 304(h)(1)(A) (21 U.S.C. 391 et seq.) is amended by adding at the ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— U.S.C. 334(h)(1)(A)) is amended by— end the following: There are authorized to be appropriated such

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sums as may be necessary to carry out this sec- ‘‘(E) such other appropriate entity, as deter- ‘‘(c) LIMITATIONS.—The funds provided under tion for fiscal years 2011 through 2015.’’. mined by the Secretary. subsection (a) shall be available to an eligible (b) NATIONAL FOOD SAFETY TRAINING, EDU- ‘‘(2) MULTISTATE PARTNERSHIPS.—Grants entity that receives a grant under this section CATION, EXTENSION, OUTREACH, AND TECHNICAL under this section may be made for projects in- only to the extent such entity funds the food ASSISTANCE PROGRAM.—Title IV of the Agricul- volving more than 1 State. safety programs of such entity independently of tural Research, Extension, and Education Re- ‘‘(g) REGIONAL BALANCE.—In making grants any grant under this section in each year of the form Act of 1998 is amended by inserting after under this section, the Secretary shall, to the grant at a level equal to the level of such fund- section 404 (7 U.S.C. 7624) the following: maximum extent practicable, ensure— ing in the previous year, increased by the Con- ‘‘SEC. 405. NATIONAL FOOD SAFETY TRAINING, ‘‘(1) geographic diversity; and sumer Price Index. Such non-Federal matching EDUCATION, EXTENSION, OUT- ‘‘(2) diversity of types of agricultural produc- funds may be provided directly or through do- REACH, AND TECHNICAL ASSIST- tion. nations from public or private entities and may ANCE PROGRAM. ‘‘(h) TECHNICAL ASSISTANCE.—The Secretary be in cash or in-kind, fairly evaluated, includ- ‘‘(a) IN GENERAL.—The Secretary shall award may use funds made available under this section ing plant, equipment, or services. grants under this section to carry out the com- to provide technical assistance to grant recipi- ‘‘(d) ADDITIONAL AUTHORITY.—The Secretary petitive grant program established under section ents to further the purposes of this section. may— 1011(d) of the Federal Food, Drug, and Cosmetic ‘‘(i) BEST PRACTICES AND MODEL PROGRAMS.— ‘‘(1) award a grant under this section in each Act, pursuant to any memoranda of under- Based on evaluations of, and responses arising subsequent fiscal year without reapplication for standing entered into under such section. from, projects funded under this section, the a period of not more than 3 years, provided the ‘‘(b) INTEGRATED APPROACH.—The grant pro- Secretary may issue a set of recommended best requirements of subsection (c) are met for the gram described under subsection (a) shall be practices and models for food safety training previous fiscal year; and carried out under this section in a manner that programs for agricultural producers, small food ‘‘(2) award a grant under this section in a fis- facilitates the integration of food safety stand- processors, and small fresh fruit and vegetable cal year for which the requirement of subsection ards and guidance with the variety of agricul- merchant wholesalers. (c) has not been met only if such requirement tural production systems, encompassing conven- ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— was not met because such funding was diverted tional, sustainable, organic, and conservation For the purposes of making grants under this for response to 1 or more natural disasters or in and environmental practices. section, there are authorized to be appropriated other extenuating circumstances that the Sec- ‘‘(c) PRIORITY.—In awarding grants under such sums as may be necessary for fiscal years retary may determine appropriate. this section, the Secretary shall give priority to 2011 through 2015.’’. ‘‘(e) DURATION OF AWARDS.—The Secretary projects that target small and medium-sized SEC. 210. ENHANCING FOOD SAFETY. may award grants to an individual grant recipi- farms, beginning farmers, socially disadvan- (a) GRANTS TO ENHANCE FOOD SAFETY.—Sec- ent under this section for periods of not more taged farmers, small processors, or small fresh tion 1009 of the Federal Food, Drug, and Cos- than 3 years. In the event the Secretary con- fruit and vegetable merchant wholesalers. metic Act (21 U.S.C. 399) is amended to read as ducts a program evaluation, funding in the sec- ‘‘(d) PROGRAM COORDINATION.— follows: ond year or third year of the grant, where ap- ‘‘(1) IN GENERAL.—The Secretary shall coordi- ‘‘SEC. 1009. GRANTS TO ENHANCE FOOD SAFETY. plicable, shall be contingent on a successful pro- nate implementation of the grant program under ‘‘(a) IN GENERAL.—The Secretary is author- gram evaluation by the Secretary after the first this section with the National Integrated Food ized to make grants to eligible entities to— year. Safety Initiative. ‘‘(1) undertake examinations, inspections, and ‘‘(f) PROGRESS AND EVALUATION.— ‘‘(2) INTERACTION.—The Secretary shall— investigations, and related food safety activities ‘‘(1) IN GENERAL.—The Secretary shall meas- ‘‘(A) in carrying out the grant program under under section 702; ure the status and success of each grant pro- this section, take into consideration applied re- ‘‘(2) train to the standards of the Secretary for gram authorized under the FDA Food Safety search, education, and extension results ob- the examination, inspection, and investigation Modernization Act (and any amendment made tained from the National Integrated Food Safety of food manufacturing, processing, packing, by such Act), including the grant program Initiative; and holding, distribution, and importation, includ- under this section. A recipient of a grant de- ‘‘(B) in determining the applied research ing as such examination, inspection, and inves- scribed in the preceding sentence shall, at the agenda for the National Integrated Food Safety tigation relate to retail food establishments; end of each grant year, provide the Secretary Initiative, take into consideration the needs ar- ‘‘(3) build the food safety capacity of the lab- with information on how grant funds were ticulated by participants in projects funded by oratories of such eligible entity, including the spent and the status of the efforts by such re- the program under this section. detection of zoonotic diseases; cipient to enhance food safety. To the extent ‘‘(e) GRANTS.— ‘‘(4) build the infrastructure and capacity of practicable, the Secretary shall take the per- ‘‘(1) IN GENERAL.—In carrying out this sec- the food safety programs of such eligible entity formance of such a grant recipient into account tion, the Secretary shall make competitive to meet the standards as outlined in the grant when determining whether to continue funding grants to support training, education, extension, application; and for such recipient. outreach, and technical assistance projects that ‘‘(5) take appropriate action to protect the ‘‘(2) NO DUPLICATION.—In carrying out para- will help improve public health by increasing public health in response to— graph (1), the Secretary shall not duplicate the the understanding and adoption of established ‘‘(A) a notification under section 1008, includ- efforts of the Secretary under other provisions food safety standards, guidance, and protocols. ing planning and otherwise preparing to take of this Act or the FDA Food Safety Moderniza- ‘‘(2) ENCOURAGED FEATURES.—The Secretary such action; or tion Act that require measurement and review of shall encourage projects carried out using grant ‘‘(B) a recall of food under this Act. the activities of grant recipients under either funds under this section to include co-manage- ‘‘(b) ELIGIBLE ENTITIES; APPLICATION.— such Act. ment of food safety, conservation systems, and ‘‘(1) IN GENERAL.—In this section, the term ‘el- ‘‘(g) SUPPLEMENT NOT SUPPLANT.—Grant ecological health. igible entity’ means an entity— funds received under this section shall be used ‘‘(A) that is— ‘‘(3) MAXIMUM TERM AND SIZE OF GRANT.— to supplement, and not supplant, non-Federal ‘‘(i) a State; ‘‘(A) IN GENERAL.—A grant under this section funds and any other Federal funds available to ‘‘(ii) a locality; shall have a term that is not more than 3 years. ‘‘(iii) a territory; carry out the activities described in this section. ‘‘(B) LIMITATION ON GRANT FUNDING.—The ‘‘(iv) an Indian tribe (as defined in section ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— Secretary may not provide grant funding to an 4(e) of the Indian Self-Determination and Edu- For the purpose of making grants under this entity under this section after such entity has cation Assistance Act); or section, there are authorized to be appropriated received 3 years of grant funding under this sec- ‘‘(v) a nonprofit food safety training entity such sums as may be necessary for fiscal years tion. that collaborates with 1 or more institutions of 2011 through 2015.’’. ENTERS OF EXCELLENCE.—Part P of the ‘‘(f) GRANT ELIGIBILITY.— higher education; and (b) C ‘‘(1) IN GENERAL.—To be eligible for a grant ‘‘(B) that submits an application to the Sec- Public Health Service Act (42 U.S.C. 280g et seq.) under this section, an entity shall be— retary at such time, in such manner, and in- is amended by adding at the end the following: ‘‘(A) a State cooperative extension service; cluding such information as the Secretary may ‘‘SEC. 399V–5. FOOD SAFETY INTEGRATED CEN- ‘‘(B) a Federal, State, local, or tribal agency, reasonably require. TERS OF EXCELLENCE. a nonprofit community-based or non-govern- ‘‘(2) CONTENTS.—Each application submitted ‘‘(a) IN GENERAL.—Not later than 1 year after mental organization, or an organization rep- under paragraph (1) shall include— the date of enactment of the FDA Food Safety resenting owners and operators of farms, small ‘‘(A) an assurance that the eligible entity has Modernization Act, the Secretary, acting food processors, or small fruit and vegetable developed plans to engage in the types of activi- through the Director of the Centers for Disease merchant wholesalers that has a commitment to ties described in subsection (a); Control and Prevention and in consultation public health and expertise in administering ‘‘(B) a description of the types of activities to with the working group described in subsection programs that contribute to food safety; be funded by the grant; (b)(2), shall designate 5 Integrated Food Safety ‘‘(C) an institution of higher education (as de- ‘‘(C) an itemization of how grant funds re- Centers of Excellence (referred to in this section fined in section 101(a) of the Higher Education ceived under this section will be expended; as the ‘Centers of Excellence’) to serve as re- Act of 1965 (20 U.S.C. 1001(a))) or a foundation ‘‘(D) a description of how grant activities will sources for Federal, State, and local public maintained by an institution of higher edu- be monitored; and health professionals to respond to foodborne ill- cation; ‘‘(E) an agreement by the eligible entity to re- ness outbreaks. The Centers of Excellence shall ‘‘(D) a collaboration of 2 of more eligible enti- port information required by the Secretary to be headquartered at selected State health de- ties described in this subsection; or conduct evaluations under this section. partments.

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‘‘(b) SELECTION OF CENTERS OF EXCELLENCE.— (2) by inserting after subsection (e) the fol- ‘‘(1) VERIFICATION REQUIREMENT.—Except as ‘‘(1) ELIGIBLE ENTITIES.—To be eligible to be lowing: provided under subsections (e) and (f), each im- designated as a Center of Excellence under sub- ‘‘(f) CRITICAL INFORMATION.—Except with re- porter shall perform risk-based foreign supplier section (a), an entity shall— spect to fruits and vegetables that are raw agri- verification activities for the purpose of ‘‘(A) be a State health department; cultural commodities, not more than 18 months verifying that the food imported by the importer ‘‘(B) partner with 1 or more institutions of after the date of enactment of the FDA Food or agent of an importer is— higher education that have demonstrated Safety Modernization Act, the Secretary may re- ‘‘(A) produced in compliance with the require- knowledge, expertise, and meaningful experi- quire a responsible party to submit to the Sec- ments of section 418 or section 419, as appro- ence with regional or national food production, retary consumer-oriented information regarding priate; and processing, and distribution, as well as leader- a reportable food, which shall include— ‘‘(B) is not adulterated under section 402 or ship in the laboratory, epidemiological, and en- ‘‘(1) a description of the article of food as pro- misbranded under section 403(w). vironmental detection and investigation of vided in subsection (e)(3); ‘‘(2) IMPORTER DEFINED.—For purposes of this foodborne illness; and ‘‘(2) as provided in subsection (e)(7), affected section, the term ‘importer’ means, with respect ‘‘(C) provide to the Secretary such informa- product identification codes, such as UPC, SKU, to an article of food— tion, at such time, and in such manner, as the or lot or batch numbers sufficient for the con- ‘‘(A) the United States owner or consignee of Secretary may require. sumer to identify the article of food; the article of food at the time of entry of such ‘‘(2) WORKING GROUP.—Not later than 180 ‘‘(3) contact information for the responsible article into the United States; or days after the date of enactment of the FDA party as provided in subsection (e)(8); and ‘‘(B) in the case when there is no United Food Safety Modernization Act, the Secretary ‘‘(4) any other information the Secretary de- States owner or consignee as described in sub- shall establish a diverse working group of ex- termines is necessary to enable a consumer to paragraph (A), the United States agent or rep- perts and stakeholders from Federal, State, and accurately identify whether such consumer is in resentative of a foreign owner or consignee of local food safety and health agencies, the food possession of the reportable food. the article of food at the time of entry of such industry, including food retailers and food man- ‘‘(g) GROCERY STORE NOTIFICATION.— article into the United States. ufacturers, consumer organizations, and aca- ‘‘(1) ACTION BY SECRETARY.—The Secretary ‘‘(b) GUIDANCE.—Not later than 1 year after demia to make recommendations to the Sec- shall— the date of enactment of the FDA Food Safety retary regarding designations of the Centers of ‘‘(A) prepare the critical information described Modernization Act, the Secretary shall issue Excellence. under subsection (f) for a reportable food as a guidance to assist importers in developing for- ‘‘(3) ADDITIONAL CENTERS OF EXCELLENCE.— standardized one-page summary; eign supplier verification programs. The Secretary may designate eligible entities to ‘‘(B) publish such one-page summary on the ‘‘(c) REGULATIONS.— be regional Food Safety Centers of Excellence, Internet website of the Food and Drug Adminis- ‘‘(1) IN GENERAL.—Not later than 1 year after in addition to the 5 Centers designated under tration in a format that can be easily printed by the date of enactment of the FDA Food Safety subsection (a). a grocery store for purposes of consumer notifi- Modernization Act, the Secretary shall promul- ‘‘(c) ACTIVITIES.—Under the leadership of the cation. gate regulations to provide for the content of the Director of the Centers for Disease Control and ‘‘(2) ACTION BY GROCERY STORE.—A notifica- foreign supplier verification program established Prevention, each Center of Excellence shall be tion described under paragraph (1)(B) shall in- under subsection (a). based out of a selected State health department, clude the date and time such summary was post- ‘‘(2) REQUIREMENTS.—The regulations promul- which shall provide assistance to other regional, ed on the Internet website of the Food and Drug gated under paragraph (1)— State, and local departments of health through Administration. ‘‘(A) shall require that the foreign supplier ‘‘(h) CONSUMER NOTIFICATION.— activities that include— verification program of each importer be ade- ‘‘(1) IN GENERAL.—If a grocery store sold a re- ‘‘(1) providing resources, including timely in- quate to provide assurances that each foreign portable food that is the subject of the posting formation concerning symptoms and tests, for supplier to the importer produces the imported and such establishment is part of chain of estab- frontline health professionals interviewing indi- food in compliance with— lishments with 15 or more physical locations, viduals as part of routine surveillance and out- ‘‘(i) processes and procedures, including rea- then such establishment shall, not later than 24 break investigations; sonably appropriate risk-based preventive con- ‘‘(2) providing analysis of the timeliness and hours after a one page summary described in trols, that provide the same level of public effectiveness of foodborne disease surveillance subsection (g) is published, prominently display health protection as those required under sec- and outbreak response activities; such summary or the information from such tion 418 or section 419 (taking into consideration ‘‘(3) providing training for epidemiological summary via at least one of the methods identi- variances granted under section 419), as appro- and environmental investigation of foodborne fied under paragraph (2) and maintain the dis- priate; and illness, including suggestions for streamlining play for 14 days. ‘‘(ii) section 402 and section 403(w). and standardizing the investigation process; ‘‘(2) LIST OF CONSPICUOUS LOCATIONS.—Not ‘‘(B) shall include such other requirements as ‘‘(4) establishing fellowships, stipends, and more than 1 year after the date of enactment of the Secretary deems necessary and appropriate scholarships to train future epidemiological and the FDA Food Safety Modernization Act, the to verify that food imported into the United food-safety leaders and to address critical work- Secretary shall develop and publish a list of ac- States is as safe as food produced and sold with- force shortages; ceptable conspicuous locations and manners, in the United States. ‘‘(5) training and coordinating State and local from which grocery stores shall select at least ‘‘(3) CONSIDERATIONS.—In promulgating regu- personnel; one, for providing the notification required in lations under this subsection, the Secretary ‘‘(6) strengthening capacity to participate in paragraph (1). Such list shall include— shall, as appropriate, take into account dif- existing or new foodborne illness surveillance ‘‘(A) posting the notification at or near the ferences among importers and types of imported and environmental assessment information sys- register; foods, including based on the level of risk posed tems; and ‘‘(B) providing the location of the reportable by the imported food. ‘‘(7) conducting research and outreach activi- food; ‘‘(4) ACTIVITIES.—Verification activities under ties focused on increasing prevention, commu- ‘‘(C) providing targeted recall information a foreign supplier verification program under nication, and education regarding food safety. given to customers upon purchase of a food; and this section may include monitoring records for ‘‘(d) REPORT TO CONGRESS.—Not later than 2 ‘‘(D) other such prominent and conspicuous shipments, lot-by-lot certification of compliance, years after the date of enactment of the FDA locations and manners utilized by grocery stores annual on-site inspections, checking the hazard Food Safety Modernization Act, the Secretary as of the date of the enactment of the FDA Food analysis and risk-based preventive control plan shall submit to Congress a report that— Safety Modernization Act to provide notice of of the foreign supplier, and periodically testing ‘‘(1) describes the effectiveness of the Centers such recalls to consumers as considered appro- and sampling shipments. of Excellence; and priate by the Secretary.’’. ‘‘(d) RECORD MAINTENANCE AND ACCESS.— ‘‘(2) provides legislative recommendations or (b) PROHIBITED ACT.—Section 301 (21 U.S.C. Records of an importer related to a foreign sup- describes additional resources required by the 331), as amended by section 206, is amended by plier verification program shall be maintained Centers of Excellence. adding at the end the following: for a period of not less than 2 years and shall ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(yy) The knowing and willful failure to com- be made available promptly to a duly authorized There is authorized to be appropriated such ply with the notification requirement under sec- representative of the Secretary upon request. sums as may be necessary to carry out this section 417(h).’’. ‘‘(e) EXEMPTION OF SEAFOOD, JUICE, AND tion. (c) CONFORMING AMENDMENT.—Section 301(e) LOW-ACID CANNED FOOD FACILITIES IN COMPLI- ‘‘(f) NO DUPLICATION OF EFFORT.—In car- (21 U.S.C. 331(e)) is amended by striking ANCE WITH HACCP.—This section shall not rying out activities of the Centers of Excellence ‘‘417(g)’’ and inserting ‘‘417(j)’’. apply to a facility if the owner, operator, or or other programs under this section, the Sec- TITLE III—IMPROVING THE SAFETY OF agent in charge of such facility is required to retary shall not duplicate other Federal IMPORTED FOOD comply with, and is in compliance with, 1 of the foodborne illness response efforts.’’. SEC. 301. FOREIGN SUPPLIER VERIFICATION PRO- following standards and regulations with re- SEC. 211. IMPROVING THE REPORTABLE FOOD GRAM. spect to such facility: REGISTRY. (a) IN GENERAL.—Chapter VIII (21 U.S.C. 381 ‘‘(1) The Seafood Hazard Analysis Critical (a) IN GENERAL.—Section 417 (21 U.S.C. 350f) et seq.) is amended by adding at the end the fol- Control Points Program of the Food and Drug is amended— lowing: Administration. (1) by redesignating subsections (f) through ‘‘SEC. 805. FOREIGN SUPPLIER VERIFICATION ‘‘(2) The Juice Hazard Analysis Critical Con- (k) as subsections (i) through (n), respectively; PROGRAM. trol Points Program of the Food and Drug Ad- and ‘‘(a) IN GENERAL.— ministration.

VerDate Mar 15 2010 05:52 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00093 Fmt 4634 Sfmt 6333 E:\CR\FM\A21DE7.059 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8880 CONGRESSIONAL RECORD — HOUSE December 21, 2010 ‘‘(3) The Thermally Processed Low-Acid Foods ‘‘(1) The known safety risks of the food to be ‘‘(D) information submitted to the Secretary in Packaged in Hermetically Sealed Containers imported. accordance with the process established in para- standards of the Food and Drug Administration ‘‘(2) The compliance history of foreign sup- graph (7). (or any successor standards). pliers used by the importer, as appropriate. ‘‘(3) CERTIFYING ENTITIES.—For purposes of The exemption under paragraph (3) shall apply ‘‘(3) The capability of the regulatory system of paragraph (1), entities that shall provide the only with respect to microbiological hazards the country of export to ensure compliance with certification or assurances described in such that are regulated under the standards for United States food safety standards for a des- paragraph are— Thermally Processed Low-Acid Foods Packaged ignated food. ‘‘(A) an agency or a representative of the gov- in Hermetically Sealed Containers under part ‘‘(4) The compliance of the importer with the ernment of the country from which the article of 113 of chapter 21, Code of Federal Regulations requirements of section 805. food at issue originated, as designated by the (or any successor regulations). ‘‘(5) The recordkeeping, testing, inspections Secretary; or and audits of facilities, traceability of articles of ‘‘(f) ADDITIONAL EXEMPTIONS.—The Sec- ‘‘(B) such other persons or entities accredited retary, by notice published in the Federal Reg- food, temperature controls, and sourcing prac- pursuant to section 808 to provide such certifi- ister, shall establish an exemption from the re- tices of the importer. cation or assurance. ‘‘(6) The potential risk for intentional adulter- quirements of this section for articles of food im- ‘‘(4) RENEWAL AND REFUSAL OF CERTIFI- ation of the food. ported in small quantities for research and eval- CATIONS.—The Secretary may— ‘‘(7) Any other factor that the Secretary deter- ‘‘(A) require that any certification or other as- uation purposes or for personal consumption, mines appropriate. surance provided by an entity specified in para- provided that such foods are not intended for ‘‘(e) REVIEW AND REVOCATION.—Any importer graph (2) be renewed by such entity at such retail sale and are not sold or distributed to the qualified by the Secretary in accordance with times as the Secretary determines appropriate; public. the eligibility criteria set forth in this section and ‘‘(g) PUBLICATION OF LIST OF PARTICIPANTS.— shall be reevaluated not less often than once ‘‘(B) refuse to accept any certification or as- The Secretary shall publish and maintain on the every 3 years and the Secretary shall promptly surance if the Secretary determines that such Internet Web site of the Food and Drug Admin- revoke the qualified importer status of any im- certification or assurance is not valid or reli- istration a current list that includes the name porter found not to be in compliance with such able. of, location of, and other information deemed criteria. ‘‘(5) ELECTRONIC SUBMISSION.—The Secretary necessary by the Secretary about, importers par- ‘‘(f) FALSE STATEMENTS.—Any statement or shall provide for the electronic submission of ticipating under this section.’’. representation made by an importer to the Sec- certifications under this subsection. (b) PROHIBITED ACT.—Section 301 (21 U.S.C. retary shall be subject to section 1001 of title 18, ‘‘(6) FALSE STATEMENTS.—Any statement or 331), as amended by section 211, is amended by United States Code. representation made by an entity described in adding at the end the following: ‘‘(g) DEFINITION.—For purposes of this sec- paragraph (2) to the Secretary shall be subject ‘‘(zz) The importation or offering for importation, the term ‘importer’ means the person that to section 1001 of title 18, United States Code. tion of a food if the importer (as defined in sec- brings food, or causes food to be brought, from ‘‘(7) ASSESSMENT OF FOOD SAFETY PROGRAMS, tion 805) does not have in place a foreign sup- a foreign country into the customs territory of SYSTEMS, AND STANDARDS.—If the Secretary de- plier verification program in compliance with the United States.’’. termines that the food safety programs, systems, such section 805.’’. SEC. 303. AUTHORITY TO REQUIRE IMPORT CER- and standards in a foreign region, country, or MPORTS (c) I .—Section 801(a) (21 U.S.C. 381(a)) TIFICATIONS FOR FOOD. territory are inadequate to ensure that an arti- is amended by adding ‘‘or the importer (as de- (a) IN GENERAL.—Section 801(a) (21 U.S.C. cle of food is as safe as a similar article of food fined in section 805) is in violation of such sec- 381(a)) is amended by inserting after the third that is manufactured, processed, packed, or held tion 805’’ after ‘‘or in violation of section 505’’. sentence the following: ‘‘With respect to an arti- in the United States in accordance with the re- (d) EFFECTIVE DATE.—The amendments made cle of food, if importation of such food is subject quirements of this Act, the Secretary shall, to by this section shall take effect 2 years after the to, but not compliant with, the requirement the extent practicable, identify such inadequa- date of enactment of this Act. under subsection (q) that such food be accom- cies and establish a process by which the foreign SEC. 302. VOLUNTARY QUALIFIED IMPORTER panied by a certification or other assurance that region, country, or territory may inform the Sec- PROGRAM. the food meets applicable requirements of this retary of improvements made to such food safety Chapter VIII (21 U.S.C. 381 et seq.), as amend- Act, then such article shall be refused admis- program, system, or standard and demonstrate ed by section 301, is amended by adding at the sion.’’. that those controls are adequate to ensure that end the following: (b) ADDITION OF CERTIFICATION REQUIRE- an article of food is as safe as a similar article ‘‘SEC. 806. VOLUNTARY QUALIFIED IMPORTER MENT.—Section 801 (21 U.S.C. 381) is amended of food that is manufactured, processed, packed, PROGRAM. by adding at the end the following new sub- or held in the United States in accordance with ‘‘(a) IN GENERAL.—Beginning not later than section: the requirements of this Act.’’. 18 months after the date of enactment of the ‘‘(q) CERTIFICATIONS CONCERNING IMPORTED (c) CONFORMING TECHNICAL AMENDMENT.— FDA Food Safety Modernization Act, the Sec- FOODS.— Section 801(b) (21 U.S.C. 381(b)) is amended in retary shall— ‘‘(1) IN GENERAL.—The Secretary may require, the second sentence by striking ‘‘with respect to ‘‘(1) establish a program, in consultation with as a condition of granting admission to an arti- an article included within the provision of the the Secretary of Homeland Security— cle of food imported or offered for import into fourth sentence of subsection (a)’’ and inserting ‘‘(A) to provide for the expedited review and the United States, that an entity described in ‘‘with respect to an article described in sub- importation of food offered for importation by paragraph (3) provide a certification, or such section (a) relating to the requirements of sec- importers who have voluntarily agreed to par- other assurances as the Secretary determines tions 760 or 761,’’. ticipate in such program; and appropriate, that the article of food complies (d) NO LIMIT ON AUTHORITY.—Nothing in the ‘‘(B) consistent with section 808, establish a with applicable requirements of this Act. Such amendments made by this section shall limit the process for the issuance of a facility certifi- certification or assurances may be provided in authority of the Secretary to conduct inspec- cation to accompany food offered for importa- the form of shipment-specific certificates, a list- tions of imported food or to take such other tion by importers who have voluntarily agreed ing of certified facilities that manufacture, proc- steps as the Secretary deems appropriate to de- to participate in such program; and ess, pack, or hold such food, or in such other termine the admissibility of imported food. ‘‘(2) issue a guidance document related to par- form as the Secretary may specify. SEC. 304. PRIOR NOTICE OF IMPORTED FOOD ticipation in, revocation of such participation ‘‘(2) FACTORS TO BE CONSIDERED IN REQUIRING SHIPMENTS. in, reinstatement in, and compliance with, such CERTIFICATION.—The Secretary shall base the (a) IN GENERAL.—Section 801(m)(1) (21 U.S.C. program. determination that an article of food is required 381(m)(1)) is amended by inserting ‘‘any country ‘‘(b) VOLUNTARY PARTICIPATION.—An importer to have a certification described in paragraph to which the article has been refused entry;’’ may request the Secretary to provide for the ex- (1) on the risk of the food, including— after ‘‘the country from which the article is pedited review and importation of designated ‘‘(A) known safety risks associated with the shipped;’’. foods in accordance with the program estab- food; (b) REGULATIONS.—Not later than 120 days lished by the Secretary under subsection (a). ‘‘(B) known food safety risks associated with after the date of enactment of this Act, the Sec- ‘‘(c) NOTICE OF INTENT TO PARTICIPATE.—An the country, territory, or region of origin of the retary shall issue an interim final rule amending importer that intends to participate in the pro- food; subpart I of part 1 of title 21, Code of Federal gram under this section in a fiscal year shall ‘‘(C) a finding by the Secretary, supported by Regulations, to implement the amendment made submit a notice and application to the Secretary scientific, risk-based evidence, that— by this section. of such intent at the time and in a manner es- ‘‘(i) the food safety programs, systems, and (c) EFFECTIVE DATE.—The amendment made tablished by the Secretary. standards in the country, territory, or region of by this section shall take effect 180 days after ‘‘(d) ELIGIBILITY.—Eligibility shall be limited origin of the food are inadequate to ensure that the date of enactment of this Act. to an importer offering food for importation the article of food is as safe as a similar article SEC. 305. BUILDING CAPACITY OF FOREIGN GOV- from a facility that has a certification described of food that is manufactured, processed, packed, ERNMENTS WITH RESPECT TO FOOD in subsection (a). In reviewing the applications or held in the United States in accordance with SAFETY. and making determinations on such applica- the requirements of this Act; and (a) IN GENERAL.—The Secretary shall, not tions, the Secretary shall consider the risk of the ‘‘(ii) the certification would assist the Sec- later than 2 years of the date of enactment of food to be imported based on factors, such as the retary in determining whether to refuse or admit this Act, develop a comprehensive plan to ex- following: the article of food under subsection (a); and pand the technical, scientific, and regulatory

VerDate Mar 15 2010 05:52 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00094 Fmt 4634 Sfmt 6333 E:\CR\FM\A21DE7.059 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 21, 2010 CONGRESSIONAL RECORD — HOUSE H8881 food safety capacity of foreign governments, may provide technical assistance related to such ‘‘(ii) whether a facility is eligible to receive a and their respective food industries, from which activities. facility certification under section 806(a) for foods are exported to the United States. (2) INSPECTION REPORT.— purposes of participating in the program under (b) CONSULTATION.—In developing the plan (A) IN GENERAL.—The Secretary of Health and section 806. under subsection (a), the Secretary shall consult Human Services, in coordination with the Sec- ‘‘(b) ACCREDITATION SYSTEM.— with the Secretary of Agriculture, Secretary of retary of Commerce, shall— ‘‘(1) ACCREDITATION BODIES.— State, Secretary of the Treasury, the Secretary (i) prepare an inspection report for each in- ‘‘(A) RECOGNITION OF ACCREDITATION BOD- of Homeland Security, the United States Trade spection conducted under paragraph (1); IES.— ‘‘(i) IN GENERAL.—Not later than 2 years after Representative, and the Secretary of Commerce, (ii) provide the report to the country or ex- the date of enactment of the FDA Food Safety representatives of the food industry, appropriate porter that is the subject of the report; and Modernization Act, the Secretary shall establish foreign government officials, nongovernmental (iii) provide a 30-day period during which the a system for the recognition of accreditation organizations that represent the interests of country or exporter may provide a rebuttal or bodies that accredit third-party auditors to cer- consumers, and other stakeholders. other comments on the findings of the report to tify that eligible entities meet the applicable re- (c) PLAN.—The plan developed under sub- the Secretary of Health and Human Services. quirements of this section. ISTRIBUTION AND USE OF REPORT section (a) shall include, as appropriate, the fol- (B) D .—The ‘‘(ii) DIRECT ACCREDITATION.—If, by the date lowing: Secretary of Health and Human Services shall that is 2 years after the date of establishment of (1) Recommendations for bilateral and multi- consider the inspection reports described in sub- the system described in clause (i), the Secretary lateral arrangements and agreements, including paragraph (A) in distributing inspection re- has not identified and recognized an accredita- provisions to provide for responsibility of export- sources under section 421 of the Federal Food, tion body to meet the requirements of this sec- ing countries to ensure the safety of food. Drug, and Cosmetic Act, as added by section tion, the Secretary may directly accredit third- (2) Provisions for secure electronic data shar- 201. party auditors. ing. SEC. 307. ACCREDITATION OF THIRD-PARTY AUDI- ‘‘(B) NOTIFICATION.—Each accreditation body (3) Provisions for mutual recognition of in- TORS. recognized by the Secretary shall submit to the spection reports. Chapter VIII (21 U.S.C. 381 et seq.), as amend- Secretary a list of all accredited third-party (4) Training of foreign governments and food ed by section 306, is amended by adding at the auditors accredited by such body and the audit producers on United States requirements for safe end the following: agents of such auditors. food. ‘‘SEC. 808. ACCREDITATION OF THIRD-PARTY ‘‘(C) REVOCATION OF RECOGNITION AS AN AC- (5) Recommendations on whether and how to AUDITORS. CREDITATION BODY.—The Secretary shall harmonize requirements under the Codex ‘‘(a) DEFINITIONS.—In this section: promptly revoke the recognition of any accredi- Alimentarius. ‘‘(1) AUDIT AGENT.—The term ‘audit agent’ tation body found not to be in compliance with (6) Provisions for the multilateral acceptance means an individual who is an employee or the requirements of this section. of laboratory methods and testing and detection agent of an accredited third-party auditor and, ‘‘(D) REINSTATEMENT.—The Secretary shall techniques. although not individually accredited, is quali- establish procedures to reinstate recognition of (d) RULE OF CONSTRUCTION.—Nothing in this fied to conduct food safety audits on behalf of an accreditation body if the Secretary deter- section shall be construed to affect the regula- an accredited third-party auditor. mines, based on evidence presented by such accreditation body, that revocation was inappro- tion of dietary supplements under the Dietary ‘‘(2) ACCREDITATION BODY.—The term ‘accred- Supplement Health and Education Act of 1994 itation body’ means an authority that performs priate or that the body meets the requirements (Public Law 103–417). accreditation of third-party auditors. for recognition under this section. ‘‘(2) MODEL ACCREDITATION STANDARDS.—Not SEC. 306. INSPECTION OF FOREIGN FOOD FACILI- ‘‘(3) THIRD-PARTY AUDITOR.—The term ‘third- later than 18 months after the date of enactment TIES. party auditor’ means a foreign government, of the FDA Food Safety Modernization Act, the (a) IN GENERAL.—Chapter VIII (21 U.S.C. 381 agency of a foreign government, foreign cooper- et seq.), as amended by section 302, is amended Secretary shall develop model standards, includ- ative, or any other third party, as the Secretary ing requirements for regulatory audit reports, by inserting at the end the following: determines appropriate in accordance with the and each recognized accreditation body shall ‘‘SEC. 807. INSPECTION OF FOREIGN FOOD FA- model standards described in subsection (b)(2), ensure that third-party auditors and audit CILITIES. that is eligible to be considered for accreditation agents of such auditors meet such standards in ‘‘(a) INSPECTION.—The Secretary— to conduct food safety audits to certify that eli- order to qualify such third-party auditors as ac- ‘‘(1) may enter into arrangements and agree- gible entities meet the applicable requirements of credited third-party auditors under this section. ments with foreign governments to facilitate the this section. A third-party auditor may be a sin- In developing the model standards, the Sec- inspection of foreign facilities registered under gle individual. A third-party auditor may em- retary shall look to standards in place on the section 415; and ploy or use audit agents to help conduct con- date of the enactment of this section for guid- ‘‘(2) shall direct resources to inspections of sultative and regulatory audits. ance, to avoid unnecessary duplication of ef- foreign facilities, suppliers, and food types, es- ‘‘(4) ACCREDITED THIRD-PARTY AUDITOR.—The forts and costs. pecially such facilities, suppliers, and food types term ‘accredited third-party auditor’ means a ‘‘(c) THIRD-PARTY AUDITORS.— that present a high risk (as identified by the third-party auditor accredited by an accredita- ‘‘(1) REQUIREMENTS FOR ACCREDITATION AS A Secretary), to help ensure the safety and secu- tion body to conduct audits of eligible entities to THIRD-PARTY AUDITOR.— rity of the food supply of the United States. certify that such eligible entities meet the appli- ‘‘(A) FOREIGN GOVERNMENTS.—Prior to accred- ‘‘(b) EFFECT OF INABILITY TO INSPECT.—Not- cable requirements of this section. An accredited iting a foreign government or an agency of a withstanding any other provision of law, food third-party auditor may be an individual who foreign government as an accredited third-party shall be refused admission into the United conducts food safety audits to certify that eligi- auditor, the accreditation body (or, in the case States if it is from a foreign factory, warehouse, ble entities meet the applicable requirements of of direct accreditation under subsection or other establishment of which the owner, oper- this section. (b)(1)(A)(ii), the Secretary) shall perform such ator, or agent in charge, or the government of ‘‘(5) CONSULTATIVE AUDIT.—The term ‘consult- reviews and audits of food safety programs, sys- the foreign country, refuses to permit entry of ative audit’ means an audit of an eligible enti- tems, and standards of the government or agen- United States inspectors or other individuals ty— cy of the government as the Secretary deems duly designated by the Secretary, upon request, ‘‘(A) to determine whether such entity is in necessary, including requirements under the to inspect such factory, warehouse, or other es- compliance with the provisions of this Act and model standards developed under subsection tablishment. For purposes of this subsection, with applicable industry standards and prac- (b)(2), to determine that the foreign government such an owner, operator, or agent in charge tices; and or agency of the foreign government is capable shall be considered to have refused an inspec- ‘‘(B) the results of which are for internal pur- of adequately ensuring that eligible entities or tion if such owner, operator, or agent in charge poses only. foods certified by such government or agency does not permit an inspection of a factory, ‘‘(6) ELIGIBLE ENTITY.—The term ‘eligible enti- meet the requirements of this Act with respect to warehouse, or other establishment during the ty’ means a foreign entity, including a foreign food manufactured, processed, packed, or held 24-hour period after such request is submitted, facility registered under section 415, in the food for import into the United States. or after such other time period, as agreed upon import supply chain that chooses to be audited ‘‘(B) FOREIGN COOPERATIVES AND OTHER THIRD by the Secretary and the foreign factory, ware- by an accredited third-party auditor or the PARTIES.—Prior to accrediting a foreign cooper- house, or other establishment.’’. audit agent of such accredited third-party audi- ative that aggregates the products of growers or (b) INSPECTION BY THE SECRETARY OF COM- tor. processors, or any other third party to be an ac- MERCE.— ‘‘(7) REGULATORY AUDIT.—The term ‘regu- credited third-party auditor, the accreditation (1) IN GENERAL.—The Secretary of Commerce, latory audit’ means an audit of an eligible enti- body (or, in the case of direct accreditation in coordination with the Secretary of Health ty— under subsection (b)(1)(A)(ii), the Secretary) and Human Services, may send 1 or more inspec- ‘‘(A) to determine whether such entity is in shall perform such reviews and audits of the tors to a country or facility of an exporter from compliance with the provisions of this Act; and training and qualifications of audit agents used which seafood imported into the United States ‘‘(B) the results of which determine— by that cooperative or party and conduct such originates. The inspectors shall assess practices ‘‘(i) whether an article of food manufactured, reviews of internal systems and such other in- and processes used in connection with the farm- processed, packed, or held by such entity is eli- vestigation of the cooperative or party as the ing, cultivation, harvesting, preparation for gible to receive a food certification under section Secretary deems necessary, including require- market, or transportation of such seafood and 801(q); or ments under the model standards developed

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under subsection (b)(2), to determine that each ‘‘(4) REQUIREMENTS OF ACCREDITED THIRD- probability of causing serious adverse health eligible entity certified by the cooperative or PARTY AUDITORS AND AUDIT AGENTS OF SUCH consequences or death in humans or animals; party has systems and standards in use to en- AUDITORS.— ‘‘(ii) following an evaluation and finding by sure that such entity or food meets the require- ‘‘(A) RISKS TO PUBLIC HEALTH.—If, at any the Secretary that the third-party auditor no ments of this Act. time during an audit, an accredited third-party longer meets the requirements for accreditation; ‘‘(2) REQUIREMENT TO ISSUE CERTIFICATION OF auditor or audit agent of such auditor discovers or ELIGIBLE ENTITIES OR FOODS.— a condition that could cause or contribute to a ‘‘(iii) following a refusal to allow United ‘‘(A) IN GENERAL.—An accreditation body (or, serious risk to the public health, such auditor States officials to conduct such audits and in- in the case of direct accreditation under sub- shall immediately notify the Secretary of— vestigations as may be necessary to ensure con- section (b)(1)(A)(ii), the Secretary) may not ac- ‘‘(i) the identification of the eligible entity tinued compliance with the requirements set credit a third-party auditor unless such third- subject to the audit; and forth in this section. party auditor agrees to issue a written and, as ‘‘(ii) such condition. ‘‘(B) ADDITIONAL BASIS FOR WITHDRAWAL OF appropriate, electronic food certification, de- ‘‘(B) TYPES OF AUDITS.—An accredited third- ACCREDITATION.—The Secretary may withdraw scribed in section 801(q), or facility certification party auditor or audit agent of such auditor accreditation from an accredited third-party under section 806(a), as appropriate, to accom- may perform consultative and regulatory audits auditor in the case that such third-party audi- pany each food shipment for import into the of eligible entities. tor is accredited by an accreditation body for United States from an eligible entity, subject to ‘‘(C) LIMITATIONS.— which recognition as an accreditation body requirements set forth by the Secretary. Such ‘‘(i) IN GENERAL.—An accredited third party under subsection (b)(1)(C) is revoked, if the Sec- written or electronic certification may be in- auditor may not perform a regulatory audit of retary determines that there is good cause for cluded with other documentation regarding an eligible entity if such agent has performed a the withdrawal. such food shipment. The Secretary shall con- consultative audit or a regulatory audit of such ‘‘(C) EXCEPTION.—The Secretary may waive sider certifications under section 801(q) and par- eligible entity during the previous 13-month pe- the application of subparagraph (A)(i) if the ticipation in the voluntary qualified importer riod. Secretary— program described in section 806 when targeting ‘‘(ii) WAIVER.—The Secretary may waive the ‘‘(i) conducts an investigation of the material inspection resources under section 421. application of clause (i) if the Secretary deter- facts related to the outbreak of human or ani- ‘‘(B) PURPOSE OF CERTIFICATION.—The Sec- mines that there is insufficient access to accred- mal illness; and retary shall use certification provided by accredited third-party auditors in a country or region. ‘‘(ii) reviews the steps or actions taken by the ited third-party auditors to— ‘‘(5) CONFLICTS OF INTEREST.— third party auditor to justify the certification ‘‘(A) THIRD-PARTY AUDITORS.—An accredited ‘‘(i) determine, in conjunction with any other and determines that the accredited third-party third-party auditor shall— assurances the Secretary may require under sec- auditor satisfied the requirements under section ‘‘(i) not be owned, managed, or controlled by tion 801(q), whether a food satisfies the require- 801(q) of certifying the food, or the requirements any person that owns or operates an eligible en- ments of such section; and under paragraph (2)(B) of certifying the entity. tity to be certified by such auditor; ‘‘(7) REACCREDITATION.—The Secretary shall ‘‘(ii) determine whether a facility is eligible to ‘‘(ii) in carrying out audits of eligible entities establish procedures to reinstate the accredita- be a facility from which food may be offered for under this section, have procedures to ensure tion of a third-party auditor for which accredi- import under the voluntary qualified importer against the use of any officer or employee of tation has been withdrawn under paragraph program under section 806. such auditor that has a financial conflict of in- (6)— ‘‘(C) REQUIREMENTS FOR ISSUING CERTIFI- terest regarding an eligible entity to be certified ‘‘(A) if the Secretary determines, based on evi- CATION.— by such auditor; and dence presented, that the third-party auditor ‘‘(i) IN GENERAL.—An accredited third-party ‘‘(iii) annually make available to the Sec- satisfies the requirements of this section and auditor shall issue a food certification under retary disclosures of the extent to which such adequate grounds for revocation no longer exist; section 801(q) or a facility certification described auditor and the officers and employees of such and under subparagraph (B) only after conducting a auditor have maintained compliance with ‘‘(B) in the case of a third-party auditor ac- regulatory audit and such other activities that clauses (i) and (ii) relating to financial conflicts credited by an accreditation body for which rec- may be necessary to establish compliance with of interest. ognition as an accreditation body under sub- the requirements of such sections. ‘‘(B) AUDIT AGENTS.—An audit agent shall— section (b)(1)(C) is revoked— ‘‘(ii) PROVISION OF CERTIFICATION.—Only an ‘‘(i) not own or operate an eligible entity to be ‘‘(i) if the third-party auditor becomes accred- accredited third-party auditor or the Secretary audited by such agent; ited not later than 1 year after revocation of ac- may provide a facility certification under sec- ‘‘(ii) in carrying out audits of eligible entities creditation under paragraph (6)(A), through dition 806(a). Only those parties described in under this section, have procedures to ensure rect accreditation under subsection (b)(1)(A)(ii) 801(q)(3) or the Secretary may provide a food that such agent does not have a financial con- or by an accreditation body in good standing; or certification under 301(g). flict of interest regarding an eligible entity to be ‘‘(ii) under such conditions as the Secretary ‘‘(3) AUDIT REPORT SUBMISSION REQUIRE- audited by such agent; and may require for a third-party auditor under MENTS.— ‘‘(iii) annually make available to the Sec- paragraph (6)(B). ‘‘(A) REQUIREMENTS IN GENERAL.—As a condi- retary disclosures of the extent to which such ‘‘(8) NEUTRALIZING COSTS.—The Secretary tion of accreditation, not later than 45 days agent has maintained compliance with clauses shall establish by regulation a reimbursement after conducting an audit, an accredited third- (i) and (ii) relating to financial conflicts of in- (user fee) program, similar to the method de- party auditor or audit agent of such auditor terest. scribed in section 203(h) of the Agriculture Mar- shall prepare, and, in the case of a regulatory ‘‘(C) REGULATIONS.—The Secretary shall pro- keting Act of 1946, by which the Secretary as- audit, submit, the audit report for each audit mulgate regulations not later than 18 months sesses fees and requires accredited third-party conducted, in a form and manner designated by after the date of enactment of the FDA Food auditors and audit agents to reimburse the Food the Secretary, which shall include— Safety Modernization Act to implement this sec- and Drug Administration for the work per- ‘‘(i) the identity of the persons at the audited tion and to ensure that there are protections formed to establish and administer the accredi- eligible entity responsible for compliance with against conflicts of interest between an accred- tation system under this section. The Secretary food safety requirements; ited third-party auditor and the eligible entity shall make operating this program revenue-neu- ‘‘(ii) the dates of the audit; to be certified by such auditor or audited by tral and shall not generate surplus revenue from ‘‘(iii) the scope of the audit; and such audit agent. Such regulations shall in- such a reimbursement mechanism. Fees author- ‘‘(iv) any other information required by the clude— ized under this paragraph shall be collected and Secretary that relates to or may influence an as- ‘‘(i) requiring that audits performed under available for obligation only to the extent and sessment of compliance with this Act. this section be unannounced; in the amount provided in advance in appro- ‘‘(B) RECORDS.—Following any accreditation ‘‘(ii) a structure to decrease the potential for priation Acts. Such fees are authorized to re- of a third-party auditor, the Secretary may, at conflicts of interest, including timing and public main available until expended. any time, require the accredited third-party disclosure, for fees paid by eligible entities to ac- ‘‘(d) RECERTIFICATION OF ELIGIBLE ENTI- auditor to submit to the Secretary an onsite credited third-party auditors; and TIES.—An eligible entity shall apply for annual audit report and such other reports or docu- ‘‘(iii) appropriate limits on financial affili- recertification by an accredited third-party ments required as part of the audit process, for ations between an accredited third-party audi- auditor if such entity— any eligible entity certified by the third-party tor or audit agents of such auditor and any per- ‘‘(1) intends to participate in voluntary quali- auditor or audit agent of such auditor. Such re- son that owns or operates an eligible entity to be fied importer program under section 806; or port may include documentation that the eligi- certified by such auditor, as described in sub- ‘‘(2) is required to provide to the Secretary a ble entity is in compliance with any applicable paragraphs (A) and (B). certification under section 801(q) for any food registration requirements. ‘‘(6) WITHDRAWAL OF ACCREDITATION.— from such entity. ‘‘(C) LIMITATION.—The requirement under ‘‘(A) IN GENERAL.—The Secretary shall with- ‘‘(e) FALSE STATEMENTS.—Any statement or subparagraph (B) shall not include any report draw accreditation from an accredited third- representation made— or other documents resulting from a consultative party auditor— ‘‘(1) by an employee or agent of an eligible en- audit by the accredited third-party auditor, ex- ‘‘(i) if food certified under section 801(q) or tity to an accredited third-party auditor or cept that the Secretary may access the results of from a facility certified under paragraph (2)(B) audit agent; or a consultative audit in accordance with section by such third-party auditor is linked to an out- ‘‘(2) by an accredited third-party auditor to 414. break of foodborne illness that has a reasonable the Secretary,

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shall be subject to section 1001 of title 18, United (c) PUBLIC NOTIFICATION.—If the Secretary— ‘‘(b) PROCESS.— States Code. (1) identifies a smuggled food; ‘‘(1) IN GENERAL.—A person who believes that ‘‘(f) MONITORING.—To ensure compliance with (2) reasonably believes exposure to the food he or she has been discharged or otherwise dis- the requirements of this section, the Secretary would cause serious adverse health con- criminated against by any person in violation of shall— sequences or death to humans or animals; and subsection (a) may, not later than 180 days after ‘‘(1) periodically, or at least once every 4 (3) reasonably believes that the food has en- the date on which such violation occurs, file (or years, reevaluate the accreditation bodies de- tered domestic commerce and is likely to be con- have any person file on his or her behalf) a com- scribed in subsection (b)(1); sumed, plaint with the Secretary of Labor (referred to ‘‘(2) periodically, or at least once every 4 the Secretary shall promptly issue a press rein this section as the ‘Secretary’) alleging such years, evaluate the performance of each accred- lease describing that food and shall use other discharge or discrimination and identifying the ited third-party auditor, through the review of emergency communication or recall networks, as person responsible for such act. Upon receipt of regulatory audit reports by such auditors, the appropriate, to warn consumers and vendors such a complaint, the Secretary shall notify, in compliance history as available of eligible enti- about the potential threat. writing, the person named in the complaint of ties certified by such auditors, and any other (d) EFFECT OF SECTION.—Nothing in this sec- the filing of the complaint, of the allegations measures deemed necessary by the Secretary; tion shall affect the authority of the Secretary contained in the complaint, of the substance of ‘‘(3) at any time, conduct an onsite audit of to issue public notifications under other cir- evidence supporting the complaint, and of the any eligible entity certified by an accredited cumstances. opportunities that will be afforded to such per- third-party auditor, with or without the auditor (e) DEFINITION.—In this subsection, the term son under paragraph (2). present; and ‘‘smuggled food’’ means any food that a person ‘‘(2) INVESTIGATION.— ‘‘(4) take any other measures deemed nec- introduces into the United States through ‘‘(A) IN GENERAL.—Not later than 60 days essary by the Secretary. fraudulent means or with the intent to defraud after the date of receipt of a complaint filed ‘‘(g) PUBLICLY AVAILABLE REGISTRY.—The or mislead. under paragraph (1) and after affording the Secretary shall establish a publicly available TITLE IV—MISCELLANEOUS PROVISIONS complainant and the person named in the com- registry of accreditation bodies and of accred- SEC. 401. FUNDING FOR FOOD SAFETY. plaint an opportunity to submit to the Secretary ited third-party auditors, including the name of, (a) IN GENERAL.—There are authorized to be a written response to the complaint and an op- contact information for, and other information appropriated to carry out the activities of the portunity to meet with a representative of the deemed necessary by the Secretary about such Center for Food Safety and Applied Nutrition, Secretary to present statements from witnesses, bodies and auditors. the Center for Veterinary Medicine, and related the Secretary shall initiate an investigation and ‘‘(h) LIMITATIONS.— field activities in the Office of Regulatory Af- determine whether there is reasonable cause to ‘‘(1) NO EFFECT ON SECTION 704 INSPECTIONS.— fairs of the Food and Drug Administration such believe that the complaint has merit and notify, The audits performed under this section shall sums as may be necessary for fiscal years 2011 in writing, the complainant and the person al- not be considered inspections under section 704. leged to have committed a violation of sub- ‘‘(2) NO EFFECT ON INSPECTION AUTHORITY.— through 2015. (b) INCREASED NUMBER OF FIELD STAFF.— section (a) of the Secretary’s findings. Nothing in this section affects the authority of (1) IN GENERAL.—To carry out the activities of ‘‘(B) REASONABLE CAUSE FOUND; PRELIMINARY the Secretary to inspect any eligible entity pur- the Center for Food Safety and Applied Nutri- ORDER.—If the Secretary concludes that there is suant to this Act.’’. tion, the Center for Veterinary Medicine, and reasonable cause to believe that a violation of SEC. 308. FOREIGN OFFICES OF THE FOOD AND related field activities of the Office of Regu- subsection (a) has occurred, the Secretary shall DRUG ADMINISTRATION. latory Affairs of the Food and Drug Administra- accompany the Secretary’s findings with a pre- (a) IN GENERAL.—The Secretary shall estab- tion, the Secretary of Health and Human Serv- liminary order providing the relief prescribed by lish offices of the Food and Drug Administra- ices shall increase the field staff of such Centers paragraph (3)(B). Not later than 30 days after tion in foreign countries selected by the Sec- and Office with a goal of not fewer than— the date of notification of findings under this retary, to provide assistance to the appropriate (A) 4,000 staff members in fiscal year 2011; paragraph, the person alleged to have com- governmental entities of such countries with re- (B) 4,200 staff members in fiscal year 2012; mitted the violation or the complainant may file spect to measures to provide for the safety of ar- (C) 4,600 staff members in fiscal year 2013; and objections to the findings or preliminary order, ticles of food and other products regulated by (D) 5,000 staff members in fiscal year 2014. or both, and request a hearing on the record. the Food and Drug Administration exported by (2) FIELD STAFF FOR FOOD DEFENSE.—The goal The filing of such objections shall not operate to such country to the United States, including by under paragraph (1) shall include an increase of stay any reinstatement remedy contained in the directly conducting risk-based inspections of 150 employees by fiscal year 2011 to— preliminary order. Any such hearing shall be such articles and supporting such inspections by (A) provide additional detection of and re- conducted expeditiously. If a hearing is not re- such governmental entity. sponse to food defense threats; and quested in such 30-day period, the preliminary (b) CONSULTATION.—In establishing the for- (B) detect, track, and remove smuggled food order shall be deemed a final order that is not eign offices described in subsection (a), the Sec- (as defined in section 309) from commerce. subject to judicial review. retary shall consult with the Secretary of State, SEC. 402. EMPLOYEE PROTECTIONS. ‘‘(C) DISMISSAL OF COMPLAINT.— the Secretary of Homeland Security, and the Chapter X of the Federal Food, Drug, and ‘‘(i) STANDARD FOR COMPLAINANT.—The Sec- United States Trade Representative. Cosmetic Act (21 U.S.C. 391 et seq.), as amended retary shall dismiss a complaint filed under this (c) REPORT.—Not later than October 1, 2011, by section 209, is further amended by adding at subsection and shall not conduct an investiga- the Secretary shall submit to Congress a report the end the following: tion otherwise required under subparagraph (A) on the basis for the selection by the Secretary of ‘‘SEC. 1012. EMPLOYEE PROTECTIONS. unless the complainant makes a prima facie the foreign countries in which the Secretary es- ‘‘(a) IN GENERAL.—No entity engaged in the showing that any behavior described in para- tablished offices, the progress which such offices manufacture, processing, packing, transporting, graphs (1) through (4) of subsection (a) was a have made with respect to assisting the govern- distribution, reception, holding, or importation contributing factor in the unfavorable personnel ments of such countries in providing for the of food may discharge an employee or otherwise action alleged in the complaint. safety of articles of food and other products reg- discriminate against an employee with respect to ‘‘(ii) STANDARD FOR EMPLOYER.—Notwith- ulated by the Food and Drug Administration ex- compensation, terms, conditions, or privileges of standing a finding by the Secretary that the ported to the United States, and the plans of the employment because the employee, whether at complainant has made the showing required Secretary for establishing additional foreign of- the employee’s initiative or in the ordinary under clause (i), no investigation otherwise re- fices of the Food and Drug Administration, as course of the employee’s duties (or any person quired under subparagraph (A) shall be con- appropriate. acting pursuant to a request of the employee)— ducted if the employer demonstrates, by clear SEC. 309. SMUGGLED FOOD. ‘‘(1) provided, caused to be provided, or is and convincing evidence, that the employer (a) IN GENERAL.—Not later than 180 days about to provide or cause to be provided to the would have taken the same unfavorable per- after the enactment of this Act, the Secretary employer, the Federal Government, or the attor- sonnel action in the absence of that behavior. shall, in coordination with the Secretary of ney general of a State information relating to ‘‘(iii) VIOLATION STANDARD.—The Secretary Homeland Security, develop and implement a any violation of, or any act or omission the em- may determine that a violation of subsection (a) strategy to better identify smuggled food and ployee reasonably believes to be a violation of has occurred only if the complainant dem- prevent entry of such food into the United any provision of this Act or any order, rule, reg- onstrates that any behavior described in para- States. ulation, standard, or ban under this Act, or any graphs (1) through (4) of subsection (a) was a (b) NOTIFICATION TO HOMELAND SECURITY.— order, rule, regulation, standard, or ban under contributing factor in the unfavorable personnel Not later than 10 days after the Secretary iden- this Act; action alleged in the complaint. tifies a smuggled food that the Secretary believes ‘‘(2) testified or is about to testify in a pro- ‘‘(iv) RELIEF STANDARD.—Relief may not be would cause serious adverse health con- ceeding concerning such violation; ordered under subparagraph (A) if the employer sequences or death to humans or animals, the ‘‘(3) assisted or participated or is about to as- demonstrates by clear and convincing evidence Secretary shall provide to the Secretary of sist or participate in such a proceeding; or that the employer would have taken the same Homeland Security a notification under section ‘‘(4) objected to, or refused to participate in, unfavorable personnel action in the absence of 417(n) of the Federal Food, Drug, and Cosmetic any activity, policy, practice, or assigned task that behavior. Act (21 U.S.C. 350f(k)) describing the smuggled that the employee (or other such person) reason- ‘‘(3) FINAL ORDER.— food and, if available, the names of the individ- ably believed to be in violation of any provision ‘‘(A) IN GENERAL.—Not later than 120 days uals or entities that attempted to import such of this Act, or any order, rule, regulation, after the date of conclusion of any hearing food into the United States. standard, or ban under this Act. under paragraph (2), the Secretary shall issue a

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In actions brought under 601 et seq.), reenacted with the amendments person alleged to have committed the violation. this paragraph, the district courts shall have ju- made by the Agricultural Marketing Agreement ‘‘(B) CONTENT OF ORDER.—If, in response to a risdiction to grant all appropriate relief includ- Act of 1937; or complaint filed under paragraph (1), the Sec- ing, but not limited to, injunctive relief and (5) alter, impede, or affect the authority of the retary determines that a violation of subsection compensatory damages. Secretary of Homeland Security under the (a) has occurred, the Secretary shall order the ‘‘(7) CIVIL ACTION TO REQUIRE COMPLIANCE.— Homeland Security Act of 2002 (6 U.S.C. 101 et person who committed such violation— ‘‘(A) IN GENERAL.—A person on whose behalf seq.) or any other statute, including any au- ‘‘(i) to take affirmative action to abate the an order was issued under paragraph (3) may thority related to securing the borders of the violation; commence a civil action against the person to United States, managing ports of entry, or agri- ‘‘(ii) to reinstate the complainant to his or her whom such order was issued to require compli- cultural import and entry inspection activities. former position together with compensation (in- ance with such order. The appropriate United SEC. 404. COMPLIANCE WITH INTERNATIONAL cluding back pay) and restore the terms, condi- States district court shall have jurisdiction, AGREEMENTS. tions, and privileges associated with his or her without regard to the amount in controversy or Nothing in this Act (or an amendment made employment; and the citizenship of the parties, to enforce such by this Act) shall be construed in a manner in- ‘‘(iii) to provide compensatory damages to the order. consistent with the agreement establishing the complainant. ‘‘(B) AWARD.—The court, in issuing any final World Trade Organization or any other treaty ‘‘(C) PENALTY.—If such an order is issued order under this paragraph, may award costs of under this paragraph, the Secretary, at the re- or international agreement to which the United litigation (including reasonable attorneys’ and quest of the complainant, shall assess against States is a party. expert witness fees) to any party whenever the the person against whom the order is issued a SEC. 405. DETERMINATION OF BUDGETARY EF- court determines such award is appropriate. sum equal to the aggregate amount of all costs FECTS. ‘‘(c) EFFECT OF SECTION.— and expenses (including attorneys’ and expert The budgetary effects of this Act, for the pur- ‘‘(1) OTHER LAWS.—Nothing in this section witness fees) reasonably incurred, as determined pose of complying with the Statutory Pay-As- preempts or diminishes any other safeguards You-Go-Act of 2010, shall be determined by ref- by the Secretary, by the complainant for, or in against discrimination, demotion, discharge, connection with, the bringing of the complaint erence to the latest statement titled ‘‘Budgetary suspension, threats, harassment, reprimand, re- Effects of PAYGO Legislation’’ for this Act, sub- upon which the order was issued. taliation, or any other manner of discrimination ‘‘(D) BAD FAITH CLAIM.—If the Secretary finds mitted for printing in the Congressional Record provided by Federal or State law. that a complaint under paragraph (1) is frivo- by the Chairman of the Senate Budget Com- ‘‘(2) RIGHTS OF EMPLOYEES.—Nothing in this lous or has been brought in bad faith, the Sec- mittee, provided that such statement has been section shall be construed to diminish the rights, retary may award to the prevailing employer a submitted prior to the vote on passage. privileges, or remedies of any employee under reasonable attorneys’ fee, not exceeding $1,000, Amend the title so as to read: ‘‘An Act to any Federal or State law or under any collective to be paid by the complainant. amend the Federal Food, Drug, and Cosmetic bargaining agreement. The rights and remedies ‘‘(4) ACTION IN COURT.— Act with respect to the safety of the food in this section may not be waived by any agree- ‘‘(A) IN GENERAL.—If the Secretary has not supply.’’. issued a final decision within 210 days after the ment, policy, form, or condition of employment. filing of the complaint, or within 90 days after ‘‘(d) ENFORCEMENT.—Any nondiscretionary MOTION TO CONCUR receiving a written determination, the complain- duty imposed by this section shall be enforceable The SPEAKER pro tempore. The ant may bring an action at law or equity for de in a mandamus proceeding brought under sec- Clerk will report the motion. novo review in the appropriate district court of tion 1361 of title 28, United States Code. The Clerk read as follows: ‘‘(e) LIMITATION.—Subsection (a) shall not the United States with jurisdiction, which shall apply with respect to an employee of an entity Mr. DINGELL moves that the House concur have jurisdiction over such an action without engaged in the manufacture, processing, pack- in the Senate amendments to H.R. 2751. regard to the amount in controversy, and which ing, transporting, distribution, reception, hold- action shall, at the request of either party to The SPEAKER pro tempore. Pursu- ing, or importation of food who, acting without such action, be tried by the court with a jury. ant to House Resolution 1781, the mo- direction from such entity (or such entity’s The proceedings shall be governed by the same tion shall be debatable for 1 hour agent), deliberately causes a violation of any re- legal burdens of proof specified in paragraph equally divided and controlled by the quirement relating to any violation or alleged (2)(C). chair and the ranking minority mem- ‘‘(B) RELIEF.—The court shall have jurisdic- violation of any order, rule, regulation, standard, or ban under this Act.’’. ber of the Committee on Energy and tion to grant all relief necessary to make the em- Commerce. ployee whole, including injunctive relief and SEC. 403. JURISDICTION; AUTHORITIES. compensatory damages, including— Nothing in this Act, or an amendment made The gentleman from Michigan (Mr. ‘‘(i) reinstatement with the same seniority sta- by this Act, shall be construed to— DINGELL) and the gentleman from tus that the employee would have had, but for (1) alter the jurisdiction between the Secretary Pennsylvania (Mr. PITTS) each will the discharge or discrimination; of Agriculture and the Secretary of Health and control 30 minutes. ‘‘(ii) the amount of back pay, with interest; Human Services, under applicable statutes, reg- The Chair recognizes the gentleman and ulations, or agreements regarding voluntary in- from Michigan. ‘‘(iii) compensation for any special damages spection of non-amenable species under the Ag- sustained as a result of the discharge or dis- ricultural Marketing Act of 1946 (7 U.S.C. 1621 GENERAL LEAVE crimination, including litigation costs, expert et seq.); Mr. DINGELL. Mr. Speaker, I ask witness fees, and reasonable attorney’s fees. (2) alter the jurisdiction between the Alcohol unanimous consent that all Members ‘‘(5) REVIEW.— and Tobacco Tax and Trade Bureau and the may have 5 legislative days in which to ‘‘(A) IN GENERAL.—Unless the complainant Secretary of Health and Human Services, under revise and extend their remarks and to brings an action under paragraph (4), any per- applicable statutes and regulations; insert extraneous matter into the son adversely affected or aggrieved by a final (3) limit the authority of the Secretary of order issued under paragraph (3) may obtain re- Health and Human Services under— RECORD. view of the order in the United States Court of (A) the Federal Food, Drug, and Cosmetic Act The SPEAKER pro tempore. Is there Appeals for the circuit in which the violation, (21 U.S.C. 301 et seq.) as in effect on the day be- objection to the request of the gen- with respect to which the order was issued, al- fore the date of enactment of this Act; or tleman from Michigan? legedly occurred or the circuit in which the com- (B) the Public Health Service Act (42 U.S.C. There was no objection. plainant resided on the date of such violation. 301 et seq.) as in effect on the day before the Mr. DINGELL. Mr. Speaker, I now The petition for review must be filed not later date of enactment of this Act; yield 4 minutes to the gentleman from than 60 days after the date of the issuance of (4) alter or limit the authority of the Secretary the final order of the Secretary. Review shall of Agriculture under the laws administered by California (Mr. WAXMAN), the distin- conform to chapter 7 of title 5, United States such Secretary, including— guished chairman of the Committee on Code. The commencement of proceedings under (A) the Federal Meat Inspection Act (21 Energy and Commerce. this subparagraph shall not, unless ordered by U.S.C. 601 et seq.); Mr. WAXMAN. Mr. Speaker, I appre- the court, operate as a stay of the order. (B) the Poultry Products Inspection Act (21 ciate the gentleman from Michigan ‘‘(B) NO JUDICIAL REVIEW.—An order of the U.S.C. 451 et seq.); (Mr. DINGELL) yielding to me. And I Secretary with respect to which review could (C) the Egg Products Inspection Act (21 U.S.C. want to commend you, Representative have been obtained under subparagraph (A) 1031 et seq.); DELAURO, Congressmen PALLONE and shall not be subject to judicial review in any (D) the United States Grain Standards Act (7 criminal or other civil proceeding. U.S.C. 71 et seq.); STUPAK, Mr. BARTON and Mr. SHIMKUS, ‘‘(6) FAILURE TO COMPLY WITH ORDER.— (E) the Packers and Stockyards Act, 1921 (7 and former Representative Deal for the Whenever any person has failed to comply with U.S.C. 181 et seq.); work on this legislation.

VerDate Mar 15 2010 07:12 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00098 Fmt 4634 Sfmt 0634 E:\CR\FM\A21DE7.060 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 21, 2010 CONGRESSIONAL RECORD — HOUSE H8885 For a third time, today the House have heard about how much our Na- problems we could have addressed considers legislation that will dramati- tion’s children and our Nation’s farm- through a conference, but, instead, we cally improve the safety of our Na- ers and small businesses can be hurt wasted 3 weeks and are being told, take tion’s food supply. The House first when one irresponsible actor sells adul- it or leave it. passed its bill in July 2009 on a strong terated, contaminated food. I urge my colleagues to vote ‘‘no’’ on bipartisan vote with 283 supporters. On Thanks to helpful testimony from this legislation so we can do it the November 30 of this year, the Senate hearing witnesses and hard work by right way in the next Congress. passed the FDA Food Safety Mod- our committee members, we were able I reserve the balance of my time. ernization Act on a strong bipartisan to come up with some good ideas to Mr. DINGELL. Mr. Speaker, I yield 4 basis, by a vote of 73–25. That bill con- help solve those food safety problems. minutes to the distinguished gen- tained some constitutional defects that Those ideas were found in the Food tleman from New Jersey (Mr. needed to be fixed. So on Sunday night, Safety Enhancement Act, which passed PALLONE). the Senate again passed a corrected the House in July of 2009 and rep- Mr. PALLONE. Chairman Dingell, I version of the bill by voice vote. resented the bipartisan work of Chair- want to thank you for all the hard Congress has demonstrated that food man WAXMAN, Chairman Emeritus DIN- work you have put in on this bill, and safety is a bipartisan issue. Food-borne GELL, Chairman PALLONE, Chairman also Chairman WAXMAN. We worked on illness outbreaks can strike each and STUPAK, Governor-Elect Deal, and a bipartisan basis. every one of us. In recent years, foods Ranking Member SHIMKUS. I rise today in strong support of the we never would have imagined to be The Food Safety Enhancement Act Food Safety Modernization Act. After 2 unsafe, everything from spinach to pea- passed more than 16 months ago. The years of hard work, we’re finally on the nut butter, have sickened an untold Senate finally passed its food safety cusp of enacting landmark comprehen- number of Americans. It is time, once bill, the Food Safety Modernization sive food safety legislation. and for all, to enact this legislation. Act, Senate 510, during the lame duck The modernization of our food safety There is no time for any further delay. session. The provisions of Senate 510 system is desperately needed. The cur- FDA needs a modern set of authori- are contained in the bill that we are rent food regulatory regime was estab- ties to deal with the effects of our in- considering today with no substantive lished in 1938 and hasn’t been over- creasingly globalized food supply. This changes from what passed the Senate 3 hauled in 70 years. Since this time, the legislation will give FDA the tools and weeks ago. U.S. food supply has evolved into a resources it needs to better police the I intend to vote against this bill be- global network made up of foreign safety of the foods we eat every day. cause it represents such a gross depar- products, processors, and growers over The bill makes significant improve- ture from reasonable legislating. When whom the U.S. has little or no control. ments throughout the food chain, from the Senate passed its food safety bill 3 Think about what a different world it the farm to the dinner table. The bill weeks ago, we asked our majority to was in 1938. That alone should be rea- will require farmers to comply with take the bill to conference. Instead, we son enough to update our food safety science-based standards for safe pro- were forced to vote on the Senate bill laws today. duction and harvesting. Companies with no substantive changes as part of Every time we have a food safety cri- that process or package foods will be the continuing resolution 2 weeks ago. sis, be it eggs or spinach or peppers or required to implement preventive sys- During the 111th Congress, we have peanuts, we shake our heads at the vul- tems to stop outbreaks before they learned a great deal about how not to nerability of our food supply and be- occur. Importers will have to dem- do things, and this bill presents us with moan the fact that we don’t have the onstrate that the food they bring into another example. Instead of just taking tools to protect it. And these aren’t the country is safe. And the bill up the Senate bill, we should have held isolated instances. Each year, 48 mil- strengthens FDA enforcement authori- a conference. We’ve been told we lion Americans are sickened from con- ties, giving FDA the ability to order a couldn’t do that because there wasn’t suming contaminated food, and as food recall when companies refuse to enough time. Well, instead of naming many as 3,000 to 5,000 of these people voluntarily do so. post offices, we should have rolled up die. Many of us in the House would agree our sleeves and gotten to work on ne- The Food Safety Modernization Act that our bill was stronger. We also gotiating. And now, 3 weeks and many will give the FDA the ability, the au- would likely agree that it is regret- post offices later, the majority says we thority, and the resources to protect table that there was not time for a con- have to take it or leave it. American consumers from contami- ference to allow us to make some im- nated food domestically and abroad. 1530 provements in the Senate bill. But this b FDA will now better ensure food safety is an opportunity that will not come One provision that raises questions is through more frequent inspections of again for a long time. There is no ques- the so-called Tester amendment that food processing facilities, the develop- tion that this is a good bill and that it was added to the Senate food safety ment of a food trace-back system to will provide FDA with some critical bill. This provision will provide exemp- pinpoint the source of food-borne ill- new authorities. It will fundamentally tions from food safety requirements nesses, and enhanced powers to ensure shift our food safety oversight system based on a facility’s or a farm’s size. that imported foods are safe. Perhaps to one that is preventive in nature as While we do not want to overly burden most notably, the bill emphasizes pre- opposed to reactive. We simply must small facilities and small farms, we’ve vention and safety that helps ensure take this chance to make our food sup- learned in our committee hearings that that food is safe before it’s distributed, ply safer. I urge my colleagues to vote food-borne pathogens don’t care if before it reaches store shelves, before ‘‘yes’’ on H.R. 2751. you’re a big facility or a small facility, it reaches the kitchens of American Mr. PITTS. Mr. Speaker, I yield my- a big farm or a small farm. They affect families. self such time as I may consume. everyone. We have the most productive and At the Energy and Commerce Com- A food safety issue in one facility or most efficient food distribution system mittee, food safety has been a bipar- one farm can cause hundreds of ill- in the world, but we need to make sure tisan priority. We have held numerous nesses and hundreds of millions of dol- that we have the safest food supply. hearings during the last two Con- lars in economic losses for farmers and American families need to know the gresses, examining food safety prob- small businesses. By allowing facilities food they select from grocery stores lems involving peppers and peanut but- exemptions from food safety require- and the meals they put on their kitch- ter and what we can do to solve those ments, we’re setting our Nation up for en tables are safe. problems. During those hearings, we the potential of future outbreaks. Our Now, I’ll say the bill before us isn’t have heard about how much work our system is only as strong as its weakest perfect, but it is a good bill, and it’s Nation’s farmers, manufacturers, and link, and the Tester amendment will backed by a diverse coalition that in- distributors do to put low-cost, high- set up a system full of weak links. cludes food producers, grocery manu- quality food on the tables of more than This is just one example of the poten- facturers, and consumers. It has strong 300 million people every day. We also tial problems with this bill. These are bipartisan support. Last year, the

VerDate Mar 15 2010 07:12 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00099 Fmt 4634 Sfmt 0634 E:\CR\FM\K21DE7.097 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8886 CONGRESSIONAL RECORD — HOUSE December 21, 2010 House passed its version by a vote of that is so onerous to an industry that And then as chair of Oversight and 283–142. The Senate passed a bill nearly Senators believe segments of that in- Investigations, we have held over 13 identical to the one before us today by dustry should be excluded from it. It hearings on food-borne illnesses from a vote of 73–25. And this is an over- would be wise to reconsider the entire spinach, peanut butter, jalapenos, and whelming show of support for legisla- legislative approach. most recently tainted eggs. Why was tion which will significantly protect Now, there are other problems as all this necessary? As has been noted, the public health. well in the bill. New regulation author- our food laws have not been updated I’m proud we’re passing this bill one ity for food processing facilities will since 1938. And we know more and more more time. Today, of course, it will go create what amounts to a Federal li- of our foods are coming from different to the President for his signature. He cense to be in the food business. Reg- sources and different countries. But has said he would sign it. And I urge istration of food processing facilities this year and each year approximately my colleagues to support this land- was originally envisioned as a com- 77 million Americans become ill be- mark legislation. monsense way to help FDA identify fa- cause of food-borne illnesses, 325,000 are Mr. PITTS. Mr. Speaker, I yield 4 cilities under the Bioterrorism Act of hospitalized, and up to 5,000 Americans minutes to the ranking member on Ag- 2002. This bill turns it into a license to will die, some of our most vulnerable riculture, Representative LUCAS from operate, making it unlawful to sell Americans, such as children and senior Oklahoma. food without a registration license, and citizens, those whose immune systems (Mr. LUCAS asked and was given per- allowing FDA to suspend the com- have been weakened or are not fully de- mission to revise and extend his re- pany’s registration. This is the type of veloped. marks.) government intrusion into commerce But if you are a young child and you Mr. LUCAS. Mr. Speaker, I rise again that Americans rejected in early No- do survive, what kind of life do you in opposition to H.R. 2751, originally vember of this year. have after you have spent time in a dealing with the Cash for Clunkers and Another provision of particular con- hospital getting a new kidney? You now containing the Senate language S. cern would mandate the Food and Drug face a lifetime of medication and bank- 510, the Food Safety and Modernization Administration to set on-farm produc- ruptcy of your family. We must act Act. tion performance standards. For the now to pass this food safety bill. This As I’ve stated repeatedly, I believe first time, we’d have the Federal Gov- bill contains many good provisions, in- our Nation has the safest food supply ernment prescribing how our farmers cluding the trace-back provision, which in the world. I also believe that we grow crops. Farming, the growing of is designed to make it easier to prevent must continually examine our food crops and the raising of livestock, is and respond to outbreaks in food-borne production and regulatory system and the first organized activity pursued by illnesses. move forward with changes that will man. We’ve been doing it for a long This also has mandatory recall. Most improve food safety. time, and we’ve been doing it without Americans are shocked to know that This legislation is the product of a the FDA on the farm. the FDA does not have the right to re- flawed process. It will lead to huge reg- The vast majority of these provi- call food or unsafe drugs in this coun- ulatory burdens on our Nation’s farm- sions, along with the recordkeeping re- try. They do not have the right to have ers and ranchers. It will raise the cost quirements, traceability, mandatory that recall, especially on food. So this of food for our consumers, and it con- recall authority, will do absolutely will now make it mandatory. The FDA tains very little that will actually con- nothing to prevent food-borne disease can remove tainted food as soon as pos- tribute to the goal of food safety. It outbreaks from occurring but will do sible. Still, despite all these improve- gives the Food and Drug Administra- plenty, do plenty, to keep Federal bu- ments, more has to be done to protect tion lots of additional authorities with reaucrats busy. And these are all the Americans. The FDA needs subpoena power. It is no accountability. In fact, with the in- sorts of things that could be worked probably one of the few regulatory clusion of the so-called Tester amend- out through the normal legislative agencies that doesn’t have subpoena ment, some argue that it is a step process, but only if there’s a process. Mr. Speaker, let me return to where power. We lost that when it went to the backwards. I started. We have the safest food sup- Senate. But if you are going to trace Now, my concerns about the legisla- ply in the world. Anyone who follows back, if you are going to get the tion are not limited to the unforgivable current events knows that our food records, if you are going to find where process. There are serious public policy production system faces ongoing food the food comes from, let’s give the reg- concerns as well. The Tester amend- safety challenges, and I stand ready to ulatory agency the power they need. ment is an illustrative example. In- work with my colleagues, all of my col- Because corporate America unfortu- tended to shield small and local pro- leagues, to address those challenges. nately too often hides their records ducers from the burdens of the new Our Nation’s farmers, ranchers, pack- from us. food safety law, it is opposed by vir- ers, processors, retailers, and con- We need an adequate funding source. tually all of the major organizations sumers deserve better. For this legislation to be successful, we representing farmers and ranchers. Mr. DINGELL. Mr. Speaker, I yield 3 have to have an adequate funding Normally, these groups would be ex- minutes to the distinguished gen- source, as we had in the House but was pected to support a provision that tleman from Michigan (Mr. STUPAK), removed in the Senate. And country of sought to protect their farmers and who has been the chairman of our origin label. More and more of our ranchers. But they oppose the Tester Oversight and Investigation Sub- food, especially this time of the year in amendment and any legislation that committee, who’s done the wonderful the winter months, comes from other contains it because it adds to the lay- investigative work that has brought us countries. We need to know exactly ers of food safety regulation by cre- to where we are in exposing the dan- where those sources of food come from. ating yet another tier of regulatory gers to our food supply by imports and So I urge the next Congress to make standards that will only confuse our other things, with my commendations these improvements. consumers. and good wishes. And a word of caution. Without this Further, by exempting small domes- bill and greater improvements to this tic companies from Federal standards, b 1540 bill, we cannot fully protect Americans I fear, and this is a legitimate fear, Mr. STUPAK. I thank the gentleman from food-borne illnesses, either acci- that we will be required to exempt for yielding and for the kind words. As dentally or those intentionally put similarly sized companies in devel- I wrap up my 18 years in the U.S. House forth by America’s enemies. And make oping countries from our standards. of Representatives, this is a good bill no mistake about it, our enemies will This approach does not make food in which to wrap up a career. I first in- exploit our weak regulatory system safer. It eliminates important con- troduced food safety legislation along when they know they can harm so sumer protection and puts our citizens with Mr. DINGELL and Mr. PALLONE and many Americans through food-borne at increased risk. now-Senator BROWNBACK in 1997. For 14 illnesses. With respect to the Tester amend- years we have been fighting to try to So I hope my colleagues today will ment, I question the value of any law update our Nation’s food safety laws. join me in supporting this legislation.

VerDate Mar 15 2010 05:52 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00100 Fmt 4634 Sfmt 0634 E:\CR\FM\K21DE7.099 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 21, 2010 CONGRESSIONAL RECORD — HOUSE H8887 It’s a great piece of legislation. I would effects of an E. coli illness are very Mr. DINGELL. Mr. Speaker, I yield 2 like to thank my colleagues who have painful. Haylee experienced traumatic minutes again to my good friend, the worked so hard on this over the years damage to her kidneys and pancreas. chairman of the Committee on Energy with me, including Ms. DELAURO of She suffered severe bleeding in her and Commerce, Mr. WAXMAN, for pur- Connecticut, but especially the mem- brain. And that blood in her brain poses of correcting the record on cer- bers of the Energy and Commerce Com- caused her to be temporarily blind. The tain erroneous statements made. mittee who have worked with us, espe- doctors at Yale-New Haven Children’s Mr. WAXMAN. Mr. Speaker and my cially Chairman DINGELL, Chairman Hospital fought for 14 weeks to save colleagues, the Senate only passed this WAXMAN, Mr. PALLONE, Mr. UPTON, and her life. And to this day, Haylee still bill a couple of nights ago. And so we Mr. BARTON. suffers from health problems such as have now the opportunity to vote to Mr. PITTS. Mr. Speaker, I reserve diabetes, all because of food contami- take it or reject it. Some on the other the balance of my time. nated with E. coli. This should not hap- side of the aisle, Republicans, are say- Mr. DINGELL. Mr. Speaker, I yield 5 pen to anyone. And as we know in this ing we should reject the whole bill be- minutes to the distinguished gentle- body, it can be prevented. cause of the Tester amendment, which woman from Connecticut (Ms. With all of this in mind, our food exempts small farmer-producers and DELAURO), the chairman of the Agri- safety efforts should not, and will not, facilities. We didn’t have that in our culture Appropriations Subcommittee, end today. Because this piece of legis- bill, and I would have preferred that and very much interested in the matter lation is not about roads and bridges the Senate had not adopted that provi- before us. She has worked on it a long and parks and other things that we do sion. But I don’t think it is a reason to time. in this institution. This legislation is vote against this whole bill. Ms. DELAURO. Mr. Speaker, I rise about life and death. While the FDA is This bill is a good bill. It is supported today in support of this bill as a good charged with protecting a large major- by the Consumer Federation of Amer- and a necessary first step in reforming ity of our food supply, the Food Safety ica, the Consumers Union, the National our food safety system and better pro- and Inspection Service, FSIS at USDA, Consumers League, the Trust for tecting our families from food-borne is responsible for ensuring the safety of America’s Health, the American Public illness. And I want to congratulate meat and poultry products. After pass- Health Association. And it’s supported some of the longtime champions of ing this bill today, we must begin to by major industry groups, the Food food safety in this institution, such as lay the foundation for science-based re- Marketing Institute, the Grocery Man- Chairman HENRY WAXMAN, Chairman form at FSIS as well. That is why I ufacturers Association, and the U.S. JOHN DINGELL, Subcommittee Chair- worked on language that would create Chamber of Commerce. man FRANK Pallone, Mr. BART STUPAK. a science-based panel, supported by a Now, I would assume that some big And I say congratulations to them for wide range of stakeholders, to analyze operations don’t like the fact that successfully bringing this legislation the food safety system at FSIS and de- small ones are going to be exempt. through the House. I also want to ac- velop the concept of what a modernized They are only exempt from a couple of system would look like there. the provisions which Senator TESTER knowledge Senator HARKIN and Sen- This collaborative proposal is sup- and the Senate Members thought were ator DURBIN for their work in facili- ported by the pertinent industries, con- tating passage of this bill in the Sen- too burdensome. And some of these sumer groups, and unions. I should em- ate. small operations are limited in their phasize that this plan would not inter- Among the critical reforms in this income, and therefore it might be too fere with the good work currently bill are increased inspection of high- burdensome for them. being done by Under Secretary risk facilities, expanded authority to 1550 Elisabeth Hagen at FSIS. And I look b inspect recall records, the formation of forward to working with all of my col- Republicans have suggested we a more accurate food facility registry, leagues in the next Congress to move should have gone to conference. If we improved traceability in the event of this proposal forward. had gone to conference, only one Sen- an illness outbreak, and improved sur- Ultimately, I believe, as do leaders ator could object and no conferees veillance of food-borne illness. The bill across the aisle, that we must establish would be appointed by the Senate. So also requires certification of certain a single food safety agency. Currently, that burden we are being asked to have foreign food imports as meeting U.S. food safety responsibilities are frag- achieved is something we could not food safety requirements. mented across 15 Federal agencies and achieve in the short time available to All of these tools will help improve are governed by 71 interagency agree- us. the FDA’s ability to respond to food- ments. Food safety and public health Let us not let this opportunity go by. borne illness outbreaks and to hold in- experts, as well as the Government Ac- We must adopt this legislation. If there dustrial food production facilities to countability Office, have concluded are efforts to change it later on, fine. higher standards. For too long the cor- that this fragmentation has created But this is an important bill that has nerstone of our food safety system, the redundancies that have weakened our been worked on for years. It had strong FDA, has had only ancient tools and an food safety response. We need to con- bipartisan support in the House. It had outdated mandate at its disposal. This solidate all of these food safety func- overwhelming bipartisan support in the bill will go a long way towards stem- tions under one roof. This will provide Senate. And I want to clarify the ming the potential of a full-blown food- an updated regulatory structure and record to point out that almost all the borne epidemic in the future. Recently, strengthen oversight and surveillance groups, the consumer groups and the the CDC released an updated estimate activities to better protect our food industry groups, are urging an ‘‘aye’’ on food-borne illness figures, and it re- supply. vote. mains a major public interest health I will continue to fight for this single Mr. PITTS. I continue to reserve the threat. With nearly 50 million illnesses, agency. I believe it is needed to ensure balance of my time. 100,000 hospitalizations, and over 3,000 that the food in our fridges and on our Mr. DINGELL. Mr. Speaker, I have deaths each year, these estimates show kitchen tables is safe. Nonetheless, the only one further speaker on this side, that there is much work to be done in legislation we must pass today is a so I suggest to my good friend from identifying and combating the patho- strong first step toward a safer food Pennsylvania, if he desires to speak, he gens that cause food-borne illness. supply and reducing the number of pre- should speak forthwith. Just to tell you the importance of ventable food-borne illnesses and Mr. PITTS. I have no further re- this bill, let me share with you the deaths. I urge my colleagues to face quests for time, and I yield back the story of Haylee Berstein, a 17-year old this public health threat and to pass balance of my time. girl who lives in Wilton, Connecticut. food safety legislation. Every parent Mr. DINGELL. The gentleman is a When Haylee was 3 years old, she ate who goes in to buy food needs to know complete gentleman. I don’t want to unwashed lettuce that was contami- that they are taking it home and it’s deny him any opportunity to be heard. nated with E. coli. She soon became ex- safe for their children. I want to thank the gentleman. He is tremely ill with what doctors called Mr. PITTS. I continue to reserve the always courteous. I express my grati- hemolytic uretic syndrome. The health balance of my time. tude to him for the way he behaves.

VerDate Mar 15 2010 05:52 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00101 Fmt 4634 Sfmt 0634 E:\CR\FM\K21DE7.102 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8888 CONGRESSIONAL RECORD — HOUSE December 21, 2010 I yield myself 5 minutes, Mr. Speak- something like about one-quarter to tory recall authority, authority to deer. one-third of our food supplies, and tain tainted products, and protections Mr. Speaker, this is not the first those food supplies are coming from for employees who serve as whistle- time we have seen this bill. It came out places like China. And we have had blowers. of the Committee on Energy and Com- some scandals of the most appalling This legislation is long overdue. It merce unanimously. It was informally character with regard to both domestic will address a situation which is referred to the Committee on Agri- and imported food, but mostly with re- shameful. culture, where they had a chance to gard to imported food: bad seafood and Today, according to the latest statis- take a look at it. It passed the House shellfish from China, unsafe leafy vege- tics, 48 million Americans are sickened overwhelmingly on two occasions in a tables like spinach and celery from by bad food, some 128,000 are hospital- slightly different form. It then came China, bad berries and fruit from Chile ized, and 3,000 are killed yearly. We can back here and it was passed yet an- and other places like that, peppers dawdle around and let the House and other time with the changes virtually from Mexico that got mixed in with the Senate wait until next year to per- to make it identical to that form in salsa and caused the collapse of the haps pass a different bill. Whether it which it is. Those changes have been American tomato industry. will be better or not is open to ques- removed in some regards because they These are things that will be cor- tion. were mostly simply technical changes. rected by us having people available in The SPEAKER pro tempore. The So it has passed this body three times Food and Drug to properly investigate, time of the gentleman has again ex- before this. This is the fourth time we to properly correct and properly see to pired. have considered it. The Senate has it that these unsafe foods don’t get Mr. DINGELL. I yield myself 1 addi- passed it twice. On Sunday night, they into our food chain, with the con- tional minute. passed it under a unanimous consent sequences not only that they poison Whether it will be better is open to procedure. Americans, but, worse, that they de- question. But I will tell my colleagues, The bill has enormous support, and stroy American industry and cost us during that time there are going to be all of the consumer organizations sup- the faith of the American consuming Americans sickened, there are going to port it. Almost every business group in public for some of the best manufactur- be Americans killed, and there are the field of food manufacturing and ers and processors in the world. The going to be Americans hospitalized. processing supports it: The Grocery Chinese put melamine in milk. They American manufacturers and proc- Manufacturers Association, the Na- sent us all manner of dangerous and essors and growers are going to have tional Association of Manufacturers, unsafe food. the quality of their food products im- the Chamber of Commerce, the Con- Now we are giving the agency, Food pinged, not by their carelessness or bad sumer Federation of America, the and Drug, the authority it needs. This behavior but, rather, by the mis- American Public Health Association, does not invade the jurisdiction of the behavior of foreign producers, foreign the Bakers Association, the Beverage Agriculture Committee. It was very manufacturers, and others who are Association, the American Public carefully kept to see to it that it sending things in here like milk prod- Health Association, Pew Charitable stayed within the jurisdiction of the ucts with melamine. Melamine is a Trust, the U.S. PIRG, and also the Commerce Committee. constituent, believe it or not, of For- Food Marketing Institute as well as The SPEAKER pro tempore. The mica. the Center for Science in the Public In- time of the gentleman from Michigan b 1600 terest. There is literally little, if any, has expired. opposition to the consideration of this Mr. DINGELL. I yield myself 2 addi- It kills people. It kills babies. And legislation. tional minutes. China sells these products to their own The Senate took from last summer It creates a new focus on prevention, people. If they will kill their own peo- when the House passed the bill until and it shares responsibility between ple with that kind of trash, imagine just a few weeks ago to pass the bill FDA and the food manufacturers so the glee with which they will sell that over there. It only passed for the final that they can cooperatively work to kind of trash over here to threaten the time on Sunday night. I want to agree keep the food supply safe, working to- well-being and the safety and the trust with my good friend from Pennsyl- gether. of American consumers, businessmen, vania; the House’s skill as a legislative It also is going to require manufac- manufacturers, producers, and growers. body is far superior to that of the other turers to implement preventive sys- I beg you, the safety of your con- body, and if they would leave the legis- tems to stop outbreaks before they stituents, of our people, is at stake. lation alone, I think I could assure the occur, and it is going to allow our Food And I hope you will work with me to House that we would pass better legis- and Drug Administration, for the first pass this legislation so that we can lation than they do over there. time in history, to police and to pro- make our consumers not only trust the But having said these things, we are tect the entry into this country of system but also to know that it is about now to be forced at the last min- foods coming from abroad, where most going to work to protect them. utes of this session to choose between of the peril to our American consumers The SPEAKER pro tempore. The not passing a superb bill and passing no lie. time of the gentleman has again ex- bill at all because we want to achieve a It also is going to allow our inves- pired. greater level of perfection. tigators and Food and Drug people to Mr. DINGELL. I yield myself 1 addi- This is the first significant change in see to it, and this is a word of art, that tional minute. food and drug law with regard to foods the American law with regard to good I hope if there’s enthusiasm for doing since 1938. At that time, you could test manufacturing practices is carried for- further work on this, that my col- foods down to a few parts per thousand. ward in those other lands so that bad leagues will join me next year in doing Today, you can do it down to parts per food cannot originate elsewhere and the same thing with regard to pharma- billion and parts per trillion, and food then come in to the United States be- ceuticals. And I remind you that the is being affected by huge numbers of cause of shoddy manufacturing prac- committee has worked not in opposi- new, incredibly complex known and un- tices. tion to American industry, but rather known molecules that are inserted. It gives Food and Drug power to en- the committee has worked with Amer- The bill before us serves a basic and sure that foreign importers meet U.S. ican industry, which supports the legis- necessary and admirable purpose. It is standards, and it will assure that for- lation. going to have the purpose of seeing to eign growers and producers will be Would it be better if we were passing it that the American consumer can treated with the same care and atten- the House bill? Absolutely. Is it worse again have confidence in the safety of tion that American growers and pro- and weaker because we’re passing the their food supply. ducers are so our growers and pro- Senate bill? Of course. But having said Our manufacturers, our growers, and ducers can know that they are facing that, you’re making Americans safe in our processors do the best job in the an even and level playing field. It gives spite of the fact that the U.S. Senate world. The problem is we now import FDA new enforcement tools, manda- has to take a ride with this legislation

VerDate Mar 15 2010 05:52 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00102 Fmt 4634 Sfmt 0634 E:\CR\FM\K21DE7.105 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 21, 2010 CONGRESSIONAL RECORD — HOUSE H8889 to, quite frankly, the weakening of this will assure foreign growers and producers It is because of stories like this that I am legislation. must be treated with the same care that Amer- ever so moved to ensure that H.R. 2751, the I want to commend my colleagues ican growers and producers are; and FDA Food Safety Modernization Act is passed who have participated: Mr. WAXMAN, Grant FDA new enforcement tools, including in the House of Representatives and that it Mr. PALLONE, Mr. STUPAK, Ms. mandatory recall authority, authority to detain eventually becomes law. DEGETTE, and Ms. DELAURO. And I tainted products, and protection for employees Passage of the FDA Food Safety Mod- want to commend the staff: Katie who uncover food safety violations. ernization Act will prevent such salmonella Campbell, whose last day this is; Virgil Mr. Speaker, enactment of this legislation is scares from happening again in the future—in Miller; Rachael Sher; Eric Flamm; and long overdue and necessary—necessary for Texas or in any state in the country—for that Emily Gibbons, who have made this the millions of Americans who suffer from matter. possible. Our legislative counsel has la- foodborne illness each year, and the thou- This bill would also allow for improved bored vitally on it, and we owe real sands who die from it each year. traceability of the history of food in the event thanks to Warren Burke and Megan We will bring to a halt a shameful situation of a food borne illness outbreak. Often time, Renfrew. where 48 million Americans are sickened by when our country has been faced by serious I want to commend my Republican bad food, 128,000—yes 128,000 Americans— food poisoning that have affected thousands colleagues. I know that they’re not hospitalized and 3,000 people killed by bad of American people, we do not know where supporting this legislation, and I grieve food. the food was produced or cultivated. This bill about that. But the harsh fact of the I strongly support the legislation before us would bring an end to that. It is important for matter is they were very helpful in today and urge my colleagues to cast an aye us to be ever cautious that could affect the doing this in times past. And I want to vote. well being and health of our children, elderly pay particular tribute to Mr. SHIMKUS, S. 510 SUPPORTERS and family members. Mr. Deal, and Mr. BARTON, but I do OBAMA ADMINISTRATION—FDA In addition to what I have mentioned, this want it known that were it not for the American Bakers Association; American bill would also make available a certificate of labor of three great men in the other Beverage Association; American Public certain food imports—requiring all foods im- body, we would not be where we are. Health Association; Center for Foodborne Ill- ported into the United States to meet all U.S. ness, Research & Prevention; Center for the Senator HARKIN, Senator DURBIN, and food safety requirements. The certificate would Science In The Public Interest; Consumer ensure that we are only allowing the safest Senator REID have contributed vitally Federation ot America; Consumers Union; to the success which we’ve had in mak- Flavor and Extract Manufacturers Associa- and most healthy food into our country for ing the American consuming public tion; Food Marketing Institute; Grocery consumption by the American people. safe. And I hope that the people will Manufacturers Association; Institute of Another important component of this legisla- understand we have served them well. Shortening & Edible Oils Inc.; International tion would ensure protection of whistleblowers I urge my colleagues to vote for this Dairy Foods Association; International Bot- that bring attention to important safety infor- bill, secure in the knowledge that tled Water Association; National Association mation pertaining to the food regulation and you’re protecting Americans and of Manufacturers; National Coffee Associa- food safety. It is most vital that we afford you’re saving the lives and the health tion of U.S.A., Inc.; National Confectioners those people who may know information about Association; National Consumers League; and the well-being of the American National Restaurant Association; The Pew certain food the opportunity to inform authori- people by passing H.R. 2751. Charitable Trusts; Snack Food Association; ties about any concerns they may have with I rise today in strong support of the FDA STOP—Safe Tables Our Priority; Trust For their consumption. Food Safety Modernization Act and I urge my America’s Health; U.S. Chamber of Com- The bill contains important provisions that colleagues to vote in favor of this legislation merce; and U.S. PIRG: Federation of State address the industry concerns, which include with deliberate speed. PIRGs. the elimination of the registration fee imposed Mr. Speaker, consideration of this bill today Ms. JACKSON LEE of Texas. Mr. Speaker, on facilities participating in the food system. In is what I hope will be the final step of a long I rise today in strong support of the FDA Food addition, this legislation provides for a limited legislative journey. My colleagues in this body Safety Modernization Act. exemption for small food producers and proc- passed similar legislation last July. Some 17 H.R. 2751, the FDA Food Safety Moderniza- essors that sell the majority of their food di- months later, we are working on the same tion Act would help expand the FDA authority rectly to consumers or to grocers within a cir- issue. to inspect records relating to food while in- cumscribed area and whose food sales are The legislative fits and starts is in no way a creasing inspections on high-risk on food fa- less than $500,000 per year. reflection of the policy, however, the legislation cilities. Through passage of this bill, a more The legislation before the House of Rep- has been the hostage of political games and accurate registry of all food facilities serving resentatives is supported by a range of con- procedural missteps. The FDA Food Safety American consumers would exist. It is impor- sumer and industry groups, including the Modernization Act serves a necessary and ad- tant to provide safe and clean food for the American Public Health Association, the Cen- mirable purpose—it will go a long way in American people, who deserve nothing but the ter for Foodborne Illness Research and Pre- boosting American consumer confidence in best. vention, the Center for Public Interest, the the safety of the nation’s food supply. The The safety and sanitation of food produced Consumer Federation of America, the Grocery many recalls that have confronted American and distributed throughout the United States is Manufacturers Association, and the U.S. consumers over the years—peanuts, mel- of utmost importance. The health and well Chamber of Commerce. amine in milk, eggs, bad seafood and shell- being of every person in this country hinges It is time that we stand with this broad- fish, unsafe leafy vegetables like spinach, bad on the quality and effectiveness of the food in- based coalitions as we work to improve the berries and peppers—has called into question spection process. Without proper inspection, food we eat and consume and know where the ability of the government to adequately there is a possibility of contamination of foods exactly it’s coming from. These actions will protect American consumers. The FDA Food and the spread of disease. only help our country, families and our Amer- Safety Modernization Act addresses this con- In the spring of 2008, a case of salmonella ican people from having safety and consumer- cern head on and grants the Food and Drug spread throughout the country as a result of a friendly produce, meats and dairy. Administration—the Agency with oversight of single tainted pepper from a South Texas Mr. FARR. Mr. Speaker, I would first like to 80 percent of the nation’s food supply—the produce warehouse. This strain of salmonella thank Chairman WAXMAN and Chairman DIN- authorities and resources it needs to effec- sickened 1,251 people, led to the hospitaliza- GELL for drafting a very strong food safety bill tively do its job. tion of 229 people, and sadly, two deaths. and leading a comprehensive debate by the Among other things, the legislation will: Once the origin of the salmonella outbreak House. Their legislation included three vital Create a new focus on prevention, and a was determined, the FDA and other federal components that are all founded on a strong shared responsibility between FDA and food agencies took action and required the respon- scientific base. I also want to commend them manufacturers to keep the food supply safe. It sible parties to recall all produce that they for including the teeth we need to implement will require manufacturers to implement pre- thought may have been tainted. mandatory recalls, as well as a commodity- ventive systems to stop outbreaks before they In the United States in 2010, at a time when specific approach to produce safety. Also im- occur; we have the newest and greatest technologies portant, the bill incorporated the flexibility we Require FDA to inspect food facilities—for- at our disposal, outbreaks like the one men- need to cover our growers, handlers, and eign and domestic—more frequently; tioned should not take place. With improved processors. Grant FDA new authority to ensure that im- and modernized safety inspections, such out- Yet the Senate bill we will be voting on ported foods meet U.S. safety standards and breaks can be avoided and prevented. today, The FDA Food Safety Modernization

VerDate Mar 15 2010 07:12 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00103 Fmt 4634 Sfmt 9920 E:\CR\FM\K21DE7.107 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8890 CONGRESSIONAL RECORD — HOUSE December 21, 2010 Act, fails to meet that high bar set by the origi- ducers to avoid oversight, the outbreaks that opment, to improve the competitive- nal House bill. Because the version that is are likely to occur will result in the harm of all ness of the United States, and for other now before us has abandoned its original sci- growers, handlers, processors, and shippers. purposes. entific base, I must sadly oppose this legisla- I’m committed to ensuring that when food The Clerk read the title of the bill. tion. safety regulation does come to fruition, it is The SPEAKER pro tempore. The Let me be clear: I understand the need for developed and implemented with industry question is on the motion by the gen- food safety reform all too well. The safety of input. And that it provides pragmatic food tleman from Tennessee (Mr. GORDON). America’s supply of fresh fruits, vegetables safety guidelines that are both feasible and ef- The question was taken; and the and nuts will always be my highest priority. I fective for growers, processors, handlers, and Speaker pro tempore announced that know firsthand the impact an outbreak can consumers. the ayes appeared to have it. have on an industry, and for that reason, un- Mr. Speaker, this legislation does offer a Mr. BROUN of Georgia. Mr. Speaker, derstand the strong need for far reaching reg- step forward, but be certain that today we on that I demand the yeas and nays. ulations based on the best science available. could have taken a leap forward. The yeas and nays were ordered. The Center for Disease Control estimates, I look forward to working with my col- The SPEAKER pro tempore. Pursu- released December 15th, state that 48 million leagues, constituents and the agencies to de- ant to clause 8 of rule XX, this 15- people in America—that’s 1 in every 6—get veloping meaningful scientifically based food minute vote on the motion to concur in sick every year from contaminated food. Fur- safety standards. But unfortunately, I can not the Senate amendment to H.R. 5116 thermore, 128,000 are hospitalized and 3,000 support this bill as it is presented to us from will be followed by 5-minute votes on die being exposed to this contaminated food. the Senate. motions to concur with respect to H.R. These are staggering numbers considering the Mr. VAN HOLLEN. Mr. Speaker, I rise in 2142 and H.R. 2751 and the motion to United States still has the safest food supply support of this legislation that will provide the suspend on S. 3243. in the world. Food and Drug Administration, FDA, much- The vote was taken by electronic de- I also know each time any fruit or vegetable needed enhanced authorities to protect the vice, and there were—yeas 228, nays is implicated in an outbreak of food borne ill- American public from unsafe foods. 130, not voting 75, as follows: ness, the industry as a whole suffers from Serious gaps have been exposed in the devastating loses in consumer confidence. In FDA’s ability to protect the American public [Roll No. 659] the long run, this is simply not sustainable, from outbreaks of food-borne diseases. These YEAS—228 and it’s certainly not acceptable for growers or outbreaks have shaken consumer confidence Ackerman Ellison Maloney consumers. in the industry that produces one of our most Altmire Ellsworth Markey (CO) Andrews Engel Markey (MA) At the very least, our nation needs a min- basic and important commodities that Ameri- Arcuri Eshoo Marshall imum food safety standard that applies to cans depend on daily—the food we eat. Baldwin Etheridge Matheson every producer. And we need to help all grow- While I prefer the stronger food safety bill Barrow Farr Matsui ers small or large, comply with the regulations Bartlett Fattah McCaul that the House passed last year, the Senate- Bean Filner McCollum that will be promulgated from this legislation. passed FDA Food Safety Modernization Act Becerra Foster McDermott Anything less falls short of true food safety re- will make substantial improvements to our Berkley Frank (MA) McGovern form, and could be a dangerous disservice to food safety system. It includes critical reforms Berman Fudge McIntyre Biggert Gerlach McNerney the American public. that will improve the FDA’s ability to better Bilbray Giffords Meek (FL) The region I represent, California’s Central prevent outbreaks and protect the safety of Bishop (GA) Gonzalez Meeks (NY) Coast, is the top producing specialty crop re- our food supply and it will allow the FDA to Bishop (NY) Gordon (TN) Michaud gion in the world. As such, I am proud to say Boccieri Grayson Miller (NC) conduct increased inspections, enhance sur- Boren Green, Al Miller, George that food safety is our region’s industry’s top veillance and traceability of food products, and Boswell Green, Gene Minnick priority. The men and women who grow, pack, give the FDA the authority to issue mandatory Boucher Grijalva Mollohan and market fresh produce are committed to recalls. Boyd Hall (NY) Moore (KS) Brady (PA) Halvorson Moore (WI) providing consumers with safe and wholesome Mr. Speaker, we must ensure that the FDA Braley (IA) Hare Moran (VA) foods from field to fork. Our local industry is has the necessary tools and resources to fulfill Brown, Corrine Harman Murphy (CT) constantly working to enhance and improve its vital mission of helping protect the Amer- Butterfield Hastings (FL) Murphy (NY) their performance in growing crops, harvesting Capito Heinrich Murphy, Patrick ican public from unsafe products. This food Capps Higgins Nadler (NY) and handling for distribution, packaging and safety bill is an important part of that effort. I Capuano Hill Napolitano processing into convenient ready-to-eat prod- urge my colleagues to support this legislation. Cardoza Himes Nye ucts. In addition to following all protocols to Mr. DINGELL. I yield back the bal- Carnahan Hinchey Oberstar Carney Hinojosa Obey maintain the safest possible delivery chain—all ance of my time. Carson (IN) Hirono Olver the way to the consumer’s table. The SPEAKER pro tempore. All time Cassidy Holden Owens Mr. Speaker, Food Safety knows no price for debate has expired. Castle Holt Pallone point—Salmonella, e. Coli and Listeria don’t Pursuant to House Resolution 1781, Castor (FL) Inslee Pascrell Chandler Israel Payne care if the food is grown conventionally or or- the previous question is ordered. Childers Jackson (IL) Perlmutter ganically—or if the produce is grown on a The question is on the motion by the Clarke Jackson Lee Perriello large ranch or small farm. That’s why provi- gentleman from Michigan (Mr. DIN- Clay (TX) Peters Cleaver Johnson (GA) Peterson sions in this bill that exempt small producers GELL ). Clyburn Johnson (IL) Pingree (ME) from oversight are simply unacceptable and The question was taken; and the Cohen Johnson, E. B. Polis (CO) dangerous. We need policy based on sound Speaker pro tempore announced that Connolly (VA) Kagen Pomeroy science, and exempting certain sectors of the the ayes appeared to have it. Conyers Kanjorski Price (NC) Cooper Kaptur Quigley industry is not sound policy. Instead, we Mr. PITTS. Mr. Speaker, on that I Costa Kildee Rahall should be providing those small producers demand the yeas and nays. Courtney Kilroy Rangel with the tools and incentives they need to The yeas and nays were ordered. Critz Kind Reed meet the food safety standards we are voting The SPEAKER pro tempore. Pursu- Crowley Kirkpatrick (AZ) Reichert Cuellar Kissell Richardson on today. ant to the order of the House of today, Cummings Klein (FL) Rodriguez Food producers are dedicated to continu- further proceedings on this question Dahlkemper Kosmas Ross ously improving on-farm food safety prac- will be postponed. Davis (CA) Kratovil Rothman (NJ) Davis (TN) Kucinich Roybal-Allard tices—inclusion of exemptions from food safe- f DeFazio Langevin Ruppersberger ty laws is a huge step backward, and will send AMERICA COMPETES DeGette Larsen (WA) Ryan (OH) the wrong message to the food industry. Even DeLauro Larson (CT) Sa´ nchez, Linda worse, it will send the wrong message to the REAUTHORIZATION ACT OF 2010 Dent Lee (NY) T. Dicks Levin Sarbanes American consumer. The SPEAKER pro tempore. Pursu- Dingell Lewis (GA) Schakowsky Congress needs to understand—just as my ant to clause 1(c) of rule XIX, pro- Doggett Lipinski Schauer growers understand—that any fruit or vege- ceedings will now resume on the mo- Donnelly (IN) Loebsack Schiff table implicated in an outbreak taints the en- tion to concur in the Senate amend- Driehaus Lowey Schrader Edwards (MD) Luja´ n Schwartz tire agricultural industry. And those isolated in- ment to the bill (H.R. 5116) to invest in Edwards (TX) Lynch Scott (GA) stances are cumulative. If we allow small pro- innovation through research and devel- Ehlers Maffei Scott (VA)

VerDate Mar 15 2010 05:57 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00104 Fmt 4634 Sfmt 0634 E:\CR\FM\A21DE7.065 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 21, 2010 CONGRESSIONAL RECORD — HOUSE H8891 Serrano Stupak Walz A motion to reconsider was laid on Oberstar Ryan (OH) Sutton ´ Sestak Taylor Waters the table. Obey Sanchez, Linda Taylor Shea-Porter Teague Watt Olver T. Teague Sherman Thompson (CA) Waxman Stated for: Pallone Sarbanes Thompson (CA) Shuler Thompson (MS) Weiner Mr. TONKO. Mr. Speaker, on rollcall No. Pascrell Schakowsky Thompson (MS) Skelton Tierney Welch 659, had I been present, I would have voted Payne Schauer Tierney Slaughter Titus Perlmutter Schiff Wilson (OH) ‘‘yea.’’ Titus Smith (NJ) Towns Wolf Perriello Schrader Tonko Snyder Tsongas Peters Schwartz Woolsey Mr. GARAMENDI. I voice my strong support Towns Space Van Hollen Pingree (ME) Scott (GA) Wu for the America COMPETES Reauthorization Tsongas Speier Vela´ zquez Platts Scott (VA) Yarmuth Van Hollen Spratt Visclosky Act of 2010, H.R. 5116. Unfortunately during a Polis (CO) Serrano Vela´ zquez busy legislative day, I missed the rollcall for Pomeroy Sestak NAYS—130 Price (NC) Shea-Porter Visclosky this important bill, which passed the House of Walz Aderholt Graves (MO) Petri Quigley Sherman Representatives today. Had I been present on Waters Akin Guthrie Pitts Rahall Shuler Watt Alexander Hall (TX) Platts the House Floor, I would have cast an ‘‘aye’’ Rangel Skelton Waxman Austria Harper Poe (TX) vote in favor of H.R. 5116. Richardson Slaughter Weiner Bachmann Hastings (WA) Posey Rodriguez Smith (TX) Welch Bachus Hensarling Price (GA) f Rogers (AL) Snyder Bilirakis Herger Putnam Ross Space Wilson (OH) Bishop (UT) Hoekstra Rehberg GPRA MODERNIZATION ACT OF Rothman (NJ) Speier Woolsey Blackburn Hunter Roybal-Allard Spratt Wu Roe (TN) 2010 Blunt Issa Rogers (AL) Ruppersberger Stupak Yarmuth Bonner Jenkins Rogers (KY) The SPEAKER pro tempore (Mr. Bono Mack Jordan (OH) NAYS—139 Rogers (MI) OBEY). The unfinished business is the Boozman King (IA) Rohrabacher Aderholt Gohmert Paulsen Boustany Kingston Rooney vote on adoption of the motion to con- Akin Goodlatte Pence Brady (TX) Kline (MN) Ros-Lehtinen cur in the Senate amendment to the Alexander Graves (GA) Petri Broun (GA) Lamborn Roskam Austria Graves (MO) Pitts Brown (SC) Lance bill (H.R. 2142) to require the review of Royce Bachmann Guthrie Poe (TX) Buchanan Latham Government programs at least once Ryan (WI) Bachus Hall (TX) Posey Burgess LaTourette Scalise every 5 years for purposes of assessing Bartlett Harper Price (GA) Cantor Latta Schmidt their performance and improving their Biggert Hastings (WA) Putnam Carter Lewis (CA) Bilbray Hensarling Reed Chaffetz LoBiondo Sensenbrenner operations, and to establish the Per- Bishop (UT) Herger Rehberg Coffman (CO) Lucas Sessions formance Improvement Council, on Shadegg Blackburn Hoekstra Reichert Cole Luetkemeyer Blunt Hunter Shimkus which the yeas and nays were ordered. Roe (TN) Conaway Lummis Boehner Issa Shuster The Clerk read the title of the bill. Rogers (KY) Davis (KY) Lungren, Daniel Bonner Jenkins Simpson Rogers (MI) Diaz-Balart, M. E. The SPEAKER pro tempore. The Bono Mack Jordan (OH) Smith (NE) Rohrabacher Djou Mack question is on the motion. Boozman King (IA) Smith (TX) Rooney Dreier Manzullo Boustany Kingston This will be a 5-minute vote. Ros-Lehtinen Duncan McClintock Stearns Brady (TX) Kline (MN) The vote was taken by electronic de- Roskam Emerson McCotter Stutzman Broun (GA) Lamborn Royce Flake McHenry Sullivan vice, and there were—yeas 216, nays Brown (SC) Lance Ryan (WI) Fleming McKeon Terry 139, not voting 78, as follows: Buchanan Latham Forbes Mica Thompson (PA) Scalise [Roll No. 660] Burgess LaTourette Fortenberry Miller (FL) Thornberry Cantor Latta Schmidt Foxx Miller (MI) Tiahrt YEAS—216 Capito Lee (NY) Sensenbrenner Franks (AZ) Moran (KS) Tiberi Sessions Ackerman DeGette Johnson, E. B. Carter Lewis (CA) Frelinghuysen Murphy, Tim Turner Cassidy LoBiondo Shadegg Gallegly Myrick Upton Altmire DeLauro Kagen Shimkus Andrews Dent Kanjorski Chaffetz Lucas Garrett (NJ) Neugebauer Walden Coffman (CO) Luetkemeyer Shuster Gingrey (GA) Olson Westmoreland Arcuri Diaz-Balart, M. Kaptur Simpson Baldwin Dicks Kildee Cole Lummis Gohmert Paul Whitfield Conaway Lungren, Daniel Smith (NE) Goodlatte Paulsen Wilson (SC) Barrow Dingell Kilroy Smith (NJ) Bean Doggett Davis (KY) E. Graves (GA) Pence Wittman Kind Stearns Becerra Donnelly (IN) Kirkpatrick (AZ) Djou Mack Stutzman Berkley Driehaus Kissell Dreier Manzullo NOT VOTING—75 Sullivan Berman Edwards (MD) Klein (FL) Duncan McClintock Adler (NJ) Doyle Miller, Gary Terry Bishop (GA) Ellison Kosmas Ehlers McCotter Baca Fallin Thompson (PA) Mitchell Bishop (NY) Ellsworth Kratovil Emerson McHenry Baird Garamendi Thornberry Neal (MA) Boccieri Engel Kucinich Flake McKeon Barrett (SC) Granger Tiahrt Nunes Boren Eshoo Langevin Fleming Mica Barton (TX) Griffith Tiberi Ortiz Boswell Etheridge Larsen (WA) Forbes Miller (FL) Berry Gutierrez Turner Pastor (AZ) Boucher Farr Levin Fortenberry Miller (MI) Blumenauer Heller Upton Radanovich Boyd Fattah Lewis (GA) Foxx Moran (KS) Boehner Herseth Sandlin Walden Reyes Braley (IA) Filner Lipinski Franks (AZ) Murphy, Tim Bright Hodes Rush Brown, Corrine Foster Loebsack Frelinghuysen Myrick Westmoreland Brown-Waite, Honda Whitfield Salazar Butterfield Frank (MA) Lowey Gallegly Neugebauer Ginny Hoyer Capps Fudge Luja´ n Garrett (NJ) Olson Wilson (SC) Burton (IN) Inglis Sanchez, Loretta Capuano Garamendi Lynch Gerlach Owens Wittman Buyer Johnson, Sam Schock Cardoza Giffords Maffei Gingrey (GA) Paul Wolf Calvert Jones Sires Carnahan Gonzalez Maloney Camp Kennedy Smith (WA) Carney Grayson Markey (CO) NOT VOTING—78 Campbell Kilpatrick (MI) Stark Carson (IN) Green, Al Markey (MA) Adler (NJ) Delahunt Lofgren, Zoe Cao King (NY) Sutton Castle Green, Gene Marshall Baca Deutch Marchant Chu Lee (CA) Tanner Castor (FL) Grijalva Matheson Baird Diaz-Balart, L. McCarthy (CA) Coble Linder Tonko Chandler Hall (NY) Matsui Barrett (SC) Doyle McCarthy (NY) Costello Lofgren, Zoe Wamp Childers Halvorson McCaul Barton (TX) Edwards (TX) McMahon Crenshaw Marchant Wasserman Clarke Hare McCollum Berry Fallin McMorris Culberson McCarthy (CA) Schultz Clay Harman McDermott Bilirakis Gordon (TN) Rodgers Davis (AL) McCarthy (NY) Watson Cleaver Hastings (FL) McGovern Blumenauer Granger Melancon Davis (IL) McMahon Young (AK) Clyburn Heinrich McIntyre Brady (PA) Griffith Miller (NC) Delahunt McMorris Young (FL) Cohen Higgins McNerney Bright Gutierrez Miller, Gary Deutch Rodgers Connolly (VA) Hill Meek (FL) Brown-Waite, Heller Mitchell Diaz-Balart, L. Melancon Conyers Himes Meeks (NY) Ginny Herseth Sandlin Napolitano b 1631 Cooper Hinchey Michaud Burton (IN) Hinojosa Neal (MA) Costa Hirono Miller, George Buyer Hodes Nunes Mr. TERRY changed his vote from Courtney Holden Minnick Calvert Honda Ortiz ‘‘yea’’ to ‘‘nay.’’ Critz Holt Mollohan Camp Inglis Pastor (AZ) Crowley Hoyer Moore (KS) Campbell Johnson, Sam Peterson Messrs. CHANDLER and BARTLETT Cuellar Inslee Moore (WI) Cao Jones Radanovich changed their vote from ‘‘nay’’ to Cummings Israel Moran (VA) Chu Kennedy Reyes ‘‘yea.’’ Dahlkemper Jackson (IL) Murphy (CT) Coble Kilpatrick (MI) Rush So the motion was agreed to. Davis (AL) Jackson Lee Murphy (NY) Costello King (NY) Salazar Davis (CA) (TX) Murphy, Patrick Crenshaw Larson (CT) Sanchez, Loretta The result of the vote was announced Davis (TN) Johnson (GA) Nadler (NY) Culberson Lee (CA) Schock as above recorded. DeFazio Johnson (IL) Nye Davis (IL) Linder Sires

VerDate Mar 15 2010 05:57 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00105 Fmt 4634 Sfmt 0634 E:\CR\FM\A21DE7.055 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8892 CONGRESSIONAL RECORD — HOUSE December 21, 2010 Smith (WA) Wamp Watson Nye Sa´ nchez, Linda Terry Rush Smith (TX) Wasserman Stark Wasserman Young (AK) Oberstar T. Thompson (CA) Salazar Smith (WA) Schultz Tanner Schultz Young (FL) Obey Sarbanes Thompson (MS) Sanchez, Loretta Stark Young (AK) Olver Schakowsky Tierney Schock Tanner Young (FL) b 1642 Owens Schauer Titus Sires Wamp Pallone Schiff Mr. OWENS changed his vote from Tonko Pascrell Schrader Towns b 1649 ‘‘yea’’ to ‘‘nay.’’ Payne Schwartz Tsongas Perlmutter Scott (GA) So the motion was agreed to. So the motion was agreed to. Van Hollen Peters Scott (VA) The result of the vote was announced Vela´ zquez The result of the vote was announced Pingree (ME) Serrano Visclosky as above recorded. as above recorded. Polis (CO) Sestak A motion to reconsider was laid on A motion to reconsider was laid on Pomeroy Shea-Porter Walz Price (NC) Sherman Waters the table. the table. Watson Quigley Shuler f Stated for: Rahall Skelton Watt Mrs. NAPOLITANO. Mr. Speaker, on rollcall Rangel Slaughter Waxman PERSONAL EXPLANATION No. 660, had I been present, I would have Richardson Snyder Weiner Rodriguez Space Welch voted ‘‘yea.’’ Mr. KAGEN. Mr. Speaker, on rollcall No. Roskam Speier Wilson (OH) 661, I was present, placed my card into the f Ross Spratt Wolf Rothman (NJ) Stupak Woolsey voting device and did not look at the Board. FDA FOOD SAFETY Roybal-Allard Sutton Wu I voted ‘‘yes.’’ Ruppersberger Taylor Yarmuth MODERNIZATION ACT Ryan (OH) Teague f The SPEAKER pro tempore. The un- NAYS—144 PERSONAL EXPLANATION finished business is the vote on the Aderholt Gingrey (GA) Paulsen Mr. BACA. Mr. Speaker, please excuse me adoption of the motion to concur in the Akin Gohmert Pence from session Tuesday, December 21, 2010. I Senate amendments to the bill (H.R. Alexander Goodlatte Perriello have legislative business in the district. Had I Austria Graves (GA) Peterson 2751) to accelerate motor fuel savings been here, I would have voted in support of H. nationwide and provide incentives to Bachmann Graves (MO) Petri Bachus Guthrie Pitts R. 5116—The America COMPETES Reauthor- registered owners of high polluting Bartlett Hall (TX) Platts ization Act of 2010, H. R. 2142—The GPRA Bilbray Harper automobiles to replace such auto- Poe (TX) (Government Performance and Results Act) mobiles with new fuel efficient and less Bilirakis Hastings (WA) Posey Bishop (UT) Hensarling Price (GA) Modernization Act of 2010 and H. R. 2751— polluting automobiles, on which the Blackburn Herger Putnam The FDA Food Safety Modernization Act. In Blunt Hoekstra yeas and nays were ordered. Reed Boehner Hunter addition, I support funding our Federal Gov- The Clerk read the title of the bill. Rehberg Bono Mack Issa ernment by passage of a continuing resolution The SPEAKER pro tempore. The Reichert Boozman Jenkins by year’s end. question is on the motion. Boren Johnson (IL) Roe (TN) This will be a 5-minute vote. Boustany Jordan (OH) Rogers (AL) f Rogers (KY) The vote was taken by electronic de- Brady (TX) King (IA) Broun (GA) Kingston Rogers (MI) PERSONAL EXPLANATION vice, and there were—yeas 215, nays Rohrabacher Brown (SC) Kline (MN) Mr. BLUMENAUER. Madam Speaker, due 144, not voting 74, as follows: Buchanan Lamborn Rooney Ros-Lehtinen to an illness, I was unable to be in Wash- [Roll No. 661] Burgess Lance Burton (IN) Latham Royce ington, DC for votes today. Had I been YEAS—215 Cantor LaTourette Ryan (WI) present for the votes, I would have voted as Capito Latta Scalise Ackerman DeLauro Johnson, E. B. follows: Altmire Dent Kanjorski Cardoza Lewis (CA) Schmidt Andrews Dicks Kaptur Carter LoBiondo Sensenbrenner Rollcall vote 658: I would have voted in Arcuri Dingell Kildee Cassidy Lucas Sessions favor of H.R. 6540, the Defense Level Playing Baldwin Djou Kind Chaffetz Luetkemeyer Shadegg Childers Lummis Field Act. Barrow Doggett Kirkpatrick (AZ) Shimkus Rollcall vote 659: I would have voted in Bean Donnelly (IN) Kissell Coffman (CO) Lungren, Daniel Shuster Becerra Driehaus Klein (FL) Cole E. Simpson favor of the motion to concur in the Senate Berkley Edwards (MD) Kosmas Conaway Mack Smith (NE) amendment to H.R. 5116, the America COM- Berman Edwards (TX) Kratovil Costa Manzullo Smith (NJ) Davis (KY) Marshall PETES Reauthorization Act of 2010. Biggert Ehlers Kucinich Stearns Diaz-Balart, M. McCaul Rollcall vote 660: I would have voted in Bishop (GA) Ellison Langevin Stutzman Dreier McClintock Bishop (NY) Ellsworth Larsen (WA) Sullivan favor of the motion to concur in the Senate Duncan McCotter Boccieri Engel Larson (CT) Thompson (PA) amendment to H.R. 2142, the Government Ef- Boswell Eshoo Lee (NY) Emerson McHenry Farr McKeon Thornberry ficiency, Effectiveness, and Performance Im- Boucher Etheridge Levin Tiahrt Boyd Fattah Lewis (GA) Flake Mica provement Act of 2010. Fleming Miller (FL) Tiberi Brady (PA) Filner Lipinski Turner Rollcall vote 661: I would have voted in Braley (IA) Fortenberry Loebsack Forbes Miller (MI) Upton favor of the motion to concur in the Senate Brown, Corrine Foster Lowey Foxx Moran (KS) Walden Butterfield Frank (MA) Luja´ n Franks (AZ) Murphy, Tim amendment to H.R. 5116, the FDA Food Safe- Westmoreland Capps Fudge Lynch Frelinghuysen Myrick ty Modernization Act. This long-overdue legis- Whitfield Capuano Garamendi Maffei Gallegly Neugebauer Garrett (NJ) Olson Wilson (SC) lation will help ensure a safe food supply while Carnahan Giffords Maloney taking into the realities and needs of Amer- Carney Gonzalez Markey (CO) Gerlach Paul Wittman Carson (IN) Grayson Markey (MA) ica’s farmers. I especially appreciate changes NOT VOTING—74 Castle Green, Al Matheson made by the Senate to meet the needs of very Castor (FL) Green, Gene Matsui Adler (NJ) Davis (IL) Kilpatrick (MI) small farms and processors. Chandler Grijalva McCollum Baca Delahunt Kilroy Clarke Hall (NY) McDermott Baird Deutch King (NY) f Clay Halvorson McGovern Barrett (SC) Diaz-Balart, L. Lee (CA) Cleaver Hare McIntyre Barton (TX) Doyle Linder PERSONAL EXPLANATION Clyburn Harman McNerney Berry Fallin Lofgren, Zoe Cohen Hastings (FL) Meek (FL) Blumenauer Gordon (TN) Marchant Mr. GUTIERREZ. Madam Speaker, I was Connolly (VA) Heinrich Meeks (NY) Bonner Granger McCarthy (CA) unavoidably absent for votes in the House Conyers Higgins Michaud Bright Griffith McCarthy (NY) Chamber today. I would like the RECORD to Cooper Hill Miller (NC) Brown-Waite, Gutierrez McMahon Courtney Himes Miller, George Ginny Heller McMorris show that, had I been present, I would have Critz Hinchey Minnick Buyer Herseth Sandlin Rodgers voted ‘‘yea’’ on rollcall votes 659, 660, and Crowley Holden Mollohan Calvert Hinojosa Melancon 661. Cuellar Holt Moore (KS) Camp Hirono Miller, Gary Cummings Hoyer Moore (WI) Campbell Hodes Mitchell f Dahlkemper Inslee Moran (VA) Cao Honda Neal (MA) Davis (AL) Israel Murphy (CT) Chu Inglis Nunes LEGISLATIVE PROGRAM Davis (CA) Jackson (IL) Murphy (NY) Coble Johnson, Sam Ortiz (Mr. HOYER asked and was given Davis (TN) Jackson Lee Murphy, Patrick Costello Jones Pastor (AZ) DeFazio (TX) Nadler (NY) Crenshaw Kagen Radanovich permission to address the House for 1 DeGette Johnson (GA) Napolitano Culberson Kennedy Reyes minute.)

VerDate Mar 15 2010 05:57 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00106 Fmt 4634 Sfmt 0634 E:\CR\FM\A21DE7.066 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 21, 2010 CONGRESSIONAL RECORD — HOUSE H8893 Mr. HOYER. Ladies and gentlemen, I ANTI-BORDER CORRUPTION ACT (Rept. No. 111–694) on the resolution (H. know the consternation that exists OF 2010 Res. 1782) providing for consideration with respect to our schedule and when The SPEAKER pro tempore. The un- of the Senate amendment to the House we are going to leave. I want to an- finished business is the question on amendment to the Senate amendment nounce what I believe to be the balance suspending the rules and passing the to the bill (H.R. 3082) making appro- of the schedule tonight. I would hope bill (S. 3243) to require U.S. Customs priations for military construction, the that it would include, but cannot as- and Border Protection to administer Department of Veterans Affairs, and sert at this point in time because I polygraph examinations to all appli- related agencies for the fiscal year end- don’t know—and I don’t believe it’s the cants for law enforcement positions ing September 30, 2010, and for other case—that 9/11 will be ready for us. with U.S. Customs and Border Protec- purposes, which was referred to the They are still talking about it in the tion, to require U.S. Customs and Bor- House Calendar and ordered to be Senate. I just talked to Senator REID. der Protection to complete all periodic printed. We will go to a suspension bill, the background reinvestigations of certain f child sex trafficking bill. We will then law enforcement personnel, and for ANNOUNCEMENT BY THE SPEAKER go to the rule for the continuing reso- other purposes. PRO TEMPORE lution. We will then do the continuing The Clerk read the title of the bill. resolution. That would, unless we get 9/ The SPEAKER pro tempore. The The SPEAKER pro tempore (Ms. 11, conclude the business for today. question is on the motion offered by BALDWIN). Pursuant to clause 8 of rule XX, the Chair will postpone further It is, as Senator REID indicates to the gentlewoman from Texas (Ms. proceedings today on motions to sus- me, a high likelihood that they will JACKSON LEE) that the House suspend complete 9/11 sometime tomorrow. Now the rules and pass the bill. pend the rules on which a recorded vote ‘‘sometime tomorrow’’ is, he says, no The question was taken; and (two- or the yeas and nays are ordered, or on later than 4, as early as 2. thirds being in the affirmative) the which the vote incurs objection under Ladies and gentlemen, I know we rules were suspended and the bill was clause 6 of rule XX. Record votes on postponed questions would all like to say that, well, let’s go passed. will be taken later. home. As you know, the 9/11 bill does, A motion to reconsider was laid on in fact, impact literally tens of thou- the table. f sands of people who participated subse- f b 1700 quent to 9/11 in going into that build- FIRST LIEUTENANT ROBERT WIL- DOMESTIC MINOR SEX TRAF- ing and initially looking for those who SON COLLINS POST OFFICE FICKING DETERRENCE AND VIC- might still be surviving, and to look BUILDING TIMS SUPPORT ACT OF 2010 for those who did not survive and bring them out. So this is not a matter that The SPEAKER pro tempore. The un- Mr. SCOTT of Virginia. Madam does not have serious consequences for finished business is the question on Speaker, I move to suspend the rules people who volunteered and, as a result suspending the rules and passing the and pass the Senate bill (S. 2925) to es- of the atmosphere which confronted bill (S. 3592) to designate the facility of tablish a grant program to benefit vic- them as they went in, they became ill. the United States Postal Service lo- tims of sex trafficking, and for other So I think all of us understand the cated at 100 Commerce Drive in Ty- purposes, as amended. The Clerk read the title of the bill. seriousness of this bill and the con- rone, Georgia, as the ‘‘First Lieutenant The text of the amendment is as fol- sequences of not doing it. So I would Robert Wilson Collins Post Office lows: ask you to bear with us. We will have Building’’. Amendment: these votes, and we will be in constant The Clerk read the title of the bill. The SPEAKER pro tempore. The Strike out all after the enacting clause and touch with Senator REID, the majority insert: leader. question is on the motion offered by the gentleman from Texas (Mr. SECTION 1. SHORT TITLE. But my expectation is that there is a This Act may be cited as the ‘‘Domestic CUELLAR) that the House suspend the high likelihood of a vote on 9/11 some- Minor Sex Trafficking Deterrence and Vic- rules and pass the bill. time tomorrow. As a result, I would be tims Support Act of 2010’’. The question was taken; and (two- asking all of you to stay tonight and be SEC. 2. FINDINGS. thirds being in the affirmative) the here tomorrow so that we can convene Congress finds the following: rules were suspended and the bill was and do this very, very important busi- (1) Human trafficking is modern-day slav- passed. ery. It is one of the fastest-growing, and the ness, which is not just important to the A motion to reconsider was laid on second largest, criminal enterprise in the New Yorkers; this is important to our the table. world. Human trafficking generates an esti- country. At any time we may have a mated profit of $32,000,000,000 per year, world catastrophe in which people would vol- f wide. unteer and show heroic effort to save REMOVAL OF NAME OF MEMBER (2) In the United States, human trafficking lives and to rescue people. AS COSPONSOR OF HOUSE RESO- is an increasing problem. This criminal en- That is the schedule for the balance LUTION 1762 terprise victimizes individuals in the United of the day. If 9/11 moves over here at States, many of them children, who are Mr. ACKERMAN. Mr. Speaker, I ask forced into prostitution, and foreigners any point and, frankly, what is hap- unanimous consent that Representa- brought into the country, often under false pening now, I tell my friends, is that tive FRANK Wolf be removed as a co- pretenses, who are coerced into forced labor they’re seeing whether or not, during sponsor of House Resolution 1762. or commercial sexual exploitation. the course of the START debate, which The SPEAKER pro tempore. Is there (3) Sex trafficking is one of the most lucra- is going on now, whether they can get objection to the request of the gen- tive areas of human trafficking. Criminal a time agreement and bring START to gang members in the United States are in- tleman from New York? creasingly involved in recruiting young a close and a vote. If they can do that There was no objection. and then go to 9/11 and have a debate women and girls into sex trafficking. Inter- f views with gang members indicate that the which is relatively brief, they’ve obvi- REPORT ON RESOLUTION PRO- gang members regard working as an indi- ously had a long-term debate on that, vidual who solicits customers for a pros- and bring this bill to us tonight, I VIDING FOR CONSIDERATION OF titute (commonly known as a ‘‘pimp’’) to know that all of you would want and I SENATE AMENDMENT TO HOUSE being as lucrative as trafficking in drugs, would want and we will do it tonight. AMENDMENT TO SENATE but with a much lower chance of being crimi- But I cannot assert that I think the AMENDMENT TO H.R. 3082, CON- nally convicted. Senate is going to move it in that time TINUING APPROPRIATIONS AND (4) National Incidence Studies of Missing, frame. SURFACE TRANSPORTATION EX- Abducted, Runaway and Throwaway Chil- TENSIONS ACT, 2011 dren, the definitive study of episodes of miss- That is our schedule. And, hopefully, ing children, found that of the children who our business will be concluded tomor- Mr. POLIS, from the Committee on are victims of non-family abduction, run- row on the passage of 9/11. Rules, submitted a privileged report away or throwaway children, the police are

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alerted by family or guardians in only 21 per- services include safe houses, crisis interven- ‘‘(1) DEFINITIONS.—In this section— cent of the cases. In 79 percent of cases there tion programs, community-based programs, ‘‘(A) the term ‘Assistant Attorney General’ is no report and no police involvement, and and law-enforcement training to help offi- means the Assistant Attorney General for therefore no official attempt to find the cers identify minor sex trafficking victims. the Office of Justice Programs of the Depart- child. (15) Sex trafficking of minors is not a prob- ment of Justice; (5) In 2007, the Administration of Children lem that occurs only in urban settings. This ‘‘(B) the term ‘eligible entity’ means a and Families, Department of Health and crime also exists in rural areas and on Indian State or unit of local government that— Human Services, reported to the Federal reservations. Efforts to address sex traf- ‘‘(i) has significant criminal activity in- Government 265,000 cases of serious physical, ficking of minors should include partner- volving sex trafficking of minors; sexual, or psychological abuse of children. ships with organizations that seek to address ‘‘(ii) has demonstrated cooperation be- (6) Experts estimate that each year at the needs of such underserved communities. tween State, local, and, where applicable, least 100,000 children in the United States SEC. 3. SENSE OF CONGRESS. tribal law enforcement agencies, prosecu- are exploited through prostitution. It is the sense of the Congress that— tors, and social service providers in address- (7) Children who have run away from home (1) the Attorney General should implement ing sex trafficking of minors; are at a high risk of becoming exploited changes to the National Crime Information ‘‘(iii) has developed a workable, multi-dis- through sex trafficking. Children who have Center database to ensure that— ciplinary plan to combat sex trafficking of run away multiple times are at much higher (A) a child entered into the database will minors, including— risk of not returning home and of engaging be automatically designated as an endan- ‘‘(I) the establishment of a shelter for in prostitution. gered juvenile if the child has been reported minor victims of sex trafficking, through ex- (8) The vast majority of children involved missing not less than 3 times in a 1-year pe- isting or new facilities; in sex trafficking have suffered previous sex- riod; ‘‘(II) the provision of rehabilitative care to ual or physical abuse, live in poverty, or (B) the database is programmed to cross- minor victims of sex trafficking; have no stable home or family life. These reference newly entered reports with histor- ‘‘(III) the provision of specialized training children require a comprehensive framework ical records already in the database; and for law enforcement officers and social serv- of specialized treatment and mental health (C) the database is programmed to include ice providers for all forms of sex trafficking, counseling that addresses post-traumatic a visual cue on the record of a child des- with a focus on sex trafficking of minors; stress, depression, and sexual exploitation. ignated as an endangered juvenile to assist ‘‘(IV) prevention, deterrence, and prosecu- (9) The average age of first exploitation law enforcement officers in recognizing the tion of offenses involving sex trafficking of through prostitution is 13. Seventy-five per- child and providing the child with appro- minors; cent of minors exploited through prostitu- priate care and services; ‘‘(V) cooperation or referral agreements tion have a pimp. A pimp can earn $200,000 (2) funds awarded under subpart 1 of part E with organizations providing outreach or per year prostituting 1 sex trafficking vic- of title I of the Omnibus Crime Control and other related services to runaway and home- tim. Safe Streets Act of 1968 (42 U.S.C. 3750 et less youth; and (10) Sex trafficking of minors is a complex seq.) (commonly known as Byrne Grants) ‘‘(VI) law enforcement protocols or proce- and varied criminal problem that requires a should be used to provide education, train- dures to screen all individuals arrested for multi-disciplinary, cooperative solution. Re- ing, deterrence, and prevention programs re- prostitution, whether adult or minor, for vic- ducing trafficking will require the Govern- lating to sex trafficking of minors; timization by sex trafficking and by other ment to address victims, pimps, and johns, (3) States should— crimes, such as sexual assault and domestic and to provide training specific to sex traf- (A) treat minor victims of sex trafficking violence; and ficking for law enforcement officers and as crime victims rather than as criminal de- ‘‘(iv) provides an assurance that, under the prosecutors, and child welfare, public health, fendants or juvenile delinquents; plan under clause (iii), a minor victim of sex and other social service providers. (B) adopt laws that— trafficking shall not be required to collabo- (11) Human trafficking is a criminal enter- (i) establish the presumption that a child rate with law enforcement to have access to prise that imposes significant costs on the under the age of 18 who is charged with a any shelter or services provided with a grant economy of the United States. Government prostitution offense is a minor victim of sex under this section; and non-profit resources used to address traf- trafficking; ‘‘(C) the term ‘minor victim of sex trafficking include those of law enforcement, the (ii) avoid the criminal charge of prostitu- ficking’ means an individual who is— judicial and penal systems, and social serv- tion for such a child, and instead consider ‘‘(i) under the age of 18 years old, and is a ice providers. Without a range of appropriate such a child a victim of crime and provide victim of an offense described in section treatments to help trafficking victims over- the child with appropriate services and 1591(a) of title 18, United States Code, or a come the trauma they have experienced, vic- treatment; and comparable State law; or tims will continue to be exploited by crimi- (iii) strengthen criminal provisions prohib- ‘‘(ii) at least 18 years old but not more nals and unable to support themselves, and iting the purchasing of commercial sex acts, than 20 years old, and who, on the day before will continue to require Government re- especially with minors; the individual attained 18 years of age, was sources, rather than being productive con- (C) amend State statutes and regulations— described in clause (i) and was receiving tributors to the legitimate economy. (i) relating to crime victim compensation shelter or services as a minor victim of sex (12) Human trafficking victims are often to make eligible for such compensation any trafficking; either not identified as trafficking victims individual who is a victim of sex trafficking ‘‘(D) the term ‘qualified non-governmental or are mischaracterized as criminal offend- as defined in section 1591(a) of title 18, organization’ means an organization that— ers. Both private and public sector personnel United States Code, or a comparable State ‘‘(i) is not a State or unit of local govern- play a significant role in identifying traf- law against commercial sexual exploitation ment, or an agency of a State or unit of local ficking victims and potential victims, such of children, and who would otherwise be in- government; as runaways. Examples of such personnel ineligible for such compensation due to par- ‘‘(ii) has demonstrated experience pro- clude hotel staff, flight attendants, health ticipation in prostitution activities because viding services to victims of sex trafficking care providers, educators, and parks and the individual is determined to have contrib- or related populations (such as runaway and recreation personnel. Efforts to train these uted to, consented to, benefitted from, or homeless youth), or employs staff specialized individuals can bolster law enforcement ef- otherwise participated as a party to the in the treatment of sex trafficking victims; forts to reduce human trafficking. crime for which the individual is claiming and (13) Minor sex trafficking victims are injury; and ‘‘(iii) demonstrates a plan to sustain the under the age of 18. Because minors do not (ii) relating to law enforcement reporting provision of services beyond the period of a have the capacity to consent to their own requirements to provide for exceptions to grant awarded under this section; and commercial sexual exploitation, minor sex such requirements for victims of sex traf- ‘‘(E) the term ‘sex trafficking of a minor’ trafficking victims should not be charged as ficking in the same manner as exceptions are means an offense described in subsection (a) criminal defendants. Instead, minor victims provided to victims of domestic violence or of section 1591 of title 18, United States Code, of sex trafficking should have access to related crimes; and the victim of which is a minor. treatment and services to help them recover (4) demand for commercial sex with sex ‘‘(2) GRANTS AUTHORIZED.— from their sexual exploitation, and should trafficking victims must be deterred through ‘‘(A) IN GENERAL.—The Assistant Attorney also be provided access to appropriate com- consistent enforcement of criminal laws General, in consultation with the Assistant pensation for harm they have suffered. against purchasing commercial sex. Secretary for Children and Families of the (14) Several States have recently passed or SEC. 4. SEX TRAFFICKING BLOCK GRANTS. Department of Health and Human Services, are considering legislation that establishes a (a) IN GENERAL.—Section 204 of the Traf- is authorized to award block grants to 6 eli- presumption that a minor charged with a ficking Victims Protection Reauthorization gible entities in different regions of the prostitution offense is a severely trafficked Act of 2005 (42 U.S.C. 14044c) is amended to United States to combat sex trafficking, and person and should instead be cared for read as follows: not fewer than 1 of the block grants shall be through the child protection system. Some ‘‘SEC. 204. ENHANCING STATE AND LOCAL EF- awarded to an eligible entity with a State such legislation also provides support and FORTS TO COMBAT TRAFFICKING IN population of less than 5,000,000. Each eligi- services to minor sex trafficking victims PERSONS. ble entity awarded a block grant under this who are under the age of 18 years old. These ‘‘(a) SEX TRAFFICKING BLOCK GRANTS.— subparagraph shall certify that Federal

VerDate Mar 15 2010 05:57 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00108 Fmt 4634 Sfmt 0634 E:\CR\FM\A21DE7.094 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 21, 2010 CONGRESSIONAL RECORD — HOUSE H8895 funds received under the block grant will be ‘‘(ix) funding salaries for State and local 25 percent of a grant in the first year, 40 per- used to combat only interstate sex traf- prosecutors, including assisting in paying cent in the second year, and 50 percent in the ficking. trial expenses for prosecution of sex traf- third year. ‘‘(B) GRANT AMOUNT.—Subject to the avail- ficking offenders; ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— ability of appropriations under subsection (g) ‘‘(x) investigation expenses for cases in- There are authorized to be appropriated to to carry out this section, each grant awarded volving sex trafficking of minors, includ- the Attorney General to carry out this sec- under this section shall be for an amount not ing— tion $15,000,000 for each of the fiscal years less than $2,000,000 and not greater than ‘‘(I) wire taps; 2012 through 2014.’’. $2,500,000. ‘‘(II) consultants with expertise specific to (b) SUNSET PROVISION.—Effective 3 years after the date of enactment of this Act, sec- ‘‘(C) DURATION.— cases involving sex trafficking of minors; tion 204 of the Trafficking Victims Protec- ‘‘(i) IN GENERAL.—A grant awarded under ‘‘(III) travel; and tion Reauthorization Act of 2005 (42 U.S.C. this section shall be for a period of 1 year. ‘‘(IV) any other technical assistance ex- 14044c) is amended to read as it read on the ‘‘(ii) RENEWAL.— penditures; day before the date of enactment of this Act. ‘‘(I) IN GENERAL.—The Assistant Attorney ‘‘(xi) outreach and education programs to provide information about deterrence and (c) GAO EVALUATION.—Not later than 30 General may renew a grant under this sec- months after the date of enactment of this tion for two 1-year periods. prevention of sex trafficking of minors; and ‘‘(xii) programs to provide treatment to in- Act, the Comptroller General of the United ‘‘(II) PRIORITY.—In awarding grants in any States shall conduct a study of and submit fiscal year after the first fiscal year in which dividuals charged or cited with purchasing or attempting to purchase sex acts in cases to Congress a report evaluating the impact grants are awarded under this section, the where— of this Act and the amendments made by Assistant Attorney General shall give pri- ‘‘(I) a treatment program can be mandated this Act in aiding minor victims of sex traf- ority to applicants that received a grant in as a condition of a sentence, fine, suspended ficking in the United States and increasing the preceding fiscal year and are eligible for sentence, or probation, or is an appropriate the ability of law enforcement agencies to renewal under this subparagraph, taking alternative to criminal prosecution; and prosecute sex trafficking offenders, which into account any evaluation of such appli- ‘‘(II) the individual was not charged with shall include recommendations, if any, re- cant conducted pursuant to paragraph (5), if purchasing or attempting to purchase sex garding any legislative or administrative ac- available. acts with a minor. tion the Comptroller General determines ap- ‘‘(D) CONSULTATION.—In carrying out this ‘‘(C) PROHIBITED ACTIVITIES.—Grants propriate. section, consultation by the Assistant Attor- awarded pursuant to paragraph (2) shall not SEC. 5. REPORTING REQUIREMENTS. ney General with the Assistant Secretary for be used for medical care (as defined in sec- (a) REPORTING REQUIREMENT FOR STATE Children and Families of the Department of tion 2791(a)(2) of the Public Health Service CHILD WELFARE AGENCIES.— Health and Human Services shall include Act (42 U.S.C. 300gg-91)), except that grants (1) REQUIREMENT FOR STATE CHILD WELFARE consultation with respect to grantee evalua- may be used for mental health counseling as AGENCIES TO REPORT CHILDREN MISSING OR AB- tions, the avoidance of unintentional dupli- authorized under subparagraph (B)(v). DUCTED.—Section 471(a) of the Social Secu- cation of grants, and any other areas of ‘‘(4) APPLICATION.— rity Act (42 U.S.C. 671(a)) is amended— shared concern. ‘‘(A) IN GENERAL.—Each eligible entity de- (A) in paragraph (32), by striking ‘‘and’’ ‘‘(3) USE OF FUNDS.— siring a grant under this section shall sub- after the semicolon; ‘‘(A) ALLOCATION.—For each grant awarded mit an application to the Assistant Attorney (B) in paragraph (33), by striking the pe- under paragraph (2)— General at such time, in such manner, and riod and inserting ‘‘; and’’; and ‘‘(i) not less than 67 percent of the funds accompanied by such information as the As- (C) by inserting after paragraph (33) the shall be used by the eligible entity to provide sistant Attorney General may reasonably re- following: shelter and services (as described in clauses quire. ‘‘(34) provides that the State has in effect (i) through (iv) of subparagraph (B)) to minor ‘‘(B) CONTENTS.—Each application sub- procedures that require the State agency to victims of sex trafficking through qualified mitted pursuant to subparagraph (A) shall— promptly report information on missing or nongovernmental organizations; and ‘‘(i) describe the activities for which assist- abducted children to the law enforcement ‘‘(ii) not less than 10 percent of the funds ance under this section is sought; and authorities for entry into the National shall be awarded by the eligible entity to one ‘‘(ii) provide such additional assurances as Crime Information Center (NCIC) database of or more qualified nongovernmental organiza- the Assistant Attorney General determines the Federal Bureau of Investigation, estab- tions with annual revenues of less than to be essential to ensure compliance with the lished pursuant to section 534 of title 28, $750,000, to provide services to minor victims requirements of this section. United States Code.’’. of sex trafficking or training for service pro- ‘‘(5) EVALUATION.—The Assistant Attorney (2) REGULATIONS.—The Secretary of Health viders related to sex trafficking of minors. General shall enter into a contract with an and Human Services shall promulgate regu- ‘‘(B) AUTHORIZED ACTIVITIES.—Grants academic or non-profit organization that has lations implementing the amendments made awarded pursuant to paragraph (2) may be experience in issues related to sex traf- by paragraph (1). The regulations promul- used for— ficking of minors and evaluation of grant gated under this subsection shall include ‘‘(i) providing shelter to minor victims of programs to conduct an annual evaluation of provisions to withhold Federal funds from trafficking, including temporary or long- grants made under this section to determine any State that fails to substantially comply term placement as appropriate; the impact and effectiveness of programs with the requirement imposed under the ‘‘(ii) providing 24-hour emergency social funded with grants awarded under paragraph amendments made by paragraph (1). services response for minor victims of sex (2). (3) EFFECTIVE DATE.—The amendment trafficking; ‘‘(b) MANDATORY EXCLUSION.—Any grantee made by paragraph (1) shall take effect on ‘‘(iii) providing minor victims of sex traf- awarded funds under this section that is the date that is 6 months after the date of ficking with clothing and other daily neces- found to have utilized grant funds for any the enactment of this Act, without regard to sities needed to keep such victims from re- unauthorized expenditure or otherwise unal- whether final regulations required under turning to living on the street; lowable cost shall not be eligible for any paragraph (2) have been promulgated. ‘‘(iv) case management services for minor grant funds awarded under the block grant (b) ANNUAL STATISTICAL SUMMARY.—Sec- victims of sex trafficking; for 2 fiscal years following the year in which tion 3701(c) of the Crime Control Act of 1990 ‘‘(v) mental health counseling for minor the unauthorized expenditure or unallowable (42 U.S.C. 5779(c)) is amended by inserting ‘‘, victims of sex trafficking, including special- cost is reported. which shall include the total number of re- ized counseling and substance abuse treat- ‘‘(c) COMPLIANCE REQUIREMENT.—A grantee ports received and the total number of en- ment; shall not be eligible to receive a grant under tries made to the National Crime Informa- this section if within the last 5 fiscal years, ‘‘(vi) legal services for minor victims of sex tion Center (NCIC) database of the Federal the grantee has been found to have violated trafficking; Bureau of Investigation, established pursu- the terms or conditions of a Government ‘‘(vii) specialized training for law enforce- ant to section 534 of title 28, United States grant program by utilizing grant funds for ment personnel, social service providers, and Code.’’ after ‘‘this title’’. unauthorized expenditures or otherwise un- public and private sector personnel likely to (c) STATE REPORTING.—Section 3702 of the allowable costs. encounter sex trafficking victims on issues Crime Control Act of 1990 (42 U.S.C. 5780) is ‘‘(d) ADMINISTRATIVE CAP.—The cost of ad- related to the sex trafficking of minors; ministering the grants authorized by this amended in paragraph (4)— ‘‘(viii) funding salaries, in whole or in part, section shall not exceed 3 percent of the (1) by striking ‘‘(2)’’ and inserting ‘‘(3)’’; for law enforcement officers, including pa- total amount appropriated to carry out this (2) in subparagraph (A), by inserting ‘‘, and trol officers, detectives, and investigators, section. a photograph taken within the previous 180 except that the percentage of the salary of ‘‘(e) AUDIT REQUIREMENT.—For fiscal years days’’ after ‘‘dental records’’; the law enforcement officer paid for by funds 2012 and 2013, the Inspector General of the (3) in subparagraph (B), by striking ‘‘and’’ from a grant awarded under paragraph (2) Department of Justice shall conduct an after the semicolon; shall not be more than the percentage of the audit of all 6 grantees awarded block grants (4) by redesignating subparagraph (C) as officer’s time on duty that is dedicated to under this section. subparagraph (D); and working on cases involving sex trafficking of ‘‘(f) MATCH REQUIREMENT.—A grantee of a (5) by inserting after subparagraph (B) the minors; grant under this section shall match at least following:

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‘‘(C) notify the National Center for Missing ‘‘(c) Whoever knowingly and intentionally (b) CERTAIN ACTIVITIES RELATING TO MATE- and Exploited Children of each report re- violates or attempts to violate an order RIAL CONSTITUTING OR CONTAINING CHILD POR- ceived relating to a child reported missing issued under this section shall be fined under NOGRAPHY.—Section 2252A(b)(2) of title 18, from a foster care family home or childcare this title, imprisoned not more than 5 years, United States Code, is amended by inserting institution; and’’. or both. after ‘‘but, if’’ the following: ‘‘any image of SEC. 6. PROTECTION FOR CHILD TRAFFICKING ‘‘(d)(1) As used in this section— child pornography involved in the offense in- VICTIMS AND SURVIVORS. ‘‘(A) the term ‘course of conduct’ means a volved a prepubescent minor or a minor who Section 225(b) of the Trafficking Victims series of acts over a period of time, however had not attained 12 years of age, such person Reauthorization Act of 2008 (22 U.S.C. 7101 short, indicating a continuity of purpose; shall be fined under this title and imprisoned note) is amended— ‘‘(B) the term ‘harassment’ means a seri- for not more than 20 years, or if’’. (1) in paragraph (1), by striking ‘‘and’’ at ous act or course of conduct directed at a SEC. 10. REDUCING UNNECESSARY PRINTING the end; specific person that— AND PUBLISHING COSTS OF GOV- (2) by redesignating paragraph (2) as para- ‘‘(i) causes substantial emotional distress ERNMENT DOCUMENTS. graph (3); and in such person; and Not later than 180 days after the date of (3) by inserting after paragraph (1) the fol- ‘‘(ii) serves no legitimate purpose; enactment of this Act, the Director of the lowing: ‘‘(C) the term ‘immediate family member’ Office of Management and Budget shall co- ‘‘(2) protects children exploited through has the meaning given that term in section ordinate with the heads of Federal depart- prostitution by including safe harbor provi- 115 and includes grandchildren; ments and independent agencies to— sions that— ‘‘(D) the term ‘intimidation’ means a seri- (1) determine which Government publica- ‘‘(A) treat an individual under 18 years of ous act or course of conduct directed at a tions could be available on Government age who has been arrested for offering to en- specific person that— websites and no longer printed and to devise gage in or engaging in a sexual act with an- ‘‘(i) causes fear or apprehension in such a strategy to reduce overall Government other person in exchange for monetary com- person; and printing costs beginning with fiscal year pensation as a victim of a severe form of ‘‘(ii) serves no legitimate purpose; 2012, except that the Director shall ensure trafficking in persons; ‘‘(E) the term ‘restricted personal informa- that essential printed documents prepared ‘‘(B) prohibit the charging or prosecution tion’ has the meaning give that term in sec- for Social Security recipients, Medicare of an individual described in subparagraph tion 119; beneficiaries, and other populations in areas (A) for a prostitution offense; ‘‘(F) the term ‘serious act’ means a single with limited internet access or use continue ‘‘(C) require the referral of an individual act of threatening, retaliatory, harassing, or to remain available; described in subparagraph (A) to comprehen- violent conduct that is reasonably likely to (2) establish government-wide Federal sive service or community-based programs influence the willingness of a victim or wit- guidelines on employee printing; that provide assistance to child victims of ness to testify or participate in a Federal (3) issue on the Office of Management and commercial sexual exploitation, to the ex- criminal case or investigation; and Budget’s public website the results of a cost- tent that comprehensive service or commu- ‘‘(G) the term ‘specific person’ means a vic- benefit analysis on implementing a digital nity-based programs exist; and tim or witness in a Federal criminal case or signature system and on establishing em- ‘‘(D) provide that an individual described investigation, and includes an immediate ployee printing identification systems, such in subparagraph (A) shall not be required to family member of such a victim or witness. as the use of individual employee cards or prove fraud, force, or coercion in order to re- ‘‘(2) For purposes of subparagraphs (B)(ii) codes, to monitor the amount of printing ceive the protections described under this and (D)(ii) of paragraph (1), a court shall pre- done by Federal employees, except that the paragraph; and’’. sume, subject to rebuttal by the person, that Director of the Office of Management and SEC. 7. PROTECTION OF CHILD WITNESSES. the distribution or publication using the Budget shall ensure that Federal employee Section 1514 of title 18, United States Code, Internet of a photograph of, or restricted printing costs unrelated to national defense, is amended— personal information regarding, a specific homeland security, border security, national (1) in subsection (b)— person serves no legitimate purpose, unless disasters, and other emergencies do not ex- (A) in paragraph (1)— that use is authorized by that specific per- ceed $860,000,000 annually for fiscal years 2012 (i) by inserting ‘‘or its own motion,’’ after son, is for news reporting purposes, is de- through 2014; and ‘‘attorney for the Government’’; and signed to locate that specific person (who (4) issue guidelines requiring every depart- (ii) by inserting ‘‘or investigation’’ after has been reported to law enforcement as a ment, agency, commission or office to list at ‘‘Federal criminal case’’ each place it ap- missing person), or is part of a government- a prominent place near the beginning of each pears; authorized effort to locate a fugitive or per- publication distributed to the public and (B) by redesignating paragraphs (2), (3), son of interest in a criminal, antiterrorism, issued or paid for by the Federal Government and (4) as paragraphs (3), (4), and (5), respec- or national security investigation.’’. the following: tively; SEC. 8. SENTENCING GUIDELINES. (A) The name of the issuing agency, de- (C) by inserting after paragraph (1) the fol- Pursuant to its authority under section 994 partment, commission or office. lowing: of title 28, United States Code, and in accord- (B) The total number of copies of the docu- ‘‘(2) In the case of a minor witness or vic- ance with this section, the United States ment printed. tim, the court shall issue a protective order Sentencing Commission shall review and (C) The collective cost of producing and prohibiting harassment or intimidation of amend the Federal sentencing guidelines and printing all of the copies of the document. the minor victim or witness if the court policy statements to ensure— (D) The name of the firm publishing the finds evidence that the conduct at issue is document. reasonably likely to adversely affect the (1) that the guidelines provide an addi- willingness of the minor witness or victim to tional penalty increase, if appropriate, above SEC. 11. ADMINISTRATIVE SUBPOENAS. testify or otherwise participate in the Fed- the sentence otherwise applicable in Part J Section 3486(a)(1)(D) of title 18, United eral criminal case or investigation. Any of Chapter 2 of the Guidelines Manual if the States Code, is amended by inserting ‘‘2250,’’ hearing regarding a protective order under defendant was convicted of a violation of after ‘‘2243,’’. this paragraph shall be conducted in accord- section 1591 of title 18, United States Code, SEC. 12. BUDGETARY EFFECTS. ance with paragraphs (1) and (3), except that or chapters 109A, 109B, 110 or 117 of title 18, The budgetary effects of this Act, for the the court may issue an ex parte emergency United States Code; and purpose of complying with the Statutory protective order in advance of a hearing if (2) if the offense described in paragraph (1) Pay-As-You-Go-Act of 2010, shall be deter- exigent circumstances are present. If such an involved causing or threatening to cause mined by reference to the latest statement ex parte order is applied for or issued, the physical injury to a person under 18 years of titled ‘‘Budgetary Effects of PAYGO Legisla- court shall hold a hearing not later than 14 age, in order to obstruct the administration tion’’ for this Act, submitted for printing in days after the date such order was applied of justice, an additional penalty increase, if the Congressional Record by the Chairman of for or is issued.’’; appropriate, above the sentence otherwise the House Budget Committee, provided that (D) in paragraph (4), as so redesignated, by applicable in Part J of Chapter 2 of the such statement has been submitted prior to striking ‘‘(and not by reference to the com- Guidelines Manual. the vote on passage. plaint or other document)’’; and SEC. 9. PENALTIES FOR POSSESSION OF CHILD (E) in paragraph (5), as so redesignated, in PORNOGRAPHY. The SPEAKER pro tempore. Pursu- the second sentence, by inserting before the (a) CERTAIN ACTIVITIES RELATING TO MATE- ant to the rule, the gentleman from period at the end the following: ‘‘, except RIAL INVOLVING THE SEXUAL EXPLOITATION OF Virginia (Mr. SCOTT) and the gen- that in the case of a minor victim or witness, MINORS.—Section 2252(b)(2) of title 18, United tleman from Texas (Mr. POE) each will the court may order that such protective States Code, is amended by inserting after control 20 minutes. order expires on the later of 3 years after the ‘‘but if’’ the following: ‘‘any visual depiction The Chair recognizes the gentleman date of issuance or the date of the eighteenth involved in the offense involved a prepubes- from Virginia. birthday of that minor victim or witness’’; cent minor or a minor who had not attained and 12 years of age, such person shall be fined GENERAL LEAVE (2) by striking subsection (c) and inserting under this title and imprisoned for not more Mr. SCOTT of Virginia. Madam the following: than 20 years, or if’’. Speaker, I ask unanimous consent that

VerDate Mar 15 2010 06:28 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00110 Fmt 4634 Sfmt 0634 E:\CR\FM\A21DE7.094 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 21, 2010 CONGRESSIONAL RECORD — HOUSE H8897 all Members have 5 legislative days to of the bill, and I urge my colleagues to and social service providers to properly revise and extend their remarks and in- support the bill. identify and care for minor trafficking clude extraneous material on the bill I reserve the balance of my time. victims. under consideration. Mr. POE of Texas. Madam Speaker, I When this legislation passed the Sen- The SPEAKER pro tempore. Is there yield myself as much time as I may ate, important amendments were added objection to the request of the gen- consume. to strengthen the ability of law en- tleman from Virginia? Today the House considers this im- forcement officials to further prevent There was no objection. portant bill, S. 2925, the Domestic the sexual exploitation of children. Un- Mr. SCOTT of Virginia. I yield myself Minor Sex Trafficking Deterrence and fortunately, a number of these amend- such time as I may consume. Victims Support Act of 2010. The bill ments were stripped before the bill was Madam Speaker, the primary purpose was introduced by Senator RON WYDEN brought to the House floor. I disagree of this bill is to provide, for the first of Oregon and was recently amended with that approach. We need tougher time, specific programs to assist chil- and passed in the Senate by unanimous laws, not weaker laws, to apprehend, dren who are victims of the brutal and consent. We had a similar bill intro- convict, and incarcerate traffickers devastating scourge of domestic child duced in the House this year by my and those who buy young girls for sex. sex trafficking in this country. friends Mr. SMITH from New Jersey and This bill is a good first start toward S. 2925 authorizes grants to appro- Mrs. MALONEY from New York. I would building our capacity to care for the priate victims services entities to cre- like to thank them both for their lead- victims of domestic minor sex traf- ate comprehensive victim-centered ap- ership on this important issue. ficking. Not one more American child, proaches to address the sex trafficking Domestic minor sex trafficking is of minors. In particular, this legisla- not one more kid should be allowed to modern-day slavery and a scourge on wander our streets with their inno- tion allows funds under the Byrne and our society. According to Shared Hope JAG Grant Programs to be used to pro- cence for sale. International, at least 100,000 minor I reserve the balance of my time. vide education, training, deterrence, children are used in prostitution every and prevention programs related to sex Mr. SCOTT of Virginia. Madam year in just the United States. Some Speaker, I yield 4 minutes to the gen- trafficking of minors. It also provides sources estimate the number of minors funding to implement the improve- tlelady from New York (Mrs. may be as high as 300,000, though the ments in the National Crime Informa- MALONEY), who has been working hard actual number is difficult to really tion Center. In addition, this legisla- on this bill and has been a leader in track. Girls as young as 11 years of age tion strengthens laws aimed at appre- making sure this bill continues and has are sold on Internet Web sites, ex- hending and punishing domestic traf- been very instrumental in making sure ploited by men for their youth and by fickers, while also improving the abil- it saw the floor today. gangs for their quote, ‘‘reusable quali- ity of law enforcement and other enti- Mrs. MALONEY. I thank the gen- ties.’’ These traffickers and the cus- ties to find, rescue, and assist child vic- tleman for his kind statement and tomers who buy them are the filth of tims. yielding to me. Importantly, S. 2925 also encourages humanity. Madam Speaker, I rise in strong sup- States to treat minor victims of sex In my other life, I was a judge in port of S. 2925, the Senate companion trafficking as crime victims rather Texas, and a former Texas Ranger told to my bill in the House, H.R. 5575, the than as criminal defendants or juvenile me, ‘‘Judge, when you find one of these Domestic Minor Sex Trafficking Deter- delinquents. We have made steady traffickers in court, just get a rope.’’ rence and Victims Support Act of 2010, progress in recent years in addressing Not that we’d do that, but this is how a bipartisan bill I introduced with Rep- international sex trafficking of minors, bad this crime is affecting our commu- resentative CHRIS SMITH and have as well as adults, under the Trafficking nities. worked on with JACKIE SPEIER and Victims Protection Act, which passed In my hometown of Houston, Texas, Chairman BOBBY SCOTT and others. we have a Human Trafficking Rescue Congress in 2000 on a strong bipartisan b 1710 basis. It was most recently reauthor- Alliance. It’s one of 42 in the Nation. I am grateful to Senator WYDEN ized by the William Wilberforce Traf- Texas is a tier 1 trafficking State, and for ficking Victims Protection Reauthor- Houston, unfortunately, is a hub for his leadership on this extremely impor- ization Act of 2008, which I was pleased human trafficking. This means that tant and devastating issue that is to help develop and shepherd through the Rescue Alliance is on the front found right here in our own backyards, the House. lines of the war against trafficking. and to Chairman BOBBY SCOTT for his We have worked for some time They are doing all they can to combat strong support and a record of action through legislation and other efforts, trafficking in Texas and other States. on this issue. I thank him for holding a such as the Congressional Caucus on But I hear from them over and over hearing on this bill, having numerous Sex Trafficking, which I cochair with again they just need more resources to meetings, and for his vital input into the gentlelady from New York (Mrs. care for the victims of domestic minor the bill. MALONEY), the gentleman from New sex trafficking. What we do today will impact the Jersey (Mr. SMITH), and the gentlelady Too often in our system, crime vic- thousands of girls who have been from Texas (Ms. GRANGER), to bring tims, those women, those young girls duped, kidnapped, drugged, and forced more attention to the need to better who are sold into slavery, are treated into selling their young bodies for sex. address the issue of domestic sex traf- like criminals. They are not criminals. It is truly a national tragedy. Too ficking, particularly trafficking of mi- They are victims of crime. And it’s many people believe that child sex nors. Unfortunately, we have encoun- time we, as a community, treat them trafficking is a problem that exists tered barriers to having it recognized as victims, not criminals. only in foreign countries, but experts that these children are victims in the Senator WYDEN’s bill, S. 2925, ad- estimate that a minimum of 100,000 domestic sex trade and not criminals. dresses the problem by authorizing the children in the United States, most of Now, under the leadership of the Sen- Department of Justice, in working whom are American citizens, are ex- ator from Oregon, Senator WYDEN, and with the Department of Health and ploited through commercial sex traf- House Members of the Congressional Human Services, to award grants to or- ficking every year. The National Cen- Caucus on Sex Trafficking, this is fi- ganizations in six regionally diverse lo- ter For Missing and Exploited Children nally changing. We finally have legisla- cations that provide services for child estimates that there are as many as tion before us that not only recognizes sex trafficking victims. Such services 300,000 to 400,000 missing children and that children caught up in domestic may include temporary and long-term that most of them are in this terrible sex trafficking are victims, but also ad- placement of victims, as well as 24- sex trade. dresses the unique needs of these child hour emergency services. The funding Although it is hard to believe, the av- victims in being rescued and helping may also be used to provide mental erage age of first exploitation is 12 to them pursuing a productive life. health counseling. Most importantly, 13 years old. In the years I have worked We are amending the Senate bill to funding may be used for specialized on this issue, the age keeps getting remove certain nonessential elements training for law enforcement officials younger and younger and younger for

VerDate Mar 15 2010 06:28 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00111 Fmt 4634 Sfmt 0634 E:\CR\FM\K21DE7.118 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8898 CONGRESSIONAL RECORD — HOUSE December 21, 2010 these children. These are our daugh- New Jersey (Mr. SMITH), who has been beefs up reporting requirements so that ters, their schoolmates, and their instrumental in this legislation. missing children are immediately en- friends. Mr. SMITH of New Jersey. I thank tered into the national missing chil- As founder and cochair of the Human my good friend Judge POE for yielding, dren’s database, the latter so that law Trafficking Caucus, I have been work- and I rise in very strong support of the enforcement finds a missing girl before ing for years to end the slavery of the legislation. I want to thank Chairman the pimps do. 21st century, the trade in human lives SCOTT and CAROLYN MALONEY, with Madam Speaker, this is a good bill, it for sex. Human trafficking is a $10 bil- whom I have worked very closely on is a bipartisan bill, and will very tan- lion industry worldwide. It is the third- the House companion bill. gibly assist our young runaways who largest organized crime ring in history, I will say at the outset, Madam sadly are so cruelly exploited by preceded only by drugs and guns. But Speaker, as the prime sponsor of the human traffickers. unlike drugs and guns, which can be historic law to combat human traf- As prime sponsor of the historic law to com- sold only once, the human body can be ficking known as the Trafficking Vic- bat human trafficking—the Trafficking Victims sold over and over again, and, sadly, a tims Protection Act of 2000, and as a Protection Act of 2000—and as a Member of young girl of 12 or 13 is at even greater Member of Congress who has devoted Congress who has devoted more than 15 risk of being sold for a much longer pe- more than 15 years seeking to prevent years seeking to prevent trafficking, protect riod of time, usually until they die. trafficking, protect victims from ex- victims from exploitation and abuse and pros- Despite the need, a Congressional Re- ploitation and abuse, and prosecute ecute those who enslave up to life imprison- search Service report that I requested those who enslave with up to life im- ment, I rise in strong support of S. 2925. found that funding for specialized serv- prisonment, I am happy to say that in Human Trafficking—modern day slavery—is ices and support for these young girls, many of our States, laws have been the third most lucrative criminal activity in the these victims of domestic minor sex passed that closely mirror the TVPA so world. The ILO estimates illicit profits of over trafficking, are very, very limited or that they too now have powerful weap- $31 billion a year. nonexistent. Throughout the country, ons and tools to use against those who Under both presidents Bush and Obama, organizations helping them collec- would so cruelly mistreat others domestic task forces to combat human traf- tively have fewer than 100 beds to ad- through trafficking. ficking have been established in over 40 cities. dress the needs of an estimated 100,000 Just by way of definition, you are Almost 900 American children have been res- young children each year. This is sim- considered a trafficking victim if you cued and much thanks is owed to the FBI, ply unacceptable. This bill responds to have not yet attained the age of 18 and state police, and local law enforcement. the problem and gives law enforcement have been sold for commercial sexual Still, much more needs to be done. The Na- the tools to investigate and prosecute exploitation or for labor trafficking, or tional Center for Missing and Exploited Chil- sex traffickers who exploit underage if you are 18 or over and there is an ele- dren and Shared Hope International believe girls and force them into the sex trade. ment of force, fraud, or coercion. So I that at least 100,000 American children, per- A pimp selling just four children can do rise in strong support of this bill haps tens of thousands more, mostly runaway earn over $600,000 a year. The risks are which takes us even further, S. 2925. girls of the average age of 13 years old, are low and the gain is high. We live in a Madam Speaker, human trafficking, exploited in the commercial sex industry each country where a person is more likely or modern day slavery, is the third year. to serve time for selling marijuana most lucrative criminal activity in the S. 2925 seeks to address the lack of shel- than selling a 14-year-old girl. This bill world. The ILO estimates illicit profits ter—the lack of safe place to go—for domestic will change that and treat these young gleaned each and every year as some- trafficking victims. One estimate is that there women as crime victims, not as crimi- thing on the order of $31 billion. Under are between 50 and 100 beds for victims of nals. It will create a six-State pilot both Presidents Bush and Obama, do- domestic trafficking. program to help law enforcement crack mestic task forces to combat human As highly vulnerable victims, private deten- down on pimps and traffickers, create trafficking have been established in tion or some other type of incarceration fails to shelters, and provide treatment, coun- over 40 cities, almost 900 American recognize these young girls as cruelly ex- seling, and legal aid for the underage children have been rescued, and much ploited victims desperately in need of help. girls that are forced into sexual slav- thanks is owed to the FBI, State po- The legislation authorizes 6 pilot grants of ery. lice, and local law enforcement. $2–2.5 million in order to provide safe havens Importantly, the legislation will Still, Madam Speaker, much more and psychological care to address trauma. strengthen deterrence and prevention needs to be done. The National Center The legislation also provides for law en- programs aimed at potential buyers. For Missing and Exploited Children be- forcement training and keys up reporting re- The SPEAKER pro tempore. The lieves that at least 100,000 American quirements so that missing children are imme- time of the gentlewoman has expired. children, perhaps tens of thousands diately entered into the national missing chil- Mr. SCOTT of Virginia. I yield an ad- more, some estimates put it as high as dren database—the latter so that law enforce- ditional minute. 300,000, mostly runaway girls, average ment finds a missing girl before the pimps do. Mrs. MALONEY of New York. This age 13, are exploited in the commercial Madam Speaker, my distinguished col- bill cracks down on sex trafficking by sex industry each year. league CAROLYN MALONEY and I crafted the focusing on the demand side, the users. S. 2925 seeks to address the lack of House version of the pending bill in a way that The bill will be considered a model to shelter, the lack of a safe place to go absolutely precluded the use of funds author- help rescue the hundreds of thousands for domestic trafficking victims. As ized by the bill from being used to subsidize of under-aged girls believed to be CAROLYN MALONEY said a moment ago, the killing of the child in the womb by abortion. forced into the sex trade in America. estimates may be as few as 100 beds— S. 2925 as amended includes the identical With this bill, we renew our promise some put it at 50—and that is uncon- language. of the 13th Amendment to the Con- scionable. The Gentlelady from New York and I have stitution and redouble our efforts in As highly vulnerable victims, juve- deep differences on abortion, but worked in a the fight against human trafficking, nile detention or some type of incar- spirit of cooperation and resolve in order to the 21st century form of slavery. We ceration just doesn’t meet the need. tangibly assist domestic victims of trafficking. set up a new standard to combat the These girls require a place, a safe Mr. SCOTT of Virginia. Madam sex trafficking of children in the U.S., haven, a place where they can go where Speaker, I yield such time as he may and we accept our moral obligation to they will be helped to deal with the consume to the gentleman from Vir- help the neglected victims of this hor- huge trauma that they have experi- ginia (Mr. MORAN), a very strong sup- rible crime and crack down on their enced. porter of the legislation and one who abusers. The legislation authorizes six pilot represents a shelter in his district that We must not let our children suffer grants of between $2.2 million to $2.5 he is a strong supporter of. any more. I urge my colleagues to vote million each in order to provide safe Mr. MORAN of Virginia. Madam unanimously for this bill. havens and psychological care to ad- Speaker, I thank my very good friend Mr. POE of Texas. Madam Speaker, I dress trauma. The legislation also pro- and extraordinary leader on the Judici- yield 4 minutes to the gentleman from vides law enforcement training and ary Committee, Congressman BOBBY

VerDate Mar 15 2010 06:28 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00112 Fmt 4634 Sfmt 0634 E:\CR\FM\K21DE7.121 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 21, 2010 CONGRESSIONAL RECORD — HOUSE H8899 SCOTT. I appreciate your principle, model programs. And then what will lished is this: these young women, Congressman SCOTT, and I am not sur- happen is other communities realize these girls are victims. They get prised of your strong backing, nor am I the need. Some parents will start to caught up in arrests for prostitution of the fact that CAROLYN MALONEY and speak up. And, most importantly, the and the system looks at them as crimi- CHRIS SMITH authored this. victims will be empowered and secure nals. Yet you look at almost every sin- This bill is clearly bipartisan. There enough to speak up themselves. They gle one of them and they are victims. is really no reason to oppose this and are leading this effort. And we don’t do much about it. every reason for this entire Congress to We have a shelter called Courtney’s Oftentimes, when these young girls get behind it. House. A young adolescent victim of are able to escape from their imprison- You know, the horrible situation sex trafficking, she named it after her ment because law enforcement inter- we’re addressing could happen to any- daughter. It’s her life’s work now. venes, they’re let out on the streets one, really, anyone that has a family. We’ve got to do this. It’s the right shortly thereafter with nowhere to go. We are talking about adolescent girls, thing. No good reason to oppose it. And And what happens? The pimps start girls who are growing up. Sometimes I appreciate the fact that it’s bipar- coming around again. And guess what? they have a challenging family envi- tisan. This should be one of the last They’re the only one that gives them ronment, but oftentimes it is simply bills this Congress passes because, some perverted idea of love, affection, the challenge of being an adolescent, hopefully, it will be something we can and commitment. This evil allows the lots of emotional issues and all. So all be very proud of. perversion such that these young girls sometimes they will run away, trying Mr. POE of Texas. Madam Speaker, I have no other place to look. to prove something to their parents or yield 4 minutes to the gentleman from We have got to do something about whatever. California (Mr. DANIEL E. LUNGREN), this. We’re beginning to do something Oftentimes they go to a shopping the former Attorney General of Cali- in California and in Sacramento. We’re mall. The mall closes down. They are fornia. beginning to do it in other areas of the afraid to go back right away to their Mr. DANIEL E. LUNGREN of Cali- country. We have to do it as a Nation parents. A predator starts circling the fornia. We rarely speak on this floor of even more than we have done it before mall, an older guy, somebody that sug- evil. Most of the issues we talk about because, as I say, these pimps don’t gests they will get them food or what- are areas of controversy where you can recognize boundaries. They certainly ever, find them a place to stay, and have men and women of good will with don’t recognize laws. They recognize they trust them. areas of disagreement. And in our soci- one thing and that is the vulnerability b 1720 ety we shun the idea of talking about of these young girls. We have got to do something; and in Oftentimes that little girl is raped, evil because it sounds judgmental. This is one example where evil this Christmas season, we can do noth- given drugs, and then she’s threatened ing better than to give this great gift that what has happened to her is going reigns. This is an example of one of the worst kinds of evil in our society today of a start towards helping communities to be exposed to her parents or to her understand the nature of the problem, peers. She’s scared to death, and so because this affects the most vulnerable among us, and it is a population begin to allow us to refuse to avert our she’s afraid to break away. eyes to what’s happening in our own In every one of these sex trafficking that is largely hidden from view, in some cases because we avert our eyes. areas, and allow us to support this leg- cases, this is about a form of slavery islation which will help move us in the where the victim wants to escape and In other cases because we just don’t spend the time to know. right direction. has nowhere to go. Unfortunately, as Mr. SCOTT of Virginia. Madam much as the need is enormous, as Mrs. The problem of domestic sex trafficking of minors is one that plagues Speaker, I yield 3 minutes to the young MALONEY and Mr. SMITH said, 100,000— lady who has worked hard on this legis- virtually every community in America. maybe it’s 300,000—of these young girls, lation, along with many others, the That’s the surprise for many people. we have only a hundred shelter beds. gentlewoman from California (Ms. They say, Not here, somewhere else. Far too few of them. Most municipali- SPEIER). ties, particularly today, don’t have the New York City. The big cities. But it’s Ms. SPEIER. Thank you, Mr. Chair- money. But there’s also a whole lot of a problem that knows no jurisdictional man, for calling me young and for your zoning issues and political reaction, boundaries, as traffickers and pimps able leadership on this issue. NIMBYism. A neighborhood will say, seem to cross national and inter- A special recognition must be offered Well, this is very important, just not in national borders with impunity. It is a to Congresswoman MALONEY for her ef- my neighborhood. But there’s another problem which exploits the young and fort in bringing this to our attention. neighborhood, for sure. vulnerable and robs them of their inno- And I’m very proud to be associated But a hundred beds is all we’ve got. cence, and it is a problem that we can with my colleagues on both sides of the We’re not going to get more unless the do something about. aisle who have come together in a true Federal Government takes the initia- Believe it or not, many of my con- bipartisan effort here, because I think tive, provides the funding. And this is stituents, many in the general Sac- we recognize that this is a travesty. tough. Initially, they have to put up a ramento region, would be surprised to To speak about 300,000 youngsters in quarter of the cost. Then it’s 40 per- know that we hold the unfortunate dis- this country, girls and boys—mostly cent. By the third year, they have to tinction of having one of the highest girls, but girls and boys—who are find 50 percent of the funding. And by incidences of domestic minor sex traf- caught up in sex slavery is an abomina- the fourth year, when these girls are ficking in the Nation, at least accord- tion. And while this is a great first dependent upon the shelter, they have ing to the FBI when they did their step—and I applaud it and embrace it to find all other funding. So this is no stings just a year or so ago. One of the and support it—it is a mere $45 million handout. This is just a kick-start to reasons could be that we’re at the and six projects throughout the coun- get communities to do something intersection of major thoroughfares try. And we’ve all admitted that we’re that’s terribly important. that go north and south and come east talking about hundreds of thousands of I know Mr. SMITH particularly knows and west. That might be a comforting young people impacted. all the sex trafficking that goes on thought to others to think it’s coming So I hope as part of this effort today around the world. We’re appalled at from somewhere else, but we find that we are going to redouble our efforts Cambodia and Thailand and Russia and most of the people come from our own and expand this program. Because I, say, Well, how can this happen? And region and most of them are victims. like so many of you, have spoken to yet it’s pervasive within our own soci- We have a courageous police chief local DAs, have spoken to local U.S. ety. We would rather look the other just outside my district in the commu- Attorneys, have spoken to the FBI, way, not knowing about it; but it’s nity of Truckee, right near Lake have gone on ride-alongs in Oakland, there. And we’ve got to do something Tahoe, Police Chief Nick Sensley. He’s and have witnessed firsthand what is about it. one of the experts in the world on this. going on. I’ve gone to Courtney’s This bill does something about it. It And one of the things he always House. I’ve gone to many of the shel- establishes a foundation. It will create stresses in the programs he’s estab- ters and I’ve talked to the victims.

VerDate Mar 15 2010 06:28 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00113 Fmt 4634 Sfmt 0634 E:\CR\FM\K21DE7.126 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8900 CONGRESSIONAL RECORD — HOUSE December 21, 2010 And I want to share just one story think there could be no better initia- Mr. POE of Texas. I yield myself such about one victim here in Washington, tive to come in these last hours than time as I may consume. D.C., age of 16, who got caught up in this legislation. I do want to thank the gentlelady this sex trafficking because she wanted I want to pay tribute to some of the from New York (Mrs. MALONEY) and to leave home and saw this as a way to individuals who are on the ground, if the gentleman from New Jersey (Mr. make a new life because this young you will, who we don’t hear of quite SMITH), who are both sitting here to- man took her to McDonald’s and frequently. gether to show their support for this bought her lunch and then wanted to The sheriff in Harris County, Adrian bipartisan legislation. be her boyfriend. And then they needed Garcia, recognizes the devastation of I believe that important, good legis- money so, of course, she needed to sell human trafficking, has set up a task lation passes this House when it is bi- herself. And I asked her, How many force, which we are working with, and partisan, and nothing could be more times a day were you forced to have has attempted to make sure that he important than trying to protect the sex? And she said between 10 and 15 has the funding to stop the tide of greatest resource we have in our com- times a day before she finally was able those who call themselves ‘‘pimps’’ but munity, which is those young children to run away. who project themselves as boyfriends who live among us. This legislation is This is horrific. And it’s time for us and friends and counselors and nur- important for a whole lot of reasons. to do much more than fund six projects turers, who take these young girls in— It is ironic, Madam Speaker, that in across this country for $45 million. A some girls that you never ever find international sex trafficking, if we good step—and I embrace it. But, Mem- again. have that situation in the United bers, we have to do much more. I want to pay tribute as well to the States where, say, a young girl is traf- Children at Risk, another Houston- ficked into the United States from b 1730 based organization that acknowledged Honduras, and she is rescued by law en- Mr. POE of Texas. I reserve the bal- and wrote a report on human traf- forcement, she is treated like a victim ance of my time. ficking that occurs in our locale. It is of crime because she is an inter- Mr. SCOTT of Virginia. Madam important to know that these various national individual. If the same situa- Speaker, I yield 4 minutes to the gen- organizations really had to be self- tion occurs where an American citizen, tlewoman from Texas (Ms. JACKSON starters because, as they began to talk a young girl, is trafficked from Sac- LEE). about human trafficking, no one else ramento to Houston and she is rescued Ms. JACKSON LEE of Texas. Let me was, and you were in a city by yourself. in Houston, she is not treated as a vic- thank the gentleman on the Crime Why are you talking about human tim of crime; she is generally treated Subcommittee. I think it is appro- trafficking? Isn’t that global or inter- as a criminal. That especially is true in priate at this time to thank him for his national or something far away from places like Texas, where domestic traf- leadership as chairman, as I have had here? ficking victims are treated as crimi- the privilege of serving with him. I I want to pay tribute to Kathryn nals. think we have had and accepted some Griffin, who has an organization that Not to blame law enforcement, but of the most provocative and innovative might have a provocative name—We’ve they don’t know what to do with these bills that really changed the lives of Been There Done That. She is dealing young girls. There is no place to put human beings, and I thank him very with not only this broad question of them. There is no place to take them. much for his service. human trafficking but of prostitutes So they file charges on them for pros- Let me applaud as well Congress- who come in all ages who are attempt- titution, minors committing prostitu- woman MALONEY, Congressman SMITH, ing to rehabilitate themselves. She has tion, so they can protect them by lock- and my colleague from Texas. established a home, and she is trying ing them up. That is why many times Madam Speaker, slavery is alive, and to counter the ridiculousness of 100 they file charges. However, though, I rise to support the underlying bill beds existing for these young girls who they are not criminals. They are vic- dealing with domestic trafficking and find themselves in these conditions. tims of criminal conduct. Once she has to thank the Senate for getting this So, Madam Speaker, I started out by that label of prostitute, even though over in the hours within which we have saying that slavery does exist. I, frank- she is a minor, we all know because of to function to make sure that we move ly, believe that one of the aspects of public records nowadays that that this legislation forward. this bill is to be able to go after the sticks with that young girl forever no Houston is particularly an epicenter, service builders, if you will—the pimps, matter how it turns out in that crimi- if you will, for this kind of activity. the users—and to be able to ensure that nal case. Being not so far away from the border, there is a place for someone to go. So we have to change the mindset in we have seen the increase of human The SPEAKER pro tempore. The this country to make sure that we un- trafficking and smuggling grow expo- time of the gentlewoman has expired. derstand when a victim—a young girl— nentially, and certainly, we all are fa- Mr. SCOTT of Virginia. Madam is put in that situation because of her miliar with the tragedy that happened Speaker, how much time do I have re- environment or whatever and is forced in Victoria just a few years ago where maining? into modern day slavery, that we treat we saw the loss of human lives that The SPEAKER pro tempore. The gen- her as a victim of crime, and when she were being trafficked. So we know tleman from Virginia has 11⁄2 minutes is rescued by law enforcement, that she there is a constant, steady flow of indi- remaining. is rescued and not put into the crimi- viduals who are coming, but this is the Mr. SCOTT of Virginia. I yield 1 nal justice system. This bill moves us most dastardly and heinous aspect of minute to the gentlewoman from in that direction, and it is important it. I am glad my colleagues have al- Texas. that we continue to understand that. ready indicated that this is a domestic Ms. JACKSON LEE of Texas. This is This is a hard situation. For the problem, that even though we can go to to proclaim that we will not suffer this young girls who find themselves in Bangladesh and we can go to parts of and tolerate this. that position—who go into prostitution Africa and other parts of South Asia, As my colleague from Texas indi- because of being forced to do so—once we find human trafficking right here in cated, we may want to be tier 1 in edu- they are rescued, they are difficult to our backyard. cation, but we are not trying to be tier deal with. They have a hard time com- I remember our former colleague 1 in modern slavery, human suffering, ing back into a normal society because Hilda Solis, now the Secretary of and human smuggling. Therefore, they are beat down emotionally and Labor, mentioning the loss of lives of enough is enough. they are beat down physically. So it is women on the Mexican-U.S. border who I look forward to this bill being difficult to deal with them, and it is would just simply disappear. Some of signed by the President. I look forward not easy to bring them back. But just them were prostitutes; some of them to our bringing relief and acknowl- because it is hard, it is no reason we young girls; and to this day, lives and/ edging that slavery is here but that we shouldn’t be involved in helping the or those girls are still missing. So the are ready to stamp it out to save the youth of our community and in making stories go on and on and on. Frankly, I lives of these young girls. sure that we rescue them one at a

VerDate Mar 15 2010 07:12 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00114 Fmt 4634 Sfmt 0634 E:\CR\FM\K21DE7.124 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 21, 2010 CONGRESSIONAL RECORD — HOUSE H8901 time. It is no reason we shouldn’t take mestic Minor Sex Trafficking Deterrence and trafficked in the U.S., including the role that whatever funds are necessary to make Victims Support Act, that will put an end to the Internet plays, and the challenges that sure that we treat them with the dig- such acts. these cases pose to law enforcement. It is my nity that they deserve. During the Congressional Black Caucus’ An- hope that the passage of S. 2925 will make Then, on the other end, when we cap- nual Legislative Conference, which took place way for implementation of prevention methods ture that trafficker, that individual this past September at the Washington Con- that will help law enforcement place an effec- who makes money—that filthy lucre— vention Center, I held an issue forum to bring tive road block on this horrendous practice. from transporting a child from one attention to issues plaguing our Nation’s chil- Furthermore, the Domestic Minor Sex Traf- part of the United States to another, dren—missing children who are exploited in ficking Deterrence and Victims Support Act we treat him as he deserves, and he the commercial sex trade. In this forum, we addresses the unique needs of those who gets justice at the courthouse. brought together a number of professionals have been victimized by sex trafficking. As Then the customers who buy those and experts to bring light to this issue and, mentioned before, many of the children who children for sexual favors, we treat more importantly, determine best practices for end up as victims of this practice enter into those people with justice. They get jus- deterring such behavior in order to put an end the world of minor sex trafficking with scars, tice whether they want it or not, and to these horrid practices. Many of the methods and leave with even more. They come from we hold them accountable for the ways and practices highlighted in that forum are broken homes, are victims of abuse, assault, they have treated the youth of this Na- present in S. 2925; yet another reason why I and may suffer from emotional problems. Pas- tion. so fervently support this bill. sage of S. 2925 will provide support for vic- Hearing the statistics about the exploitation tims of minor sex trafficking and help to reha- b 1740 of children will make you cringe, as they are bilitate survivors so that they may re-enter so- So we have a long way to go; but this especially disturbing. Nationally, 450,000 chil- ciety successfully. is a start, recognizing that those young dren run away from home each year. One out Again, I would like to reirecate, my strong support for S. 2925, the Domestic Minor Sex girls, mainly young girls, are victims of every three teens on the street will be lured Trafficking Deterrence and Victims Support of crime. toward prostitution within 48 hours of leaving Act, for it is an important first step in address- I want to thank the sponsors of this home. Statistically, this means at least ing a problem that plagues our nation and the legislation. I, too, want to compliment 150,000 children are lured into prostitution world. those in the Houston area and the Res- each year. The National Center for Missing cue Alliance, the Children At Risk, a I yield back the balance of my time. and Exploited Children (NCMEC) data shows The SPEAKER pro tempore. The nongovernment agency that’s doing ev- 100,000 to 293,000 children have become question is on the motion offered by erything they can to rescue those chil- sexual commodities. Twelve is the average the gentleman from Virginia (Mr. dren; Sheriff Adrian Garcia, Constable age of entry into pornography and prostitution SCOTT) that the House suspend the Ron Hickman, all working together to in the U.S. This is a universal problem—these rules and pass the bill, S. 2925, as stop this epidemic that is consistently children can come from any race, ethnic amended. growing in this country. group, or religious background, and all socio- The question was taken; and (two- And I can agree that there’s no more economic classes. thirds being in the affirmative) the important legislation that we could The common denominator amongst these rules were suspended and the bill, as pass than legislation this time of year children is their vulnerability. Many of these amended, was passed. to take care of our greatest natural re- children have been emotionally bruised as a A motion to reconsider was laid on source: young children. result of abuse—sexual assault and/or familial the table. I yield back the balance of my time. molestation. Many children vulnerable to do- f Mr. SCOTT of Virginia. Madam mestic minor sex trafficking are homeless, run- CONTINUING APPROPRIATIONS Speaker, I want to thank the gen- aways, throwaways, and youth who have AND SURFACE TRANSPORTATION tleman from Texas for his statement; ended up in the foster care system and child EXTENSIONS ACT, 2011 again, thank the gentleman from New protective services. Jersey and the gentlelady from New Of the 2.8 million children living on the Mr. POLIS. Madam Speaker, by di- York for their hard work on this bill. streets, which alone is an appalling statistic, rection of the Committee on Rules, I Many children in the future will ben- over a third of them are lured into prostitution call up House Resolution 1782 and ask efit from the work of these two individ- as a way to support themselves financially. for its immediate consideration. uals and the House of Representatives Others are recruited through forced abduction The Clerk read the resolution, as fol- and U.S. Senate. or deceptive agreements between parents and lows: With that, Madam Speaker, I urge traffickers. These children are often shipped H. RES. 1782 my colleagues to support the bill. off to different locations and isolated from fam- Resolved, That upon adoption of this reso- Ms. JACKSON LEE of Texas. Madam lution, it shall be in order to take from the ily and peers, left to rely on a system of pimp- Speaker’s table the bill (H.R. 3082) making Speaker, I rise today in strong support of S. controlled sexual exploitation—escort and appropriations for military construction, the 2925, the ‘‘Domestic Minor Sex Trafficking and massage services, private dancing, porno- Department of Veterans Affairs, and related Deterrence and Victims Support Act of 2010.’’ graphic clubs, just to name a few. agencies for the fiscal year ending Sep- This bill calls for funds awarded under the Ed- The fact that we live in a virtual world now tember 30, 2010, and for other purposes, with ward Byrne Memorial Justice Assistance Grant has had a major impact on how domestic the Senate amendment to the House amend- Program to be used to provide education, minor commercial sex trafficking takes place. ment to the Senate amendment thereto, and training, deterrence, and prevention programs The Internet has completely changed the dy- to consider in the House, without interven- relating to sex trafficking of minors. It also tion of any point of order except those aris- namics of prostitution and trafficking, making it ing under clause 10 of rule XXI, a motion of- calls for states to treat minor victims of sex easier for prostitutes and traffickers to connect fered by the chair of the Committee on Ap- trafficking as crime victims rather than as with clients without too many layers of inter- propriations or his designee that the House criminal defendants or juvenile delinquents. mediaries. As a result, the Internet has be- concur in the Senate amendment to the States should adopt and amend laws that pro- come an intermediary, often without the knowl- House amendment to the Senate amend- tect minors who are victims of sex trafficking, edge of those Internet service providers (ISPs) ment. The Senate amendment and the mo- and make such minors eligible for compensa- who are the conduits. Increasingly, certain tion shall be considered as read. The motion tion. Furthermore, S. 2925 calls for consistent shall be debatable for one hour equally di- Web sites and online marketplaces have been vided and controlled by the chair and rank- law enforcement to be used to deter demands bearing the brunt of much criticism for pro- ing minority member of the Committee on for commercial sex with sex trafficking victims. viding a medium for online minor sex traf- Appropriations. The previous question shall The issues associated with the exploitation ficking. be considered as ordered on the motion to of children here in the U.S., and all over, are The Domestic Minor Sex Trafficking Deter- final adoption without intervening motion. ones that I am very passionate about. The fact rence and Victims Support Act allows us to The SPEAKER pro tempore. The gen- that children are recruited, harbored, trans- take the necessary actions to combat this new tleman from Colorado is recognized for ported, provided, or obtained for the purpose tech-savvy generation of prostitution and 1 hour. of a commercial sex act is appalling and I be- minor sex trafficking. As a senior member of Mr. POLIS. Madam Speaker, for the lieve we should thrust our efforts behind the House Judiciary Committee, I have had purposes of debate only, I yield the cus- meaningful policies and laws, such as the Do- the opportunity to examine how children are tomary 30 minutes to the gentleman

VerDate Mar 15 2010 06:28 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00115 Fmt 4634 Sfmt 0634 E:\CR\FM\K21DE7.134 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8902 CONGRESSIONAL RECORD — HOUSE December 21, 2010 from Texas (Mr. SESSIONS), my col- We have 4 days until the Christmas cilities that are high levels of risk for league on the Rules Committee. All holiday, and we are just weeks away terrorist attacks, this CR also main- time yielded during consideration of from the end of the year. I can’t think tains the additional $23 million in fund- the rule is for debate only. of anything that we would do to under- ing for the Department of the Inte- GENERAL LEAVE mine the work that this Congress has rior’s new Bureau of Ocean Energy Mr. POLIS. I ask unanimous consent done these last 2 years through a shut- Management. Madam Speaker, this is that all Members be given 5 legislative down of the Federal Government. The the program that monitors offshore oil days in which to revise and extend uncertainty that a failure to pass this rigs. In light of the disaster we all wit- their remarks on House Resolution rule would lead to is the last thing our nessed unfold this summer in the Gulf 1782. Nation’s retailers or economy need, let of Mexico, can we all imagine what The SPEAKER pro tempore. Is there alone the millions of Americans who would happen if we let down our watch objection to the request of the gen- depend on critical services of our Fed- now? tleman from Colorado? eral Government. These funds are critical to ensure There was no objection. Let me give an example, Madam that tragedies like the Deepwater Hori- Mr. POLIS. I yield myself such time Speaker. The next few days are zon spill are not repeated. These funds as I might consume. amongst the busiest travel times of the allow existing rigs to continue oper- Madam Speaker, House Resolution year. Is it wise to cut off at midnight ating in a manner that’s safe to work- 1782 provides for consideration of the tonight funding for our Federal air ers on the rigs and the environment. Senate amendment to the House marshals? This CR would allow the Interrupting these funds would be put- amendment to the Senate amendment Federal air marshals to maintain the ting offshore oil rig workers’ lives in to H.R. 3082. existing 2010 fourth-quarter coverage danger, the environment in danger, and The rule makes in order a motion of- levels for international and domestic our economy in danger with poten- fered by the chair of the Committee on flights. This funding allows for contin- tially devastating impact in Florida Appropriations, or his designee, for the ued air marshal training, including in- and Texas and the other gulf States. House to concur in the Senate amend- vestigative techniques, criminal ter- This continuing resolution also pro- ment to the House amendment to the rorist behavior recognition, firearms vides continued funding for important Senate amendment to H.R. 3082. proficiency. This funding allows the allies such as Israel, Egypt, and Jordan The rule provides 1 hour of debate Federal air marshals to fulfill their at fiscal year 2009 supplemental levels. equally divided and controlled by the mission of protecting air passengers By providing assistance and aid to our chair and ranking minority member of and crews. allies in the Middle East, we strength- the Committee on Appropriations. This funding is critical especially en our position and make a vital in- The rule waives all points of order during this peak holiday travel time. vestment in national security. against consideration of the motion, What a Christmas gift it would be, It also continues the rate of oper- except those arising under clause 10 of Madam Speaker, to all of the families ations for the Pakistan Counterinsur- rule XXI. across our country traveling to visit gency Capability Fund at $700 million. The rule provides that the Senate their loved ones if the airports are This section also continues the terms amendment shall be considered as read. closed, their flights indefinitely de- and conditions included in the 2009 and Madam Speaker, I rise today in sup- layed, Grandma’s visit over Christmas 2010 supplemental which helped build port of approving a continuing resolu- is canceled because Congress chose to and maintain the counterinsurgency tion to maintain a level and consistent be a grinch. Madam Speaker, it’s for capability of Pakistan under the same funding stream for our government. families across our country that we terms and conditions. It’s one of our primary constitutional must ensure that our airports and trav- b 1750 responsibilities as Members of Con- el remain open through this busy holi- gress to keep the Federal Government day season to allow people to visit Madam Speaker, this Christmas sea- running through the passage of appro- loved ones across this country. son is not a time to let down our global priations legislation. All money spent This CR would also allow the com- watch on the war on terror. We must by the Federal Government needs to be missioner of U.S. Customs and Border redouble our efforts, particularly with approved by this body, Madam Speak- Protection to maintain the levels of regard to assisting Pakistan with reer, right here in this Congress. Customs and Border Protection per- gard to their counterinsurgency efforts This continuing resolution will en- sonnel in place in the final quarter of to root out al Qaeda operatives within sure that all necessary and vital func- 2010. This would provide proper funding their borders. tions of government will continue un- to keep terrorists and their weapons This CR would also support vital pro- interrupted until March 4, 2011, instead out of the U.S., secure and facilitate grams that are important to the Amer- of grinding to a halt at midnight to- trade and travel, and enforce hundreds ican people. These programs include night. If we do not act now, the Federal of U.S. trade regulations, including im- Federal funding to levels 2007 before Government will shut down tonight at migration and drug laws. U.S. Customs the crisis for our national domestic pri- midnight, something that I hope no and Border Protection law enforcement orities. These funding levels would pro- one in our body desires. serve as America’s front line on our vide low-income home energy assist- The CR will fund the Federal Govern- Nation’s borders and ports of entry. It’s ance, Pell Grant assistance, and assist- ment at levels already approved by the important we maintain a consistent ing the processing of veterans’ benefits House in the FY 2010 appropriations level of personnel at our Nation’s bor- and supporting over $4.3 billion in re- bills, aside from a small number of pro- ders. duced fee loans for small businesses. grams that both parties in the Senate If we fail to pass this CR, Madam It is critical that we make sure that have agreed on that would otherwise Speaker, it would be a Christmas gift— families across America are able to expire or be severely disrupted. It is a it would be a Christmas gift to terror- enjoy their holidays free of airport clo- very straightforward measure, Madam ists and criminal cartels, because were sures and free of flight cancellations. Speaker, to keep the government run- we to let down our watch on our bor- So, too, must this body ensure that we ning and get us through the next few ders during this holiday season by in- don’t give a Christmas gift to the months and into the next Congress. terrupting these funds, we would be wrong people—the drug cartels and These are funding levels that we have jeopardizing the U.S. Customs and Bor- criminal terrorists that threaten our voted on multiple times. This language der Patrol’s ability to do their job and Nation’s security. is the result of bipartisan negotiations protect America. This funding will en- I reserve the balance of my time. in the Senate, and it’s my hope that able these officers to inspect our bor- Mr. SESSIONS. Madam Speaker, I my colleagues on the other side of the ders, process trade, combat terrorism, yield myself such time as I may con- aisle will work with us now to move and combat smuggling. sume. this important measure forward to pas- In addition to extending the existing Madam Speaker, it is my under- sage and avoid a government shut- authority for the Department of Home- standing from prior conversations with down. land Security to regulate chemical fa- the gentleman from Colorado (Mr.

VerDate Mar 15 2010 06:28 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00116 Fmt 4634 Sfmt 0634 E:\CR\FM\K21DE7.131 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 21, 2010 CONGRESSIONAL RECORD — HOUSE H8903 POLIS) that it would be his idea we ers, that is, take away from the train- is crucial that we continue to fund Government would take the minimum amount of ing of those experienced teachers? I agencies and programs without interruption. time, and I appreciate him yielding the would raise that concern. We must keep this Nation moving forward to- customary 30 minutes to me and trying Finally, I close by simply saying I ward progress. to work through the loads so we are view this as an important step, but I In recent days and months, unnecessary able to get home. am disappointed we had to go this partisan battles in both chambers have been I would like to inquire of the gen- route and we could not look to a ra- waged over expenditures included in appro- tleman if he has any further speakers tional response to the work that so priations measures. Partisan finger-pointing that he would anticipate at this time many of us have done. Some may call and squabbling have hindered the passage of on his side. them earmarks. I call them designa- appropriations bills and had a negative impact Mr. POLIS. I have one speaker. tions of funding in cooperation, col- on our economic recovery. This Continuing Mr. SESSIONS. I reserve the balance laboration with our executive. Resolution has suffered the same fate. I would of my time. The SPEAKER pro tempore. The like to remind all of my colleagues that appro- Mr. POLIS. I yield 3 minutes to the time of the gentlewoman has expired. priations are built-in by law to permit Members gentlewoman from Texas (Ms. JACKSON Mr. POLIS. I yield an additional 30 of Congress to identify and provide funding for LEE). seconds. useful and necessary projects in their districts. Ms. JACKSON LEE of Texas. Madam Ms. JACKSON LEE of Texas. It is a Specifically, in my home district of Houston, I Speaker, I thank the gentleman for his tragedy that, for example, a group that fought hard to include in the Continuing Reso- leadership, and I want to take this op- houses victims of human trafficking lution, a total of $175,595,558 in appropria- portunity to express on the floor of the will not be able to be responded to, or tions funding for fiscal year 2011. House my appreciation to Chairman a group that deals with those who are These projects create jobs, rebuild our infra- OBEY for his years of service. We have trying to rebuild their lives as ex-of- structure and benefit our districts, our States had opportunities to thank him person- fenders will not get funding and that and our country, as well. Though I rec- ally, but I wanted the RECORD to re- infrastructure projects will not get ommended funding for critical transportation flect that this may be his last CR, and funding. Let me remind my colleagues, and infrastructure projects in Houston, Texas, I don’t want to misspeak because I you don’t save money; you just hand it unfortunately this funding was excluded from know that he finds ways to do good so over to the executive and it finds its the Continuing Resolution. Though an oppor- we may see him again, but I do want to way in some other direction. tunity to improve our national economy was express my appreciation. And I also I am delighted we stand here today, lost, I will continue to fight for the funding of want to recognize his partner, the continue to have the government work, such useful, necessary and economically pro- ranking member, Mr. LEWIS, as well. and I appreciate the great work that ductive projects in Houston and support the I want to acknowledge that this is was done for the CR. funding of these types of projects nationwide. something we have to do to keep the Ms. JACKSON LEE of Texas. Madam Overall, the Continuing Resolution will gen- government open, so I wanted to ex- Speaker, I rise in support of making further erally benefit the citizens of Houston and the press my appreciation and my concern. continuing appropriations for fiscal year 2011. entire country by continuing to fund important First of all, let me go to the Transpor- This measure will continue to assure funding government programs without interruption. As tation Security Administration. I am for all Federal Government agencies and allow we move forward, it is my hope that both the subcommittee chair on the Trans- the Government to continue its day to day op- chambers in the House and Senate will take portation Security and Infrastructure erations through March 4, 2011, provided a bipartisan approach to moving vitally impor- Protection Subcommittee. It is inter- under Public Law 111–242, the first fiscal year tant appropriations legislation which includes esting as we near the holiday, Christ- 2011 Continuing Resolution (CR). useful, necessary, job creating and economy- mas coming on Saturday, we are re- This Continuing Resolution will basically building projects from our districts. This is the minded certainly of the Christmas Day fund the Government at levels previously ap- fiscally responsible course and grows and bomber of 2009. So as millions of Amer- proved by the House for fiscal year 2010. It is strengthens our economy in the long run. icans are now traveling and will con- of great importance that this Congress con- In summation, I urge my colleagues to vote tinue to travel through this holiday tinues to decide how best to finalize fiscal year in favor of this Continuing Resolution as we season to gather with friends and fam- 2011 spending and explore ways to equitably continue the work of the Federal Government. ily, domestically and internationally, decrease the national deficit. Mr. SESSIONS. I yield myself the we recognize the importance of pro- As a Member of Congress, it is a critical balance of my time. viding transfer authority for TSA to constitutional responsibility to assure contin- Madam Speaker, today is a historic allow for efforts against terrorist at- ued funding streams for the Federal Govern- day, also, as two of the stalwarts of tacks such as what occurred in the ment. This Continuing Resolution will ensure this House of Representatives perhaps Northwest Flight 253 and the recent at- that all necessary and key functions of Gov- are here tonight to argue as chairman tempts against all cargo. ernment will continue unimpeded until Con- and ranking member of the Appropria- In addition, we recognize the impor- gress finalizes our work with the passage of tions Committee on behalf of not only tance of increased staff. This is the hol- final appropriations legislation. There have themselves, their committee, but also iday time. There will be overtime, and been a few exceptions, but at least one Con- the teams they represent. The gen- we want to make sure that all of the tinuing Resolution has been enacted for each tleman from Wisconsin (Mr. OBEY) per- levels of intensity, of ramping up are fiscal year since 1955. haps will be on the floor tomorrow, I provided for, and I am very grateful As we rapidly approach the holiday season, don’t know, but tonight I will be here, that this CR chose to do that. and the end of the year is only 10 days away, and I would like to recognize the serv- Additionally, many of us have heard there is no greater business before this cham- ice that Mr. OBEY has given the United from our small businesses, and this will ber than keeping our Federal Government up States Congress. I have been with Mr. prevent the elimination of funding of and running. Especially during this crucial time OBEY over a number of times in the reduced loans for small businesses. of transition, the citizens of the United States last 14 years up in the Rules Com- I want to raise something very quick- are depending upon us to keep the Federal mittee. I have seen him very early in ly. I am a supporter of providing quali- Government fully operational. We must pro- the morning and very late in the day. fied teachers for our inner city schools, vide a sense of certainty and stability as our Mr. OBEY has presented himself not and even had a daughter work for a country continues to recover from recession only in a professional manner, but rep- group called Teach for America. These and remains engaged in two wars abroad. resented his party and its thoughts are outstanding and well-informed in- I must say that I am very disturbed that we very well. It would be my hope I would dividuals. I raise a question, because cannot get our colleagues to cooperate in a bi- be able to offer a warm hand and exten- my district is dominated by inner city partisan manner to pass essential appropria- sion to him to say: Job well done, sir. schools, of the change of definition of tions bills and must instead resort to short- Also, on my side, the gentleman from ‘‘highly qualified teacher’’ that would term continuing resolutions. However, with the California (Mr. LEWIS) will be on the include those in the Teach for America, funding for all Federal agencies and programs floor in just a few moments as they that a recent graduate, does that in set to expire at midnight tonight, it is impera- present this final spending package, fact eliminate our experienced teach- tive that we pass this Continuing Resolution. It the CR. Mr. LEWIS has been a very dear

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The legislation before us continues related to sight, retinal issues, and the What we need to get is this: as we to overspend—a common theme over the last ability we have to create a better life loom and roll forward in the future, an- two Congresses. for those who have lost their sight. Mr. other debt limit opportunity vote that The underlying legislation is a CR to keep LEWIS has been very responsive to not means that we will have to take the the government running for 2 months. The only this Member but also to others in tough votes here on this floor and raise Democrats provided no budget for this year this body in dealing with health issues, that debt limit so that we are as re- and the President has not signed one appro- understanding that research and devel- sponsible as we are tonight, what has priations bill into law—so this legislation and opment is a key part of technology in been described by Mr. POLIS, about rule is just another tactic to keep the govern- medical breakthroughs for people who making sure the government funds ment running until the Majority can kick the recount on us making wise choices with itself. sponsibility to the Republicans next Congress. how we spend people’s money. The Republican Party believes we Over the past three years, non-defense, So I would want to extend to both of should have immediately last year non-homeland security, and non-veterans af- these gentlemen thanks for a job well when we recognized not only continued fairs discretionary spending has increased by done, knowing that tonight they will unemployment, massive debt, have a staggering 88 percent. In the meantime, the be ready to go home for Christmas and done something about stopping the Nation’s debt has risen to $13.5 trillion, there the holidays. spending. We spend about $4.5 billion have been yearly record deficits since the Madam Speaker, the Republican too much every day, more than what Democrats took the Majority, and the unem- Party finds itself in the position where comes in. And that $4.5 billion is im- ployment rate has been at or above 9.5 per- we are here on the floor just a few days portant. When you add it all up, it cent for 18 consecutive months. before Christmas. The gentleman from amounts to about 40 percent of all of This CR does almost nothing to reverse this Colorado (Mr. POLIS) has outlined the the spending going to debt. trend and instead continues the unsustainable, exact need of not only this administra- So we don’t have to yell and scream. high rate of spending passed the Democrat tion but, I believe, forthrightly, the We have to succinctly come to the Majority this year. This includes more spend- American people and certainly this floor. We have to protect the turf that ing for many federal agencies that received Congress, the ability to make sure that we believe is best for the American massive increases with the Democrat Stimulus we act responsibly, that we provide the people, and that is, I will tell you, on bill in 2009. My Republican colleagues and I funding that is necessary. The Presi- January 5 when we elect a new Speaker have pledged to cut non-security spending dent of the United States has asked for and the Republican Party becomes the back the fiscal year 2008 levels which would this. The President of the United majority, we pledge ourselves to hav- save American taxpayers nearly $100 billion in States has a constitutional authority ing not only the ideas about how to the first year. to move forward, and I believe that turn this country around, but I believe The American people are fed-up with the that is a rational argument. we will have the guts to make tough tax, borrow and spend policies of the past 4 The Republican Party finds itself in a votes. And we will ask the American years, which has brought nothing but unem- circumstance where we have at- people to listen and look at every sin- ployment, debt and deficit. Americans have tempted, for quite some time, to bring gle vote we make. called for an end to reckless spending and a to the attention of the majority what Today, we are kicking the can down new era of fiscal discipline, yet it continues to we believe is an overriding need to cut the road. Today, I guess we are ready fall on deaf ears here today. This country the amount of spending that is taking to go home. The Republican Party is needs leaders that are willing to make the place by the United States Congress. I here to say, We disagree. We think tough fiscal decisions that will provide eco- believe it has created excessive not every dollar and every penny that is nomic stability and job growth, not just more of only spending, a bloated government, being spent to the detriment of the fu- the same. and an inadequate ability by the free ture of this country is a problem. So In true fashion, my democrat colleagues enterprise system to get out of the way that’s what we are doing here today. continue to push their own agenda on the of government; that a government that I appreciate the gentlewoman not American people. They have shut out Repub- is empowered to roll over the free en- only for her efforts of tireless sitting in licans over the past 4 years, and they con- terprise system and individuals who the chair today, but I also recognize tinue to shut out the American people. Con- are in the marketplace perhaps, also. our leaders, the gentleman from Wis- tinuing on the path of reckless government In the scheme of things, the Repub- consin (Mr. OBEY), the gentleman from spending, will only put the U.S. further in debt lican Party is worried about the future California (Mr. LEWIS). I thank the burdening future generations. Congress must of this country and what our children gentleman from Colorado (Mr. POLIS) do better for the American people. I oppose and our grandchildren will have to pay and wish him the very best of holiday this rule. with a monster debt that looms over seasons. Madam Speaker, you have heard me say it us. Madam Speaker, just this morning, I stood over and over, but the American people we I recognize, I think the entire coun- right here to do a rule and pointed out that my promised an ‘‘open, honest and ethical’’ Con- try recognizes, that this debt, the dou- democrat colleagues continue to use an un- gress, and that is not what they have re- bling and tripling of debt that is under- precedented, restrictive, and closed process ceived. Congress only received the text of this way, came as a result of a political op- on the House floor, and here I am again to tell legislation a few hours ago. American’s have portunity with the Democratic Party the same story. In fact, this is the third Con- called for transparency and bipartisanship and by the President, the House, and the tinuing Resolution rule I have done this month. have only seen a secretive dictatorship. Senate to collectively determine that Week after week my friends on the other I ask my colleagues to vote ‘‘no’’ on the they were going to go and increase side of the aisle continue to bull-dose their rule. Vote no to stop the reckless fiscal poli- spending in a dramatic basis. massive spending agenda through the floor of cies that Speaker PELOSI and the Democrats the House with no Republican input, and no have pursued over the last 4 years. It is time 1800 b regular order. to end the idea of big government and big The Republican Party, through my- What was promised to be the most ‘‘open, spending. self as the Rules Committee person, honest and ethical’’ Congress by Speaker I yield back the balance of my time. recognizes that we, once again, are PELOSI when she took the gavel, has been the Mr. POLIS. Madam Speaker, I want here on the floor of the House of Rep- most closed, and one-sided Congress in his- to further describe something that the resentatives at the late hour, even tory. The American people asked for changes gentlelady from Texas mentioned in though I believe what is inevitable is in 2008 and they got something far worse. her remarks, that this continuing reso- here with this continuing resolution to They received a Democrat Congress that lution would expand the Federal defini- say, We believe there should have been doesn’t listen to the American people, and a tion of ‘‘highly qualified teacher’’ to

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Notwithstanding section 101, the outcomes, particularly among our tember 30, 2010, and for other purposes, level for ‘Department of Commerce, National most at-risk students. This definition with the Senate amendment to the Telecommunications and Information Adminis- would support greater local district House amendment to the Senate tration, Salaries and Expenses’ shall be control and flexibility to help ensure amendment thereto, and I have a mo- $40,649,000. that good teachers are in public school tion at the desk. ‘‘SEC. 149. The following authorities shall con- classrooms. The Clerk read the title of the bill. tinue in effect through the earlier of the date This was, from a policy perspective, The SPEAKER pro tempore. The specified in section 106(3) of this Act or the date largely agreed upon by Democrats and of enactment of the National Defense Author- Clerk will designate the Senate amend- ization Act for Fiscal Year 2011: Republicans in policy circles around ment to the House amendment to the ‘‘(1) Section 1021 of the Ronald W. Reagan the definition of highly qualified. But a Senate amendment. National Defense Authorization Act for Fiscal court recently said that previous lan- The text of the Senate amendment to Year 2005 (Public Law 108–375; 118 Stat. 2042), guage was unable to be interpreted in the House amendment to the Senate as amended by section 1011 of the National De- this way. So, Madam Speaker, we are amendment is as follows: fense Authorization Act for Fiscal Year 2010 using this continuing resolution to en- Senate amendment to House amendment (Public Law 111–84; 123 Stat. 2441); sure that these good teachers can stay to Senate amendment: ‘‘(2) Section 1022 of the National Defense Au- in the classrooms and that programs In lieu of the matter proposed to be in- thorization Act for Fiscal Year 2004 (Public Law like Teach For America can con- serted, insert the following: 108–136; 10 U.S.C. 371 note), as amended by section 1012 of the National Defense Authorization fidently move forward instead of losing TITLE I—CONTINUING APPROPRIATIONS Act for Fiscal Year 2010 (Public Law 111–84; 123 their ability to teach midway through AMENDMENTS Stat. 2441); the school year. SECTION 1. (a) The Continuing Appropriations ‘‘(3) Section 1033 of the National Defense Au- Madam Speaker, tonight we are on Act, 2011 (Public Law 111–242) is further amend- thorization Act for Fiscal Year 1998 (Public Law the brink of a government shutdown if ed by— 105–85), as amended by section 1014 of the Na- we fail to pass this CR, and we (1) striking the date specified in section 106(3) tional Defense Authorization Act for Fiscal shouldn’t let our partisan bickering be- and inserting ‘‘March 4, 2011’’; and Year 2010 (Public Law 111–84; 123 Stat. 2442); tween 99 cents or $1 or $1.01 grind the (2) adding the following: ‘‘(4) Sections 611, 612, 613, 614, 615, 616, 1106, ‘‘SEC. 147. (a) For the purposes of this sec- 1222(e), 1224 and 1234 of the National Defense entire economy of this Nation to a tion— halt, allowing drug cartels carte Authorization Act for Fiscal Year 2010 (Public ‘‘(1) the term ‘employee’— Law 111–84); blanche on the border, and making sure ‘‘(A) means an employee as defined in section ‘‘(5) Section 631 of the National Defense Au- that grandma can’t visit the kids in 2105 of title 5, United States Code; and thorization Act for Fiscal Year 2008 (Public Law ‘‘(B) includes an individual to whom sub- Topeka. 110–181); and section (b), (c), or (f) of such section 2105 per- The House has done its part to keep ‘‘(6) Section 931 of the National Defense Au- tains (whether or not such individual satisfies the government funded. We passed a thorization Act for Fiscal Year 2007 (Public Law subparagraph (A)); full year-long continuing resolution 2 109–364). ‘‘(2) the term ‘senior executive’ means— ‘‘SEC. 150. Subject to the availability of appro- weeks ago. We acted quickly to main- ‘‘(A) a member of the Senior Executive Service priations, the Secretary of the Navy may award tain government operations, and the under subchapter VIII of chapter 53 of title 5, a contract or contracts for up to 20 Littoral Senate failed to overcome obstruc- United States Code; tionism. Today our situation is that we ‘‘(B) a member of the FBI–DEA Senior Execu- Combat Ships (LCS). ‘‘SEC. 151. Section 8905a(d)(4)(B) of title 5, have what some on both sides, I am tive Service under subchapter III of chapter 31 of title 5, United States Code; United States Code, is amended— sure, would agree is an imperfect con- ‘‘(1) in clause (i), by striking ‘October 1, 2010’ tinuing resolution that will fund the ‘‘(C) a member of the Senior Foreign Service under chapter 4 of title I of the Foreign Service and inserting ‘December 31, 2011’; and Federal Government in the new year, Act of 1980 (22 U.S.C. 3961 and following); and ‘‘(2) in clause (ii)— which is clearly preferable to a govern- ‘‘(D) a member of any similar senior executive ‘‘(A) by striking ‘February 1, 2011’ and insert- ment shutdown in the holiday season. service in an Executive agency; ing ‘February 1, 2012’; and Madam Speaker, I urge my col- ‘‘(3) the term ‘senior-level employee’ means an ‘‘(B) by striking ‘October 1, 2010’ and insert- leagues to join me in support of this employee who holds a position in an Executive ing ‘December 31, 2011’. rule. I thank Chairman OBEY for his agency and who is covered by section 5376 of ‘‘SEC. 152. Notwithstanding section 101, the leadership not only on this bill and on title 5, United States Code, or any similar au- level for ‘Special Inspector General for the Trou- bled Asset Relief Program, Salaries and Ex- this continuing resolution but for his thority; and ‘‘(4) the term ‘Executive agency’ has the penses’ shall be $36,300,000. hard work and his staff’s hard work. ‘‘SEC. 153. Public Law 111–240 is amended in Madam Speaker, the House did pass meaning given such term by section 105 of title 5, United States Code. section 1114 and section 1704 by striking ‘Decem- two appropriation bills this year, the ‘‘(b)(1) Notwithstanding any other provision ber 31, 2010’ and inserting ‘March 4, 2011’ each Transportation-HUD appropriation and of law, except as provided in subsection (e), no time it appears and in section 1704 by adding at Military Construction/Veterans Affairs statutory pay adjustment which (but for this the end the following: appropriation, and the Senate hasn’t subsection) would otherwise take effect during ‘‘ ‘(c) For purposes of the loans made under passed a single one. So rather than the period beginning on January 1, 2011, and this section, the maximum guaranteed amount continuing on with futile work, I think ending on December 31, 2012, shall be made. outstanding to the borrower may not exceed it is important that we get about our ‘‘(2) For purposes of this subsection, the term $4,500,000.’ ‘statutory pay adjustment’ means— ‘‘SEC. 154. The appropriation to the Securities business of funding government to en- ‘‘(A) an adjustment required under section and Exchange Commission pursuant to this Act sure that we can move forward with 5303, 5304, 5304a, 5318, or 5343(a) of title 5, shall be deemed a regular appropriation for pur- the spirit of Chairman OBEY guiding us United States Code; and poses of section 6(b) of the Securities Act of 1933 in the 112th Congress to continue our ‘‘(B) any similar adjustment, required by stat- (15 U.S.C. 77f(b)) and sections 13(e), 14(g), and work in the appropriations process. I ute, with respect to employees in an Executive 31 of the Securities Exchange Act of 1934 (15 praise Chairman OBEY and the staff for agency. U.S.C. 78m(e), 78n(g), and 78ee). their hard work on this bill. ‘‘(c) Notwithstanding any other provision of ‘‘SEC. 155. Section 302 of the Universal Service I urge a ‘‘yes’’ vote on the previous law, except as provided in subsection (e), during Antideficiency Temporary Suspension Act is question and on the rule. the period beginning on January 1, 2011, and amended by striking ‘December 31, 2010’ each place it appears and inserting ‘December 31, I yield back the balance of my time, ending on December 31, 2012, no senior executive or senior-level employee may receive an increase 2011’. and I move the previous question on in his or her rate of basic pay absent a change ‘‘SEC. 156. Notwithstanding section 503 of the resolution. of position that results in a substantial increase Public Law 111–83, amounts made available in The previous question was ordered. in responsibility, or a promotion. this Act for the Transportation Security Admin- The resolution was agreed to. ‘‘(d) The President may issue guidance that istration shall be available for transfer between A motion to reconsider was laid on Executive agencies shall apply in the implemen- and within Transportation Security Administra- the table. tation of this section. tion appropriations to the extent necessary to

VerDate Mar 15 2010 06:28 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00119 Fmt 4634 Sfmt 6333 E:\CR\FM\K21DE7.140 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8906 CONGRESSIONAL RECORD — HOUSE December 21, 2010 avoid furloughs or reduction in force, or to pro- 2003 (2 U.S.C. 1907(d)), the use of any funds ap- (1) by striking ‘‘$105,606,250’’ and inserting vide funding necessary for programs and activi- propriated to the United States Capitol Police ‘‘$179,385,959’’; and ties required by law: Provided, That such trans- during fiscal year 2003 for transfer relating to (2) by striking ‘‘the period beginning on Octo- fers may not result in the termination of pro- the Truck Interdiction Monitoring Program to ber 1, 2010, and ending on December 31, 2010’’ grams, projects or activities: Provided further, the working capital fund established under sec- and inserting ‘‘the period beginning on October That the House and Senate Appropriations tion 328 of title 49, United States Code, is rati- 1, 2010, and ending on March 4, 2011’’. Committees shall be notified within 15 days of fied. Subtitle B—Extension of National Highway such transfers. ‘‘(b) Nothing in subsection (a) may be con- Traffic Safety Administration, Federal ‘‘SEC. 157. Up to $21,880,000 from ‘Coast strued to waive sections 1341, 1342, 1349, 1350, or Motor Carrier Safety Administration, and Guard, Acquisition, Construction, and Improve- 1351 of title 31, United States Code, or sub- Additional Programs ments’ and ‘Coast Guard, Alteration of Bridges’ chapter II of chapter 15 of such title (commonly SEC. 2201. EXTENSION OF NATIONAL HIGHWAY may be transferred to ‘Coast Guard, Operating known as the ‘Anti-Deficiency Act’). TRAFFIC SAFETY ADMINISTRATION Expenses’: Provided, That the Coast Guard may ‘‘(c) Notwithstanding section 106 of this Act, HIGHWAY SAFETY PROGRAMS. decommission one Medium Endurance Cutter, the use of the funds described under subsection (a) CHAPTER 4 HIGHWAY SAFETY PROGRAMS.— two High Endurance Cutters, four HU–25 air- (a) of this section shall apply without fiscal Section 2001(a)(1) of SAFETEA–LU (119 Stat. craft, the Maritime Intelligence Fusion Center, year limitation. 1519) is amended by striking ‘‘and $58,750,000 for and one Maritime Safety and Security Team, ‘‘SEC. 166. Notwithstanding section 101, the period beginning on October 1, 2010, and and make staffing changes at the Coast Guard amounts are provided for ‘Department of Vet- ending on December 31, 2010.’’ and inserting Investigative Service, as outlined in its budget erans Affairs, Departmental Administration, ‘‘and $99,795,000 for the period beginning on Oc- justification documents for fiscal year 2011 as General Operating Expenses’ at a rate for oper- tober 1, 2010, and ending on March 4, 2011.’’. submitted to the Committees on Appropriations ations of $2,546,276,000, of which not less than (b) HIGHWAY SAFETY RESEARCH AND DEVELOP- of the Senate and House of Representatives. $2,148,776,000 shall be for the Veterans Benefits MENT.—Section 2001(a)(2) of SAFETEA–LU (119 ‘‘SEC. 158. Notwithstanding section 101, the Administration.’’. Stat. 1519) is amended by striking ‘‘and final proviso under the heading ‘Science and (b) This section may be cited as the ‘‘Con- $27,061,000 for the period beginning on October Technology, Research, Development, Acquisi- tinuing Appropriations Amendments, 2011’’. 1, 2010, and ending on December 31, 2010.’’ and tion, and Operations’ in Public Law 111–83 (re- TITLE II—EXTENSION OF CURRENT inserting ‘‘and $45,967,000 for the period begin- lated to the National Bio- and Agro-defense Fa- SURFACE TRANSPORTATION PROGRAMS ning on October 1, 2010, and ending on March cility) shall have no effect with respect to all 4, 2011.’’. amounts available under this heading. SEC. 2001. SHORT TITLE; RECONCILIATION OF (c) OCCUPANT PROTECTION INCENTIVE FUNDS. ‘‘SEC. 159. Notwithstanding sections 101 and GRANTS.—Section 2001(a)(3) of SAFETEA–LU 128, amounts are provided for ‘Department of (a) This title may be cited as the ‘‘Surface (119 Stat. 1519) is amended by striking ‘‘and the Interior—Minerals Management Service— Transportation Extension Act of 2010, Part II’’. $6,250,000 for the period beginning on October 1, (b) RECONCILIATION OF FUNDS.—The Secretary Royalty and Offshore Minerals Management’ in 2010, and ending on December 31, 2010.’’ and in- of Transportation shall reduce the amount ap- the manner authorized in Public Law 111–88 for serting ‘‘and $10,616,000 for the period beginning portioned or allocated for a program, project, or fiscal year 2010, except that for fiscal year 2011 on October 1, 2010, and ending on March 4, activity under this title in fiscal year 2011 by the amounts specified in division A of Public 2011.’’. amounts apportioned or allocated pursuant to Law 111–88 shall be modified by substituting— (d) SAFETY BELT PERFORMANCE GRANTS.—Sec- ‘‘(1) ‘$200,110,000’ for ‘$175,217,000’; the Surface Transportation Extension Act of tion 2001(a)(4) of SAFETEA–LU (119 Stat. 1519) ‘‘(2) ‘$102,231,000’ for ‘$89,374,000’; 2010 for the period beginning on October 1, 2010, is amended by striking ‘‘and $31,125,000 for the ‘‘(3) ‘$154,890,000’ for ‘$156,730,000’ each place and ending on December 31, 2010. period beginning on October 1, 2010, and ending it appears; and Subtitle A—Federal-Aid Highways on December 31, 2010.’’ and inserting ‘‘and ‘‘(4) ‘fiscal year 2011’ shall be substituted for SEC. 2101. EXTENSION OF FEDERAL-AID HIGHWAY $52,870,000 for the period beginning on October ‘fiscal year 2010’ each place it appears. PROGRAMS. 1, 2010, and ending on March 4, 2011.’’. ‘‘SEC. 160. The Secretary of the Interior, in (a) IN GENERAL.—Section 411 of the Surface (e) STATE TRAFFIC SAFETY INFORMATION SYS- order to implement a reorganization of the Bu- Transportation Extension Act of 2010 (Public TEM IMPROVEMENTS.—Section 2001(a)(5) of reau of Ocean Energy Management, Regulation, Law 111–147; 124 Stat. 78) is amended— SAFETEA–LU (119 Stat. 1519) is amended by and Enforcement, may establish accounts, (1) by striking ‘‘the period beginning on Octo- striking ‘‘and $8,625,000 for the period beginning transfer funds among and between the offices ber 1, 2010, and ending on December 31, 2010’’ on October 1, 2010, and ending on December 31, and bureaus affected by the reorganization, and each place it appears (except in subsection 2010.’’ and inserting ‘‘and $14,651,000 for the pe- take any other administrative actions necessary (c)(2)) and inserting ‘‘the period beginning on riod beginning on October 1, 2010, and ending in conformance with the Appropriations Com- October 1, 2010, and ending on March 4, 2011’’; on March 4, 2011.’’. mittee reprogramming procedures described in (2) in subsection (a) by striking ‘‘December 31, (f) ALCOHOL-IMPAIRED DRIVING COUNTER- the joint explanatory statement of the managers 2010’’ and inserting ‘‘March 4, 2011’’; MEASURES INCENTIVE GRANT PROGRAM.—Section accompanying Public Law 111–88 (House of (3) in subsection (b)(2) by striking ‘‘1⁄4’’ and 2001(a)(6) of SAFETEA–LU (119 Stat. 1519) is Representatives Report 111–316). inserting ‘‘155⁄365’’; amended by striking ‘‘and $34,750,000 for the pe- ‘‘SEC. 161. Notwithstanding section 101, sec- (4) in subsection (c)— riod beginning on October 1, 2010, and ending tion 423 of Public Law 111–88 (123 Stat. 2961), (A) in paragraph (2)— on December 31, 2010.’’ and inserting ‘‘and concerning the distribution of geothermal en- (i) by striking ‘‘1⁄4’’ and inserting ‘‘155⁄365’’; and $59,027,000 for the period beginning on October ergy receipts, shall have no force or effect and (ii) by striking ‘‘the period beginning on Octo- 1, 2010, and ending on March 4, 2011.’’. the provisions of section 3003(a) of Public Law ber 1, 2010, and ending on December 31, 2010,’’ (g) NATIONAL DRIVER REGISTER.—Section 111–212 (124 Stat. 2338) shall apply for fiscal and inserting ‘‘the period beginning on October 2001(a)(7) of SAFETEA–LU (119 Stat. 1520) is year 2011. 1, 2010, and ending on March 4, 2011’’; amended by striking ‘‘and $1,029,000 for the pe- ‘‘SEC. 162. Notwithstanding section 109, of the (B) in paragraph (4)— riod beginning on October 1, 2010, and ending funds made available by section 101 for pay- (i) in subparagraph (A)(ii) by striking ‘‘1⁄4’’ on December 31, 2010.’’ and inserting ‘‘and ments under subsections (b) and (d) of section and inserting ‘‘155⁄365’’; and $1,748,000 for the period beginning on October 1, 2602 of the Low Income Home Energy Assistance (ii) in subparagraph (B)(ii)(II) by striking 2010, and ending on March 4, 2011.’’. Act of 1981, the Department of Health and ‘‘$159,750,000’’ and inserting ‘‘$271,356,164’’; and (h) HIGH VISIBILITY ENFORCEMENT PRO- Human Services shall obligate the same amount (C) in paragraph (5) by striking ‘‘1⁄4’’ and in- GRAM.—Section 2001(a)(8) of SAFETEA–LU (119 during the period covered by this continuing serting ‘‘155⁄365’’; Stat. 1520) is amended by striking ‘‘and resolution as was obligated for such purpose (5) in subsection (d)— $7,250,000 for the period beginning on October 1, during the comparable period during fiscal year (A) by striking ‘‘1⁄4’’ each place it appears and 2010, and ending on December 31, 2010.’’ and in- 2010. inserting ‘‘155⁄365’’; and serting ‘‘and $12,315,000 for the period beginning ‘‘SEC. 163. (a) A ‘highly qualified teacher’ in- (B) in paragraph (2)(A)— on October 1, 2010, and ending on March 4, cludes a teacher who meets the requirements in (i) in the matter preceding clause (i) by strik- 2011.’’. 34 C.F.R. 200.56(a)(2)(ii), as published in the ing ‘‘apportioned under sections 104(b) and 144 (i) MOTORCYCLIST SAFETY.—Section 2001(a)(9) Federal Register on December 2, 2002. of title 23, United States Code,’’ and inserting of SAFETEA–LU (119 Stat. 1520) is amended by ‘‘(b) This provision is effective on the date of ‘‘specified in section 105(a)(2) of title 23, United striking ‘‘and $1,750,000 for the period beginning enactment of this provision through the end of States Code (except the high priority projects on October 1, 2010, and ending on December 31, the 2012–2013 academic year. program),’’; and 2010.’’ and inserting ‘‘and $2,973,000 for the pe- ‘‘SEC. 164. (a) Notwithstanding section 101, (ii) in clause (ii) by striking ‘‘apportioned riod beginning on October 1, 2010, and ending the level for ‘Department of Education, Student under such sections of such Code’’ and inserting on March 4, 2011.’’. Financial Assistance’ to carry out subpart 1 of ‘‘specified in such section 105(a)(2) (except the (j) CHILD SAFETY AND CHILD BOOSTER SEAT part A of title IV of the Higher Education Act high priority projects program)’’; and SAFETY INCENTIVE GRANTS.—Section 2001(a)(10) of 1965 shall be $23,162,000,000. (6) in subsection (e)(1)(B) by striking ‘‘1⁄4’’ and of SAFETEA–LU (119 Stat. 1520) is amended by ‘‘(b) The maximum Pell Grant for which a stu- inserting ‘‘155⁄365’’. striking ‘‘and $1,750,000 for the period beginning dent shall be eligible during award year 2011– (b) ADMINISTRATIVE EXPENSES.—Section on October 1, 2010, and ending on December 31, 2012 shall be $4,860. 412(a)(2) of the Surface Transportation Exten- 2010.’’ and inserting ‘‘and $2,973,000 for the pe- ‘‘SEC. 165. (a) Notwithstanding section 1018(d) sion Act of 2010 (Public Law 111–147; 124 Stat. riod beginning on October 1, 2010, and ending of the Legislative Branch Appropriations Act, 83) is amended— on March 4, 2011.’’.

VerDate Mar 15 2010 06:28 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00120 Fmt 4634 Sfmt 6333 E:\CR\FM\A21DE7.092 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 21, 2010 CONGRESSIONAL RECORD — HOUSE H8907

(k) ADMINISTRATIVE EXPENSES.—Section SAFETEA–LU (119 Stat. 1744) is amended by SEC. 2303. ALLOCATING AMOUNTS FOR CAPITAL 2001(a)(11) of SAFETEA–LU (119 Stat. 1520) is striking ‘‘$252,000 for the period beginning on INVESTMENT GRANTS. amended by striking ‘‘and $6,332,000 for the pe- October 1, 2010, and ending on December 31, Section 5309(m) of such title is amended— riod beginning on October 1, 2010, and ending 2010,’’ and inserting ‘‘$425,545 for the period be- (1) In paragraph (2)— on December 31, 2010.’’ and inserting ‘‘and ginning on October 1, 2010, and ending on (A) in the paragraph heading by striking $10,756,000 for the period beginning on October March 4, 2011,’’. ‘‘DECEMBER 31, 2010’’ and inserting ‘‘MARCH 4, 1, 2010, and ending on March 4, 2011.’’. (i) MOTOR CARRIER SAFETY ADVISORY COM- 2011’’; SEC. 2202. EXTENSION OF FEDERAL MOTOR CAR- MITTEE.—Section 4144(d) of SAFETEA–LU (119 (B) in the matter preceding paragraph (A) by RIER SAFETY ADMINISTRATION PRO- Stat. 1748) is amended by striking ‘‘December 31, striking ‘‘December 31, 2010’’ and inserting GRAMS. 2010’’ and inserting ‘‘March 4, 2011’’. ‘‘March 4, 2011’’; and (a) MOTOR CARRIER SAFETY GRANTS.—Section (j) WORKING GROUP FOR DEVELOPMENT OF (C) in subparagraph (A)(i), by striking 31104(a)(7) of title 49, United States Code, is PRACTICES AND PROCEDURES TO ENHANCE FED- ‘‘$50,000,000 for the period beginning October 1, amended by striking ‘‘$52,679,000 for the period ERAL-STATE RELATIONS.—Section 4213(d) of 2010, and ending December 31, 2010’’ and insert- beginning on October 1, 2010, and ending on De- SAFETEA–LU (49 U.S.C. 14710 note; 119 Stat. ing ‘‘$84,931,000 for the period beginning Octo- cember 31, 2010.’’ and inserting ‘‘$88,753,000 for 1759) is amended by striking ‘‘December 31, ber 1, 2010 and ending March 4, 2011’’. the period beginning October 1, 2010, and ending 2010’’ and inserting ‘‘March 4, 2011’’. (2) in paragraph (6)— on March 4, 2011.’’. SEC. 2203. ADDITIONAL PROGRAMS. (A) in subparagraph (B) by striking (b) ADMINISTRATIVE EXPENSES.—Section (a) HAZARDOUS MATERIALS RESEARCH ‘‘$3,750,000 shall be available for the period be- 31104(i)(1)(G) of title 49, United States Code, is PROJECTS.—Section 7131(c) of SAFETEA–LU ginning October 1, 2010 and ending December 31, amended by striking ‘‘$61,036,000 for the period (119 Stat. 1910) is amended by striking ‘‘through 2010’’ and inserting ‘‘$6,369,000 shall be avail- beginning on October 1, 2010, and ending on De- 2010’’ and all that follows before ‘‘shall be available for the period beginning October 1, 2010 cember 31, 2010.’’ and inserting ‘‘$103,678,000 for able’’ and inserting ‘‘through 2010 and $531,000 and ending March 4, 2011’’; the period beginning October 1, 2010, and ending for the period beginning on October 1, 2010, and (B) in subparagraph (C) by striking on March 4, 2011.’’. ending on March 4, 2011’’. ‘‘$1,250,000 shall be available for the period be- (c) GRANT PROGRAMS.—Section 4101(c) of (b) DINGELL-JOHNSON SPORT FISH RESTORA- ginning October 1, 2010 and ending December 31, SAFETEA–LU (119 Stat. 1715) is amended— TION ACT.—Section 4 of the Dingell-Johnson 2010’’ and inserting ‘‘$2,123,000 shall be avail- (1) in paragraph (1)— Sport Fish Restoration Act (16 U.S.C. 777c) is able for the period beginning October 1, 2010 (A) by striking ‘‘and’’ after ‘‘2009,’’; and amended— and ending March 4, 2011’’. (B) by striking ‘‘and $6,301,000 for the period (1) in subsection (a) by striking ‘‘For each of (3) in paragraph (7)— beginning on October 1, 2010, and ending on De- fiscal years 2006’’ and all that follows before (A) in clause (ii) of subparagraph (A)— cember 31, 2010.’’ and inserting ‘‘and $10,616,000 paragraph (1) and inserting the following: ‘‘For (i) in the clause heading, by striking ‘‘DECEM- for the period beginning October 1, 2010, and each of fiscal years 2006 through 2010, and for BER 31, 2010’’ and inserting ‘‘MARCH 4, 2011’’; ending on March 4, 2011.’’; the period beginning on October 1, 2010, and (ii) by striking ‘‘$2,500,000 shall be available (2) in paragraph (2) by striking ‘‘and ending on March 4, 2011 the balance of each an- for the period beginning October 1, 2010 and $8,066,000 for the period beginning on October 1, nual appropriation made in accordance with the ending December 31, 2010’’ and inserting 2010, and ending on December 31, 2010.’’ and in- provisions of section 3 remaining after the dis- ‘‘$4,246,000 shall be available for the period be- serting ‘‘and $13,589,000 for the period beginning tributions for administrative expenses and other ginning October 1, 2010 and ending March 4, October 1, 2010, and ending on March 4, 2011.’’; purposes under subsection (b) and for multistate 2011’’; (3) in paragraph (3) by striking ‘‘and conservation grants under section 14 shall be (iii) by striking ‘‘25 percent’’ and inserting $1,260,000 for the period beginning on October 1, distributed as follows:’’; and ‘‘155⁄365ths’’. 2010, and ending on December 31, 2010.’’ and in- (2) in subsection (b)(1)(A) by striking the first (4) in subparagraph (B), by amending clause serting ‘‘and $2,123,000 for the period beginning sentence and inserting the following: ‘‘From the (vi) to read, ‘‘$5,732,000 for the period beginning annual appropriation made in accordance with October 1, 2010, and ending on March 4, 2011.’’; October 1, 2010 and ending March 4, 2011’’. (4) in paragraph (4) by striking ‘‘and section 3, for each of fiscal years 2006 through (5) in subparagraph (C) by striking ‘‘December $6,301,000 for the period beginning on October 1, 2010, and for the period beginning on October 1, 31, 2010’’ and inserting ‘‘March 4, 2011’’. 2010, and ending on December 31, 2010.’’ and in- 2010, and ending on March 4, 2011, the Sec- (6) in subparagraph (D) by striking retary of the Interior may use no more than the serting ‘‘and $10,616,000 for the period beginning ‘‘$8,750,000 shall be available for the period be- amount specified in subparagraph (B) for the October 1, 2010, and ending on March 4, 2011.’’; ginning October 1, 2010, and ending December fiscal year for expenses for administration in- and 31, 2010’’ and inserting ‘‘$14,863,000 shall be (5) in paragraph (5) by striking ‘‘and $756,000 curred in the implementation of this Act, in ac- available for the period beginning October 1, cordance with this section and section 9.’’. for the period beginning on October 1, 2010, and 2010 and ending March 4, 2011’’; (c) SURFACE TRANSPORTATION PROJECT DELIV- ending on December 31, 2010.’’ and inserting (7) in subparagraph (E) by striking ‘‘$750,000 ERY PILOT PROGRAM.—Section 327(i)(1) of title ‘‘and $1,274,000 for the period beginning October shall be available for the period beginning Octo- 23, United States Code, is amended by striking ber 1, 2010, and ending December 31, 2010’’ and 1, 2010, and ending on March 4, 2011.’’. ‘‘6 years after’’ and inserting ‘‘7 years after’’. IGH RIORITY CTIVITIES inserting ‘‘$1,273,000 shall be available for the (d) H -P A .—Section (d) IMPLEMENTATION OF FUTURE STRATEGIC period beginning October 1, 2010 and ending 31104(k)(2) of title 49, United States Code, is HIGHWAY RESEARCH PROGRAM.—Section 510 of March 4, 2011’’. amended by striking ‘‘2009, $15,000,000 for fiscal title 23, United States Code, is amended by add- year 2010, and $3,781,000 for the period begin- ing at the end the following: SEC. 2304. APPORTIONMENT OF FORMULA ning on October 1, 2010, and ending on Decem- ‘‘(h) IMPLEMENTATION.—Notwithstanding any GRANTS FOR OTHER THAN URBAN- ber 31, 2010’’ and inserting ‘‘2010 and $6,370,000 other provision of this section, the Secretary IZED AREAS. for the period beginning October 1, 2010, and may use funds made available to carry out this Section 5311(c)(1)(F) of title 49, United States ending on March 4, 2011’’. section for implementation of research products Code, is amended to read as follows: (e) NEW ENTRANT AUDITS.—Section related to the future strategic highway research ‘‘(F) $6,369,000 for the period beginning Octo- 31144(g)(5)(B) of title 49, United States Code, is program, including development, demonstration, ber 1, 2010 and ending March 4, 2011.’’. amended by striking ‘‘(and up to $7,310,000 for evaluation, and technology transfer activities.’’. SEC. 2305. APPORTIONMENT BASED ON FIXED the period beginning on October 1, 2010, and GUIDEWAY FACTORS. Subtitle C—Public Transportation Programs ending on December 31, 2010)’’ and inserting Section 5337(g) of title 49, United States Code, ‘‘(and up to $12,315,000 for the period beginning SEC. 2301. ALLOCATION OF FUNDS FOR PLAN- is amended to read as follows: NING PROGRAMS. October 1, 2010, and ending on March 4, 2011)’’. ‘‘(g) SPECIAL RULE FOR OCTOBER 1, 2010, Section 5305(g) of title 49, United States Code, (f) COMMERCIAL DRIVER’S LICENSE INFORMA- THROUGH MARCH 4, 2011.—The Secretary shall is amended by striking ‘‘December 31, 2010’’ and TION SYSTEM MODERNIZATION.—Section apportion amounts made available for fixed inserting ‘‘March 4, 2011’’. 4123(d)(6) of SAFETEA–LU (119 Stat. 1736) is guideway modernization under section 5309 for amended by striking ‘‘$2,016,000 for the period SEC. 2302. SPECIAL RULE FOR URBANIZED FOR- the period beginning October 1, 2010, and ending MULA GRANTS. March 4, 2011, in accordance with subsection beginning on October 1, 2010, and ending on De- Section 5307(b)(2) of title 49, United States cember 31, 2010.’’ and inserting ‘‘and $3,397,260 (a), except that the Secretary shall apportion Code, is amended— 155 for the period beginning October 1, 2010, and (1) in the paragraph heading, by striking ⁄365ths of each dollar amount specified in sub- ending on March 4, 2011.’’. ‘‘DECEMBER 31, 2010’’ and inserting ‘‘MARCH 4, section (a).’’. (g) OUTREACH AND EDUCATION.—Section 2011’’; SEC. 2306. AUTHORIZATIONS FOR PUBLIC TRANS- 4127(e) of SAFETEA–LU (119 Stat. 1741) is (2) in subparagraph (A) by striking ‘‘Decem- PORTATION. amended by striking ‘‘and 2010’’ and all that ber 31, 2010’’ and inserting ‘‘March 4, 2011’’; (a) FORMULA AND BUS GRANTS.—Section follows before ‘‘to carry out’’ and inserting and 5338(b) of title 49, United States Code, is amend- ‘‘2010, and $425,545 to the Federal Motor Carrier (3) in subparagraph (E)— ed— Safety Administration, and $1,274,000 to the Na- (A) in the paragraph heading, by striking (1) By amending paragraph (1)(F) as follows: tional Highway Traffic Safety Administration, ‘‘DECEMBER 31, 2010’’ and inserting ‘‘MARCH 4, ‘‘(F) $3,550,376,000 for the period beginning for the period beginning on October 1, 2010, and 2011’’; and October 1, 2010, and ending March 4, 2011.’’. ending on March 4, 2011,’’. (B) in the matter preceding clause (i) by strik- (2) in paragraph (2)— (h) GRANT PROGRAM FOR COMMERCIAL MOTOR ing ‘‘December 31, 2010’’ and inserting ‘‘March (A) in subparagraph (A) by striking VEHICLE OPERATORS.—Section 4134(c) of 4, 2011’’. ‘‘$28,375,000 for the period beginning October 1,

VerDate Mar 15 2010 06:28 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00121 Fmt 4634 Sfmt 6333 E:\CR\FM\A21DE7.092 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8908 CONGRESSIONAL RECORD — HOUSE December 21, 2010 2010, and ending December 31, 2010’’ and by in- retary shall allocate for each of the activities ‘‘(7) for the period beginning October 1, 2010, serting ‘‘$48,198,000 for the period beginning Oc- and projects described in subparagraphs (A) and ending on March 4, 2011, $4,390,137,192.’’. tober 1, 2010 and ending March 4, 2011’’; through (F) of paragraph (1) an amount equal Subtitle D—Extension of Expenditure (B) in subparagraph (B) by striking to 155⁄365ths of the amount allocated for fiscal Authority ‘‘$1,040,091,250 for the period beginning October year 2009 under each such subparagraph.’’. SEC. 2401. EXTENSION OF EXPENDITURE AU- 1, 2010, and ending December 31, 2010’’ and in- (3) Paragraph (3)(B)(ii) is amended to read as THORITY. serting ‘‘$1,766,730,000 for the period beginning follows: (a) HIGHWAY TRUST FUND.—Section 9503 of October 1, 2010, and ending March 4, 2011’’; ‘‘(ii) OCTOBER 1, 2010 THROUGH MARCH 4, 2011.— the Internal Revenue Code of 1986 is amended— (C) in subparagraph (C) by striking Of the amounts allocated under subparagraph (1) by striking ‘‘December 31, 2010 (January 1, ‘‘$12,875,000 for the period beginning October 1, (A)(i) for the university centers program under 2011, in the case of expenditures for administra- 2010, and ending December 31, 2010’’ and by in- section 5506 for the period beginning October 1, tive expenses)’’ in subsections (b)(6)(B) and serting ‘‘$21,869,000 for the period beginning Oc- 2010, and ending March 4, 2011, the Secretary (c)(1) and inserting ‘‘March 5, 2011’’; tober 1, 2010 and ending March 4, 2011’’; shall allocate for each program described in (2) by striking ‘‘the Surface Transportation (D) in subparagraph (D) by striking clauses (i) through (iii) and (v) through (viii) of Extension Act of 2010’’ in subsections (c)(1) and ‘‘$416,625,000 for the period beginning October 1, paragraph (2)(A) an amount equal to 155⁄365ths of (e)(3) and inserting ‘‘the Surface Transportation 2010 and ending December 31, 2010’’ and by in- the amount allocated for fiscal year 2009 under Extension Act of 2010, Part II’’; and serting ‘‘$707,691,000 for the period beginning each such clause.’’. (3) by striking ‘‘January 1, 2011’’ in subsection October 1, 2010 and ending March 4, 2011’’; (4) In clause (3)(B)(iii)— (e)(3) and inserting ‘‘March 5, 2011’’. (E) in subparagraph (E) by striking (A) by striking ‘‘2010’’ and inserting ‘‘2011’’; (b) SPORT FISH RESTORATION AND BOATING ‘‘$246,000,000 for the period beginning October 1, and TRUST FUND.—Section 9504 of the Internal Rev- 2010 and ending December 31, 2010’’ and insert- (B) by striking ‘‘2009’’ and inserting ‘‘2010’’. enue Code of 1986 is amended— ing ‘‘$417,863,000 for the period beginning Octo- (d) ADMINISTRATION.—Section 5338(e)(6) of (1) by striking ‘‘Surface Transportation Ex- ber 1, 2010 and ending March 4, 2011’’; title 49, United States Code, is amended to read tension Act of 2010’’ each place it appears in (F) in subparagraph (F) by striking as follows— subsection (b)(2) and inserting ‘‘Surface Trans- ‘‘$33,375,000 for the period beginning October 1, ‘‘(6) $42,003,000 for the period of October 1, portation Extension Act of 2010, Part II’’; and 2010 and ending December 31, 2010’’ and insert- 2010 through March 4, 2011.’’. (2) by striking ‘‘January 1, 2011’’ in subsection ing ‘‘$56,691,000 for the period beginning Octo- SEC. 2307. AMENDMENTS TO SAFETEA–LU. (d)(2) and inserting ‘‘March 5, 2011’’. ber 1, 2010 and ending March 4, 2011’’; (a) CONTRACTED PARATRANSIT PILOT.—Section (c) EFFECTIVE DATE.—The amendments made (G) in subparagraph (G) by striking 3009(i)(1) of SAFETEA–LU (Public Law 109–59; by this section shall take effect on December 31, ‘‘$116,250,000 for the period beginning October 1, 119 Stat. 1572) is amended by striking ‘‘December 2010. 2010 and ending December 31, 2010’’ and insert- 31, 2010’’ and inserting ‘‘March 4, 2011’’. This Act may be cited as the ‘‘Continuing Ap- ing ‘‘$197,465,000 for the period beginning Octo- (b) PUBLIC-PRIVATE PARTNERSHIP PILOT PRO- propriations and Surface Transportation Exten- ber 1, 2010 and ending March 4, 2011’’; GRAM.—Section 3011 of the SAFETEA–LU (49 sions Act, 2011’’. (H) in subparagraph (H) by striking U.S.C. 5309 note) is amended— ‘‘$41,125,000 for the period beginning October 1, (1) in subsection (c)(5), by striking ‘‘December MOTION TO CONCUR 2010 and ending December 31, 2010’’ and insert- 31, 2010’’ and inserting ‘‘March 4, 2011’’; and The SPEAKER pro tempore. The ing ‘‘$69,856,000 for the period beginning Octo- (2) in subsection (d), by striking ‘‘December Clerk will report the motion. ber 1, 2010 and ending March 4, 2011’’; 31, 2010’’ and inserting ‘‘March 4, 2011’’. The Clerk read as follows: (c) ELDERLY INDIVIDUALS AND INDIVIDUALS (I) in subparagraph (I) by striking Mr. Obey moves that the House concur in WITH DISABILITIES PILOT PROGRAM.—Section ‘‘$23,125,000 for the period beginning October 1, the Senate amendment to the House amend- 3012(b)(8) of the SAFETEA–LU (49 U.S.C. 5310 2010 and ending December 31, 2010’’ and insert- ment to the Senate amendment to H.R. 3082. ing ‘‘$39,280,000 for the period beginning Octo- note) is amended by striking ‘‘December 31, ber 1, 2010 and ending March 4, 2011’’; 2010’’ and inserting ‘‘March 4, 2011’’. The SPEAKER pro tempore. Pursu- (J) in subparagraph (J) by striking ‘‘$6,725,000 (d) OBLIGATION CEILING.—Section 3040(7) of ant to House Resolution 1782, the mo- for the period beginning October 1, 2010 and the SAFETEA–LU (Public Law 109–59; 119 Stat. tion shall be debatable for 1 hour ending December 31, 2010’’ and by inserting 1639, is amended to read as follows— equally divided and controlled by the ‘‘$11,423,000 for the period beginning October 1, ‘‘(7) $4,462,196,000 for the period beginning chair and ranking minority member of October 1, 2010, and ending March 4, 2011, of 2010 and ending March 4, 2011’’; the Committee on Appropriations. (K) in subparagraph (K) by striking ‘‘$875,000 which not more than $3,550,376,000 shall be from for the period beginning October 1, 2010 and the Mass Transit Account.’’. The gentleman from Wisconsin (Mr. ending December 31, 2010’’ and by inserting (e) PROJECT AUTHORIZATIONS FOR NEW FIXED OBEY) and the gentleman from Cali- ‘‘$1,486,000 for the period beginning October 1, GUIDEWAY CAPITAL PROJECTS.—Section 3043 of fornia (Mr. LEWIS) each will control 30 2010 and ending March 4, 2011’’; SAFETEA–LU (Public Law 109–59; 119 Stat. minutes. (L) in subparagraph (L) by striking 1640) is amended in subsections (b) and (c) by The Chair recognizes the gentleman ‘‘$6,250,000 for the period beginning October 1, striking ‘‘December 31, 2010’’ and inserting from Wisconsin. 2010 and ending December 31, 2010’’ and by in- ‘‘March 4, 2011’’. Mr. OBEY. Madam Speaker, I have (f) ALLOCATIONS FOR NATIONAL RESEARCH AND serting ‘‘$10,616,000 for the period beginning Oc- only one speaker on this side. tober 1, 2010 and ending March 4, 2011’’; TECHNOLOGY PROGRAMS.—Section 3046 of (M) in subparagraph (M) by striking SAFETEA–LU (49 U.S.C. 5338; 119 Stat. 1706) is I reserve the balance of my time. ‘‘$116,250,000 for the period beginning October 1, amended— Mr. LEWIS of California. I, too, will 2010 and ending December 31, 2010’’ and by in- (1) in subsection (c)(2), by striking ‘‘December be brief. serting ‘‘$197,465,000 for the period beginning 31, 2010’’ and inserting ‘‘March 4, 2011’’, and by Madam Speaker, Christmas is almost October 1, 2010 and ending March 4, 2011’’; and striking ‘‘25 percent’’ and inserting ‘‘155⁄365ths’’. here, and we are no closer to having a (N) in subparagraph (N) by striking (2) In subsection (d)— budget for this fiscal year—that began ‘‘$2,200,000 for the period beginning October 1, (A) by striking ‘‘2010’’ and inserting ‘‘2011’’; in October—we are no closer than we and 2010 and ending December 31, 2010’’ and by in- were last Christmas regarding that serting ‘‘$3,736,000 for the period beginning Oc- (B) by striking ‘‘2009’’ and inserting ‘‘2010’’. BEY tober 1, 2010 and ending March 4, 2011’’. SEC. 2308. LEVEL OF OBLIGATION LIMITATIONS. work. As Mr. O would say, I have (b) CAPITAL INVESTMENT GRANTS.—Section (a) HIGHWAY CATEGORY.—Section 8003(a) of minimum high regard for the process 5338(c)(6) of title 49 United States Code, is SAFETEA–LU (2 U.S.C. 901 note; 119 Stat. 1917) that has led us to this moment. amended to read as follows: is amended— The House managed to pass just two ‘‘(6) $849,315,000 for the period of October 1, (1) in paragraph (6) by striking ‘‘for the pe- appropriations bills this year. I under- 2010 through March 4, 2011.’’. riod beginning on October 1, 2009, and ending stand the Senate passed none, I heard (c) RESEARCH AND UNIVERSITY RESEARCH CEN- on September 30, 2010,’’ and inserting ‘‘for fiscal earlier. The remaining 10 bills never TERS.—Section 5338(d) of title 49, United States year 2010,’’; and even received full committee consider- Code, is amended— (2) by striking paragraph (7) and inserting the (1) in paragraph (1), in the matter preceding following: ation. The House has dithered away the subparagraph (A), by striking ‘‘$17,437,500 for ‘‘(7) for the period beginning October 1, 2010, year on insignificant suspension bills. the period beginning October 1, 2010, and ending and ending on March 4, 2011, $18,035,192,815.’’. We have named hundreds of post offices December 31, 2010’’ and inserting ‘‘$29,619,000 (b) MASS TRANSIT CATEGORY.—Section 8003(b) and praised every sports team in Amer- for the period beginning October 1, 2010 and of SAFETEA–LU (2 U.S.C. 901 note; 119 Stat. ica. But the House has failed in com- ending March 4, 2011’’; 1917) is amended— pleting its essential work, the work we (2) paragraph (3)(A)(ii) is amended to read as (1) in paragraph (6) by striking ‘‘for the pe- were elected to do, that is, passing a follows: riod beginning on October 1, 2009, and ending ‘‘(ii) OCTOBER 1, 2010 THROUGH MARCH 4, 2011.— on December 31, 2010,’’ and inserting ‘‘for fiscal budget for the new fiscal year. Of amounts authorized to be appropriated for year 2010,’’; and This isn’t exactly how any of us envi- the period beginning October 1, 2010, through (2) by striking paragraph (7) and inserting the sioned we would be wrapping up our March 4, 2011, under paragraph (1), the Sec- following: legislative business this year; but with

VerDate Mar 15 2010 06:28 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00122 Fmt 4634 Sfmt 0634 E:\CR\FM\A21DE7.092 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 21, 2010 CONGRESSIONAL RECORD — HOUSE H8909 the hour growing late, it appears that Jeff is well known and highly respected see a master at work. We use that we are limping into the new year with by every member of the Appropriations phrase from time to time. In the case another short-term CR. And that is the Committee, our leadership, and the of DAVE OBEY, it is an understatement. best that we can do under these cir- Members of the House. The commit- I sometimes think, when he’s working, cumstances. tee’s loss is indeed a loss for the entire of the phrase, you’ll understand when I do want to commend our colleagues House. Jeff is one of the finest individ- you understand, because when DAVID in the Senate for making the right de- uals with whom I’ve worked for over 15 sees so far down the road from the rest cision and resisting the temptation to years, and I ask the House to join me of us, sometimes we’re not quite up vote for a legislative Christmas tree, in wishing him well. Many don’t realize there with him, and then he is always widely known as the 12-bill omnibus. that some 15 years ago Jeff actually right. I don’t know whether he’s a self- This holiday turkey which had grown began with us as an intern and has fulfilling prophecy or he’s just always to nearly 2,000 pages, with a price tag worked his way pretty close to the top, right from the start. of $1.1 trillion, simply collapsed under and he hasn’t broken too many bones For nearly half a century, from de- its own weight. The last thing the on the way. manding open committee hearings, American people wanted for Christmas Madam Speaker, let me close by more transparency in our caucus, eth- was yet another trillion dollars of gov- wishing our colleagues and staff on ics reform, he has been an unyielding ernment spending. So today we are both sides of the aisle a Merry Christ- and unflinching reformer. passing a CR that allows the essential mas and a Happy New Year. Mr. OBEY, again, as I’ve said, was my operations of government to continue I reserve the balance of my time. chairman and, as a chairman, he had into the new year when the real work Mr. OBEY. Madam Speaker, I was in no parallel. He refused to allow meas- of writing fiscally prudent spending error. We have two speakers on this ures designed to harm our air, water, bills can begin. side. and environment into the Federal That work will be guided by our new I now yield 1 minute to the distin- budget. And after 9/11, he reached committee chairman, the gentleman guished Speaker of the House. across the aisle to secure funding for from Kentucky, HAL ROGERS, who will Ms. PELOSI. Madam Speaker, I rise, first responders and the recovery effort be my only speaker this evening, be- not to talk about the continuing reso- and to extend our investment in home- sides myself, and HAL’s full committee lution that is before us, but in praise of land security. Of course he championed Federal in- ranking member, the gentleman from the gentleman from Wisconsin (Mr. vestments in education, and devoted Washington, NORMAN DICKS. I want to OBEY), the chair of the Appropriations his energy to making health insurance wish them both well as they take on Committee. And this, hopefully, will be a right, not a privilege for all. And it their new responsibilities. the last piece of legislation, not that was a special privilege for all of us here While DAVID OBEY and I have not hopefully it’s your last, but hopefully to see DAVE OBEY gavel down the agreed on very much this year, let me it’s the last that this body will hear health care reform bill. It is a well-de- also pause for a second to express my from the Appropriations Committee. served privilege for him, a recognition appreciation to DAVID and wish him And I want to take the time on this by his colleagues in the House that he and his wife, Joan, good health and bill to express the gratitude of our colleagues in the House, to the people of was the one who should do that. happiness as they pursue new opportu- In every hearing in his committee, nities outside of the Congress. our country who care about America’s working families, and to all who care and with every vote, Chairman OBEY sought to strengthen the middle class, b 1810 about a world at peace, to thank Mr. and he acted on the belief that how we And in the most direct and sincere OBEY for his tremendous leadership. I invest the public’s money reflects our way, let me say that DAVID OBEY is rise to celebrate his career and the con- values as a people and will determine passionate about the things that he’s tributions. I think he is one of the the future of our country. passionate about. I don’t agree with greatest appropriators and one of Con- The reach of Mr. OBEY’s achieve- him on many policy issues, but I do gress’ greatest legislative minds. ments has extended nationwide. But want you to know this, DAVID, the For more than four decades he has his first priorities have always been for country and both of our great parties fought in favor on this floor for the the families, the workers, the busi- need an awful lot more people with the people of the Wisconsin seventh dis- nesses, and the communities of his be- kind of passion display. And if we had trict and for America’s middle class. loved district. that we’d get our work done in an en- He is a visionary for a better life for LIHEAP, for one. We always knew tirely different fashion. the American people and a legislative how important low-income—LIHEAP is Before closing, let me make two genius. He has an ability to see around a term of art here, and DAVE OBEY has other brief comments. As frustrating corners, anticipate challenges and op- been a great champion for it, as he has as this year has been for me, I know portunities, and sustain a fight on be- been for Pell Grants and other initia- it’s been an even more frustrating year half of what is right. tives that affect America’s working for the highly professional House Ap- I had the privilege of serving on the families. But the aspirations of his con- propriations Committee. Our com- Appropriations Committee under the stituents, their hopes, their challenges, mittee is blessed with hardworking, leadership of DAVE OBEY. He was my that was his call to action. dedicated people who receive very lit- chairman on the full committee and on Chairman OBEY’s official biography tle credit for the fine work they do. Labor, Health and Human Services, opens with these words: ‘‘Every Amer- They are asked to sacrifice time away and he was chair for a long time of the ican who works hard should be able to from family and friends, and do so will- Foreign Operations Subcommittee of fully share in the bounty of America, ingly, working day and night and Appropriations, which appropriated our and so should their families.’’ This has weekends and even holidays. For that, foreign aid. To that committee, the been DAVE OBEY’s mission statement. and for so much more, I want to ex- Foreign Ops Committee, he brought He has been a transformational figure press my personal thanks to both the the values of middle America to our in Congress. His leadership on behalf of majority and the minority staff of our foreign policy. Values-based, people- the American people, as I said, is un- committee. They are deserving of the oriented, again, in the interest of our surpassed. appreciation of the entire House. And I national security, the strength of our He has been blessed by a wonderful wish the entire House was here to ex- country and recognizing that that family. And we all are grateful to his press that to them by way of their ap- strength was also about our values. wife, Joan, and his sons for sharing plause. He then chaired the Health and DAVID with us. We also want to salute But let me also take just a moment Human Services Subcommittee, where his staff person, his staff director, Bev- to thank my own staff director sitting he measured the strength of our coun- erly Pheto, for her leadership and her beside me, Jeff Shockey, who will be try in another way, in the health, the excellent work, and some might say, leaving the committee to pursue other education, the economic well-being of her patience with this great mind. opportunities after assisting Chairman America’s working families. To see I just have to tell one story on DAVE ROGERS and his staff with transition. him operate on that committee was to OBEY because I just love it so much.

VerDate Mar 15 2010 07:41 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00123 Fmt 4634 Sfmt 0634 E:\CR\FM\K21DE7.143 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8910 CONGRESSIONAL RECORD — HOUSE December 21, 2010 DAVE OBEY, as I mentioned, was the leadership of JERRY LEWIS on our side lightly our solemn obligation to the Chair of the Foreign Ops Sub- of the aisle, both as chairman and as American people in this regard. committee. Some years later, after ranking member of this committee for He has served this institution with CHARLIE WILSON was chair in that, I these last 6 years. He has been gracious great honesty. Regardless of your re- had the privilege of becoming the rank- in every way. He has lent his talent quest, idea, opinion, or question, you ing member on that committee, no and his wisdom to us as we prepare to never have to wonder about where longer in the majority. So when we do business. And not the least, he has DAVID OBEY stands. He is always going went to the floor for the first bill that volunteered his terrific staff, led by to tell it to you straight. And even in we were managing, that I was man- Jeff Shockey, to help us in the transi- holding one of the most powerful posi- aging on the minority side, I was very tion. And I can’t say enough to thank tions in Congress, he never lost sight of prepared and ready and wanted to JERRY LEWIS and all of the staff for all who exactly sent him here—the people please DAVID. the great work that you have done for of Wisconsin’s Seventh District. So I made my case, we won our the country and continue to do. And we To this day, more than 40 years after amendments. I see Congresswoman have got some heavy work cut out for he was elected to Congress, he still LOWEY is here who now chairs the For- you as well, and for the staff. maintains the fierce, dogged deter- eign Ops Committee. And after we won Madam Speaker, in my vocabulary, mination on behalf of the health, edu- our amendments, it was very bipar- one of the most complimentary things cation, safety, and economic oppor- tisan then. It wasn’t that I could say is a person is a difference tunity of the people of Wisconsin. The confrontational. maker. A difference maker sees cir- United States Congress is a better in- But, in any event, after it was fin- cumstances that are not correct and stitution, the people of Wisconsin are ished, and the job was done, I looked to applies wisdom and intelligence and better off today as a result of your DAVID for some sign of something, at perseverance and talent to change. And service. And even though some may de- least that it was over. And DAVID said I can’t think of a bigger difference scribe you in colorful ways, I will al- to me, You did all right, but I think maker—sometimes I thought in the ways be proud to call you a colleague you could have been more diplomatic. wrong direction, but a difference and a dear friend. b 1820 maker—than DAVID OBEY. During my Mr. OBEY. I yield 1 minute to the Now, hearing DAVE OBEY tell me I tenure here, coinciding with his, we distinguished majority leader, the gen- should be more diplomatic, well, have watched him over the years with tleman from Maryland. DAVID, of all the things he is known that tenacity and innovation, some- Mr. HOYER. I thank the gentleman for, diplomacy is not among them. And times blustery, sometimes enter- for yielding. that happened to be on the heels of taining, but always very efficient. And I hesitate to speak of course, lest we running into BARNEY FRANK on my way we will miss DAVID OBEY in this body. get off message, but I am going to take to the rostrum to manage the bill. He This is the last chance that we will that chance in any event. said to me, That suit you have on, give have, perhaps, to say good-bye and best I have had the opportunity of serving it away. It looks terrible on you. wishes. But I think I speak for the en- for a long period of time with Mr. And I thought, In 1 day, I have gotten tire body when we say to DAVID OBEY, LEWIS, Mr. ROGERS, Mrs. LOWEY, Ms. fashion advice from BARNEY FRANK and Thank you for your service to America. DELAURO, Mr. DICKS on the Appropria- diplomacy advice from DAVID OBEY. Thank you for your leadership and tions Committee. I am not sure I see Maybe I will go home and start all over your talent on this committee. And we anybody else who served on that Ap- again, with all due respect to their var- wish you the very best in your future propriations Committee with us. And I ious strengths. endeavors, especially during the next served on the Labor, Health, Human Reformer, visionary, public servant, week as we all celebrate the birth of Services, and Education Subcommittee DAVID OBEY has our gratitude and our the Christ child. of the Appropriations Committee. And appreciation. We will miss him enor- And to Beverly and to Jeff and all of I went on in January of 1983. I won’t go mously. He cannot be replaced. His leg- the staff on both sides of the aisle, the all through every year from 1983 to acy will live long in this body and in long hours that these people put in so today. That would take too long and this country. We will long benefit from that the rest of us can look good per- would bore you stiff. his leadership, his commitment, his haps is not appreciated fully, and we But I had the great privilege of sit- values, his impatience, his eloquence, need to continuously do that. ting just a couple of chairs from the his Archy. His Archy, whose words of So to DAVID OBEY, bon voyage, best gentleman from Wisconsin, who had wisdom have guided us on occasions of luck to you. And thank you, JERRY, been in the Congress some 12 years be- where other eloquence may have fallen for the great service you are rendering fore I came, having been elected in short. your country. 1969. Served over four decades in this The Congress he loves so much will Mr. OBEY. Madam Speaker, I yield 2 body. I will adopt all the words that miss DAVE OBEY. And I hope that he minutes to the distinguished gentle- were ascribed to him by the gentle- leaves here knowing the high regard woman from New York (Mrs. LOWEY). woman from New York, but three that his colleagues hold him in, the Mrs. LOWEY. I thank the chair for words that I would use are ‘‘tough,’’ deep respect we have for his intellect, yielding to me because it’s been such ‘‘courageous,’’ and ‘‘effective.’’ an honor for me to serve with DAVID his boundless energy, and from time to b 1830 time, yes, his humor, and occasionally OBEY, one of the most effective legisla- his diplomacy. tors this body has known. And we are I think the gentleman from Ken- So, Mr. Chairman, thank you. It has so sad to see your service in Congress tucky caught it as well. He is a dif- been an honor to serve with you. I coming to an end. ference maker. I think, Congressman know, again, that I speak for all of our People have described DAVID many ROGERS, your words were very appro- colleagues when I say it is an honor to ways: direct, gruff, cantankerous, and priate, not because you agreed or oth- call you ‘‘colleague.’’ Thank you, Mr. maybe even some words not suitable ers agreed necessarily with the dif- OBEY, for what you have done for our for the CONGRESSIONAL RECORD. But for ference he wanted to make, but you country. me, it has been such a great honor to knew if DAVID OBEY was engaged in an Mr. LEWIS of California. Madam serve with somebody who exemplifies issue, he would make a difference on Speaker, I have only one speaker, but I exactly what a Representative should that issue. am very happy to yield all the time he be. He is one of the most principled leg- From my perspective, the good news might consume to HAL ROGERS, the islators this body has ever known. is DAVID OBEY was almost invariably chairman-elect of the Appropriations DAVID’s critical role in bringing to an engaged on the issues he thought af- Committee. end the Vietnam War, a sad chapter in fected average people, who were not so Mr. ROGERS of Kentucky. Thank American history, is well known. He average at all. Whether it was their you, Mr. LEWIS, for yielding time. understands and takes seriously the education, their health, their housing, It’s been a real pleasure, and I mean congressional role in authorizing war making sure the NIH was trying to find that very sincerely, working under the and peace, and he has never taken cures for diseases that afflicted them,

VerDate Mar 15 2010 06:28 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00124 Fmt 4634 Sfmt 0634 E:\CR\FM\K21DE7.145 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 21, 2010 CONGRESSIONAL RECORD — HOUSE H8911 whether he was standing up to make many of the years that I served, JERRY Ms. DELAURO. He tells the truth sure that people in the cold of winter LEWIS and Vic Fazio from California fearlessly, and he is a patriot in every had heat or in the scorching heat of were chairs of the Legislative appro- sense of the word. summer had air conditioning to keep priations committee, and they worked I will miss DAVID’s commitment, his them healthy, DAVID OBEY could altogether as a team to make this insti- dedication, and his integrity. And ways be counted on as a strong, unwav- tution more effective, better serving though soon no longer to be a col- ering, uncowering voice on behalf of its Members and better enabling its league, he will always be my friend, people who needed a voice. They had a Members to serve the Nation. and I think I know that whenever I am special interest, but they did not have JERRY, I want to thank you for your in trouble, I can pick up the phone and money to hire voices. They needed service as chairman of the committee, say, DAVID, what should I do? voices in this body that we know as the but as a member of the committee and I will miss you deeply, my friend. I people’s House. certainly as chair of the committee will miss you deeply. The people on some 20 occasions re- that didn’t get much publicity and Mr. OBEY. I yield 2 minutes to the distinguished gentleman from Texas turned DAVID OBEY to the Congress of sometimes was a thankless job, but (Mr. EDWARDS). the United States. Maybe it was one was a job that you and Vic did in the Mr. EDWARDS of Texas. Madam more than that, 21 occasions. They re- best traditions of what the American Speaker, DAVID OBEY would be the first turned DAVID OBEY to the Congress of public says it wants—bipartisan co- the United States because they saw in to say our democracy is bigger than operation, positive partnership—and I any one of us, but I come here tonight DAVID OBEY that voice that they need- thank you for that. to say that in the history of Congress, ed and wanted and respected. HAL, I wish you the best of luck as he is truly one of its giants. It is hard DAVID OBEY, in addition to the three you undertake these responsibilities. to imagine Congress without him. He attributes I ascribed to him, is honest. We are losing a giant as DAVID OBEY re- One of the things I most admire in has been a giant of courage, a giant of tires. DAVID OBEY chose to retire. ethics, a giant of insight and wisdom as DAVID OBEY and one of the things I There is no doubt in my mind if he had an institutionalist who believes in this most cherished was his slaying of the chosen to run again, his people would House with all of his heart and soul, dragon of hypocrisy. I don’t think any- have sent him back. and a giant in the fight for everyday thing angered DAVID OBEY more than So, DAVID OBEY, you have been a citizens who often don’t have a voice seeing hypocrisy. There is too much great Member of this Congress. You speaking for them. hypocrisy, where we say, Oh, we are for have served your country, your State, 1840 this, and then we vote for that, or vice and our people well. We are, all of us, b versa. We could always count on DAVID in your debt. Godspeed. I want to pay special tribute to saying, Hey, you want to be honest? Mr. OBEY. I yield 2 minutes to the Chairman OBEY for what he has done so Stop posing for holy pictures. distinguished gentlewoman from Con- quietly behind the scenes for America’s I am sure that has been mentioned necticut (Ms. DELAURO). veterans. He has been their unsung during the course of this, because there Ms. DELAURO. I met DAVID OBEY 20 hero. In the 4 years that he has chaired is a famous phrase that we all remem- years ago. I was elected to this body, the Appropriations Committee—these ber by DAVID OBEY. By that, he meant, never having run for office before. I past 4 years—we have ended up, under of course, be real. Don’t try to flim- came to the freshman orientation. I sat his leadership and in partnership with flam the public. Stand up for what you at the end of a long table and I listened Speaker PELOSI, with 3,000 new VA doc- believe in, not what you think people to people come in and tell us what we tors, 13,000 new VA nurses, and 145 new want to hear. And we had no better ex- needed to know about this institution. VA community clinics. All of that ample and no more faithful example of And I listened to one DAVID OBEY at means better care, more timely care, that performance than DAVID OBEY. the far end of the table, from Wis- more quality care for America’s heroes I want to thank DAVID OBEY. I want and their families. It means respect to to thank him for being my friend. I consin, and he spoke about appropriations and he spoke about the budget those who serve—respect with our want to thank him for being an exam- deeds and not just with words. ple of what Members of Congress ought process and the Budget Committee, et cetera. And I said to myself, My god, The greatest tribute I can pay as a to be. I want to thank him for being a father to DAVE OBEY is he has truly steadfast, faithful voice for the people what have I done? I am in so far over my head, I am never going to make it. made a difference for my family and who needed a voice, a leader on behalf for the American family. Perhaps the Over 20 years, DAVID OBEY has be- of the principles that I think this coun- greatest tribute he could hear, though, come one of my dearest friends, my try was speaking about when it said is that, I would say if Archy the Cock- mentor, and, yes, we do conspire to try that we establish a government to pro- roach and Richard Bolling were here to do good things. He has shown me the tect the general welfare. DAVID OBEY today on the floor of this House, they power of this great institution and how believed that to his very core, and would say, Mr. Chairman, job well it can change people’s lives, to make every day of his service his belief was done. manifest in his actions. opportunity real for people, for ordi- It has been a privilege to work with I also want to thank my friend JERRY nary people. He is a smart, he is a you and to learn from you. You will LEWIS. Every day that I served on the savvy legislator. No one knows more have left this country a better place. Appropriations Committee, I served about the issues, about the politics, For that, we all thank you and salute with JERRY LEWIS, and almost every and about the process and about get- you. day with HAL ROGERS. HAL came a lit- ting it done. Mr. OBEY. I yield 2 minutes to the tle after JERRY and I came to the com- He is incorruptible, and, as many distinguished gentleman from Wash- mittee. know, he does not suffer fools. And he ington (Mr. DICKS). One of the things that I recall to peo- is a real flesh-and-blood human being. Mr. DICKS. First of all, I want to ple about this committee is that for He has passion on the issues that we thank DAVID OBEY for all the help that most of my service, not all of my serv- deal with, and they are based on a he has given me over my entire career. ice, unfortunately, but for most of my wellspring of values. Born and raised in I can remember the first weekend I was service it was arguably the most bipar- a working class family in Wisconsin, he going to be on the committee, I called tisan committee in the Congress of the knows what the struggle is about. He him at home and I said, Do you think United States, where we worked to- has walked in the shoes of the people of I can offer this amendment to change gether, made determinations together. this country, and he knows that it is the size and ratio of subcommittees? And, yes, there were differences, but we this great institution that can turn it And he says, They’ll never let you do did so in a civil, collegiate way that around. it, but I’ll vote for it because it’s the the American public I think would The SPEAKER pro tempore. The right thing to do. That’s how I first have appreciated. time of the gentlewoman has expired. met DAVID OBEY. JERRY LEWIS has been someone who Mr. OBEY. I yield the gentlewoman 1 After 30 years, when I became chair- has focused on our institution. For additional minute. man of the Interior Appropriations

VerDate Mar 15 2010 07:41 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00125 Fmt 4634 Sfmt 0634 E:\CR\FM\K21DE7.148 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8912 CONGRESSIONAL RECORD — HOUSE December 21, 2010 Subcommittee, I relied on him greatly heart. So I have been intrigued with they best reflect his Midwestern values for a good 302(b) allocation. Because of that, as have many colleagues, and and his progressive attitudes. I asso- that, good 302(b) allocation we were have learned a great deal from DAVE ciate myself with those values and able to do some incredible things. We OBEY about that history, but also from those attitudes, which makes it espe- had been working together on the na- our day-to-day association. He has an cially pleasurable to be a part of his tional parks. We had worked on the incomparable knowledge of the history team. fish and wildlife refuges. We had of this place, a mastery of the House I’m sure it’s been mentioned here be- worked on improving the arts and hu- and a great loyalty to the institution, fore that DAVID served in Congress for manities. And the Interior appropria- and a desire to make it work better. a long time and that he came to the tions bill I know was one that DAVID We all know that and admire him for Congress as the youngest Member when enjoyed immensely because he always it. he came, at 30 years old, and he’s was asking me, How’s this going? In more recent years, DAVE has been served 42 years. So, do the math. And How’s that going? best known as the distinguished rank- now he’s voluntarily retiring from this And I just want to thank him for ev- ing member and then chairman of the institution, having left a very distin- erything that he’s done in the last few Appropriations Committee. He has ex- guished record from the beginning. Ar- days and over the years. He has been a emplified what those of us on the Com- riving with new ideas about how the tremendous leader. He has done great mittee like to think of as the spirit of Congress ought to operate and how it things for this country. Our natural re- appropriations—the work ethic and ought to be more open and how it sources are stronger because of DAVID mastery of the bills; the careful draft- ought to be more embracing of new OBEY. And I have enjoyed being with he ing, line by line; the holding of the ad- Members, he was extremely effective in and Joan at Zion and out at Olympic ministration accountable, no matter implementing those ideas, moving on National Park this year. We’ve had which party is in charge in the White through his career to higher respon- some wonderful experiences. House; and the sense that appropria- sibilities and becoming, ultimately, I want to say to my friend, JERRY tions—the power of the purse—is really chairman of, as we refer to it, the pow- LEWIS, who’s done a great job, JERRY at the heart of this institution’s con- erful Appropriations Committee. and I have been friends. We traveled to- stitutional role. We need to do appro- b 1850 gether. When I became chairman of the priations well, we need to do it coop- Defense Subcommittee after the loss of eratively, and we need to assert our- The SPEAKER pro tempore. The our great friend, Jack Murtha, JERRY selves as an institution, calling the ex- time of the gentleman has expired. and JEFF went with me on almost ecutive agencies to account. Mr. OBEY. I yield the gentleman 1 every single trip to help me, to be The SPEAKER pro tempore. The additional minute. there, and to show support. It made a time of the gentleman has expired. Mr. MOLLOHAN. His values that he great difference. I want to say, JERRY, Mr. OBEY. I yield the gentleman 30 came here with he continued to want I will always remember it. additional seconds. to express. It was very important for HAL, I look forward to next year. Mr. PRICE of North Carolina. DAVID him to continue his service as chair- We’ll work together. I hope that we can OBEY has been a master of procedure man of the Labor, HHS, Education have a successful year; that we can get and strategy, a masterful chairman of Subcommittee where he could really these bills passed. You will have my co- appropriations. affect all of those constituencies, operation. Finally, let me say this: Sometimes which really allowed him to do those Again, Bev and all the staff, those it’s thought around here that in order things that were important to him and are the people—Paul Juola is here from to be effective, in order to be well to express that progressive attitude. the Defense Subcommittee. I’ve never liked, in order to do the job, you’ve got Madam Speaker, DAVID OBEY has seen people work as hard as the staff of to be a go-along, get-along kind of guy. been a real contribution to the United the House Appropriations Committee. Well, that is not DAVE OBEY. In fact, States Congress. During his career— They’re there every day, night, week- it’s precisely because of his forceful- and it will be lasting after his career— ends. It’s amazing to me the work that ness, precisely because of his passion his mark has been indelible in the re- they put in. I just appreciate so much, for justice, his unyielding determina- forms that are reflected in how we do having been a former staffer myself, business here. I don’t know of a person how much more professionalism and tion to fight for what he believes in, in the institution who could have as- how much more capability this staff that he has our respect and affection and the effectiveness in this institution similated within the appropriations has. DAVID, you and Bev built a great process—the rules and changes in pro- staff, and we hope to keep that staff. that he has. In that respect, as in so Thank you for your help and thank many others, he’s been a role model for cedures in the way we did business in you for your friendship. us all, and I’m proud to join in this sa- response to legitimate concerns about Mr. OBEY. I yield 2 minutes to the lute here tonight. the appropriations process—better distinguished gentleman from North Mr. OBEY. I yield 2 minutes to the than DAVID OBEY. It was his ability to Carolina (Mr. PRICE). distinguished gentleman from West separate the chaff from the grain, to Mr. PRICE of North Carolina. Madam Virginia (Mr. MOLLOHAN). understand what were legitimate ex- Speaker, when I realized this tribute Mr. MOLLOHAN. Madam Speaker, pressions of concern about the appro- was underway, this spontaneous trib- I’m pleased to stand up and have the priations process, his ability to deal ute on the floor of the House, I rushed opportunity and honor to say a few with them, and his embracing the pre- over here because I very much want to words about the distinguished chair- rogatives of the appropriations process. add my word of respect and commenda- man of the Appropriations Committee, At the same time, we recognize the tion and friendship as we recognize my chairman, DAVID OBEY. We all oper- process of the legislative branch re- DAVE OBEY’s years of service in this ate on teams here in the Congress. I’m flects that which will really be his leg- body and his retirement. especially proud to be on DAVID OBEY’s acy. I have been drawn to DAVE and his team, serving as one of the chairmen of Madam Speaker, thank you for al- knowledge of this institution, to his one of the subcommittees under lowing me to say a few words. I want to mentorship and leadership, ever since DAVID’s jurisdiction. personally thank DAVID OBEY for his my earliest days here. I came here DAVID has long distinguished himself personal considerations. from a background as a student of the in public service. He started in the Wis- Mr. LEWIS of California. Madam Congress; here was actually an archi- consin Assembly in 1963, and served Speaker, I had indicated I had no addi- tect of the modern Congress, generous until 1969. At the beginning of his cational speakers, but with this display with stories and accounts of his early reer he may have stumbled into the of love and affection this evening, my days here with the Democratic Study wrong political party. But seeing the colleague, TOM COLE from Oklahoma, Group and the reforms that trans- Joe McCarthy experience, he soon just had to come down for a couple of formed this place in the 1970s. learned and developed an aversion for minutes. He has carried that spirit of reform duplicity and felt that the Democratic I yield 2 minutes to the gentleman forward, and is still a reformer at Party was the home for him. I think from Oklahoma (Mr. COLE).

VerDate Mar 15 2010 06:28 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00126 Fmt 4634 Sfmt 0634 E:\CR\FM\K21DE7.150 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 21, 2010 CONGRESSIONAL RECORD — HOUSE H8913 Mr. COLE. I thank the gentleman for I would be remiss not to talk about Midwest know what we are losing as he allowing me to have time. my friend Chairman OBEY as well. chooses to leave this institution. Madam Speaker, I must admit I was Frankly, I’d heard about Chairman I want to thank him for all he has in my office, signing letters, with the OBEY—again, before I’d ever arrived— done for the Great Lakes Region, for television off—muted—when I noticed a from my old boss, Mickey Edwards. the people of Ohio, for our country, and succession of Democratic speakers, Mickey Edwards told me he was often for setting a standard, for those who which, as a former NRCC chairman, wrong but always honest, and you follow, that will be very, very hard to was a horror to just watch one after could deal with him. Indeed, I found meet and that will probably never be the other. I thought we must be getting that to be the case on the last two fully met. beaten to death down there. What’s points, not necessarily on the first. He I want to thank this great Badger for going on? has been a wonderful chairman, a won- his years of service to America and So I flipped on the sound, actually, derful colleague, somebody who is a helping move liberty forward. just in time to see Mr. ROGERS from credit to this institution and a credit God bless you and your family, DAVE. Kentucky come on, and I thought this to his district. I think he defines, as Mr. LEWIS of California. Madam is actually some sort of bipartisan my friend Mr. LEWIS does, who and Speaker, I am more than happy to ex- lovefest going on. We don’t have a lot what a chairman ought to be and how press my deep appreciation for the of that around here, and I wanted to a Member of this body ought to act. service of DAVID OBEY. get down and participate. If everybody in America knew these I yield back the balance of my time. You know, this is not, frankly, a very two gentlemen, the opinion of this in- GENERAL LEAVE good time to be a Member of Congress. stitution would be enormously higher. Mr. OBEY. Madam Speaker, I ask None of us are held in high esteem by Mr. OBEY. Madam Speaker, we real- unanimous consent that all Members the American public. I think it is an ly do need to bring this to a conclu- have 5 legislative days to revise and ex- even more difficult time, quite frankly, sion, so I yield 1 minute to the last tend their remarks and to include ex- to be a member of the Appropriations speaker, the gentleman from Vermont traneous material on the pending legis- Committee because there are times (Mr. WELCH). lation. when I think we’re not held in much Mr. WELCH. Thank you. The SPEAKER pro tempore. Is there esteem by our own colleagues. I have You know, the challenge, I think, objection to the request of the gen- heard so many things from some of our every person who is elected to Congress tleman from Wisconsin? good friends on the authorizing com- faces is: How do you challenge the in- There was no objection. mittees that I think they forget the stitution but respect it? How do you Mr. OBEY. Madam Speaker, I appre- very simple fact that they always au- stretch the limits but abide by tradi- ciate all of the kind words that have thorize more money than we spend on tion and see its importance? been said about me tonight. I must the Appropriations Committee and DAVID OBEY has managed, over the confess that I sometimes am more at that we are usually left with the tough course of a long career, to do it. ease when I am being pummeled than job of reconciling differences that have He came here as a young man, aged been unresolved on the authorizing when I am being praised, but maybe 30. When he came here and saw what that’s just my quirky character. committees. It is something that needs was here, he didn’t like everything he to be experienced by every Member of saw, and he did challenge it. He moved b 1900 Congress before they appreciate the up in the hierarchy here, out of turn, Let me simply say that this is the magnitude and the quality of the work faster than many people thought he last time that I will be making any that goes on on this particular com- should because he did challenge the in- comments on this floor. I want to mittee. stitution, but he did it in a way that he thank the Members on both sides of the I had the opportunity to know my respected what the Congress had to do aisle for their courtesies over the past good friend Chairman LEWIS many, 42 years, and I want to say that it has many years ago. In 1991, I arrived in as an institution. You know, people talk about his iras- been a privilege for each and every one Washington, D.C., to be the executive cible temper, or his irascibility, but he of us, whether we have served here one director of the National Republican term or 21 or even more, it is a privi- Congressional Committee. I had been leaves with the same passion to chal- lege for all of us to have been sent to here a few weeks when, all of a sudden, lenge the institution—to challenge its this place, to the people’s House. I can I got a message that I needed to go limits but to respect fundamentally think of no greater privilege and you over and see my friend, who was the that this institution has traditions cannot. This is the only place in the conference chairman. I thought I’ve that we all are custodians of. When we government that you have to be elect- only been in town a month, and I’ve al- are at our best, we manage to do both. ed in order to occupy our jobs. In the ready managed to offend one of the DAVID OBEY, over a long career, you Senate you don’t have to be elected. most powerful Republicans in Con- have done that. Thank you very much. Even in the Presidency, you don’t have gress. I actually brought a staff mem- Mr. OBEY. I yield 1 minute to the ber with me so that, if I were in real distinguished gentlewoman from Ohio to be elected under quirky cir- trouble, the staff guy and the addi- (Ms. KAPTUR). cumstances, and I think all of us can tional staff guy could handle the prob- Ms. KAPTUR. I thank the gentleman be proud of that distinction. lems. for yielding. Let me also say, Madam Speaker, The SPEAKER pro tempore. The Madam Speaker, it is very hard to that I do think I need to say at least a time of the gentleman has expired. find an honest man in life, and I would word or two about the subject at hand, Mr. LEWIS of California. I yield the like to place on the record that DAVID this piece of legislation. John Wesley gentleman 1 additional minute. OBEY is an honest man and that he said that his rule for living was this: do Mr. COLE. We chatted for a minute, served the people of his district admi- all the good you can, by all the means and the gentleman immediately said, rably all these years. Some have won- you can, in all the ways you can, in all Well, actually, I just wanted to get to dered about his contentious nature on the places you can, at all the times you know you because I’d heard a couple of occasion, but you’d really have to un- can, to all the people you can, as long nice things about you. derstand what a ‘‘Badger’’ is to know as ever you can. Since that time, he has been nothing where that all comes from. I wish I could say that this legisla- but kind and generous to me. Frankly, He has been a phenomenal husband, tion lived up to that lofty goal. It does I’ve watched him define what a Mem- as I know his wife agrees, and has been not. It has many, many shortcomings. ber and an appropriator ought to be a very, very good father. He has been a The only reason for supporting this year in and year out in the minority friend to all the Members who have legislation today—and it is an over- and in the majority. He has just abso- served. He has treated us fairly, and his riding one—is to keep the government lutely served this body with incredible brilliance reflected in his books and in operating. If I were to vote my pref- class and incredible character and in- the laws and in the efforts that he has erences, I would vote ‘‘no’’ because I credible professionalism every single made here over decades and decades believe we should have before us today day he has been here. simply cannot be replaced. We from the a continuing resolution for the rest of

VerDate Mar 15 2010 06:28 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00127 Fmt 4634 Sfmt 0634 E:\CR\FM\K21DE7.153 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8914 CONGRESSIONAL RECORD — HOUSE December 21, 2010 the fiscal year. The only reason we do he hadn’t been so good, but I do appre- Foster Lowey Ruppersberger Frank (MA) Luja´ n Ryan (OH) not is because only in the United ciate the work that he has done. Fudge Lynch Sa´ nchez, Linda States Senate can you get a majority And, lastly, I do not know what I Garamendi Maloney T. of votes for any proposition and still would have done without Beverly Gonzalez Markey (CO) Sarbanes lose because of their peculiar rules. Pheto as the chairman of the Appro- Gordon (TN) Markey (MA) Schakowsky I think the difference between the Grayson Marshall Schauer priations Committee. She is an abso- Green, Al Matsui Schiff way our two respective parties have lute true professional. She has imagi- Grijalva McDermott Schrader handled similar situations is inter- nation, she has courage, she has stam- Hall (NY) McGovern Schwartz esting. ina, and most of all, she has an amaz- Halvorson McNerney Scott (GA) Four years ago, when our party took Hare Meek (FL) Scott (VA) ing ability to put up with me, and that Harman Meeks (NY) Serrano control after 12 years of rule by our alone ought to get her the Congres- Hastings (FL) Miller (NC) Sestak friends on the other side of the aisle, sional Medal of Honor. Heinrich Miller, George Shea-Porter the outgoing Republican majority Higgins Minnick Sherman So, with that, I would simply say Himes Mollohan Shuler chose to simply dump most of the work good-bye to you-all, and I would hope Hinchey Moore (WI) Skelton for that fiscal year onto the incoming that we would cast a responsible vote Hirono Moran (VA) Slaughter Democratic majority by passing a so that we can get about the country’s Holden Murphy (CT) Snyder short-term CR. That meant that we Holt Murphy (NY) Space business next year, even though many Hoyer Murphy, Patrick Speier had to spend the first 2 months dealing of us will not be here to participate. Inslee Nadler (NY) Spratt with the previous year’s business rath- Mr. VAN HOLLEN. Madam Speaker, I rise Israel Napolitano Stupak er than being able to start with a clean in support of this Continuing Resolution, which Jackson (IL) Oberstar Sutton slate in dealing with new problems. Jackson Lee Obey Teague will fund government operations at FY 2010 (TX) Olver Thompson (CA) In contrast, today’s outgoing Demo- levels through March 4, 2011. Johnson (GA) Owens Thompson (MS) cratic majority has tried mightily to Madam Speaker, this bill is not my first Johnson, E. B. Pallone Tierney Kagen Pascrell Titus clear the deck for the incoming Repub- choice, or even my second choice. And I don’t lican majority by producing a full-year Kaptur Payne Tonko think anyone believes our country is well- Kildee Perlmutter Towns CR, which attempts to compromise by served by having its government run on a se- Kilroy Peters Tsongas producing funding levels that were $46 ries of short-term funding measures. But since Kind Peterson Van Hollen Kirkpatrick (AZ) Pingree (ME) Vela´ zquez billion below the President’s budget the Senate was apparently unable to act on and which amounted to a freeze at the Kissell Polis (CO) Walz either the House-passed year- long Continuing Klein (FL) Pomeroy Waters previous year’s level. Passage of that Resolution, or an Omnibus spending package, Kosmas Price (NC) Watson legislation would have meant that the we are left with today’s resolution. Langevin Quigley Watt incoming Republican majority would Larsen (WA) Rahall Waxman When the 112th Congress convenes, I sin- be able to start with a clean slate in Larson (CT) Rangel Weiner cerely hope we will be able to return to regular Levin Richardson Welch working with the President on a whole order and enact annual, fully vetted, fiscally Lewis (GA) Ross Wilson (OH) host of major problems. Lipinski Rothman (NJ) Woolsey responsible spending bills that reflect the But, instead, we are here today con- Loebsack Roybal-Allard Yarmuth pliorities and values of our nation. fronted with this legislation, which ex- Mr. OBEY. I yield back the balance NAYS—165 pires on March 4 and which will require of my time Aderholt Gallegly Mica the incoming Republican majority to The SPEAKER pro tempore. Pursu- Akin Garrett (NJ) Michaud spend the first 2 months of its steward- ant to House Resolution 1782, the pre- Alexander Gerlach Miller (FL) ship dealing with last year’s business. I Austria Giffords Miller (MI) vious question is ordered. think that’s unfortunate. Through the Bachmann Gingrey (GA) Murphy, Tim Bachus Gohmert Myrick use of the Senate filibuster, it has been The question is on the motion by the gentleman from Wisconsin (Mr. OBEY). Bartlett Goodlatte Neugebauer assured that we could not complete a Biggert Graves (GA) Nye full-year CR. That action simply mir- The question was taken; and the Bilbray Graves (MO) Olson rors the procedural resistance with Speaker pro tempore announced that Bilirakis Guthrie Paul the ayes appeared to have it. Bishop (UT) Hall (TX) Paulsen which we have been faced all year long Blackburn Harper Pence with the Senate minority engaging in Mr. LEWIS of California. Madam Blunt Hastings (WA) Perriello more than 87 filibuster actions in order Speaker, on that I demand the yeas Boccieri Hensarling Petri and nays. Boehner Herger Pitts to grind matters to a halt and frustrate Bono Mack Hoekstra Platts the Congress’ ability to do anything on The yeas and nays were ordered. Boozman Hunter Poe (TX) the budget front by majority vote. The SPEAKER pro tempore. Pursu- Boustany Inglis Posey That is unfortunate; but at this late ant to clause 8 of rule XX, this 15- Brady (TX) Issa Price (GA) minute vote on the motion to concur Broun (GA) Jenkins Putnam date, there is no point in arguing. The Buchanan Johnson (IL) Reed die is cast, obviously. The only respon- will be followed by a 5-minute vote on Burgess Jordan (OH) Rehberg sible choice at this point is to recog- suspending the rules with regard to Burton (IN) King (IA) Reichert H.R. 6547. Cantor Kingston Rodriguez nize reality, even though that means Capito Kline (MN) Roe (TN) that the early days of the next Con- The vote was taken by electronic de- Carter Kratovil Rogers (AL) gress will be unnecessarily confronta- vice, and there were—yeas 193, nays Cassidy Kucinich Rogers (KY) tional and partisan. It means that, on 165, not voting 75, as follows: Castle Lamborn Rogers (MI) Chaffetz Lance Rohrabacher budget issues, most of next year will [Roll No. 662] Childers Latham Rooney simply be about demonstrating polit- YEAS—193 Coffman (CO) LaTourette Ros-Lehtinen Cole Latta Roskam ical leverage rather than working Ackerman Capps Dahlkemper Conaway Lee (NY) Royce Altmire Capuano Davis (AL) through honest, substantive differences Connolly (VA) Lewis (CA) Ryan (WI) Andrews Cardoza Davis (CA) to reasonable conclusions. Because of Davis (KY) LoBiondo Scalise Arcuri Carnahan Davis (TN) DeFazio Lucas Schmidt that, I most reluctantly, but firmly, Baldwin Carney DeGette Dent Luetkemeyer Sensenbrenner suggest an ‘‘aye’’ vote. Barrow Carson (IN) DeLauro Diaz-Balart, M. Lummis Sessions Bean Castor (FL) Dicks I want to take an additional minute Djou Lungren, Daniel Shadegg Becerra Chandler Dingell to thank two people in this Chamber Doggett E. Shimkus Berkley Clarke Donnelly (IN) Dreier Mack Shuster who the public will never know, but Berman Cleaver Driehaus Duncan Maffei Simpson Bishop (GA) Clyburn Edwards (MD) there are many, many of them over Ehlers Manzullo Smith (NE) Bishop (NY) Cohen Edwards (TX) Capitol Hill who work day in and day Emerson Matheson Smith (NJ) Bonner Conyers Ellison Flake McCaul Smith (TX) out to produce a better country, and Boren Cooper Ellsworth Fleming McClintock Stearns the public never knows their names. Boswell Costa Engel Forbes McCollum Stutzman Boucher Courtney Eshoo One of them with us tonight is Jeff Fortenberry McCotter Sullivan Brady (PA) Critz Etheridge Shockey, who has done an admirable Foxx McHenry Taylor Braley (IA) Crowley Farr Franks (AZ) McIntyre Terry job as minority staff director on the Brown, Corrine Cuellar Fattah Frelinghuysen McKeon Thompson (PA) committee for years. Sometimes I wish Butterfield Cummings Filner

VerDate Mar 15 2010 07:41 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00128 Fmt 4634 Sfmt 0634 E:\CR\FM\K21DE7.158 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 21, 2010 CONGRESSIONAL RECORD — HOUSE H8915 Thornberry Visclosky Wittman Castor (FL) Kanjorski Putnam NOT VOTING—99 Tiahrt Walden Wolf Chaffetz Kaptur Quigley Adler (NJ) Doyle McCarthy (NY) Tiberi Westmoreland Wu Chandler Kildee Rahall Baca Duncan McGovern Turner Whitfield Childers Kilroy Rangel Baird Emerson McMahon Upton Wilson (SC) Clarke Kind Reed Barrett (SC) Fallin McMorris Cleaver Kirkpatrick (AZ) Rehberg Barton (TX) Frank (MA) Rodgers NOT VOTING—75 Clyburn Kissell Reichert Berry Gallegly Melancon Adler (NJ) Diaz-Balart, L. McMorris Coffman (CO) Klein (FL) Richardson Blackburn Gordon (TN) Miller, Gary Baca Doyle Rodgers Cohen Kline (MN) Rodriguez Blumenauer Granger Mitchell Baird Fallin Melancon Cole Kosmas Roe (TN) Boccieri Green, Gene Moran (KS) Barrett (SC) Granger Miller, Gary Connolly (VA) Kratovil Rogers (AL) Boehner Griffith Neal (MA) Barton (TX) Green, Gene Mitchell Conyers Kucinich Rogers (KY) Boucher Gutierrez Nunes Berry Griffith Moore (KS) Costa Lance Rogers (MI) Boyd Harman Ortiz Blumenauer Gutierrez Moran (KS) Courtney Langevin Rohrabacher Bright Heller Pastor (AZ) Boyd Heller Neal (MA) Critz Larsen (WA) Rooney Brown (SC) Herseth Sandlin Perlmutter Bright Herseth Sandlin Nunes Crowley Larson (CT) Ross Brown-Waite, Hill Price (GA) Brown (SC) Hill Ortiz Cuellar Latham Rothman (NJ) Ginny Hinojosa Radanovich Brown-Waite, Hinojosa Pastor (AZ) Cummings Latta Roybal-Allard Buyer Hodes Reyes Ginny Hodes Radanovich Dahlkemper Levin Royce Calvert Honda Ros-Lehtinen Buyer Honda Reyes Davis (CA) Lewis (CA) Ruppersberger Camp Hoyer Roskam Calvert Johnson, Sam Rush Davis (KY) Lewis (GA) Ryan (OH) Campbell Johnson (IL) Rush Camp Jones Salazar Davis (TN) LoBiondo Sa´ nchez, Linda Cao Johnson, Sam Ryan (WI) Campbell Kanjorski Sanchez, Loretta DeFazio Loebsack T. Cardoza Jones Salazar Cao Kennedy Schock DeGette Lowey Sarbanes Chu Kennedy Sanchez, Loretta Chu Kilpatrick (MI) Sires DeLauro Lucas Scalise Clay Kilpatrick (MI) Schock Clay King (NY) Smith (WA) Dent Luetkemeyer Schakowsky Coble King (NY) Sires Coble Lee (CA) Stark Diaz-Balart, M. Luja´ n Schauer Cooper Lamborn Smith (WA) Costello Linder Tanner Dicks Lummis Schiff Costello LaTourette Stark Crenshaw Lofgren, Zoe Wamp Dingell Lungren, Daniel Schmidt Crenshaw Lee (CA) Tanner Culberson Marchant Wasserman Djou E. Schrader Culberson Lee (NY) Tiberi Davis (IL) McCarthy (CA) Schultz Doggett Lynch Schwartz Davis (AL) Linder Wamp Delahunt McCarthy (NY) Young (AK) Donnelly (IN) Mack Scott (GA) Davis (IL) Lipinski Wasserman Deutch McMahon Young (FL) Dreier Maffei Scott (VA) Delahunt Lofgren, Zoe Schultz Driehaus Maloney Sensenbrenner Deutch Marchant Young (AK) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Edwards (MD) Manzullo Serrano Diaz-Balart, L. McCarthy (CA) Young (FL) Edwards (TX) Markey (CO) The SPEAKER pro tempore (during Sessions Ellison Markey (MA) the vote). Members have 2 minutes re- Sestak ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Ellsworth Marshall Shea-Porter The SPEAKER pro tempore (during maining in this vote. Engel Matheson Sherman Eshoo Matsui the vote). Members have 1 minute re- Shimkus b 1935 Etheridge McCaul maining in this vote. Shuler Farr McClintock Shuster Mr. WU changed his vote from ‘‘yea’’ Fattah McCollum b 1944 Simpson to ‘‘nay.’’ Filner McCotter Skelton So (two-thirds being in the affirma- Fleming McDermott So the motion was agreed to. Slaughter tive) the rules were suspended and the The result of the vote was announced Forbes McHenry Fortenberry McIntyre Smith (NE) bill was passed. as above recorded. Foster McKeon Smith (NJ) The result of the vote was announced A motion to reconsider was laid on Foxx McNerney Smith (TX) Snyder as above recorded. the table. Franks (AZ) Meek (FL) A motion to reconsider was laid on Frelinghuysen Meeks (NY) Space f Fudge Mica Speier the table. Garamendi Michaud Spratt Stated for: Gerlach Miller (MI) Stearns Mr. BOCCIERI. Madam Speaker, on rollcall PROTECTING STUDENTS FROM Stupak SEXUAL AND VIOLENT PREDA- Giffords Miller (NC) No. 663 To Amend The Elementary and Sec- Gingrey (GA) Miller, George Sullivan TORS ACT Gohmert Minnick Sutton ondary Education Act of 1965 to require crimi- Taylor The SPEAKER pro tempore. The un- Gonzalez Mollohan nal background checks for school employees, Goodlatte Moore (KS) Teague had I been present, I would have voted ‘‘yes.’’ finished business is the vote on the mo- Graves (MO) Moore (WI) Terry tion to suspend the rules and pass the Grayson Moran (VA) Thompson (CA) f bill (H.R. 6547) to amend the Elemen- Green, Al Murphy (CT) Thompson (MS) PERSONAL EXPLANATION Grijalva Murphy (NY) Thompson (PA) tary and Secondary Education Act of Guthrie Murphy, Patrick Tiahrt Mr. GENE GREEN of Texas. Madam 1965 to require criminal background Hall (NY) Murphy, Tim Tierney Speaker, on rollcall Nos. 662 and 663, had I Hall (TX) Myrick Titus checks for school employees, on which been present, I would have voted ‘‘yes.’’ the yeas and nays were ordered. Halvorson Nadler (NY) Tonko Hare Napolitano Towns f The Clerk read the title of the bill. Harper Nye Tsongas The SPEAKER pro tempore. The Hastings (FL) Oberstar Turner PERSONAL EXPLANATION question is on the motion offered by Hastings (WA) Obey Upton Heinrich Olson Van Hollen Ms. CHU. Madam Speaker, I was absent on the gentleman from California (Mr. Herger Olver Vela´ zquez December 21, 2010. Had I been present, I GEORGE MILLER) that the House sus- Higgins Owens Visclosky would have voted ‘‘yes’’ on the following: pend the rules and pass the bill. Himes Pallone Walden H. Res. 1771—Same Day Consideration This is a 5-minute vote. Hinchey Pascrell Walz Hirono Paulsen Waters Rule; H.R. 6540—To require the Secretary of The vote was taken by electronic de- Holden Payne Watson Defense, in awarding a contract for the KC–X vice, and there were—yeas 314, nays 20, Holt Pence Watt Aerial Refueling Aircraft Program, to consider not voting 99, as follows: Hunter Perriello Waxman any unfair competitive advantage that an offer- Inslee Peters Weiner [Roll No. 663] Israel Peterson Welch or may possess (Rep. INSLEE—Armed Serv- YEAS—314 Issa Petri Whitfield ices) Suspension bill; Motion to Concur in the Jackson (IL) Pingree (ME) Wilson (OH) Senate Amendment to H.R. 5116—America Ackerman Berman Braley (IA) Jackson Lee Pitts Wilson (SC) Aderholt Biggert Brown, Corrine (TX) Platts Wittman COMPETES Reauthorization Act of 2010 Akin Bilbray Buchanan Jenkins Polis (CO) Wolf (Rep. GORDON—Science and Technology); Alexander Bilirakis Burgess Johnson (GA) Pomeroy Woolsey Motion to Concur in the Senate Amendment to Altmire Bishop (GA) Burton (IN) Johnson, E. B. Posey Wu H.R. 2142—Government Efficiency, Effective- Andrews Bishop (NY) Butterfield Kagen Price (NC) Yarmuth Arcuri Bishop (UT) Cantor ness, and Performance Improvement Act Austria Blunt Capito NAYS—20 (Rep. CUELLAR—Oversight and Government Bachmann Bonner Capps Bachus Bono Mack Capuano Broun (GA) Hoekstra Paul Reform); Motion to Concur in the Senate Baldwin Boozman Carnahan Conaway Inglis Poe (TX) Amendment to H.R. 2751—FDA Food Safety Barrow Boren Carney Ehlers Jordan (OH) Shadegg Modernization Act (Reps. WAXMAN/DINGELL— Bartlett Boswell Carson (IN) Flake King (IA) Stutzman Energy and Commerce); S. 3243—Anti-Border Bean Boustany Carter Garrett (NJ) Kingston Thornberry Corruption Act of 2010 (Sen. PRYOR/Rep. Becerra Brady (PA) Cassidy Graves (GA) Miller (FL) Westmoreland Berkley Brady (TX) Castle Hensarling Neugebauer SHULER—Homeland Security) Suspension bill;

VerDate Mar 15 2010 07:41 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00129 Fmt 4634 Sfmt 9920 E:\CR\FM\A21DE7.100 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8916 CONGRESSIONAL RECORD — HOUSE December 21, 2010 Motion to Concur in the Senate Amendment to form this duty, the Honorable GERALD E. the United States-China Economic and Secu- H.R. 3082—Making Further Continuing Appro- CONNOLLY to act as Speaker pro tempore to rity Review Commission, effective January sign enrolled bills and joint resolutions 1, 2011. priations for Fiscal Year 2011 (Rep. OBEY— through the remainder of the second session Mr. Wortzel has expressed interest in serv- Appropriations); H.R. 6547—To amend the El- of the One Hundred Eleventh Congress. ing in this capacity and I am pleased to ful- ementary and Secondary Education Act of NANCY PELOSI, fill his request. 1965 to require criminal background checks Speaker of the Sincerely, for school employees (Rep. GEORGE MILLER— House of Representatives. JOHN A. BOEHNER, Education and Labor) Suspension bill. The SPEAKER pro tempore. Without Republican Leader. f objection, the appointment is ap- f PERSONAL EXPLANATION proved. HONORING DOROTHY HARRY There was no objection. Ms. HERSETH SANDLIN. Madam Speaker, (Mr. THOMPSON of Pennsylvania I regret that I was unable to participate in eight f asked and was given permission to ad- votes on the floor of the House of Representa- COMMUNICATION FROM THE dress the House for 1 minute and to re- tives today. REPUBLICAN LEADER vise and extend his remarks.) The first vote was H.Res. 1771—Same Day Mr. THOMPSON of Pennsylvania. The SPEAKER pro tempore laid be- Consideration Rule. Had I been present, I Madam Speaker, I rise today to recog- fore the House the following commu- would have voted ‘‘nay’’ on that question. nize an incredible public servant who is nication from the Honorable JOHN A. The second vote was H.R. 6540—To re- retiring from my district congressional BOEHNER, Republican Leader: quire the Secretary of Defense, in awarding a office in a few short weeks. contract for the KC–X Aerial Refueling Aircraft CONGRESS OF THE UNITED STATES, Mrs. Dorothy Harry has served the Program, to consider any unfair competitive HOUSE OF REPRESENTATIVES, Washington, DC, December 21, 2010. citizens of the Pennsylvania Fifth Con- advantage that an offeror may possess. Had I gressional District for 14 years. Doro- been present, I would have voted ‘‘yea’’ on Hon. NANCY PELOSI, Speaker, U.S. Capitol, thy has been in the Titusville district that question. Washington, DC. office for more than a decade. The con- The third vote was Motion to Concur in the DEAR SPEAKER PELOSI: Pursuant to Sec. stituent calls have been greeted by her Senate Amendment to H.R. 5116—America 5605 of the Patient Protection and Affordable with a professional, courteous, and car- COMPETES Reauthorization Act of 2010. Had Care Act (P.L. 111–148), I am pleased to ap- ing attitude. I been present, I would have voted ‘‘yea’’ on point Mr. Marcus Peacock of Washington, Dorothy has never been late by even DC and Mr. Tomas J. Philipson of Chicago, that question. a minute, is thorough in her service, The fourth vote was Motion to Concur in the IL to the Commission on Key National Indi- and leaves nothing undone. She joined Senate Amendment to H.R. 2142—Govern- cators. the congressional staff with a lifetime ment Efficiency, Effectiveness, and Perform- Both Mr. Peacock and Mr. Philipson have of experience working in her family’s ance Improvement Act. Had I been present, I expressed interest in serving in this capacity and I am pleased to fulfill their requests. insurance agency. Constituents of my would have voted ‘‘yea’’ on that question. Sincerely, congressional district that contact our The fifth vote was Motion to Concur in the JOHN A. BOEHNER, office with insurance-related issues Senate Amendment to H.R. 2751—FDA Food Republican Leader. have had her voice of experience to Safety Modernization Act. Had I been present, f guide them through many concerns. I would have voted ‘‘yea’’ on that question. Dorothy is the mother of two daugh- The sixth vote was S. 3243—Anti-Border COMMUNICATION FROM THE ters, whom she is very proud of. Doro- Corruption Act of 2010. Had I been present, I REPUBLICAN LEADER thy has always been quick to share would have voted ‘‘yea’’ on that question. The SPEAKER pro tempore laid be- The seventh vote was Motion to Concur in that one of her daughters created a fore the House the following commu- the Senate Amendment to H.R. 3082—Making Christmas ornament that hung on the nication from the Honorable JOHN A. Further Continuing Appropriations for Fiscal White House Christmas tree. BOEHNER, Republican Leader: Year 2011. Had I been present, I would have On December 31, Dorothy Harry will voted ‘‘yea’’ on that question. CONGRESS OF THE UNITED STATES, retire from public service as a member The eighth vote was H.R. 6547—To amend HOUSE OF REPRESENTATIVES, of the Pennsylvania Fifth Congres- December 21, 2010. the Elementary and Secondary Education Act sional District congressional staff at Hon. NANCY PELOSI, the age of a young 81 years old. The of 1965 to require criminal background checks Speaker, U.S. Capitol, for school employees. Had I been present, I Washington, DC. citizens have been well served by her would have voted ‘‘yea’’ on that question. DEAR SPEAKER PELOSI: Pursuant to Section and, I am sure, join me in saying, ‘‘Job f 235 of the Tribal Law and Order Act (P.L. well done and thank you, Dorothy. You 111–211, I am pleased to appoint Mr. Thomas will be missed.’’ HOUR OF MEETING ON TOMORROW Gede of San Francisco, California to the In- f Mr. MCGOVERN. Madam Speaker, I dian Law and Order Commission. ask unanimous consent that when the Mr. Gede has expressed interest in serving b 1950 House adjourns today, it adjourn to in this capacity and I am pleased to fulfill his request. CONGRATULATING THE PEARLAND meet at 11 a.m. tomorrow. Sincerely, OILERS FOR WINNING THE The SPEAKER pro tempore (Mrs. JOHN A. BOEHNER, CLASS 5A DIVISION ONE FOOT- HALVORSON). Is there objection to the Republican Leader. BALL CHAMPIONSHIP request of the gentleman from Massa- (Mr. OLSON asked and was given per- chusetts? f mission to address the House for 1 There was no objection. COMMUNICATION FROM THE minute.) f REPUBLICAN LEADER Mr. OLSON. Madam Speaker, I rise APPOINTMENT OF HON. DONNA F. The SPEAKER pro tempore laid be- today to congratulate the Pearland EDWARDS TO ACT AS SPEAKER fore the House the following commu- Oilers for winning the Texas Class 5A PRO TEMPORE TO SIGN EN- nication from the Honorable JOHN A. Division One Football Championship ROLLED BILLS AND JOINT RESO- BOEHNER, Republican Leader: last weekend. In front of 43,321 fans, LUTIONS THROUGH REMAINDER CONGRESS OF THE UNITED STATES, the third largest in Texas history, the OF SECOND SESSION OF 111TH HOUSE OF REPRESENTATIVES, Oilers achieved a heart-stopping 28–24 CONGRESS December 21, 2010. victory, defeating the number one Hon. NANCY PELOSI, The SPEAKER pro tempore laid be- ranked team in the entire Nation, Eu- Speaker, U.S. Capitol, Washington, DC. less Trinity. fore the House the following commu- DEAR SPEAKER PELOSI: Pursuant to section nication from the Speaker: 1238(b)(3) of the Floyd D. Spence National The Oilers were referred to as the un- DECEMBER 21, 2010. Defense Authorization Act for Fiscal Year derdog, but an underdog doesn’t use a I hereby appoint the Honorable DONNA F. 2001, (22 U.S.C. 7002) as amended, I am play called ‘‘the dead man’’ to score a EDWARDS or, if she is not available to per- pleased to re-appoint Mr. Larry Wortzel to 54-yard touchdown. They demonstrated

VerDate Mar 15 2010 06:55 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00130 Fmt 4634 Sfmt 0634 E:\CR\FM\A21DE7.106 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 21, 2010 CONGRESSIONAL RECORD — HOUSE H8917 their tenacity in the final seconds, ers; and JOHN now adds his name to hereafter in the Extensions of Re- when Dustin Garrison, who scored that list of great Arizona legislators. marks.) three touchdowns, broke up a fourth I just want to pay tribute to him and f quarter pass, sealing the win for the tell him how much the Arizona delega- FLAWED ELECTIONS AND POLIT- Oilers. tion and all of us will miss his steady, ICAL IMPRISONMENT IN Pearland has lived by a ‘‘plus one’’ constant, principled leadership here in BELARUS outlook, always striving to make one the House of Representatives. more play and give one more degree of Well done, JOHN. Well done, JOHN The SPEAKER pro tempore. Under a effort for the benefit of the team. SHADEGG. previous order of the House, the gen- The Oilers finished the season with a f tleman from Illinois (Mr. SHIMKUS) is perfect 16–0 record and brought home recognized for 5 minutes. TRIBUTE TO THE LATE REP- to the ‘‘rig’’ Pearland’s first 5A cham- Mr. SHIMKUS. Madam Speaker, I RESENTATIVE STEPHEN SOLARZ pionship. I congratulate them on their come down tonight to put into the historic victory and well-deserved (Mr. ENGEL asked and was given RECORD the names of some freedom honor. permission to address the House for 1 fighters who have been jailed, not only f minute and to revise and extend his re- politicians, but also members of the marks.) news media, after the stolen elections PASSING THE DOMESTIC Mr. ENGEL. Madam Speaker, I rise in Minsk, Belarus, of two nights ago. TRAFFICKING VICTIMS ACT today to speak in honor of my friend The opponents of Dictator (Mr. POE of Texas asked and was and colleague, Stephen Solarz, who Lukashenko were as follows. Their lo- given permission to address the House passed away last month. cations are unknown. Some have been for 1 minute.) When I first came to Congress in 1989, jailed: Andrey Sannikaw, Yaraslaw Mr. POE of Texas. Madam Speaker, Congressman Solarz was already a re- Ramanchuk, Ryhor Kastusyow, when a young girl is kidnapped in a spected Member of this body. He was a Uladzimir Nyaklyayew, Ales foreign country and brought into the senior member of the Foreign Affairs Mikhalevich, Vital Rymashewski, United States and used as a sex slave Committee and an inspiration to me as Viktar Tsyareshchanka, Mikalay and law enforcement gets involved, she I joined that committee. I enjoyed his Statkevich and Dzmitry Uss. is treated as a victim of crime. advice and counsel. I remember he sat Tens of thousands of Belarusians con- If a young girl who is an American on the top rung of the committee, and verged on Independence Square in the citizen is forced into sex slavery as an that is where I am sitting today. capital, heeding opposition leaders who 11- or 12-year-old and she is trafficked His speeches on the floor were the called Sunday’s election a farce and ac- across the United States and law en- kind that made his colleagues stop cused Lukashenko of keeping the post- forcement gets involved, unfortunately what they were doing and listen. He Soviet country locked in a dictator- that girl is not treated as a victim, but was a foreign affairs guru to many of ship. They gathered on the evening on a criminal, and criminal charges are us, and the world will miss his knowl- the 19th and the morning of the 20th. filed on her for prostitution and she edge and expertise. Also arrested were prominent jour- goes through the system. Many times, I remember the dinners he and his nalists and civil society activists, folks law enforcement does that just to pro- wife, Nina, hosted at their home. who are friends of individuals I know: tect that young child. Among the luminaries I met at these Anatol Lyabedska, leader of the United We need to change that, and today dinners was Abba Eban, the former for- Civic Party; Mr. Sannikaw’s wife, this House of Representatives passed eign minister and U.N. ambassador of Iryna Khalip; Dzmitry Bandarenka, co- legislation, the Domestic Trafficking Israel. ordinator of an opposition group called Victims Act, which will treat those Together, we shared the determina- Khartyya97; and Natallya Radzina, the victims as victims and give resources tion to protect America’s relationship editor of www.charter97.org. to put them in places throughout the with Israel. We both understood that The Organization For Security and United States where we can protect the U.S. must continue to engage on Cooperation in Europe called the elec- them, rescue them, prosecute the traf- issues of importance around the world. tion ‘‘flawed,’’ and the United States of ficker, and prosecute the customer who Like me, Congressman Solarz was a America and the European Union con- buys that sex from that poor girl for product of New York City’s public demned the crackdown. money. schools. He emerged from humble be- With me I have some photos of the We need to treat these victims with ginnings to earn his law degree from evening of December 19 showing the dignity that they deserve. This leg- Columbia, and later became one of the protestors. Of course, we see members islation is important. I am glad it most influential Members of Congress. of the Belarusian security forces, and passed the House. We each shared the passion for public in this photo here you actually see And that’s just the way it is. service, and I know that I will truly them wielding their clubs and beating f miss his advice and his friendship. I one of the opposition members of the consider myself lucky to have known party. This is what we have in Europe. HONORING THE HONORABLE JOHN him all these years. B. SHADEGG The last dictatorship in Europe is in a My heart goes out to his wife, Nina, country called Belarus. (Mr. FLAKE asked and was given their children Randy and Lisa, and his permission to address the House for 1 mother, Ruth. The rest of the country, b 2000 minute.) and certainly the U.S. House of Rep- The United States has already—and I Mr. FLAKE. Madam Speaker, I rise resentatives, mourns with them. would lend to the demand of the re- today to honor a valued member of the f lease of all political prisoners, presi- Arizona delegation, JOHN SHADEGG. dential candidates, and their official SPECIAL ORDERS JOHN SHADEGG is ending his service representatives who are being held in to this institution after 16 years. JOHN The SPEAKER pro tempore. Under KGB detention centers in Minsk. Yes, came here in 1994 and has served the the Speaker’s announced policy of Jan- in Belarus, they still call the secret po- State of Arizona extremely well during uary 6, 2009, and under a previous order lice the KGB. The United States and that time. He has promoted the prin- of the House, the following Members this Member stand in solidarity with ciples of limited government, economic will be recognized for 5 minutes each. all opposition activists with those cur- freedom and individual responsibility, f rently being held and those who are and has stayed true to his principles The SPEAKER pro tempore. Under a still in hospitals and those already who and been a valued member of the Ari- previous order of the House, the gen- are in jail. zona delegation. tleman from Indiana (Mr. BURTON) is The new media ability of democratic Arizona has a habit of producing recognized for 5 minutes. movements in this country are great at great legislators, including Barry Gold- (Mr. BURTON of Indiana addressed especially being able to use the Twitter water, Mo Udall, Carl Hayden, and oth- the House. His remarks will appear accounts, using Facebook, using

VerDate Mar 15 2010 06:55 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00131 Fmt 4634 Sfmt 0634 E:\CR\FM\K21DE7.167 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8918 CONGRESSIONAL RECORD — HOUSE December 21, 2010 photos. A lot of these were conducted In 2009, the number of hungry Ameri- tleman from Illinois (Mr. JACKSON) is through new media. It underscores the cans increased by 1 million over the recognized for 5 minutes. brutality of the Belarusian leadership previous year. According to the latest (Mr. JACKSON of Illinois addressed and the dictator, Lukashenko. I would data, over 50 million Americans, in- the House. His remarks will appear hope that the international commu- cluding 17.2 million children, went hun- hereafter in the Extensions of Re- nity, especially the European Union gry at some point in 2009. Madam marks.) and the United States, would place the Speaker, these are the highest numbers f Belarusian Government on record that ever collected by USDA. And if that The SPEAKER pro tempore. Under a they should not hope to be able to join weren’t bad enough, future SNAP previous order of the House, the gentle- in the opportunities afforded to free funds—money provided under the Re- woman from Ohio (Ms. KAPTUR) is rec- and democratic countries when they covery Act—have been raided for other ognized for 5 minutes. treat their citizens who are only ask- critical programs. (Ms. KAPTUR addressed the House. ing for the right to have their voice Madam Speaker, I love this institu- Her remarks will appear hereafter in heard and the right to choose the rep- tion and I am honored to serve as a the Extensions of Remarks.) resentatives of the people. Member of Congress, but it is a pecu- f liar place. None of my colleagues, f The SPEAKER pro tempore. Under a Democrats or Republicans, will tell previous order of the House, the gen- END HUNGER NOW you that they are pro-hunger. You’ll tleman from Oregon (Mr. DEFAZIO) is The SPEAKER pro tempore. Under a never see a Member of Congress take a recognized for 5 minutes. previous order of the House, the gen- bottle out of the mouth of a hungry (Mr. DEFAZIO addressed the House. tleman from Massachusetts (Mr. baby or swipe a can of beans that has His remarks will appear hereafter in MCGOVERN) is recognized for 5 minutes. been donated to a local food bank, but the Extensions of Remarks.) Mr. MCGOVERN. Madam Speaker, as that’s precisely what we will be doing f we near the end of 2010 and the 111th if we choose to balance the budget on The SPEAKER pro tempore. Under a Congress, I want to take a few minutes the backs of the poor and the hungry in previous order of the House, the gentle- to talk about an issue that is critically this country. woman from California (Ms. WOOLSEY) I want to tackle our deficit as badly important to the health and the well- is recognized for 5 minutes. being of our country. It’s also an issue as anyone else. And in order to dig our- (Ms. WOOLSEY addressed the House. that I care deeply about and it’s an selves out of this fiscal hole, then all of Her remarks will appear hereafter in issue that’s rarely discussed. And that us will need to sacrifice—not just the the Extensions of Remarks.) issue, Madam Speaker, is hunger. I’ve poor and not just the middle class. It is f said it over and over again, but it bears simply unacceptable to provide billions repeating. Hunger is a political condi- in tax relief for millionaires and bil- START TREATY tion. We know how to end hunger in lionaires while at the same time cut- The SPEAKER pro tempore. Under America. We have the resources to do ting programs that literally put food in the Speaker’s announced policy of Jan- it. What we need is the political will to the mouths of hungry people. uary 6, 2009, the gentleman from Texas make it happen. Ending hunger is not just the right (Mr. GOHMERT) is recognized for 60 min- We’ve made some important progress thing to do—it’s also in the best inter- utes as the designee of the minority over the last few years. We enacted his- est of our Nation’s future. It’s a na- leader. toric improvements in the food stamp tional security issue. It’s an education Mr. GOHMERT. Well, down the hall program, now called SNAP. WIC, the issue. It’s a jobs issue. It’s a health we have the Senate as they have been program that ensures that pregnant care issue. It’s a productivity issue. It’s taking up the START Treaty to help mothers and their newborns and infant a fiscal health issue. limit our defense of ourselves with a children have access to nutritious food, We have a lot of work to do, Madam country that is not the country we’re has been fully funded. Food banks re- Speaker. The President said he’s com- most concerned about. We seem to ceived the assistance they need to fill mitted to ending childhood hunger by keep ignoring the fact that Iran con- their shelves as they worked to put 2015, but we’re not doing enough to tinues to move forward developing nu- food in the hands of hungry families. reach that goal. Budgets will be tight clear weapons, and once they have We passed the Hunger-Free Commu- for the foreseeable future, and it’s them, then that is the game changer. nities Act, a law that provides local- going to be difficult to fund these vital Of course, we know that even in this ized grants to combat hunger around programs. I’ve repeatedly called on the hemisphere that there’s the potential the country. The farm bill included his- White House to convene a conference for rockets that could reach the United toric improvements to antihunger pro- on hunger and nutrition. Let’s develop States. It’s nothing to fear if we act ap- grams—most importantly, indexing a comprehensive plan to tackle this propriately and don’t stick our head in SNAP to inflation. The Recovery Act terrible problem. the sand, as the START Treaty appar- did even more by increasing emergency But, Madam Speaker, this issue is ently attempts to do. funds to SNAP beneficiaries, allowing not going away. We must not ignore For example, we’ve got people in the them to buy more food at a time when the needs of the hungry in America. We Senate that do not understand that the their incomes were falling because of must continue to work with President has the power to negotiate the economy. Finally, on December 13, antihunger groups, nutrition groups, treaties. The Senate’s role is in advis- President Obama signed the Healthy, religious groups, and the administra- ing and consenting, but they don’t Hunger-Free Kids Act into law. This tion and others to finally end hunger in have the power to amend the treaty. will improve the quality of food served America. That has to be done between the other at schools to our Nation’s children. We can do this. We can end hunger in country and our President. So they can Madam Speaker, I have been honored America if we have the political will to make suggestions, but that language is to serve as the cochair of the House do it. I urge my colleagues in the 112th not binding unless the other country Hunger Caucus, and I want to thank Congress to join in this effort. agrees to it. my colleagues on that caucus, Demo- f So all this frivolous stuff, all this dis- crat and Republican, for their commit- The SPEAKER pro tempore. Under a cussion, it is meaningless unless Russia ment to this critical issue. I especially previous order of the House, the gen- were to adopt it. And when you look at want to thank JO ANN EMERSON for her tleman from New York (Mr. RANGEL) is the preamble to this START Treaty, incredible work. But we have much recognized for 5 minutes. despite what the President says and de- more to do. (Mr. RANGEL addressed the House. spite what people in the Senate are The USDA recently released their an- His remarks will appear hereafter in saying about it not affecting missile nual food insecurity, or hunger, statis- the Extensions of Remarks.) defense, the preamble says: Recog- tics. The simple and unfortunate fact is f nizing the existence of the inter- this: Because of the economy, hunger is The SPEAKER pro tempore. Under a relationship between strategic offen- getting worse in America, not better. previous order of the House, the gen- sive arms and strategic defensive arms,

VerDate Mar 15 2010 07:41 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00132 Fmt 4634 Sfmt 0634 E:\CR\FM\K21DE7.171 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 21, 2010 CONGRESSIONAL RECORD — HOUSE H8919 that this interrelationship will become were going to unilaterally lay down that all is well because, despite treaty more important as strategic nuclear our best leverage, not ask for anything terms that patently disserve our na- arms are reduced, and that current in return and think we’d somehow be tional security, Senators have held de- strategic defensive arms do not under- better off. bates, and because he and Senator mine the viability and effectiveness of Well, that’s not the way negotiations RICHARD LUGAR have drafted a swell the strategic offensive arms of the par- work in the world among individuals. ‘resolution of ratification’ that pur- ties. Especially for those of us who are portedly addresses New START’s serial Now, maybe from the legal training Christian, you treat individuals with flaws. Meantime, an unidentified JOHN and the judicial training it helps to respect. You follow the admonitions MCCAIN admirer tells Rich the crafty read and understand that better, but and the teachings of Jesus. Yet, as the ‘ol Maverick deserves kudos for pres- the Russians make pretty clear they national leader, we have a different ob- suring Obama into writing a letter intend for this treaty to restrict a de- ligation—not to go into people’s bank talking up missile defense.’’ fense system. How do people down the accounts, into their homes, to take Mr. MCCARTHY goes on. hall not get that? It seems pretty their money against their will, and ‘‘Whoopee! Don’t you feel better clear. We have an obligation to support give it to our favorite charities. We about the GOP now? This is the most and defend this Constitution. We took were told they were supposed to do it craven sort of nonsense.’’ an oath to do that. with their own money. We were not to Mr. MCCARTHY goes on. abuse the process of this body to go le- He writes, ‘‘These Senators are try- b 2010 galize stealing people’s money to give ing to rationalize their inexcusable ap- We have never ratified a treaty in a to our favorite charities. Let the peo- proval of a bad treaty they lack the lame duck session. Yet that is exactly ple do that. It is one of the things that backbone to vote down. Holding de- what is being attempted down the hall made us great. The charitable, big- bates? It’s commonplace to mock the right now. People who have been voted hearted people in America have helped U.N. General Assembly as a ‘debating out of office because the majority in make America great. society’ because the term connotes how their States did not want them rep- But as people who are elected to inconsequential its exertions are. resenting them anymore are down come to Washington help lead this ‘‘As for the vaunted resolution of there cutting a deal with the Russians. country, we have a different obligation. ratification, I defer to John Bolton and The election should have con- We are supposed to defend this Nation. John Yoo. Writing in The New York Times last month, they explained that sequences, and people should have the We are supposed to provide for the the Obama administration hoped to decency to note that the majority of common defense so that people who sell its ‘dangerous’ bargain by divert- the people in their States have spoken, live in America can have a Merry ing attention from the treaty, itself. to go home and to not set a precedent Christmas, can have a Happy Hanuk- Attention would instead be focused on of being the first lame duck session kah, can have the enjoyment and the the ratification resolution, which they that people didn’t want consenting to freedom of religion. Operating under a predicted would be loaded with ‘a pack- treaties providing consent to the trea- Judeo-Christian system, as this was age of paper promises’—variously ty. It is so inappropriate what is going formed, all people could worship as called ‘conditions,’ ‘understandings’ on down there, and then they stand they chose, and people could be de- there and tell us, Oh, no. This will have and ‘declarations’—that would purport fended as they did so; but to do that, to address concerns about missile de- nothing to do with our missile defense you cannot unilaterally lay down the shield. fense, the condition of our nuclear ar- arms of this Nation. senal, treaty limitations on conven- We had a President back in the 1980s We—I say ‘‘we’’ cumulatively. This tional weapons, et cetera. Ambassador who, despite all the jokes, despite all President just gave away, early on last the insults hurled at him, insisted that Bolton and Professor Yoo continued.’’ year, our best card. That’s not really They said, ‘‘Senators cannot take the thing that was maddest of all was looking out for the American people. these warranties seriously—they are the concept of mutually assured de- It’s looking out for the Iranians; it’s not a part of the text of the treaty, struction, that insane was the idea of looking out for the Russians; it’s look- itself.’’ two countries saying, We’ll both de- ing out for the North Koreans, the Ven- velop so much in the way of nuclear of- ezuelans, the Cubans, and those who b 2020 fensive capability that one won’t at- might at some point like to see us gone As Eugene Roskow, a former Under tack the other because they will know and who have said as much, but it’s not Secretary of State, put it, such res- the other will attack them, and they looking out for America. ervations and understandings ‘‘have will both be wiped out. Now, this administration has never the same legal effect as a letter from So along came President Reagan, and been a fan of missile defense just as my mother.’’ They are mere policy he would not leave it alone. many Democrats were not of the plan statements that attempt to influence We are going to defend ourselves. We President Reagan proposed; but be- future treaty interpretation. They do took an oath to do as much, and if Rus- cause the Russians—the Soviets at not have the force of law; they do not sian, Iranian, Venezuelan, Cuban mis- that time—couldn’t keep up and were bind the President or future Con- siles—any kind of missiles—pose a already spending too much money, the gresses. The Constitution’s supremacy threat to the United States, we have an Soviet Union fell. Clearly, this treaty clause makes the treaty’s text the obligation to defend ourselves. links offensive reductions with missile ‘‘law of the land.’ ’’ But not according to this President. defense. ‘‘Instead, Bolton and Yoo asserted, According to this President, we are So these guys down the hall may ‘To prevent New START from gravely basically going to unilaterally mutu- think they’re doing a wonderful thing impairing America’s nuclear capacity, ally disarm, which is what happened for America, but they’re not. They may the Senate must ignore the resolution with the Polish missile defense site. I think, Gee, the President has said this of ratification and demand changes to understand it has now been revealed about the treaty, so maybe it’s true. the treaty itself.’ This is exactly the that the Russians had hopes, according My friend Andy McCarthy, Andrew C. duty from which Senate Republicans to their early documentation, that McCarthy, had a posting today, on De- are abdicating. The ratification resolu- eventually in the final document they cember 21, with National Review On- tion is nothing. The Presidential letter would get the United States to agree to line, and it bears particularly on this Senator McCain is said to have ex- abandon their plans to put a missile de- point, so I will read from Andy tracted is less than nothing: it lacks fense shield in Poland. However, they McCarthy’s article because it is so well even the patina of a legislative act and didn’t realize that they were negoti- written. These are Andrew McCarthy’s is about as enforceable as a Presi- ating with a new President of the words. dential commitment to close Gitmo or United States, who promised hope and ‘‘Patting himself and his fellow Sen- televise the government’s health care change and that the hope and change ate Republicans on the back for selling deliberations on C–SPAN. that he was bringing was a change un- out on President Obama’s new START ‘‘The administration is wrong on na- like any negotiation in our past. We Treaty, BOB CORKER absurdly claims tional security policy and politically

VerDate Mar 15 2010 07:41 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00133 Fmt 4634 Sfmt 0634 E:\CR\FM\K21DE7.177 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8920 CONGRESSIONAL RECORD — HOUSE December 21, 2010 weakened by the midterm thrashing. stand the role that they play in this should be in favor of all kinds of bills The treaty is awful, which is why there government under our Constitution be- of Federal money being given to won- are so many things to address in reso- cause, otherwise, they’re doing a great derful charitable causes. Well, individ- lutions and letters. If you can’t get Re- deal of damage. ually, that’s correct. publican Senators to do the right thing Now, it’s just staggering. We have no But as a Nation, we get a good indi- under these conditions, then when? business entering a treaty when we’re cation from the story of Zachias, be- ‘‘One more related point.’’ Mr. still just leaving Iran hanging out cause after Zachias met Jesus, he was McCarthy says, ‘‘Based on my argu- there, trying to get the centrifuges so overwhelmed with guilt for how he ment in yesterday’s column that the going, developing nuclear weapons, had abused his taxing authority, that Senate may not unilaterally rewrite cutting deals with other countries who he gave back the money, in fact, gave treaties or enact amendments that also hate us. And we in America, what a four to one rebate to those from alter treaty terms, a friend suggests are we doing? We’re paying billions of whom he took too much money. there is daylight between my position dollars to countries that would like to b 2030 and that of Bolton and Yoo. There is see us fall. Now that would be an interesting We’re supporting a U.N. that thinks none. Yes, Bolton and Yoo recount thing to see. And I had advocated for a Senate action that has resulted in trea- it’s fine to treat women and children payroll tax holiday 2 years ago. Ac- ties being altered, but here’s what they like property and allows the worst cording to Moody’s, it would have in- say: kinds of abuses to go on and, not only creased the 1-year GDP more than any ‘‘ ‘When it approved the Jay Treaty that, puts countries who have massive other proposal, including our official in the 1790s, which resolved out- civil rights abuses in charge of their Republican proposal. I’m not for it standing differences with Britain, the civil rights, the human rights. It’s just now. We’ve squandered way too much Senate consented only on condition incredible what’s going on. money. And we’re running up debt like that President George Washington de- So I will continue in the next Con- nobody would have ever dreamed, $3 lete a specific provision on trade. gress to push my U.N. voting account- trillion in 2 years? My word, my first Washington and Britain agreed to the ability bill. We mean no ill will to year in 2005, I was hearing people amendment, and the treaty entered countries that hate our guts, but we across the aisle beating up on us be- into force. In 1978, the Senate de- don’t have to pay them to hate us. So cause we had at one point $160 billion manded changes to the text of the Pan- it just says any country that votes deficit, and that was outrageous. And ama Canal treaty as the price of its against our position in the U.N. more my Democratic friends were right, we consent.’ ’’ than half the time in 1 year will not shouldn’t have been running $100 bil- MCCARTHY goes on and says, ‘‘This is get a dime of financial assistance of lion, $200 billion deficit. Who would no different from what I am saying. any kind from us the next year. have ever dreamed that 5 short years The Senate in these cases did not claim Those are the kinds of things you do later, they would have run up a $3 tril- the power to change treaty terms or when you’re representing a country lion deficit in 2 years, 10 times the def- enact resolutions that pretended to fix and your oath and your obligation re- icit they were complaining about just 5 deep problems without altering treaty quire that you protect that country, short years ago. terms. To the contrary, Senators told not lay down your arms, not lay down Well, those are some things that are Presidents Washington and Carter that your defenses and think that the won- great cause for concern. Did Repub- there would be no consent unless they derful good will of others will see how licans not learn anything from the went back to the countries in question wonderful you are in unilaterally drop- election? Did people think that once and got the problematic terms ping your weapons. You don’t do that. the election was behind us, it was busi- changed. There are consequences. ness as usual? Do Democratic and Re- ‘‘The Senate can pass amendments Even going back to ancient Israel— publican Senators who are up for elec- that amplify American understandings and I realize there are people like tion in 2 years think that people across about a treaty; the Senate cannot uni- Helen Thomas who don’t realize there America are not watching? They’re laterally alter the core understandings was an ancient Israel, but there was. watching more today than they’ve ever in an agreement—that latter would And in fact, hundreds of years before watched in this Nation’s history. render it no longer an agreement, and there was Mohamed, there was an an- They’re paying attention. Who’s doing hence not a treaty. Thus, did Messrs. cient Israel. But if you go to the days what? And for those who are found to Bolton and Yoo conclude: ‘While the of Hezekiah, when the Babylonian lead- have had one big last zesty giveaway Constitution gives the President the ers came over, and of course, we had program after another, there will be a prime role in the treaty process, the the account in the Old Testament of price to pay. And for those who rushed Senate has the final say. If 34 Senators Isaiah coming to Hezekiah. He knew in and cut a deal with the Russians reject a treaty, no President can over- what he had done. He said, What did that the Russians didn’t agree with; ride them.’ you do? Oh, these wonderful leaders— therefore, it is not binding. The only ‘‘Voting to reject is the Senate’s this is, of course, Texas paraphrase— thing that’s binding is what they con- duty when confronted with a treaty these wonderful leaders from Babylon sent to that the President has already that disserves the national interests. It came over. So we showed them all our agreed with Russia on, that will be the is the current Senate’s dereliction on treasure, and we showed them all of treaty, and it limits our missile de- New START—a fact no resolution or our defenses. In essence, Isaiah pointed fense. And it will be no consolation to anyone someday that—whoops, incom- Presidential letter can paper over.’’ out, you fool. Because you’ve done this, It does no good to pass resolutions you will lose your country. You don’t ing—and we agree not to develop our missile defense with the Russians. saying we think it means this or that show your enemies your defenses with- Sorry, these missiles aren’t coming when the words clearly enunciate the out a severe cost. In the case of Israel, from Russia, but the Russians got us to fact that missile defense is tied and it cost them everything. You don’t do agree not to develop missile defense; part of this. It is affected. that. therefore, we have no defense to what If the Senate were to come back and Individually, you can love and care these enemies of America are sending. say, all right, as they did in the 1790s, and nurture. As a national part of a That’s irresponsible. We should not be we will only consent if the President government, we have an oath and obli- doing that. And I had hoped to end on and Great Britain change these terms— gation to the people that live here to a more positive note tonight. in this case, if the President and Rus- provide for the common defense, and Madam Speaker, if I could inquire sia agree to change these terms—then that means you don’t give away the de- how much time I have left. we give our consent, have a condition fenses. You don’t lay down your arms. The SPEAKER pro tempore. You precedent. But that’s not what’s going You do what you can to protect Amer- have 34 minutes. on here. We’re writing letters. We are ica. In fact, I pointed out before, but I Mr. GOHMERT. I thank the Speaker. putting resolutions, this is what we heard friends say today that, you I would like to finish by going think. That doesn’t make any dif- know, people who consider themselves through some of the Christmas procla- ference at all. People need to under- Christian, especially this time of year, mations by U.S. Presidents. I touched

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I won’t debate whether we are ful that our people have risen today, as We shall not solve a moral question by or not now because we may very well did our forefathers in Washington’s dodging it. We can scarcely hope to not be now. But fortunately, this coun- time, to our obligation and our oppor- have a full Christmas if we turn a deaf try was established under Christian no- tunity. At this point in the world’s his- ear to the suffering of even the least of tions that allowed people the freedom tory, the words of St. Paul have great- Christ’s little ones. to worship as they choose. Because er significance than ever before. He Since returning home, I’ve been read- heaven help us if we had a Constitution said, ‘And now abideth faith, hope, ing again in our family Bible some of based on sharia law, then obviously charity, these three. But the greatest the passages which foretold this night. there wouldn’t be a Don’t Ask, Don’t of these three is charity.’’’ Truman It was that grand old seer, Isaiah, who Tell because that’s a capital offense, to said, ‘‘We believe this. We accept it as prophesied in the Old Testament the commit a homosexual offense under a basic principle of our lives. The great sublime event which found fulfillment sharia law. So no need for Don’t Ask, heart of the American people has been almost 2,000 years ago. Don’t Tell. No need for appeal under moved to compassion by the needs of Just as Isaiah foresaw the coming of sharia law. Apparently it is a capital those in other lands who are cold and Christ, so another battler for the Lord, offense if you commit a homosexual hungry. We have supplied a part of St. Paul, summed up the law and the act. their needs, and we shall do more. In prophets in a glorification of love But also under sharia law, there’s no this, we are maintaining the American which he exalts even above both faith room for Christians to worship any tradition. In extending aid to our less and hope. way they choose. The only way you can fortunate brothers, we are developing Truman says, we miss the spirit of have all religions worship as they in their hearts the return of hope. Christmas if we consider the incarna- choose is to have a country based on Because of our forts, the people of tion as an indistinct and doubtful, far- Christian tenets. And that’s what we other lands see the advent of a new day off event unrelated to our present prob- started with. And we seem to be trying in which they can lead lives free from lems. We miss the purport of Christ’s to get away from that, and it seems to the harrowing fear of starvation and birth if we do not accept it as a living be eroding people’s freedoms of reli- want. With a return of hope to these link which joins us together in spirit as gion, particularly Christians. peoples will come renewed faith, faith children of the ever-living and true So how ironic that we seem to be in the dignity of the individual and the God. In love alone, the love of God and coming full circle, 360 degrees, so that brotherhood of man. The world grows the love of man, will be found the solu- we can eliminate the freedom to wor- old, but the spirit of Christmas is ever tion of all the ills which afflict the ship publicly in the public square, young. Happily for all mankind, the world today. which are the very Christian tenets spirit of Christmas survives travail and Slowly, sometimes painfully, but al- that allowed us to have and become the suffering because it fills us with hope greatest country on Earth in Earth’s ways with increasing purpose, emerges of better things to come. the great message of Christianity. Only history. Let us then put our trust in the un- So these are words from Franklin with wisdom comes joy, and with erring star which guided the wise men greatness comes love. In the spirit of Roosevelt in 1933. This was his first to the manger of Bethlehem. Let us year as President. Franklin D. Roo- the Christ child, as little children with hearken again to the angel choir, say- joy in our hearts and peace in our sevelt, December 24, Christmas Eve ing, ‘Glory to God in the highest, and 1933, provided us these words. Roo- souls, let us as a Nation, dedicate our- on Earth, peace, goodwill toward men.’ selves anew to the love of our fellow sevelt said, ‘‘This year marks a greater With hope for the future and with faith national understanding of the signifi- men. In such a dedication, we shall find in God, I wish all my countrymen a the message of the child of Bethlehem cance in our modern lives of the teach- very merry Christmas.’’ ing of Him whose birth we celebrate. the real meaning of Christmas. That’s To more and more of us, the words, b 2040 Harry Truman. ‘Thou shalt love thy neighbor as thy- Christmas Eve, 1949, President Harry And I’ll skip forward several years. self,’ have taken on a meaning that is Truman gave us these words: the first Let me read this from 1976, from Gerald showing itself and proving itself in our Christmas had its beginning in the Ford: the message of Christmas has not purposes and daily lives. May the prac- coming of a little child. It remains a changed over the course of 20 centuries. tice of that high ideal grow in us all in child’s day, a day of childhood love and Peace on Earth, goodwill towards men, the year to come.’’ Roosevelt finished of childhood memories. That feeling of that message is as inspiring today as it by saying, ‘‘I give you and send you one love has clung to this day down all the was when it was first proclaimed to the and all, old and young, a merry Christ- centuries from the first Christmas. shepherds near Bethlehem. It was first mas and a truly happy new year. And There is clustered around Christmas proclaimed, as we all know, then. so for now and for always, God bless us, Day the feeling of warmth, of kindness, In 1976 America has been blessed with everyone.’’ of innocence, of love, the love of little peace and significant restoration of do- Moving to 1947, another one of the children, the love for them, the love mestic harmony. But true peace is Christmas messages I did not mention that was in the heart of the little child more than an absence of battle. It is last week. This is Harry Truman, De- whose birthday it is. also the absence of prejudice and the cember 24, 1947. And I won’t read the Through that child love there came triumph of understanding. Brotherhood entire message. But these are Harry to all mankind the love of a divine fa- among all peoples must be the solid Truman’s words. He said, ‘‘There can ther and a blessed mother so that the cornerstone of lasting peace. It has be little happiness for those who will love of the holy family could be shared been a sustaining force for our Nation, keep another Christmas in poverty and by the whole human family. These are and it remains a guiding light for our exile, separation from their loved ones. some of the thoughts that came to future. As we prepare to celebrate our Christ- mind as I gave the signal to light our The celebration of the birth of Jesus mas this year in a land of plenty, we national Christmas tree in the south is observed on every continent. The would be heartless indeed if we were in- grounds of the White House. customs and traditions are not always different to the plight of less fortunate President Truman goes on and says, the same, but feelings that are gen- peoples overseas. We must not forget sitting here in my own home, so like erated between friends and family that our revolutionary fathers also other homes all over America, I’ve members are equally strong and equal- knew a Christmas of suffering and des- been thinking about some families in ly warm. olation. Washington wrote from Valley other once-happy lands. We must not God bless you.

VerDate Mar 15 2010 06:55 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00135 Fmt 4634 Sfmt 0634 E:\CR\FM\K21DE7.182 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8922 CONGRESSIONAL RECORD — HOUSE December 21, 2010 This is from President George H.W. lust and power lust, they will lose their We shouldn’t be paying people for Bush’s message December 8, 1992: dur- inheritance to other evil people who every child they can possibly have out ing the Christmas season, millions of will be glad to take it from them. of wedlock so that we encourage nearly 45 years of people having babies out of people around the world gather with b 2050 family and friends to recall the events wedlock. No one cares for deadbeat that took place in Bethlehem almost Thus it comes to us, the sacred, real- dads. It’s despicable to have fathered a 2000 years ago. As we celebrate the ly sacred obligation that we owe this child and to not help in any way with birth of Jesus Christ, whose life offers Nation to ensure our common defense the upbringing and the sustenance of us a model of dignity, compassion and so that the inheritance of all those the child that a father helped bring in alive today will be passed on to future justice, we renew our commitment to the world. And yet the answer lies not generations. We don’t have these free- peace and understanding throughout in providing a financial incentive to doms because we earned them. We were the world. Through his words and ex- lure young single women into a rut not born to freedom because we de- ample, Christ made clear the redemp- from which they cannot extricate served it. We were born to freedom, tive value of giving of one’s self for themselves. It’s immoral to lure young others came to this Nation, to freedom, others. And his life proved that love women into ruts with no hope of get- because of the sacrifice of others who and sacrifice can make a profound dif- ting out. went before us. And so we enjoy the ference in the world. And as a judge, I was prompted to freedoms and inheritance, the endow- Over the years, many Americans leave the bench when I first started ment we have today. about thinking about running for Con- have made sacrifices in order to pro- We can fritter away this endowment mote freedom and human rights. gress as I saw these young women who or we can protect it. We can avoid uni- came before me for welfare fraud or for Around the globe the heroic actions of laterally disarming and protect the our veterans, the lifesaving work of selling drugs, and their stories seemed American people in this blessed coun- so hopeless. But they were told if you scientists and physicians and gen- try so that future generations can just have a child, forget high school, erosity of countless individuals who enjoy that same inheritance. you can start getting a check. And voluntarily give of their time, talents Another message, Christmas message there are young women around the and energy to help others all have en- from George W. Bush was this: ‘‘During country who are going into this Christ- riched humankind and confirmed the Christmas, we gather with family and mas week feeling they have no hope. I importance of our Judeo-Christian her- friends to celebrate the birth of our saw them in my courtroom. And this itage in shaping our government and Savior, Jesus Christ. As God’s only Congress is to blame, the ones that pre- values. Son, Jesus came to Earth and gave His ceded us are to blame. You meant well. Moving on to 2002, December, George life so that we may live. His actions Congress meant well. But instead of W. Bush’s message. He said, through- and His words remind us that service helping, we hurt future generations. out the Christmas season, we recall to others is central to our lives and Not just one, future generations. that God’s love is found in humble that sacrifice and unconditional love It’s time we undid that. It’s time places, and God’s peace is offered to us must guide us and inspire us to lead that in a spirit of Christmas we don’t all. For nearly 80 years, in times of lives of compassion, mercy, and jus- legalize taking somebody’s money that calm and in times of challenge, Ameri- tice. The true spirit of Christmas re- doesn’t want us to have it and giving to cans have gathered for this ceremony. flects a dedication to helping those in our favorite charity. What we legalize The simple story we remember dur- need, to giving hope to those in de- is incentives for people to reach their ing this season speaks to every genera- spair, and to spreading peace and un- full, God-given potential, regardless of tion. It is the story of a quiet birth in derstanding throughout the Earth. their race, creed, color, national origin, a little town on the margins of an in- ‘‘As we share love and enjoy the tra- gender. We make sure that they have different empire. Yet that single event ditions of this holiday, we are also that opportunity. That’s our obliga- set the direction of history and still grateful for the men and women of our tion. changes millions of lives. Armed Forces, who are working to de- And as we go and approach Christ- For over two millennia, Christmas fend freedom, secure our homeland, and mas, I close with the words of Ben- has carried the message that God is advance peace and safety around the jamin Franklin in 1787. Suffering from with us; and because He’s with us, we world. This Christmas, may we give gout, 80 years old, the Constitutional can always live in hope. thanks for the blessings God has grant- Convention was falling apart. There Our entire Nation is always thinking, ed to our Nation.’’ seemed no hope. Eighty-year-old at this time of the year, of the men and We took an oath to provide the pro- Franklin, brilliant as ever, witty and women in the military, many of whom tection for this Constitution, in es- clever as ever, but who had to have will spend this Christmas at posts far sence this country, against all enemies, help getting into Independence Hall, from home. They stand between Ameri- foreign and domestic. We did not take was recognized by the president of the cans and grave danger. They serve in an oath to legalize theft from people Constitutional Convention, President the cause of peace and freedom. They who earn money to give to our favorite George Washington. wear the uniform proudly, and we are and many extremely deserving chari- And he pointed out we have been proud of them. table causes. That’s not what we were going for nearly 5 weeks, we have more That’s George W. Bush, December supposed to do. We need to defend this noes than ayes on virtually every vote. 2002, Presidential Christmas message. Nation so that others can be as philan- Franklin said, ‘‘How does it happen, And I might interject at this point, thropic, as charitable as only Ameri- sir, that we have not thought of once we know from our Declaration of Inde- cans seem to reach the full height of applying to the father of lights to illu- pendence, we are endowed by our Cre- doing. minate our understanding? In the be- ator with certain unalienable rights, In this Christmas season, we want all ginning contests with Great Britain, and among them is the right to life, people of all religions to be able to when we were sensible of danger, we liberty and the pursuit of happiness. worship as they choose freely so long had daily prayer in this room. Our Then why, some would ask, if we’re en- as they do not threaten the freedoms of prayers, sir, were heard, and they were dowed, if these are given as an inherit- this country. We have an obligation, graciously answered.’’ That’s not a ance, why then do people all over the we took an oath, an oath before God deist, by the way. world not have life and liberty and the below those words, ‘‘In God We Trust.’’ He went on and eventually said, ‘‘If a opportunity to pursue happiness like Well, the people have trusted us not to sparrow cannot fall to the ground with- we do in this country? shirk our duties to defend this Nation. out His notice, is it possible that an It is an endowment. The Founders And so that means individually we empire could rise without His aid? We had that right. But as with any inherit- should be charitable, individually we have been assured, sir, in the sacred ance that’s left to heirs, if the heirs are should serve and help others, but as a writing that unless the Lord build the not willing to protect their inherit- Congress and as a Nation we should house, they labor in vain that build ance, if they’re not willing to fight the provide incentives for people to reach it.’’ Franklin went on and said, ‘‘Firm- forces of evil, forces of greed, forces of their God-given potential. ly believe this.’’ He said, ‘‘I also firmly

VerDate Mar 15 2010 06:55 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00136 Fmt 4634 Sfmt 0634 E:\CR\FM\K21DE7.184 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 21, 2010 CONGRESSIONAL RECORD — HOUSE H8923 believe without His concurring aid, we ing two jobs at a time, washing dishes dible. If outright bans don’t meet the shall succeed in our little political and any other minimum-wage job he limits of a flawed judicial decision, building no better than the builders of could find here. He said he would save that at the very least transparency Babel. We will be confounded by local a little bit every year for his family must be required. ‘‘We the people’’ partial interests, and we ourselves nest egg and enough to return to his have a fundamental right to know who shall become a byword down through home to be with his family for 2 is spending millions of dollars to influ- the ages.’’ months each year. ence who is elected to our Congress. He eventually moved that henceforth As the father of two young sons, I ‘‘In order to form a more perfect we begin each day with prayer in Con- was floored, and said he could put mil- union.’’ I believe the greatness and gress. It was seconded by Mr. Sherman, lions of dollars in the back seat of that goodness of our country is that ours is unanimously adopted. And then Mr. taxicab that night for me if I only a history of each generation trying to Randolph added not only that, since would agree to be away from my wife reach ever-closer toward the ideals of this was the end of June, he added a and sons as much as he had been from liberty and justice for all. Rights that provision that everyone in Congress be his family, and it would not even be a were once just the domain of white required to go hear a Christian evan- temptation. male landowners have slowly but sure- gelist on July 4th before they return I asked him why he did it, and I will ly been expanded to more and more and begin again in the constitutional never forget his answer. He said, I had Americans. The barriers of race, reli- making. a hope and a dream that some day I gion, gender and sexual preferences And one of the diaries reported that might be able to raise my three chil- have with great pain and sacrifice after that, and after they heard that dren in a country where they could slowly been knocked down. This road Christian message, after entering into have just two things—religious free- of progress has been paved with detours joint prayer as a Congress, led by a dom and the opportunity to be what- and roadblocks along the way, but it local minister, there was a new atmos- ever they wanted to be. has inevitably been a road of progress phere, there was a new spirit, and as a Now, he said, my family is together toward a more perfect Union. result we got the Constitution that is here. I am a U.S. citizen. My sons are I am proud that in 2008 our Nation the greatest founding document of any studying to become engineers and my broke the racial barrier for the highest nation in the history of the world. daughter will be a doctor. office in our land. But I temper that Now, that is something that we have to This hardworking immigrant taught pride in 2010 with the disappointment thank God for. me a lot that night in his taxicab that the issue of race is still an issue So at this time of blessings, and about the American Dream and what is for anyone over a century-and-a-half thanks giving, and this Christmas sea- so special about our country. after the signing of the Emancipation son, Madam Speaker, I yield back. I realize our democracy is not per- Proclamation. Let us not, however, let fect, and I am well aware of the imper- the imperfections of our Union blind us f fections of those of us who serve in it. from seeing our blessings and our b 2100 But sometimes in the midst of our progress toward becoming a more per- PERSONAL OBSERVATIONS ABOUT daily lives, we Americans need to stop fect Union. ‘‘Establish justice.’’ In a society that OUR DEMOCRACY AND OUR and think about our many blessings as is often critical of our legal system, I COUNTRY citizens of this great country. In a time of widespread cynicism toward govern- am grateful that we live in a country The SPEAKER pro tempore. Under ment, I believe it is also worthwhile to that presumes innocence until guilt is the Speaker’s announced policy of Jan- ask ourselves what is the role of our proven and that offers the fundamental uary 6, 2009, the gentleman from Texas Federal Government. There can be no right to a jury trial. While frivolous (Mr. EDWARDS) is recognized for 30 min- better foundation for that answer than lawsuits do occur and should be utes as the designee of the majority the Preamble to our Constitution: stopped whenever possible, reason leader. ‘‘We the people of the United States, should dictate that we not limit the Mr. EDWARDS of Texas. Madam in order to form a more perfect union, constitutional right of the citizen to a Speaker, as I leave Congress after 20 establish justice, insure domestic tran- jury trial and that that right should years, I would just like to share a few quility, provide for the common de- not be based on one’s wealth. It is not personal observations about our defense, promote the general welfare, and fair to begin the work of Congress in mocracy and our country. secure the blessings of liberty to our- this House on this floor with the words First and foremost, I believe we still selves and to our posterity, do ordain of our Pledge, ‘‘with liberty and justice live in the greatest country in the and establish this Constitution for the for all,’’ and then proceed on the House world. We are a blessed Nation, and we United States of America.’’ floor moments later to cut legal aid for have more freedoms and opportunities As with any statement of principle, low-income citizens. than most citizens of the world could our Founding Fathers left honest room ‘‘Insure domestic tranquility and ever imagine. The proof that all is not for disagreement on the specifics of in- provide for the common defense.’’ In a wrong in our country today is that our terpretation, but I would like to make world where evil and greed will always immigration challenge is not that peo- several personal observations. exist, defending our citizens’ lives and ple are trying to leave our country; it The preamble first begins with the property must always be a top respon- is that millions of people from all parts words ‘‘We the people.’’ Those words sibility of government. That is why I of the globe would do almost anything, make it clear that the cornerstone of am so grateful for the noble calling of including risking their lives, to come our democracy is the people—not poli- those who choose to serve our Nation here. ticians, not Presidents, not any insti- in law enforcement and in military Several years ago, I learned a lot tution or special interest. uniform. Those who defend us from about our country from a D.C. taxicab I believe one of the frustrations to- criminals here at home or from threats driver. In hearing his accented English ward government today is that ‘‘we the from abroad have chosen a noble call- late one night when I arrived at Na- people’’ don’t feel government is listening in life and should always be treated tional Airport, I asked him when he ing to or working for us. There is a with our words and our deeds as the first came to our country. He answered sense that the voice of the special in- true heroes they are. 20 years earlier. Then I asked him if he terest is too often drowning out the The record will show that in the past had a family, and he answered, yes, a voice of everyday citizens. 4 years under the Democratic leader- wife, two sons and a daughter. I asked There is much truth in that observa- ship of Speaker PELOSI and with the if they had come with him when he tion, and I have concerns that the re- leadership of Chairman OBEY and came here 20 years ago, and he said, no, cent Supreme Court decision to let cor- Chairman FILNER and others, this Con- they came 3 years earlier. He went on porations and unions spend unlimited, gress has made unprecedented strides to explain. Imagine this: unaccountable, untraceable amounts of in our investments in better health For 17 years he came to our country money in campaigns will make the care and benefits for our veterans. We for 10 months out of every year, work- voice of everyday citizens even less au- did so while recognizing that we can

VerDate Mar 15 2010 06:55 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00137 Fmt 4634 Sfmt 0634 E:\CR\FM\K21DE7.185 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8924 CONGRESSIONAL RECORD — HOUSE December 21, 2010 never fully repay our debt of gratitude that loose association of States. There God-given and should be protected as that we owe those who have served our are some today who envision turning the divine gift it truly is. Our troops Nation in uniform and their families. the clock back to a system that didn’t have, for over two centuries, protected ‘‘Promote the general welfare.’’ On work over two centuries ago and cer- our freedoms from threats from abroad. this principle there can be much honest tainly would not work today in today’s Here at home we must continue to be disagreement, and I respect that fact. more complex society and economy. faithful stewards of the freedoms of re- Perhaps what is most important in this Despite its imperfections, I believe ligion, speech, press, and association. idea to me is that it underscores that the Federal Government plays a vital It is no coincidence that the first we Americans are not just individuals role in providing for the general wel- words of the Bill of Rights are dedi- separate from one another, but that fare of we the people. At the same cated to the principle of religious lib- our Founding Fathers recognized the time, I would say that the general wel- erty built upon the foundation of what welfare of one is not distinct from the fare of our children and grandchildren Thomas Jefferson called the sacred welfare of all of us. ‘‘We the people’’ demands that the Federal Government wall of separation between church and truly have common bonds as American do a better job of living within its State. Congress shall make no law re- citizens. means. specting an establishment of religion My personal view is that government While deficits are to be expected in or prohibiting the free exercise thereof. cannot ensure success for individuals. times of war and recession, long-term Religious freedom is the first freedom. That requires hard work and solid val- deficits must be brought down. This It is the freedom upon which all other ues, and those come from our families should be one of the highest national freedoms are built. Mr. Madison and and our faith, not from the govern- priorities in the years to come. After Mr. Jefferson understood that religion ment. Yet I do believe that the general having turned serious deficits from the should be based on a pedestal high welfare of ‘‘we the people’’ is enhanced early 1990s into the surpluses of the above the reach of politicians. if government and private enterprise late 1990s, Congress, in my opinion, I believe America’s model of religious work together to give those willing to made an enormous mistake in letting liberty is perhaps the greatest con- work hard and play by the rules a fair expire the pay-as-you-go rules, passing tribution to the world from our experi- opportunity for just a few things in life massive unpaid-for tax cuts in 2001 and ment in democracy. It has been built for themselves and their families. 2003, and in expanding Medicare pre- upon the bedrock of church-State sepa- scription drug programs in 2003, with ration. And for those who misunder- b 2110 none of these being paid for. This is not stand that principle, church-State sep- A good job, a decent home and a safe rocket science. It is simple math. Mas- aration does not mean keeping people neighborhood, affordable health care, a sive tax cuts passed in 1981, in the face of faith out of government. It does quality education for their children, of a major defense buildup, led to his- mean keeping government out of our and retirement security. Government toric, unprecedented deficits. Two dec- faith. All of human history has proven cannot guarantee these outcomes, but ades later, the same mistake was re- that if politicians are allowed to regu- it should work to provide a fair oppor- peated when Congress passed massive late and get involved in religion, they tunity to all willing and able to work tax cuts, the first ever of their kind cannot withstand the siren songs of using religion as a means to their own hard for them. Government should pro- during a time of war. Those of us who political ends and of stepping on the vide a helping hand to those who are opposed those tax cuts predicted they rights of religious minorities by trying willing to help themselves. would lead to deficits. Those who sup- to ingratiate themselves with the reli- The general welfare, to me, really ported the tax cuts, if you’ll check the gious majority. means opportunity. And it is my belief record, said they would not lead to that the ultimate goal of government If I could offer only one piece of ad- deficits. We were right, unfortunately, vice to the press, the public, and to fu- should be to provide every child in and they were wrong. America—every child—a fair oppor- ture Members who will serve in Con- It is my hope that the free lunch phi- gress, it would be to be aware of those tunity to reach his or her highest God- losophy of no-pain balanced budgets given potential. That is what Head who, whether motivated by good faith has been discredited enough by now so or by political gain, would try to help Start, public school funding, college the next Congress can realistically religion by chiseling away at the wall student financial aid, and many other make the tough choices needed to get of separation between church and Federal programs are all about. These our fiscal house back in order. Repub- State. God doesn’t need their help or programs are helping hands, not hand- licans in Congress need to stop ped- government’s help. If He chose to give outs. They’re investments in oppor- dling the disproven that tax cuts pay each of us the right to believe or not to tunity for our citizens and our coun- for themselves. They do not. Demo- believe, it would be sacrilegious for try’s future. crats in Congress need to understand politicians to limit that divine right. For those who cannot help them- that spending must be cut, that no cuts Government can make a lot of mis- selves because of their physical or will be done without pain, but that ul- takes that can be corrected, but if the mental health care problems, we the timately uncontrolled deficits will Pandora’s box of intermingling govern- people are a compassionate people, and harm low- and middle-income families ment and religion is ever open, it will the general welfare, along with our even more through slower economic unleash divisions among us that we basic sense of decency and faith, dic- growth and the crowding out of edu- cannot even imagine. Human history tate that we help those who cannot cation and health programs by increas- has proven that lesson over and over help themselves. That is a proper role ing interest payments on the national again. Mr. Madison and Mr. Jefferson of the Federal Government. debt. got it right in the first 16 words of the For those who believe there’s vir- Most importantly, the partisan fin- Bill of Rights, and it would be wrong to tually no role for the Federal Govern- ger-pointing should stop and the bipar- undo those words or the principle they ment much beyond national defense, I tisan work should begin. It should represent. would point out that our Founding Fa- begin to ensure the general welfare of In the short run, I have some serious thers realized over two centuries ago we the people is served by a physically concerns about our democracy. Par- that the failure of the Articles of Con- sustainable Federal debt level. The tisanship is too prevalent, especially federation was that they committed choices will be difficult, but if they are since solving the major challenges fac- ourselves to being a country of sepa- made on a bipartisan basis, the people ing our country—the deficit, health rate States, more than one union. of the country will understand the ne- care, energy, immigration reform, and That’s why our Founding Fathers com- cessity of those tough choices, just as competing in the world economy—will mitted to adopting a new Constitution they did in 1983 when President Reagan require bipartisanship to not only pass with stronger powers vested in a Fed- and Speaker Tip O’Neill worked to- effective legislation but to secure pub- eral Government. Our Founding Fa- gether to save Social Security. lic support for those laws after their thers so long ago understood that the ‘‘Secure the blessings of liberty to passage. general welfare of our citizens could ourselves and our posterity.’’ Our fore- Sound-bite politics of television and not be effectively served by simply fathers understood that freedom is radio interviews and talk shows and

VerDate Mar 15 2010 06:55 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00138 Fmt 4634 Sfmt 0634 E:\CR\FM\K21DE7.187 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 21, 2010 CONGRESSIONAL RECORD — HOUSE H8925 campaign ads make it difficult to de- school; the military widow who asks rado (Mr. POLIS) is recognized for 30 velop responsible solutions to complex how she can help other grieving wid- minutes as the designee of the Major- problems. Thirty-second campaign TV ows; the soldier who misses the births ity Leader. ads are seldom a template for respon- of his two children while he is serving Mr. POLIS. Madam Speaker, I rise sible problem-solving. The stovepiping his country overseas; the veteran who today to talk about the young people of news sources, where citizens are continues giving back to country long whose futures are impacted by our Con- hearing the news they want to hear, re- after his or her service is completed; gress’ failure to find a path forward inforcing their already held views, is and the hardworking small business with regard to the DREAM Act or to digging deeper the lines of political di- people—farmers and workers—who find some way of determining what vision in our country. The demonizing work hard every day just to provide a they should do, what they should be— of those who think differently is cre- better life and hope for their families. these Stateless individuals, these ating coarseness in our political dis- I will never ever forget Erin young people, these children of our Na- course that neither serves our democ- Buenger—a beautiful, little, red-headed tion. racy nor sets a positive example for our girl from Bryan, Texas—in my dis- The DREAM Act is truly one of the children. If adults don’t treat each trict—who came to Washington to most, if not the most, important pieces other with respect, can we expect any lobby me for better health care re- of legislation that we have discussed on different from our children? search for rare children’s diseases. For the floor of the House. Certainly, for 7 years, Erin fought bravely against a the individuals involved, it means ev- b 2120 rare cancer, neuroblastoma. Yet you erything—everything—to hundreds of The loss of centrists—Republicans would never have known she had had a thousands of de facto Americans. To and Democrats alike—in Congress will bad day in her life because she was so them and to all of us, it is extremely make it more difficult in the years full of life. Erin won my heart. She won important. We have a choice between ahead to find the common ground of my heart before she died at the age of forcing a brain drain from our country compromise. A parliamentary govern- 12, but her spirit will always live on to or retaining the best and brightest to ment can work with one party on one inspire me and those blessed to know contribute to our economy and make end of the political spectrum and an- her—to inspire us to do better, to be our economy stronger and our Nation other on the other end with few in be- better. As long as we have Americans more prosperous. tween, because the party in the major- with the courage, values, and heart of I will discuss the moral, economic, ity in that type of government has the Erin Buenger, who personified the educational, and security reasons why power to implement its programs. How- American spirit, our Nation’s future we should pass the DREAM Act. As ever, in our American democracy, built will be bright. this Congress failed to act on the upon the principle of checks and bal- I would save the last words I will DREAM Act, it remains an issue that ances, bipartisanship is needed to pass speak from this House Chamber for my we simply must address with regard to laws on major issues and then to earn family. Throughout my years in Con- these young people, and it cannot be acceptance of those laws from the pub- gress, it was my wife, Lea Ann, and our ignored. I also want to pose two ques- lic. two sons, J.T. and Garrison, who al- tions. The financial problems of major re- ways kept me grounded. Every day of One is: What would we ask of these gional newspapers have reduced the im- public service has truly been an honor, young people? What do we want them pact of one of the key checks and bal- and I am grateful to the people of Cen- to do? The second: What action would ances of our democracy—a vigorous tral Texas for that privilege, but they undertake that is best for us and and free press. throughout the years, it was the love our country? What should we be asking The financial power of corporations, from my family and my love for my them to do for us? unions and special interests, especially family that always meant the most to First of all, what we are talking under the Citizens United Supreme me. It was their love that reminded me about here are young people who grew Court case, to spend unlimited, non- what life and public service should be up in this country, who were brought transparent millions in congressional about. here when they were 2 years old, when races without any accountability to I can never say enough about the per- they were 6 years old by parents who the public who funds those races could sonal sacrifices and responsibilities were illegal immigrants but who made seriously undermine the integrity of that Lea Ann took on to make my no choice to ever violate our laws and not just campaigns but of voting deci- work possible. She has been my per- grew up in this country as any other sions made by Members of Congress. sonal hero throughout these years, and American does. The young people we Despite all of these challenges in the I love her with all my heart for who are talking about are the children that short term, I am confident of Amer- she is and what she has done as a wife, any parent would be proud of—our sons ica’s long-term future. Our people and as a mother, as a USO cochair, and as and daughters, our classmates in our our democracy are resilient. When a Boy Scout leader. schools, our brothers and sisters of na- Americans face hardship, we find a way To our sons J.T. and Garrison, it is tive-born Americans, kids who stayed to endure and overcome those hard- my hope that somehow I have shown in school and graduated, who work ships. They always have. We always them that trying to make a positive hard, who stay out of trouble, who have and always will as a people. When difference for others is part of our mis- serve in our military. They are the our democracy gets off center, we the sion here on Earth, and that that mis- children of our great Nation. people find a way to bring it back in sion begins with loving our families. We in our country should be proud— line. Serving the American family has not proud of the broken and dysfunc- In every generation, including that of been the privilege of my life, but the tional immigration system and lack of our Founding Fathers, there have been joy of my life has always been my fam- enforcement that put them in this situ- predictors of doom. In every genera- ily. ation; not proud of their parents’ violation, they have been wrong. Americans We the people are fortunate to live in tions of our immigration laws, no mat- have faced a revolutionary war, a civil the greatest Nation in the world. God ter how out of touch with reality those war, two world wars, and a great de- has truly blessed us, and now it is up to laws may be; certainly not proud of the pression. In each case, we the people us to be good stewards of those bless- indignities, discrimination, and fear found a way to meet those challenges ings. that these young Americans have faced and overcome them. Thank you. at every turn—but proud, proud of how While I have met some famous people f these young Americans have overcome over the past 20 years of my public adversity and have demonstrated service, I have seen the soul and spirit THE DREAM ACT AND ITS WAY American exceptionalism, their pluck, of America through the lives of every- FORWARD their ingenuity, their ambition, their day citizens. It is they who give me The SPEAKER pro tempore. Under drive, and their creativity in pursuit faith in our future. It is the teacher the Speaker’s announced policy of Jan- of, as our Declaration of Independence who volunteers to help students after uary 6, 2009, the gentleman from Colo- puts it, life, liberty and the pursuit of

VerDate Mar 15 2010 06:55 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00139 Fmt 4634 Sfmt 0634 E:\CR\FM\K21DE7.189 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8926 CONGRESSIONAL RECORD — HOUSE December 21, 2010 happiness. These young people embody 15 years. Claudia was brought to the our economy better, create jobs and the very best of our American values, United States when she was 7 years old. prosperity for America? Luis said, and we should be proud to call them In high school, she was vice president America is the place where you can our countrymen. of the Latino Youth Leadership Club make things happen. Madam Speaker, I was touched, Madam Speaker, by and engaged in hundreds of hours of we want Luis in America. the great risks that many of these community service tutoring younger This debate is about Angel. Angel is young people took in putting them- kids. Claudia enjoyed tutoring younger a senior in high school, currently in selves out there—allowing their names children and wants to be an early my district in Colorado. His parents to appear in newspapers and their faces childhood education teacher, teaching brought him from Zacatecas, Mexico, to appear on television—in putting preschool and kindergarten. when he was 6 years old. In high school, their futures at risk simply to tell us She has no immediate family in Gua- he’s very active and serves on the stu- the story that they know we would un- dalajara, Mexico, where her family dent council and the theater club. He derstand: that they are here and that took her from. She was brought up won an essay contest a couple of years they are American. here and she doesn’t have any memo- ago and got a trip to New York City This is a great Nation, and we will be ries of her old country. She’s a role where he told me how excited he was to stronger still, greater still with the full model for her 11-year-old sister. She meet members of the cast of ‘‘Wicked.’’ participation of these young de facto said, It’s sad that we’re looked upon The 4 days he spent in New York City Americans, each with the opportunity differently than other people, even helped show Angel a key interest in the to go as far in life as their ambitions though we’ve been here long enough to arts, and he wants to go to college for and abilities will take them. I want to know everything. This law would help the performing arts. He just turned 19 talk about a few of these young people me be near my family. Claudia, when years old and serves as a role model for today. this Congress manages to pass the his brother, who is in the same situa- Prior to our successful passage of the DREAM Act and immigration reform, tion and is 14 years old and was DREAM Act out of the House—unfortu- would likely transfer to the University brought here when he was 1 year old. nately, it later died in the Senate—I of Colorado closer to her family. It Angel has no memories of any other talked on the phone to several of the poses a question for us. Put yourself in countries, and he’s never been to Mex- young people in my district, my con- that situation: What would we do? ico. Madam Speaker, we want Angel as stituents, who would be directly im- What’s the right thing to do? Madam an American. pacted. Speaker, we want Claudia as an Amer- This debate is about Michelle, a con- ican. stituent from my district. I talked to b 2130 This debate is about Luis. Luis was her on the phone last week. Michelle This debate is really about young brought to the United States by his was brought to the United States when women like Zendy. Zendy was brought parents when he was 10 years old in she was 7 years old. Her little sister to the United States when she was 4 2001. I talked to him on the phone last had a skin disease caused by pollution years old from Zacatecas, Mexico. week. He grew up as American as any- in Mexico City. She had a good life in Zendy grew up in the United States body else. He was active in the French Mexico City. Her dad was a lawyer. Her and didn’t even know that her parents club and was on the soccer team at mom stayed at home. Now, both her had taken her illegally until she was 9 Skyline High School. He was accepted parents clean homes in the United years old when one of her friends was into the University of Northern Colo- States. flying to Montana and their family in- rado but couldn’t attend because of his Michelle is now in her first semester vited her but her parents told her she lack of status. He wants to be a psy- at Community College of Denver. She couldn’t go because she didn’t have pa- chiatrist, but he’s not in school be- went to Fairview High School and was pers. Zendy went to prom senior year cause of immigration status. He was on the girls soccer team as a forward. like other high schoolers. It was really accepted to the University of Colorado, She also won an award from the Boul- cool, she said. Finally, my mom let me assigned to a dorm, went to classes for der Youth Advisory Board, or YOAB, and I wanted to look pretty for prom. I the first day, went up there and reg- for greatest helper in the Boulder com- didn’t have a date so me and my istered, but wasn’t able to attend be- munity because of her community friends went together. cause of out-of-state tuition. Luis said, service. She credited one of her teach- Now, Zendy has a passion for law en- There’s never a difference between me ers, Mrs. Carpenter, for helping to get forcement. As she puts it, quote, I want and my peers. her involved with community service, to help stop the drug cartels. Zendy, Luis also seems to have a potential including the Rotary Club. Michelle who is currently enrolled at the Com- career ahead of him perhaps as a pun- has never been back to Mexico City. munity College of Denver, wants to be dit or in public service or even perhaps She’s now 18 years old. She found out a DEA agent. Our decision in Congress as a, God forbid, lobbyist because the she was undocumented in 8th grade will determine if she engages in law en- way he put it to me is in language that when she wanted to go on a school trip forcement to protect our laws or is pur- would translate to Members of this to Washington, D.C., our Nation’s cap- sued by law enforcement in violation of Chamber. Luis said, with under- ital. our laws. We will create either an standing far beyond the average for his Michelle wants to transfer to study agent of public safety, or we will crim- age of 19, Many of the Republicans are marine biology. She said, I would love inalize a young woman because of ac- looking into the money side of things. to study marine biology, but I’m not tions that were not her own. What I would tell them is that they sure they will let me because of my sit- The question that will face us and should look at us not as a burden but uation. She continued on the phone the next Congress: Will we allow Zendy as someone who would brighten their with me last week, My life is here now. to become someone who protects us or future. We are here and we’re not going It’s not our decision to come here, but someone who we must spend money to go anywhere, and we’re going to we came and we’re studying and we’re criminalizing and hunting? Which ben- make this country better, create jobs, trying to make our life better than our efits America more? Zendy said, I want and make the economy better. parents and to make a good life for to be in law enforcement in doing what And I would ask any of my col- ourselves. They are stopping the I want to do in my life. Madam Speak- leagues, particularly those in this dreams for students who don’t have pa- er, we want Zendy as an American. Chamber or the other Chamber that pers. I don’t know if they want us to This debate is about Claudia. have not yet been supporters of the work in McDonald’s or Wendy’s. I don’t Claudia’s 21 years old and is a third- DREAM Act, why are they against know what they want us to do. They year college student at the University making our country better, creating aren’t letting us reach our goals or our of New Mexico. She attends college in jobs, and making the economy better? dreams. New Mexico because, unfortunately Or is there somehow a disconnect and Madam Speaker, I ask all of us, What and shamefully, my own State of Colo- they don’t believe that Luis as a psy- do we want Michelle to do? I believe, rado doesn’t offer in-State tuition to chologist versus Luis as a worker in Madam Speaker, that we want residents who have lived there 10 years, the underground economy would make Michelle as an American.

VerDate Mar 15 2010 06:55 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00140 Fmt 4634 Sfmt 0634 E:\CR\FM\K21DE7.191 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 21, 2010 CONGRESSIONAL RECORD — HOUSE H8927 Constituent service is one of the degree from Colorado’s premier engi- constituents of ours who are stateless most fulfilling components of our job neering school, forced to serve in the individuals? on both sides of the aisle. An elected military of a foreign country where he The theme of my service in Congress office, it’s fundamentally a helping oc- knows no one, trying to obey orders in is human capital issues: improving our cupation. We enjoy helping people. We a language he doesn’t understand. It’s schools, our education, increasing ac- might have different ideas about how farcical. This is a waste of human cap- cess to higher education, taking on en- to do it, but that’s why we’re here. ital, a waste of our taxpayer money to trenched interests where necessary to There is little satisfaction as good as spend hundreds of thousands of dollars improve our human capital. But the helping a veteran who served our coun- educating Chih, only to force him to flip side of the education aspect of de- try get the benefits that he’s entitled serve in the military of a country veloping human capital is immigra- to but had been wrongfully turned where he doesn’t even speak the lan- tion. Not only do we want to grow the down by a faceless bureaucracy. We’re guage and has no loyalty. It’s absurd. next generation of global leaders here fundamentally in this business to help And it happens every day. at home, but we want to import the people. When a constituent can stay in The DREAM Act, which our House best and brightest from around the their home because of our work and passed and the Senate failed to act on, world, and we keep shooting ourselves finding an alternative to foreclosure, will solve it; and it will be the chal- in our own foot in this regard. what thrill can top that for a Member lenge for all of us in this body in the We lost Chih not because of him but of this body? next Congress to answer how we can because of us. We turned a highly And then, Madam Speaker, there’s help Chih and others like him. We hold trained taxpayer-financed engineer times when we’re not able to help. Chih their futures in our hands, Madam into an incompetent enlistee in a for- Tsung Kao is 24 years old. His story Speaker. And while this Congress failed eign military. It doesn’t sound very started when he was 4. He entered the to act, the question doesn’t go away. It smart to me. We should want to pro- States with his mother with a visitor’s puts all of us in a position of having to vide students with powerful incentives visa, which was later changed to a stu- go back to these young people—Clau- to stay in school, do well, and grad- dent visa. I talked to him on the phone dia, Zendy, Chih—and say, Not yet, uate. A 2010 study by the UCLA North last week. He said, I was basically when we all know it’s inevitable. dropped off at my grandmother’s in This debate is about how to make our American Integration and Develop- ment Center estimated that the earn- Boulder, Colorado, as my mother left country stronger, more secure, more ings from the beneficiaries of the back for Taiwan. prosperous. This debate is about our DREAM Act over the course of their During his stay with his paternal values. This debate is about Zendy and working lives would be between $1.4 grandparents, his student visa expired Luis. This debate is about our country trillion and $3.6 trillion for America. due to their negligence. They forgot to and our future. renew it. Chih was 17 years old before We’ve invested over $70,000 of tax- We want them working in America. We are causing a brain drain of our own he learned that his visa had expired. payer money in Michelle’s education. making, a drain in which the very best Since then he’s looked for different Now it’s our choice: Do we want her to of a generation, the college-bound, the legal routes to obtain some sort of be a respected marine biologist or an graduate school-bound, the doctors, the legal status, all leading to that end. I illegal immigrant cleaning buildings servicemen, the scientists and poets was impotent in my office, as were our for $6 an hour? It’s up to us. Which is are given a terrible choice: go to a dis- Senators, to help young Chih find any better for us? Which is better for our tant land where you have no connec- route that would allow him to con- Nation? In our shoes, what do we want tions, may not even speak the lan- tribute to this country. Chih is a col- them to do, these young people, to bet- guage, or stay here and work in an un- lege graduate with a civil engineering ter us and to better our Nation? Is degree from the Colorado School of derground, unskilled labor market. somehow consigning a future scientist Fixing immigration and the DREAM Mines, our premier engineering univer- who might discover the cure to cancer sity in Golden, Colorado. Act would also improve our national to clean offices at 2 in the morning at And now, Madam Speaker, Chih is security. Leaders from the armed serv- minimum wage or below wise? serving in the Taiwanese military due ices have been nearly unanimous in Michael Crow, president of Arizona to their conscription policy, and he’s their support of the bill because they State University said, ‘‘There is a mil- trying to readjust to his life there. recognize it would help our military lion-dollar difference, over a lifetime, This is how he describes his life. He shape and maintain a mission-ready, between the earning capacity of a high said, I’m illiterate in Chinese which all-volunteer force. Former Secretary school graduate and a college grad- makes simple, everyday tasks here in of State General Colin Powell and mili- uate.’’ Drew Faust, president of Har- the military difficult. I’m trying to tary leaders from both parties have learn basic spoken Chinese, but I can’t vard said, ‘‘The DREAM Act would spoken in support of the DREAM Act, even understand their basic commands. throw a lifeline to these students who as has Defense Secretary Robert Gates. I try to move when others move. I will are already working hard in our middle You know, I don’t frequently make see how they will utilize me after my and high schools and living in our com- moral arguments in this Chamber. I basic training ends and I’m assigned to munities by granting them the tem- heard one of the earlier speeches by a new post, but many superiors have porary legal status that would allow Mr. GOHMERT. And our theology doesn’t told me they’re not sure what they’re them to pursue postsecondary edu- have a lot in common, Madam Speaker, going to do with me. cation.’’ but we try to find common ground. I By fixing this, Madam Speaker, we think the Members of this Chamber, b 2140 will not only help these young people, whether they come from the faith tra- Now, you know, Chih contacted my but we will help eliminate the achieve- ditions of Christianity or Judaism, office for help, but I wasn’t able to in- ment gap in our schools and inspire Islam or Buddhism, agnosticism or tervene. And America lost this great other students to achieve, by upping atheism, various strings of orthodoxy mind, this great contributor, this great the ante of performance in our public within their traditions, we like to con- engineer. schools. sider ourselves moral people. He wrote to me an email. He said he In the words of Secretary Arne Dun- Let me quote from Deuteronomy hopes that his story helps paint a small can of Education, he said, ‘‘Passing the 24:16: ‘‘Fathers shall not be put to piece of a larger picture for those who DREAM Act will unleash the full po- death for their sons, nor shall sons be don’t understand the situation and the tential of young people who live out put to death for their fathers.’’ There feeling of helplessness that many stu- values that all Americans cherish—a is not a moral code prevalent in Judeo- dents and young people have. He said, strong work ethic, service to others, Christian thought that suggests that It’s a hard thing, feeling like the coun- and a deep loyalty to our country.’’ it’s moral for humanity to visit the try you consider home doesn’t want If not the DREAM Act, then what? sins of the father upon the son. you in the country at all. What do we tell these young people? These commonsense values are re- Visualize this image, Madam Speak- What do I tell Michelle? What do I tell flected in our legal code. When some- er, of a young man with an engineering Zendy? How do any of us answer these one dies, their debts aren’t passed to

VerDate Mar 15 2010 06:55 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00141 Fmt 4634 Sfmt 0634 E:\CR\FM\K21DE7.193 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8928 CONGRESSIONAL RECORD — HOUSE December 21, 2010 the son or daughter. When an adult is We’re talking about, with regard to I want to pose two questions. One is: pulled over for a speeding ticket, no these young people, one of the politi- What would we ask of them? What do ticket is given to the 2-year-old riding cally easiest, bipartisan, most eco- we want these young people to do? in the child’s seat in back. But that’s nomically important, most morally That’s what they ask me. What would exactly what, in this debate, some peo- pressing elements of immigration re- you have us do? ple are advocating: Ticket the 2-year- form, recognizing the hundreds of thou- And the second: What is best for us old who was along for the ride, they sands of de facto Americans who were and our country? say. What that 2-year-old was doing brought here as minors without their Claudia posed it well. What do they was illegal. They were speeding too. knowledge or consent and that our tax- want us to do? she said. The child was speeding. payer dollars have educated and will be Instead of going to college and serv- But regardless of one’s faith, pun- living their lives in our Nation as legal ing in the military, are we telling Clau- ishing the wrong person for a crime be- entities with potential to eventually dia to clean buildings at night? Are we cause of a blood relation, because of obtain the full rights and responsibil- telling her to become a nanny or a con- happenstance defies our ethical sense. ities of citizenship. struction worker? Are we telling her to Some have said, This is some kind of You know, passing the DREAM Act go to a country where she doesn’t know amnesty. One can’t grant amnesty to would reduce the number of illegal im- anyone, barely speaks the language, people who haven’t committed any migrants in our country by 500,000 peo- and hasn’t even been to in her mem- wrong, who have not violated any law. ple. Those who oppose the DREAM Act ory? I want Claudia to be the best darn It makes no sense to talk of amnesty support the ongoing presence of over marine scientist in the United States for a 2-year-old who is brought along 500,000 more illegal aliens within our and to make great scientific discov- on a ride that they didn’t choose. borders. Opponents of the DREAM Act eries that benefit humanity and im- Ticketing the 2-year-old makes no make a travesty of the rule of law and prove our knowledge of the ocean. more sense than penalizing a child for facilitate the ongoing presence of un- passively being brought here by their For those who oppose the DREAM documented foreign nationals inside Act, I ask them: What do you want parents. A 2-year-old, a 5-year-old, an our country which hurts the budgets of 11-year-old not only is incompetent to Claudia to do? counties, cities, and frustrates States, make a choice to violate the law; but These stateless young people will be with good reason. Opponents of the even if you assume that they were, and a credit to any nation. Let’s make it DREAM Act would make a criminal, a 6-year-old was competent for their our Nation. rather than a police officer, out of decisions to violate our immigration Madam Speaker, this debate is about laws, they are, in practice, unable to Zendy. Ray. Ray was brought here when she economically or socially separate from b 2150 was 2 years old. Her parents told her that she was born in the United States the family unit that provides for their States like Arizona have taken ac- sustenance. No one with any degree of so she wouldn’t feel the stigma of being tions against illegal immigration pre- foreign born. So Ray grew up not common sense can say a 6-year-old cisely because of the size of this issue should leave their parents if their par- knowing she was foreign born until she and Congress’ complete failure to do was a teenager. Ray wanted to be in- ents are violating some law. A child anything about it. has to go with their parents. There is volved with fashion. Her tough, can-do With the DREAM Act, we had a attitude led her to start her own lace nothing else a child can do. chance to cut illegal immigration in- With our proposals, we were willing business. Now, unfortunately Ray is no stantly by 5 percent. That’s substan- to even say we don’t even go up to the longer with us. She passed away. But tial. I’d rather cut it by 100 percent, age of 18. To eliminate any question, don’t fret. This immigrant story ends but 5 percent is something we can be we said, If you are 17, if you are 16, happily. Ray Keller, my great grand- proud of, a first step to show the Amer- then you are going to somehow be re- mother, passed away at the age of 98 in ican people we’re serious about solving sponsible. You should know better. You 1989. Without friendly immigration should leave your parents and home the immigration issue. laws that allowed people to naturalize, At the same time, it strengthens our and support structure. And that’s a I wouldn’t be standing here before you painful concession to make because I economy, improves our schools, makes today as a Member of Congress. think many of us know in our hearts money for taxpayers, $1.7 billion, and So too, Madam Speaker, there are fu- that 16-year-olds, 17-year-olds that we restores the rule of law to our Nation. ture generations of Americans includ- know, are they really mature and capa- The CBO said that it will reduce the ing, I’m sure, future Members of this ble enough to leave their parents and deficit by $1.7 billion. That doesn’t body who are relying on Congress to survive completely on their own? Some even include the future income streams act to recognize their forebears as the might be, but many are not. we talked about earlier. I certainly ex- excellent Americans they already are. So we set the maximum age of 15 in pect that all Members who are serious Madam Speaker, Ray Keller was a the DREAM Act. That’s a concession about reducing the deficit will enthu- proud American. This speech tonight is we made, we thought, to make this bill siastically support deploying the talent not a eulogy for a lost opportunity to low-hanging fruit to get it passed be- that these young people have to bear in pass the DREAM Act and replace our cause no one can argue that an 8-year- our country. broken immigration system; rather, old or a 12-year-old is capable of what In my home State of Colorado, this speech is a challenge, a challenge we expect a 17- or 18-year-old to have roughly 46,000 people would have been to the next Congress to give all of us done under this bill. The lack of having eligible under the DREAM Act. Madam an answer, an answer for what Claudia some mechanism of adjusting the sta- Speaker, I have to go back to them and should do, an answer for what these tus of these stateless individuals, these tell them, Not yet. Be patient. Keep young people, these children of our de facto Americans is immoral for our playing by the rules. Study hard. Work country should do with their lives, Nation and forces underage children to hard. Our country will get it right. I should do with their lives to pursue bear the heavy costs of their parents’ hope it’s next year. I hope it’s the year their own dreams and should do with decision to violate our laws. after. But not yet. their lives to contribute to the only You know, I wish that we had passed Our decision before us was clear. We country they know—the United States comprehensive immigration reform had the choice of making a marine sci- of America. entist out of Claudia or an illegal im- and replaced our broken immigration f system with one that worked, and I am migrant. Last week, I’m sad to say, proud to say I am a cosponsor of the Madam Speaker, that while our House LAME DUCK CONGRESS House bill to have done that. We should would have made a marine scientist The SPEAKER pro tempore. Under reduce the number of illegal immi- out of Claudia, the failure of action in the Speaker’s announced policy of Jan- grants from about 15 million to about the Senate has made Claudia an illegal uary 6, 2009, the gentleman from Iowa close to zero. And we know how, and we immigrant. Our Nation deserves more (Mr. KING) is recognized for 60 minutes. can. But we did not, so we are where we scientists and engineers, not more ille- Mr. KING of Iowa. Madam Speaker, are. gal immigrants. it’s always a privilege and an honor to

VerDate Mar 15 2010 06:55 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00142 Fmt 4634 Sfmt 0634 E:\CR\FM\K21DE7.195 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 21, 2010 CONGRESSIONAL RECORD — HOUSE H8929 address here on the floor of the House. it’s heartfelt, and I think he is deeply The Social Security Administration And we’re in the waning days, waning convinced that it’s the right policy and seems to turn a blind eye towards the hours perhaps, of this 111th Congress as agenda for America. As we move close implications of the illegal employment many are prepared to go home for to Christmastime, knowledge that he and the fraudulent documents that are Christmas, and by the count of the has is a viewpoint, and I think he’d ac- used for people to work unlawfully in votes on the board tonight, some have knowledge that I have mine. I will the United States because often those gone home for Christmas. stand up, Madam Speaker, for the rule claims on the Social Security trust And I listened to the remarks of the of law. fund aren’t ever filed. People are walk- gentleman from Colorado who spoke And the implications of what goes ing away from it. ahead of me, and I’m not of the spirit along with the very well named but not If they are working illegally in the to directly rebut each of the points very good policy DREAM Act, I think, United States, often those illegal work- that he’s made. I want to stay within became more and more aware to the ers will claim the maximum number of the Christmas spirit here tonight, American people. And as they spoke dependents so their withholding on Madam Speaker, and simply address and weighed in and made their calls in their State and Federal income tax is that there is another viewpoint, and the Senate, then this project, this vote zero. But they pay the payroll tax, the that other viewpoint was heard. that was held in the Senate failed. And Social Security, the Medicare, and the We have, over the last 4 years in this when it did, that’s the end of it for the Medicaid because they really have no Congress, seen significant majorities 111th Congress. And it’s pretty un- choice with that. But then they aren’t for Democrats, and there were opportu- likely that it will be the beginning of it going to be in a position to tap into nities for Democrats to seek to pass in the 112th Congress as the Congress is that as an illegal worker in America. their immigration legislation which configured. And so, from my stand- So the duplications that go on and they constantly refer to as comprehen- point, I’m looking forward to the work the money that flows into the Social sive immigration reform. And that has that we must do and the work that we Security trust fund, a significant become what the American people un- must do to address the immigration amount of that is rooted in illegal derstand; comprehensive immigration issue coming forward. labor. Social Security trust fund, reform is a euphemism for amnesty. There is something that I think is a happy enough getting those extra reve- And even though there were opportuni- bipartisan interest to us though, nues coming in, and the Department of ties along the way over the last 4 years Madam Speaker, and that is, I hear on Homeland Security seems to want to under the Pelosi speakership, there both sides of the aisle, and I began to secure some of the areas that are their hasn’t been a significant piece of their hear this about 6 years ago, the con- due, but not reach out and actually put version of immigration reform that’s cern about how employers were victim- together a network that would address passed. And, of course, neither has izing employees who were unlawfully this thing in a broader holistic way. there been a significant piece of immi- here in the United States, working un- So I was looking at that thinking, gration enforcement that has passed, lawfully in the United States. which agency actually does an effec- especially over the last 2 years with tive job of enforcing the laws that they b 2200 President Obama in the White House, have and which one is most respected having made those promises that he So I began to look at how can we ad- by the American people? And as I cast would be supporting and working to- dress this in a bipartisan way. And my mind across these agencies, it came wards the passage of some type of com- even though it seems as though the to the IRS. The IRS has the respect of prehensive immigration reform. Obama administration and Janet every taxpayer in America. They don’t And as we saw the majority shift Napolitano included are unwilling to want to be audited. They fear an audit. here in the House of Representatives enforce immigration law against em- Was it 58 percent of the people would dramatically, where we have 96 new ployees, they are willing to enforce it rather have a root canal than an IRS freshmen coming in, 87 of them are Re- against employers. Note some of the audit? Root canals may or may not be publicans. And I don’t think there’s enforcement action that has gone in all that painful, but that’s one of the anyone out there that looks at the re- and just gathered the information from measures that came out in one of the sults of the election and believes that the illegal employees, but not brought pollster’s numbers, 58 percent would this House of Representatives is going charges against them, nor started de- rather have a root canal than be au- to be persuaded by emotional argu- portation, but brought just the charges dited by the IRS. I would be among ments. The incoming House of Rep- against the employer instead. them. I would rather have the tooth resentatives, with the 87 Republican So I looked at this situation a few pulled myself. freshmen that are coming in and years ago and put together a proposal, But the IRS does an effective job of swearing in here on January 5, I be- and this proposal takes into account enforcing the law, and they do an effec- lieve, will be a Congress that sets the the Democrat viewpoint, the Repub- tive job of going down through a per- rule of law in very high respect and is lican viewpoint. Both of us are op- son’s books and accounting and coming not as swayed by individual anecdotes posed, I believe, in principle, to em- up with flaws that are there. So I put and more concerned about the empir- ployers victimizing employees, of them together a proposal, and it’s called the ical data and what really happens to a flouting the law and capitalizing on the New IDEA Act. The New IDEA. New country over the long term that cheaper labor that they are able to hire IDEA stands for the New, and the acro- doesn’t enforce its laws. That’s what I and compete against their competitors nym IDEA is Illegal Deduction Elimi- think we can expect to come. who would be complying with the law. nation Act. What it does is it clarifies I am the ranking member of the im- And also it recognizes that this Federal that wages and benefits are not tax-de- migration subcommittee, and on that Government has found itself sometimes ductible for Federal income tax pur- committee, over the last 2 years, with where the right hand doesn’t know poses if they are going to an illegal em- Chair LOFGREN chairing that sub- what the left hand is doing. And some- ployee. And it gives the employer safe committee, there have only been eight times the agencies within the govern- harbor if that employer uses E-Verify. hearings in 2 years on immigration. ment are working at cross-purposes to So if the employer in their hiring of That’s fine with me because the agenda each other. employees runs the Social Security that they would have driven would One of those examples would be a So- numbers, the identification informa- have been, I think, an agenda that I cial Security Administration that tion that’s on the I–9 form into E- would have opposed. deals with millions and millions of no- Verify, and it comes back and they But nonetheless, those eight hearings match Social Security numbers or So- only hire those employees that clear that have been held, only eight in 2 cial Security reports that are dupli- through E-Verify, then we give them years, four hearings a year, that’s all cated multiple times, the same Social safe harbor. But if they have employees the activity that’s really measurable in Security number used multiple times, that are on the list, the Social Secu- the immigration subcommittee. maybe all across the country where we rity numbers will be on the tax form And so I think when the gentleman know it’s impossible to be in two jobs when the IRS comes in to do a normal from Colorado makes his case, I think at the same place at the same time. audit. We don’t accelerate the audits,

VerDate Mar 15 2010 06:55 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00143 Fmt 4634 Sfmt 0634 E:\CR\FM\K21DE7.197 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8930 CONGRESSIONAL RECORD — HOUSE December 21, 2010 just a normal audit. The IRS would cial Security Administration and the the will of the American people and then punch the Social Security num- Department of Homeland Security to stop. bers of those employees that are on the put together a cooperative team so b 2210 tax form into E-Verify; and if it comes that they are sharing information so back they are all lawful to work in the that when the right hand doesn’t know Stop digging, stop moving the radical United States, no problem. If it what the left hand is doing, we put social agenda. In fact, stop moving the bounces back that some of them can- them together and require that they radical socialist agenda. HARRY REID not be confirmed to work lawfully in cooperate with each other so that the should stop, Speaker PELOSI should the United States, we give the em- right hand and the left hand and the stop, Barack Obama should stop, and this Congress should have only dealt ployer time to cure, the employee time middle hand of the IRS, Social Secu- with those issues that were necessary to cure. And if the employer uses E- rity Administration, and Department to keep this government functioning in Verify, again they have safe harbor. of Homeland Security all know what its proper fashion between November But the IRS then can conclude that each other is doing, all are cooperating the wages and benefits have been paid 2nd and January 5th. towards a common goal of cleaning up This Congress could have passed a to illegals, and therefore those wages the illegal workforce in America simple continuing resolution like this and benefits are not tax deductible. through the New IDEA Act. House did today that would have What that does then is it kicks that And I think that that has some prom- bridged the gap through November, De- business discount, the schedule C busi- ise and an opportunity to one day be- cember, maybe even January and Feb- come law in this Congress. And I in- ness expense, over onto the profit col- ruary, but have gotten a smooth tran- umn. When it does that, it makes that tend to work it pretty hard. That’s sition over into the next Congress, a income, and the income then is taxable something that I think can be respect for the voice and the will of the for interest and penalty. proactive. American people, as Republicans essen- And so the net result will be roughly Now, I wanted to speak, though, as I tially did in the year 2006, respected this: if an employer is hiring illegals came here tonight, Madam Speaker, I the will of the American people. roughly at say $10 an hour, and I can do wanted to address the situation of a This has not been to be. One radical the math on this, Madam Speaker, and lame duck session. A lame duck ses- thing after another. Don’t Ask, Don’t the IRS comes in and does the audit sion, this lame duck session has been Tell comes through here on the floor. and concludes that an employee is ille- full of all kinds of issues that I think That is a piece of policy that had all gal at $10 an hour, by time the tax didn’t have any business being in the the last 2 years to be brought forward, that’s applied to that as a business in- lame duck session. A lame duck session if that was the will of the majority. come as opposed to an expense, and the is, of course, for those listening in, it’s But the majority was afraid of the interest and the penalty is applied, the the session of Congress that takes wrath of the American voters. $10 an hour illegal employee becomes place after the election. They were afraid of the wrath of the about a $16 an hour illegal employee, So the election took place November American voters, so they didn’t bring a causing the employer to make the ra- 2, and there was a dramatic shift in budget. It is required by statute. Since tional decision with their capital, and seats here in this Congress. And as in a 1974, the first time this Congress hasn’t that is clean up their workforce before shift in power, all the gavels are chang- passed a budget, the House of Rep- the IRS shows up. ing hands going over from Democrats resentatives since 1974. It didn’t happen There is a 6-year statute of limita- to Republicans, including the Speak- this year. tions. It’s cumulative. The clock would er’s gavel. And this will happen on Jan- The process was shut down, Madam start to tick on that when the bill uary 5 of this upcoming year, not very Speaker, so that first the thing that would become law. And then over a far from now. And as that happens and went away was the open rule that al- course of 6 years, there would be a cu- this dramatic shift is taking place, it’s lowed any Member to offer an amend- mulative 6-year statute of limitations. because the people in America have ment on an appropriations bill that That means that employers the first spoken. The people in America have could cut spending down or plus spend- year would see 1 year of exposure, sec- spoken up, and they have said, we want ing up and make some reasonable ond year 2, obviously, on up until 6 to change course. changes within the germaneness rules years. And the greater the exposure, They watched President Obama of the policy of the appropriations the greater the risk and the liability digging this hole economically, so- rules. But that was shut down in the and the greater the incentive to clean cially, I think a radical social agenda, second year of the Pelosi speakership. up their workforce as they move for- I think a radical economic agenda, for- And then there were the appropria- ward. eign policy agenda that I don’t quite tions bills themselves shut down, and But it doesn’t pull the plug on any- have a theme figured out for. But the they began to run this government on one. It’s not a dramatic change. It is a President’s agenda, the agenda of continuing resolutions, omnibus spend- business incentive plan that I think Speaker PELOSI, the agenda of HARRY ing bills. The omnibus spending bill will move thousands of employers into REID, the American people said, Stop, that was brought up in the United the legal employment business. you have been digging a hole. Been States Senate, $1.72 trillion, full of And today it’s New IDEA Act, it’s digging a deep hole with roughly $3 pork, chuck full of earmarks, 6,600 ear- H.R. 3580. And I believe it will become, trillion in spending that’s over and marks, pork that just dripped with fat in the upcoming Congress, the most above what would be normal spending in the United States Senate. And the useful and effective piece of immigra- here in this Congress. And the Amer- American people finally rose up and tion legislation that this Congress may ican people went to the polls November they let the Senators know it is no consider. And it’s likely to be referred 2, and they took the shovel out of the longer going to be business as usual. to the Ways and Means Committee be- hands of President Obama by means of The American people have risen. cause there are tax components to it. shifting the majority here in the House They have packed this Capitol with And I look forward to working with of Representatives and changing the tens of thousands of people, and they people to get the cosponsorships on the gavels from the hands of Democrats come with their American flags, their bill and work it through the process into the hands of Republicans. yellow Gadsden flags, the Don’t Tread and earn a hearing and perhaps earn a When the people of America say stop, on Me flags, Constitutions in their markup, and one day see it go over to it’s enough, the people that are serving pockets, patriotism on their heart, the Senate, where I would be glad if in this Congress in this lame duck ses- tears in their eyes at what they see is they would take it up and onto the sion, this session between November 2, happening in this country. The Amer- President’s desk. It’s something that the election, and January 5, which is ican people have done everything that should have bipartisan support again, the swearing-in of the new Congress, you could ask them to do in a constitu- Madam Speaker. H.R. 3580 the New the people serving in this Congress tional fashion. The American people IDEA Act, the IRS coming in. need to understand when the American have peacefully petitioned the govern- By the way, the bill also requires the people said enough, that’s too much, ment for redress of grievances. It is Internal Revenue Service and the So- stop, this Congress needed to respect constitutional.

VerDate Mar 15 2010 06:58 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00144 Fmt 4634 Sfmt 0634 E:\CR\FM\K21DE7.198 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 21, 2010 CONGRESSIONAL RECORD — HOUSE H8931 And, Madam Speaker, this Congress’ the gap between the election in Novem- hausted. I spent weeks fighting this heart was hardened. They refused to ber and the new Congress in the early with everything that I have. And the listen to the American people. They part of January with just the minimum rest didn’t last very long. After about rammed through out of this House the amount of legislation necessary to 21⁄2 hours I was up thinking about what cap-and-tax bill, cap-and-trade some make that transition. can we do? call it, a debilitating bill that punishes If the majority holds the same and It is extraordinarily unusual to have American industry and American in- there is work that needs to be done and a piece of legislation, especially a high- vestment and American entrepreneurs not very many seats have changed dra- profile, hard-fought piece of legislation and rewards other countries, puts us at matically, then in that case it is a lit- like ObamaCare, extraordinarily un- a disadvantage with emerging econo- tle bit different question. But when the usual to ever see anyone introduce leg- mies such as India and China. It passed majority changes and the majority islation to repeal the legislation that the House and not the Senate, thank- changes dramatically, as it did this has just passed. But I got up and I fully. time in a way more dramatic than 1994 drafted a bill draft request to do just I am thankful for the filibuster that even and as dramatic as going back to that, to repeal ObamaCare. And, curi- exists in the United States Senate. 1948 and another previous election, ously, without coordination, the same There is a complaint that it has been then no. thing was going on in the office of used too much and that something There have only been three or four MICHELE BACHMANN, and our bill drafts needs to be done to put an end to the times in American history that this came down within 3 minutes of each filibuster or to alter it. Well, I would Congress turned around the way it other. submit, Madam Speaker, that the rea- turned around this time, and at no b 2220 son the filibuster has been used this time to my knowledge has there been much is because of the radical agenda such an aggressive agenda driven in a Identically, the same 40 words that that has been driven through the Sen- lameduck session, including the idea of conclude with words pretty close to ate, promoted by the President, pro- taking up a treaty in the United States this: Repeal ObamaCare—a little more moted by the Speaker of the House and Senate. I don’t believe that has ever language—as if it had never been en- driven and managed by HARRY REID, been done. acted. That’s the quote, ‘‘as if it had the majority leader in the United So, Madam Speaker, we have had the never been enacted.’’ That’s a pretty States Senate, who looks like he will food safety bill today, the food safety complete way of talking about repeal- stay as majority leader in the United bill that is a $1.3 billion bill or $1.4 bil- ing a piece of legislation. States Senate. lion bill that is another big reach in There were those that thought that Cap-and-tax out of this House floor. government that brings in about 17,000 it was just an act of protest, an act of ObamaCare. We watched the President new government employees and inspec- frustration. They maybe thought that come in and nationalize the banks, the tors. neither one of us were enough of a We have the safest food in the world, insurance companies, the car compa- statesman that we could accept losing and we need an army of 17,000 addi- nies, Fannie and Freddie, the student on a vote like that and walk away and tional inspectors so that we can satisfy loans. All of that swallowed up, 33 per- fight on another issue another day. the urge to expand the nanny-state? It cent of the formerly private sector But, truthfully, it was simultaneously is the only reason I can think of that economy swallowed up by the Federal coming to the same conclusion, the we would have a policy like that. The Government. And then ObamaCare, the same conclusion that America cannot safest food in the world and the largest nationalization of our skin and every- reach the next level of its destiny if army to inspect the food, and now out thing inside of it. ObamaCare is going to be a component of the House goes the food safety bill, The American people came and sur- of that destiny because it ties us down, another irresponsible safety and rounded this Capitol. Not one deep because it anchors us, because it takes growth in government and unnecessary with arms stretched out as far as they away and diminishes our options as in- solution in search of a problem, Madam could go, six and eight deep all the way dividuals, because it mandates that we Speaker. buy insurance. There are, I think, four around the Capitol. We don’t have a Don’t Ask, Don’t Tell. Don’t Ask, constitutional violations in picture of that because of air security, Don’t Tell. The repeal of Don’t Ask, ObamaCare itself, and some of that is or there would have been news heli- Don’t Tell, one of the few policies that in the middle of being litigated right copters up above taking shots of the Bill Clinton endorsed that I thought now. human ring, six and eight deep all the was a good policy that actually was The commerce clause is the clearest way around the Capitol that was working. Another solution in search of and easiest one, and I am happy to see formed to tell this Congress stop. Stop. a problem. It is a political agenda. It is the decision by Judge Hudson in up- You are spending too much. You are a social experiment in our military. taking away our liberty. You are pass- Our military needs to be able to holding the suit that was brought by ing legislation that is unconstitu- fight. We need to listen to them. And Ken Cuccinelli in Virginia, and others. tional, or at a minimum constitu- when we hear the modified positions of And I look forward to the decisions tionally suspect. All of that taking our top military officers, one can only that will unfold from the Florida suit. place before the election. suspect that it is a possibility they are And it looks like about 25 States have And then at the election, the Amer- taking orders from the commander-in- joined in this litigation in one form or ican people poured forth and filled up chief. How about that. What would that another. And I’m hopeful that when the voting booth and put their mark mean, if a multiple-star general was our new Governor in Iowa is sworn in, down on their ballots, no, no, no, no, to taking orders from the commander-in- that one of the first acts in office he the radical social leftist agenda that chief and decided that he would have a will have is that Governor Branstad has been driven through this Congress, position on Don’t Ask, Don’t Tell that will join in the litigation against and that message should have been was less clear than it might have been ObamaCare in whatever capacity he is heard loud and clear before the stroke 2 or 4 years ago? able to do that. of midnight on the 2nd of November. The passage of ObamaCare, as I men- There are three ways to undo And the new day comes forward, the tioned, is another piece that came ObamaCare, Madam Speaker, and one new day came forward and we see noth- along in this past year, although not in of them is through the courts and ing but dig in, drive that agenda and a lameduck session. I look forward, every means of litigation at our dis- drive that agenda. I, Madam Speaker, Madam Speaker, to the repeal of posal, and that path is following pretty am here to speak up against it, and I ObamaCare as it passed here in late well. But we learned—we knew this ac- am hopeful that in any succeeding March of this year, late into the night. tually going in, but it was very clear— lame duck session that we have, wheth- I was the last one to leave the Capitol McCain-Feingold was one of those exer it would be Republicans in the ma- here at night, which isn’t new, but it amples, a piece of legislation that per- jority or Democrats in the majority, happened that night, I am confident. haps was signed by the President in an- that we respect the will of the Amer- As I walked home, I told myself, I am ticipation that the courts would over- ican people and stand down and bridge going to lay down and rest. I am ex- turn it. I don’t know that. I just say

VerDate Mar 15 2010 06:58 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00145 Fmt 4634 Sfmt 0634 E:\CR\FM\K21DE7.200 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8932 CONGRESSIONAL RECORD — HOUSE December 21, 2010 perhaps. But anybody that believed ward in the 112th Congress. And in my the repeal of ObamaCare, there’s no that the court was going to save us was consultation with Congressman agreement the Senate would take it up. disappointed in the short term and HERGER of California, I looked into the But surely, they’re not going to take it mildly pleased in the longer term. But language that he put together after I up unless we send it over there. So we one should never vote for and never had introduced the repeal language, need to pass the repeal, send it to the sign a piece of legislation that they be- and he did so after the reconciliation Senate, build the pressure so that they lieve will be unconstitutional because package that came from the Senate. can perhaps find a way to take it up in that leaves it up to the courts to do the There were two pieces of legislation the Senate. If they do so and the repeal job that we need to be doing as a legis- that came together to make up of ObamaCare gets passed by both lature. ObamaCare. One was the bill itself, and Chambers in the same form and it goes However, I believe the litigation the other one was a reconciliation to the President, yes, I, like every needs to go forward on ObamaCare and package that passed several weeks other thinking American, would expect that if the courts finally find all com- later. That reconciliation package President Obama to veto such legisla- ponents of it unconstitutional, we can needed to be included. So I added the tion, but we would have people on at that point perhaps wash our hands component of the Herger legislation re- record. We would have an agenda that of it and we should pass, then, a repeal peal to the repeal language that I’ve would be laid out. And that lays the to get it out of the books so it’s not sit- introduced and the same repeal lan- foundation to unfund ObamaCare, and ting there waiting to be litigated guage that I added that MICHELLE it lays the foundation then to take us again. BACHMANN introduced. And she and I to the point where we can elect a Presi- But I’m looking at the courts for re- filed that bill last Friday, just to add dent who will sign the repeal. That’s lief—short-term relief, injunctive re- some clarity and unity to the language the strategy. It needs to be done. lief—and I’m hopeful that all of we support for the repeal of If the American people are going to ObamaCare will be ripped out by the ObamaCare, with the complete agree- reach the next level of our destiny, we court. I believe that it has enough un- ment of Congressman HERGER from cannot have ObamaCare as an anchor constitutional components and no sev- California, who agrees with the lan- that’s tied around our leg that continu- erability clause, so that would tell me guage and encouraged me to file the ously sinks the entrepreneurs, sinks there’s a possibility that it all could be bill. the small businesses, grows the taxes, removed by its violations of our Con- So that’s there as a marker, so any- creates lines, rations care, prohibits us stitution. That’s one of the ways to ad- one that wants to take a look at it and from buying the insurance policies of dress the repeal of ObamaCare. see what it is that we want to repeal, our choice. The list goes on. Another way is for our States, our it’s ObamaCare; it’s the reconciliation b 2230 Governors, to refuse to implement package that came from the Senate. ObamaCare and to refuse to invest They did that in order to circumvent Mr. Speaker, I am well aware of the those State tax dollars in the high cost the filibuster. I thought that it was time of the season that we have here, of increasing Medicaid that it imposes legislative sleight-of-hand myself. And and I am thinking about the families of on the State and essentially throw a that’s what we got. all of those who are on their way home wrench in the works and resist the ad- I’m committed to the full, 100 per- tonight and of those who will be on ministration’s determination to imple- cent repeal of ObamaCare. I believe their way home tomorrow and perhaps ment ObamaCare, and do that from all that our leadership is committed to the the next day. of our Governors’ offices across the full, 100 percent repeal of ObamaCare. All the staff that works here in this country where we have people that op- And yes, there will be a lot of different Congress and the people who are here pose it. That’s another component of ways to look at this strategically. But as this team is tonight, recording every this opposition that can be effective. to march down through this beyond the word that comes from any Member of The third one, and the one that’s the repeal piece of legislation, which I an- Congress and who are in the middle of most essential and the one that, if it’s ticipate will be very early in the new this debate constantly, making sure completed, is the most certain is a Congress, my proposal is that we shut that everything is precisely, accurately statutory legislative repeal of off spending in every appropriations quoted and coordinated in this CON- ObamaCare. Since the tax bracket bill bill; that we put language in every ap- GRESSIONAL RECORD, are top-notch and came through last week that extended propriations bill that no funds and no the envy of the world. Of the team that the 2001 and 2003 tax brackets for 2 funds heretofore appropriated shall be is here, many of them I have worked years that provided for a $5 million ex- used to implement or enforce with for years, and I don’t know if emption for the estate tax and a 35 per- ObamaCare. If we do that with all the they’re Democrats or Republicans. I cent rate, fixed a few other things and appropriations bills going through the know that they respect the institution caused a lot of other problems, but 2011 calendar year, the 2012 calendar and the people who serve here. I appre- since that tax bill went through and year, by the time we arrive at the Pres- ciate them, and wish all of them a very there’s an agreement that’s made on it idential election in November of 2012, Merry Christmas and a happy new for 2 years, then I’ll submit, Madam it will be pretty clear that ObamaCare year. Speaker, that the most important has not been implemented, it has not While I look around at my col- piece of legislation that the new Con- been enforced, none of the dollars leagues, both Democrats and Repub- gress can take up, and I’m hopeful that would be allowed to be used for that. licans, and know some of their families incoming Speaker BOEHNER will elect And I’m hopeful that we will elect a and our staff from our offices, who toil to make H.R. 1 the first piece of legis- President who runs on the ticket and sometimes in oblivion, I think of all of lation here in the House of Representa- calls for the mandate from the Amer- that contribution that’s there, and I tives, H.R. 1, the standalone repeal of ican people that the first order of busi- am grateful for them all. ObamaCare, a 100 percent repeal of ness for the next President of the I also cast my mind’s eye overseas to ObamaCare; legislation that would United States who would be inaugu- some of the places that I have gone to stand on its own, that would be very rated on January 20, 2013, would be to visit our troops and our personnel. It clear, that would put up a vote in this have Congress put on his desk the re- just so happens that, a little over a House that would allow for a full repeal peal of ObamaCare and sign that as a year ago, I missed a family event that of ObamaCare in H.R. 1. first order of business as the next was of high importance to us because Just to put a marker down and de- President of the United States. That’s of duty here, and even though there clare the approach that I support, since the goal. It can be done. It isn’t a futile were quite a number of calls expressing I have taken this issue on in a personal effort. sympathy for that, a month later, I way and filed a discharge petition I’ve had some people say, Well, why found myself in Afghanistan. As I was where I have 173 signatures on that dis- do you think you can repeal seated in a late-night briefing, one of charge petition, I thought it was im- ObamaCare? The President would veto the generals—and I probably asked one portant that I articulate the legisla- it as soon as you pass the legislation. too many questions, and got a little bit tion that I would like to see come for- In the first place, if the House passes close to the personal side. He will know

VerDate Mar 15 2010 06:58 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00146 Fmt 4634 Sfmt 0634 E:\CR\FM\K21DE7.202 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 21, 2010 CONGRESSIONAL RECORD — HOUSE H8933 who he is, but I won’t utter his name I think he gets started, and he can’t ‘‘Blessing us all with their fine gifts into this RECORD, although I have great stop until he finishes it and brings it to they gave! respect for him as a patriot, as a war- a conclusion. This is a poem that he ‘‘Making us all so see, just how mag- rior and as a servant for America. wrote just a few days ago. It’s called nificent and He said, though, in that night con- ‘‘This Christmas.’’ inspiriting a heart can be! versation in Afghanistan, I was de- ‘‘This Christmas . . . ‘‘And remember all of those, whose ployed when they served divorce papers ‘‘As the snow falls to the ground . . . loved ones lie far on me from my first wife, and I started ‘‘And all the children dance, with across the shores . . . a new family. I have a girl and a boy. songs of joy so ‘‘As with each new day, brings such My little boy is 5 years old, and I have all around . . . great worry . . . so been deployed for three of his first five ‘‘With stockings hung by the chim- for sure! Christmases. neys with care . . . ‘‘But, waiting . . . but waiting for, I sat there and listened to that, and ‘‘With hopes and dreams, of Santa that knock on the it had been about a month since I had there . . . door . . . missed a very, very important family ‘‘With Christmas dinners and fires all ‘‘That phone call, that they now so event in my own family. I listened to aglow, as pray not for . . . that officer tell me of being deployed before this family a feast lies so . . . ‘‘Quiet heroes, one and all! when he received divorce papers, of ‘‘’O Holy Night! A Child was born, for ‘‘Watching them from Heaven, the being deployed for three of his son’s all to know!’ angel’s teardrops first five Christmases. I think he is de- ‘‘Joy to the world, let Heaven and na- fall . . . ployed right now. ture sing, but ‘‘Lord God, Lord God . . . bless them I think about the men and women remember . . . remember . . . remem- . . . bless them all! who put on the uniform and who are ber all of them, and ‘‘For these are the families, who have deployed in harm’s way around the all of those . . . paid the cost! world in Iraq, Afghanistan and in other ‘‘Those families! Those patriots of ‘‘Bore the burden, carry that cross, places around the world. peace! that cross of I was watching as the USS Harry ‘‘The ones, who’ll this Christmas . . . war! Truman docked here in the last day or will not so ‘‘This Christmas, as you hold your so. The sailors who got off of that ship together be!! families tight . . . were seeing babies born, their children ‘‘Who upon battlefields of honor ‘‘And all seems so fine, and all seems born—babies they had never seen since fight! so very they were born. Little babies were put ‘‘So far away from our country tis of right . . . in their arms. They’d kiss their wives thee, this ‘‘And you see all of those smiles upon quickly and pick up and marvel at a night . . . your little miracle that would be 2 or 3 or 6 ‘‘Men and women of such honor children’s faces, so bright . . . months old who they had never seen. bright, who for all of ‘‘Give thanks! Give praise! As upon Their own child. They weren’t home for us so carry that fight . . . your knees as the birth of the child. They missed ‘‘Why there can be peace on Earth, you begin to pray . . . weddings. They missed funerals. They because of their ‘‘For all of those families, who have got back when they could, but they light! so were deployed; they were at sea. They ‘‘Who now so live with such heart- sacrificed . . . were serving America. ache and death . . . ‘‘And remember their blessings, their That’s true on the USS Harry Tru- ‘‘Who upon each new day, their honor gifts of man. That’s true in places like Afghan- our lives so freedom . . . this night! istan and Iraq and other places around bless! ‘‘This Christmas . . . ’’ the world where we have our men and ‘‘As they so bless us one and all, with Mr. Speaker, I wish all of us a Merry women in uniform—our soldiers, sail- all of their Christmas and a happy new year. May ors, airmen, and marines—in harm’s gifts of most selfless sacrifice . . . we reconvene in the 112th Congress way every day, at risk of death, at risk ‘‘And all of those lost loved ones, who with a new spirit—a spirit that keeps of sacrifice, some losing their lives. lie in soft, in mind the price and the sacrifice paid While all of this is going on, sometimes quiet, cold graves . . . by our veterans and our families that we get wrapped up here, and we think ‘‘Teaching us all the true cost, the support them, the legacy that they ours is a sacrifice. price of freedom paid! have left for us, the duty that we have Well, Mr. Speaker, I would submit ‘‘Precious daughters and sons, hus- to honor their sacrifice. May we come that ours is a duty and a service and a bands and wives . . . back and join together in that task in privilege and an honor, and sometimes ‘‘Fathers and mothers, sisters and January of 2011. it is a sacrifice; but when we think brothers who gave May we go home and give great about our sacrifice here, I ask all to their lives . . . thanks for their sacrifice and the bless- think about the sacrifice over there, ‘‘That last full measure . . . as for ing of Our Lord and Savior, Jesus which is far greater—far more family them we cry! Christ. time lost and missed, moments that ‘‘Whose loved ones’ pain, will never With that, I yield back the balance of will never be recaptured again, limbs die . . . my time. lost, and lives lost . . . never to come ‘‘Who on this Christmas morning, sit f back again. with but tears So, with all of that in mind and with in eyes . . . LEAVE OF ABSENCE the Christmas season upon us, I would ‘‘As they listen to their children cry, By unanimous consent, leave of ab- like to close with a poem that was ’Mommy, sence was granted to: written by the greatest respecter of our Daddy . . . I wish you were by my Mr. CULBERSON (at the request of Mr. warriors in this Capitol building—Al- side.’ BOEHNER) for today and the balance of bert Caswell—who can be seen around ‘‘With one less place at the dinner the week on account of knee surgery. this Capitol, giving tours to the wound- table this Mr. DOYLE (at the request of Mr. ed on a daily basis with eagerness and year . . . they all so begin to cry . . . HOYER) for today. enthusiasm and a profound respect for ‘‘And all of those who have come Mrs. MCMORRIS RODGERS (at the re- those who have served us so well and home, without arms quest of Mr. BOEHNER) for today and especially for those who have been and legs, who did not die! the balance of the week on account of wounded and for those who have been ‘‘Without eyes and faces, with burned the birth of her daughter. lost. Sometimes he sits up in the mid- in all Mr. PASTOR of Arizona (at the re- dle of the night and will write a poem. places . . . in hospital beds they try!! quest of Mr. HOYER) for today.

VerDate Mar 15 2010 06:58 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00147 Fmt 4634 Sfmt 0634 E:\CR\FM\K21DE7.204 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8934 CONGRESSIONAL RECORD — HOUSE December 21, 2010 Mr. YOUNG of Florida (at the request of real property in Houston, Texas, to the Wednesday, December 22, 2010, at 11 of Mr. BOEHNER) for today on account Military Museum of Texas, and for other a.m. of family illness. purposes. H.R. 6533. An act to implement the rec- f f ommendations of the Federal Communica- EXECUTIVE COMMUNICATIONS, SPECIAL ORDERS GRANTED tions Commission report to the Congress re- ETC. garding low-power FM service, and for other By unanimous consent, permission to purposes. Under clause 2 of rule XIV, executive address the House, following the legis- H.J. Res. 105. Joint resolution making fur- communications were taken from the lative program and any special orders ther continuing appropriations for fiscal Speaker’s table and referred as follows: heretofore entered, was granted to: year 2011, and for other purposes. 11023. A letter from the Director, Policy (The following Members (at the re- f Issuances Division, Department of Agri- quest of Mr. MCGOVERN) to revise and culture, transmitting the Department’s final extend their remarks and include ex- SENATE ENROLLED BILLS SIGNED rule — Permission To Use Air Inflation of traneous material:) The Speaker announced her signa- Meat Carcasses and Parts [Docket No.: FSIS- Mr. MCGOVERN, for 5 minutes, today. ture to enrolled bills of the Senate of 2007-0039] (RIN: 0583-AD33) received December Mr. RANGEL, for 5 minutes, today. the following titles: 17, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Agriculture. Mr. JACKSON of Illinois, for 5 min- S. 118. An act to amend section 202 of the 11024. A letter from the Director, Policy utes, today. Housing Act of 1959, to improve the program Issuances Division, Department of Agri- Ms. KAPTUR, for 5 minutes, today. under such section for supportive housing for culture, transmitting the Department’s final Mr. DEFAZIO, for 5 minutes, today. the elderly, and for other purposes. rule — Uniform Compliance Date for Food Ms. WOOLSEY, for 5 minutes, today. S. 1481. An act to amend section 811 of the Labeling Regulations [Docket No.: FSIS- (The following Members (at the re- Cranston-Gonzalez National Affordable 2010-0031] (RIN: 0583-AD) received December quest of Mr. SHIMKUS) to revise and ex- Housing Act to improve the program under 17, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to tend their remarks and include extra- such section for supportive housing for per- the Committee on Agriculture. sons with disabilities. 11025. A letter from the Director, Regu- neous material:) S. 3874. An act to amend the Safe Drinking Mr. SHIMKUS, for 5 minutes, today. latory Management Division, Environmental Water Act to reduce lead in drinking water. Protection Agency, transmitting the Agen- f f cy’s final rule — Pesticide Tolerance Crop Grouping Program II; Revisions to General ENROLLED BILLS AND A JOINT BILLS PRESENTED TO THE RESOLUTION SIGNED Tolerance Regulations [EPA-HQ-OPP-2006- PRESIDENT 0766; FRL-8853-8] (RIN: 2070-AJ28) received Lorraine C. Miller, Clerk of the Lorraine C. Miller, Clerk of the December 3, 2010, pursuant to 5 U.S.C. House, reported and found truly en- House, reports that on December 17, 801(a)(1)(A); to the Committee on Agri- rolled bills and a Joint Resolution of 2010, she presented to the President of culture. 11026. A letter from the Director, Regu- the House of the following titles, which the United States, for his approval, the were thereupon signed by the Speaker: latory Management Division, Environmental following bills. Protection Agency, transmitting the Agen- H.R. 81. An act to amend the High Seas H.J. Res. 105. Making further continuing cy’s final rule — Metrafenone; Pesticide Tol- Driftnet Fishing Moratorium Protection Act appropriations for fiscal year 2011, and for erances [EPA-HQ-OPP-2008-0732; FRL-8854- and the Magnuson-Stevens Fishery Con- other purposes. 6A] received December 3, 2010, pursuant to 5 servation and Management Act to improve H.R. 2941. To reauthorize and enhance U.S.C. 801(a)(1)(A); to the Committee on Ag- the conservation of sharks. Johanna’s Law to increase public awareness H.R. 628. An act to establish a pilot pro- riculture. and knowledge with respect to gynecologic gram in certain United States district courts 11027. A letter from the Director, Regu- cancers. to encourage enhancement of expertise in latory Management Divison, Environmental H.R. 6198. To amend title 11 of the United patent cases among district judges. Protection Agency, transmitting the Agen- H.R. 1107. An act to enact certain laws re- States Code to make technical corrections; cy’s final rule — Extension of Tolerances for lating to public contracts as title 41, United and for related purposes. Emergency Exemptions (Multiple Chemicals) States Code, ‘‘Public Contracts’’. H.R. 6516. To make technical corrections to [EPA-HQ-OPP-2010-0981; FRL-8857-5] received H.R. 1746. An act to amend the Robert T. provisions of law enacted by the Coast Guard December 17, 2010, pursuant to 5 U.S.C. Stafford Disaster Relief and Emergency As- Authorization Act of 2010. 801(a)(1)(A); to the Committee on Agri- sistance Act to reauthorize the pre-disaster H.R. 4337. To amend the Internal Revenue culture. mitigation program of the Federal Emer- Code of 1986 to modify certain rules applica- 11028. A letter from the Director, Regu- gency Management Agency. ble to regulated investment companies, and latory Management Division, Environmental H.R. 2965. An act to amend the Small Busi- for other purposes. Protection Agency, transmitting the Agen- ness Act with respect to the Small Business H.R. 1061. To transfer certain land to the cy’s final rule — Flutolanil; Pesticide Toler- Innovation Research Program and the Small United States to be held in trust for the Hoh ances [EPA-HQ-OPP-2009-0775; FRL-8855-7] Business Technology Transfer Program, and Indian Tribe, to place land into trust for the received December 17, 2010, pursuant to 5 for other purposes. Hoh Indian Tribe, and for other purposes. U.S.C. 801(a)(1)(A); to the Committee on Ag- H.R. 3082. An act making appropriations H.R. 6278. To amend the National Chil- riculture. for military construction, the Department of dren’s Island Act of 1995 to expand allowable 11029. A letter from the Under Secretary, Veterans Affairs, and related agencies for uses for Kingman and Heritage Islands by Department of Defense, transmitting a re- the fiscal year ending September 30, 2010, and the District of Columbia, and for other purport of a violation of the Antideficiency Act, for other purposes. poses. Air Force Case Number 08-03, pursuant to 31 H.R. 4748. An act to amend the Office of H.R. 5591. To designate the airport traffic U.S.C. 1517(b); to the Committee on Appro- National Drug Control Policy Reauthoriza- control tower located at Spokane Inter- priations. tion Act of 2006 to require a northern border national Airport in Spokane, Washington, as 11030. A letter from the Under Secretary, counternarcotics strategy, and for other pur- the ‘‘Ray Daves Airport Traffic Control Department of Defense, transmitting a re- poses. Tower.’’ port of a violation of the Antideficiency Act, H.R. 4973. An act to amend the Fish and H.R. 4853. To amend the Internal Revenue Air Force Case Number 08-02, pursuant to 31 Wildlife Act of 1956 to reauthorize volunteer Code of 1986 to extend the funding and ex- U.S.C. 1517(b); to the Committee on Appro- programs and community partnerships for penditure authority of the Airport and Air- priations. national wildlife refuges, and for other pur- way Trust Fund, to amend title 49, United 11031. A letter from the Director, Office of poses. States Code, to extend authorizations for the Science and Technology, Executive Office of H.R. 6412. An act to amend title 28, United airport improvement program, and for other the President, transmitting a letter to re- States Code, to require the Attorney General purposes. port violations of the Antideficiency Act; to to share criminal records with State sen- f the Committee on Appropriations. tencing commissions, and for other purposes. 11032. A letter from the Deputy Secretary, H.R. 6473. An act to amend the Internal ADJOURNMENT Department of Defense, transmitting the De- Revenue Code of 1986 to extend the funding Mr. KING of Iowa. Mr. Speaker, I partment’s second quarter report for cal- and expenditure authority of the Airport and move that the House do now adjourn. endar year 2010 as required by the Joint Im- Airway Trust Fund, to amend title 49, United provised Explosive Device Defeat Fund; to States Code, to extend the airport improve- The motion was agreed to; accord- the Committee on Armed Services. ment program, and for other purposes. ingly (at 10 o’clock and 40 minutes 11033. A letter from the Under Secretary, H.R. 6510. An act to direct the Adminis- p.m.), under its previous order, the Department of Defense, transmitting the trator of General Services to convey a parcel House adjourned until tomorrow, final letter regarding the effect of extended

VerDate Mar 15 2010 07:41 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00148 Fmt 4634 Sfmt 0634 E:\CR\FM\K21DE7.206 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 21, 2010 CONGRESSIONAL RECORD — HOUSE H8935 and frequent mobilization of Reservists for Refrigerator-Freezers, and Freezers [Docket las/Fort Worth 1997 8-hour Ozone Nonattain- active duty service on reservists income; to No.: EERE-2009-BT-TP-0003] (RIN: 1904-AB92) ment Area; Texas [EPA-R06-OAR-2010-0412; the Committee on Armed Services. received December 17, 2010, pursuant to 5 FRL-9240-8] received December 17, 2010, pur- 11034. A letter from the OSD Federal Reg- U.S.C. 801(a)(1)(A); to the Committee on En- suant to 5 U.S.C. 801(a)(1)(A); to the Com- ister Liaison Officer, Department of Defense, ergy and Commerce. mittee on Energy and Commerce. transmitting the Department’s final rule — 11045. A letter from the Department Direc- 11053. A letter from the Director, Regu- Homeowners Assistance Program — Applica- tor, Regulations Policy and Management latory Management Division, Environmental tion Processing [DOD-2009-OS-0090] (RIN: Staff, Department of Health and Human Protection Agency, transmitting the Agen- 0790-AI58) received December 17, 2010, pursu- Services, transmitting the Department’s cy’s final rule — Technical Corrections to ant to 5 U.S.C. 801(a)(1)(A); to the Committee final rule — Medical Devices; General and the Standards Applicable to Generators of on Armed Services. Plastic Surgery Devices; Classifications of Hazardous Waste; Alternative Requirements 11035. A letter from the Chairman, Con- Non-Powered Suction Apparatus Device In- for Hazardous Waste Determination and Ac- gressional Oversight Panel, transmitting the tended for Negative Pressure Wound Therapy cumulation of Unwanted Material at Labora- Panel’s monthly report pursuant to Section [Docket No.: FDA-2010-N-0513] received De- tories Owned by Colleges and Universities 125(b)(1) of the Emergency Economic Sta- cember 17, 2010, pursuant to 5 U.S.C. and Other Eligible Academic Entities For- bilization Act of 2008, Pub. L. 110-343; to the 801(a)(1)(A); to the Committee on Energy and mally Affiliated With Colleges and Univer- Committee on Financial Services. Commerce. sities [EPA-HQ-RCRA-2003-0012; FRL-9240-5] 11036. A letter from the Regulatory Spe- 11046. A letter from the Director, Regu- received December 14, 2010, pursuant to 5 cialist, LRAD, Department of the Treasury, latory Management Division, Environmental U.S.C. 801(a)(1)(A); to the Committee on En- transmitting the Department’s final rule — Protection Agency, transmitting the Agen- ergy and Commerce. Confidentiality of Suspicious Activity Re- cy’s final rule — Approval and Promulgation 11054. A letter from the Director, Regu- ports [Docket ID: OCC-2010-0019] (RIN: 1557- of Implementation Plans; North Carolina: latory Management Division, Environmental AD17] received December 13, 2010, pursuant Greensboro-Winston-Salem-High Point; De- Protection Agency, transmitting the Agen- to 5 U.S.C. 801(a)(1)(A); to the Committee on termination of Attaining Data for the 1997 cy’s final rule — Approval and Promulgation Financial Services. Fine Particulate Matter Standard; Correc- of Implementation Plans; Mississippi; Pre- 11037. A letter from the Regulatory Spe- tion [EPA-R04-OAR-2009-0561-201053(c); FRL- vention of Significant Deterioration Rules: cialist, LRAD, Department of the Treasury, 9235-4] received December 1, 2010, pursuant to Nitrogen Oxides as a Precursor to Ozone transmitting the Department’s final rule — 5 U.S.C. 801(a)(1)(A); to the Committee on [EPA-R04-OAR-2009-0041-201058; FRL-9241-1] Standards Governing the Release of a Sus- Energy and Commerce. received December 17, 2010, pursuant to 5 picious Activity Report [Docket ID: OCC- 11047. A letter from the Director, Regu- U.S.C. 801(a)(1)(A); to the Committee on En- 2010-0018] (RIN: 1557-AD16) received December latory Management Division, Environmental ergy and Commerce. 13, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to Protection Agency, transmitting the Agen- 11055. A letter from the Director, Regu- the Committee on Financial Services. cy’s final rule — Approval and Promulgation latory Management Division, Environmental 11038. A letter from the Chairman and of Implementation Plans; North Carolina: Protection Agency, transmitting the Agen- President, Export-Import Bank, transmit- Hickory-Morganton-Lenoir; Determination cy’s final rule — Regulation of Fuels and ting a report on transactions involving U.S. of Attaining Data for the 1997 Fine Particu- Fuel Additives: Modifications to Renewable exports to Turkey pursuant to Section 2(b)(3) late Matter Standard; Correction [EPA-R04- Fuel Standard Program [EPA EPA-HQ-OAR- of the Export-Import Bank Act of 1945, as OAR-2009-0751-201054(c); FRL-9235-5] received 2005-0161; FRL-9241-4] (RIN: 2060-AQ31) re- amended; to the Committee on Financial December 1, 2010, pursuant to 5 U.S.C. ceived December 17, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on En- Services. 801(a)(1)(A); to the Committee on Energy and ergy and Commerce. 11039. A letter from the Chairman and Commerce. 11056. A letter from the Director, Regu- President, Export-Import Bank, transmit- 11048. A letter from the Director, Regu- latory Management Division, Environmental ting a report on transactions involving U.S. latory Management Division, Environmental Protection Agency, transmitting the Agen- exports to India pursuant to Section 2(b)(3) Protection Agency, transmitting the Agen- cy’s final rule — Hazardous Waste Manage- of the Export-Import Bank Act of 1945, as cy’s final rule — Action to Ensure Authority ment System; Identification and Listing of amended; to the Committee on Financial to Issue Permits under the Prevention of Hazardous Waste; Removal of Saccharin and Services. Significant Deterioration Program to Its Salts from the Lists of Hazardous Con- 11040. A letter from the General Counsel, Sources of Greenhouse Gas Emissions: Find- stituents, Hazardous Wastes, and Hazardous Federal Housing Finance Agency, transmit- ing of Substantial Inadequacy and SIP Call Substances [EPA-HQ-RCRA-2009-0310,FRL- ting the Agency’s final rule — Use of Com- [EPA-HQ-OAR-2010-0107; FRL-9236-3] (RIN: 9239-8] received December 14, 2010, pursuant munity Development Loans by Community 2060-AQ08) received December 3, 2010, pursu- to 5 U.S.C. 801(a)(1)(A); to the Committee on Financial Institutions to Secure Advances; ant to 5 U.S.C. 801(a)(1)(A); to the Committee Energy and Commerce. Secured Lending by Federal Home Loan on Energy and Commerce. 11057. A letter from the Director, Regu- Banks to Members and their Affiliates; 11049. A letter from the Director, Regu- latory Management Divison, Environmental Transfer of Advances and New Business Ac- latory Management Division, Environmental Protection Agency, transmitting the Agen- tivity Regulations (RIN: 2590-AA24) received Protection Agency, transmitting the Agen- cy’s final rule — Approval and Promulgation December 13, 2010, pursuant to 5 U.S.C. cy’s final rule — Methods for Measurement of Implementation Plans; New Jersey; 8-hour 801(a)(1)(A); to the Committee on Financial of Filterable PM10 and PM2.5 and Measure- Ozone Control Measures [EPA-R02-OAR-2010- Services. ment of Condensable PM Emissions from 0310, FRL-9214-4] received December 17, 2010, 11041. A letter from the Secretary, Federal Stationary Sources [EPA-HQ-OAR-2008-0348; pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Trade Commission, transmitting the Com- FRL-9236-2] (RIN: 2060-AO58) received Decem- mittee on Energy and Commerce. mission’s final rule — Administrative Wage ber 3, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); 11058. A letter from the Director, Regu- Garnishment received December 16, 2010, pur- to the Committee on Energy and Commerce. latory Management Division, Environmental suant to 5 U.S.C. 801(a)(1)(A); to the Com- 11050. A letter from the Director, Regu- Protection Agency, transmitting the Agen- mittee on Financial Services. latory Management Division, Environmental cy’s final rule — Approval and Promulgation 11042. A letter from the Assistant General Protection Agency, transmitting the Agen- of State Air Quality Plans For Designated Counsel for Regulatory Services, Depart- cy’s final rule — Oregon; Correction of Fed- Facilities and Pollutants, Commonwealth of ment of Education, transmitting the Depart- eral Authorization of the State’s Hazardous Virginia; Control of Emissions from Existing ment’s final rule — Supplemental Priorities Waste Management Program [EPA-R10- Hospital/Medical/Infections Waste Inciner- for Discretionary Grant Programs [Docket RCRA-2010-0947; FRL-9236-8] received Decem- ator (HMIWI) Units, Negative Declaration ID: ED-OS-2010-0011] (RIN: 1894-AA00) re- ber 8, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); and Withdrawal of EPA Plan Approval [EPA- ceived December 21, 2010, pursuant to 5 to the Committee on Energy and Commerce. R03-OAR-2010-0859; FRL-9240-2] received De- U.S.C. 801(a)(1)(A); to the Committee on Edu- 11051. A letter from the Director, Regu- cember 14, 2010, pursuant to 5 U.S.C. cation and Labor. latory Management Division, Environmental 801(a)(1)(A); to the Committee on Energy and 11043. A letter from the Deputy Director Protection Agency, transmitting the Agen- Commerce. for Operations, Pension Benefit Guaranty cy’s final rule — Approval and Promulgation 11059. A letter from the Director, Regu- Corporation, transmitting the Corporation’s of Air Quality Implementation Plans; Dela- latory Management Division, Environmental final rule — Benefits Payable in Terminated ware; Limiting Emissions of Volatile Or- Protection Agency, transmitting the Agen- Single-Employer Plans; Interest Assump- ganic Compounds from Portable Fuel Con- cy’s final rule — Revisions to Lead Ambient tions for Paying Benefits received December tainers [EPA-R03-OAR-2010-0435; FRL-9237-9] Air Monitoring Requirements [EPA-HQ- 21, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to received December 8, 2010, pursuant to 5 OAR-2006-0735; FRL-9241-8] (RIN: 2060-AP77) the Committee on Education and Labor. U.S.C. 801(a)(1)(A); to the Committee on En- received December 17, 2010, pursuant to 5 11044. A letter from the Assistant General ergy and Commerce. U.S.C. 801(a)(1)(A); to the Committee on En- Counsel for Legislation, Regulation and En- 11052. A letter from the Director, Regu- ergy and Commerce. ergy Efficiency, Department of Energy, latory Management Division, Environmental 11060. A letter from the Director, Regu- transmitting the Department’s final rule — Protection Agency, transmitting the Agen- latory Management Division, Environmental Energy Conservation Program for Consumer cy’s final rule — Determination of Non- Protection Agency, transmitting the Agen- Products: Test Procedures for Refrigerators, attainment and Reclassification of the Dal- cy’s final rule — Environmental Protection

VerDate Mar 15 2010 06:58 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00149 Fmt 4634 Sfmt 0634 E:\CR\FM\L21DE7.000 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8936 CONGRESSIONAL RECORD — HOUSE December 21, 2010 Agency Implementation of OMB Guidance on Sensitive and Tamper-Indicating Device General for the period ending September 30, Drug-Free Workplace Requirements [Docket Seals for Material Control and Accounting of 2010, pursuant to 5 U.S.C. app. (Insp. Gen. No.: EPA-HQ-OARM-2010-0922] received De- Special Nuclear Material received December Act) section 5(b); to the Committee on Over- cember 17, 2010, pursuant to 5 U.S.C. 17, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to sight and Government Reform. 801(a)(1)(A); to the Committee on Energy and the Committee on Energy and Commerce. 11080. A letter from the Auditor, Office of Commerce. 11070. A letter from the Director, Office of the District of Columbia Auditor, transmit- 11061. A letter from the Director, Regu- Congressional Affairs, Nuclear Regulatory ting copy of the report entitled ‘‘Compara- latory Management Division, Environmental Commission, transmitting the Commission’s tive Analysis of Actual Cash Collections to Protection Agency, transmitting the Agen- final rule — Regulatory Guide 3.12: General the Revised Revenue Estimate Through the cy’s final rule — Approval and Promulgation Design Guide for Ventilation Systems of Plu- 3rd Quarter of Fiscal Year 2010’’, pursuant to of Air Quality Implementation Plans; Min- tonium Processing and Fuel Fabrication D.C. Code section 47-117(d); to the Committee nesota [EPA-R05-OAR-2010-0449; FRL-9239-2] Plants received December 17, 2010, pursuant on Oversight and Government Reform. received December 14, 2010, pursuant to 5 to 5 U.S.C. 801(a)(1)(A); to the Committee on 11081. A letter from the Secretary, Depart- U.S.C. 801(a)(1)(A); to the Committee on En- Energy and Commerce. ment of Agriculture, transmitting the De- ergy and Commerce. 11071. A letter from the Director, Office of partment’s Performance and Accountability 11062. A letter from the Director, Regu- Congressional Affairs, Nuclear Regulatory report for fiscal year 2010; to the Committee latory Management Division, Environmental Commission, transmitting the Commission’s on Oversight and Government Reform. Protection Agency, transmitting the Agen- final rule — Consideration of Environmental 11082. A letter from the Secretary, Depart- cy’s final rule — Approval and Promulgation Impacts of Temporary Storage of Spent Fuel ment of Education, transmitting the forty- of Air Quality Implementation Plans; Wis- After Cessation of Reactor Operation [NRC- third Semiannual Report to Congress on consin, The Milwaukee-Racine and She- 2008-0404] (RIN: 3150-AI47) received December Audit Follow-Up, covering the six month pe- boygan Areas; Determination of Attainment 17, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to riod ending September 30, 2010 in compliance of the 1997 8-hour Ozone Standard [EPA-R05- the Committee on Energy and Commerce. with the Inspector General Act Amendments OAR-2010-0850; FRL-9238-9] received Decem- 11072. A letter from the Director, Office of of 1988; to the Committee on Oversight and ber 14, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); Congressional Affairs, Nuclear Regulatory Government Reform. to the Committee on Energy and Commerce. Commission, transmitting the Commission’s 11083. A letter from the Chief Information 11063. A letter from the Director, Regu- final rule — Notice of Availability of the Officer, Department of Homeland Security, latory Management Division, Environmental Models for Plant-Specific Adoption of Tech- transmitting the Department’s 2010 FISMA Protection Agency, transmitting the Agen- nical Specifications Task Force Traveler Report and Privacy Management Report; to cy’s final rule — Revisions to the Arizona TSTF-514, Revision 3, ‘‘Revise BWR Oper- the Committee on Oversight and Govern- State Implementation Plan, Maricopa Coun- ability Requirements and Actions for RCS ment Reform. ty [EPA-R09-OAR-2010-0521; FRL-9233-3] re- Leakage Instrumentation’’ [NRC-2010-0150] 11084. A letter from the Assistant Sec- ceived December 14, 2010, pursuant to 5 received December 17, 2010, pursuant to 5 retary for Congressional Legislative Affairs, U.S.C. 801(a)(1)(A); to the Committee on En- U.S.C. 801(a)(1)(A); to the Committee on En- Department of Veterans Affairs, transmit- ergy and Commerce. ergy and Commerce. ting the Department’s Performance and Ac- 11064. A letter from the Director, Regu- 11073. A letter from the Secretary, Depart- countability Report for Fiscal Year 2010; to latory Management Division, Environmental ment of Commerce, transmitting a certifi- the Committee on Oversight and Govern- Protection Agency, transmitting the Agen- cation of export to China; to the Committee ment Reform. cy’s final rule — National Emission Stand- on Foreign Affairs. 11085. A letter from the Secretary, Depart- ards for Hazardous Air Pollutants for Chem- 11074. A letter from the Assistant Sec- ment of Veterans Affairs, transmitting that ical Manufacturing Area Sources [EPA-HQ- retary for Export Administration, Depart- the Department’s Performance and Account- OAR-2008-0334; FRL-9238-5] received Decem- ment of Commerce, transmitting the Depart- ability Report for Fiscal Year 2010 is avail- ber 14, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); ment’s final rule — Updated Statements of able online; to the Committee on Oversight to the Committee on Energy and Commerce. Legal Authority to Reflect Continuation of and Government Reform. 11065. A letter from the Chief of Staff, Emergency Declared in Executive Order 12938 11086. A letter from the Secretary, Depart- Media Bureau, Federal Communications [Docket No.: 101118556-0556-02] (RIN: 0694- ment of the Treasury, transmitting the De- Commission, transmitting the Commission’s AF05) received December 15, 2010, pursuant partment’s semiannual reports from the Of- final rule — Amendment of Section 73.202(b), to 5 U.S.C. 801(a)(1)(A); to the Committee on fice of the Treasury Inspector General and Table of Allotments, FM Broadcast Stations. Foreign Affairs. the Treasury Inspector General for Tax Ad- (Peach Springs, Arizona) [MB Docket No.: 09- 11075. A letter from the Assistant Sec- ministration, pursuant to 5 U.S.C. app. (Insp. 204] received December 8, 2010, pursuant to 5 retary for Export Administration, Depart- Gen. Act), section 5(b); to the Committee on U.S.C. 801(a)(1)(A); to the Committee on En- ment of Commerce, transmitting the Depart- Oversight and Government Reform. ergy and Commerce. ment’s final rule — Implementation of Addi- 11087. A letter from the Chair, Equal Em- 11066. A letter from the Chief of Staff, tional Changes from the 2009 Annual Review ployment Opportunity Commission, trans- Media Bureau, Federal Communications of the Entity List [Docket No.: 101102553-0553- mitting the Inspector General’s semiannual Commission, transmitting the Commission’s 01] (RIN: 0694-AF01) received December 17, report to Congress for the period ending Sep- final rule — Amendment of Section 73.202(b), 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the tember 30, 2010; to the Committee on Over- Table of Allotments, FM Broadcast Stations. Committee on Foreign Affairs. sight and Government Reform. (Fairbanks, Alaska) [MB Docket No. 10-81] 11076. A letter from the Secretary, Depart- 11088. A letter from the Chairman and received December 8, 2010, pursuant to 5 ment of the Treasury, transmitting as re- Chief Executive Officer, Farm Credit Admin- U.S.C. 801(a)(1)(A); to the Committee on En- quired by section 401(c) of the National istration, transmitting the semiannual re- ergy and Commerce. Emergencies Act, 50 U.S.C. 1641(c), and sec- port on the activities of the Office of Inspec- 11067. A letter from the Chief of Staff, tion 204(c) of the International Emergency tor General of the Farm Credit Administra- Media Bureau, Federal Communications Economic Powers Act, 50 U.S.C. 1703(c), a tion for the period April 1, 2010 through Sep- Commission, transmitting the Commission’s six-month periodic report on the national tember 30, 2010; and the semiannual Manage- final rule — Implementation of Section 203 emergency with respect to Belarus that was ment Report on the Status of Audits for the of the Satellite Television Extension and Lo- declared in Executive Order 13405 of June 16, same period; to the Committee on Oversight calism Act of 2010 (STELA), Amendments to 2006; to the Committee on Foreign Affairs. and Government Reform. Section 340 of the Communications Act, Im- 11077. A letter from the Secretary, Depart- 11089. A letter from the Chief Financial Of- plementation of the Satellite Home Viewer ment of Agriculture, transmitting the In- ficer, Farm Credit Insurance Corporation, Extension and Reauthorization Act of 2004 spector General’s semiannual report to Con- transmitting the Corporation’s consolidated (SHVERA), Implementation of Section 340 of gress for the reporting period ending Sep- report addressing the Federal Managers’ Fi- the Communications Act [MB Docket No.: tember 30, 2010, pursuant to 5 U.S.C. app. nancial Integrity Act and the Inspector Gen- 10-148, MB Docket No. 05-49] received Decem- (Insp. Gen. Act) section 5(b); to the Com- eral Act Amendments of 1978, pursuant to 5 ber 8, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); mittee on Oversight and Government Re- U.S.C. app. (Insp. Gen. Act), section 5(b); to to the Committee on Energy and Commerce. form. the Committee on Oversight and Govern- 11068. A letter from the Attorney, Office of 11078. A letter from the Secretary, Depart- ment Reform. the General Counsel, Federal Energy Regu- ment of Health and Human Services, trans- 11090. A letter from the Chairman, Federal latory Commission, transmitting the Com- mitting the semiannual report from the De- Maritime Commission, transmitting the mission’s final rule — System Personnel partment of Health and Human Services Of- Commission’s semiannual report from the of- Training Reliability Standards [Docket No.: fice of Inspector General for the period end- fice of the Inspector General for the period RM09-25-000; Order No. 742] received Decem- ing September 30, 2010, pursuant to 5 U.S.C. April 1, 2010 through September 30, 2010, pur- ber 8, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); app. (Insp. Gen. Act) section 5(b); to the suant to 5 U.S.C. app. (Insp. Gen. Act) sec- to the Committee on Energy and Commerce. Committee on Oversight and Government tion 8G(h)(2); to the Committee on Oversight 11069. A letter from the Director, Office of Reform. and Government Reform. Congressional Affairs, Nuclear Regulatory 11079. A letter from the Secretary, Depart- 11091. A letter from the General Counsel, Commission, transmitting the Commission’s ment of Transportation, transmitting the Federal Retirement Thrift Investment final rule — Regulatory Guide 5.80: Pressure- Semiannual Report of the Office of Inspector Board, transmitting the Board’s final rule —

VerDate Mar 15 2010 06:58 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00150 Fmt 4634 Sfmt 0634 E:\CR\FM\L21DE7.000 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 21, 2010 CONGRESSIONAL RECORD — HOUSE H8937 Employee Contribution Elections and Con- tration, transmitting the Administration’s 11111. A letter from the Director, Office of tribution Allocations; Uniformed Services final rule — Federal Acquisition Regulation; Surface Mining, Department of the Interior, Accounts; Methods of Withdrawing Funds Federal Acquisition Circular 2005-47; Small transmitting the Department’s final rule — from the Thrift Savings Plan; Death Bene- Entity Compliance Guide [Docket FAR: 2010- Montana Regulatory Program [SATS No. fits; Thrift Savings Plan [Billing Code: 6760- 0077, Sequence 9] received December 10, 2010, MT-029-FOR; Docket ID No. OSM-2008-0022] 01-P] received December 15, 2010, pursuant to pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- received December 21, 2010, pursuant to 5 5 U.S.C. 801(a)(1)(A); to the Committee on mittee on Oversight and Government Re- U.S.C. 801(a)(1)(A); to the Committee on Nat- Oversight and Government Reform. form. ural Resources. 11092. A letter from the Senior Procure- 11101. A letter from the Chairman, Na- 11112. A letter from the Acting Director, ment Executive, General Services Adminis- tional Endowment for the Arts, transmitting Office of Sustainable Fisheries, NMFS, Na- tration, transmitting the Administration’s the Semiannual Report of the Inspector Gen- tional Oceanic and Atmospheric Administra- final rule — Federal Acquisition Regulation; eral and the Semiannual Report on Final Ac- tion, transmitting the Administration’s final Small Disadvantaged Business Self-Certifi- tion Resulting from Audit Reports, Inspec- rule — Fisheries of the Exclusive Economic cation [FAC 2005-47; FAR Case 2009-019; Item tion Reports, and Evaluation Reports for the Zone Off Alaska; Pacific Ocean Perch in the IV; Docket 2010-0108, Sequence 1] (RIN: 9000- period April 1, 2010 through September 30, Eastern Aleutian District of the Bering Sea AL77] received December 10, 2010, pursuant 2010, pursuant to 5 U.S.C. app. (Insp. Gen. and Aleutian Islands Management Area to 5 U.S.C. 801(a)(1)(A); to the Committee on Act), section 5(b); to the Committee on Over- [Docket No.: 0910131363-0087-02] (RIN: 0648- Oversight and Government Reform. sight and Government Reform. XA034) received December 8, 2010, pursuant 11093. A letter from the Senior Procure- 11102. A letter from the Director, Office of to 5 U.S.C. 801(a)(1)(A); to the Committee on ment Executive, General Services Adminis- Personnel Management, transmitting the Of- Natural Resources. tration, transmitting the Administration’s fice’s final rule — Absence and Leave; Sick 11113. A letter from the Acting Director, final rule — Federal Acquisition Regulation; Leave (RIN: 3206-AL91) received December 16, Office of Sustainable Fisheries, NMFS, Na- Preventing Abuse of Interagency Contracts 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the tional Oceanic and Atmospheric Administra- [FAC 2005-47; FAR Case 2008-032; Item III; Committee on Oversight and Government tion, transmitting the Administration’s final Docket 2010-0107, Sequence 1] (RIN: 9000- Reform. rule — Fisheries of the Exclusive Economic AL69) received December 10, 2010, pursuant 11103. A letter from the Director, Office of Zone Off Alaska; Pacific Cod in the Bering to 5 U.S.C. 801(a)(1)(A); to the Committee on Personnel Management, transmitting the Of- Sea and Aleutian Islands Management Area Oversight and Government Reform. fice’s final rule — Prevailing Rate Systems; [Docket No.: 0910131363-0087-02] (RIN: 0648- 11094. A letter from the Senior Procure- Redefinition of the Chicago, IL; Fort Wayne- XA038) received December 8, 2010, pursuant ment Executive, General Services Adminis- Marion, IN; Indianapolis, IN; Cleveland, OH; to 5 U.S.C. 801(a)(1)(A); to the Committee on tration, transmitting the Administration’s and Pittsburgh, PA, Appropriated Fund Fed- Natural Resources. final rule — Federal Acquisition Regulation; eral Wage System Wage Areas (RIN: 3206- 11114. A letter from the Deputy Assistant HUBZone Program Revisions [FAC 2005-47; AM21) received December 16, 2010, pursuant Administrator for Operations, NMFS, Na- FAR Case 2006-005; Item II; Docket 2009-0014, to 5 U.S.C. 801(a)(1)(A); to the Committee on tional Oceanic and Atmospheric Administra- Sequence 2] (RIN: 9000-AL18) received De- Oversight and Government Reform. tion, transmitting the Administration’s final cember 10, 2010, pursuant to 5 U.S.C. 11104. A letter from the President and Cheif rule — Endangered and Threatened Wildlife 801(a)(1)(A); to the Committee on Oversight Executive Officer, Overseas Private Invest- and Plants; Threatened Status for the and Government Reform. ment Corporation, transmitting the Corpora- Southern Distinct Population Segment of 11095. A letter from the Senior Procure- tion’s annual financial audit for FY 2009; to the Spotted Seal [Docket No.: 0909171277-0491- ment Executive, General Services Adminis- the Committee on Oversight and Govern- 02] (RIN: 0648-XR74) received December 8, tration, transmitting the Administration’s ment Reform. 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the final rule — Federal Acquisition Regulation; 11105. A letter from the Director, Securi- Committee on Natural Resources. Notification of Employee Rights under the ties and Exchange Commission, transmitting 11115. A letter from the Acting Director, National Labor Relations Act [FAC 2005-47; the Commission’s fiscal year 2010 Perform- Office of Sustainable Fisheries, NMFS, Na- FAR Case 2010-006; Item I; Docket 2010-0106, ance and Accountability Report; to the Com- tional Oceanic and Atmospheric Administra- Sequence 1] (RIN: 9000-AL76) received De- mittee on Oversight and Government Re- tion, transmitting the Administration’s final cember 10, 2010, pursuant to 5 U.S.C. form. rule — Fisheries of the Exclusive Economic 801(a)(1)(A); to the Committee on Oversight 11106. A letter from the Administrator, Zone Off Alaska; Pacific Cod by Vessels and Government Reform. Small Business Administration, transmit- Catching Pacific Cod for Processing by the 11096. A letter from the Senior Procure- ting the Administration’s semiannual report Inshore Component in the Western Regu- ment Executive, General Services Adminis- from the office of the Inspector General for latory Area of the Gulf of Alaska [Docket tration, transmitting the Administration’s the period April 1, 2010 through September No.: 0910131362-0087-02] (RIN: 0648-XZ67) re- final rule — Federal Acquisition Regulation; 30, 2010, pursuant to 5 U.S.C. app. (Insp. Gen. ceived December 8, 2010, pursuant to 5 U.S.C. Federal Acquisition Circular 2005-47; Intro- Act) section 5(b); to the Committee on Over- 801(a)(1)(A); to the Committee on Natural duction [Docket FAR 2010-0076; Sequence 9] sight and Government Reform. Resources. received December 10, 2010, pursuant to 5 11107. A letter from the Acting Director, 11116. A letter from the Acting Director, U.S.C. 801(a)(1)(A); to the Committee on Fish and Wildlife Service, Department of the Office of Sustainable Fisheries, NMFS, Na- Oversight and Government Reform. Interior, transmitting the 2009 annual report tional Oceanic and Atmospheric Administra- 11097. A letter from the Senior Procure- on reasonably identifiable expenditures for tion, transmitting the Administration’s final ment Executive, General Services Adminis- the conservation of endangered or threat- rule — Atlantic Highly Migratory Species; tration, transmitting the Administration’s ened species by Federal and State agencies, Inseason Action To Close the Commercial final rule — Federal Acquisition Regulation; pursuant to 16 U.S.C. 1544; to the Committee Blacknose Shark and Non-Blacknose Small Uniform Suspension and Debarment Require- on Natural Resources. Coastal Shark Fisheries (RIN: 0648-XZ95) re- ment [FAC 2005-47; FAR Case 2009-036; Item 11108. A letter from the Assistant Sec- ceived December 8, 2010, pursuant to 5 U.S.C. V; Docket 2010-0109, Sequence 1] (RIN: 9000- retary, Land and Minerals Management, De- 801(a)(1)(A); to the Committee on Natural AL75) received December 10, 2010, pursuant partment of the Interior, transmitting the Resources. to 5 U.S.C. 801(a)(1)(A); to the Committee on Department’s final rule — Renewable Energy 11117. A letter from the Deputy Assistant Oversight and Government Reform. Alternate Uses of Existing Facilities on the Administrator for Regulatory Programs, 11098. A letter from the Senior Procure- Outer Continental Shelf-Acquire a Lease NMFS, National Oceanic and Atmospheric ment Executive, General Services Adminis- Noncompetitively [Docket ID: BOEM-2010- Administration, transmitting the Adminis- tration, transmitting the Administration’s 0045] (RIN: 1010-AD71) received December 8, tration’s final rule — Fisheries in the West- final rule — Federal Acquisition Regulation; 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the ern Pacific; Community Development Pro- Limitation on Pass-Through Charges [FAC Committee on Natural Resources. gram Process [Docket No.: 0907211157-0522-04] 2005-47; FAR Case 2008-031; Item VI; Docket 11109. A letter from the Director, Office of (RIN: 0648-AX76) received December 8, 2010, 2009-0034, Sequence 2] (RIN: 9000-AL27) re- Surface Mining, Department of the Interior, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ceived December 10, 2010, pursuant to 5 transmitting the Department’s final rule — mittee on Natural Resources. U.S.C. 801(a)(1)(A); to the Committee on North Dakota Regulatory Program [SATS 11118. A letter from the Director Office of Oversight and Government Reform. No. ND-051-FOR; Docket ID No. OSM-2009- Sustainable Fisheries, NMFS, National Oce- 11099. A letter from the Senior Procure- 0013] received December 21, 2010, pursuant to anic and Atmospheric Administration, trans- ment Executive, General Services Adminis- 5 U.S.C. 801(a)(1)(A); to the Committee on mitting the Administration’s final rule — tration, transmitting the Administration’s Natural Resources. Fisheries of the Exclusive Economic Zone final rule — Federal Acquisition Regulation; 11110. A letter from the Director, Office of Off Alaska; Pacific Cod by Catcher Vessels Technical Amendments [FAC 2005-47; Item Surface Mining, Department of the Interior, Greater Than or Equal to 60 Feet (18.3 Me- VII; Docket 2010-0110, Sequence 1] received transmitting the Department’s final rule — ters) Length Overall Using Pot Gear in the December 10, 2010, pursuant to 5 U.S.C. Texas Regulatory Program [SATS No. TX- Bering Sea and Aleutian Islands Manage- 801(a)(1)(A); to the Committee on Oversight 059-FOR; Docket No. OSM-2010-0001] received ment Area [Docket No.: 0910131363-0087-02] and Government Reform. December 21, 2010, pursuant to 5 U.S.C. (RIN: 0648-XA048) received December 8, 2010, 11100. A letter from the Senior Procure- 801(a)(1)(A); to the Committee on Natural pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ment Executive, General Services Adminis- Resources. mittee on Natural Resources.

VerDate Mar 15 2010 06:58 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00151 Fmt 4634 Sfmt 0634 E:\CR\FM\L21DE7.000 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8938 CONGRESSIONAL RECORD — HOUSE December 21, 2010 11119. A letter from the Deputy Assistant Regulatory Area of the Gulf of Alaska Sector Puget Sound, WA; Correction [Docket Administrator for Operations, NMFS, Na- [Docket No.: 0910131362-0087-02] (RIN: 0648- No.: USCG-2010-0351] (RIN: 1625-ZA25) re- tional Oceanic and Atmospheric Administra- XA051) received December 17, 2010, pursuant ceived December 8, 2010, pursuant to 5 U.S.C. tion, transmitting the Administration’s final to 5 U.S.C. 801(a)(1)(A); to the Committee on 801(a)(1)(A); to the Committee on Transpor- rule — Fisheries Off West Coast States; Pa- Natural Resources. tation and Infrastructure. cific Coast Groundfish Fishery Management 11127. A letter from the Deputy Assistant 11138. A letter from the Attorney-Advisor, Plan; Amendments 20 and 21; Trawl Ration- Administrator for Regulatory Programs, Department of Homeland Security, transmit- alization Program; Correction [Docket No.: NMFS, National Oceanic and Atmospheric ting the Department’s final rule — Safety 100212086-0354-04] (RIN: 0648-AY68) received Administration, transmitting the Adminis- Zone; Ledge Removal Project, Bass Harbor, December 8, 2010, pursuant to 5 U.S.C. tration’s final rule — Implementation of Re- Maine [Docket No.: USCG-2010-0806] (RIN: 801(a)(1)(A); to the Committee on Natural gional Fishery Management Organizations’ 1625-AA00) received December 8, 2010, pursu- Resources. Measures Pertaining to Vessels That En- ant to 5 U.S.C. 801(a)(1)(A); to the Committee 11120. A letter from the Acting Director, gaged in Illegal, Unreported, or Unregulated on Transportation and Infrastructure. Office of Sustainable Fisheries, NMFS, Na- Fishing Activities [Docket No.: 080228336- 11139. A letter from the Attorney-Advisor, tional Oceanic and Atmospheric Administra- 0435-02] (RIN: 0648-AW09) received December Department of Homeland Security, transmitting the Department’s final rule — Vessel tion, transmitting the Administration’s final 17, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to Traffic Service Lower Mississippi River rule — Fisheries of the Exclusive Economic the Committee on Natural Resources. Zone Off Alaska; Pacific Ocean Perch by 11128. A letter from the Director of Legisla- [Docket No.: USCG-1998-4399] received De- cember 8, 2010, pursuant to 5 U.S.C. Vessels in the Amendment 80 Limited Access tive Affairs, Natural Resource Conservation 801(a)(1)(A); to the Committee on Transpor- Fishery in the Eastern Aleutian District of Service, transmitting the Service’s final rule tation and Infrastructure. the Bering Sea and Aleutian Islands Manage- — Grassland Reserve Program (RIN: 0578- 11140. A letter from the Attorney-Advisor, ment Area [Docket No.: 0910131363-0087-02] AA53) received December 14, 2010, pursuant Department of Homeland Security, transmit- (RIN: 0648-XA031) received December 8, 2010, to 5 U.S.C. 801(a)(1)(A); to the Committee on ting the Department’s final rule — Safety pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Natural Resources. Zone: Epic Roasthouse Private Party Fire- mittee on Natural Resources. 11129. A letter from the Staff Director, work Display, San Francisco, CA [Docket 11121. A letter from the Acting Director, Commission on Civil Rights, transmitting No.: USCG-2010-0901] (RIN: 1625-AA00) re- Office of Sustainable Fisheries, NMFS, Na- notification that the Commission recently ceived December 8, 2010, pursuant to 5 U.S.C. tional Oceanic and Atmospheric Administra- appointed members to the Alaska Advisory 801(a)(1)(A); to the Committee on Transpor- tion, transmitting the Administration’s final Committee; to the Committee on the Judici- tation and Infrastructure. rule — Fisheries of the Exclusive Economic ary. 11141. A letter from the Attorney-Advisor, Zone Off Alaska; Pacific Ocean Perch in the 11130. A letter from the Staff Director, Department of Homeland Security, transmit- Bering Sea Subarea of the Bering Sea and Commission on Civil Rights, transmitting ting the Department’s final rule — Natchez Aleutian Islands Management Area [Docket notification that the Commission recently Fireworks Safety Zone; Lower Mississippi No.: 0910131363-0087-02] (RIN: 0648-XZ88) reappointed members to the Idaho Advisory River, Mile Marker 365.5 to Mile Marker 363, ceived December 8, 2010, pursuant to 5 U.S.C. Committee; to the Committee on the Judici- Natchez, MS [Docket No.: USCG-2010-0872] 801(a)(1)(A); to the Committee on Natural ary. (RIN: 1625-AA00) received December 8, 2010, Resources. 11131. A letter from the Staff Director, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 11122. A letter from the Acting Director, Commission on Civil Rights, transmitting mittee on Transportation and Infrastruc- Office of Sustainable Fisheries, NMFS, Na- notification that the Commission recently ture. tional Oceanic and Atmospheric Administra- appointed members to the North Carolina 11142. A letter from the Attorney-Advisor, tion, transmitting the Administration’s final Advisory Committee; to the Committee on Department of Homeland Security, transmit- rule — Fisheries of the Northeastern United the Judiciary. ting the Department’s final rule — Special States; Atlantic Herring Fishery; Temporary 11132. A letter from the Staff Director, Local Regulations for Marine Events; Removal of 2,000-lb (907.2 kg) Herring Trip Commission on Civil Rights, transmitting Wrightsville Channel, Wrightsville Beach, Limit in Atlantic Herring Management Area notification that the Commission recently NC [Docket No.: USCG-2010-0813] (RIN: 1625- 1A [Docket No.: 0907301205-0289-02] (RIN: 0648- appointed members to the Wisconsin Advi- AA08) received December 8, 2010, pursuant to XA039) received December 8, 2010, pursuant sory Committee; to the Committee on the 5 U.S.C. 801(a)(1)(A); to the Committee on to 5 U.S.C. 801(a)(1)(A); to the Committee on Judiciary. Transportation and Infrastructure. Natural Resources. 11133. A letter from the Staff Director, 11143. A letter from the Attorney-Advisor, 11123. A letter from the Deputy Assistant Commission on Civil Rights, transmitting Department of Homeland Security, transmit- Administrator for Regulatory Programs, notification that the Commission recently ting the Department’s final rule — Draw- NMFS, National Oceanic and Atmospheric appointed members to the Vermont Advisory bridge Operation Regulation; Arkansas Wa- Administration, transmitting the Adminis- Committee; to the Committee on the Judici- terway, Pine Bluff, AR [Docket No.: USCG- tration’s final rule — Fisheries of the Exclu- ary. 2010-0441] (RIN: 1625-AA09) received December sive Economic Zone Off Alaska; Groundfish 11134. A letter from the Senior Counsel, De- 8, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to Observer Program [Docket No.: 080228322- partment of Justice, transmitting the De- the Committee on Transportation and Infra- 91377-02] (RIN: 0648-AW24) received December partment’s final rule — Office of the Attor- structure. 11144. A letter from the Attorney Advisor, 8, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to ney General; Certification Process for State Capital Counsel Systems; Removal of Final Department of Homeland Security, transmit- the Committee on Natural Resources. ting the Department’s final rule — Safety 11124. A letter from the Acting Director, Rule [Docket No.: OJP 1464; AG Order No.] Zones; Temporary Change of Date for Recur- Office of Sustainable Fisheries, NMFS, Na- (RIN: 1121-AA76) received December 13, 2010, ring Fireworks Display within the Fifth tional Oceanic and Atmospheric Administra- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Coast Guard District; Wrightsville Beach, NC mittee on the Judiciary. tion, transmitting the Administration’s final [Docket No.: USCG-2010-0927] (RIN: 1625- 11135. A letter from the Attorney Advisor, rule — Fisheries of the Exclusive Economic AA00) received December 8, 2010, pursuant to Department of Homeland Security, transmit- Zone Off Alaska; Atka Mackerel in the Ber- 5 U.S.C. 801(a)(1)(A); to the Committee on ing Sea and Aleutian Islands Management ting the Department’s final rule — Great Transportation and Infrastructure. Area [Docket No.: 0910131363-0087-01] (RIN: Mississippi Balloon Race and Fireworks 11145. A letter from the Attorney Advisor, 0648-XZ85) received December 8, 2010, pursu- Safety Zone; Lower Mississippi River, Mile Department of Homeland Security, transmit- ant to 5 U.S.C. 801(a)(1)(A); to the Committee Marker 365.5 to Mile Marker 363, Natchez, ting the Department’s final rule — Security on Natural Resources. MS [Docket No.: USCG-2010-0873] (RIN: 1625- Zone, in the vicinity of the Michoud Slip Po- 11125. A letter from the Acting Director, AA00) received December 8, 2010, pursuant to sition 30 degrees 0′34.2″ N, 89 degrees 55′40.7″ Office of Sustainable Fisheries, NMFS, Na- 5 U.S.C. 801(a)(1)(A); to the Committee on W to Position 30 degrees 0′29.5″ N, 89 degrees tional Oceanic and Atmospheric Administra- Transportation and Infrastructure. 55′52.6″ W [Docket No.: USCG-2010-0846] (RIN: tion, transmitting the Administration’s final 11136. A letter from the Attorney Advisor, 1625-AA87) received December 8, 2010, pursu- rule — Fisheries of the Northeastern United Department of Homeland Security, transmit- ant to 5 U.S.C. 801(a)(1)(A); to the Committee States; Atlantic Surfclam and Ocean Quahog ting the Department’s final rule — Security on Transportation and Infrastructure. Fisheries; Suspension of Minimum Atlantic Zones; Sabine Bank Channel, Sabine Pass 11146. A letter from the Attorney Advisor, Surfclam Size Limit for Fishing Year 2011 Channel and Sabine-Neches Waterway, TX Department of Homeland Security, transmit- [Docket No.: 900124-0127] (RIN: 0648-XZ16) re- [Docket No.: USCG-2009-0316] (RIN: 1625- ting the Department’s final rule — Regu- ceived December 8, 2010, pursuant to 5 U.S.C. AA87) received December 8, 2010, pursuant to lated Navigation Area; Green Bridge Demoli- 801(a)(1)(A); to the Committee on Natural 5 U.S.C. 801(a)(1)(A); to the Committee on tion, Lower Mississippi River Mile 531.3, AR, Resources. Transportation and Infrastructure. MS [USCG-2010-0693] (RIN: 1625-AA11) re- 11126. A letter from the Acting Director, 11137. A letter from the Acting Chief, Office ceived December 8, 2010, pursuant to 5 U.S.C. Office of Sustainable Fisheries, NMFS, Na- of Regulations and Administrative Law, De- 801(a)(1)(A); to the Committee on Transpor- tional Oceanic and Atmospheric Administra- partment of Homeland Security, transmit- tation and Infrastructure. tion, transmitting the Administration’s final ting the Department’s final rule — Naviga- 11147. A letter from the Attorney-Advisor, rule — Fisheries of the Exclusive Economic tion and Navigable Waters; Technical, Orga- Department of Homeland Security, transmit- Zone Off Alaska; Pacific Cod in the Western nizational, and Conforming Amendments, ting the Department’s final rule — Safety

VerDate Mar 15 2010 07:41 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00152 Fmt 4634 Sfmt 0634 E:\CR\FM\L21DE7.000 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 21, 2010 CONGRESSIONAL RECORD — HOUSE H8939 Zone: Monte Foundation Firework Display, Directives; Sikorsky Aircraft Corporation fairs, transmitting the Department’s final Monterey, CA [Docket No.: USCG-2010-0620] (Sikorsky) Model S-70A and S-70C Heli- rule — Payment for Inpatient and Out- (RIN: 1625-AA00) received December 8, 2010, copters [Docket No.: FAA-2010-0490; Direc- patient Health Care Professional Services at pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- torate Identifier 2010-SW-037-AD; Amend- Non-Departmental Facilities and Other Med- mittee on Transportation and Infrastruc- ment 39-16514; AD 2010-23-24] (RIN: 2120-AA64) ical Charges Associated with Non-VA Out- ture. received December 21, 2010, pursuant to 5 patient Care (RIN: 2900-AN37) received De- 11148. A letter from the Attorney Advisor, U.S.C. 801(a)(1)(A); to the Committee on cember 15, 2010, pursuant to 5 U.S.C. Department of Homeland Security, transmit- Transportation and Infrastructure. 801(a)(1)(A); to the Committee on Veterans’ ting the Department’s final rule — Shipping; 11157. A letter from the Program Analyst, Affairs. Technical, Organizational, and Conforming Department of Transportation, transmitting 11166. A letter from the Chief, Publications Amendments [Docket No.: USCG-2010-0759] the Department’s final rule — Airworthiness and Regulations Branch, Internal Revenue (RIN: 1625-ZA27) received December 8, 2010, Directives; Eurocopter France (Eurocopter) Service, transmitting the Service’s final rule pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Model AS332L2 Helicopters [Docket No.: — Update for Weighted Average Interest mittee on Transportation and Infrastruc- FAA-2010-1125; Directorate Identifier 2008- Rates, Yield Curves, and Segment Rates [No- ture. SW-40-AD; Amendment 39-16512; AD 2010-23- tice 2010-93] received December 10, 2010, pur- 11149. A letter from the Attorney Advisor, 22] (RIN: 2120-AA64) received December 21, suant to 5 U.S.C. 801(a)(1)(A); to the Com- Department of Homeland Security, transmit- 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the mittee on Ways and Means. ting the Department’s final rule — Safety Committee on Transportation and Infra- 11167. A letter from the Chief, Publications Zone; CLS Fall Championship Hydroplane structure. and Regulations Branch, Internal Revenue Race, Lake Sammamish, WA [Docket No.: 11158. A letter from the Program Analyst, Service, transmitting the Service’s final rule USCG-2010-0842] (RIN: 1625-AA00) received Department of Transportation, transmitting — Application for Approval of Extension of December 8, 2010, pursuant to 5 U.S.C. the Department’s final rule — Airworthiness Amortization Period (Rev. Proc. 2010-52) re- 801(a)(1)(A); to the Committee on Transpor- Directives; Bell Helicopter Textron Canada ceived December 10, 2010, pursuant to 5 tation and Infrastructure. Model 206L, 206L-1, and 206L-3 Helicopters U.S.C. 801(a)(1)(A); to the Committee on 11150. A letter from the Secretary, Depart- [Docket No.: FAA-2010-1242; Directorate Ways and Means. ment of Transportation, transmitting the Identifier 96-SW-13-AD; Amendment 39-16511; 11168. A letter from the Chief, Publications Department’s annual report on the adminis- AD 96-18-05 R1] (RIN: 2120-AA64) received De- and Regulations Branch, Internal Revenue tration of the Surface Transportation cember 21, 2010, pursuant to 5 U.S.C. Service, transmitting the Service’s final rule Project Delivery Pilot Program, pursuant to 801(a)(1)(A); to the Committee on Transpor- — 2010 Base Period T-Bill Rate (Rev. Rul. Public Law 109-59, section 6005(h); to the tation and Infrastructure. 2010-28)received December 10, 2010, pursuant Committee on Transportation and Infra- 11159. A letter from the Program Analyst, to 5 U.S.C. 801(a)(1)(A); to the Committee on structure. Department of Transportation, transmitting Ways and Means. 11151. A letter from the Program Analyst, the Department’s final rule — Airworthiness 11169. A letter from the Chief, Publications Department of Transportation, transmitting Directives; The Boeing Company Model 777- and Regulations Branch, Internal Revenue the Department’s final rule — Airworthiness 200, -200LR, -300, and -300ER Series Airplanes Service, transmitting the Service’s final rule Directives; Eurocopter France (Eurocopter) [Docket No.: FAA-2010-0376; Directorate — Source of Income from Qualified Fails Model SA-365N, SA-365N1, AS-365N2, and AS Identifier 2009-NM-267-AD; Amendment 39- Charges [TD: 9508] (RIN: 1545-BJ85) received 365 N3 Helicopters [Docket No.: FAA-2010- 16504; AD 2010-23-15] (RIN: 2120-AA64) received December 10, 2010, pursuant to 5 U.S.C. 1082; Directorate Identifier 2009-SW-041-AD; December 21, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Ways and Amendment 39-16491; AD 2010-23-02] (RIN: 801(a)(1)(A); to the Committee on Transpor- Means. 2120-AA64) received December 21, 2010, pursu- tation and Infrastructure. 11170. A letter from the Chief, Publications ant to 5 U.S.C. 801(a)(1)(A); to the Committee 11160. A letter from the Program Analyst, and Regulations Branch, Internal Revenue on Transportation and Infrastructure. Department of Transportation, transmitting Service, transmitting the Service’s final rule 11152. A letter from the Program Analyst, the Department’s final rule — Airworthiness — Tier II Issue — Industry Director Direc- Department of Transportation, transmitting Directives; Bombardier, Inc. Model CL-600- tive #2 on the Proper Treatment of Upfront the Department’s final rule — Airworthiness 2B19 (Regional Jet Series 100 & 440), CL-600- Fees, Milestone Payments, Royalities and Directives; Austro Engine GmbH Model E4 2C10 (Regional Jet Series 700, 701 & 702), CL- Deferred Income upon entering into a Col- Diesel Piston Engines [Docket No.: FAA- 600-2D15 (Regional Jet Series 705), and CL- laboration Agreement in the Biotech and 2010-1055; Directorate Identifier 2010-NE-35- 600-2D24 (Regional Jet Series 900) Airplanes Pharmaceutical Industries [LB&I Control AD; Amendment 39-16498; AD 2010-23-09] (RIN: [Docket No.: FAA-2010-0223; Directorate No.: 4-1110-031] received December 10, 2010, 2120-AA64) received December 21, 2010, pursu- Identifier 2009-NM-105-AD; Amendment 39- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ant to 5 U.S.C. 801(a)(1)(A); to the Committee 16503; AD 2010-23-14] (RIN: 2120-AA64) received mittee on Ways and Means. on Transportation and Infrastructure. December 21, 2010, pursuant to 5 U.S.C. 11171. A letter from the Chief, Publications 11153. A letter from the Program Analyst, 801(a)(1)(A); to the Committee on Transpor- and Regulations Branch, Internal Revenue Department of Transportation, transmitting tation and Infrastructure. Service, transmitting the Service’s final rule the Department’s final rule — Airworthiness 11161. A letter from the Deputy General — Rules for Group Trusts (Rev. Rul. 2011-1) Directives; General Electric Company (GE) Counsel, Small Business Administration, received December 20, 2010, pursuant to 5 CT7-9C and -9C3 Turboprop Engines [Docket transmitting the Administration’s final rule U.S.C. 801(a)(1)(A); to the Committee on No.: FAA-2010-0732; Directorate Identifier — Small Business Size Standards; Accommo- Ways and Means. 2010-NE-04-AD; Amendment 39-16509; AD 2010- dation and Food Services Industries (RIN: 11172. A letter from the Chief, Publications 23-20] (RIN: 2120-AA64) received December 21, 3245-AF71) received December 21, 2010, pursu- and Regulations Branch, Internal Revenue 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the ant to 5 U.S.C. 801(a)(1)(A); to the Committee Service, transmitting the Service’s final rule Committee on Transportation and Infra- on Small Business. — Publication of the Tier 2 Tax Rates [4830- structure. 11162. A letter from the Deputy General 01-p] received December 17, 2010, pursuant to 11154. A letter from the Program Analyst, Counsel, Small Business Administration, 5 U.S.C. 801(a)(1)(A); to the Committee on Department of Transportation, transmitting transmitting the Administration’s final rule Ways and Means. the Department’s final rule — Airworthiness — Immediate Disaster Assistance Program 11173. A letter from the Chief, Publications Directives; Viking Air Limited (Type Certifi- [SBA-2010-0010] (RIN: 3245-AG00) received De- and Regulations Branch, Internal Revenue cate Previously Held by Bombardier, Inc.) cember 21, 2010, pursuant to 5 U.S.C. Service, transmitting the Service’s final rule Model DHC-7 Airplanes [Docket No.: FAA- 801(a)(1)(A); to the Committee on Small — 2011 Standard Mileage Rates [Notice 2010- 2010-0699; Directorate Identifier 2009-NM-236- Business. 88] received December 17, 2010, pursuant to 5 AD; Amendment 39-16510; AD 2010-23-21] (RIN: 11163. A letter from the Deputy General U.S.C. 801(a)(1)(A); to the Committee on 2120-AA64) received December 21, 2010, pursu- Counsel, Small Business Administration, Ways and Means. ant to 5 U.S.C. 801(a)(1)(A); to the Committee transmitting the Administration’s final rule 11174. A letter from the Chief, Publications on Transportation and Infrastructure. — Small Business Size Standards; Other and Regulations Branch, Internal Revenue 11155. A letter from the Program Analyst, Services (RIN: 3245-AF70) received December Service, transmitting the Service’s final rule Department of Transportation, transmitting 21, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to — Standard Mileage Rate Procedures (Rev. the Department’s final rule — Airworthiness the Committee on Small Business. Proc. 2010-51) received December 17, 2010, pur- Directives; MD Helicopters, Inc. Model 11164. A letter from the Deputy General suant to 5 U.S.C. 801(a)(1)(A); to the Com- MD900 Helicopters [Docket No.: FAA-2010- Counsel, Small Business Administration, mittee on Ways and Means. 1126; Directorate Identifier 2010-SW-078-AD; transmitting the Administration’s final rule 11175. A letter from the Chief, Publications Amendment 39-16515; AD 2010-18-52] (RIN: — Small Business Size Standards: Retail and Regulations Branch, Internal Revenue 2120-AA64) received December 21, 2010, pursu- Trade (RIN: 3245-AF69) received December 21, Service, transmitting the Service’s final rule ant to 5 U.S.C. 801(a)(1)(A); to the Committee 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the — Requirement of a Statement Disclosing on Transportation and Infrastructure. Committee on Small Business. Uncertain Tax Positions [TD 9510] (RIN: 1545- 11156. A letter from the Program Analyst, 11165. A letter from the Director, Regula- BJ54) received December 17, 2010, pursuant to Department of Transportation, transmitting tions Policy and Management, Office of the 5 U.S.C. 801(a)(1)(A); to the Committee on the Department’s final rule — Airworthiness General Counsel, Department of Veterans Af- Ways and Means.

VerDate Mar 15 2010 06:58 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00153 Fmt 4634 Sfmt 0634 E:\CR\FM\L21DE7.000 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8940 CONGRESSIONAL RECORD — HOUSE December 21, 2010 11176. A letter from the Chief, Publications reform the financing of House elections, and provisions relating to the removal of litiga- and Regulations Branch, Internal Revenue for other purposes (Rept. 111–691, Pt. 1). Or- tion against Federal officers or agencies to Service, transmitting the Service’s final rule dered to be printed. Federal courts, and for other purposes; to — Farmer and Fisherman Income Averaging Mr. MCGOVERN: Committee on Rules. the Committee on the Judiciary, and in addi- [TD 9509] (RIN: 1545-BE23) received December House Resolution 1781. Resolution providing tion to the Committee on the Budget, for a 17, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to for consideration of the Senate amendment period to be subsequently determined by the the Committee on Ways and Means. to the bill (H.R. 5116) to invest in innovation Speaker, in each case for consideration of 11177. A letter from the Branch Chief, Pub- through research and development, to im- such provisions as fall within the jurisdic- lications and Regulations, Internal Revenue prove the competitiveness of the United tion of the committee concerned. Service, transmitting the Service’s final rule States, and for other purposes; providing for By Ms. RICHARDSON: — 2011 Section 1274A CPI Adjustments (Rev. consideration of the senate amendments to H.R. 6561. A bill to establish the History is Rul. 2010-30) received December 17, 2010, pur- the bill (H.R. 2751) to accelerate motor fuel Learned from the Living grant program to suant to 5 U.S.C. 801(a)(1)(A); to the Com- savings nationwide and provide incentives to enable communities to learn about historical mittee on Ways and Means. registered owners of high polluting auto- events in the United States in the past cen- 11178. A letter from the Chief, Publications mobiles to replace such automobiles with tury through the oral histories of commu- and Regulations, Internal Revenue Service, new fuel efficient and less polluting auto- nity members who participated in those transmitting the Service’s final rule — Je- mobiles; and providing for consideration of events, and for other purposes; to the Com- rome R. Vainisi and Deloris L. Vainisi v. the Senate amendment to the bill (H.R. 2142) mittee on Natural Resources. Commissioner, 599 F.3d 567 (7th Cir. 2010, to require quarterly performance assess- By Ms. CORRINE BROWN of Florida: rev’g 132 T.C. No. 1 (2009) received December ments of Government programs for purposes H.R. 6562. A bill to revitalize home owner- 17, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to of assessing agency performance and im- ship by establishing a shared equity appre- the Committee on Ways and Means. provement, and to establish agency perform- 11179. A letter from the Chief, Publications ciation homeownership pilot program; to the ance improvements officers and the Perform- Committee on Financial Services, and in ad- and Regulations, Internal Revenue Service, ance Improvement Council (Rept. 111–692). transmitting the Service’s final rule — Defi- dition to the Committee on Ways and Means, Referred to the House Calendar. for a period to be subsequently determined nition of Omission from Gross Income [TD Mr. CONYERS: Committee on the Judici- 9511] (RIN: 1545-BI44) received December 17, by the Speaker, in each case for consider- ary. H.R. 2811. A bill to amend title 18, ation of such provisions as fall within the ju- 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the United States Code, to include constrictor Committee on Ways and Means. risdiction of the committee concerned. snakes of the species Python genera as an in- By Mr. HOLT: 11180. A letter from the Chief, Publication jurious animal: with an amendment (Rept. and Regulations Branch, Internal Revenue 111–693). Referred to the Committee of the H.R. 6563. A bill to establish a national Service, transmitting the Service’s final rule Whole House on the State of the Union. leadership initiative to promote and coordi- — 2010 Cumulative List of Changes in Plan Mr. POLIS: Committee on Rules. House nate knowledge utilization in education to Qualification Requirements [Notice 2010-90] Resolution 1782. Resolution providing for increase student achievement consistent received December 17, 2010, pursuant to 5 consideration of the Senate amendment to with the objectives of the Elementary and U.S.C. 801(a)(1)(A); to the Committee on the House amendment to the Senate amend- Secondary Education Act of 1965, and for Ways and Means. ment to the bill (H.R. 3082) making appro- other purposes; to the Committee on Edu- 11181. A letter from the Chief, Publications priations for military construction, the De- cation and Labor. and Regulations Branch, Internal Revenue partment of Veterans Affairs, and related By Mr. INSLEE (for himself and Mr. Service, transmitting the Service’s final rule agencies for the fiscal year ending Sep- CASTLE): — Applicable Federal Rates — January 2011 tember 30, 2010, and for other purposes (Rept. H.R. 6564. A bill to promote the oil inde- (Rev. Rul. 2011-2) received December 21, 2010, 111–694). Referred to the House Calendar. pendence of the United States, and for other pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- purposes; to the Committee on Energy and f mittee on Ways and Means. Commerce, and in addition to the Commit- 11182. A letter from the Chief, Publications TIME LIMITATION OF REFERRED tees on Ways and Means, Transportation and and Regulations Branch, Internal Revenue BILLS Infrastructure, the Budget, Science and Service, transmitting the Service’s final rule Technology, Oversight and Government Re- — Funding Relief for Single-Employer Pen- Pursuant to clause 2 of rule XII the form, and Natural Resources, for a period to sion Plans under PRA 2010 [Notice 2011-3] re- following actions were taken by the be subsequently determined by the Speaker, ceived December 21, 2010, pursuant to 5 Speaker: in each case for consideration of such provi- U.S.C. 801(a)(1)(A); to the Committee on H.R. 1064. Referral to the Committees on sions as fall within the jurisdiction of the Ways and Means. Education and Labor, Energy and Commerce, committee concerned. 11183. A letter from the Principal Deputy and Financial Services extended for a period By Ms. JACKSON LEE of Texas (for Under Secretary, Department of Defense, ending not later than December 22, 2010. herself, Mr. CONYERS, Mr. PAYNE, Mr. transmitting a letter of notification from H.R. 1174. Referral to the Committee on MCGOVERN, and Mr. CLEAVER): the Government of Spain requesting that the Homeland Security extended for a period H.R. 6565. A bill to improve efforts of the United States Government contribute to a ending not later than December 22, 2010. United States Government to ensure that de- cleanup of plutonium contamination in H.R. 1425. Referral to the Committee on veloping countries have affordable and equi- Spain; jointly to the Committees on Foreign Appropriations extended for a period ending table access to safe water and sanitation, Affairs and the Judiciary. not later than December 22, 2010. and for other purposes; to the Committee on 11184. A letter from the Director, Office of H.R. 3376. Referral to the Committees on Foreign Affairs. Insular Affairs, Department of the Interior, the Judiciary and Homeland Security ex- By Mr. KING of New York (for himself transmitting the Department’s report to tended for a period ending not later than De- and Mrs. LOWEY): Congress ‘2010 Analysis of Compact Impacts’; cember 22, 2010. H.R. 6566. A bill to protect children from jointly to the Committees on Natural Re- H.R. 4678. Referral to the Committees on sources and Foreign Affairs. registered sex offenders, and for other pur- Ways and Means and Agriculture extended poses; to the Committee on the Judiciary, 11185. A letter from the Director, Office of for a period ending not later than December Regulations, Social Security Administra- and in addition to the Committee on Over- 22, 2010. sight and Government Reform, for a period tion, transmitting the Administration’s final H.R. 5105. Referral to the Committee on to be subsequently determined by the Speak- rule — Regulations Regarding Income-Re- Agriculture extended for a period ending not er, in each case for consideration of such pro- lated Monthly Adjustment Amounts to Medi- later than December 22, 2010. visions as fall within the jurisdiction of the care Beneficiaries’ Prescription Drug Cov- H.R. 5498. Referral to the Committee on committee concerned. erage Premiums [Docket No.: SSA-2010-0029] Energy and Commerce extended for a period By Mrs. MALONEY: (RIN: 0960-AH22) received December 13, 2010, ending not later than December 22, 2010. pursuant to 5 U.S.C. 801(a)(1)(A); jointly to H.R. 6116. Referral to the Committee on H.R. 6567. A bill to amend title 38, United the Committees on Ways and Means and En- Energy and Commerce extended for a period States Code, to improve and make perma- ergy and Commerce. ending not later than December 22, 2010. nent the Department of Veterans Affairs loan guarantee for the purchase of residen- f f tial cooperative housing units, and for other REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS purposes; to the Committee on Veterans’ Af- PUBLIC BILLS AND RESOLUTIONS fairs. Under clause 2 of rule XII, public By Mr. MARKEY of Massachusetts (for Under clause 2 of rule XIII, reports of bills and resolutions of the following himself and Ms. CASTOR of Florida): committees were delivered to the Clerk titles were introduced and severally re- H.R. 6568. A bill to amend the Oil Pollution for printing and reference to the proper ferred, as follows: Act of 1990 to facilitate the ability of persons calendar, as follows: By Mr. JOHNSON of Georgia: affected by oil spills to seek judicial redress; Mr. BRADY of Pennsylvania: Committee H.R. 6560. A bill to amend title 28, United to the Committee on Transportation and In- on House Administration. H.R. 6116. A bill to States Code, to clarify and improve certain frastructure.

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By Ms. LINDA T. SA´ NCHEZ of Cali- H.R. 2030: Mr. DEFAZIO and Mr. SHERMAN. H. Res. 1722: Mrs. MALONEY. fornia: H.R. 3586: Ms. MOORE of Wisconsin. H. Res. 1768: Ms. DELAURO. H.R. 6569. A bill to amend title II of the So- H.R. 4278: Mr. FATTAH. cial Security Act to provide for treatment of H.R. 4808: Mr. PRICE of North Carolina. f permanent partnerships between individuals H.R. 5117: Mrs. DAVIS of California. of the same gender as marriage for purposes H.R. 5434: Mr. JOHNSON of Georgia and Mr. DELETIONS OF SPONSORS FROM of determining entitlement to benefits under BRALEY of Iowa. PUBLIC BILLS AND RESOLUTIONS such title; to the Committee on Ways and H.R. 5510: Mr. LEWIS of Georgia and Mr. Under clause 7 of rule XII, sponsors Means. JOHNSON of Georgia. were deleted from public bills and reso- f H.R. 6073: Mr. PAYNE and Mr. TIM MURPHY of Pennsylvania. lutions as follows: ADDITIONAL SPONSORS H.R. 6123: Mrs. MALONEY. H. Res. 1762: Mr. WOLF. H.R. 6240: Mr. CAMPBELL. Under clause 7 of rule XII, sponsors f H.R. 6334: Ms. WOOLSEY, Mr. KUCINICH, and were added to public bills and resolu- Mr. RUSH. PETITIONS, ETC. tions as follows: H.R. 6355: Mr. PRICE of North Carolina. H.R. 221: Mr. MANZULLO, Mr. HUNTER, Mr. H.R. 6511: Mr. PAUL. Under clause 3 of rule XII, LAMBORN, Mr. BUCHANAN, Mr. PITTS, and H.R. 6547: Mr. HOLT. 180. The SPEAKER presented a petition of Mrs. BACHMANN. H.R. 6548: Mr. HASTINGS of Florida. Mr. Gregory D. Watson, a Citizen of Austin, H.R. 503: Mr. CALVERT. H.R. 6556: Mr. CONYERS, Mr. LOEBSACK, and Texas, relative to a petition urging Congress H.R. 891: Ms. RICHARDSON. Mr. HASTINGS of Florida. to enact statutory legislation which would H.R. 1237: Mrs. NAPOLITANO. H.J. Res. 96: Mr. LUETKEMEYER. clarify the procedures for proposing an H.R. 1549: Mr. LIPINSKI. H.J. Res. 102: Mr. BROUN of Georgia. amendment to the United States Constitu- H.R. 1844: Mr. PRICE of North Carolina. H. Res. 762: Mr. CONNOLLY of Virginia, Mr. tion; which was referred to the Committee H.R. 1966: Ms. NORTON. DELAHUNT, and Mr. POLIS. on the Judiciary.

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Vol. 156 WASHINGTON, TUESDAY, DECEMBER 21, 2010 No. 172 Senate The Senate met at 9:30 a.m. and was Chamber. Make strong in the hearts of not be obtained at the price of compro- called to order by the Honorable all our Senators what unites them. mising truth, but by the devotion with JEANNE SHAHEEN, a Senator from the Build bridges across all that divides which each lawmaker passionately State of New Hampshire. them, so that they will respect their loves this Nation and sincerely seeks to keep it strong and free. PRAYER differences while working together to keep our Nation secure. Remove the di- Today, let truth prevail over distor- The Chaplain, Dr. Barry C. Black, of- tion, wisdom triumph over reckless- fered the following prayer: visions that drive wedges of rancor be- Let us pray. tween them, and lead them away from ness, and faith vanquish fear. God, creator of us all, during this the confrontational to a concord that We pray in Your merciful Name. season of goodwill, bring peace to this seeks mutual progress. May this unity Amen.

PLEDGE OF ALLEGIANCE APPOINTMENT OF ACTING U.S. SENATE, PRESIDENT PRO TEMPORE PRESIDENT PRO TEMPORE, The Honorable JEANNE SHAHEEN led Washington, DC, December 21, 2010. the Pledge of Allegiance, as follows: The PRESIDING OFFICER. The To the Senate: clerk will please read a communication Under the provisions of rule I, paragraph 3, I pledge allegiance to the Flag of the of the Standing Rules of the Senate, I hereby United States of America, and to the Repub- to the Senate from the President pro appoint the Honorable JEANNE SHAHEEN, a lic for which it stands, one nation under God, tempore (Mr. INOUYE). indivisible, with liberty and justice for all. The bill clerk read as follows:

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

S10849

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President pro tempore. treaty because it allows for inspection The Administration submitted an update to that report last month, and we now project Mrs. SHAHEEN thereupon assumed of Russian warheads and because our the chair as Acting President pro tem- over $85 billion in spending over the next military leaders say it does nothing to decade. pore. interfere with the development of a I recognize that nuclear modernization re- f missile defense system. quires investment for the long-term, in addi- I will vote for the treaty because the tion to this one-year budget increase. That is RECOGNITION OF THE MAJORITY last six Republican Secretaries of my commitment to the Congress—that my LEADER State support its ratification. In short, Administration will pursue these programs The ACTING PRESIDENT pro tem- I am convinced that Americans are and capabilities for as long as I am Presi- dent. pore. The majority leader is recog- safer and more secure with the New In future years, we will provide annual up- nized. START treaty than without it. Last dates to the 1251 report. If a decision is made f week, I joined Senators INOUYE, COCH- to limit non-defense discretionary spending RAN, and FEINSTEIN in a letter to the in any future budget requests, funding for SCHEDULE President stating that we will vote to nuclear modernization in the NNSA weapons Mr. REID. Madam President, fol- ratify the treaty and to appropriate activities account will be considered on the same basis as defense spending. lowing leader remarks, Senator ALEX- funds to modernize our outdated nuclear weapons facilities and that he, In closing, I thought it important for you ANDER will be recognized to speak in to know that over the last two days, my Ad- morning business for up to 10 minutes. the President, requests those funds in ministration has worked closely with offi- Following his remarks, the Senate will his budget. cials from the Russian Federation to address resume consideration of the House Last night, I received a response to our concerns regarding North Korea. Because message with respect to H.R. 3082, the the President saying he would do so. I of important cooperation like this, I con- continuing resolution. There will be 10 ask unanimous consent to have printed tinue to hope that the Senate will approve minutes of debate for Senator INOUYE both letters in the RECORD. the New START Treaty before the 111th Con- gress ends. and 15 minutes for Senator MCCAIN There being no objection, the mate- Sincerely, prior to that vote. Therefore, Senators rial was ordered to be printed in the BARACK OBAMA. should expect a vote to begin about RECORD, as follows: 10:15 on the motion to invoke cloture U.S. SENATE, Mr. ALEXANDER. Madam President, on the motion to concur to the House Washington, DC, December 16, 2010. why are these two so necessarily amendment to the Senate amendment THE WHITE HOUSE, linked—the treaty and the plan for nu- 1600 Pennsylvania Avenue, NW, clear weapons modernization? The an- to H.R. 3082, with amendment No. 4885, Washington, DC. which is the text of the continuing res- swer is, if we are going to reduce our DEAR MR. PRESIDENT: We are writing to ex- number of warheads, we want to make olution that funds the government press our support for ratification of the New sure we are not left with what amounts through March 4, 2011. START Treaty and full funding for the mod- If cloture is invoked, I will work with ernization of our nuclear weapons arsenal, as to a collection of wet matches. Defense the Republican leader on a time to outlined by your updated report that was Secretary Gates said: complete action on the CR. It is impor- mandated by Section 1251 of the Defense Au- There is absolutely no way we can main- tant to send it over to the House very thorization Act for Fiscal Year 2010. tain a credible deterrent and reduce the We also ask that, in your future budget re- number of weapons in our stockpile without quickly so they have sufficient time to quests to Congress, you include the funding either resorting to testing our stockpile or pass it before funding runs out this identified in that report on nuclear weapons pursuing a modernization program. evening at midnight. modernization. Should you choose to limit In a November 24 statement, Sen- Upon disposition of the CR, the Sen- non-defense discretionary spending in any ators KYL and CORKER said they ‘‘could ate will proceed to vote on the motion future budget requests to Congress, funding not support reductions in U.S. nuclear to invoke cloture on the New START for nuclear modernization in the National forces unless there is adequate atten- treaty. Nuclear Security Agency’s proposed budgets should be considered defense spending, as it tion to modernizing those forces and Last week, we were able to lock in a is critical to national security and, there- the infrastructure that supports time agreement to consider two dis- fore, not subject to such limitations. Fur- them.’’ trict judge nominations. It is my hope ther, we ask that an updated 1251 report be Senators KYL and CORKER deserve we will be able to debate and vote on submitted with your budget request to Con- credit for untiring efforts to fund prop- those judges this afternoon. gress each year. erly nuclear modernization. President Senators will be notified when any We look forward to working with you on Obama deserves credit for updating the votes are scheduled. the ratification of the New START Treaty and modernization of the National Nuclear nuclear modernization plan in such a f Security Agency’s nuclear weapons facili- significant way. ties. This represents a long-term commit- RESERVATION OF LEADER TIME I have reviewed that so-called ‘‘1251 ment by each of us, as modernization of our plan’’ completed November 17 of this The ACTING PRESIDENT pro tem- nuclear arsenal will require a sustained ef- year, which calls for spending $85 bil- fort. pore. Under the previous order, leader- lion over the next 10 years. I have vis- ship time is reserved. Sincerely, DANIEL INOUYE. ited our outdated nuclear weapons fa- f DIANNE FEINSTEIN. cilities. I am convinced the plan’s implementation will make giant steps to- MORNING BUSINESS THAD COCHRAN. LAMAR ALEXANDER. ward modernization of those facilities The ACTING PRESIDENT pro tem- so that we—and our allies and adver- pore. Under the previous order, the THE WHITE HOUSE, saries—can be assured that the weap- Senator from Tennessee is recognized Washington DC, December 20, 2010. ons will work if needed. in morning business for up to 10 min- Hon. LAMAR ALEXANDER, U.S. Senate, The President’s statement that he utes. Washington, DC. will ask for these funds and the support f DEAR SENATOR ALEXANDER: Thank you for of senior members of the Appropria- your letter regarding funding for the mod- tions Committee means that the plan NEW START TREATY ernization of the nuclear weapons complex is more likely to become a reality. The Mr. ALEXANDER. Madam President, and for your expression of support for ratifi- President agrees that in tight budgets I will vote to ratify the New START cation of the New START Treaty. these funds should be considered as de- As you know, in the Fiscal Year 2011 budg- treaty between the United States and et, I requested a nearly 10 percent increase in fense spending. Russia because it leaves our country the budget for weapons activities at the Na- I ask unanimous consent to have with enough nuclear warheads to blow tional Nuclear Security Administration printed in the RECORD a summary of any attacker to kingdom come and be- (NNSA). In May, in the report required by the appropriations recommended by

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Fiscal Year $ Billions 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020

Directed Stockpile ...... 1.5 1.9 2.0 2.1 2.3 2.5 2.6 2.6 2.6 2.6 2.6 Science Technology & Engineering Campaigns ...... 1.6 1.7 1.8 1.8 1.8 1.8 1.9 2.0 2.1 2.2 2.3 Readiness in Technical Base and Facilities ...... 1.8 1.8 2.1 2.3 2.5 2.5 2.5 2.7 2.8–2.9 2.9–3.1 2.9–3.3 UPF ...... 0.1 0.1 0.2 0.2 0.4 0.4 0.4 0.48–0.5 0.48–0.5 0.48–0.5 0.38–0.5 CMRR ...... 0.1 0.2 0.3 0.3 0.4 0.4 0.4 0.48–0.5 0.4–0.5 03.–0.5 02.–0.5 Secure Transportation ...... 0.2 0.2 0.3 0.2 0.3 0.3 0.3 0.3 0.3 0.3 0.3 Defense Programs Subtotal ...... 5.2 5.7 6.1 6.5 6.9 7.1 7.3 7.5–7.6 7.7–7.9 7.9–8.2 8.0–8.4 Other Weapons ...... 1.2 1.3 1.3 1.3 1.3 1.3 1.4 1.4 1.4 1.4 1.5 Subtotal, Weapons ...... 6.4 7.0 7.4 7.8 8.2 8.5 8.7 8.9–9.0 9.2–9.3 9.4–9.6 9.4–9.8 Contractor Pensions Cost Growth ...... 0.2 0.2 0.2 0.2 0.2 * * * *

Total, Weapons ...... 6.4 7.0 7.6 7.9 8.4 8.7 8.9 8.9–9.0 9.2–9.3 9.4–9.6 9.4–9.8 Numbers may not add due to rounding. * Anticipated costs for contractor pensions have been calculated only through FY 2016. For FY 2017–2020, uncertainties in market performance, interest rate movement, and portfolio management make prediction of actual additional pension liabilities, assets, and contribution requirements unreliable.

Mr. ALEXANDER. Madam President, share with you my views on the issue of mis- allies believe we need an effective territorial I will offer an amendment at the appro- sile defense, which has been the subject of missile defense to defend against the threats priate time to the resolution of ratifi- much debate in the Senate’s review of the we face now and in the future. The EPAA cation to require an annual update of Treaty. represents the right response. At Lisbon, the Pursuant to the National Missile Defense Alliance also invited the Russian Federation the 1251 report, which the President’s Act of 1999 (Public Law 106–38), it has long to cooperate on missile defense, which could letter says he will do. been the policy of the United States to de- lead to adding Russian capabilities to those Under the terms of the treaty, the ploy as soon as is technologically possible an deployed by NATO to enhance our common United States may have 1,550 deployed effective National Missile Defense system ca- security against common threats. The Lis- strategic nuclear weapons, each one up pable of defending the territory of the United bon Summit thus demonstrated that the Al- to 30 times more powerful than the one States against limited ballistic missile at- liance’s missile defenses can be strengthened tack, whether accidental, unauthorized, or used at Hiroshima to end World War II. by improving NATO-Russian relations. deliberate. Thirty ground-based interceptors This comes even as we have made clear The United States will also gain val- based at Fort Greely, Alaska, and Vanden- uable data, including through inspec- that the system we intend to pursue with berg Air Force Base, California, are now de- Russia will not be a joint system, and it will tion operations that should provide a fending the Nation. All United States missile not in any way limit United States’ or treasure trove of intelligence about defense programs—including all phases of NATO’s missile defense capabilities. Effec- Russian activities that we would not the European Phased Adaptive Approach to tive cooperation with Russia could enhance have without the treaty, and that we missile defense (EPAA) and programs to de- the overall effectiveness and efficiency of have not had since the START treaty fend United States deployed forces, allies, our combined territorial missile defenses, and partners against regional threats—are expired on December 9, 2009. and at the same time provide Russia with consistent with this policy. greater security. Irrespective of how co- Over the weekend, the President sent The New START Treaty places no limita- operation with Russia develops, the Alliance a letter to the Senate reaffirming ‘‘the tions on the development or deployment of alone bears responsibility for defending our missile defense programs. As the NATO continued development and deploy- NATO’s members, consistent with our Trea- Summit meeting in Lisbon last month un- ment of U.S. missile defense systems.’’ ty obligations for collective defense. The derscored, we are proceeding apace with a There is nothing within the treaty EPAA and NATO’s territorial missile defense missile defense system in Europe designed to capability will allow us to do that. itself—I emphasize ‘‘nothing in the provide full coverage for NATO members on treaty’’—that would hamper the devel- the continent, as well as deployed U.S. In signing the New START Treaty, the opment of missile defense or its deploy- forces, against the growing threat posed by Russian Federation issued a statement that ment. Our military and intelligence the proliferation of ballistic missiles. The expressed its view that the extraordinary leaders all have said that. final phase of the system will also augment events referred to in Article XIV of the Trea- our current defenses against interconti- ty include a ‘‘build-up in the missile defense Obviously, something could happen capabilities of the United States of America down the road involving differences nental ballistic missiles from Iran targeted against the United States. such that it would give rise to a threat to over missile defense systems that could All NATO allies agreed in Lisbon that the the strategic nuclear potential of the Rus- require either country—Russia or the growing threat of missile proliferation, and sian Federation.’’ Article XIV(3), as you United States—to withdraw from the our Article 5 commitment of collective de- know, gives each Party the right to with- treaty. That is any sovereign country’s fense, requires that the Alliance develop a draw from the Treaty if it believes its su- right with any treaty. In 2002, Presi- territorial missile defense capability. The preme interests are jeopardized. dent Bush withdrew from the Anti-Bal- Alliance further agreed that the EPAA, The United States did not and does not agree with the Russian statement. We be- listic Missile Treaty because of our de- which I announced in September 2009, will be a crucial contribution to this capability. lieve that the continued development and desire to pursue missile defenses to pro- Starting in 2011, we will begin deploying the ployment of U.S. missile defense systems, in- tect us from an attack by a rogue first phase of the EPAA, to protect large cluding qualitative and quantitative im- state. parts of southern Europe from short- and provements to such systems, do not and will Madam President, I ask unanimous medium-range ballistic missile threats. In not threaten the strategic balance with the consent to have printed in the RECORD subsequent phases, we will deploy longer- Russian Federation, and have provided pol- the President’s letter on missile de- range and more effective land-based Stand- icy and technical explanations to Russia on fense. ard Missile–3 (SM–3) interceptors in Romania why we believe that to be the case. Although There being no objection, the mate- and Poland to protect Europe against the United States cannot circumscribe Rus- medium- and intermediate-range ballistic sia’s sovereign rights under Article XIV(3), rial was ordered to be printed in the missiles. In the final phase, planned for the we believe that the continued improvement RECORD, as follows: end of the decade, further upgrades of the and deployment of U.S. missile defense sys- THE WHITE HOUSE, SM–3 interceptor will provide an ascent- tems do not constitute a basis for ques- Washington, DC, December 18, 2010. phase intercept capability to augment our tioning the effectiveness and viability of the Hon. MITCH MCCONNELL, defense of NATO European territory, as well New START Treaty, and therefore would not Minority Leader, U.S. Senate, as that of the United States, against future give rise to circumstances justifying Rus- Washington, DC. threats of ICBMs launched from Iran. sia’s withdrawal from the Treaty. DEAR SENATOR MCCONNELL: As the Senate The Lisbon decisions represent an historic Regardless of Russia’s actions in this re- considers the New START Treaty, I want to achievement, making clear that all NATO gard, as long as I am President, and as long

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S10852 CONGRESSIONAL RECORD — SENATE December 21, 2010 as the Congress provides the necessary fund- First, the agreement emphasizes about whether to end debate. The ma- ing, the United States will continue to de- verification, providing a valuable window jority’s decision to jam through other velop and deploy effective missile defenses to into Russia’s nuclear arsenal. Since the matters during this lameduck session protect the United States, our deployed original START expired last December, Rus- has poisoned the well, driven away Re- forces, and our allies and partners. My Ad- sia has not been required to provide notifica- ministration plans to deploy all four phases tions about changes in its strategic nuclear publican votes, and jeopardized ratifi- of the EPAA. While advances of technology arsenal, and the United States has been un- cation of this important treaty. or future changes in the threat could modify able to conduct on-site inspections. Each Nevertheless, this treaty was pre- the details or timing of the later phases of day, America’s understanding of Russia’s ar- sented in the Senate on May 13, after 12 the EPAA—one reason this approach is senal has been degraded, and resources have hearings in two committees and many called ‘‘adaptive’’—I will take every action been diverted from national security tasks briefings. The Foreign Relations Com- available to me to support the deployment of to try to fill the gaps. Our military planners mittee reported the treaty to the Sen- all four phases. increasingly lack the best possible insight ate on September 16 in a bipartisan Sincerely, into Russia’s activity with its strategic nu- BARACK OBAMA. clear arsenal, making it more difficult to vote of 14 to 4. For several months, there have been intense negotiations to Mr. ALEXANDER. Madam President, carry out their nuclear deterrent mission. develop a realistic plan and the funding ratifying this treaty would extend the Second, New START preserves our ability to deploy effective missile defenses. The tes- for nuclear modernization. That up- policies of President Nixon, President timonies of our military commanders and ci- dated plan was reported on November Reagan, President George H.W. Bush, vilian leaders make clear that the treaty 17. The Senate voted to proceed to the President George W. Bush, as well as does not limit U.S. missile defense plans. Al- treaty last Wednesday. I voted no be- Democratic Presidents. though the treaty prohibits the conversion cause I thought there should still be I ask unanimous consent to have of existing launchers for intercontinental more time allowed for amendment and printed in the RECORD the statements and submarine-based ballistic missiles, our of the last six Republican Secretaries military leaders say they do not want to do debate. of State, all of whom support ratifica- that because it is more expensive and less ef- Despite the flawed process, I believe tion of the treaty. fective than building new ones for defense the treaty and the nuclear moderniza- purposes. tion plan make our country safer and There being no objection, the mate- Finally, the Obama administration has rial was ordered to be printed in the more secure. It will allow us to resume agreed to provide for modernization of the inspection and verification of disar- RECORD, as follows: infrastructure essential to maintaining our [From the Washington Post, Dec. 2, 2010] nuclear arsenal. Funding these efforts has mament of nuclear weapons in Russia. The head of our missile defense system THE REPUBLICAN CASE FOR RATIFYING NEW become part of the negotiations in the ratifi- START cation process. The administration has put says the treaty will not hamper our (By Henry A. Kissinger, George P. Shultz, forth a 10–year plan to spend $84 billion on missile development program—and if it James A. Baker III, Lawrence S. the Energy Department’s nuclear weapons does, we can withdraw from the treaty. Eagleburger, and Colin L. Powell) complex. Much of the credit for getting the All six former Republican Secretaries administration to add $14 billion to the origi- Republican presidents have long led the of State support ratification of this nally proposed $70 billion for modernization treaty. Therefore, I will vote to ratify crucial fight to protect the United States goes to Sen. Jon Kyl, the Arizona Republican against nuclear dangers. That is why Presi- who has been vigilant in this effort. Imple- the New START treaty and during the dents Richard Nixon, Ronald Reagan and menting this modernization program in a next several years vote to fund the nu- George H.W. Bush negotiated the SALT I, timely fashion would be important in ensur- clear modernization plan. START I and START II agreements. It is ing that our nuclear arsenal is maintained I yield the floor. why President George W. Bush negotiated appropriately over the next decade and be- f the Moscow Treaty. All four recognized that yond. reducing the number of nuclear arms in an Although the United States needs a strong CONCLUSION OF MORNING open, verifiable manner would reduce the and reliable nuclear force, the chief nuclear BUSINESS risk of nuclear catastrophe and increase the danger today comes not from Russia but stability of America’s relationship with the from rogue states such as Iran and North The ACTING PRESIDENT pro tem- Soviet Union and, later, the Russian Federa- Korea and the potential for nuclear material pore. Morning business is closed. tion. The world is safer today because of the to fall into the hands of terrorists. Given f decades-long effort to reduce its supply of those pressing dangers, some question why nuclear weapons. an arms control treaty with Russia matters. MILITARY CONSTRUCTION AND As a result, we urge the Senate to ratify It matters because it is in both parties’ in- VETERANS AFFAIRS AND RE- the New START treaty signed by President terest that there be transparency and sta- Obama and Russian President Dmitry LATED AGENCIES APPROPRIA- bility in their strategic nuclear relationship. TIONS ACT, 2010 Medvedev. It is a modest and appropriate It also matters because Russia’s cooperation continuation of the START I treaty that ex- will be needed if we are to make progress in The ACTING PRESIDENT pro tem- pired almost a year ago. It reduces the num- rolling back the Iranian and North Korean pore. Under the previous order, the ber of nuclear weapons that each side de- programs. Russian help will be needed to Senate will resume consideration of ploys while enabling the United States to continue our work to secure ‘‘loose nukes’’ maintain a strong nuclear deterrent and pre- the House message to accompany H.R. in Russia and elsewhere. And Russian assist- 3082, which the clerk will report. serving the flexibility to deploy those forces ance is needed to improve the situation in as we see fit. Along with our obligation to Afghanistan, a breeding ground for inter- The bill clerk read as follows: protect the homeland, the United States has national terrorism. Motion to concur in the House amendment responsibilities to allies around the world. Obviously, the United States does not sign to the Senate amendment, with an amend- The commander of our nuclear forces has arms control agreements just to make ment to H.R. 3082, an act making appropria- testified that the 1,550 warheads allowed friends. Any treaty must be considered on its tions for military construction, Department under this treaty are sufficient for all our merits. But we have here an agreement that of Veteran Affairs and Related Agencies, for missions—and seven former nuclear com- is clearly in our national interest, and we the fiscal year ending September 30, 2010, and manders agree. The defense secretary, the should consider the ramifications of not rati- for other purposes. chairman of the Joint Chiefs of Staff and the fying it. Pending: head of the Missile Defense Agency—all Whenever New START is brought up for Reid motion to concur in the amendment originally appointed by a Republican presi- debate, we encourage all senators to focus on of the House to the amendment of the Senate dent—argue that New START is essential for national security. There are plenty of oppor- to the bill, with Reid amendment No. 4885 (to our national defense. tunities to battle on domestic political the House amendment to the Senate amend- We do not make a recommendation about issues linked to the future of the American ment), of a perfecting nature. the exact timing of a Senate ratification economy. With our country facing the dual Reid amendment No. 4886 (to amendment vote. That is a matter for the administration threats of unemployment and a growing fed- No 4885), to change the enactment date. and Senate leaders. The most important eral debt bomb, we anticipate significant Reid motion to refer the message of the thing is to have bipartisan support for the conflict between Democrats and Repub- House on the bill to the Committee on treaty, as previous nuclear arms treaties did. licans. It is, however, in the national inter- Although each of us had initial questions Apropriations, with instructions, Reid est to ratify New START. about New START, administration officials amendment No. 4887, to provide for a study. have provided reasonable answers. We be- Mr. ALEXANDER. Madam President, Reid amendment No. 4888 (to (the instruc- lieve there are compelling reasons Repub- I will vote to ratify this treaty. The tions) amendment No. 4887), of a perfecting licans should support ratification. vote we are about to have today is nature.

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 21, 2010 CONGRESSIONAL RECORD — SENATE S10853 Reid amendment No. 4889 (to amendment continuing resolution, which will fund The ACTING PRESIDENT pro tem- No. 4888) of a perfecting nature. the government through March 4 of pore. By unanimous consent the man- Mr. ALEXANDER. Madam President, next year. This is a clean CR that is $1 datory quorum call has been waived. I suggest the absence of a quorum. billion above the spending level for fis- The question is, Is it the sense of the The ACTING PRESIDENT pro tem- cal year 2010. It meets the most basic Senate that debate on the motion to pore. The clerk will call the roll. needs of the Federal Government, and concur in the House amendment to the The bill clerk proceeded to call the will allow Congress the time necessary Senate amendment to H.R. 3082, with roll. to reconsider a funding bill next year. amendment No. 4885, shall be brought Mr. MCCONNELL. Madam President, Most importantly, this temporary to a close? The yeas and nays are man- I ask unanimous consent that the order funding measure will avoid a govern- datory under the rule. for the quorum call be rescinded. ment shutdown, which would be a ter- The clerk will call the roll. The ACTING PRESIDENT pro tem- rible thing for the American people. The legislative clerk called the roll. pore. Without objection, it is so or- That is the last thing any responsible Mr. DURBIN. I announce that the dered. Member of this body should wish for. Senator from Indiana (Mr. BAYH) and RECOGNITION OF THE MINORITY LEADER As I have previously stated, it is the Senator from Oregon (Mr. WYDEN) The ACTING PRESIDENT pro tem- deeply unfortunate that we were un- are necessarily absent. pore. The minority leader is recog- able to take up and pass the omnibus Mr. KYL. The following Senators are nized. bill. An omnibus, as opposed to a CR, necessarily absent: the Senator from NET NEUTRALITY RULES assumed responsibility for the spending Kansas (Mr. BROWNBACK) and the Sen- Mr. MCCONNELL. Madam President, decisions that are the most basic re- ator from New Hampshire (Mr. GREGG). later today the Federal Communica- sponsibility of Congress. I regret that The ACTING PRESIDENT pro tem- tions Commission is expected to ap- our colleagues on the other side of the pore. Are there any other Senators in prove new rules on how Americans ac- aisle, many of whom helped to craft the Chamber desiring to vote? cess information on the Internet. There the omnibus, failed to support it in the The yeas and nays resulted—yeas 82, are a lot of people rightly concerned. end. It was a far superior alternative to nays 14, as follows: The Internet has transformed our soci- this short-term CR. The omnibus bet- ety, our economy, and the very way we ter protected our national security and [Rollcall Vote No. 288 Leg.] communicate with others. It has served would have brought a responsible con- YEAS—82 as a remarkable platform for innova- clusion to the fiscal year 2011 appro- Akaka Feinstein Mikulski tion at the end of the 20th century and priations process. Alexander Franken Murkowski now at the beginning of the 21st cen- The CR we have before us allows for Barrasso Gillibrand Murray Baucus Graham Nelson (FL) tury. All of this has been made possible a limited number of adjustments for Begich Grassley Pryor because people have been free to create programs that would lose either their Bennet Hagan Reed and to innovate, to push the limits of funding or their authorization between Bennett Harkin Reid Bingaman Hutchison Roberts invention free from government in- now and March 4. The CR will also pre- Bond Inouye Rockefeller vent the layoff of thousands of Federal Boxer Johanns volvement. Sanders Now that could soon change. Today, workers and contractors during the Brown (MA) Johnson Brown (OH) Kerry Schumer the Obama administration, which has holiday season. Bunning Kirk Sessions already nationalized health care, the When the 112th Congress convenes in Cantwell Klobuchar Shaheen auto industry, insurance companies, January, I hope the Senate and the Cardin Kohl Shelby banks, and student loans, will move House will find a way to move forward Carper Kyl Snowe Casey Landrieu Specter forward with what could be a first step in a responsible manner to conclude Cochran Lautenberg Stabenow in controlling how Americans use the work on the fiscal year 2011 appropria- Collins Leahy Tester Internet by establishing Federal regu- tions process. To do so, we will require Conrad Levin Thune lations on its use. This would harm in- a good-faith effort from Members of Coons Lieberman Udall (CO) Corker Lincoln Udall (NM) vestment, stifle innovation, and lead to both parties to reach reasonable com- Cornyn Lugar Voinovich job losses. That is why I, along with promises on a range of issues. I hope Dodd Manchin Warner several of my colleagues, have urged that despite the current political envi- Dorgan McCaskill Webb Durbin McConnell Whitehouse the FCC Chairman to abandon this ronment, we can find a way to work to- Ensign Menendez Wicker flawed approach. The Internet is an in- gether to fund critical priorities that Enzi Merkley will strengthen our economy and pro- valuable resource. It should be left NAYS—14 alone. tect our Nation’s security. That is As Americans become more aware of Burr Feingold McCain what the American people expect of us, Chambliss Hatch Nelson (NE) what is happening here, I suspect many and they deserve no less. But for now, Coburn Inhofe Risch will be as alarmed as I am at the gov- I urge my colleagues to support this 10- Crapo Isakson Vitter ernment’s intrusion. They will wonder, week continuing resolution. DeMint LeMieux as many already do, if this is a Trojan CLOTURE MOTION NOT VOTING—4 horse for further meddling by the gov- The ACTING PRESIDENT pro tem- Bayh Gregg ernment. Fortunately, we will have an pore. The cloture motion having been Brownback Wyden opportunity in the new Congress to presented under rule XXII, the Chair The ACTING PRESIDENT pro tem- push back against new rules and regu- directs the clerk to read the motion. pore. On this vote, the yeas are 82, the lations. The legislative clerk read as follows: nays are 14. Three-fifths of the Sen- Madam President, I suggest the ab- CLOTURE MOTION ators duly chosen and sworn having sence of a quorum. We, the undersigned Senators, in accord- voted in the affirmative, the motion is The ACTING PRESIDENT pro tem- ance with the provisions of rule XXII of the agreed to. pore. The clerk will call the roll. Standing Rules of the Senate, hereby move The legislative clerk proceeded to Mr. REID. Madam President, I sug- to bring to a close debate on the motion to gest the absence of a quorum. call the roll. concur in the House amendment to the Sen- Mr. BROWN of Ohio. Madam Presi- ate amendment to H.R. 3082, the Full Con- The ACTING PRESIDENT pro tem- dent, I ask unanimous consent the tinuing Appropriations Act, with an amend- pore. The clerk will call the roll. order for the quorum call be rescinded. ment. The legislative clerk proceeded to The ACTING PRESIDENT pro tem- Joseph I. Lieberman, John D. Rocke- call the roll. pore. Without objection, it is so or- feller, IV, Byron L. Dorgan, John F. Mr. REID. I ask unanimous consent Kerry, Richard J. Durbin, Mark L. that the order for the quorum call be dered. Pryor, Robert Menendez, Amy Mr. BROWN of Ohio. I thank the Klobuchar, Patty Murray, Kay R. rescinded. Chair. Hagan, Christopher J. Dodd, Daniel K. The ACTING PRESIDENT pro tem- Mr. INOUYE. Madam President, Inouye, Mark Begich, Al Franken, Rob- pore. Without objection, it is so or- today the Senate will consider a 73-day ert P. Casey, Jr., Tom Carper. dered.

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S10854 CONGRESSIONAL RECORD — SENATE December 21, 2010 Mr. REID. Madam President, if I INOUYE, Lloyd Bentsen, Fritz Hollings, tance of judicial independence as the could have the attention of the Sen- PAT LEAHY, Dale Bumpers, David foundation of the rule of law, but Con- ators, I have had a number of conversa- Boren, Russell Long, Pat Moynihan, gress could at least require televising tions with the Republican leader today. George Mitchell, Sam Nunn, Gary the Court proceedings to provide some The collective goal is to move forward Hart, Bill Bradley, and others. They transparency to inform the public with the schedule as we know what it were carrying on the Senate’s glorious about what the Court is doing since it is. Senator MCCAIN has 15 minutes, tradition. has the final word on the cutting issues Senator INOUYE has 10 minutes, and the The Senate’s deliberate cerebral proof the day. Brandeis was right when he farewell speech of our friend Senator cedures have served our country well. said that sunlight is the best disinfect- SPECTER is going to be this morning. The Senate stood tall in 1805 in acquit- ant. We hope to have agreement that at ting Supreme Court Justice Samuel The Court does follow the election re- around 2 o’clock today, we will vote on Chase in impeachment proceedings and turns, and the Court does judicially no- a couple of judges. We will vote on the thus preserved the independence of the tice societal values as expressed by motion to concur on the continuing Federal judiciary. The Senate stood public opinion. Polls show that 85 per- resolution and vote on cloture on the tall in 1868 to acquit President Andrew cent of the American people favor tele- treaty. We don’t have that down in Johnson in impeachment proceedings, vising the Court when told that a cit- writing yet, but that is the goal, so ev- and that preserved the power of the izen can only attend an oral argument eryone understands. We will have four Presidency. Repeatedly in our 223-year for 3 minutes in a chamber holding to five votes this afternoon around 2 history, the Senate has cooled the pas- only 300 people. Great Britain, Canada, o’clock. That would point us toward sions of the moment to preserve the in- and State supreme courts permit tele- the final surge on this most important stitutions embodied in our Constitu- vision. treaty. I had conversations with Sen- tion which have made the United Congress has the authority to legis- ator KERRY and Senator KYL this States the envy of the world. late on this subject, just as Congress morning. I think there is a way clear It has been a great privilege to have decides other administrative matters to complete this sometime tomorrow. had a voice for the last 30 years in the such as what cases the Court must The ACTING PRESIDENT pro tem- great decisions of our day: how we allo- hear, time limits for decisions, number pore. The Senator from Pennsylvania. cate our resources among economic de- of Justices, the day the Court con- FAREWELL TO THE SENATE velopment, national defense, edu- venes, and the number required for a CLOSING ARGUMENT cation, environmental protection, and quorum. While television cannot pro- Mr. SPECTER. Madam President, NIH funding; the Senate’s role in for- vide a definitive answer, it could be this is not a farewell address but, rath- eign policy as we exercise it now on the significant and may be the most that er, a closing argument to a jury of my START treaty; the protection of civil can be done consistent with life tenure colleagues and the American people rights, as we demonstrated last Satur- and judicial independence. outlining my views on how the Senate day, eliminating don’t ask, don’t tell; Additionally, I urge Congress to sub- and, with it, the Federal Government balancing crime control and defend- stantially increase funding for the Na- arrived at its current condition of par- ants’ rights; and how we have main- tional Institutes of Health. When NIH tisan gridlock, and my suggestions on tained the quality of the Federal judi- funding was increased from $12 to $30 where we go from here on that pressing ciary, not only the high-profile 14 Su- billion annually and $10 billion added problem and the key issues of national preme Court nominations I have par- to the stimulus package, significant and international importance. ticipated in but the 112 Pennsylvanians advances were made on medical re- To make a final floor statement is a who have been confirmed during my search. It is scandalous—absolutely challenge. The Washington Post noted tenure on the Federal district courts or scandalous—that a nation with our the poor attendance at my colleagues’ the Third Circuit. farewell speeches earlier this month. On the national scene, top issues are wealth and research capabilities has That is really not surprising since the deficit and the national debt. The not done more. Forty years ago, the there is hardly anyone ever on the Sen- deficit commission has made a start. President of the United States declared ate floor. The days of lively debate When raising the debt limit comes up war on cancer. Had that war been pur- with many Members on the floor are next year, that will present an occa- sued with the diligence of other wars, long gone. Abuse of the Senate rules sion to pressure all parties to come to most forms of cancer might have been has pretty much stripped Senators of terms on future taxes and expendi- conquered. the right to offer amendments. The tures, to realistically deal with these I also urge colleagues to increase modern filibuster requires only a issues. their activity on foreign travel. Re- threat and no talking. So the Senate’s The Next Congress should try to stop grettably, we have earned the title of activity for more than a decade has the Supreme Court from further erod- ugly Americans by not treating other been the virtual continuous drone of a ing the constitutional mandate of sepa- nations with proper respect and dig- quorum call. But that is not the way it ration of powers. The Supreme Court nity. was when Senator CHRIS DODD and I has been eating Congress’s lunch by in- My experience on congressional dele- were privileged to enter the world’s validating legislation with judicial ac- gations to China, Russia, India, NATO, greatest deliberative body 30 years ago. tivism after nominees commit under Jerusalem, Damascus, Bagdad, Kabul, Senators on both sides of the aisle en- oath in confirmation proceedings to re- and elsewhere provided an opportunity gaged in collegial debate and found spect congressional factfinding and for eyeball-to-eyeball discussions with ways to find common ground on the precedents. That is stare decisis. The world leaders about our values, our ex- Nation’s pressing problems. recent decision in Citizens United is il- pectations, and our willingness to en- When I attended my first Republican lustrative. Ignoring a massive congres- gage in constructive dialog. Since 1984, moderates luncheon, I met Mark Hat- sional record and reversing recent deci- I have visited Syria almost every year, field, John Chafee, Ted Stevens, Mac sions, Chief Justice Roberts and Jus- and my extensive conversations with Mathias, Bob Stafford, Bob Packwood, tice Alito repudiated their confirma- Hafiz al-Assad and Bashar al-Assad Chuck Percy, Bill Cohen, Warren Rud- tion testimony given under oath and have convinced me there is a realistic man, Alan Simpson, Jack Danforth, provided the key votes to permit cor- opportunity for a peace treaty between John Warner, Nancy Kassebaum, Slade porations and unions to secretly pay Israel and Syria, if encouraged by vig- Gorton, and I found my colleague John for political advertising, thus effec- orous U.S. diplomacy. Similar meet- Heinz there. That is a far cry from tively undermining the basic demo- ings I have been privileged to have later years when the moderates could cratic principle of the power of one per- with Muammar Qadhafi, Yasser Arafat, fit into a telephone booth. son, one vote. Chief Justice Roberts Fidel Castro, Saddam Hussein, and On the other side of the aisle, I found promised to just call balls and strikes. Hugo Chavez have persuaded me that many Democratic Senators willing to Then he moved the bases. candid, respectful dialog with our move to the center to craft legisla- Congress’s response is necessarily toughest adversaries can do much to tion—Scoop Jackson, JOE BIDEN, DAN limited in recognition of the impor- improve relations among nations.

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 21, 2010 CONGRESSIONAL RECORD — SENATE S10855 Now I will shift gears. In my view, a by a compromise by the so-called Gang creed that States would be represented principal reason for the historic stat- of 14. Some nominees were approved, equally in the Senate and propor- ure of the U.S. Senate has been the some rejected, and a new standard was tionate to their populations in the ability of any Senator to offer vir- established to eliminate filibusters un- House. As Senate Historian Richard tually any amendment at any time. less there were extraordinary cir- Baker noted: ‘‘Without that com- This Senate Chamber provides the cumstances, with each Senator to de- promise, there would likely have been forum for unlimited debate with a po- cide if that standard had been met. Re- no Constitution, no Senate, and no tential to acquaint the people of Amer- grettably, again, that standard has not United States as we know it today.’’ ica and the world with innovative pro- been followed as those filibusters have Politics is no longer the art of the posals on public policy and then have a continued up to today. Again, the fault possible when Senators are intran- vote on the issue. Regrettably, that has rests with both parties. sigent in their positions. Polarization changed in recent years because of There is a way out of this procedural of the political parties has followed. abuse of the Senate rules by both par- gridlock by changing the rule on the President Reagan’s ‘‘big tent’’ has fre- ties. power of the majority leader to exclude quently been abandoned by the Repub- The Senate rules allow the majority other Senators’ amendments. I pro- lican Party. A single vote out of thou- leader, through the right of his first posed such a rule change in the 110th sands cast can cost an incumbent his recognition, to offer a series of amend- and 111th Congresses. I would retain seat. Senator BOB BENNETT was re- ments to prevent any other Senator the 60-vote requirement for cloture on jected by the far right in his Utah pri- from offering an amendment. That had legislation, with a condition that Sen- mary because of his vote for TARP. It been done infrequently up until about a ators would have to have a talking fili- did not matter that Vice President decade ago and lately has become a buster, not merely presenting a notice Cheney had pleaded with the Repub- common practice, and, again, by both of intent to filibuster. By allowing Sen- lican caucus to support TARP or Presi- parties. ators to offer amendments and a re- dent Bush would become a modern Her- By precluding other Senators from quirement for debate, not just notice, I bert Hoover. It did not matter that 24 offering amendments, the majority think filibusters could be effectively other Republican Senators, besides BOB leader protects his party colleagues managed, as they had been in the past, BENNETT, out of the 49 Republican Sen- from taking tough votes. Never mind and still retain, where necessary, the ators voted for TARP. Senator BEN- that we were sent here and are paid to opportunity to have adequate debate NETT’s 93 percent conservative rating make tough votes. The inevitable and on controversial issues. was insufficient. understandable consequence of that I would change the rule to cut off de- Senator LISA MURKOWSKI lost her pri- practice has been the filibuster. If a bate on judicial and executive branch mary in Alaska. Congressman MIKE Senator cannot offer an amendment, nominees to 51 votes, as I formally pro- CASTLE was rejected in Delaware’s Re- posed in the 109th Congress. Important why vote to cut off debate and go to publican primary in favor of a can- positions are left open for months, and final passage? Senators were willing— didate who thought it necessary to de- the Senate agenda today is filled with and are willing—to accept the will of fend herself as not being a witch. Re- unacted-upon judicial and executive the majority in rejecting their amend- publican Senators contributed to the ments but unwilling to accept being nominees, and many of those judicial primary defeats of BENNETT, MUR- railroaded to concluding a bill without nominees are in areas where there is an KOWSKI, and CASTLE. Eating or defeat- emergency backlog. Since Judge Bork being provided an opportunity to mod- ing your own is a form of sophisticated and Justice Thomas did not provoke ify it. That practice has led to an in- cannibalism. Similarly, on the other dignant, determined minority to fili- filibusters, I think the Senate can do side of the aisle, Senator JOE buster and to deny 60 votes necessary without them on judges and executive LIEBERMAN, a great Senator, could not officeholders. There is a sufficient safe- to cut off debate. Two years ago on this win his Democratic primary. Senate floor, I called the practice ty- guard of the public interest by requir- The spectacular reelection of Senator rannical. ing a simple majority on an up-down The decade from 1995 to 2005 saw the vote. I would also change the rule re- LISA MURKOWSKI on a write-in vote in nominees of President Clinton and quiring 30 hours of postcloture debate the Alaska general election and the de- President Bush stymied by the refusal and the rule allowing the secret hold, feat of other Tea Party candidates in of the other party to have a hearing or which requires cloture to bring the the 2010 general elections may show floor vote on many judicial and execu- matter to the floor. Requiring a Sen- the way to counter right-wing extrem- tive nominees. Then, in 2005, serious ator to disclose his or her hold to the ists. Arguably, Republicans left three consideration was given by the Repub- light of day would greatly curtail this seats on the table in 2010—beyond Dela- lican caucus to changing the long- abuse. ware, Nevada, and perhaps Colorado— standing Senate rule by invoking the While political gridlock has been fa- because of unacceptable general elec- so-called nuclear or constitutional op- cilitated by the Senate rules, I am tion candidates. By bouncing back and tion. The plan called for Vice President sorry to say partisanship has been in- winning, Senator MURKOWSKI dem- Cheney to rule that 51 votes were suffi- creased greatly by other factors. Sen- onstrated that a moderate centrist can cient to impose cloture for confirma- ators have gone into other States to win by informing and arousing the gen- tion of a judge or executive nominee. campaign against incumbents of the eral electorate. Her victory proves that His ruling, then to be challenged by other party. Senators have even op- America still wants to be and can be Democrats, would be upheld by the tra- posed their own party colleagues in pri- governed by the center. ditional 51 votes to uphold the Chair’s mary challenges. That conduct was be- Repeatedly, senior Republican Sen- ruling. yond contemplation in the Senate I ators have recently abandoned long- As I argued on the Senate floor at joined 30 years ago. Collegiality can held positions out of fear of losing that time, if Democratic Senators had obviously not be maintained when ne- their seats over a single vote or be- voted their consciences without regard gotiating with someone simultaneously cause of party discipline. With 59 votes to party loyalty, most filibusters out to defeat you, especially within for cloture on this side of the aisle, not would have failed. Similarly, I argued your own party. a single Republican would provide the that had Republican Senators voted In some quarters, ‘‘compromise’’ has 60th vote for many important legisla- their consciences without regard to become a dirty word. Senators insist tive initiatives, such as identifying party loyalty, there would not have on ideological purity as a precondition. campaign contributors to stop secret been 51 of the 55 Republican Senators Senator Margaret Chase Smith of contributions. to support the nuclear option. Maine had it right when she said we Notwithstanding the perils, it is my The majority leader then scheduled need to distinguish between the com- hope more Senators will return to inde- the critical vote on May 25, 2005. The promise of principle and the principle pendence in voting and crossing party outcome of that vote was uncertain, of compromise. This great body itself lines evident 30 years ago. President with key Republicans undeclared. The was created by the so-called Great Kennedy’s ‘‘Profiles in Courage’’ shows showdown was averted the night before Compromise, in which the Framers de- the way. Sometimes a party does ask

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I am hon- Then he lists and describes in detail British House of Commons, when he ored to have worked with him on so significant places in Pennsylvania that said: ‘‘ . . . his [the elected representa- many priorities, whether it was vet- have a connection to our history, tive’s] unbiased opinion, his mature erans or workers, whether it was dairy whether it is the Liberty Bell or the judgment, his enlightened conscience farmers or the economy of Pennsyl- battlefield of Gettysburg; whether it is . . . [including his vote] ought not to vania or whether it was our soldiers or the farms in our Amish communities or be sacrificed to you, to any man or any our children or our families. We have whether it is some other place of his- set of men living.’’ worked on so many priorities. He has toric significance. I have no doubt But, above all, we need civility. been a champion for our State and he whatsoever that if the same history Steve and Cokie Roberts, distinguished has shown younger Senators the way to were recounted about the people who journalists, put it well in a recent col- work together in the interests of our had an impact on our Commonwealth— umn, saying: State and our country. the people who moved Pennsylvania Civility is more than good manners. . . . That bipartisanship wasn’t just a forward; the people who in addition to Civility is a state of mind. It reflects respect sentiment; it was bipartisanship that moving our State forward had an im- for your opponents and for the institutions led to results. I wish to point to one ex- pact on the Nation—if we make a list you serve together. . . . This polarization ample of many I could list: the funding of Pennsylvanians who made such con- will make civility in the next Congress more for the National Institutes of Health, tributions, whether it would be Wil- difficult—and more necessary—than ever. that great bulwark and generator of liam Penn or Benjamin Franklin—and A closing speech has an inevitable as- discoveries that cures diseases and cre- you can fill in the blanks from there— pect of nostalgia. An extraordinary ex- ates jobs and hope for people often I have no doubt that list would include perience for me is coming to an end. without hope because of a disease or a Senator ARLEN SPECTER. He is a son of But my dominant feeling is pride in the malady of one kind or another. That Kansas who made Pennsylvania his great privilege to be a part of this very bipartisanship Senator SPECTER dem- home. He is a son of Kansas who fought unique body with colleagues who are onstrated every day in the Senate has every day for the people of Pennsyl- such outstanding public servants. I achieved results for Pennsylvania, for vania. have written and will write elsewhere sure, in terms of jobs and opportunity So it is the work and the achieve- about my tenure here, so I do not say and hope but also results for the Na- ments and the passion and the results farewell to my continuing involvement tion as well. in those years in the Senate that will in public policy, which I will pursue in I know we are short on time, but I put him on the very short list of those a different venue. Because of the great wanted to make one note about the who contributed so much to our Com- traditions of this body and because of history of his service. No Senator in monwealth that we love and to our its historic resilience, I leave with the history of the Commonwealth—and country that we cherish. great optimism for the future of our we have had 55 or so Senators, depend- For all of that and for so many other country, a great optimism for the con- ing on how you count those who have reasons, as a citizen of Pennsylvania, a tinuing vital role of the Senate in the been elected and served, but of those resident of Pennsylvania, a citizen of governance of our democracy. 55, no Senator has served longer than the United States but as a Senator—I I thank my colleagues for listening. Senator SPECTER. I recall the line—I want to express my gratitude to Sen- (Applause, Senators rising.) think it is attributed to Abraham Lin- ator ARLEN SPECTER for his 30 years of The PRESIDING OFFICER (Mr. coln, but it is a great line about what service, but especially for what those UDALL of New Mexico). Cloture having years mean and what service means, 30 years meant to the people, some- been invoked, the motion to refer falls. and I will apply the analogy to Senate times people without a voice, some- Mr. WHITEHOUSE. Mr. President, I service. The line goes something like times people without power. suggest the absence of a quorum. this: It is not the years in a life, it is Thank you, Senator SPECTER. The PRESIDING OFFICER. The the life in those years. I am para- I yield the floor. clerk will call the roll. phrasing that. The same could be said The PRESIDING OFFICER. The Sen- The assistant legislative clerk proof the life of a Senator. It is not just ator from Illinois. ceeded to call the roll. that he served 30 years. That alone is a Mr. DURBIN. Mr. President, I wish to The PRESIDING OFFICER. The Sen- singular, unprecedented achievement. join my colleagues in noting the fare- ator from Pennsylvania. In fact, the Senator he outdistanced in well address of Senator ARLEN SPECTER Mr. CASEY. Mr. President, I ask a sense in terms of years of service was is an inspiring moment in the Senate. unanimous consent that the order for only elected by the people twice. Sen- It has been my great honor to serve the quorum call be rescinded. ator SPECTER was elected by the people with Senator SPECTER and to be a The PRESIDING OFFICER. Without of Pennsylvania five times. But it is member of the Senate Judiciary Com- objection, it is so ordered. the life in those Senate years, the work mittee with him as well. I think of his TRIBUTE TO RETIRING SENATORS in those Senate years, the contribution contribution to the Senate at many ARLEN SPECTER to our Commonwealth and our country levels. I certainly appreciate what he Mr. CASEY. Mr. President, I wish to in those Senate years that matters and did for the Senate and for the Nation offer some remarks in furtherance of has meaning. His impact will be felt for when he chaired the Judiciary Com- what Senator SPECTER told us about generations—not just decades but for mittee and served on that committee, this great institution. I wanted to generations. particularly when it came to the hear- spend a moment talking about his serv- Let me close with this. There is a ings involving the appointment of new ice to the Commonwealth of Pennsyl- history book of our State that came Supreme Court Justices. Without fail, vania. out in the year 2002, and it has a series Senator SPECTER at those hearings When I came to the Senate in 2007 as of stories and essays and chapters on would always have dazzling insight a Senator-elect, one of the first things the history of Pennsylvania. It is a fas- into the current state of the law and I did was go to see Senator SPECTER. cinating review of the State’s history. the record of the nominee. I couldn’t He asked me at that time to go to The foreword to that publication was wait for him each time there was a lunch. From the moment I arrived in written by Brent E. Glass, at the time hearing to see what his tack would be. the Senate, he made it very clear to me the executive director of the Pennsyl- It always reflected a thoughtful reflec- that not only did the people of Penn- vania Historical and Museum Commis- tion on the historic moment we faced sylvania expect, but he expected as sion. He wrote this in March of 2002. It with each nominee. The questions he well, that we work together. is a long foreword which I won’t read, asked, the positions he took, the state- From the beginning of his service in but he said in the early part of this ments he made, all made for a better the Senate, way back when he was foreword the following: record for the United States as the

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I wor- SPECTER, with the help in some re- was the best of the Senate, when a Sen- ried about it—that they would not spects and in some efforts by Senator ator had the courage to stand up, take think much about me. But I went up TOM HARKIN, has done more to advance a position, risk his Senate seat because there and nearly froze to death. I the cause of medical research in his he believed in it, and do some good for thought this is just a payback for the time than virtually any other Member America which would benefit millions, Civil War, I guess, that ARLEN never of the Congress. He had a single-mind- as his vote and his effort did. got to express. He was going to do his ed determination to advance medical When I look at those whom I have part to help educate me and refine me research and to put the investment in served with in the Senate, there are in the ways of modern America. But the National Institutes of Health. On precious few who meet the standards that led to an entire career here work- the House side, Congressman John Por- for ARLEN SPECTER. I am going to miss ing alongside him on both sides of the ter joined him in that early effort— him for so many reasons, but I know aisle, which I have enjoyed very much. John Porter of Illinois—but time and his involvement in public life will not We have all learned from him the again ARLEN SPECTER would have as quit. That is often a cliche we hear on commitment that he makes to the job, his last bargaining chip on the table, the floor after a farewell address. But I the seriousness of purpose that he whenever there was a negotiation, that know it because he has been ham- brings to committee work, and he has we needed to put more money in the mering away at me every single day truly been an outstanding leader in the National Institutes of Health. I know about bringing those cameras over to Senate, through personal performance he was probably inspired to that cause the Supreme Court. So even when he and his serious and impressive record by many things, but certainly by his leaves this body, if it is not done then, of leadership. own life experience where he has suc- I am sure I am going to hear from him I am glad to express those thoughts cessfully battled so many medical de- again on televising the Supreme Court today and wish ARLEN well in the years mons and is here standing before us as proceedings. I give my word that as ahead. We will still have a friendship living proof that with his self-deter- long as I am around here, Senator, I that will be appreciated. I look forward mination and the advancement of will carry that banner for you, and if I to continuing that relationship. science, we can overcome even some of have a chance to help you pass that I yield the floor. the greatest diseases and maladies that measure at some point in the future I The PRESIDING OFFICER (Mr. come our way. am going to do it because I think it is MERKLEY). The Senator from Pennsyl- He was, to me, a role model many the right thing to do and I know it has vania is recognized. times as he struggled through cancer meant so much to you. NEW START TREATY therapy and never missed a bell when The Senate’s loss is America’s gain Mr. SPECTER. Mr. President, I have it came to presiding over a committee as he becomes a public figure in a dif- sought recognition to comment briefly hearing or coming to the floor to vote. ferent life. But during his tenure in the about the START Treaty, the consider- There were times when all of us knew Senate he has graced this institution ation of which is now pending before he was in pain. Yet he never let on. He with an extraordinary intelligence, a the Senate, and to urge my colleagues did his job and did it with a gritty de- determination, and a belief that the to move forward to ratify this impor- termination, and I respect him so much national good should rise above any tant treaty. for it. That personal life experience, I party cause. I am going to miss ARLEN I have long been interested in the re- am sure, played some role in his deter- SPECTER and I thank him for being my lationship between the United States mination to advance medical research. friend. and, at that time, the Soviet Union, So as he brings an end to his Senate I yield the floor. following the end of World War II, with career, there are countless thousands The PRESIDING OFFICER. The Sen- the emergence of our Nation and the who wouldn’t know the name ARLEN ator from Mississippi. Soviets emerging as the two great SPECTER who have been benefited by Mr. COCHRAN. Mr. President, I was world powers. this man’s public service and commit- pleased to have an opportunity to hear In college, after the war, I devoted a ment to medical research. I thank him most of the remarks made this morn- good bit of study to U.S.-U.S.S.R. rela- for that as a person, as does everyone ing by my friend and colleague from tions. I wrote a senior thesis on it as a in this Chamber who has benefited Pennsylvania and others who have spo- major in political science and inter- from that cause in his life. ken on the occasion of his retirement national relations, and I have contin- I also think, as I look back on his from the Senate. ued that interest throughout my ten- work on the stimulus bill when he was I couldn’t help but remember when ure in the Senate. One of my first ini- on the other side of the aisle, that it he was campaigning in his first race for tiatives, in 1982, after being elected in took extraordinary courage and may the Senate and I had been asked to be 1980, was to propose a resolution call- have cost him a Senate seat to step for- available to help out in some cam- ing for a summit meeting between the ward and say, I will join with two other paigns that year. I was a brandnew President of the United States and the Republicans to pass a bill for this new Senator and didn’t know a lot of the head of the Soviet Union. President Obama to try to stop a reces- protocols, but when I heard ARLEN President Reagan had a practice of sion and to give some new life to this SPECTER wanted me to come up and making Saturday afternoon speeches— economy. There were very few with the speak in Pennsylvania somewhere dur- or Saturday morning speeches—on the courage to do it. He was one of them. ing his campaign, I decided I would ac- radio. One day I listened in and heard Sitting with him in the meetings where cept the invitation, although I was a him talk about the tremendous de- the negotiations were underway, then- little apprehensive about it, about how structive power which both the U.S. Republican Senator ARLEN SPECTER I would be received as a Republican and U.S.S.R. had, and how they had the drove hard bargains in terms of bring- from Mississippi going up and helping capacity to destroy each other. Of ing down the overall cost of the project this new candidate who was running on course, that capacity became the basis and dedicating a substantial portion— the Republican ticket too. His wife of the mutual assured destruction pe- $10 billion, if I am not mistaken—to Joan was a member of the city council riod. But it seemed to me that what the National Institutes of Health. in Philadelphia, as I recall—very well ought to be done was there ought to be Again, the final negotiation on the respected. Anyway, I enjoyed getting a dialog and an effort to come to terms stimulus bill for America included to know the Senator and his wife bet- with the Soviet Union to reduce the ARLEN SPECTER’s demand that the Na- ter during those early campaign tension and reduce the threat of nu- tional Institutes of Health have addi- events. Then, after he was elected, he clear war. I, therefore, offered a resolu- tional research dollars. His commit- asked me to make one more trip up. tion to propose that.

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S10858 CONGRESSIONAL RECORD — SENATE December 21, 2010 My resolution was resisted by one of treaty which has been in effect up until It comes in a context where it is sub- the senior Senators, Senator John the present time and has worked so ject to being misunderstood as a polit- Tower of Texas, who was chairman of very well. ical matter in the United States. I do the Armed Services Committee. When I Strenuous arguments have been not question for a moment the motiva- proposed the resolution, it brought made about modernizing our nuclear tion of those who oppose START. Senator Tower to the floor with a very forces. Well, that is a subject for an- Those who have spoken against it have really heated debate, with Senator other day and another time. But those been some of our body’s most knowl- Tower challenging my resolution and who have offered that advocacy have edgeable Members on this important challenging my knowledge on the sub- found a response from the administra- subject. But there is so much publicity ject. tion with millions of dollars, from $85 about some questioning whether Presi- Early on, after being elected and million. That, as I say, belongs to an- dent Obama can have both the START starting to serve in 1981, I had traveled other day and another analysis. But treaty and repeal of don’t ask, don’t to Grand Forks, ND, to see the Missile- those who have advocated for mod- tell at the same time, there has been so man II. I went to Charleston, SC, to see ernization have gained very substantial much public comment about not want- our nuclear submarine fleet, and I went responses from the administration on ing to see President Obama have an- to Edwards Air Force Base in Cali- that subject. Curious, in that context, other victory before the end of the fornia to look at the B1–B, the B–1 that notwithstanding that very sub- year, so much comment which raises a bomber, at that time. I was prepared to stantial funding, it hasn’t won them question as to whether opposition is take on these issues. over, hasn’t diminished their resist- politically motivated. Senator Tower opposed it, offered a ance to the treaty. Also, curious in the If the Russians and the other nations tabling motion, and standing in the context of those expenditures on an of the world cannot rely upon the Sen- well of the Senate, as if it was yester- issue, which didn’t directly involve the ate to make a judgment on the merits day, I can remember that Senator Lax- necessity for modernization, there is a without regard to the politics or the alt walked down the aisle from the real question as to whether there has appearance of politics, it has very seri- door entering this Chamber and voted been adequate debate and study on ous consequences for our standing in no. He started to walk up the aisle to that subject, on the hearings. It isn’t the international community of na- the Republican cloakroom. part of the START treaty debate and tions. Senator Tower chased him and said: discussion about the expenditure of For those reasons, I do believe we Paul, you don’t understand. This is a that kind of money, considering the ought to move ahead promptly. We tabling motion. I am looking for an kind of a deficit we have, and also con- ought to ratify this treaty. We ought ‘‘aye.’’ sidering the advocates of those mod- to continue our strenuous efforts to rid Laxalt turned and said: I understand ernization additions with the great ex- the world of the threat of nuclear war. This is part of that ongoing process. it is a tabling motion, and I voted the pense have been some of the loudest I urge my colleagues to ratify this way I wanted to, no. I want the resolu- voices objecting to governmental ex- important treaty. tion to go forward. penditures. I yield the floor. Senator Tower said: Well, ARLEN Well, we ought to spend what it takes The PRESIDING OFFICER (Mr. SPECTER is trying to tell the President for defense. That is the fundamental UDALL of New Mexico). The Senator what to do. purpose of the Federal Government, to from Alabama is recognized. Senator Laxalt replied: Well, why protect its citizens. But real questions ARLEN SPECTER shouldn’t he? Everybody else does, he arise in my mind as to whether this Mr. SESSIONS. Mr. President, I see said jokingly. was the proper place to have that argu- my other colleagues. I do wish to talk That tabling motion was defeated 60 ment, but that has gone by the boards. about one or two judicial nominees, to 38. When a vote came up on the final I think the letter which Admiral but I want to say first how much I ap- resolution, it passed with 90 in favor Mullen, Chairman of the Joint Chiefs preciate Senator SPECTER. and 8 in opposition. We know what hap- of Staff, has issued about the conclu- I have had the honor to serve on the pened. There were negotiations and sion of the military, that this is a good Senate Judiciary Committee with Sen- President Reagan came up with the fa- treaty; about Admiral Mullen’s state- ator SPECTER the entire time I have mous dictum, ‘‘trust, but verify.’’ ment that he personally was involved been in the Senate—going on 14 years, I was then active in the negotiations, in the negotiations; that if the START I guess. No one has a clearer legal the discussions on the Senate observer treaty was not to be ratified there mind. The clarity of his thought and group in Geneva around 1987. Then our would be U.S. military resources that expression is always impressive to me. record is plain that we have approved would have to be devoted to certain And as someone who practiced law, I by decisive numbers three very impor- other issues which were taken by see the great lawyer skills he pos- tant treaties. START I was approved START so that it leads to an unequivo- sesses. by the Senate in 1992, with a vote of 93 cal recommendation by our No. 1 mili- Also, I note that he has not just to 6. The START II treaty was ap- tary expert, the Chairman of the Joint today but throughout his career de- proved in 1996 by a vote of 87 to 4. The Chiefs of Staff. fended the legitimacy of the powers of Moscow Treaty of 2003 was approved by One other very important element the Senate. He was very articulate over a vote of 95 to 0. that has been discussed, but cannot be the past number of years in criticizing We have heard extensive debate on over emphasized, is the destructive the abuse of filling the tree, where bills the floor of the Senate. People have consequence of having this treaty re- can be brought up and amendments are questioned the adequacy of the verifi- jected in terms of our relations with not allowed. He has believed that is an cation. I think those arguments have Russia. unhealthy trend in the Senate, and he been answered by Senator JOHN KERRY, Russia is vitally important to us as has been one of the most effective ad- chairman of the Foreign Relations we deal with Iran, vitally important to vocates in opposition to it. Committee, who has done such an ex- us as we deal with North Korea, vitally He sponsored and helped pass the cellent job in managing the treaty. important to us as we deal with a Armed Career Criminal Act. He was Questions have been raised about the whole range of international problems. one of the leaders in that. Having been missile defense, and I think that, too, For us to come right to the brink and a longtime prosecutor in Philadelphia, has been adequately responded to. This then to say no and reject it and seek to I like to tease our good friend Senator has nothing to do with the issue of mis- reopen it would have a very serious ef- LEAHY that he was a prosecutor, but it sile defense. fect on our relations with Russia, was in Vermont. Senator SPECTER had For me, a very key voice in this en- which are so important to our national to deal with a lot of crime in Philadel- tire issue has been the voice of Senator security. The other nations of the phia and was consistently reelected RICHARD LUGAR, who has pointed out world are watching in the wings what there for his effectiveness and is a true that this treaty does not deal with we do here. It would have a domino ef- source of insight into crime in America these collateral issues. This treaty is, fect on our relationship with other na- and has been an effective advocate for directly stated, an extension of the tions. fighting crime.

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 21, 2010 CONGRESSIONAL RECORD — SENATE S10859 I note also that he has a good view I thank Senator SPECTER very much them. We are moving forward with the about a Senator. He respects other for his service. phased adaptive approach to protect Senators. He was talking with me one I yield the floor. our allies, with the two-stage inter- time or I was sharing with him my con- The PRESIDING OFFICER. The Sen- ceptor as a hedge. cern about a matter, and he used a ator from Alaska is recognized. The unilateral statement by Russia phrase I heard him use more than once: NEW START TREATY also is nonbinding and is not even part Well, you are a U.S. Senator. In other Mr. BEGICH. Mr. President, I rise in of the treaty. Our own unilateral state- words, if you do not like it, stand up support of the New START treaty. I do ments make it clear that this treaty and defend yourself. He respected that, so for several reasons. will not constrain missile defense in even if he would disagree. First, of course, the treaty is essen- any way and that we will continue im- I remember another time Senator tial for national security. It promotes proving and deploying missile defense SPECTER was on the floor. I had just ar- transparency and stability between the systems to protect us and our allies. rived in the Senate. I wanted him to do two countries that possess the major- These types of statements in a treaty something—I have long since forgotten ity of the world’s nuclear weapons. It are not unprecedented. The right to what. will decrease the likelihood of a nu- withdraw has been stated in many pre- I said: Senator SPECTER, you could clear weapon falling into the hands of a vious treaties—the nonproliferation vote for this, and back home, you could rogue nation. treaty and the START treaty. Those say thus and so. For the residents of my State, the statements did not stop the Senate He looked right at me, and he said: treaty is close to home, literally. Alas- from ratifying those treaties. The lan- Senator, I don’t need your advice on ka and Russia are less than 3 miles guage in the New START treaty should how to conduct myself back home po- apart at the closest point in the Bering not either. In fact, this treaty actually litically. Sea. Commerce, scientific, educational, helps missile defense because it lessens I learned a lesson from that. I never and cultural exchanges are common- restrictions on test targets that were told another Senator that, I say to place between Alaska and our Russian in the previous treaty. We will have Senator SPECTER. Who am I to tell you neighbors. So peaceful coexistence more flexibility in testing. how to conduct yourself politically with Russia is more than an abstract We have heard from our national se- back home in the State of Pennsyl- concept to my constituents; it is a way curity leaders that this treaty does not vania? of life. constrain ballistic missile defense in Senator SPECTER chaired the Judici- any way. Secretary of State Hillary ary Committee during the confirma- The second reason this treaty is personal for Alaskans is because of our Clinton, Secretary of Defense Robert tions of Chief Justice Roberts and Jus- Gates, Chairman of the Joint Chiefs of tice Alito. He was the leading Repub- close proximity to North Korea. When North Korea’s leader exercises his po- Staff Mike Mullen, Missile Defense lican chair at that time. He raised Agency Director LTG Patrick O’Reilly, questions about the nominees. But as litical muscle by firing test missiles or threatening to attack the United former Strategic Commander GEN chairman of the committee, with the Kevin Chilton, and countless others votes and support of his Republican States, Alaskans get nervous because we are most directly in the line of fire. confirm that this treaty in no way lim- colleagues, he protected our rights, he its our ballistic missile defense plans. protected our interests. He did not Thankfully, my home State is home to the ground-based missile defense We cannot disregard the views of our back down one time on any action by Nation’s most senior military and ci- the other party that would have denied system. Based at Fort Greely, this sophisticated system of more than two vilian leaders on this critical issue be- the ability to move that nomination cause of politics. forward to a vote and protect the dozen ground-based interceptors is maintained and operated by highly We have had almost 7 months to con- rights of the parties on our side. sider this treaty. We have had numer- Those are a few things that come to trained members of the Alaska Na- tional Guard. I was pleased to show De- ous hearings and briefings—more on mind when I think about the fantastic this treaty than any other single item fense Secretary Robert Gates this service he has given to the Senate. He I have been involved in since I have state-of-the-art system last year. I is one of our most able Members, one of been here. In that time, I heard no cur- worked with my colleagues on both our most effective defenders of senato- rent or former national security leader sides of the aisle to make sure this sys- rial prerogative and independence, one say this treaty is a detriment to bal- tem gets the resources and funding it of our crime fighters without par, and listic missile defense. What they say warrants to protect us. I will continue one of the best lawyers in the Senate, and what we know is that the New to do that. a person who is courageous and strong. START treaty will strengthen national I would be troubled if the New Even when he was conducting those security and will not constrain bal- START treaty impacted our Nation’s very intense Alito and Roberts hear- listic missile defense. ings—it was just after he had serious missile defense system. I know some of For all of these reasons, I urge a cancer treatment, the chemotherapy. I my colleagues on the other side of the prompt approval of this vital treaty for know he didn’t feel well, but he was aisle would be equally concerned. For- our Nation and our world. fabulous in conducting himself at that tunately, such concerns are unfounded. Mr. President, I yield the floor. time. Throughout all of that treat- I am confident nothing in this treaty The PRESIDING OFFICER. The Sen- ment, his work ethic surpassed by far will limit our ability to defend our- ator from Colorado is recognized. that of most Senators in this body. It selves and our allies against a ballistic Mr. BENNET. Mr. President, I ask has been an honor to serve with him. missile attack from a rogue nation. unanimous consent that my statement I see my other colleagues. I know The preamble of this treaty simply and that of Senator UDALL appear as in Senator COBURN wanted to come down. acknowledges the relationship between executive session and that the time be He was told he might be able to speak offensive and defensive strategic arms charged postcloture. around noon. and verifies that current defensive The PRESIDING OFFICER. Without SENATOR SPECTER strategic arms do not undermine the objection, it is so ordered. Mr. BENNET. Mr. President, first, offensive forces. The preamble is non- NOMINATION OF BILL MARTINEZ before I get into my remarks, I wish to binding. There is no action or inaction Mr. BENNET. Mr. President, I rise say how much I appreciated the re- arising from this statement. today to state my strong support for marks of Senator SPECTER today. I, for The section of the treaty prohibiting the nomination of Bill Martinez to one, hope Senators on both sides of the conversion of missile silos or launchers serve on the U.S. District Court for the aisle, Democrats and Republicans, heed for ballistic missile defense purposes District of Colorado. Having rec- his closing remarks as he described does not impact us. It is not something ommended his candidacy to the Presi- them and also the farewell remarks of we are planning to do. In fact, we are dent, along with my colleague Senator so many Senators over the last 2 or 3 in the process of completing a missile UDALL, I believe he is eminently quali- weeks. I think there is a lot of wisdom field in Alaska to field interceptors. fied for the Federal bench. we can apply to our work going for- The field will have seven spare silos to Bill was nominated to serve on the ward. deploy more interceptors if we need U.S. District Court for the District of

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For those who work of the Judiciary Committee, both Bill’s personal story is a tribute to this might not have been involved in the Democrats and Republicans, who have country and embodies the American markup, I would like for everyone in moved this nomination forward and are dream. He is an immigrant success this body to know this resolution of trying to finish it before the end of the story. Bill was born in Mexico and im- ratification, thanks to the good will of 111th Congress. migrated with his family to the United the chairman of our committee, was Our State has two vacancies on the States at a young age. He was the first mostly drafted by Republicans. It was district court. Both vacancies are over in his family to attend college and law drafted, with the approval, certainly, 2 years old, with one close to 3 years school. His rise through the legal proof the chairman, but this was drafted old. Because there are only seven Fed- fession is a great example for bright, by Senator LUGAR, by myself, Senator eral judgeships in our State, the other young law students, and, indeed, for us KYL had tremendous input into this, judges are facing ever-growing case- all. and Senator ISAKSON. loads, resulting in significant backlogs I urge my colleagues to vote for Bill’s So the resolution of ratification we for those seeking justice. nomination. He is a model nominee for are amending today had tremendous In fact, the administrative office of the Federal district court, an expert in Republican input. As a matter of fact, the courts has declared the vacancy labor and employment law who will it was done mostly by Republicans. As situation in Colorado a judicial emer- serve Coloradans well. Bill Martinez a matter of fact, this resolution of rati- gency. It is important that we move has the experience and strong sense of fication is called the Lugar-Corker res- these nominations forward to prevent civic responsibility we need on the olution. This is what came out of com- further backlogs and judicial emer- Federal bench. mittee. gencies, and I pledge to work with my I thank the chairman for his guid- One of the things that has concerned colleagues on both sides of the aisle to ance of this nomination, and I urge my people on both sides of the aisle has make sure we can work together to colleagues to vote to confirm Bill to been this whole issue of modernization. confirm judicial nominees such as Bill Colorado ’s Federal bench. I have seen something of beauty over Martinez in a timely manner. I also would be remiss, if I didn’t the last year. About 1 year ago, I met thank my senior Senator, MARK I believe, after careful review of Bill with Senator KYL in the Senate Dining Martinez’s experience, my colleagues UDALL, for his extraordinary efforts to Room, and we began looking at the will see this is someone well worth con- make sure we had a fair, balanced, and modernization of our nuclear arsenal. firming. Bill is currently at a law firm thoughtful search process. I think that Many people have focused during this in Denver, where he primarily rep- process for this appointment and for debate on the fact that we have 1,550 resents plaintiffs in Federal and State the others whom we have done already warheads as a limitation, if you will, in courts and before arbitrators and ad- are a model for the country, and it is a this treaty. But they fail to realize we ministrative agencies. He is certified real testament to Senator UDALL’s have over 5,000 warheads in our nuclear as AAA arbitrator in employment dis- leadership. arsenal, all of which need to be mod- With that, I yield the floor. putes. ernized, and all of which are getting Prior to starting his own firm, he was The PRESIDING OFFICER. The Sen- ator from Tennessee. ready to be obsolete if we don’t make a regional attorney of the U.S. EEOC the investment. NEW START TREATY in its Denver district office. Senator As a matter of fact, the Presiding Of- Mr. CORKER. Mr. President, I know UDALL will be going into more detail ficer and I have visited some of the labs today is a pretty monumental day as it regarding this nominee. throughout our country. There are There, Bill had responsibility for the relates to the START treaty we have seven facilities we have in this country Commission’s legal operations and been discussing for some time, and to- that deal with our nuclear arsenal. Federal court enforcement litigation in morrow will be a big day in that regard Many of those are becoming obsolete the office’s six-State jurisdiction. too. I think there is nothing more we and must have needed investment. Before joining the EEOC, Bill worked care about than our country being se- in private practice on employment, secure. I have two daughters who are 21 I have watched Senator KYL over the curities and commercial litigation. and 23, a wonderful wife, and extended last year, in a very methodical way— I know some want to focus on his pro family, as does every Member in this under his leadership, with me as his bono work and try to make political room, and there is nothing I take more wing man, and others—working to assumptions about him from a small seriously than making sure our coun- make sure the proper modernization of portion of his career. But I know Bill, try is secure. our nuclear arsenal takes place. There and he is the sum of a lot of great work So as a member of the Foreign Rela- is no question in my mind—there is no in the public and private sectors. tions Committee, when we entered into question in my mind—if it were not for For example, while at the EEOC Bill discussions relating to the START the discussion of this treaty, we would was in charge of an age discrimination treaty, I attended 11 of the 12 hearings. not have the commitments we have class action suit that resulted in a set- I have been in multiple classified meet- today on modernization. tlement of nearly $200 million for 3,200 ings, I have spoken to military leaders This is the 1251 report that is re- laid off engineers. This is one of the across our country, and I have been in quired by Defense authorization. This largest ever age discrimination class so many intelligence briefings that I has been updated twice due to the ef- actions. have begun to speak like an intel- forts of Republicans, led by Senator Bill began his career at the Legal As- ligence officer. So I have taken this re- KYL, who has done an outstanding job. sistance Foundation of Chicago, rep- sponsibility very seriously. This has been updated twice. First, we resenting indigent clients and other in- I wish to say there are numbers of had a 5-year update about 60 days ago, dividuals seeking low- or no-cost coun- people who obviously are still making and we had a 10-year update that came sel. This is a nominee whose breadth of up their mind regarding this treaty, thereafter. This is our nuclear mod- legal experience has spanned the pro- and that is why I came to the floor. ernization plan. fession, and I think for that reason One of the things we do when we end up Mr. President, I ask unanimous con- alone he should be confirmed. ratifying a treaty is we have something sent to have printed in the RECORD the Over the course of his legal career, called a resolution of ratification. No nuclear modernization plan as part of Bill has been lead or colead counsel in doubt this treaty was negotiated by this debate. complex litigation, resulting in 18 pub- the President and his team—the Sec- There being no objection, the mate- lished opinions from Federal and State retary of State and others who work rial was ordered to be printed in the courts in Colorado and Illinois. Bill’s with Secretary Clinton—and no doubt RECORD, as follows:

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NOVEMBER 2010 UPDATE TO THE NATIONAL DE- Specifically, the President plans to request year has been added to the FY 2012 FYNSP FENSE AUTHORIZATION ACT OF FY2010 SEC- $7.6 billion for FY 2012 (an increase of $0.6 for this purpose. TION 1251 REPORT billion over the planned FY 2012 funding W88 AF&F—The 1251 Report addressed the NEW START TREATY FRAMEWORK AND NUCLEAR level included in the FY 2011 FYNSP). Thus, intent to study, among other things, a com- FORCE STRUCTURE PLANS in two years, the level of funding for this mon warhead for the W78 and the W88 as an program requested will have increased by option for W78 life extension. Early develop- Introduction $1.2 billion, in nominal terms, over the $6.4 ment of a W88 Arming, Fuzing, and Firing This paper updates elements of the report billion level appropriated in FY 2010. Alto- system (AF&F) would enhance the evalua- that was submitted to Congress on May 13, gether, the President plans to request $41.6 tion of commonality options and enable 2010, pursuant to section 1251 of the National billion for FY 2012–2016 (an increase of $4.1 more efficient long-term sustainment of the Defense Authorization Act for Fiscal Year billion over the same period from the FY 2011 W88. Approximately $400 million has been 2010 (Public Law 111–84) (‘‘1251 Report’’). FYNSPT—). added to the FY 2012–16 FYNSP for this pur- 2. National Nuclear Security Administration Given the extremely tight budget environ- pose. and modernization of the complex—an ment facing the federal government, these Stockpile Systems and Services—NNSA is overview requests to the Congress demonstrate the now seeking to execute a larger program of From FY 2005 to FY 2010, a downward trend priority the Administration’s places on stockpile maintenance than assumed in in the budget for Weapons Activities at the maintaining the safety, security and effec- planning the FY 2011 budget and than pro- National Nuclear Security Administration tiveness of the deterrent. jected in the 1251 Report. The additional (NNSA) resulted in a loss of purchasing 3. NNSA—Program Changes and New Re- work includes an increase in the develop- power of approximately 20 percent. As part quirements since submission of the 1251 ment/production of the limited life compo- of the 2010 Nuclear Posture Review, the Ad- Report nents to support the weapons systems. Con- sequently, the Administration plans to re- ministration made a commitment to mod- A. Update to Stockpile Stewardship and quest increased funding of $40 million in FY ernize America’s nuclear arsenal and the Sustainment complex that sustains it, and to continue to 2012 for the production of neutron generators Surveillance—Surveillance activities are and gas transfer systems. NNSA and DoD are recruit and retain the best men and women essential to enabling continued certification to maintain our deterrent for as long as nu- aligned for the delivery of essential hard- of the reliability of the stockpile without nu- ware to ensure no weapon fails to meet re- clear weapons exist. To begin this effort, the clear testing. Surveillance involves with- President requested a nearly 10 percent in- quirements. drawing weapons from deployment and sub- New Experiments—NNSA’s current science crease for Weapons Activities in the FY 2011 jecting them to laboratory tests, as well as budget, and $4.4 billion in additional funds and surveillance activities have been more joint flight tests with the DoD to assess successful than originally anticipated in en- for these activities for the FY 2011 Future their reliability. These activities allow de- Years Nuclear Security Plan (FYNSP). These suring the reliability of our existing stock- tection of possible manufacturing and design pile without nuclear testing. As we continue increases were reflected in the 1251 report defects as well as material degradation over provided to Congress in May 2010. to develop modern life extension programs, time. NNSA has also received recommenda- however, NNSA and the laboratories are con- The Administration spelled out its vision tions from the National Laboratory direc- of modernization through the course of 2010. sidering even more advanced methods for tors, the DoD, the STRATCOM Strategic Ad- evaluating the best technical options for life In February, soon after the release of the visory Group, and the JASON Defense Advi- President’s budget, the Vice President gave a extension programs, including refurbish- sory Panel that the nuclear warhead/bomb ment, reuse and replacement of nuclear com- major address at the National Defense Uni- surveillance program should be expanded. versity in which he highlighted the need to ponents. One such effort of interest that In response to this broad-based advice, could aid in our efforts includes expanded invest in our nuclear work force and facili- NNSA has reviewed the stockpile surveil- ties. Several reports to Congress provided subcritical experiments designed to mod- lance program and its funding profile. From ernize warhead safety and security features the details of this plan, including: NNSA’s FY 2005 through FY 2009, funding for surveil- detailed FY 2011 budget request, submitted without adding new military capabilities or lance activities, when adjusted for inflation, pursuing explosive nuclear weapons testing. in February; the strategy details in the Nu- fell by 27 percent. In recognition of the seri- clear Posture Review (NPR) (April); the 1251 This program might include so-called ous concerns raised by chronic underfunding ‘‘scaled experiments’’ that could improve the report (May); and the multi-volume Stock- of these activities, beginning in FY 2010, the pile Stewardship and Management Plan performance of predictive capability calcula- surveillance budget has been increased by 50 tions by providing data on plutonium behav- (SSMP) (June). Over the last several months, percent, from $158 million to $239 million. In senior Administration officials have testified ior under compression by insensitive high ex- the FY 2012 budget, the President will seek plosives. In order to thoroughly understand before multiple congressional committees on to sustain this increase throughout the the modernization effort. this issue, to assess its cost-effectiveness and FYNSP. This level of funding will assure to ensure that there is a sound technical The projections in the Future Years Nu- that the required surveillance activities can clear Security Plan (FYNSP) that accom- basis for any such effort, the Administration be fully sustained over time. will conduct a review of these proposed ac- panied the FY 2011 budget submission and Weapon System Life Extension—The Ad- tivities and potential alternatives. the 1251 report by the President are, appro- ministration is committed to pursuing a priately called, ‘projections.’ They are not a fully funded Life Extension Program for the B. Updates to Modernization of the Nuclear ‘fixed in stone’ judgment of how much a nuclear weapons stockpile. The FY 2011 Weapons Complex given project or program may cost. They are budget submission and the NPR outlined ini- Modernization of the complex includes re- a snapshot in time of what we expect infla- tial plans. Since May 2010, additional work ducing deferred maintenance, constructing tion and other factors to add up to, given a has further defined the requirements to ex- replacement facilities, and disposing of sur- specific set of requirements (that are them- tend the life of the following weapon sys- plus facilities. The Administration is com- selves not fixed) over a period of several tems: mitted to fully fund the construction of the years. Budget projections, whether in the W76—The Department of Defense has final- Uranium Processing Facility (UPF) and the FYNSP and other reports, are evaluated ized its assessment of the number of W76 Chemistry and Metallurgy Research Re- each year and adjusted as necessary. warheads recommended to remain in the placement (CMRR), and to doing so in a Indeed, planning and design, as well as stockpile to carry out current guidance. The manner that does not redirect funding from budget estimates, have evolved since the number of W76–1 life-extended warheads the core mission of managing the stockpile budget for FY 2011 was developed. Notably, needing completion is larger than NNSA and sustaining the science, technology and stockpile requirements to fully implement built into its FY 2011 budget plans. NNSA, engineering foundation. To this end, in addi- the NPR and the New START Treaty have with the support of the DoD, has adjusted its tion to increased funding for CMRR and been refined, and the NNSA has begun exe- plan accordingly to ensure the W76–1 build is UPF, the FY 2012 budget will increase fund- cuting its Stockpile Stewardship and Man- completed in FY 2018, an adjustment of one ing over the FY 2012 number in the 2011 agement Plan (SSMP). This update will dis- year that is endorsed by the Nuclear Weap- FYNSP for facilities operations and mainte- cuss, in particular, evolving life extension ons Council. This adjustment will not affect nance by approximately $176 million. programs (LEP) and progress on the designs the timelines for B61 or W78 life extensions. Readiness in Technical Base and Facilities of key facilities such as the Uranium Proc- The LEP will be fully funded for the life of (RTBF): CMRR and UPF Construction— essing Facility (UPF) and the Chemistry and the program at $255 million annually. These two nuclear facilities are required to Metallurgy Research Replacement (CMRR). B61—NNSA began the study on the nuclear ensure the United States can maintain a Based on this additional work, and the de- portion of the B61 life extension in August safe, secure and effective arsenal over the velopment of new information and insights, 2010, six months later than the original plan- long-term. The NPR concluded that the the President is prepared to seek additional ning basis. To overcome this delay, NNSA United States needed to build these facili- resources for the Weapons Activities ac- will accelerate the technology maturation, ties; the Administration remains committed count, over and above the FY 2011 FYNSP, warhead development, and production engi- to their construction. for the FY 2012 budget and for the remainder neering that is necessary to retain the sched- Construction of large, one-of-a-kind facili- of the FYNSP period (FY 2013 through FY ule for the completion of the first production ties such as these presents significant chal- 2016). unit in FY 2017. An additional $10 million per lenges. Several reviews by the Government

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In response to these re- it would not yet be appropriate and possibly LANL. views, and in order to assure the best value counterproductive to pursue such mecha- RTBF: Construction Management—Be- for the taxpayers, NNSA has concluded that nisms until we reach the 90% design point. cause of the unprecedented scale of construc- reaching the 90% engineering design stage As planning for these projects proceeds, tion that NNSA is initiating, both in the nu- before establishing a project baseline for NNSA and OMB will continue to review all clear weapons complex and in non- prolifera- these facilities is critical to the successful appropriate options to achieve savings and tion activities, the Administration recog- pursuit of these capabilities. efficiencies in the construction of these fa- nizes that stronger management structures The ten-year funding plan reported in the cilities. and oversight processes will be needed to 1251 Report reflected cost estimates for these The combined difference between the low prevent cost growth and schedule slippage. two facilities that were undertaken at a very and high estimates for the UPF and CMRR NNSA will work with DoD, OMB, and other early stage of design (about 10% complete), facilities ($4.4 billion) results in a range of were preliminary, and could not therefore affected parties to analyze current processes costs beyond FY 2016 as shown in Figure 3. and to consider options for enhancements. provide the basis for valid, longer-range cost Note that for the high estimate, the facili- estimates. The designs of these two facilities ties would reach completion in FY 2023 for C. Pension Cost Growth and Alternative are now about 45% completed; the estimated CMRR and FY 2024 for UPF. For each facil- Mitigation Strategies costs of the facilities have escalated. Re- ity, functionality would be attainable by FY NNSA has a large contractor workforce sponsible stewardship of the taxpayer dollars 2020 even though completion of the total that is covered by defined-benefit pension required to fund these facilities requires projects would take longer. plans for which the U.S. Government as- close examination of requirements of all Readiness in the Technical Base of Facili- sumes liability. Portfolio management deci- types and to understand their associated ties (RTBF)—Operations and Maintenance sions, market downturns, interest rate de- costs, so that NNSA and DoD can make in- In order to implement an increased scope creases, and new statutory requirements formed decisions about these facilities. To of work for stockpile activities, especially have caused large increases in pension costs. this end, NNSA, in cooperation with the surveillance and the ongoing life extension The Administration is fully committed to DoD, is carrying out a comprehensive review programs (LEPs), the following will be sup- keeping these programs solvent without of the safety, security, environmental and ported: harming the base programs. The Administra- programmatic requirements that drive the NNSS—Full experimental facility avail- tion will therefore cover total pension reim- costs of these facilities. In parallel with, and ability to support ongoing subcritical and bursements of $875 million for all of NNSA in support of this effort, separate inde- other experiments necessary for certification for FY 2012, adding $300 million more to the pendent reviews are being conducted by the of life extension technologies. NNSA topline than the amount provided in Corps of Engineers and the DOE Chief Finan- Pantex—Funds are included in the FY 2012 FY 2011. Over the five year period FY 2012 to cial Officer’s Cost Analysis Office. In addi- request to fully cover anticipated needs for FY 2016, the Administration will provide a tion, the Secretary of Energy is convening flood prevention. total of $1.5 billion above the FY 2011 level. his own review, with support from an inde- SNL—Replacement of aging and failing About three-quarters of this funding is asso- pendent group of senior experts, to evaluate equipment at the Tonopah Test Range in Ne- ciated with Weapons Activities and is in- facility requirements. vada to facilitate the increasing pace of op- cluded in the funding totals for those pro- The overriding focus of this work is to en- erations support for the B61; and Micro-elec- grams noted above. sure that UPF and CMRR are built to tronics, engineering test, and surveillance achieve needed capabilities without incur- actions at SNL to support the B61, W76 and The Administration will conduct an inde- ring cost overruns or scheduling delays. We W78 that require additional equipment main- pendent study of these issues using the ap- expect that construction project cost base- tenance in facilities and the need to operate propriate statutory and regulatory frame- lines for each project will be established in engineering test facilities that currently op- work to inform longer-term decisions on pen- FY 2013 after 90% of the design work is com- erate in a periodic campaign mode. sion reimbursements. The Administration is pleted. At the present time, the range for the LLNL, LANL, and Y–12—Investments in in- evaluating multiple approaches to determine Total Project Cost (TPC) for CMRR is $3.7 frastructure and construction, including sup- the best path to cover pension plan contribu- billion to $5.8 billion and the TPC range for port for Site 300, PF–4, and Nuclear Facili- tions, while minimizing the impact to mis- UPF is $4.2 billion to $6.5 billion. TPC esti- ties Risk Reduction. sion. Contractors are evaluating mitigation mates include Project Engineering and De- Kansas City—Investment sufficient to strategies, such as analyzing plan changes, sign, Construction, and Other Project Costs meet LEP needs for the W76–1, B–6I, and W78/ identifying alternative funding strategies, from inception through completion. Over the 88 while preparing and completing the move and seeking increased participant contribu- FYNSP period (FY 2012–2016) the Administra- to the KCRIMS site at Botts Road. tions. Also, contractors have been directed tion will increase funding by $340 million Savannah River—Sufficient investment to to look into other human resource areas compared with the amount projected in the ensure that availability of tritium supplies where savings can be achieved, in order to FY 2011 FYNSP for the two facilities. adequate for stockpile needs is assured. help fund pension plan contributions. At this early stage in the process of esti- RTBF: Other Construction—As the CMRR 3. Summary of NNSA Stockpile and Infra- mating costs, it would not be prudent to as- and UPF projects are completed, NNSA will structure Costs sume we know all of the annual funding re- continue to modernize and refurbish the bal- quirements over the lives of the projects. ance of its physical infrastructure over the A summary of estimated costs specifically Funding requirements will be reconsidered next ten years. The FY 2012 budget request related to the Nuclear Weapons Stockpile, on an ongoing basis as the designs mature includes $67 million for the High Explosive the supporting infrastructure, and critical and as more information is known about Pressing Facility project that is ongoing at science, technology and engineering is pro- costs. While innovative funding mechanisms, Pantex, $35 million for the Nuclear Facilities vided in Table 1. TABLE 1—TEN-YEAR PROJECTIONS FOR WEAPONS STOCKPILE AND INFRASTRUCTURE COSTS

Fiscal year $ Billions 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020

Defense Programs Subtotal...... 5.2 5.7 6.1 6.5 6.9 7.1 7.3 7.5–7.6 7.7–7.9 7.9–8.2 8.0–8.4 Other Weapons...... 1.2 1.3 1.3 1.3 1.3 1.3 1.4 1.4 1.4 1.4 1.5

Subtotal, Weapons...... 6.4 7.0 7.4 7.8 8.2 8.5 8.7 8.9–9.0 9.2.9.3 9.4–9.6 9.4–9.8 Contractor Pensions Cost Growth ...... 0.2 0.2 0.2 0.2 0.2 *TBD *TBD *TBD *TBD

Total, Weapons...... 6.4 7.0 7.6 7.9 8.4 8.7 8.9 8.9–9.0 9.2–9.3 9.4–9.6 9.4–9.8 Numbers may not add due to rounding. * Anticipated costs for contractor pensions have been calculated only through FY 2016. For FY 2017–2020, uncertainties in market performance, interest rate movement, and portfolio management make prediction of actual additional pension liabilities, assets, and contribution requirements unreliable.

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 21, 2010 CONGRESSIONAL RECORD — SENATE S10863 4. Plans for Sustaining and Modernizing U.S. The Capabilities-Based Assessment (CBA) Mr. CORKER. Mr. President, the rea- Strategic Delivery Systems for the ICBM follow-on system is underway. son I want that entered into the The Administration remains committed to By late 2011, the study plan for the AoA, RECORD, over the next 10 years, what the sustainment and modernization of U.S. including the scope of options to be consid- this calls for is $86 billion—$86 billion— strategic delivery systems, to ensure con- ered, will be completed. In 2012, the AoA will begin. worth of investment throughout the tinuing deterrent capabilities in the face of seven facilities throughout our country evolving challenges and technological devel- In FY 2014, the AoA will be completed, and opments. DoD’s estimates of costs to sustain DoD will recommend a specific way-ahead on nuclear armaments and over $100 and modernize strategic delivery systems for an ICBM follow-on to the President. billion on the delivery mechanisms to will be updated as part of the President’s FY The Air Force is funding the ongoing CBA ensure that these warheads are deliver- 2012 budget request; until this budget request effort at approximately $26 million per year. able. is finalized, figures provided in the May 2010 Given the inherent uncertainties about mis- So one might say: Well, that is great, 1251 report remain the best available cost es- sile configuration and basing prior to the but how are we going to be sure? How completion of the AoA, DoD is unable to pro- timates. are we going to be sure the appropri- The following section of this report provide costs for its potential development and procurement at this time. However, DoD ex- ators actually ask for the money? vides the latest information on DoD’s efforts Mr. President, I ask unanimous con- to modernize the Triad, including expected pects to be able to include funding for sent to have printed in the RECORD a timelines for key decisions. RDT&E for an ICBM follow-on system in the FY 2013 budget request, based on initial re- letter signed on December 16 by Chair- Strategic Submarines (SSBNs) and Submarine- sults from the AoA. man INOUYE, Senators DIANNE FEIN- Launched Ballistic Missiles (SLBMs) The Air Force plans to sustain the Minute- STEIN, THAD COCHRAN, and LAMAR AL- As the NPR and the 1251 Report note, the man III through 2030. That sustainment in- EXANDER. United States will maintain continuous at- cludes substantial ongoing life extension sea deployments of SSBNs in the Atlantic There being no objection, the mate- programs, cost data for which was provided rial was ordered to be printed in the and Pacific Oceans, as well as the ability to to Congress in the May 2010 Section 1251 Re- surge additional submarines in crisis. The port. RECORD, as follows: current Ohio-class SSBNs, have had their Heavy Bombers U.S. SENATE, service life extended by a decade and will Washington, DC, December 16, 2010. DoD plans to sustain a heavy bomber leg of commence retirement in FY 2027. DoD plans THE WHITE HOUSE, a transition between the retiring Ohio-class the strategic Triad for the indefinite future, Washington, DC. SSBNs and the Ohio-class replacement that and is committed to the modernization of DEAR MR. PRESIDENT: We are writing to ex- creates no gap in the U.S. sea-based strategic the heavy bomber force. Thus, the question press our support for ratification of the New deterrent capability. being addressed in DoD’s ongoing long-range START Treaty and full funding for the mod- Current key milestones for the SSBN re- strike study is not whether to pursue a fol- ernization of our nuclear weapons arsenal, as placement program include: low-on heavy bomber, but the appropriate outlined by your updated report that was Research, development, test, and evalua- type of bomber and the timelines for devel- mandated by Section 1251 of the Defense Au- tion (RDT&E) began in FY 2010 and con- opment, production, and deployment. The thorization Act for Fiscal Year 2010. tinues with the goal of achieving 10 percent long-range strike study, which is also consid- We also ask that, in your future budget re- greater design maturity prior to starting ering related investments in electronic at- quests to Congress, you include the funding procurement than the USS VIRGINIA class tack, intelligence, surveillance and recon- identified in that report on nuclear weapons had before procurement started; naissance, air- and sea-delivered cruise mis- modernization. Should you choose to limit In FY 2015, the Navy will begin the de- siles, and prompt global strike, will be com- non-defense discretionary spending in any tailed design and advanced procurement of pleted in time to inform the President’s future budget requests to Congress, funding critical components; budget submission for FY 2012. for nuclear modernization in the National In FY 2019, the Navy will begin the seven- As stated in the May 2010 1251 Report, Nuclear Security Agency’s proposed budgets year construction period for the new SSBN pending the results of the long-range strike should be considered defense spending, as it lead ship; study, estimated costs for a follow-on bomb- is critical to national security and, there- In FY 2026, the Navy will begin the three- er for FY 2011 through FY 2015 are $1.7 billion fore, not subject to such limitations. Fur- year strategic certification period for the and estimated costs beyond FY 2015 are to- ther, we ask that an updated 1251 report be lead ship; and be-determined. DoD intends to provide any submitted with your budget request to Con- In FY 2029, the lead ship will commence ac- necessary updates to cost estimates along gress each year. tive strategic at-sea service. with the President’s budget submission for We look forward to working with you on The Analysis of Alternatives (AoA) consid- FY 2012. the ratification of the New START Treaty ered three platforms concepts for the Ohio- The Air Force plans to retain the B–52 in and modernization of the National Nuclear class Replacement: VIRGINIA-Insert, OHIO- the inventory through at least 2035 to con- Security Agency’s nuclear weapons facili- Like, and a New Design. DoD is currently tinue to meet both nuclear and conventional ties. This represents a long-term commit- evaluating the advantages and disadvantages mission requirements. The Air Force will ment by each of us, as modernization of our of each concept, including cost tradeoffs, make planned upgrades and life extensions nuclear arsenal will require a sustained ef- with the goal of meeting military require- to the fleet. The B–2 fleet is being upgraded fort. ments at an affordable cost. An initial mile- through three top priority acquisition pro- Sincerely, stone decision is expected by the end of cal- grams: the Radar Modernization Program DANIEL K. INOUYE. endar year 2010 to inform the program and (RMP), Extremely High Frequency (EHF) DIANNE FEINSTEIN. budget moving forward. Satellite Communications and Computers, THAD COCHRAN. After the initial milestone design decision and Defensive Management System (DMS), LAMAR ALEXANDER. is made, DoD will be able to provide any ad- as well as multiple smaller sustainment ini- Mr. CORKER. Mr. President, that justments to the estimated total costs for tiatives. letter says to the President that they the Ohio-class replacement program. Thus, Air Launched Cruise Missile (ALCM) will ask for the moneys necessary to today’s estimated total costs for FY 2011 DoD intends to replace the current ALCM through FY 2020 remain the same as reported modernize our nuclear arsenal; that with the advanced long range standoff they agree to ask for that money as in the 1251 Report: a total of approximately (LRSO) cruise missile. The CBA for the $29.4 billion with $11.6 billion for R&D and part of their appropriations bill. LRSO is underway. An AoA will be con- So, then, you might say: Well, what $17.8 billion for design and procurement. ducted from approximately spring 2011 As noted in the 1251 Report, the Navy plans about the President? Will the President through fall 2013. The AoA will define the to sustain the Trident II D5 missile, as car- platform requirements, provide cost-sen- actually, in his budget, ask Congress to ried on Ohio-class Fleet SSBNs as well as the sitive comparisons, validate threats, and es- ask for that money? next generation SSBN, through a least 2042 tablish measures of effectiveness, and assess Mr. President, I ask unanimous con- with a robust life-extension program. candidate systems for eventual procurement sent to have printed in the RECORD a Intercontinental Ballistic Missiles (ICBMs) and production. letter from the President of the United As stated in the Nuclear Posture Review, The Air Force has programmed approxi- States, dated December 20, addressed while a decision on an ICBM follow-on is not mately $800 million for RDT&E over the to the appropriators who just wrote the needed for several years, preparatory anal- FYDP for the development of LRSO. Based letter I mentioned, saying that he, in ysis is needed and is in fact now underway. on current analysis of the program, the Air fact, will ask for those funds in the This work will consider a range of deploy- Force expects low rate initial production of ment options, with the objective of defining LRSO to being in approximately 2025, while budget he puts forth in the next few a cost-effective approach for an ICBM follow- the current ALCM will be sustained through months. on that supports continued reductions in 2030. Until the planned AoA is completed, There being no objection, the mate- U.S. nuclear weapons while promoting stable DoD will not have a basis for accurately esti- rial was ordered to be printed in the deterrence. Key milestones include: mating subsequent costs. RECORD, as follows:

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S10864 CONGRESSIONAL RECORD — SENATE December 21, 2010 THE WHITE HOUSE, have received if it were not for the dis- each of us, the 100 of us in this body, to Washington, December 20, 2010. cussion of this treaty. decide whether we ratify this treaty. Hon. LAMAR ALEXANDER, The two are very related. I have But I think it is also at least inter- U.S. Senate, heard a lot of people say there is no esting to get input from others. Washington, DC. DEAR SENATOR ALEXANDER: Thank you for real relationship between the two. One of the things our side of the aisle your letter regarding funding for the mod- There is a lot of relationship between likes to do is we like to listen to mili- ernization of the nuclear weapons complex the two, in that I think Americans tary leaders and what they have to say and for your expression of support for ratifi- want to know if we are going to limit about issues relating to the war—Af- cation of the New START Treaty. ourselves to 1,550 warheads, that we ghanistan or Iraq—and certainly the As you know, in the Fiscal Year 2011 budg- know they operate, we know they can issue of how we enter into nuclear trea- et, I requested a nearly 10 percent increase in be delivered, and we know the thou- ties with other countries. the budget for weapons activities at the Na- tional Nuclear Security Administration sands of warheads we have that are not I will ask to have printed in the (NNSA). In May, in the report required by deployed are warheads that will be RECORD a letter to Senator KERRY from Section 1251 of the National Defense Author- kept up. the Joint Chiefs of Staff talking about ization Act for Fiscal Year 2010, I laid out a We have talked a lot about missile their firm commitment for the START 10 year, $80 billion spending plan for NNSA. defense, and I just wish to say I have treaty on the basis that it increases The Administration submitted an update to been through every word of this treaty, our national security. that report last month, and we now project I have been through every word of the I ask unanimous consent to have over $85 billion in spending over the next annexes, I have been through every printed in the RECORD this letter dated decade. I recognize that nuclear modernization re- word of the protocols and I have been December 20 from ADM Mike Mullen, quires investment for the long-term, in addi- in countless briefings and there is Chairman of our Joint Chiefs. tion to this one-year budget increase. That is nothing in this treaty that limits our There being no objection, the mate- my commitment to the Congress—that my missile defense other than the fact that rial was ordered to be printed in the Administration will pursue these programs we cannot convert ICBM launchers RECORD, as follows: and capabilities for as long as I am Presi- that we use on the offense for missile CHAIRMAN OF THE dent. defense—something our military lead- JOINT CHIEFS OF STAFF, In future years, we will provide annual up- ers do not want to do. That is the most Washington, DC, December 20, 2010. dates to the 1251 report. If a decision is made Hon. JOHN F. KERRY, to limit non-defense discretionary spending expensive way of creating a missile de- Chairman, Committee on Foreign Relations, in any future budget requests, funding for fense system. That is something they U.S. Senate, Washington, DC. nuclear modernization in the NNSA weapons do not want to do. MR. CHAIRMAN, Thank you for your letter activities account will be considered on the So a lot of discussions have been of 20 December asking me to reiterate the same basis as defense spending. brought up because in the preamble positions of the Joint Chiefs of Staff on rati- In closing, I thought it important for you something was stated that was non- fication of the New START Treaty and sev- to know that over the last two days, my Ad- binding. How do we clear that up? We eral related questions. ministration has worked closely with offi- clear that up by virtue of a letter the This treaty has the full support of your cials from the Russian Federation to address uniformed military, and we all support rati- our concerns regarding North Korea. Because President has sent to us absolutely fication. Throughout its negotiation, Secre- of important cooperation like this, I con- committing to the missile defense sys- taries Clinton and Gates ensured that profes- tinue to hope that the Senate will approve tem that is now being deployed in Eu- sional military perspectives were thoroughly the New START Treaty before the 111th Con- rope, absolutely committing to a na- considered. During the development of the gress ends. tional defense system. People might treaty, I was personally involved, to include Sincerely, say: Well, but that is no commitment. two face-to-face negotiating sessions and BARACK OBAMA. I have reasonable assurance that by several conversations with my counterpart, Mr. CORKER. Mr. President, there the time this debate ends we will cod- the Chief of the Russian General Staff, Gen has been a lot of discussion about ify, as part of the resolution of ratifica- Makarov, regarding key aspects of the trea- many things—and I will get to missile tion, the operative words in the Presi- ty. defense in just one moment—but I dent’s language committing to all four The Joint Chiefs and I—as well as the Com- don’t think there is anything, as it re- phases of our adaptive missile system mander, U.S. Strategic Command—believe lates to nuclear issues, that threatens in Europe, committing to those things the treaty achieves important and necessary our national security more than our balance between four critical aims. It allows we need to do as relates to our national us to retain a strong and flexible American not investing in the arsenal we have. I defense system and making that a part nuclear deterrent that will allow us to main- think what we see is a commitment by of the resolution of ratification. tain stability at lower levels of deployed nu- appropriators on the Senate side, the I would say to you that I doubt very clear forces. It helps strengthen openness President of the United States, those seriously we would have received the and transparency in our relationship with within the NNSA and our military types of commitments, the strident Russia. It will strengthen the U.S. leadership complex who believe modernization has commitments from the President as re- role in reducing the proliferation of nuclear to occur. lates to missile defense today, if we weapons. And it demonstrates our national Candidly, the only thing today that commitment to reducing the worldwide risk were not debating this treaty. of a nuclear incident resulting from pro- would keep us from actually doing Mr. President, I ask unanimous con- liferation. modernization the way it needs to be sent that Senator LAMAR ALEXANDER More than a year has passed since the last done would be Republican appropri- be added as a cosponsor to my amend- START inspector left Russian soil, and even ators. So I just wish to say to my ment, amendment No. 4904, dealing if the treaty were ratified by the Senate in friends on this side of the aisle, it with ensuring the President’s language the next few days, months would pass before seems to me, through Senator KYL’s ef- becomes a part of this resolution of inspectors could return. Without the inspec- forts and the efforts of people working ratification. tions that would resume 60 days after entry in a cooperative way, we have been The PRESIDING OFFICER. Without into force of the treaty, our understanding of Russia’s nuclear posture will continue to very successful in getting the commit- objection, it is so ordered. erode. An extended delay in ratification may ments we need on modernization. Mr. CORKER. Mr. President, let me eventually force an inordinate and unwise By the way, I would add, I do not conclude by saying it is obviously up to shift of scarce resources from other high pri- think we would be talking about the us, as Senators. We are the ones who ority requirements to maintain adequate issue of modernization today—some- have the right and the responsibility awareness of Russian nuclear forces. Indeed, thing that hasn’t been done for many and the privilege to take up the types new features of the treaty’s inspection pro- years to this scale—if it were not for of matters we are taking up today. It is tocol will provide increased transparency for discussions of the START treaty. So I up to us to do the due diligence, to both parties and therefore contribute to say to the Chair, I think we have en- have the intelligence briefings, to look greater trust and stability. The Joint Chiefs and I are confident that hanced our country’s national security at our nuclear posture reviews, to look the treaty does not in any way constrain our just by having this debate, and I would at what this treaty itself says, and to ability to pursue robust missile defenses. We say we have sought and received com- look at what our force structure is. are equally confident that the European mitments that otherwise we would not That is our responsibility. It is up to Phased Adaptive Approach to missile defense

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 21, 2010 CONGRESSIONAL RECORD — SENATE S10865 will adequately protect our European allies Cartwright, General Schwartz, General sands more that are not deployed—that and deployed forces, offering the best near- Casey, Admiral Roughead—every single we, in fact, can assure the American and long-term approaches to ballistic missile one of these gentlemen was appointed people that they will operate, that defense in Europe. We support application of by a Republican President. In addition they are actually there for our na- appropriately modified Phased Adaptive Ap- proaches in other key regions, as outlined in to them, we have General Amos. My tional security. the Ballistic Missile Defense Review Report. sense is, based on some of the com- The question for me and for all of us I can also assure you that U.S. senior mili- ments he has made over the course of who care so deeply about our country’s tary leaders monitored very closely all pro- time, he would have Republican national security is, Will we say yes to visions related to conventional prompt glob- leanings. But all of these people have yes? I firmly believe that signing this al strike (CPGS) throughout the negotiation firmly stated their support for this treaty, that ratifying this treaty, and process. During that process, the Russian treaty. that all the things we have done over Federation publicly declared on several occasions that there should be a ban on place- In closing, I will also ask unanimous the course of time as a result of this ment of conventional warheads on strategic consent that the statement of Robert treaty are in our country’s national in- delivery systems. In the end, we agreed that Gates, again appointed by a Republican terest, and I am here today to state my any reentry vehicle (nuclear or non-nuclear- President, head of our Defense Depart- full support for this treaty. I look for- armed) contained on an existing type of ment, where yesterday he said: ward to its ratification, and I hope ICBM or SLBM would be counted under the The treaty will enhance the strategic sta- many others will join me in that proc- central limits of the treaty. Importantly, the bility at lower numbers of nuclear weapons, ess. New START Treaty allows the United States provide a rigorous inspection regime includ- I yield the floor. not only to deploy CPGS systems but also to ing on-sight access to Russian missile silos, continue any and all research, development, Mr. UDALL of Colorado. Mr. Presi- strengthen our leadership role in stopping dent, before I begin the focus of my re- testing, and evaluation of such concepts and the proliferation of nuclear weapons, and systems. It is true that intercontinental bal- provide the necessary flexibility to structure marks and the reason I came to the listic missiles with a traditional trajectory our strategic nuclear forces to best meet the floor, I wish to commend the Senator would be accountable under the treaty, but national security interests. from Tennessee for his thoughtful re- the treaty’s limits accommodate any plans This treaty stands on its merits and its marks and what I think is a thoughtful the United States might pursue during the prompt ratification will strengthen U.S. na- and important position he is taking on life of the treaty to deploy conventional war- tional security. the START treaty. I listened with heads on ballistic missiles. Further, the United States made clear dur- I ask unanimous consent that this be great interest, and I learned additional ing the New START negotiations that we printed in the RECORD. information about the importance of would not consider non-nuclear, long-range There being no objection, the mate- putting this treaty in effect. I also ac- systems, which do not otherwise meet the rial was ordered to be printed in the knowledge the Senator’s concerns definitions of the New START Treaty (such RECORD, as follows: about missile defense, about tactical as boost-glide systems that do not fly a bal- [From the U.S. Department of Defense, News nuclear weapons, and the other con- listic trajectory), to be accountable under Release, Dec. 21, 2010] cerns that have been raised in this very the treaty. Finally, I am comfortable that the Admin- STATEMENT BY SECRETARY ROBERT GATES ON important and obviously historic de- istration remains committed to sustainment THE NEW START TREATY bate on the floor of the Senate. I thank and modernization of the nuclear triad and I strongly support the Senate voting to the Senator from Tennessee for his has outlined its plans to do so in the so- give its advice and consent to ratification of leadership. the New START Treaty this week. called Section 1251 report to Congress, as TRIBUTES TO RETIRING SENATORS well as a recent update to that report and a The treaty will enhance strategic stability ARLEN SPECTER letter from Secretary of Defense Gates to at lower numbers of nuclear weapons, pro- Senator Lugar dated 10 December. Plans for vide a rigorous inspection regime including I also wanted to associate myself sustainment and replacement of current on-site access to Russian missile silos, with the remarks of Senator BENNET, ICBMs, ballistic missile submarines, heavy strengthen our leadership role in stopping the Senator from Colorado, in regard bombers, and air launched cruise missiles are the proliferation of nuclear weapons, and to Senator SPECTER’s farewell address in various stages of development, in a proc- provide the necessary flexibility to structure to the Senate. In particular, I think ess that will be implemented over the next our strategic nuclear forces to best meet national security interests. Senator SPECTER laid out a thoughtful three decades and across multiple adminis- and comprehensive way we can change trations. This treaty stands on its merits, and its The Administration’s proposed ten-year, prompt ratification will strengthen U.S. na- the Senate rules in the upcoming 112th $85B commitment to the U.S. nuclear enter- tional security. Congress in ways that respect the prise attests to the importance being placed Mr. CORKER. There has been a lot of rights of the minority but also provide on nuclear deterrence and the investments discussion about the role of the Senate the Senate with some additional ways required to sustain it—especially given the in this ratification. There are a lot of to do the people’s business. country’s present fiscal challenges. The in- things that go into the ratification of a I know the Presiding Officer spent creased funding commitment, if authorized significant time on finding a way for- and appropriated, allows the United States treaty. I have laid out a number of to improve the safety, security, and effec- things we have discussed that are rel- ward for the Senate. I look forward to tiveness of our nuclear weapons and develop evant to the ratification of this treaty. the debate that will begin when we the responsive nuclear weapons infrastruc- As we move through a process such convene in just a couple of weeks for ture necessary to support our deterrent. I as this, I try to make sure all of the t’s the 112th Congress. also fully support a balanced Department of are crossed and i’s are dotted that can NOMINATION OF WILLIAM MARTINEZ Energy program that sustains the science, possibly be crossed and dotted to en- Let me turn to the reason I came to technology, and engineering base. In summary, I continue to believe that sure that I, as a U.S. Senator, feel com- the floor initially, and that is to urge ratification of the New START Treaty is fortable that the type of agreement we my colleagues to support an out- vital to U.S. national security. Through the are entering into is one that is in the standing nominee to the Federal bench, trust it engenders, the cuts it requires, and best interests of our country. I have Mr. William Martinez. Bill’s story is an the flexibility it preserves, this treaty en- done that over the last year working inspirational one, and I will share that hances our ability to do that which we in the on nuclear modernization. Again, my with you in a moment, but I wanted to military have been charged to do: protect hat is off to Senator KYL and his great first talk about why there is such an and defend the citizens of the United States. I am as confident in its success as I am in its leadership in that regard. I have done urgency to confirm this fine nominee. safeguards. The sooner it is ratified, the bet- that over the course of this last year as The situation in our Colorado Dis- ter. we have looked at missile defense. We trict Court is dire, and I don’t use that Sincerely, spent incredible amounts of time in our word lightly. There are currently five M.G. MULLEN, committee making sure people on my judges on the court and two vacancies, Admiral, U.S. Navy. side of the aisle had tremendous input both of which are rated as judicial Mr. CORKER. Mr. President, I would into the resolution of ratification. We emergencies by the Administrative Of- like to point out, too, just for clarifica- have worked through to make sure fices of the U.S. Courts. These five tion, if you look at the makeup of our that if we are going to have fewer war- judges have been handling the work of Joint Chiefs—Admiral Mullen, General heads deployed—again, we have thou- seven judges for nearly 2 years. It has

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S10866 CONGRESSIONAL RECORD — SENATE December 21, 2010 been over 3 years since our court had a judgeship. The President agreed and the needs of our citizens. Bill Martinez full roster of judges. then subsequently nominated Bill for will bring that sense of balance because I know the Presiding Officer is famil- the vacant judgeship I mentioned. of his broad legal background, profes- iar with the need for a fully stocked There is no doubt that being nomi- sionalism, and his outstanding intel- Federal bench as a former attorney nated for a Federal judgeship is a pres- lect. I am proud to have recommended general. tigious honor, but since being nomi- Bill, and I am certain that once con- There is even more to the story. In nated, Senate delays have not only affirmed he will make an outstanding 2008, based on the significant caseload fected Bill and his family, but those judge. in Colorado, the Judicial Conference of delays have sent a discouraging mes- Before I conclude, I did want to give the United States recommended the sage to future nominees. Despite these special acknowledgment to my general creation of an eighth judgeship on the disruptions the process has caused for counsel, Alex Harman, who has worked Colorado District Court. Bill and the dangerous precedent his night and day on this nomination. Alex This is a pressing situation, but I delay may have set, I am relieved that has worked tirelessly to see that Bill know it is not unique just to Colorado. the Senate is finally giving this quali- Martinez receives the vote he deserves, Of the 100 current judicial vacancies, 46 fied candidate the confirmation vote he and I want to acknowledge him here on are considered judicial emergencies— deserves today. the floor of the Senate. almost half of those vacancies. I under- I have spoken about his impressive I ask my colleagues to give their full stand the Senate has confirmed just 53 intellect and experience on the floor support to this extraordinary can- Federal circuit and district court before, but in advance of my vote, I didate and vote to confirm his nomina- nominees since President Obama was would like my colleagues to hear one tion to the Colorado District Court as elected, including the judges over the more time why Bill Martinez was se- a new Federal judge. last weekend. This is half as many as lected by the bipartisan advisory com- I yield the floor. were confirmed in the first 2 years of mittee for this judgeship. The PRESIDING OFFICER. The Sen- the Bush administration and rep- In addition to being an accomplished ator from Ohio is recognized. resents a historic low, which, no mat- attorney and a true role model in our Mr. BROWN of Ohio. Mr. President, I ter who is to blame, is very detri- community in Colorado, he has a per- appreciate the words from the senior mental to our system of justice. sonal story that captures what is great Senator from Colorado. His comments Bill Martinez was nominated in Feb- about America and highlights what can about the delays in the judicial process ruary of this year, had a hearing in be accomplished with focus, discipline, here, the selection of Federal judges, March, and was referred favorably by and extraordinary hard work. the nomination and confirmation, are the Judiciary Committee to the full Bill was born in Mexico City, and he identical to the situation for so many Senate in April. So today his nomina- immigrated lawfully to the United of the rest of us. Very qualified people tion has been sitting on the Senate’s States as a child. He worked his way are put forward. At times, the White Executive Calendar for over 8 months. through school and college and toward House, perhaps, didn’t move as fast as I am not going to complain about a career in law, becoming the first we would like. But the delays on these partisan delays, although I know this member of his family to attend college. judges is pretty outrageous. continues to plague the Senate. In- He received undergraduate degrees in NOMINATION OF BENITA PEARSON stead, in hope that we might improve environmental engineering and polit- Judge Pearson, who sits as a U.S. the nomination process, I want my col- ical science from the University of Illi- magistrate in the Northern District leagues to hear the real effect of im- nois and earned his law degree from the Court in Ohio, didn’t have the same posing these delays on nominees. University of Chicago. disruption in her life as soon-to-be, I The people of Colorado deserve well- As a lawyer, Bill has become an ex- hope, Justice Martinez had, having a qualified justices, but what the Senate pert in employment and civil rights law practice to put aside and having to put Bill Martinez through should make law. He first began his legal career in wrap it up and figure out all that, but each of us question where our priorities Illinois, where he practiced with the she has waited since February when are—and I say that because, unlike Legal Assistance Foundation of Chi- Senator LEAHY and his Judiciary Com- other judicial nominees before the Sen- cago, litigating several law reform and mittee voted her out, had a wait of 9 ate, Bill Martinez’ life has been turned class action cases on behalf of indigent months, almost 10 months, until we are upside down because of this delay in and working-class clients. For the last about ready to confirm. his confirmation. While many other 14 years, he has been in private prac- I speak perhaps in criticism of the nominees—and I don’t begrudge them tice and previously served as a regional other party but, more importantly, this—continued their judicial careers attorney for the U.S. Equal Employ- how do we fix this so people are not because they were sitting on the bench, ment Opportunity Commission in Den- dissuaded, discouraged from wanting to he has essentially had to dismantle his ver. fill these very important jobs? law practice to avoid Federal conflicts As you can imagine, over the years When I interview potential judicial and even limit taking clients to ensure Bill has been a very active member of candidates, I always ask them: Are you they continue to receive representation the Denver legal community. During willing to put your life on hold for at once he is confirmed. Both his life and the 1990s, he was an adjunct professor least a year before you can actually be his livelihood have been put on hold of law at the University of Denver Col- confirmed and sworn in, if it gets to just because he was willing to become lege of Law and has been a mentor to that? a dedicated public servant. If we con- minority law students. He is currently All are surprised, some are shocked, tinue this record or this habit of need- vice chair of the Committee on Con- and some walk away and say: Find lessly delaying judicial nominations, duct for the U.S. District Court for the somebody else. That is going to start we risk chasing off qualified nominees District of Colorado, and he has been a happening. So I thank the Senator such as Bill Martinez. board member and officer of the fac- from Colorado and his comments. His long and winding road began last ulty of Federal Advocates. I rise in support of another very year when Senator BENNET and I con- Bill also sits on the board of direc- strong candidate for a Federal judge- vened a bipartisan advisory committee, tors of the Colorado Hispanic Bar Asso- ship, the nomination of Magistrate chaired by prominent legal experts in ciation, where he serves as the chair of Judge Benita Pearson to become a Colorado, to help us identify the most the bar association’s Ethics Com- judge in the U.S. District Court in the qualified candidates for the Federal mittee. More recently, he was ap- Northern District of Ohio. bench. The committee interviewed pointed by the Colorado Bar Associa- Magistrate Pearson will make an ex- many impressive individuals, and then, tion to the board of directors of Colo- cellent addition to the bench. That is based on his life experience, his record rado Legal Services and by the chief not just my opinion. She has tremen- of legal service, and his impressive justice of the Colorado Supreme Court dous support from the judges with abilities, both Republicans and Demo- to the Judicial Ethics Advisory Board. whom she serves today and whose crats on this panel together rec- Like all of us, I believe in a strong, ranks she will soon join. She knows ommended Bill Martinez for a Federal well-balanced court system that serves them from her work, obviously, as a

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 21, 2010 CONGRESSIONAL RECORD — SENATE S10867 magistrate. Judge James Carr, the ican U.S. attorney in Columbus, and a Judge Pearson’s background as a chief U.S. district judge at the time of very qualified U.S. attorney in Cleve- prosecutor, as a private attorney, as a her nomination, lauded Judge Pearson land. CPA, and as a Federal magistrate as ‘‘a splendid choice . . . eminently So that is the process we have in make her uniquely qualified to serve as well-qualified by intelligence, experi- Ohio to make sure we get the best U.S. district judge. Members of the law ence . . . and judicial temperament.’’ qualified people. As I said, they put in enforcement and legal community Judge Carr’s successor, Solomon Oli- a tremendous amount of time and en- throughout northern Ohio have at- ver, who now is the chief U.S. district ergy, and I wish to thank those 17 tested to Judge Pearson’s ability and judge, is just as supportive of her nomi- members of each of those Commissions, impartiality. As a magistrate and pros- nation. the 34 people who served again from ecutor, she, of course, as I said, is sup- Support for that nomination extends both parties, prominent jurists and ported by our State’s senior Senator, throughout the State. The other day lawyers and community activists, to Republican GEORGE VOINOVICH. First when I gave a few remarks in the wake come up with Judge Pearson and oth- assistant U.S. attorney, David of Senator VOINOVICH’s farewell ad- ers. Sierlega, for example, called Judge dress, I neglected to mention how Judge Pearson currently resides in Pearson ‘‘an extremely hardworking much I appreciated Senator Akron but was born in Cleveland. I got bright lawyer’’ with an exemplary VOINOVICH’s cooperation in the process a chance to meet her mother and many track record in handling public corrup- of selecting candidates for nomination of her family and friends almost 1 year tion cases. to the Federal bench. ago when she testified before the Judi- When asked to describe the ‘‘most Senator VOINOVICH and I did some- ciary Committee. They were under- significant legal activities’’ she has thing, and I do not know if any other standably proud of her, her achieve- been engaged in, Judge Pearson re- Senator in this body does this, any ments, and the honor of her nomina- plied: ‘‘My most significant legal activ- other pair of Senators—I do know notion, certainly, but I got the sense they ity has been my steadfast commitment body in Ohio has done this—I asked were most proud of her as a daughter, to administering equal justice for all Senator VOINOVICH, as the Senator as a sister, as a family member. No- . . . the poor and the rich, the likable from the President’s party—and, gen- body knows us better than our family. and unlikable . . . the first-time of- erally, by tradition, the Senator who Judge Pearson earned her J.D. from fender and the repeat offender.’’ suggests nominees to the President—I Cleveland State University, her bach- At the end of the day, it is this dem- asked Senator VOINOVICH to be part of elor’s degree from Georgetown. Before onstrated commitment to equal jus- the selection system with me. We chose law school, she spent several years as a tice, delivered after thorough consider- 17 people. We chose 17 people from certified public accountant. I asked her ation and fidelity to the law, that dis- northern Ohio to interview Southern how being a CPA would help her in the tinguishes Judge Pearson as an invalu- District of Ohio potential judges, and judiciary as a judge. She said you can able asset to Ohio’s judicial system. 17 people in southern Ohio—central and tell stories with numbers. She smiled I urge my colleagues, this afternoon, southern Ohio—to interview prospec- when she said it. She, clearly, had kind to quickly confirm her in her new positive judges for the Northern District. of thought through what this means to tion as U.S. district judge for the These panels, one of them was a Re- be a Federal judge and what qualifica- Northern District of Ohio. publican majority, the other was a tions she brings. Throughout her ca- I would close with thanking two peo- democratic majority, I believe, by one reer, Judge Pearson has litigated and ple on my staff who have gone above vote. These panels met, took this job presided over a range of criminal and and beyond the call of duty: Mark very seriously. Each of the 17 people civil matters, including housing, public Powden, my chief of staff, who has, al- was given the name of a candidate, one corruption cases. In addition to her most weekly, spoken with Judge Pear- of the people who was applying to work as a magistrate judge since 2008, son, talking about the delays and what interview, references and all that. Each her legal experience includes serving as is going to get this back on track and candidate got an hour in front of the an adjunct professor at Cleveland how are we going to get her confirmed. 17-member committee, this Commis- State’s law school, 8 years as an assist- I appreciate the work Mark Powden sion we appointed, and were subjected, ant U.S. attorney in Cleveland, the has done. And Patrick Jackson in her after filling out a very lengthy ques- Northern District, and several years in office, who, while all this was going on, tionnaire designed, again, bipartisanly private practice. was getting married. He got married by my predecessor, Republican Senator If confirmed, Judge Pearson will be- earlier this month, and he was doing DeWine, in large part, to, after filling come the first African-American that at the same time as we were doing out this questionnaire, testifying, woman to serve as a Federal judge in all this. I am grateful to both of them. spending an hour in front of this panel Ohio. She will also be the only U.S. dis- I thank my colleagues. of 17 very distinguished judges, some trict judge in the Youngstown court- I yield the floor and suggest the ab- who are lawyers, some, I believe, house, which, because of delays here, sence of a quorum. former judges, all people who were very for no apparent reason, has lacked a The PRESIDING OFFICER. The interested in the Federal judiciary. judge since this past summer. clerk will call the roll. Anybody who came out of that had to Last year, at the Akron Bar Associa- The legislative clerk proceeded to have a strong supermajority rection’s annual Bench-Bar luncheon, she call the roll. ommendation from the 17. I then inter- urged attorneys to improve in two Mr. SHELBY. Mr. President, I ask viewed the top three, made the selec- ways: to be better prepared to litigate unanimous consent that the order for tion, cleared it with Senator their cases and to be more civil to one the quorum call be rescinded. VOINOVICH, and brought the name for- another. Good advice to this body and The PRESIDING OFFICER. Without ward. for all of us, I suppose, in our daily objection, it is so ordered. That produced Judge Timothy Black, lives. LITTORAL COMBAT SHIP who has been confirmed, sits in the Judge Pearson’s community service Mr. SHELBY. Mr. President, I rise Southern District. It also produced includes more than a decade of ongoing today in support of the Navy’s acquisi- Judge Benita Pearson. A similar selec- work as a board member of Eliza Bry- tion strategy to purchase 20 littoral tion committee, not identical but a ant Village. Eliza Bryant Village is a combat ships, LCS. similar selection committee, enabled multifacility campus, providing serv- The Navy’s plan would allow 20 lit- me, helped me come to the conclusion ices for impoverished elderly citizens. toral combat ships to be awarded to to reappoint a Bush appointee to the It was founded and named after the two shipyards: Austal, which will build U.S. marshal’s job in Cleveland, Pete daughter of a freed slave. 10 ships in Mobile, AL, and Lockheed Elliott, to appoint the first—to send to The facility began simply as a nurs- Martin, which will build 10 ships in the President, nominate, and confirm ing facility built to serve Eliza’s moth- Wisconsin. the first female U.S. marshal in the er and other African Americans who Under the new procurement strategy, Southern District of Ohio, Cathy had been turned away from nursing our sailors will receive the ships they Jones, and then the first African-Amer- homes simply because of their race. need to operate in shallow waters and

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Mr. President, I ask unan- to my friend from Alabama, my friend cluded in the continuing resolution, imous consent that at 2 p.m. today, all from Alabama and I do not always brings significant advantages to the postcloture time be considered expired agree on the substantive issues, but LCS program. and that the second-degree amendment there is no one more of a gentleman Our Navy will receive this capability be withdrawn; that no further amend- and easier to work with than the Sen- faster, bring assets into operational ments or motions be in order; that the ator from Alabama, Mr. SESSIONS. service earlier, and will assist the Navy Senate then proceed to vote on the The PRESIDING OFFICER. The Sen- in reaching a 313-ship Navy sooner. Reid motion to concur in the House ator from Alabama. The LCS strategy will stabilize the amendment to the Senate amendment NOMINATION OF WILLIAM MARTINEZ program and the industrial base with to H.R. 3082 with amendment No. 4885; Mr. SESSIONS. Mr. President, I rise an initial award of 20 ships. This will that upon disposition of the House to speak on the President’s nomination sustain competition throughout the message, the Senate proceed to execu- of Mr. William Martinez to the United life of the program. tive session to consider Executive Cal- States District Court for Colorado. I It is critical to ensure that the capa- endar Nos. 703 and 813; that all time will oppose the nomination, and I have bilities of our naval fleet are the very under the order governing consider- several reasons for doing so. He has a best and that our Armed Forces receive ation of the nominations be yielded lot of good friends and people who re- the equipment they need in executing back, except for 8 minutes to be di- spect him and like him, but we are try- future operations. vided 4 minutes on each nomination, ing to make a decision about a lifetime However, as the foundation of our equally divided and controlled between appointment to the federal district ability to project force globally for the Senators LEAHY and SESSIONS or their court. There are some concerns with next half century, we must obtain the designees; that upon the use or yield- this nomination that are serious and, best platform for the taxpayer investing back of all time with respect to the in particular, trends of the President ment. two nominations, the Senate then pro- to nominate individuals with judicial The LCS dual award does both. ceed to vote on confirmation of the philosophies outside the mainstream. The dual procurement of the LCS nominations in the order listed; that There is one reason in particular that will bring tremendous cost savings to upon disposition of the nominations, concerns me about Mr. Martinez. It is the program that would not have been the other provisions of the order re- his longtime affiliation with the Amer- realized had the Navy moved forward main in effect, except that the Senate ican Civil Liberties Union and the with a down select of designs. remain in executive session and there questions we asked him about that According to the Navy, the acquisi- then be 4 minutes of debate, equally di- were answered insufficiently for me. tion savings for a dual award is provided and controlled between the lead- We have had a number of ACLU nomi- jected to be $2.9 billion as measured ers or their designees, prior to the vote nations. I have supported some and op- against the President’s fiscal year 2011 on the motion to invoke cloture on the posed others. The ACLU is a very left- request. Of these savings, approxi- New START treaty; that upon the use wing organization. It seeks openly to mately $1 billion is directly attrib- of the time, the Senate then proceed to defy the will of the American people in utable to the dual award. vote on the motion to invoke cloture many lawsuits while at the same time Acquisition decisions made in the on the treaty; that after the first vote they endeavor to undermine and oppose near term will affect fleet effectiveness in this sequence, the second and third traditions and institutions that make and operating costs for decades to votes be limited to 10 minutes each. up the very fabric of our culture, our come. The PRESIDING OFFICER. Is there national identity, and who we are as a This is the best outcome for all in- objection? people, assuming those things are involved. The Navy will be able to obtain Without objection, it is so ordered. significant and only pure philosophical the best solution for the taxpayer in- Mr. REID. Mr. President, I ask unan- approaches, as they have, of an ex- vestment. imous consent that Members have treme nature should guide our Nation. I urge my colleagues to support the until 1:30 p.m. today to file any ger- Mr. Martinez has been a member of dual acquisition strategy included mane second-degree amendments to the ACLU in Colorado for nearly a dec- within the continuing resolution. the New START treaty. ade, and since 2006 served on its legal I yield the floor and suggest the ab- The PRESIDING OFFICER. Is there panel. In this role he reviews memo- sence of a quorum. objection? randum prepared by ACLU staff and at- The PRESIDING OFFICER. The Without objection, it is so ordered. torneys and decides whether to pursue clerk will call the roll. Mr. REID. Mr. President, I further litigation, a very significant post in The legislative clerk proceeded to ask unanimous consent that following that organization. Of course that is not call the roll. Senator SESSIONS, Senator HARKIN disqualifying. One can be a member of Mr. SESSIONS. I ask unanimous con- then be recognized, to be followed by an organization, even though some of sent that the order for the quorum call Senator VOINOVICH for up to 20 min- us might not like it or agree with the be rescinded. utes. organization. But any nominee from a The PRESIDING OFFICER. Without I say to my friend from Iowa, how conservative organization who takes objection, it is so ordered. much time—15 minutes. extreme positions would certainly have The PRESIDING OFFICER. The Sen- Does that give us enough time to do to answer those positions and justify ator from Alabama. all that? It appears it does. So Senator why they might take them. Likewise it Mr. REID addressed the Chair. HARKIN would be recognized for 15 min- is fair and appropriate to ask questions The PRESIDING OFFICER. The ma- utes and then Senator VOINOVICH for 20 about this nominee and about this or- jority leader. minutes. ganization and whether the nominee Mr. REID. Mr. President, through the The PRESIDING OFFICER. Is there agrees with them or why, if they don’t Chair to my friend from Alabama, objection? agree, they are a member. would it be agreeable to the Senator Without objection, it is so ordered. A lot of people say they didn’t agree that I do a UC request so we can find The Senator from Alabama. with this position or that position. I out what we are going to do? Mr. SESSIONS. Mr. President, I was was left asking: Why are you a mem- Mr. SESSIONS. Mr. President, I pleased to yield to the majority leader ber? It is on their Web site. would be pleased to yield to the major- and just observe that although we do When asked about some of the posi- ity leader for that. And if I could ask fuss a lot around here, many things are tions on important issues, he failed to

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In- as to the intent and motivations of the ator. stead he noted that the Supreme Court parties appearing before the court.’’ I would hope all nominees would has held the death penalty constitu- Empathy, to me, is far too much like share this view rather than the ACLU’s tional, adding: politics, far too much like something position on the subject. Although What my view would be as a sitting Fed- other than law. It is certainly not law. many view the ACLU as a neutral de- eral district judge is something that would When a nominee such as Mr. Mar- fender of the Bill of Rights, the ACLU be quite different from my views as a per- tinez, who has dedicated so much time takes a very selective view of the sonal citizen or an advocate or a litigant and and legal expertise to the ACLU, re- rights it advocates. member of the ACLU. fuses to answer basic questions about That is just a fact. Otherwise, if they I asked him whether he personally these issues, it is fair and appropriate were defending the Constitution and thinks the death penalty violates the to conclude that perhaps he agrees what it says plainly, they would defend Constitution and whether he had ever with the other positions of the ACLU. I the constitutionality of the death pen- expressed that view. He again failed to have done a little checking on that. alty. It should not take them 2 seconds answer, stating only that he had never What is this organization of which he to figure that out. They have an agen- expressed any view. is a member? Some people like the po- da. So I put the question to him again, sition they take on this issue or that As it explains on its Web site, the and again he did not answer. issue. But what overall are some of the ACLU openly disagreed with the Su- Let me stop and say why I think this policy and legal positions taken by the preme Court’s landmark ruling in the is a very important issue. The Con- ACLU? Over the last several decades it Heller case—the right to keep and bear stitution was passed as a unified docu- has taken positions far to the left of arms—in Washington because the ment with 10 amendments. The Amer- mainstream America and the ideals ACLU does not believe the second ican people ratified it. Some people, in and values the majority of Americans amendment confers an individual right recent years, have come up with the in- hold dear. Roger Baldwin, the ACLU’s to keep and bear arms. Well, OK. So genious idea that they could disqualify founder, was openly vocal about his the lawyers might disagree on that. and eliminate the death penalty with- support and belief in ‘‘socialism, disar- But if this institution, this ACLU, is so out a vote of the people, without the mament, and ultimately for abolishing committed to constitutional rights and popular will to change laws that exist the State itself as an instrument of vi- opposes the power of the State, why all over the country. They decided they olence and compulsion.’’ could change it by finding something He was quoted as saying: would they not read the plain words of in the Constitution that would say the I seek social ownership of property, the the second amendment: The right to death penalty is wrong, and they abolition of the profited class and sole con- keep and bear arms shall not be in- reached out to the provision that says trol by those who produce wealth. Com- fringed. Why wouldn’t they defend that you should not have cruel and unusual munism is the goal. individual right of free Americans to punishment. They said the death pen- Mr. Baldwin’s influence and impact be armed and oppose the power of the alty is cruel and unusual and is uncon- on the ACLU could not be overstated. State to take away what has histori- stitutional, which is not sound. Let me As former ACLU counsel Arthur Hays cally been an American right? I think be respectful. says: it represents and reveals a political Why is that not a sound policy? The American Civil Liberties Union is agenda as part of this organization. There are multiple references in the Roger Baldwin. It also has a selective view of what Constitution to a death penalty. It As I mentioned earlier, the ACLU op- exactly is protected by the first amend- talks about capital crimes, taking life poses the death penalty under any cir- ment. It has done some good work on without due process. it is in the Con- cumstances, even for child rapists. the first amendment, the ACLU has, stitution. How could one say, when They filed a brief recently in Kennedy but it has gone to great lengths to there are multiple provisions explicitly v. Louisiana arguing that a State could limit freedom of religion, as provided providing for the death penalty, how not apply the death penalty to a child for in the first amendment, suing reli- could we reach over here and take a po- rapist regardless of the severity of the gious organizations and groups such as sition on cruel and unusual punish- crime or the criminal history unless the Salvation Army and even individ- ment which was designed to prevent the child died from his or her injuries. uals and supported the removal of people from being hung on racks and Here the defendant had raped his own ‘‘under God’’ from the Pledge of Alle- tortured and that kind of thing? But 8–year-old stepdaughter and caused giance and ‘‘in God we trust’’ from our that is the ACLU position. horrific injuries that a medical expert currency. It sued the Virginia Military This nominee, who is going to be said were the most severe he had ever Institute to stop the longstanding tra- given a lifetime appointment, the seen. The defendant had done the same dition of mealtime prayer for cadets. power to interpret the Constitution on thing to another young girl within the You do not have to bow your head if this very real issue of national import family a few years earlier. Even Presi- you go to lunch and somebody wants to that good lawyers know about, refused dent Obama, when the case came before have a prayer. Nobody makes you pray. to state that the Constitution is clear, the Supreme Court, said he opposed But if other people want to take a mo- that the death penalty is legal. that view. Yet President Obama con- ment before they partake of their meal In fact, I note parenthetically that tinues to nominate a host of ACLU and, say, acknowledge a bit of appre- every Colony, every State had a death lawyers to the Federal bench and preciation for the blessings they have re- penalty at the time, and so did the sumably has some sort of sympathy ceived, what is wrong with that? I do United States Government. Surely the with the views they have been taking. not believe it violates the first amend- people, when they ratified it, had no In recent years, the ACLU has liti- ment. idea that somebody coming along in gated on behalf of sex offenders, includ- The Constitution says that you can- 2000 would create the view that the ing suing an Indiana city on behalf of a not establish a religion in America, Constitution prohibits the death pen- repeat sex offender who was barred and we cannot prohibit the free exer- alty. from the city’s park after he admitted cise of religion either. The establish- I also asked Mr. Martinez whether he stalking children who played there. ment clause and the free exercise agreed with the President’s so-called Even though the convicted offender clause are both in that amendment. empathy standard, but rather than had admitted that he thought about But the ACLU only sees one. They see state flatly that empathy should play sexually abusing the children in the everything as an establishment of reli- no role in decisionmaking, as did Jus- park, the ACLU sued to give him full gion.

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Edward Chen, nominated to the the ACLU filing a lawsuit to deal with According to the ACLU: Northern District of California, was a those words right over that door: ‘‘In There is no basis for a hospital to impose staff attorney on staff and member of God We Trust.’’ It won’t be long. They its own religious criteria on a patient to the ACLU of Northern California for 16 will want to send in gendarmes with deny [her] emergency care. years. Goodwin Liu, a professor, one of chisels to chisel it off the wall. It is an So this type of religious liberty is the most extreme nominees now pend- extreme view of the first amendment, not, I think, what the Founders said. I ing, was nominated to the Ninth Cir- and has never been part of what we undo not think a hospital that is founded cuit, already the most activist circuit derstood the Constitution to be about. on personal values and has certain in America. He was a member of the The reference in a public forum to a moral values should be required to give board of directors of the ACLU of ‘‘higher being’’ is not prohibited by the them up as a capitulation to State northern California for years. Jack Constitution—except in the minds of domination, which is what they were McConnell, nominated to the district some extremists. asking for actually, having the State of Rhode Island, was a volunteer law- So the ACLU has argued for the re- be able to tell a hospital that did not yer for the ACLU as recently as last moval of all vestiges of Christmas, believe in abortion. year. going so far as to sue school districts What about other issues that may A number of nominees who were re- to bar them from having Santa Claus come up, such as end-of-life issues. cently considered by the Judiciary at school events and threatening to sue Hospitals ought to be able to have—and Committee also have significant ties to if Christmas carols are sung anywhere doctors and nurses should be able to the ACLU. Amy Totenberg, nominated on school grounds. Give me a break. have moral views about those matters to the Northern District of Georgia, In addition, the ACLU has sought to and not do something they think is has been a member for 21 years. Robert limit or remove the rights of children wrong and not have to give up their Wilkins, nominated to the District of to salute the U.S. flag, recite the practice or their hospital in order to DC, was also a member. Michael Pledge of Allegiance, and openly pray. comply with what this group thinks is Simon, nominated to the District of It has sued the Boy Scouts—I am the right way to do business. Oregon, has been a member since 1986. honored to have been an Eagle Scout at So those are some of the examples of He served on the lawyers committee one time in my life—and government the ACLU’s out-of-the-mainstream and the board of directors and as its entities that have supported this hon- point of view. It is no secret that this vice president for legislation and vice orable institution. It has sued them. administration shares this kind of president for litigation. It has fought for the rights of child legal reasoning. This is, of course, one That is more than I thought when we pornographers and against statutes of a long line of ACLU nominees whom started going back and looking at this. seeking to stop its production and dis- we have seen, and this kind of rea- I am sure less than 1 percent of the tribution or limit children’s exposure soning and legal thought is well to the lawyers in America are members of the to it. The ACLU absolutely not only left of and out of touch with the Amer- ACLU, but it seems if you have the opposes adult pornography laws, they ican people and, I think, for the most ACLU DNA, you get a pretty good leg oppose laws that prohibit child pornog- part, established law. It seeks to im- up on being nominated by this Presi- raphy, which is where so much of the pose its liberal progressive agenda any dent. It is clear the President, our problem of pedophilia occurs. way it can, including by filing lawsuits President, a community activist, a lib- The ACLU has sought to overturn the and having judges—unelected lifetime eral progressive, as his own friends will of the people by challenging nu- appointed judges who have been popped have described him, and former law merous State laws that define mar- through the Senate—ratify what the professor is attempting to pack the riage as between a man and a woman people who filed the lawsuits want to courts with people who share his views and has encouraged city mayors across achieve as a matter of policy, not being and who will promote his vision of, as the country to openly defy State law neutral umpires who adjudicate dis- he has said about judges, what America by granting same-sex marriage li- putes and decide them narrowly but to ‘‘should be.’’ That was his phrase. He censes, even in contradiction to law. try to use the courts as a vehicle to ad- said, We want judges who help advance It has vehemently opposed the 1996 vance an agenda. That is what has real- a vision of what America should be. Defense of Marriage Act, calling it ‘‘a ly been at the core of the debate in re- But that is not good. We all have vi- deplorable act of hostility unworthy of cent years over judicial nominations. sions of what America should be. I wish the United States Congress.’’ That So it is not surprising that many of to see us be a more frugal nation, more passed a year before I came here—not the President’s judicial and executive local government, more individual re- too long ago. It just said that if one branch nominees have been deeply in- sponsibility. I do not support cradle-to- State allows a marriage to be between volved in the ACLU—many of them. grave government. His vision is what? members of the same sex, another For example, President Obama’s first That we want judges on the bench pro- State would not be forced to acknowl- nominee, Judge David Hamilton, who moting an agenda because they were edge it and recognize it. That is what was confirmed to the Seventh Circuit picked by a President who shares that the Defense of Marriage Act did, and it last year, was a leading member of the agenda? That is not the classical Amer- passed here not too many years ago. Indiana Civil Liberties Union for 9 ican heritage of what judges should be The ACLU has consistently opposed years, where he served as a board mem- about. Judges should take the bench all restrictions on abortion—all re- ber and its vice president for litigation. and they should attempt, as objec- strictions—including partial-birth Judge Gerard Lynch, who now sits on tively as they possibly can, having put abortion, the Unborn Victims of Vio- the Second Circuit, was a cooperating on that robe and having taken an oath lence Act, and statutes requiring pa- attorney and member of the ACLU for to do equal justice to the poor and the rental notification before a minor child 25 years. Judge Rogeriee Thompson, rich, and to be not a respecter of per- can have an abortion. If they want to who was confirmed to the First Circuit sons, but to analyze that case objec- defend the innocent against wrong- earlier this year, had been a member of tively and decide it based on the law doing, what about defending a child the ACLU for 10 years. Judge Dolly and the facts, not on their empathy partially born whose life is taken from Gee, who now sits on the District Court and not on what their vision of what them? The ACLU’s extreme advocacy for the Central District of California, America should be because it may not on abortion would force even religious had been a member of the ACLU for 9 be what the people’s vision is. health care providers—doctors and years. Carlton Reeves, who was con- Democracy is undermined if a judge nurses—to perform abortions as a confirmed two days ago to the Southern gets on the bench and feels that they

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 21, 2010 CONGRESSIONAL RECORD — SENATE S10871 can promote visions. I have to tell my eration of the New START treaty and advice and consent duties very seri- colleagues, they are not appointed to the treaty’s implications for our ously. Since the treaty was signed in be vision promoters. They are ap- friends and allies in Eastern and Cen- April, I have attended numerous meet- pointed to decide the strict matters of tral Europe and, more importantly, the ings and classified briefings on the law and fact, to the best of the ability national security of the United States. treaty. I suspect I have spent at least the Lord gives them. On November 17, I came to the Sen- 10 to 12 hours on it. Since I last spoke We can’t stand idly by and allow that ate floor to discuss my concerns about on this floor about the treaty in No- heritage of law that benefits us so the treaty and the President’s reset vember, I have held additional con- greatly, the American rule of law and policy. Following my remarks, I re- sultations with a number of former the greatest strength this Nation has, ceived a significant amount of feed- Cabinet Secretaries, ambassadors, and in my opinion, to be altered by pro- back—some positive, some critical— experts from the intelligence commu- moting a Federal judiciary that is and throughout my deliberations on nity, including former Secretaries of agenda oriented. Any individual—re- the treaty, my intention was to con- State Albright, Powell, and Rice, seek- gardless of the position to which they tribute to advancing this important de- ing their views about the treaty’s ef- have been nominated, to what kind of bate in a meaningful way. fect on our bilateral relationship with court position they are nominated to— First, I wish to make it clear I re- Russia, as well as our relationship with who demonstrates unwillingness to main concerned about the direction of our Eastern and Central European al- subordinate his or her personal views, Russia in terms of its commitment to lies. While some of those I met with religious, political, ideological, social, human rights and an effort to reassert had concerns about specific technical liberal, or conservative. Conservatives its influence over what Russia con- aspects of the treaty, I continually can’t promote their views, either—if siders Eastern and Central Europe, heard that we should ratify the treaty. they can’t be faithful to the law and their sphere of influence—those coun- I believe it is noteworthy that five the Constitution, they should not be on tries I often describe as the captive na- former Republican Secretaries of the bench. tions. One cannot ignore the statement State, including Kissinger, Shultz, I am not going to support such nomi- of Vladimir Putin when he described Baker, Eagleburger, and Powell, in a nees and no Senator should support the collapse of the Soviet Union as the December 2, 2010 Washington Post them. I have given it a lot of thought. greatest geopolitical catastrophe of the opinion piece urged the Senate: I know Mr. Martinez has had a long af- 20th century. . . . to ratify the New START Treaty filiation with the ACLU. He refused to Two years ago, after listening to give clear answers to these questions I signed by President Obama and Russian Russia’s Foreign Minister Sergey President Dmitry Medvedev. It is a modest posed to him. I am not convinced that Lavrov at the German Marshall Fund and appropriate continuation of the START those views, which I think are outside Forum in Brussels, I concluded that I treaty that expired almost a year ago. legitimate constitutional theory, have Russia’s internal political dynamic These former Republican Secretaries been objected to and are not by Mr. suggested that its people were deeply of State described some of the out- Martinez—indeed, it appears he sup- concerned by the growth in U.S. influ- standing issues with the treaty, but de- ports them because he has not with ence through NATO expansion and in- scribe convincingly, in my opinion, clarity rejected a single one. He has cursion into their part of the world. why ultimately it is in our national in- not made any defense to participating The Russian people, it seems, believed terest to ratify the treaty. in an organization that openly advo- there was a post-Cold War promise, Mr. President, I ask unanimous con- cates these kinds of legal views. once the Iron Curtain came down, to We ask a lot of the nominees: Do you sent that the op-ed piece from the believe the Constitution prohibits the not interfere in the region. Washington Post be printed in the As one of the leaders in helping the death penalty? They said, No. Even RECORD. captive nations movement and to this though they were part of an organiza- There being no objection, the mate- day regretting the way our brothers tion and some of them—a lot—have rial was ordered to be printed in the and sisters in these countries were been confirmed and I have voted for a RECORD, as follows: treated during the postwar conferences number of them, but I am not able to [From the Washington Post, Dec. 2, 2010] at Yalta and Tehran—I must say I vote for this one. THE REPUBLICAN CASE FOR RATIFYING NEW I have to say this: We are paid to never thought the wall would come START judge and to vote, and when it comes down or their curtain torn, but once it (By Henry A. Kissinger, George P. Shultz, down to some of the positions taken by did, I did everything I could to ensure James A. Baker III, Lawrence S. the ACLU—let’s take the one that the these newly democratized countries Eagleburger and Colin L. Powell) Constitution prohibits the death pen- were invited to join NATO. In 1998, as Republican presidents have long led the alty—are so extreme and are so chairman of the National Governors crucial fight to protect the United States nonlegal that if a person can’t under- Association, I worked to get a resolu- against nuclear dangers. That is why Presi- tion passed encouraging the United dents Richard Nixon, Ronald Reagan and stand that, I have serious doubt that George H.W. Bush negotiated the SALT I, they can understand any other signifi- States to invite Poland, the Czech Re- public, and Hungary to join the alli- START I and START II agreements. It is cant constitutional principle. why President George W. Bush negotiated Therefore, I have concluded I would ance. the Moscow Treaty. All four recognized that not be able to support the nominee, al- One of the proudest moments as a reducing the number of nuclear arms in an though I respect my colleagues who Senator was when I joined President open, verifiable manner would reduce the think he will do well. I certainly don’t Bush, Secretary of State Powell, Sec- risk of nuclear catastrophe and increase the think he is a bad person. I think he is retary of Defense Rumsfeld, and Chair- stability of America’s relationship with the an able person who has a wonderful man of the Joint Chiefs of Staff Gen- Soviet Union and, later, the Russian Federa- background, but his legal history evi- eral Myers at the NATO summit in tion. The world is safer today because of the Prague on November 21, 2002. I was in decades-long effort to reduce its supply of dences an approach to law that I think nuclear weapons. is outside the mainstream and I will the room when NATO Secretary Gen- As a result, we urge the Senate to ratify oppose the nomination. We are not eral Lord Robinson officially an- the New START treaty signed by President blocking a vote. We will allow him to nounced the decision to invite Bul- Obama and Russian President Dmitry have his up-or-down vote and Senators garia, Estonia, Latvia, Lithuania, Ro- Medvedev. It is a modest and appropriate will cast their vote based on how they mania, Slovakia, and Slovenia into continuation of the START I treaty that ex- conclude it should be decided. NATO. I mention all of this history for pired almost a year ago. It reduces the num- I thank the Chair and I yield the a simple reason. I don’t think there is ber of nuclear weapons that each side de- floor. a Member of the Senate more wary of ploys while enabling the United States to The PRESIDING OFFICER (Mr. maintain a strong nuclear deterrent and pre- the intentions of Russia toward the serving the flexibility to deploy those forces MANCHIN). The Senator from Ohio. former captive nations than I. as we see fit. Along with our obligation to NEW START TREATY So it brings me back to the subject of protect the homeland, the United States has Mr. VOINOVICH. Mr. President, I the treaty now pending before the Sen- responsibilities to allies around the world. rise today to discuss the Senate’s delib- ate. I take the Senate’s constitutional The commander of our nuclear forces has

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S10872 CONGRESSIONAL RECORD — SENATE December 21, 2010 testified that the 1,550 warheads allowed friends. Any treaty must be considered on its This NATO Summit meeting in Lisbon last under this treaty are sufficient for all our merits. But we have here an agreement that month underscore, we are proceeding with a missions—and seven former nuclear com- is clearly in our national interest, and we missile defense system in Europe designed to manders agree. The defense secretary, the should consider the ramifications of not rati- provide full coverage for NATO members on chairman of the Joint Chiefs of Staff and the fying it. the continent, as well as deployed U.S. head of the Missile Defense Agency—all Whenever New START is brought up for forces, against the growing threat posed by originally appointed by a Republican presi- debate, we encourage all senators to focus on the proliferation of ballistic missiles. dent—argue that New START is essential for national security. There are plenty of oppor- I know that some of my colleagues our national defense. tunities to battle on domestic political are concerned with issues related to We do not make a recommendation about issues linked to the future of the American the exact timing of a Senate ratification economy. With our country facing the dual the treaty, including the moderniza- vote. That is a matter for the administration threats of unemployment and a growing fed- tion of our nuclear infrastructure, mis- and Senate leaders. The most important eral debt bomb, we anticipate significant sile defense, and verification, and I will thing is to have bipartisan support for the conflict between Democrats and Repub- discuss each of these issues to explain treaty, as previous nuclear arms treaties did. licans. It is, however, in the national inter- why I believe they have been ade- Although each of us had initial questions est to ratify New START. quately addressed. about New START, administration officials Mr. VOINOVICH. Mr. President, I be- First of all, as others have pointed have provided reasonable answers. We believe many of these experts remain out—and I reiterate—Senator KYL has lieve there are compelling reasons Repub- concerned, as do I, that a failure to rat- made a valiant effort to ensure we licans should support ratification. First, the agreement emphasizes ify the treaty would be exploited by modernize the U.S. nuclear infrastruc- verification, providing a valuable window those factions in Russia who wish to ture. I have worked with Senator KYL into Russia’s nuclear arsenal. Since the revert back to our Cold War posture. on reviewing the treaty. I believe his original START expired last December, Rus- Such a failure could easily be used by hard work has led to nuclear mod- sia has not been required to provide notifica- those factions to play on Russian na- ernization receiving the attention it tions about changes in its strategic nuclear tionalism, which I fear, from what I deserves. It is long overdue. I remem- arsenal, and the United States has been un- have heard from some people, is bor- ber Pete Domenici talking about the able to conduct on-site inspections. Each fact that we needed to do something day, America’s understanding of Russia’s ar- dering on paranoia. Since I last spoke senal has been degraded, and resources have about the treaty, a number of our new about it and, frankly, we ignored Sen- been diverted from national security tasks NATO allies have come out and sup- ator Domenici. to try to fill the gaps. Our military planners ported the treaty because they believe In a December 1, 2010, letter to Sen- increasingly lack the best possible insight the treaty’s approval should help ad- ators KERRY and LUGAR, the National into Russia’s activity with its strategic nu- vance other issues related to Russia, Lab Directors from Lawrence Liver- clear arsenal, making it more difficult to including the lack of compliance with more, Los Alamos, and Sandia stated: carry out their nuclear deterrent mission. We are very pleased by the update to the Second, New START preserves our ability the Conventional Forces in Europe Treaty, tactical nuclear weapons, and Section 1251 report, as it would enable the to deploy effective missile defenses. The tes- laboratories to execute our requirements for timonies of our military commanders and ci- cooperation on missile defense. ensuring a safe, secure, reliable, and effec- vilian leaders make clear that the treaty For example, during his recent visit tive stockpile under the Stockpile Steward- does not limit U.S. missile defense plans. Al- to Washington, Polish President ship and Management Plan. though the treaty prohibits the conversion Bronislaw Komorowski has stated he I ask unanimous consent to have of existing launchers for intercontinental supports the treaty’s ratification. And and submarine-based ballistic missiles, our that letter printed in the RECORD. at a press conference at the conclusion There being no objection, the mate- military leaders say they do not want to do of the NATO Lisbon Summit, Hun- that because it is more expensive and less ef- rial was ordered to be printed in the fective than building new ones for defense garian Foreign Minister Janos RECORD, as follows: Martonyi stated: purposes. DECEMBER 1, 2010. Finally, the Obama administration has My country has a very special experience Hon. JOHN KERRY, agreed to provide for modernization of the with Russia, and also a special geographic lo- Hon. RICHARD LUGAR, infrastructure essential to maintaining our cation . . . We advocate ratification of Senate Committee on Foreign Relations, U.S. nuclear arsenal. Funding these efforts has START. It is in the interest of my nation, of Senate, Washington, DC. become part of the negotiations in the ratifi- Europe and most importantly for the trans- DEAR CHAIRMAN KERRY AND RANKING MEM- cation process. The administration has put atlantic alliance. BER LUGAR: This letter is a joint response to forth a 10-year plan to spend $84 billion on During this press conference, Lithua- the letters received November 30, 2010, by the Energy Department’s nuclear weapons nia’s Foreign Minister pointed out that each of us in our current roles as directors of complex. Much of the credit for getting the he saw the treaty as a prologue to addi- the three Department of Energy/National administration to add $14 billion to the origi- Nuclear Security Administration (NNSA) nally proposed $70 billion for modernization tional discussions with Russia about laboratories—Los Alamos National Labora- goes to Sen. Jon Kyl, the Arizona Republican other forms of nuclear arms in the re- tory, Lawrence Livermore National Labora- who has been vigilant in this effort. Imple- gion such as tactical nuclear weapons. tory, and Sandia National Laboratories. menting this modernization program in a About three weeks ago, I received a We are very pleased by the update to the timely fashion would be important in ensur- call from President Zatlers, the Presi- Section 1251 Report, as it would enable the ing that our nuclear arsenal is maintained dent of Latvia, urging me: Mr. Senator, laboratories to execute our requirements for appropriately over the next decade and be- please ratify the START treaty. ensuring a safe, secure, reliable and effective yond. Still, as history has taught us, the stockpile under the Stockpile Stewardship Although the United States needs a strong and Management Plan. In particular, we are and reliable nuclear force, the chief nuclear United States must make clear in re- pleased because it clearly responds to many danger today comes not from Russia but gard to our relationship with Russia of the concerns that we and others have from rogue states such as Iran and North that it will not be at the expense of our voiced in the past about potential future- Korea and the potential for nuclear material NATO allies. Thus, I was pleased to see year funding shortfalls, and it substantially to fall into the hands of terrorists. Given President Obama provided the leaders reduces risks to the overall program. We be- those pressing dangers, some question why of our Central and European allies pub- lieve that, if enacted, the added funding out- an arms control treaty with Russia matters. lic reassurance regarding the U.S. com- lined in the Section 1251 Report update—for enhanced surveillance, pensions, facility It matters because it is in both parties’ in- mitment to article V of the North At- terest that there be transparency and sta- construction, and Readiness in Technical bility in their strategic nuclear relationship. lantic Treaty during the recent NATO Base and Facilities (RTBF) among other pro- It also matters because Russia’s cooperation summit in Lisbon which, by the way, grams—would establish a workable funding will be needed if we are to make progress in was one of the best NATO summits I level for a balanced program that sustains rolling back the Iranian and North Korean think that has been held in the last the science, technology and engineering programs. Russian help will be needed to dozen years. The President reaffirmed base. In summary, we believe that the pro- continue our work to secure ‘‘loose nukes’’ this commitment in his December 18, posed budgets provide adequate support to in Russia and elsewhere. And Russian assist- 2010 letter to the majority and minor- sustain the safety, security, reliability and effectiveness of America’s nuclear deterrent ance is needed to improve the situation in ity leaders, and I hope that letter from Afghanistan, a breeding ground for inter- within the limit of 1550 deployed strategic national terrorism. the President has been circulated warheads established by the New START Obviously, the United States does not sign among my colleagues. It is very clear Treaty with adequate confidence and accept- arms control agreements just to make on where the President stands. able risk.

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 21, 2010 CONGRESSIONAL RECORD — SENATE S10873 As we emphasized in our testimonies, im- The President signed the treaty in Mr. VOINOVICH. Mr. President, I plementation of the future vision of the nu- April. It is now December, and we are also bring to my colleagues’ attention clear deterrent described by the bipartisan coming up on 1 full year without any a July 14, 2010, letter to Senators Strategic Posture Commission and the Nu- verification regime in place. I believe clear Posture Review will require sustained LEVIN, KERRY, MCCAIN, and LUGAR, attention and continued refinement as re- we should work to get this treaty done from former commanders of the Stra- quirements are defined and baselines for because these verification procedures tegic Air Command and U.S. Strategic these major projects are established. We ap- are needed now. I am not the only one Command. Again, I hope my colleagues preciate the fact that this 1251 update calls who believes this. I recently received a will read that letter. They list three out the importance of being flexible and the letter from Bulgaria’s Ambassador to reasons for support of the treaty. I need to revisit these budgets every year as the United States, Elena Poptodorova. quote from their second and third rea- additional detail becomes available. I have known her a long time and sons: We look forward to working with you and worked with her to get Bulgaria into the Administration to execute this program The New START Treaty contains verifica- to ensure the viability of the U.S. nuclear NATO. She wrote: tion and transparency measures—such as deterrent. A failure to swiftly ratify the treaty would data exchanges, periodic dated updates, noti- Sincerely, mean discontinuation of the verification re- fication, unique identifiers on strategic sys- DR. GEORGE MILLER, gime that could result in negative con- tems, some access to telemetry and onsite Lawrence Livermore sequences in the nuclear disarmament, espe- inspections—that will give us important in- National Labora- cially taking into consideration the signifi- sights into Russian strategic nuclear forces tory, cant strategic nuclear advantage of Russia. and how they operate those forces. In my view, it will also put at risk the fu- DR.MICHAEL ANASTASIO, We will understand Russian strategic nu- ture cooperation with Russia and will im- Los Alamos National clear forces much better with the treaty that pede the negotiations on priorities, such as Laboratory, would be the case without it. conventional forces and tactical nuclear DR. PAUL HOMMERT, weapons in Europe. It is of utmost impor- These former military commanders Sandia National Lab- tance that Russia be kept at the negotiating go on to state that the U.S. nuclear ar- oratories. table beyond the scope of the New START maments—again, I think this is for all Mr. VOINOVICH. Mr. President, a Treaty, in particular on issues like Iran, Af- of us as American people to realize— number of experts I have consulted ghanistan and other global security chal- ‘‘will continue to be a formidable force with have pointed out—and I have lenges. that will ensure deterrence and give agreed with—the need for the President I ask unanimous consent that her the President, should it be necessary, a to provide public assurances regarding letter be printed in the RECORD. broad range of military options.’’ the U.S. commitment to a robust mis- There being no objection, the mate- I ask unanimous consent that letter sile defense system. So I was pleased rial was ordered to be printed in the sent to the Foreign Relations Com- with the President’s letter to our lead- RECORD, as follows: mittee be printed in the RECORD. ership reiterating such support. Here I EMBASSY OF THE There being no objection, the mate- quote directly from the President’s let- REPUBLIC OF BULGARIA, rial was ordered to be printed in the ter: Washington DC, December 6, 2010. RECORD, as follows: Pursuant to the National Missile Defense DEAR SENATOR VOINOVICH: I am writing to you on an urgent note regarding the pending July 14, 2010. Act of 1999, it has long been the policy of the ratification of the New START. Senator CARL LEVIN, United States to deploy as soon as is techno- Firstly, I would like to reiterate the strong Chairman, logically possible an effective National Mis- support of the Bulgarian government for the Senate Armed Services Committee. sile Defense system capable of defending the treaty. As you may know, already on the Senator JOHN F. KERRY, territory of the United States against lim- margins of the NATO Summit, the Bulgarian Chairman, ited ballistic missile attack, whether acci- Foreign Minister Nickolay Mladenov, to- Senate Foreign Relations Committee. dental, unauthorized, or deliberate. gether with his colleagues from Denmark, Senator JOHN MCCAIN, With regard to the Russian asser- Latvia, Lithuania, Hungary and Norway, ex- Ranking Member, tion—and we have heard this—that the plicitly pointed out that the treaty is in the Senate Armed Services Committee. treaty’s preamble prohibits the buildup interest of European and global security. I Senator RICHARD G. LUGAR, in missile defense capabilities, the firmly believe that it is indeed key to the na- Ranking Member, President has stated in very clear lan- tional security interest of each country as Senate Foreign Relations Committee. well as to the stability of the transatlantic GENTLEMEN: As former commanders of guage that the ‘‘United States did not alliance. Strategic Air Command and U.S. Strategic and does not agree with the Russian Secondly, Bulgaria shares the assessment Command, we collectively spent many years statement. We believe the continued that the treaty allows the United States to providing oversight, direction and mainte- development and deployment of U.S. maintain an effective and robust nuclear de- nance of U.S. strategic nuclear forces and ad- missile defense systems, including terrent and to keep modernizing its nuclear vising presidents from Ronald Reagan to qualitative and quantitative improve- weapons complex. It is crucial that it does George W. Bush on strategic nuclear policy. not put any constraints on the US missile We are writing to express our support for ments to such systems, do not and will defense programs and allows for the deploy- not threaten the strategic balance with ratification of the New START Treaty. The ment of effective missile systems. treaty will enhance American national secu- the Russian Federation. . . . we believe Furthermore, a failure to swiftly ratify the rity in several important ways. the continued improvement and de- treaty would mean discontinuation of the First, while it was not possible at this time ployment of U.S. missile defense sys- verification regime that could result in neg- to address the important issues of non-stra- ative consequences in the nuclear disar- tems do not constitute a basis for ques- tegic weapons and total strategic nuclear mament especially taking into consideration tioning the effectiveness and the via- stockpiles, the New START Treaty sustains the significant strategic nuclear advantage limits on deployed Russian strategic nuclear bility of the New START Treaty, and of Russia. In my view, it will also put at risk weapons that will allow the United States to therefore would not give rise to cir- the future cooperation with Russia and will cumstances justifying Russia’s with- impede the negotiations on priorities such as continue to reduce its own deployed stra- drawal from the Treaty.’’ conventional forces and tactical nuclear tegic nuclear weapons. Given the end of the Mr. President, as I have discussed, I weapons in Europe. It is of utmost impor- Cold War, there is little concern today about the probability of a Russian nuclear attack. know many of my colleagues have con- tance that Russia be kept at the negotiating table beyond the scope of the New START, in But continuing the formal strategic arms re- cerns about the treaty. But after my duction process will contribute to a more own research and consultations with particular on issues like Iran, Afghanistan and other global security challenges. productive and safer relationship with Rus- current and former Secretaries of State I strongly urge you, dear Senator, to con- sia. and numerous foreign policy experts, sider the arguments above and act in favor of Second, the New START Treaty contains including many conservative experts, a swift ratification of the New START. The verification and transparency measures— as well as yesterday’s 3-hour closed ses- new treaty is yet another step toward guar- such as data exchanges, periodic data up- sion in the Old Senate Chamber, I sup- anteeing our common security and the dates, notifications, unique identifiers on strategic systems, some access to telemetry port this treaty and do not believe the United States leadership is absolutely essential in this respect. and on-site inspections—that will give us im- concerns that we have heard from some I trust I will be taken in good faith. portant insights into Russian strategic nu- of our colleagues rise to the level at Sincerely, clear forces and how they operate those which the Senate should reject the ELENA POPTODOROVA, forces. We will understand Russian strategic treaty. Ambassador. forces much better with the treaty than

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S10874 CONGRESSIONAL RECORD — SENATE December 21, 2010 would be the case without it. For example, [From the Wall Street Journal, Sept. 7, 2010] The New Start treaty, like others before it, the treaty permits on-site inspections that LEARNING FROM EXPERIENCE ON ARMS was built on previous experience. And, like will allow us to observe and confirm the CONTROL earlier treaties, it provides a building block number of warheads on individual Russian (By George P. Shultz) for the future. As lower levels of warheads are negotiated, the importance of accurate missiles; we cannot do that with just na- The New Start treaty provides an instructional technical means of verification. That tive example of how, when everyone works at verification increases and the precedent and kind of transparency will contribute to a it, an important element of arms control experience derived from New Start will en- more stable relationship between our two treaties can be improved by building on past sure that a literal counting process will be countries. It will also give us greater pre- treaties and their execution. available. The New Start treaty also sets a precedent for the future in its provision for dictability about Russian strategic forces, so I remember well the treaty on Inter- on-site observation of nondeployed nuclear that we can make better-informed decisions mediate-Range Nuclear Forces (INF), as I systems—important since limits on non- about how we shape and operate our own had a hand in negotiating the treaty and in deployed warheads will be a likely next step. forces. getting implementation started. Our mantra was stated almost endlessly by President The problem of interruptions in operations Third, although the New START Treaty Ronald Reagan, to the point that Soviet posed by the original Start treaty and iden- will require U.S. reductions, we believe that leader Mikhail Gorbachev would join in: tified by the executors of the treaty on both the post-treaty force will represent a surviv- ‘‘Trust but verify.’’ sides is addressed in the New Start treaty in able, robust and effective deterrent, one fully Reagan insisted on, and we obtained, on- a way that gives more information but is capable of deterring attack on both the site inspection of the critical elements in the less disruptive. First of all, a running ac- United States and America’s allies and part- treaty: the destruction of all missiles and a count in the form of regular data exchanges ners. The Department of Defense has said method of ensuring that new ones were not is provided every six months on a wide range that it will, under the treaty, maintain 14 produced. This critical element in the treaty of information about their strategic forces, Trident ballistic missile submarines, each built on an earlier one. The Stockholm and numerous inspection procedures have equipped to carry 20 Trident D–5 submarine- Agreement of 1986 was the first U.S.-Soviet been consolidated. The United States will have the right to launched ballistic missiles (SLBMs). As two agreement to call for on-site observation of select, for purposes of inspection, from all of of the 14 submarines are normally in long- military maneuvers. Although not as intru- Russia’s treaty-limited deployed and non- term maintenance without missiles on sive as a close look at nuclear facilities, it was, nevertheless an important conceptual deployed delivery vehicles and launchers at board, the U.S. Navy will deploy 240 Trident breakthrough. The idea of on-site inspection the rate of 18 inspections per year over the SLBMs. Under the treaty’s terms, the United had been accepted and put in practice. life of New Start. It is also important that States will also be able to deploy up to 420 When the Strategic Arms Reduction Trea- each deployed and nondeployed interconti- Minuteman III intercontinental ballistic ty (Start) was negotiated and finally signed nental ballistic missile (ICBM) or submarine- missiles (ICBMs) and up to 60 heavy bombers in 1991, a different problem presented itself. launched ballistic missile (SLBM) or heavy equipped for nuclear armaments. That will On-site inspection of missile destruction is bomber will have assigned to it a unique continue to be a formidable force that will one thing; on-site inspection of an active in- code identifier that will be included in noti- ensure deterrence and give the President, ventory is something else again. You are fications any time the ICBM or SLBM or should it be necessary, a broad range of mili- looking at an ongoing operation. Neverthe- heavy bomber is moved or changes status. tary options. less, the challenge was met in part by count- The treaty establishes procedures to allow We understand that one major concern ing delivery vehicles, clearly building on the inspectors to confirm the unique identifier successful experience of both sides with the about the treaty is whether or not it will af- during the inspection process. INF treaty. fect U.S. missile defense plans. The treaty The notification of changes in weapon sys- However, the political relations between tems—for example, movement in and out of preamble notes the interrelationship be- the United States and the then Soviet Union deployed status—will provide more informa- tween offense and defense; this is a simple had not yet reached the level of cooperation tion on the status of Russian strategic forces and long-accepted reality. The size of one required to count the number of actual war- under this treaty than was available under side’s missile defenses can affect the stra- heads directly without concern about com- Start. Information provided in notifications tegic offensive forces of the other. But the promising secret design information. The re- will complement and be checked by on-site treaty provides no meaningful constraint on sult was a process of attribution derived inspection as well as by imagery from sat- U.S. missile defense plans. The prohibition from access to telemetry—that is, the data ellites and other assets which collectively on placing missile defense interceptors in transmitted from flight tests of missiles. make up each side’s national technical ICBM or SLBM launchers does not constrain This allowed for a cap on the maximum num- means of verification. us from planned deployments. ber of warheads that could be delivered, Having been involved in the Stockholm The New START Treaty will contribute to which was the number attributed in Start. Treaty when a breakthrough in on-site in- Periodic on-site inspections of the missile a more stable U.S.-Russian relationship. We spection was made and when intrusive on- sites were provided for under Start, but the strongly endorse its early ratification and site inspection of key events was a main ele- experience of both sides was that this proc- ment of the INF Treaty, I am pleased to see entry into force. ess, conducted in a fragmented way, dis- Sincerely, that the building process is continuing, espe- rupted normal operations and so was unnec- cially since the New Start treaty includes GENERAL LARRY WELCH, essarily burdensome to both sides. USAF, Ret. some improved formulations that bode well The Strategic Offensive Reduction Treaty for the future. Seeing is not quite believing, GENERAL JOHN CHAIN, (SORT), negotiated in 2002 under the George USAF, Ret. but it helps. Learning is not limited to what W. Bush administration, simply relied on the you get from experience, but it helps. GENERAL LEE BUTLER, Start verification regime. In a joint declara- USAF, Ret. The original Start treaty expired last De- tion, President Bush and President Vladimir cember. The time has come to start seeing ADMIRAL HENRY CHILES, Putin agreed on the desirability of greater USN, Ret. again, with penetrating eyes, and to start transparency, but they left it at that. learning from the new experience. GENERAL EUGENE HABIGER, Along came the New Start treaty, signed USAF, Ret. by President Barack Obama and Russian Mr. VOINOVICH. In his piece, the ADMIRAL JAMES ELLIS, President Dmitry Medvedev on April 8, 2010. Secretary discusses the importance of USN, Ret. People responsible for monitoring the origi- verification and closes with this GENERAL BENNIE DAVIS, nal Start treaty were included in the nego- thought: USAF, Ret. tiations, so operating experience was present The original START Treaty expired last at the table. The result was a further ad- December. The time has come to start seeing Mr. VOINOVICH. Mr. President, I vance, building on the transparency meas- also ask unanimous consent to have again, with penetrating eyes, and to start ures already in place under the Start treaty. learning from the new experience. printed in the RECORD a September 7, On-site inspection now allows the total num- 2010, opinion piece from the Wall ber of warheads on deployed missiles lit- In other words, the provisions in Street Journal by former Secretary of erally to be counted directly. terms of verification are new compared State George Shultz, who served under Thus, up-close observation is substituted to the old START treaty. for the telemetry that was essential in the Finally, I ask my colleagues to take President Reagan. I think all of us who original Start treaty. But some cooperation note of Secretary Rice’s statement are familiar with George Shultz’s in sharing telemetry information was in- that ‘‘the treaty helpfully reinstates record have high respect and regard for cluded in the New Start treaty. This pro- onsite verification of Russian nuclear him. vides some additional transparency and can serve, over time, as a confidence-building forces, which lapsed with the expira- There being no objection, the mate- measure. It is well that some telemetry co- tion of the original START treaty last rial was ordered to be printed in the operation will occur so that the principle is year. Meaningful verification was a RECORD, as follows: retained. significant achievement of Presidents

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 21, 2010 CONGRESSIONAL RECORD — SENATE S10875 Reagan and George H.W. Bush, and its Moscow contends that only current U.S. that liberals, conservatives, Repub- reinstatement is crucial.’’ missile-defense plans are acceptable under licans and Democrats, can come to- I ask unanimous consent that her ar- the treaty. But the U.S. must remain fully gether on to make a difference for the free to explore and then deploy the best de- ticle in the Wall Street Journal be fenses—not just those imagined today. That future. printed in the RECORD. includes pursuing both potential qualitative I yield the floor. There being no objection, the mate- breakthroughs and quantitative increases. The PRESIDING OFFICER. The Sen- rial was ordered to be printed in the I have personally witnessed Moscow’s tend- ator from Iowa is recognized. RECORD, as follows: ency to interpret every utterance as a bind- Mr. HARKIN. Mr. President, very ing commitment. The Russians need to un- shortly, the Senate will be voting on [From the Wall Street Journal, Dec. 7, 2010] derstand that the U.S. will use the full-range the continuing resolution that will NEW START: RATIFY, WITH CAVEATS of American technology and talent to im- fund the operations of our Federal Gov- (By Condoleezza Rice) prove our ability to intercept and destroy ernment through March—I think, if I When U.S. President Bush and Russian the ballistic missiles of hostile countries. Russia should be reassured by the fact that am not mistaken, through March 4. I President Putin signed the Moscow Treaty in its nuclear arsenal is far too sophisticated want to take this time to take a look 2002, they addressed the nuclear threat by re- and large to be degraded by our missile de- at what happened recently with our ap- ducing offensive weapons, as their prede- fenses. In addition, the welcome agreements cessors had. But the Moscow Treaty was dif- propriations bill, the so-called omnibus on missile-defense cooperation reached in ferent. It came in the wake of America’s 2001 bill, that was defeated by our col- Lisbon recently between NATO and Russia withdrawal from the Anti-Ballistic Missile leagues on the other side of the aisle. can improve transparency and allow Moscow Treaty of 1972, and for the first time the Again, without getting into who and Washington to work together in this United States and Russia reduced their of- caused what and did what to whom field. After all, a North Korean or Iranian fensive nuclear weapons with no agreement missile is not a threat only to the United first, which is a game we play a lot in place that constrained missile defenses. States, but to international stability broad- around here, the fact remains that Breaking the link between offensive force ly. none of our appropriations bills were reductions and limits on defense marked a Ratification of the treaty also should not passed this year, even though our sub- key moment in the establishment of a new be sold as a way to buy Moscow’s coopera- committees on appropriations passed nuclear agenda no longer focused on the Cold tion on other issues. The men in the Kremlin War face-off between the Warsaw Pact and out all of our bills. We passed them know that loose nukes in the hands of terror- through the Appropriations Committee NATO. The real threat was that the world’s ists—some who operate in Russia’s unstable most dangerous weapons could end up in the south—are dangerous. That alone should and brought them to the Senate for hands of the world’s most dangerous re- give our governments a reason to work to- consideration, but they were not taken gimes—or of terrorists who would launch at- gether beyond New Start and address the up on the floor. Again, we can go into tacks more devastating than 9/11. And since threat from tactical nuclear weapons, which all the reasons why yes, why no. But those very rogue states also pursued ballistic are smaller and more dispersed, and there- that is water over the dam. The fact is, missiles, defenses would (alongside offensive fore harder to monitor and control. Russia they weren’t; therefore, they weren’t weapons) be integral to the security of the knows too that a nuclear Iran in the volatile United States and our allies. passed. Middle East or the further development of At the end of the year, a week ago, It is in this context that we should con- North Korea’s arsenal is not in its interest. sider the potential contribution of the New Russia lives in those neighborhoods. That Leader REID wanted to put together all Start treaty to U.S. national security. The helps explain Moscow’s toughening stance the bills that had been passed out of treaty is modest, reducing offensive nuclear toward Tehran and its longstanding concern committee with both Republican and weapons to 1,550 on each side—more than about Pyongyang. Democratic support. Of the 13 bills— enough for deterrence. While the treaty puts The issue before the Senate is the place of and I could be a little mistaken—only limits on launchers, U.S. military com- New Start in America’s future security. Nu- 1 or 2 had any minor changes or votes manders have testified that we will be able clear weapons will be with us for a long time. to maintain a triad of bombers, submarine- against them in committee. They were After this treaty, our focus must be on stop- almost all unanimous by Republicans based delivery vehicles and land-based deliv- ping dangerous proliferators—not on further ery vehicles. Moreover, the treaty helpfully reductions in the U.S. and Russian strategic and Democrats. reinstates on-site verification of Russian nu- arsenals, which are really no threat to each So to keep the government going, we clear forces, which lapsed with the expira- other or to international stability. had this omnibus—in other words, put- tion of the original Start treaty last year. A modern but smaller nuclear arsenal and ting all the bills together in one pack- Meaningful verification was a significant increasingly sophisticated defenses are the age and passing that. My friends ob- achievement of Presidents Reagan and right bases for U.S. nuclear security (and jected to that. Because that was ob- George H.W. Bush, and its reinstatement is that of our allies) going forward. With the jected to, we now face having a con- crucial. right commitments and understandings, Still, there are legitimate concerns about ratification of the New Start treaty can continuing resolution to continue the New Start that must and can be addressed in tribute to this goal. If the Senate enters funding from last year on into fiscal the ratification process and, if the treaty is those commitments and understandings into year 2011 until March. ratified, in future monitoring of the Obama the record of ratification, New Start de- When the Republicans killed this administration’s commitments. serves bipartisan support, whether in the Omnibus appropriations bill last week, First, smaller forces make the moderniza- lame-duck session or next year. certain things happened. For example, tion of our nuclear infrastructure even more Mr. VOINOVICH. Mr. President, in they chose to close Head Start class- urgent. Sen. Jon Kyl of Arizona has led a valiant effort in this regard. Thanks to his my opinion, the jury has returned its rooms that serve 65,000 low-income efforts, roughly $84 billion is being allocated verdict, and the overwhelming evi- children. By killing the omnibus, my to the Department of Energy’s nuclear weap- dence is that the Senate should ratify friends on the other side of the aisle de- ons complex. Ratifying the treaty will help the treaty. Support for the treaty cided to cut childcare subsidies for cement these commitments, and Congress should not be viewed through the lens 100,000 low-income working families. should fully fund the president’s program. of being liberal or conservative, Repub- They rejected the opportunity to pro- Congress should also support the Defense De- lican or Democrat, but rather what is vide lifesaving drugs to people living partment in modernizing our launchers as in the best interest of our national se- with AIDS, who are on waiting lists for suggested in the recent defense strategy study coauthored by former Secretary of De- curity, the best interest of the United lifesaving medication. They passed on 1 fense Bill Perry and former National Secu- States of America, the best interest of the chance to provide 4 ⁄2 million more rity Adviser Stephen Hadley. our relationships with those countries meals to seniors in need. Second, the Senate must make absolutely who share our values and understand All of these programs would have re- clear that in ratifying this treaty, the U.S. is that nuclear proliferation is the great- ceived badly needed increases in the not re-establishing the Cold War link be- est international threat to our children appropriations bill, but my friends on tween offensive forces and missile defenses. and grandchildren. the other side of the aisle said no. They New Start’s preamble is worrying in this re- Mr. President, I urge my colleagues insisted on just keeping the present gard, as it recognizes the ‘‘interrelationship’’ to support this treaty. I am prayerful of the two. Administration officials have tes- funding until March. tified that there is no link, and that the that we have a good vote for it to dem- Here is another result of killing the treaty will not limit U.S. missile defenses. onstrate that we have come together omnibus: Millions of American stu- But Congress should ensure that future De- on a bipartisan basis to do something dents who receive Pell grants—low-in- fense Department budgets reflect this. that needs to be done, and something come students—to go to college no

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S10876 CONGRESSIONAL RECORD — SENATE December 21, 2010 longer know if they will be able to af- cut or if they will get any financial aid say there is going to be a battle. We ford college next year. at all. Hopefully, in about 10 minutes, are not going to sit back and let these We cannot let that happen. The con- we are going to change that because I programs be decimated, these pro- tinuing resolution we will vote for in a am hopeful we will all join together grams that mean so much to so many few minutes includes a provision that today in supporting this continuing families. would close the so-called Pell grant resolution because as a part of the con- In the meantime, we have to keep the shortfall and ensure there is no cut to tinuing resolution, we close that Pell government running, and that is what the Pell grants to our poor students. grant shortfall so we can undo or redo the continuing resolution is all about. The Pell Grant Program is the back- what was undone by not taking up the As I said, what is so important is to bone of our Nation’s financial aid sys- omnibus bill. make sure the Pell grant shortfall is tem. More than 9 million low-income We can keep the government run- closed, which it is on this continuing students and middle-income students ning, but we can also make this fix. It resolution. use these grants toward a postsec- is so important to do that now because I urge all my colleagues to support ondary education or vocational train- of certain rules and regulations that go the continuing resolution and hope- ing. into effect after the first of the year fully when March 4 comes, again we People might say: Why has the Pell that will drastically impinge on the can agree on a bipartisan basis not to grant grown so much over the last few Pell Grant Program unless we take decimate so many programs that help months? When the economy is bad, this action today. so many people in our country. more people tend to go to college and I hope all Republicans and Democrats I yield the floor. more people in lower income brackets will join in supporting the continuing The PRESIDING OFFICER. The Sen- tend to go to college and try to better resolution and so do more than 9 mil- ator from Oklahoma. lion American students who depend on themselves. That means the cost of NOMINATION OF BENITA Y. PEARSON providing Pell grants goes up, even Pell grants for their college education. Mr. COBURN. Mr. President, I ask when the maximum Pell grant award a Again, I point out that other appro- unanimous consent to have printed in person can receive stays the same. priations will not be settled even if we the RECORD two letters that have been pass the continuing resolution today. Right now, the maximum Pell grant received by the Senate in regard to the Those decisions are kicked down the award is $5,550 a year. Nearly 90 per- nomination of Judge Benita Pearson— street until March 4 when the con- cent of the students who receive that one from the National Cattlemen’s tinuing resolution expires. level come from families whose annual Beef Association; the other from the income is less than $40,000 for a family We are going to face a tough situa- Farm Animal Welfare Coalition. of four. Without Pell, most of them tion on March 4. My friends on the There being no objection, the mate- would have no chance of receiving a other side of the aisle have said that rial was ordered to be printed in the postsecondary education. This is truly their plan is to cut nonsecurity-related RECORD, as follows: a program for low-income students and appropriations, to cut everything ex- NATIONAL CATTLEMEN’S families seeking to better themselves. cept defense, homeland security, mili- BEEF ASSOCIATION, The omnibus bill that was killed last tary construction, and VA by $100 bil- Washington, DC, December 21, 2010. week would have provided the addi- lion. When you exclude all that and Hon. HARRY REID, tional funding to close that shortfall, you want to cut $100 billion, that is a Senate Majority Leader, Capitol Building, Washington, DC. 21-percent cut from everything else. to keep the maximum grant at $5,550. Hon. MITCH MCCONNELL, That was $5.7 billion. Again, that Do Republicans really want to cut 21 Senate Republican Leader, Capitol Building, money did not just fall from the sky. percent from childcare subsidies for Washington, DC. Other programs across the Federal working families in this economy—a DEAR MAJORITY LEADER REID AND MINOR- Government were cut to offset that 21-percent cut? Do you really want to ITY LEADER MCCONNELL: The National spending. We appropriators decided cut 21 percent from job training pro- Cattlemen’s Beef Association (NCBA) op- that maintaining Pell was so impor- grams in this economy? Do you really poses the nomination of Judge Benita Pear- tant that it was worth reducing or want to cut 21 percent from programs son to the United States District Court for the Northern District of Ohio. After review- eliminating other programs, which we that educate disadvantaged children, ing answers she gave to the Senate Judiciary did. title I programs, in this economy? Do Committee earlier this year, we believe that When my friends on the other side our friends on the other side of the Judge Pearson’s connections to the Animal killed the omnibus, they put the Pell aisle want to cut 21 percent from the Legal Defense Fund (ALDF) would make it Grant Program in jeopardy and endan- AIDS drug assistance program? Do you hard for her to be an impartial judge in cases gered the future of millions of dis- want to cut 21 percent from senior regarding actions by animal activists. ALDF advantaged students. According to the meals programs? Do we want to cut 21 is an activist organization involved in nu- recent estimates from OMB, if we do percent from the Social Security Ad- merous federal lawsuits and advocates giving animals the same legal rights as humans. ministration in this economy? not close the Pell shortfall before Feb- NCBA expects the Senate to confirm ruary, the maximum award will drop That is what is coming down the pike judges who can hear cases and make deci- by $1,840, and the Pell grants of all on March 4. We kick the ball down the sions based on facts and law, rather than those students with a family income of field a little bit, but on March 4, the judges with strong biases that could lead to less than $40,000 will fall by 33 per- battle will be joined again. legislating from the bench. While we con- cent—from $5,550 to $3,710 next school If my friends on the other side of the tinue to discover more about Judge Pear- year. An estimated 435,000 students aisle try to decimate these programs son’s animal activist work, we think her who currently receive Pell grants that are so critical to the well-being of connection to ALDF alone is enough to block her nomination in order for Senators would get nothing, zero. Their entire so many families in this country—chil- to do more research into her background and grant would be cut off. Why do I say dren, working parents who need character. that? Because if the award drops by childcare, the elderly who rely on a lot NCBA is the nation’s oldest and largest na- $1,840, if your Pell grant was $1,800, you of these meals—I had it happen in my tional trade association representing U.S. get nothing. So 435,000 students will get own family. Meals on Wheels keeps cattle producers with more than 140,000 di- no Pell grants whatsoever. That is the people from going to the hospital, lets rect and affiliated members. On behalf of our situation facing students all over the them stay at home and get a decent producers, we urge you to oppose the nomi- country today. diet, senior meals programs; job train- nation of Judge Benita Y. Pearson to the We are 4 days away from Christmas. ing programs so people can train for United States District Court for the North- ern District of Ohio. More than 9 million students who de- new jobs—all part of getting our coun- Sincerely, pend on Pell grants do not know if try back up again. If they are going to STEVE FOGLESONG, their financial aid will be drastically cut 21 percent from all this, I want to President.

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 21, 2010 CONGRESSIONAL RECORD — SENATE S10877 DECEMBER 20, 2010. Ms. Pearson stated she does not use the I have no doubt we will have great Re Nomination of Benita Y. Pearson to the term ‘‘animal rights’’ and is ‘‘not an advo- discussions over the next few years on U.S. District Court for the Northern Dis- cate for animal rights’’ but ‘‘an advocate for what those priorities are. But we can- trict of Ohio. doing what is in the best interest of ani- not wait to make those priorities. We To: The U.S. Senate. mals.’’ However, she does not explain on From: The Farm Animal Welfare Coalition: what sources of information she relies when are going to have to squeeze wasteful American Farm Bureau Federation, determining what is ‘‘the best interest of spending from the Pentagon. We have American Feed Industry Association, animals,’’ but simply her belief the law ‘‘is no choice. We have no choice with American Sheep Industry Association, intended to do what is in the best interest of which to make the hard choices in Biotechnology Industry Organization, animals and humans.’’ front of us. And it does not matter Farm Credit System, Livestock Mar- While it is not a judge’s role to legislate what happened in the past. What is keting Association, National Milk Pro- from the bench—and we are gratified Ms. going to matter is what happens in the ducers Federation, National Pork Pro- Pearson appears to concur—judicial deci- future and whether we have the cour- ducers Council, National Renderers Asso- sions set precedent and can precipitate legis- age to meet the test that is getting ciation, United Egg Producers. lation and regulations. It is unsettling that The Farm Animal Welfare Coalition in Ms. Pearson’s written responses to direct ready to face this country. (FAWC), an ad hoc coalition of America’s questions posed by Senate Judiciary Com- There is a lot of bipartisan work largest farm/ranch, input and related organi- mittee members Sens. Charles Grassley, Jeff going on right now behind the scenes in zations seeks to ensure all federal policy de- Sessions and Tom Coburn, she simply re- the Senate planning for next year to cisions regarding the welfare of food animals states existing law as relates to animal address those issues. are based upon sound science, producer ex- rights, animal standing, etc. Hence, we do I say to my colleague from Iowa, the pertise and the rule of law. We write to ex- not get a clear picture of her views regarding way to have the greatest impact on press our concerns related to the nomination animal rights and legal standing. that issue is to join with us to, No. 1, of Benita Y. Pearson to be a judge on the We would welcome a meeting with Ms. U.S. District Court for the Northern District agree with the severity of the problem Pearson to discuss these concerns. and the urgency of the problem, and of Ohio. Thank you for consideration of our views. Our concerns stem from Ms. Pearson’s Please feel free to contact any of the organi- then let’s build a framework on how we membership and participation in the Animal zations listed on this letter or FAWC’s coor- solve it, knowing nobody is going to Legal Defense Fund (ALDF), an animal dinator, Steve Kopperud, at 202–776–0071 or get what they want. rights organization which uses the courts to [email protected]. TRIBUTES TO RETIRING SENATORS impose upon farmers, ranchers, biomedical researchers, animal breeders and other le- Mr. COBURN. Mr. President, I wish RUSS FEINGOLD gitimate users of animals its parochial view to spend a short time addressing the Mr. President, I wish to take 2 more of animal welfare. ALDF also provides legal remarks of my friend from Iowa. minutes to pay a compliment to one of support for political organizations dedicated The PRESIDING OFFICER. Without my colleagues. to furthering animal rights in the U.S. objection, it is so ordered. When I came to the Senate, I visited ALDF’s website is rife with references to Mr. COBURN. Mr. President, the sit- almost every Member of the Senate on ‘‘factory farming,’’ and other pejorative de- uation we find ourself in is that no ap- the other side of the aisle. I had a won- scriptions of U.S. farm animal husbandry, as derful visit with the Senator from Wis- well as touting its current and past lawsuits propriations bills came to the floor. We brought against agriculture interests. Its po- did not control that. If that had been consin. We actually—although we are litical positions affecting contemporary under our control, I assure you they totally opposite in our philosophical American agriculture are well known to us. would have come to the floor—and they leanings—had a wonderful time vis- ALDF works to secure ‘‘standing’’ for ani- should. No matter who is in charge, iting together. mals in the courts, a legal evolution with they should come. I think he agrees Senator FEINGOLD is my idea of a multiple potential negative consequences for with that. But I will address the great- great Senator. I want to tell you why. food production and the survivability of I left that meeting, and about a week farmers and ranchers in the U.S. Consider er issue we have in front of us. Our Nation has a very short time later, I got a note from him first of all the following from ALDF’s Executive Direc- thanking me for taking the initiative tor Steven Wells: with which to reassess and reprioritize ‘‘One day, hopefully, animals will have what is important in our fiscal mat- to come and meet with him, but also a more opportunities to be represented in ters. That period of time, I believe, is commitment that he would always be courts so that we can more effectively fight straight with me, that when he gave shorter than many of my colleagues be- the many injustices they face—perhaps as me his word and handshake, it would lieve. But I have not been wrong in the another kind of recognized ‘legal person.’ In always be that way, and that I could past 6 years as to where we are coming. the meantime we must be resourceful and count on him standing for what he be- I have been saying it for 6 years. We creative in bringing lawsuits to win justice lieved in but knowing he would do the for animals.’’ are now there. things we needed to do to get things Ms. Pearson’s membership in ALDF dem- The fact is everything is going to done. onstrates the willingness of a prospective ju- have to be looked at—everything— rist to go beyond the academic or philo- My observation in the last 6 years in every project, for every Senator, every sophical contemplation of the legal and po- this Chamber is I have watched one litical issues of animal rights. Her member- position, every program—if we are to man of great integrity keep his word ship in ALDF translates her personal philos- solve the major problems that are fac- and hold to his values through every ophy into implicit action in support of the ing this country. crisis and every vote. And every time it goals of the animal rights movement. We all want to help everybody we We are encouraged by Ms. Pearson’s writ- was taken where we had to come to- can, but the one thing that has to be gether to do something, this gentleman ten statement it is never appropriate for borne in mind as we try to help within judges to ‘‘indulge their own values in deter- kept his character. He kept his word. mining the meaning of statutes and the U.S. the framework of our supposed limited He fulfilled the best aspects of the tra- Constitution;’’ however, her responses re- powers is there has to be a future for dition of the Senate. main exceedingly vague when it comes to the country. The things that are com- Although I often—most of the time— animal rights issues. ing upon us in the very near future will am on the opposite side of issues from Given one of the ALDF’s long-standing pri- limit our ability to act if we do not act orities is the legal adoption of its so-called Senator RUSS FEINGOLD, I want to tell first. you, he has my utmost admiration and ‘‘animal bill of rights’’—which calls for the I take to heart my colleague’s very undefined ‘‘right of farm animals to an envi- my hope that more would follow his ronment that satisfies their basic and psy- real concern for those who are dis- principled stand and his wonderful chological needs’’—it seems disingenuous of advantaged in our country. It is gen- comity as he deals with those on the Ms. Pearson to say she is unaware of this pri- uine. It is real. We are going to have a other side of the aisle. ority or even the existence of the ‘‘bill of choice to help them or we are going to I yield the floor. rights’’ given she is a self-described member have a choice to make a whole lot more The PRESIDING OFFICER. The Sen- of the ALDF. She also teaches animal law people disadvantaged. What we have to ator from Michigan. courses at Ohio’s Cleveland-Marshall College do is try to figure out how compas- of Law—including a section on constitu- Mr. LEVIN. Mr. President, I under- tional standing—which, we assume, must sionately we can do the most we can do stand the UC has us voting at 2 o’clock; touch at some point on the ALDF’s 30-year- and still have a country left. That is is that correct? old political philosophy and history of legal the question that is going to come be- The PRESIDING OFFICER. The Sen- actions. fore us. ator is correct.

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In some other shipbuilding many reasons is that the Navy’s urgent 50 years, using net present value cal- programs that might be a concern, but request for authority for the littoral culations, would be much less than the I believe that the Navy’s fundamental combat ship, (LCS),—program is in- additional saving that could be architecture of the LCS program di- cluded. achieved through buying both the ships vorces changes in the mission package The original LCS acquisition plan in during the FYDP period—approxi- from changes that perturb the ship de- 2005 would have had the Navy buying mately $250 million of additional oper- sign and ship construction. In the past, both types of LCS vessels for some ating and support costs vs. approxi- when there were problems with devel- time while the Navy evaluated the ca- mately $900 million in savings. oping the right combat capability on a pabilities of each vessel. At some time Those are the facts of the case as we ship, this almost inevitably caused in the future, the Navy would have had heard from the Navy. Let me relay a problems in the construction program. the option to down select to building few quotes from the Navy witnesses at In the case of the LCS, the combat ca- one type of vessel. But in any case, the the hearing to amplify on these points. pability largely resides in the mission Navy would have been operating some Secretary of the Navy Raymond E. packages that connect to either LCS number of each type of LCS vessel in Mabus, Jr., referring the authority to vessel through defined interfaces. What the fleet, which means that the Navy revise the acquisition strategy, said that means is that changes inside the would have been dealing with two ship- the following: mission packages should not translate yards, two supply chains, two training This authority, which I emphasize, re- into changes during the ship construc- pipelines, etc. Last year, after the bids quires no additional funding, will enable us tion schedule—i.e., they are inter- came in too high, the Navy decided to purchase more high-quality ships for less changeable. And whatever is happening upon a winner-take-all acquisition money and get them into service in less in the mission package development time. It will help preserve jobs in our indus- strategy to procure the fiscal year 2010 program would apply equally to either trial shipbuilding base and will create new the down select strategy or the dual vessels under a fixed-price contract, employment opportunities in an economic with fixed-price options for two ships source strategy. sector that is critical to our Nation’s mili- In terms of the proposal’s effects on per year for the next 4 years. This retary and economic security. the industrial base and on competition, vised strategy included obtaining the ADM Gary Roughead, the Chief of data rights for the winning ship design I believe that there would be a net Naval Operations, said: positive. The Navy would have the op- and competing for a second source for The dual award also allows us to reduce the winning design starting in fiscal portunity to compete throughout the costs by further locking in a price for 20 life of the program, and any erosion in year 2012. Again, the Navy made this ships, enabling us to acquire LCS at a sig- contractor performance could be cor- course correction because the Navy nificant savings to American taxpayers and rected by competitive pressures. For leadership determined that the original permitting the use of shipbuilding funds for the industrial base, there would be acquisition strategy was unaffordable. other shipbuilding programs. Earlier this year, the Navy released From a broad policy perspective, I more stability in the shipbuilding pro- the solicitation under that revised believe that the Navy approach of a gram. Countless Navy witnesses have strategy and has been in discussion competitive, dual source alternative testified to the Armed Services Com- mittee and the other defense commit- with the two contractor teams and could help ensure maximum competi- tees that achieving stability in our evaluating those proposals since that tion throughout the lifecycle of the shipbuilding programs is one of the time. The bids came in, the competi- program, meeting the spirit and intent best things we in the government can tion worked, and the prices were lower of the Weapon Systems Acquisition Re- do to help the Navy support the ship- than the Navy had expected. Both form Act of 2009, MSARA. Specifically, it calls for two shipbuilders in contin- building industry. teams have made offers that are much The Navy’s proposal to change to a uous competition to build the ships for more attractive than had been ex- dual source selection strategy would the life of the program. The Navy plans pected, and both are priced well below promote that goal of stability, while to build a total of 55 of these ships, so the original, noncompetitive offers. effectively continuing competition that could take a number of years. The Navy has now requested that we throughout the program, and at the Some have raised concerns because approve a different LCS acquisition same time reducing acquisition costs the Navy has been unable to reveal the strategy, taking advantage of the low and buying an additional ship over the specific bid information from the two bids and keeping the industrial base FYDP. strong. The Armed Services Committee contractors. Unfortunately, the Navy Why don’t we just wait until some- held a hearing on the subject of the has been prevented from sharing spe- time after the new Congress convenes change in the Navy’s acquisition strat- cific bid information because that to deliberate this changed acquisition egy. We heard testimony from the would violate the competitive source strategy? Senator JACK REED asked the Navy that, after having reviewed the selection process by revealing propri- Navy about this very issue at the hear- bids from the two contractor teams, etary information about the two ing. He asked, ‘‘What is lost or what do they should change their LCS acquisi- contactors’ bids. Because of these con- you gain or lose by waiting?’’ Assistant tion strategy. straints, I do not know what is in the Navy Secretary Sean Stackley an- The Navy testified that continuing bids. But I take comfort from knowing swered that question as follows: the winner-take-all down select would that these bids are for fixed- price con- ‘‘Workforce is leaving, hiring freezes save roughly $1.9 billion, compared tracts and not for cost-type contracts are in effect, vendors are stressed in with what had been budgeted for the where a contractor has little to lose terms of their ability to keep faith LCS program in the Future-Years De- from underbidding a contract. with the proposals, the fixed price pro- fense Program, or FYDP. As far as the capability of the two posals that they have put in place. The Navy further testified that revis- vessels, we heard from Admiral They will need to have to then go back ing the acquisition strategy to accept Roughead at the hearing that each of with any further delay and reprice the offers from both LCS contractor the two vessels would meet his require- their proposals.’’ teams, rather than down selecting to ments for the LCS program. I asked What that means is, if we were to let one design and starting a second source Admiral Roughead: ‘‘Do both of these the bids expire at the end of December, building the winning design, would vessels in their current configuration we would lose the full benefits of the save $2.9 billion, or $1 billion more than meet the Navy’s requirements?’’ Admi- competition and our savings will likely the program of record, and would allow ral Roughead replied: ‘‘Yes, Senator, be reduced. the Navy to purchase an additional they do. Both ships do.’’ Mr. President, I support including LCS vessel during the same period of Some have raised the possibility that the authority for the Navy to make the FYDP—20 ships rather than 19 development of the mission packages this change in the continuing resolu- ships. could cause problems in the ship- tion before us. The Navy also testified that addi- building program and lead to unex- Mr. MCCAIN. Mr. President, I rise to tional operation and support costs for pected cost growth, and thereby fail to oppose the littoral combat ships, LCS,

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 21, 2010 CONGRESSIONAL RECORD — SENATE S10879 provision in the continuing resolution, LCS’ lead ships have not been identi- and testing the first four ships are incor- CR. That provision—which, according fied and fully resolved’’ and ‘‘has the porated in the operating ships, ships under to the Congressional Budget Office, combined capability of the LCS construction, and ships yet to be awarded. The Navy will update the Test and Evalua- CBO, and the Congressional Research seaframes with their mission modules tion Master Plan (TEMP) for the LCS, to re- Service, CRS, could cost taxpayers as been sufficiently demonstrated so that flect the Program of Record following the much as $2.9 billion more than the cur- increasing the Navy’s commitment to Milestone B (MS B) decision. rent acquisition strategy—simply does seaframes at this time would be appro- The Navy will update test and evaluation not belong in the CR. But once again priate?’’ and production of LCS seaframes and mis- we are looking at a cloture vote on a Those questions, and others, that sion modules following the MS B decision. The Navy has completed a robust inde- piece of ‘‘must-pass’’ legislation where GAO, CRS and CBO raised last week, pendent cost analysis of the LCS lifecycle the majority leader has filled the are salient and should be answered de- using estimating best practices and sub- amendment tree and no amendments finitively before we approve of the mitted this estimate to the Office of the Sec- will be allowed. Navy’s proposal. Every one of those retary of Defense (OSD) for comparison with The LCS program has a long, docu- witnesses conceded that more time the Cost Assessment and Program Evalua- mented history of cost overruns and would help Congress get those answers. tion (CAPE) group independent estimate. production slippages and yet we now These recommendations and the Depart- And, considering this provision in con- ment’s responses apply for either the down- find ourselves inserting an authoriza- nection with a Continuing Resolution, select or the dual block-buy approach and tion provision at the 11th hour to yet brought up at the 11th hour; during a the Department’s concurrence and related again change the acquisition strategy lame-duck session; outside of the con- actions with the recommendations (included of a program that has been plagued by gressional budget-review period; and in Appendix III of the August GAO report) instability since its inception. without specific information or the op- will not change in either case. Let’s look at its track record over portunity for full and open debate by As you know, Navy has taken delivery of the first two ships and the third and fourth the past 5 years: all interested Members, does not give ships are under construction. The perform- 1st LCS funded in 2005—LCS 1 Commis- us that time. Buying into this process ance of the USS FREEDOM (LCS 1) and USS sioned in Nov 2008 at cost of $637 million; would be an abrogation of our constitu- INDEPENDENCE (LCS 2) and their crews are 2nd LCS funded in 2006—LCS 2 Commis- tional oversight responsibility. extraordinary and affirm the value and ur- sioned in Jan 2010 at cost of $704 million; From 2005 to date, we have sunk $8 gent need for these ships. For the Fiscal 3rd LCS funded in 2006—Canceled by Navy billion into the LCS program. And, Years (FYs) 2010–2014 ships, Navy has been in April 2007, because of cost, and schedule what do we have to show for it? Only pursuing the congressionally authorized growth; down-select to a ten ship block-buy. Com- 4th LCS funded in 2006—Canceled by Navy two boats commissioned and one boat petition for the down-select has succeeded in in Nov 2007, because of cost and schedule christened—none of which have been achieving very affordable prices for each of growth; shown to be operationally effective or the ten ship bids which reflect mature de- 5th LCS funded in 2007—Canceled by Navy reliable—and a trail of blown cost-caps signs, investments made to improve perform- in Mar 2007, because of cost and schedule and schedule slips. I suggest that, hav- ance, stable production, and continuous growth; ing made key decisions on the program labor learning at their respective shipyards. 6th LCS funded in 2007—Canceled by Navy hastily and ill-informed, we in Con- The result of this competition affords the in Mar 2007, because projected costs too high; Navy an opportunity to award a dual block- 7th LCS funded in 2008—Canceled by Navy gress are partly to blame for that buy award (for up to 20 ships between FYs in Sep 2008, because projected costs too high; record. But, with the cost of the pro- 2010–2015) with fixed-price type contracts, 8th LCS funded in 2009—Christened in Dec gram from 2010 to 2015 projected to be which achieves significant savings for the 2010 is about 80 percent complete; ‘‘New LCS about $11 billion, we can start to fix taxpayer, while getting more ships to the 3’’; that—by not including this ill-advised Fleet sooner and providing greater oper- 9th LCS funded in 2009—Under construc- provision in the CR. ational flexibility. The dual block-buy pro- tion is about 40 percent complete; ‘‘New LCS I ask unanimous consent that my De- vides much needed stability to the ship- 4.’’ building industrial base; from vendors, to cember 10, 2010, letter to the chairman systems providers to the shipyards. This will When the Navy first made its pro- and ranking member of the Appropria- posal to Congress just over 6 weeks pay important dividends to the Department, tions Committee, asking them not to and to potential Foreign Military Sales cus- ago, it failed to provide Congress with include the LCS provision in any fund- tomers, in way of current and future pro- basic information we need to decide ing measure, a letter from the Project gram affordability. The fixed-price type con- whether it should approve the Navy’s on Government Oversight to Senator tract limits the government’s liability and request—including the actual bid incentivizes both the government and the LEVIN and me, and the exchange of let- prices, which would tell us how real- shipbuilder to aggressively pursue further ef- ters between me and the Chief of Naval ficiencies and tightly suppress any appetite istic and sustainable they are, and spe- Operations, CNO, be printed in today’s cific information about how capable for change. Navy will routinely report on the RECORD. program’s progress and Congress retains con- each of the yards are of delivering the There being no objection, the mate- trol over future ship awards through the an- ships as needed, on time and on budget. rial was ordered to be printed in the nual budget process. Why don’t we have that information? RECORD, as follows: The agility, innovation and willingness to Because it’s sensitive to the on-going seize opportunities displayed in this LCS CHIEF OF NAVAL OPERATIONS, competition. competition reflect exactly the improve- NAVY PENTAGON, ments to the way we do business that the De- Last week, in testimony before the Washington, DC, November 22, 2010. Senate Armed Services Committee, the partment requires in order to deliver better Hon. JOHN S. MCCAIN, value to the taxpayer and greater capability General Accountability Office, GAO, Ranking Member, Committee on Armed Services, to the warfighter. the Congressional Research Service, U.S. Senate, Washington, DC. I greatly appreciate your support for the CRS, and the Congressional Budget Of- DEAR SENATOR MCCAIN: Thank you for af- LCS Program. As always, if I can be of fur- fice, CBO, raised important questions fording me the opportunity to discuss the ther assistance, please let me know. that Congress should have answers to Littoral Combat Ship (LCS) program. This Sincerely, before it considers approving the pro- program is vital to the future force structure G. ROUGHEAD, of the United States Navy, and I am com- Admiral, U.S. Navy. posal. mitted to its success. The Navy tackled ag- Those questions included not only gressively and overcame the program’s past PROJECT ON GOVERNMENT OVERSIGHT, ‘‘how much more (or less) would it cost cost and schedule challenges, ensuring af- Washington, DC, December 9, 2010. for the Navy to buy LCS ships under its fordability of this new critical warfighting Senate Armed Services Committee, proposal’’ but also ‘‘how much would capability. Senate Russell Office Building, the cost be to operate and maintain The Department has taken action on all Washington, DC. two versions of LCS, under the pro- four of the recommendations of the August DEAR CHAIRMAN LEVIN AND RANKING MEM- posal’’. They also asked ‘‘how confident 2010 General Accountability Office (GAO) BER MCCAIN, The Project On Government LCS report. Oversight (POGO) is a nonpartisan inde- can we be that the Navy will be able to The Navy has been operating both LCS dependent watchdog that champions good gov- stay within budgeted limits and deliver signs and collecting design performance ernment reforms. POGO’s investigations into promised capability on schedule—given data. There are mechanisms in place to en- corruption, misconduct, and conflicts of in- that all of the deficiencies affecting sure design corrections identified in building terest achieve a more effective, accountable,

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S10880 CONGRESSIONAL RECORD — SENATE December 21, 2010 open, and ethical federal government. We are strategy. Some, including CRS, have asked negatively assessed the Navy’s implementa- troubled by a rushed proposal to change the whether other shipyards will be frozen out of tion of some of the recommendations it Navy Littoral Combat Ship (LCS) sea frame the LCS program—even after the first 20 made in its August 2010 report—rec- acquisition strategy. ships have been built. For that reason, we ommendations with which the Department The Navy notified Congress of its proposal believe that, before approving the Navy’s of Defense concurred. Against that backdrop, to change its acquisition strategy for LCS on proposal, Congress should carefully evaluate GAO observed that ‘‘decisionmakers do not November 3, 2010. The proposed strategy, whether it may in fact stifle, rather than en- have a clear picture of the various options under which the Navy intends to buy up to 20 courage, competition throughout the pro- available to them related to choosing be- sea frames from two separate shipyards, is a gram’s lifecycle, as is required under the re- tween the down-select and dual award strate- substantial change from the current strat- cently enacted weapon systems acquisition gies’’. egy. Currently, the Navy’s strategy is to reform law. Similarly posing a number of important ‘‘down select’’ (i.e. choose a winner) to one This is not the first time the Navy has questions (on, for example, the potential rel- yard and (with the winning design in hand) given Congress insufficient time to evaluate ative costs and risks of the two strategies, hold another competition later to build a its LCS acquisition strategy. The last time the proposal’s impact on the industrial base, total of 19 ships—only 10 of which are now the Navy asked Congress to approve its LCS and its effect on competition) in its recent authorized under law. To implement the new acquisition strategy—just last year—there review of the proposal, CRS too noted that strategy, the Navy needs Congress to sign off was short notice. In 2002, the Navy gave ‘‘lit- this is the third time that the Navy has pre- on it and wants Congress to do so by mid-De- tle or no opportunity for formal congres- sented Congress with a difficult choice about cember. sional review and consideration’’ of the how to buy LCS ships late in Congress’ budg- Congress should require that the Navy give Navy’s proposed LCS acquisition strategy, et-review cycle—after budget hearings and it more time to get answers to the serious according to CRS. This is deja vu all over often after defense bills have been written. questions raised by, among others, the Con- again. The taxpayers deserve the careful con- Given the foregoing, without the basic in- gressional Research Service (CRS) in its No- sideration of Congress. formation and the time necessary for the vember 29, 2010, report (attached) and the In sum, Congress should not approve the Senate to discharge its oversight responsibil- Government Accountability Office (GAO) in Navy’s acquisition strategy without a clear ities with respect to the Navy’s proposal re- reports issued in August and December 2010. picture of the likely costs and risks. Fur- sponsibly and transparently, I oppose includ- As CRS asked: thermore, Congress should not allow the ing this provision in the any funding meas- ‘‘Does the timing of the Navy’s proposal Navy to continue to skirt oversight. We ap- ure now under consideration. With the LCS’ provide Congress with enough time to ade- preciate your review of this letter and your program’s troubled history, I suggest that quately assess the relative merits of the time, and look forward to working with you such measures would serve as inappropriate down select strategy and the dual-award on the Littoral Combat Ship Program. If you vehicles to make dramatic changes to the strategy? . . . Should the Navy ask the con- have any questions, please do not hesitate to program. tractors to extend their bid prices for an- contact Nick Schwellenbach. Thank you for your consideration. other, say, 30 or 60 or 90 days beyond Decem- Sincerely, Sincerely, ber 14, so as to provide more time for con- DANIELLE BRIAN, JOHN MCCAIN, gressional review of the Navy’s proposal?’’ Executive Director. Ranking Member. Congress needs time to consider whether the Navy’s new plan is fiscally responsible or U.S. SENATE, U.S. SENATE, whether it increases risks that already exist COMMITTEE ON ARMED SERVICES, COMMITTEE ON ARMED SERVICES, in the program. Congress should require that Washington, DC, December 10, 2010. Washington, DC, December 8, 2010. the Navy to ask the two contractor teams to Hon. DANIEL INOUYE, Admiral GARY ROUGHEAD, USN, extend their bid prices up to 90 days beyond Chairman, Senate Committee on Appropriations, Chief of Naval Operations, December 14. The two contractor teams are Washington, DC. Navy Pentagon, Washington, DC. led by, respectively, Lockheed Martin and Hon. THAD COCHRAN, DEAR ADMIRAL ROUGHEAD: About a month Austal USA. Vice Chairman, Senate Committee on Appro- ago, the Navy first proposed that Congress The Navy’s justification for its new strat- priations, Washington, DC. let it fundamentally change how it buys egy is the purportedly low prices that both DEAR CHAIRMAN INOUYE AND VICE CHAIRMAN seaframes under the Littoral Combat Ships bidders have submitted in the current com- COCHRAN: The House-passed Full-Year Con- (LCS) program—a program that has had seri- petition. But it is not clear if these low bids tinuing Appropriations Act, 2011 (H.R. 3082) ous difficulty on cost, schedule and perform- are reasonable. The use of fixed-price con- contains a provision that would authorize ance. tracts won’t necessarily prevent an under- the Department of the Navy to acquire 20 However, in August 2010 and again just performing shipyard from simply rolling its Littoral Combat Ships (LCS) in lieu of the 10 today, the General Accountability Office losses into its prices for follow-on ships. that were authorized under the National De- (GAO) issued a report raising serious con- There can be no doubt that the LCS pro- fense Authorization Act, 2010. As you finalize cerns about the program. In today’s report, gram has already had significant problems. your Omnibus Appropriations Bill, I wanted it also conveyed criticism about the Navy’s For example, the sea frames were originally to express my opposition to including this implementation of its recommendations. intended to cost about $220 million each. But provision in the Omnibus Appropriations Bill When you and I met, on November 18, 2010. the ones built and under construction have or any other stop-gap funding measure that I asked that you describe how the Navy has ballooned up to over $600 million each. Yet you may be considering. implemented GAO’s recommendations. In without any real data indicating that the As you know, the Navy first conveyed to that regard, your letter of November 22, 2010, program is likely to perform adequately in the Senate its proposal that gave rise to this was unhelpful. Not only did it cite what the the future (the Navy has failed to meaning- provision just a few weeks ago, and the com- Navy will do to implement GAO’s rec- fully implement many of GAO’s rec- petition for the LCS ship construction con- ommendations as examples of action it had ommendations in its August report), the tract is still open. As such, not only has the already taken, most of the action items it Navy wants Congress’s help to lock the pro- Senate been given an unusually short time described didn’t even correspond to GAO’s gram into 20 ships over the next five years. to review such an important proposal but it actual recommendations. Indeed, the whole The Navy has not demonstrated the com- also has been unable to obtain basic informa- thrust of the Navy’s proposal appears basi- bined capabilities of the LCS sea frame(s) tion (on cost and capability, for example) it cally inconsistent with the recommendation with its mission packages. It’s important to needs to consider the proposal carefully be- that the Navy not buy excess quantities of bear in mind that the LCS sea frame is effec- cause they remain source-selection sensitive. ships and mission packages before their com- tively a ‘‘truck.’’ The LCS’s combat effec- Moreover, recent reviews of the proposal bined capabilities have been sufficiently tiveness derives from its modular ‘‘plug-and- released by the General Accountability Of- demonstrated. play’’ mission packages (e.g., anti-sub- fice (GAO) and the Congressional Research Until deficiencies affecting the lead ships marine, mine-countermeasures, and surface Service (CRS) just yesterday raise a number have been fully identified and resolved, I warfare). The LCS program has been strug- of salient concerns about it. In the aggre- simply cannot share your optimism that the gling with developmental challenges with gate, those concerns indicate the proposal LCS program will stay within budgeted lim- these mission packages that have led to needs more careful and open deliberation its and deliver required capability on time— postponed testing. As the GAO states, ‘‘Until than would be afforded by including it in a an assumption that underpins the Navy’s mission packages are proven, the Navy risks late cycle Omnibus or continuing resolution. proposal. And, without basic information investing in a fleet of ships that does not de- In particular, the GAO identified a full needed to consider the proposal responsibly liver promised capability.’’ Without effective range of uncertainties (relating to, for exam- (because, with the competition still open, mission capabilities, the LCS will be ‘‘large- ple, design changes, operations and support they remain sensitive), I cannot support it at ly constrained to self-defense as opposed to costs, mission-package development) that this time. mission-related tasks.’’ would determine whether the proposal will Finally, I would like to comment on how Furthermore, it is likely that other ship- realize estimated savings—savings that, in undesirable the process by which the Navy yards that may be just as capable of building its own report release just today, the Con- has made this proposal has been—outside of LCS sea frames as the two that would be gressional Budget Office (CBO) suggests that ‘‘regular order’’; during an open competition; awarded contracts under the dual-award the Navy may have overstated. GAO also in a way that precludes full and open debate

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by all interested Members; and without full U.S. CONGRESS, analyzed the cost implications of the Navy’s information. I respectfully suggest that nei- CONGRESSIONAL BUDGET OFFICE, existing plan for acquiring new LCSs and a ther this program nor the Navy’s ship- Washington, DC, December 10, 2010. new plan that it is currently proposing: building enterprise have been served well by Hon. JOHN MCCAIN, Existing ‘‘Down-Select’’ Plan: In Sep- Congress’ making decisions in this way in Ranking Member, Committee on Armed Services, tember 2009, the Navy asked the two builders U.S. Senate, Washington, DC. to submit fixed-price-plus-incentive bids to the past. I, therefore, respectfully ask that DEAR SENATOR: As you know, the Navy is build 10 ships, 2 per year from 2010 to 2014, this process not be repeated. planning to acquire a fleet of 55 littoral com- beginning with funds appropriated for 2010. Thank you for your visit. I look forward to bat ships (LCSs), which are designed to The Navy planned to select one of the two continuing to work with you in support of counter submarines, mines, and small sur- versions of the LCS, awarding a contract for our sailors. face craft in the world’s coastal regions. Two those 10 ships to the winning bidder, and Sincerely, of those ships have already been built, one then, through another competition, to intro- JOHN MCCAIN, each of two types: a semiplaning steel duce a second yard to build 5 more ships of Ranking Member. monohull built jointly by Lockheed Martin that same design from 2012 to 2014. In 2015, and Marinette Marine in Wisconsin and an the Navy would purchase 4 more ships; the all-aluminum trimaran built by Austal in acquisition strategy for those vessels has not Alabama. The Navy also has two more ships been specified. A total of 19 ships of one de- (one of each type) under construction. The sign would be purchased by 2015 (see Table 1). remaining 51 ships would be purchased from Any shipyard could bid in that second com- 2010 through 2031. In response to your re- petition except the winner of the contract quest, the Congressional Budget Office (CBO) for the first 10 ships. TABLE 1—LCS PROCUREMENT UNDER DIFFERENT ACQUISITION PLANS, 2010 TO 2015 [Number of ships procured]

2010 2011 2012 2013 2014 2015 Total

Existing Down-Select Plan Winner ...... 2 2 2 2 2 4 19 Second Builder ...... 1 2 2 ...... Proposed Dual-Award Plan Lockheed Martin/Marinette Marine ...... 1 1 2 2 2 2 20 Austal ...... 1 1 2 2 2 2 ...... Source: Congressional Budget Office based on data from the Navy. Note: The Navy also purchased two ships from each builder between 2005 and 2009. Under the down-select plan, the Navy proposes to procure four ships in 2015. How the Navy would purchase those ships has not been determined.

Proposed ‘‘Dual-Award’’ Plan: In November does not yet have much experience in oper- vides to the shipyard, that are not part of of this year, the Navy proposed to accept the ating such ships. In addition, if the Navy the shipyard contract. But the cost of gov- fixed-price-plus-incentive bids from both later decided to use a common combat sys- ernment-furnished equipment is small; it is teams, purchasing 10 of each type of LCS (a tem for all LCSs (rather than the different less than 5 percent of the total cost in the total of 20 ships) by 2015, beginning with ones that would initially be installed on the case of the third and fourth ships currently funds appropriated for fiscal year 2010. two different types of vessels), the costs for under construction. According to the Navy, the bid prices re- developing, procuring, and installing that The Navy indicates that its estimates received under the existing down-select plan system could be significant. flect the experience the shipyards gained were lower than expected, which would allow THE NAVY’S ESTIMATES OF COSTS BETWEEN 2010 from building two previous ships and the the service, under the dual-award plan, to AND 2015 benefits of competition. Under the down-se- purchase 20 ships from 2010 through 2015 for In the fiscal year 2011 FYDP, the Navy pro- lect plan, the second shipyard that would less than it had expected to pay for 19. (The posed spending almost $12 billion in current begin building LCSs in 2012 would be inexpe- total number of LCSs ultimately purchased dollars to procure 19 littoral combat ships rienced with whichever ship design was would be the same under both plans.) between 2010 and 2015 under the down-select awarded, and the investments required in in- CBO has estimated the cost for the LCS plan. (The Navy’s budget estimate was sub- frastructure and expertise would make the program between 2010 and 2015 under both mitted in February 2010, well before it re- first ships it produced more expensive than plans, using its standard cost-estimating ceived the two contractors’ bids in the sum- those from a shipyard with an existing con- model. By CBO’s estimates, either plan mer of 2010.) The Navy now estimates the tract for LCS construction. Conversely, would cost substantially more than the cost under that plan to be $10.4 billion, about under the dual-award plan, each shipyard Navy’s current estimates—but CBO did not $1.5 billion (or 13 percent) less than its pre- would benefit from its experience with build- have enough information to incorporate in vious estimate. ing two of the first four LCSs. CBO cannot its estimates the bids from both contractors Now that the Navy has the two bids in quantify the benefits of competition, al- for the 10-ship contract. hand, it has formulated a new plan for pur- though they undoubtedly exist. In light of CBO’s analysis suggests the following con- chasing LCSs. It estimates that it could pur- the results of the competition for the 10-ship clusions: chase 20 ships—10 from each contractor—for block, it is possible that the competition the Whether one considers the Navy’s esti- about $9.8 billion through 2015, or $0.6 billion Navy would hold in 2012 for the second mates or CBO’s, under either plan, costs for less than it currently estimates for the source in the down-select plan might also the first 19 ships are likely to be less than down-select plan and $2.1 billion less than yield costs that are below those the Navy (or the amounts included in the Navy’s 2011 the cost it had estimated for 19 ships in its CBO) estimates, in which case the current budget proposal and the Future Years De- 2011 FYDP. The Navy’s projected cost per estimate of the costs for that plan would be fense Program (FYDP). ship under this plan is 21 percent less than overstated. CBO’s estimates show per-ship construc- its estimate in the 2011 FYDP. The Navy briefed CBO on some aspects of tion costs that are about the same for the The Navy’s block-buy contracts under ei- those estimates but did not provide CBO two plans, but those estimates do not take ther plan would be structured as fixed price with the detailed contractor data or with the into account the actual bids that have been plus incentive. Under the terms of the two Navy’s detailed analysis of those data. If the received. contractors’ bids, the ceiling price is 125 per- contractors’ proposals for the 10-ship award Adopting the dual-award plan might yield cent of the target cost, and that price rep- are robust and do not change, the Navy’s es- savings in construction costs, both from resents the maximum liability to the govern- timates would be plausible although not avoiding the need for a new contractor to de- ment. The Navy and the contractor would guaranteed. CBO has no independent data or velop the infrastructure and expertise to share costs equally over the target price up means to verify the Navy’s savings estimate, build a new kind of ship and from the possi- to the ceiling price. If costs rose to the ceil- and costs could grow by several hundred mil- bility that bids now are lower than they ing price, the result would be a 12.5 percent lion dollars if the shipbuilders or developers would be in a subsequent competition, when increase in price to the government com- of the combat systems carried by those ships the economic environment would probably pared with the target price at the time the experience cost overruns. be different. contract was awarded. The Navy has stated COMPARISON OF CBO’S AND THE NAVY’S Operating and maintaining two types of that its budget estimates include additional ESTIMATES ships would probably be more expensive, funding above the target price to address CBO’s estimates of costs are higher and in- however. The Navy has stated that the dif- some, but not all, of the potential cost indicate little difference in the per-ship costs ferences in costs are small (and more than creases during contract execution. There is of the two plans. They reflect information offset by procurement savings), but there is also the potential for cost growth in other about the ships currently being built, but considerable uncertainty about how to esti- parts of the program, such as in the govern- they do not incorporate information about mate those differences because the Navy ment’s purchasing of equipment that it pro- the contractors’ bids because CBO does not

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a Average 2010 2011 2012 2013 2014 2015 Total ship cost

CBO’s Estimates 19-Ship Down-Select Plan ...... 1,080 1,150 b 1,790 2,330 2,350 2,380 11,080 583 20-Ship Dual-Award Plan ...... 1,080 1,450 b 2,290 2,300 2,330 2,370 11,820 591 Navy’s Estimates 19-Ship Down-Select Plan ...... n.a. n.a. n.a. n.a. n.a. n.a. 10,400 547 20-Ship Dual-Award Plan ...... n.a. n.a. n.a. n.a. n.a. n.a. 9,800 490 Memorandum: 2011 President’s Budget and FYDP (19-ship plan) ...... 1,080 1,509 1,808 2,334 2,417 2,748 11,893 626 Source: Congressional Budget Office. Note: n.a. = not available; FYDP = Future Years Defense Program. a. The amount for 2010 is the funding level provided in the Defense Appropriations Act, 2010. b. The amounts for 2011 include additional funds CBO estimates would be needed to complete the 2010 ships.

With the Navy in possession of contract Navy would then be buying at least 10 more ready equipped with an incompatible system. bids, it is not clear that CBO’s cost-esti- ships that have higher total ownership costs. Combat systems for the LCS today cost mating model is a better predictor of LCS Conversely, if the Navy were to choose the about $70 million each, not including the costs through 2015 than the Navy’s esti- ship with higher total ownership costs under cost to remove the old system and install the mates. Still, the savings compared with the the down-select strategy, the dual-award new one. At a minimum, the Navy would lose 2011 FYDP might not be realized if the Navy strategy might produce an overall savings. some efficiency in the production of the changes the number of ships that are pur- However, some of those savings would be off- combat system under the dual-award plan chased after the contract has been let or set by the extra overhead costs of employing because neither producer of the combat sys- makes design changes to address technical a second shipyard and by other types of addi- tem would have provided more than 12 sys- problems, regardless of which acquisition tional costs described below. Added costs tems for installation on LCSs by 2015; under strategy the Navy pursues. Inflation or other would also arise if the Navy selected the the down-select strategy, by contrast, one escalation clauses in the contract also could dual-award strategy through 2015 and then producer would have provided 19 systems by add to costs. decided to build both types of ships after 2015 that year. Thus, the production costs of the Although CBO estimates that the dual- to complete the 55–ship fleet rather than se- combat system are likely to be higher for award plan would be slightly more costly, lecting only one type, in keeping with its ships purchased after 2016 under the dual- that approach might also provide some bene- current plans. award strategy than under the existing fits. In materials delivered to the Congress The dual-award strategy might entail down-select approach because the manufac- about that strategy, the Navy stated, ‘‘There higher costs to support two full training and turers of those later ships would have had are numerous benefits to this approach in- maintenance programs for the two ship de- less experience building ships of the same cluding stabilizing the LCS program and the signs. Under the down-select strategy, the type and thus fewer opportunities to identify industrial base with award of 20 ships; in- Navy would need training, maintenance, and cost-saving practices. Furthermore, the creasing ship procurement rate to support support facilities to sustain a fleet of 53 costs to operate two combat systems (or to operational requirements; sustaining com- LCSs of the winning design. Facilities would switch to a single combat system later) petition through the program; and enhancing be required for both the Pacific Fleet and the would probably exceed the cost to operate a Foreign Military Sales opportunities.’’ CBO Atlantic Fleet—essentially one on each coast single system from the outset. did not evaluate those potential benefits. of the continental United States. A more I hope you find this information helpful. If you have any more questions, please contact IMPLICATIONS OF THE TWO ACQUISITION PLANS modest set of facilities would be required to me or CBO staff. The CBO staff contact is FOR COSTS BEYOND 2015 support the two ships of the losing LCS design, which the Navy could presumably con- Eric Labs. A Navy decision to buy both types of ships Sincerely, through 2015 would have cost implications centrate at a single location. Under a dual- award strategy, the Navy would buy at least DOUGLAS W. ELMENDORF, after 2015. But whether those long-term costs Director. will be higher or lower would depend on at 12 ships of each type, with an additional 31 least three aspects of the Navy’s decision: ships of either or both designs purchased Mr. LEAHY. Mr. President, I strong- Which of the two ship designs the Navy after 2015. Thus, a more robust training, ly support the alternate engine for the would have selected if it had kept to its maintenance, and support program would be F–35 Joint Strike Fighter. The evi- original down-select plan; required for the version of the LCS that dence and the logic for an alternate en- Whether the Navy will buy one or both would have lost under the down-select strat- gine easily overwhelm the flawed argu- types of ships after 2015; and egy. The Navy has said that those costs are ments that have been used to attack it. Whether the Navy decides eventually to relatively small and more than offset by the develop a common combat system for both savings generated by the shipyards’ bids, but Investments in fighter engine competi- types of ships or to keep the two combat sys- CBO did not have the data to independently tion will reduce costs over the life of tems (one for each type of ship) that it would estimate those additional costs. the F–35 program. Not only will com- purchase under the dual-award approach. Finally, another, potentially large, cost petition cost less than a single engine CBO cannot estimate those costs beyond would hinge on whether the Navy decides in monopoly; competition also forces con- 2015 because it does not know what the Navy 2016 or later to select a common combat sys- tractors to be more responsive and reli- is likely to decide in any of those areas. For tem for all LCSs. Currently, the two versions able. And the F–35 will comprise a vast example, if the Navy pursued its original of the ship use different combat systems. If percentage of the U.S. strike aircraft down-select strategy and chose the ship with the Navy decided to have both versions of lower total ownership costs (the costs of pur- the LCS operate with the same combat sys- fleet. With just one engine, our na- chasing and operating the ships), switching tem, it would incur research, development, tional security would rest on a single to the dual-award strategy would increase and procurement costs, as well as costs to in- point of failure. Sole-sourcing the F–35 the overall cost of the program because the stall the new system on 12 of the LCSs al- Joint Strike Fighter engine is simply

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I will continue to support engine This CR stifles innovation and work- suggest that it is highly likely to save competition that ensures the best prod- force development. In September, taxpayer dollars. According to Govern- uct for the troops at the best price for Norm Augustine and the National ment Accountability Office testimony, the taxpayer. Academy of Sciences updated the 2005 the Congress can reasonably expect to Ms. MIKULSKI. Mr. President, I rise ‘‘Rising Above the Gathering Storm’’ recoup investment costs over the life of to speak about the appropriations proc- report, sounding the alarm that the the program. If the so-called ‘‘Great ess and the need to return it to regular U.S. is still losing ground in science Engine War’’ of the F–16 program is order. I come to the floor very bitter that fuels innovations, and brings us any example, the F–35 alternate engine that we have to pass this continuing new products and new companies. Ev- might even yield 30 percent cumulative resolution, CR. The power of the purse eryone says they are for science, but it savings for acquisition, 16 percent sav- is our constitutional prerogative. I am appears that no one wants to pay for it. ings in operations and support, and 21 for regular order. Regular order is the So, under this CR, our science agen- percent savings over the life cycle of most important reform to avoid con- cies, like the National Institute of the aircraft. Not only would we sac- tinuing resolutions and omnibus bills. Standards and Technology, NIST, and rifice these potential savings by killing Regular order starts with the Appro- the National Science Foundation, NSF, the F–35 alternate engine program, but priations subcommittees and then full will be flat funded. For NSF, this that decision would waste the invest- committee marking up 12 individual would mean 800 fewer research grants, ment we have already made in a com- bills. Chairman INOUYE has led these and 7,000 fewer scientists and techni- petitive second engine. Ending fighter bills out of Committee for the last 2 cians working in labs across the coun- engine competition for the F–35 is years, as Chairman Byrd did before try on promising research in emerging pound foolish without even being him. Then the full Senate considers 12 fields like cyber security and nano- penny wise. bills on the floor and all Senators have technology. Under a CR, we will let the GAO also points to several possible a chance to amend and vote on the world catch up by not making new in- nonfinancial benefits of engine com- bills. This, however, has not happened vestments in science education. We petition, including better system per- since the 2006 spending bills. Lack of won’t just lose the Ph.D.s who open formance, increased reliability and im- regular order means trillion dollar om- avenues of discovery and win the Nobel proved contractor responsiveness. News nibuses or continuing resolutions. If a Prize. We will also lose the technicians reports about the broader F–35 program bill costs a trillion dollars, then oppo- who are going from making steel and reveal what happens when we sole- nents ask why can’t we cut it by 20 per- building ships to the new, innovation- source crucial large, multiyear defense cent—what will it matter? But we are based manufacturing economy, cre- programs. The F–35 faces a range of un- dealing with actual money; it is not ating the next high tech product. We anticipated problems, delays and cost authorizing, which is advisory. There will also lose the chance to build up overruns. Even the independent panel are real consequences. If we are really technical education in key fields like on the 2010 Quadrennial Defense Re- going to tackle the debt, the Appro- cyber security. Under this CR, we can- view—led by President Clinton’s De- priations Committee must be at the not expand the supply of cyber security fense Secretary, William Perry, and table. Tackling the debt can’t be done specialists who are responsible for pro- President Bush’s National Security Ad- just through Budget and Finance Com- tecting U.S. Government computers viser, Stephen Hadley—strongly advo- mittees alone. and information. We miss the oppor- cated dual-source competition in major What are the real life consequences tunity to triple funding for the NSF defense programs. Without competi- of this CR? Well, this CR means that it program to train cyber professionals tion, the American people will keep will be harder to keep America safe. for Federal careers, which has brought paying more and more to buy less and Under this CR the FBI cannot hire 126 us more than 1,100 cyber warriors since less. new agents and 32 intelligence analysts 2002 and of whom more than 90 percent Without competition, our country’s it needs to strengthen national secu- take jobs with Federal agencies. strike aircraft would be one engine rity and counter terrorist threats. The I am also disappointed we will be problem away from fleet-wide ground- FBI’s cyber security efforts will also be passing this CR because I believe in the ing. Putting all of our eggs in the sin- stalled, even while our Nation faces a separation of powers established by the gle engine basket would elevate risks growing and pervasive threat overseas Constitution. Congress should not cede to our troops and their missions. Imag- from hackers, cyber spies and cyber power to the Executive Branch, regard- ine our soldiers in Afghanistan strand- terrorists. Cyber security is a critical less of which party is in the White ed without air support simply because component to our Nation’s infrastruc- House. The Constitution gives the we were not wise enough to diversify ture, but this CR doesn’t allow the FBI power of the purse to Congress. I will the program to avoid engine-based to hire 63 new agents, 46 new intel- not cede the power to meet compelling groundings. With their lives on the ligence analysts and 54 new profes- human or community needs or create line, we cannot afford to be irrespon- sional staff to fight cyber crime. The jobs for America and for Maryland. I sible with this program. DEA, ATF and FBI cannot hire 57 new don’t want to leave all funding deci- The continuing resolution appro- agents and 64 new prosecutors to re- sions to bureaucracy. priately maintains funding for the al- duce the flow of drugs and fight vio- On the Appropriations Committee, ternate engine program. It does not lence and strengthen immigration en- we did our work by reporting 12 sepa- allow for so-called new starts, but nei- forcement along the Southwest border. rate bills to the full Senate, but none ther does it bring programs to a pre- Under this CR, we leave immigration came to the Senate floor. My Com- mature end without the debate and full courts struggling to keep pace with merce, Justice, Science—or CJS—Sub- consideration here in the Congress that over 400,000 immigration court cases committee held 6 hearings with 14 wit- they deserve. The alternate engine pro- expected in 2011 because they cannot nesses to examine agencies’ budget re- gram will rightly continue, and I ex- add Immigration Judge Teams who de- quests and policies. We heard from 4 in- pect that when programs receive scru- cide deportation and asylum cases. We spectors general, IGs, from our major tiny during budget consideration next cannot hire 143 new FBI agents and 157 departments and agencies: Todd Zinser spring, the same will also be the case. new prosecutors for U.S. attorneys to at Commerce, Glenn Fine at Justice, Ensuring engine competition is the target mortgage and financial fraud Paul Martin at NASA and Allison right thing to do because it is the scammers and schemers who prey on Lerner at NSF. We listened to agen- smart thing to do. Although some have America’s hard working, middle class cies’ officials, representatives of orga- stressed the up-front costs, taxpayers families and destroy our communities nizations from sheriffs to scientists

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S10884 CONGRESSIONAL RECORD — SENATE December 21, 2010 and interested Senators. My CJS Sub- forward to consideration of all 12 ap- Customs Enforcement may have to cut committee worked in a bipartisan way propriations bills on the floor next back investigations into human traf- to craft a bill that makes America year. ficking, drug smuggling and identity safer, invests in the American work- Mr. LAUTENBERG. Mr. President, theft. There will be fewer Customs offi- force of the future and is frugal and when our colleagues from across the cers on duty to keep dangerous cargo gets value for taxpayer dollars. Under aisle blocked the Omnibus appropria- and terrorists out of our country. Our this CR, all of that work is wasted. In- tions bill they decided to leave our Na- ability to prepare for natural disasters stead of fulfilling our constitutional tion less safe and less prepared to and other emergencies will suffer. duty of the power of the purse, we are thwart the next terrorist attack. They Fewer local fire departments will re- leaving it to the Executive Branch to chose to put our homeland security on ceive needed assistance to pay for make key funding decisions with mini- autopilot for the next few months—and equipment and training. mal direction from Congress. that is just too risky. In short, the Republicans’ decision to As I travel around Maryland, people We had before us an Omnibus bill kill the Omnibus will shortchange our tell me that they are mad at Wash- that addressed the evolving threats to safety and take chances with our secu- ington. Families are stretched and our homeland security. As chairman of rity—and that is wrong for our coun- stressed. They want a government the Homeland Security Appropriations try. that’s on their side, working for a Subcommittee, I can attest to the dili- Beyond homeland security, the Re- strong economy and a safer country. gent, bipartisan work that went into publicans’ actions will leave our troops They want a government that is as fru- crafting this legislation, which met our worse prepared and our children with- gal and thrifty as they are. They want security challenges in a fiscally re- out the education they deserve. The Omnibus crafted by Senator to return to a more constitutionally sponsible manner. But our colleagues INOUYE, on the other hand, responsibly based government. This CR is not the across the aisle chose instead to fund met all of these needs. And it did so at solution. our homeland security at the status Some Members might say that a CR quo levels under a continuing resolu- the exact same funding level proposed is OK, it will save money, it doesn’t tion. The terrorists aren’t operating by the Republican leader in the Appro- matter. Well, even though the CR pro- under the status quo and neither priations Committee earlier this year. In June, 40 Republicans voted to sup- vides less funding for CJS, it doesn’t do should we. port funding the government at this it smarter because the CR is essen- The terrorists are constantly search- level. Moreover, the Omnibus was tially a blank check for the executive ing for new ways to threaten our way crafted on a bipartisan basis—and in- branch. Regular order provides direc- of life. We are approaching the 1-year cluded earmarks and other spending re- tion, telling the government to be anniversary of the Christmas Day bombing attempt, when a terrorist quested by Republicans. smarter and more frugal, making So it is the height of hypocrisy and boarded a flight to Detroit with explo- thoughtful and targeted cuts and mod- cynicism for our Republican colleagues sives sewn into his underwear. And just est increases where justified—not gov- to attack this bill as wasteful or bloat- in October, printer cartridges being ernment on autopilot. ed. Adding to the hypocrisy, just two For example, my CJS appropriations shipped from Yemen were found to con- days after killing the Omnibus, which bill tells agencies to cut reception and tain explosives that were meant to included a quarter billion dollars more representation funds by 25 percent; blow up on cargo planes flying over the for border security than the CR, Re- eliminate excessive banquets and con- east coast of the U.S. publicans killed the DREAM Act—on Homegrown terrorism is also a grow- ferences; cut overhead by at least 10 the alleged basis that we should secure ing threat, as evidenced by the Fort percent—by reducing non-essential the border first. They are clearly more Hood shooting, the Times Square travel, supply, rent and utility costs; concerned with handing a defeat to our bombing attempt and the New York increase funding to IGs, the taxpayers’ President and to congressional Demo- City subway plot. Earlier this month, watchdogs at the agencies, and have crats than with governing in a respon- those IGs do random audits of grant the FBI arrested a suspect who was sible way. Republicans have put poli- funding to find and stop waste and planning to blow up a military recruit- tics first and it is our troops, our secu- fraud; and notify the committee when ment center in Baltimore. And last rity and our children that will pay the project costs grow by more than 10 per- month, the FBI stopped a U.S. citizen price. cent so that we have an early warning who planned a terrorist bombing at a In the aftermath of the wreckage system on cost overruns. These reforms Christmas tree-lighting ceremony in caused by the Republicans’ opposition are lost in any CR. Portland, OR. to the Omnibus, Senator INOUYE was We should refocus on the Appropria- Because of the opposition to the Om- faced with the challenge of drafting a tions Committee. Many Senators have nibus, our Department of Homeland Se- slimmed-down continuing resolution only been elected for the first time in curity and first responders across the that would not leave the country vul- the last 6 years, so most have never country will not have the resources nerable. This was an extremely dif- seen regular order and don’t know they need to anticipate, thwart, and re- ficult task, but Senator INOUYE was what Appropriations Committee is sup- spond to these threats: The Transpor- able to craft a bill that provides the posed to be. The Appropriations Com- tation Security Administration will most vital resources our government mittee is ‘‘the guardian of the purse,’’ not be able to purchase new explosive- needs to function over the next few which puts real funds in the Federal tracing equipment or hire more intel- months. This was no small feat and I checkbook for the day-to-day oper- ligence officers and canine teams. We commend the chairman for his tireless ations of Federal agencies in Wash- won’t be able to hire more Federal air work on this bill and throughout this ington, and around the Nation and the marshals, who have been stretched thin year’s appropriations process. world. It performs oversight of spend- since the Christmas Day bomb plot was The PRESIDING OFFICER. The Sen- ing by Federal agencies. And it serves foiled. Our airports and seaports won’t ator from Colorado. as Congress’s main tool to influence get new equipment to detect radiation NOMINATION OF BILL MARTINEZ how agencies spend money on a daily and nuclear material. We will have Mr. UDALL of Colorado. Mr. Presi- basis. Why does this matter? It matters fewer resources to secure air cargo and dent, I rise in response to Senator SES- because the Appropriations Committee eliminate threats like the package SIONS’ comments about a nominee we is the tool for aggressive oversight and bombs from Yemen. We will have less are going to consider shortly, Bill Mar- meeting the needs of our constituents. funding to secure our rail and transit tinez. Agencies must respond to Appropria- systems, which are prime targets for Senator SESSIONS just spoke about tions—their budgets depend on it. terrorists—as we’ve seen everywhere the ACLU for 30 minutes, trying to de- We must preserve the separation of from Madrid and Russia to DC and New fine Bill Martinez—a district court powers, oversight of Federal agencies York City. The Coast Guard won’t be nominee, not the appeals court as SES- and advocacy for our States and our able to hire 100 new maritime inspec- SIONS noted—as an ACLU-like nominee constituents. I urge my colleagues to tors or improve their capacity to re- and then criticizing his hearing re- return to the regular order, and look spond to an oil spill. Immigration and sponses on the death penalty and the

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 21, 2010 CONGRESSIONAL RECORD — SENATE S10885 empathy standard. I wanted to clarify The result was announced—yeas 79, Mr. SESSIONS. Mr. President, the for the record three points of misin- nays 16, as follows: two nominees today are nominees who formation. [Rollcall Vote No. 289 Leg.] came out of the Judiciary Committee Bill Martinez did not work for the YEAS—79 with substantial negative votes. Mr. ACLU. He served on an advisory board Akaka Franken Murkowski Martinez is a long-time member of the regarding cases in Denver. Several Alexander Gillibrand Murray American Civil Liberties Union. He has Bush nominees were members of the Barrasso Grassley Nelson (FL) refused, when asked at the hearing, by Federalist Society and contributors to Baucus Hagan Pryor myself and in written questions, to Begich Harkin Reed other conservative litigation centers Bennet Hutchison state whether he believes the Constitu- and were confirmed just a few years Reid Bennett Inouye Roberts tion of the United States prohibits the ago. Bill Martinez is not the ACLU, Bingaman Johanns Rockefeller death penalty—not whether he believed Boxer Johnson and we ought to be careful to avoid set- Sanders Brown (MA) Kerry in it. That is his prerogative. He hid Schumer ting false standards. Brown (OH) Kirk behind the answer that the Supreme From the Martinez Hearing: Bunning Klobuchar Sessions Court says it is. But the ACLU holds to Senator Sessions: Have you ever acted as Cantwell Kohl Shaheen Shelby the view that the cruel and unusual counsel in a matter on behalf of the ACLU? Cardin Kyl Carper Landrieu Snowe punishment provision of the Constitu- If so, please provide the Committee with a Specter citation for each case, a description of the Casey Lautenberg tion prohibits the imposition of the Cochran Leahy Stabenow death penalty and, therefore, it is un- matter, and a description of your participa- Collins Levin Tester tion in that matter. Conrad Lieberman Thune constitutional. Martinez Response: No. Coons Lincoln Udall (CO) He refused to answer that question, Senator SESSIONS claimed he was dis- Corker Lugar Udall (NM) and I believe that is an untenable view. Dodd Manchin Voinovich There are four references, at least, in satisfied with Bill Martinez’s response Dorgan McCaskill Warner the Constitution to the death penalty, regarding the death penalty, stating Durbin McConnell Webb that he was not clear in his beliefs. Ensign Menendez Whitehouse and I do not know how somebody could This is misleading and the record Enzi Merkley Wicker take the cruel and unusual clause to Feinstein Mikulski states otherwise. override specific references to the From the Martinez Hearing: NAYS—16 death penalty which was provided for Senator Sessions: Please answer whether Burr Feingold McCain in every Colony and the Federal Gov- you personally believe that the death pen- Chambliss Graham Nelson (NE) ernment when the Constitution passed. alty violates the Constitution. Coburn Hatch Risch With regard to the other nominee, Cornyn Inhofe Martinez Response: It is clear under cur- Vitter Mrs. Benita Pearson, she has some very rent Supreme Court jurisprudence that, with Crapo Isakson DeMint LeMieux extreme views on animal rights. When very limited exceptions, the death penalty does not violate the Eighth Amendment to NOT VOTING—5 asked by Senator COBURN whether it would be in the best interests of a steer the U.S. Constitution. Gregg v. Georgia, 428 Bayh Brownback Wyden U.S. 153 (1976); Roper v. Simmons, 543 U.S. 551 Bond Gregg to be slaughtered—she was asked that in the committee—she said probably (2005); Kennedy v. Louisiana, 129 S.Ct. 1 (2008). The motion was agreed to. Consistent with this precedent, I do not be- not in the best interests of the steer, lieve the death penalty is unconstitutional. f sir. But then you have to look beyond Senator SESSIONS also claimed that EXECUTIVE SESSION that. I mean, the steer is going to lose Bill Martinez stated empathy can be its life. It is a painful situation. And taken into consideration with legal de- steers, evidence has shown, may have cisions. This is misleading and the NOMINATION OF BENITA Y. PEAR- some idea or apprehension about the record states otherwise. SON TO BE UNITED STATES DIS- slaughter that is impending. But the From the Martinez Hearing: TRICT JUDGE FOR THE NORTH- next step is, is it necessary to slaugh- Senator Sessions: Do you think that it’s ERN DISTRICT OF OHIO ter the steer in order to provide food ever proper for judges to indulge their own for those who might otherwise go hun- subjective sense of empathy in determining gry or perhaps be malnourished with- NOMINATION OF WILLIAM JOSEPH what the law means? out the sustenance that this steer’s Martinez Response: No. MARTINEZ TO BE UNITED flesh and hide could provide in terms of Let me end on this note. Bill Mar- STATES DISTRICT JUDGE FOR clothing and matters necessary for the tinez is a man of high character, he is THE DISTRICT OF COLORADO well-being of animals. a good man, and he will make an excel- The PRESIDING OFFICER. Under Basically, what I understand this to lent Federal judge. Let us vote to con- the previous order, the Senate will go be is that she is suggesting a court firm Bill Martinez to the Colorado U.S. into executive session to consider the should enter into some sort of bal- District Court. following two nominations, which the ancing test on whether it is legitimate Mr. President, I yield the floor. clerk will report. The PRESIDING OFFICER (Mr. to slaughter a steer, and also she is a The legislative clerk read the nomi- member of the ALDF, the defense of BEGICH). Under the previous order, the nation of Benita Y. Pearson, of Ohio, to second-degree amendment is with- animals group, that is very extreme in be United States District Judge for the drawn. The question is on agreeing to its views. Northern District of Ohio. For that reason, the National Cattle- the motion to concur. The legislative clerk read the nomi- Mr. UDALL of Colorado. Mr. Presi- man’s Beef Association and the Farm nation of William Joseph Martinez, of dent, I ask for the yeas and nays. Animal Welfare Coalition strongly op- The PRESIDING OFFICER. The yeas Colorado, to be United States District pose the nomination. I think her views and nays have been ordered. Judge for the District of Colorado. on this issue are out of the main- The clerk will call the roll. Who yields time? The Senator from stream. The bill clerk called the roll. Alabama. I yield the floor and reserve the re- Mr. DURBIN. I announce that the Mr. SESSIONS. Mr. President, is mainder of my time. Senator from Indiana (Mr. BAYH) and there an agreement as to the time? The PRESIDING OFFICER. The Sen- the Senator from Oregon (Mr. WYDEN) The PRESIDING OFFICER. There is ator from Vermont. are necessarily absent. 8 minutes total, 4 minutes on each side Mr. LEAHY. Mr. President, President Mr. KYL. The following Senators are on both nominations in combination. Obama nominated William J. Martinez necessarily absent: the Senator from Mr. SESSIONS. Mr. President, I to fill a judicial emergency vacancy on Kansas (Mr. BROWNBACK), the Senator would assume the chairman, who will the District of Colorado last February. from New Hampshire (Mr. GREGG), and be speaking in favor, would want to go Mr. Martinez is a well-respected legal the Senator from Missouri (Mr. BOND). first, and I yield to Senator LEAHY. practitioner in Denver who has the The PRESIDING OFFICER. Are there Mr. LEAHY. No, go ahead. strong support of both of his home any other Senators in the Chamber de- The PRESIDING OFFICER. The Sen- State Senators. The statements earlier siring to vote? ator from Alabama. today from Senator UDALL and Senator

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S10886 CONGRESSIONAL RECORD — SENATE December 21, 2010 BENNET were compelling. They have firmed within days of being reported. troversy by unanimous consent. Some can- been steadfast, forthright and exceed- In addition, 15 nominations ready for didates have been named to judgeships whose ingly patient. I wholeheartedly agree final action are to fill judicial emer- vacancies have been designated as ‘‘judicial gency vacancies. With judicial vacan- emergencies’’ by the Judicial Conference, be- with them that Bill Martinez should cause of their high caseloads and the signifi- now, at long last, be confirmed. When cies at historic highs, we should act on cant periods of time that these judgeships he is, he will become only the second these nominations. During President have remained unfilled. Hispanic to serve Colorado as a district Bush’s first 2 years in office, the Sen- We believe that all judicial nominees ap- court judge. ate proceeded to votes on all 100 judi- proved by the Senate Judiciary Committee The Judiciary Committee favorably cial nominations favorably reported by are deserving of a prompt up-or-down floor reported his nomination over 8 months the Judiciary Committee. That in- vote. Thank you for taking the time to concluded controversial circuit court sider our views on this issue and for your ago, on April 15. It has been delayed leadership. ever since. In May we received a letter nominations reported during the lame- Sincerely, from the chief judge of the District of duck session after the election in 2002. JOHN E. NORDIN, II, Colorado, Judge Wiley Y. Daniel, urg- In contrast, during the first 2 years of Vice President for Membership, ing us to confirm Mr. Martinez because President Obama’s administration, the and Operations. without additional judges ‘‘it is impos- Senate has considered just 55 of the 80 Mr. LEAHY. Mr. President, today, sible for the court to possess the judi- judicial nominations reported by the the Senate is finally considering a judicial resources that are necessary to ef- Judiciary Committee. cial nomination that has been stalled fectively discharge the business of the Adding to the letters we have re- since February on the Executive Cal- court.’’ Despite that plea from the ceived recently urging us to take ac- endar. The nomination of Benita Y. chief judge of the district, the Senate tion to fill vacancies is one sent this Pearson to serve on the Northern Dis- has not been allowed to consider this week to the Senate leaders by the Na- trict of Ohio was reported favorably by nomination until today. tional Association of Assistant United the Judiciary Committee more than 10 This is another example of the unnec- States Attorneys, a group of career months ago. Judge Pearson is cur- essary delays that have led to a judi- prosecutors. John E. Nordin, vice presi- rently a Federal magistrate judge on cial vacancies crisis throughout the dent for membership and operations, the court to which she is nominated. country. Judicial vacancies have sky- writes: When confirmed, she will become the rocketed to over 100 while nominations Judicial vacancies in our federal courts are first African-American woman to serve are forced to languish without final reaching historic highs. Our members—ca- as a Federal judge in Ohio. reer federal prosecutors who appear daily in Senate action. In fact, President I have reviewed the record and con- federal courts across the nation—are considered the character, background and Obama’s nominees have been forced to cerned by the increasing number of vacan- wait on average six times longer to be cies on the federal bench. These vacancies qualifications of the nominee and join considered than President Bush’s judi- increasingly are contributing to greater with the Senators from Ohio, one a cial nominees reported by the Judici- caseloads and workload burdens upon the re- Democrat and the other a Republican, ary Committee during the first 2 years maining federal judges. Our federal courts in supporting this nominee. Frankly, of his Presidency. cannot function effectively when judicial va- the opposition is a dramatic departure I still do not understand why this cancies restrain the ability to render swift from the traditional practice of consid- and sure justice. nomination was subjected to a party- ering district court nominations with line vote before the Judiciary Com- I ask unanimous consent that this deference to the home State Senators mittee. I recall all the Bush nominees letter be printed in the RECORD. It con- that know the nominees and their dis- who were members of the Federalist cludes, ‘‘[w]e believe that all judicial tricts best. I commend Senator BROWN Society and other conservative litiga- nominees approved by the Senate Judi- on his statement in support of the tion centers who were confirmed just a ciary Committee are deserving of a nomination today. As he noted, he few years ago. Can it be that some are prompt up-or-down floor vote.’’ I agree worked closely with Senator seeking to apply a conservative activ- with these career Federal prosecutors VOINOVICH, the Republican Senator ist ideological litmus test and discount who understand the vital importance of from his State and a judicial screening Mr. Martinez’ qualifications and work functioning courts and rely on them commission in making this rec- experience? every day. It is time for the Senate to ommendation to the President. Our ranking Republican Senator, act on the dozens of judicial nominees The obstruction of these district that have been stalled from final con- Senator SESSIONS, reflected on the con- court nominations is unprecedented, a firmation process last year, saying: sideration before we adjourn. sign that a different standard is being There being no objection, the mate- applied to President Obama’s nominees What I found was that charges come flying rial was ordered to be printed in the in from right and left that are unsupported that has never before been applied to and false. It’s very, very difficult for a nomi- RECORD, as follows: the nominees of any President, Demo- nee to push back. So I think we have a high NATIONAL ASSOCIATION OF cratic or Republican. Out of the 2,100 responsibility to base any criticisms that we ASSISTANT UNITED STATES ATTORNEYS, district court nominees reported by the have on a fair and honest statement of the Lake Ridge, VA, December 17, 2010. Judiciary Committee since 1945, only facts and that nominees should not be sub- Hon. HARRY REID, five have been reported by party-line jected to distortions of their record. Majority Leader, U.S. Senate, The Capitol, Washington, DC. votes. Four of these party-line votes I listened closely to the Senator’s Hon. MITCH MCCONNELL, have been in this Congress, including statement against Mr. Martinez but Minority Leader, U.S. Senate, The Capitol, the two of the nominations we consider heard nothing about anything Mr. Mar- Washington, DC. today. In fact only 19 of those 2,100 tinez had done or even any position DEAR MAJORITY LEADER REID AND MINOR- nominees were reported by any type of taken by the Colorado ACLU in which ITY LEADER MCCONNELL: Judicial vacancies split rollcall vote at all, but five of Mr. Martinez was involved. There was in our federal courts are reaching historic them—more than 25 percent of the highs. Our members—career federal prosecu- nothing on which to base opposition to total—have been this Congress. this qualified nominee. Certainly not tors who daily appear in federal courts across the nation—are concerned by the in- The party-line vote against this nom- the ‘‘gotcha’’ questions he was asked creasing numbers of vacancies on the federal ination in the Judiciary Committee months ago. bench. These vacancies increasingly are con- was without explanation. Judge Pear- More than two dozen Federal circuit tributing to greater caseloads and workload son has been a Federal judge mag- and district court nominations favor- burdens upon the remaining federal judges. istrate for 8 years and a prosecutor be- ably reported by the Judiciary Com- Our federal courts cannot function effec- fore that. Nothing in her professional mittee still await a final Senate vote. tively when judicial vacancies restrain the background justifies the delay or oppo- These include 17 nominations reported ability to render swift and sure justice. As you know, thirty-eight judicial can- sition to this nomination. unanimously and another 2 reported didates have been approved by the Senate At her hearing, there were some who with strong bipartisan support and Judiciary Committee and await a Senate tried to make a mountain out of a mole only a small number of no votes. These floor vote. A large number of these can- hill with respect to a statement she nominations should have been con- didates have been approved without con- made about animals. I just worked

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 21, 2010 CONGRESSIONAL RECORD — SENATE S10887 with Senator KYL and Senator Mr. UDALL of Colorado. I rise to sup- The clerk will call the roll. MERKLEY on a constitutional, legal port the nomination of Bill Martinez. The legislative clerk called the roll. prohibition against vicious videos that Senator LEAHY made the case for his Mr. DURBIN. I announce that the show animals being crushed. That bill nomination and for him to be con- Senator for Indiana (Mr. BAYH), and passed unanimously. No Senators firmed. I have great affection for my the Senator from Oregon (Mr. WYDEN) thought twice about approving that friend from Alabama, but I want to set are necessarily absent. important legislation. I remember a the record clear that Bill Martinez did Mr. KYL. The following Senators are couple of years ago when a famous pro- not work for the ACLU, he advised the necessarily absent: the Senator from fessional football player went to prison ACLU. If we are going to raise that Kansas (Mr. BROWNBACK), the Senator for his participation in a dog fighting standard and change the rules, then we from New Hampshire (Mr. GREGG), and ring. Many Americans were outraged ought to remember that the Bush the Senator from Missouri (Mr. BOND). by those activities and no Senator nominations often included Federalist The PRESIDING OFFICER. Are there questioned the State and Federal laws Society members and contributors. any other Senators in the Chamber de- against such activities. Are those who We ought to be careful about setting siring to vote? oppose this nomination also now op- false standards. Bill Martinez was rec- The result was announced—yeas 56, posed to the Humane Society of the ommended by a bipartisan nominating nays 39, as follows: United States and to the legislative ac- commission that Senator BENNET and I [Rollcall Vote No. 290 Ex.] tions we took since they involved ani- created. He is a good man. His story is YEAS—56 mals? a quintessential American story. He Akaka Gillibrand Murray I join the Senators from Ohio in urg- will be an excellent judge. I urge us all Baucus Hagan Nelson (FL) ing the Senate to confirm Judge Pear- to vote for his confirmation today. Begich Harkin Pryor son without further delay. Bennet Inouye Reed I yield the floor. Bingaman Johnson The PRESIDING OFFICER. The Sen- Reid The PRESIDING OFFICER. The Sen- Boxer Kerry Rockefeller ator from Ohio. ator from Alabama. Brown (OH) Klobuchar Sanders Mr. BROWN of Ohio. Mr. President, Cantwell Kohl Schumer Mr. SESSIONS. How much time is re- Cardin Landrieu there has been concern, as the chair- Shaheen maining on this side? Carper Lautenberg Specter man pointed out and the ranking mem- Casey Leahy The PRESIDING OFFICER. The Sen- Stabenow ber pointed out, on Benita Pearson’s ator has 1 minute 5 seconds. Conrad Levin views on animal law. With all due re- Coons Lieberman Tester Mr. SESSIONS. Mr. President, Mr. Udall (CO) spect to my colleague, you know it is a Dodd Lincoln Martinez, I know, has a lot of good sup- Dorgan Manchin Udall (NM) red herring. If you look at the record of porters and friends, as I have noted. Durbin McCaskill Voinovich Warner Ohio’s Northern District, which goes But he did refuse to answer a simple Feingold Menendez back to 1839, there has been exactly Feinstein Merkley Webb question of whether the U.S. Constitu- Franken Mikulski Whitehouse one case on animal welfare. Some 20 tion prohibits the death penalty, which NAYS—39 years ago, the Cleveland Zoo was sued I believe the ACLU, of which he was a to stop the transfer of Timmy the go- member and a member of the legal Alexander DeMint Lugar rilla to the Bronx Zoo—I am not mak- Barrasso Ensign McCain panel, definitely favored. Bennett Enzi McConnell ing this up—from transferring Timmy I do believe Judge Pearson’s view Brown (MA) Graham Murkowski the Gorilla to the Bronx Zoo for mat- that somehow there should be a bal- Bunning Grassley Nelson (NE) Burr Hatch Risch ing purposes. The case was dismissed. ancing test about whether we should One case in 170 years. Chambliss Hutchison Roberts actually slaughter a steer based on the Coburn Inhofe Sessions Judge Pearson is qualified, say the need for food or hide is an extreme Cochran Isakson Shelby two former presiding judges, Chief Collins Johanns Snowe view also. Corker Kirk Thune Judges Carr and White, and the sitting We have had about 15 members of the presiding judge, Judge Oliver from the Cornyn Kyl Vitter ACLU confirmed by this administra- Crapo LeMieux Wicker Northern District—a combined 50 tion. But we expect this President to NOT VOTING—5 years’ experience on the district court. submit mainstream judges. The ACLU Judge James Carr, the Chief U.S. Dis- Bayh Brownback Wyden is not mainstream in its positions. I do trict Judge at the time of her nomina- Bond Gregg believe the administration needs to un- tion, lauded Judge Pearson as ‘‘a splen- The nomination was confirmed. derstand that this is going to be a more did choice . . . eminently well-qualified The PRESIDING OFFICER. The contentious matter if we keep seeing by intelligence, experience . . . and ju- question is, Will the Senate advise and the ACLU chromosome as part of this dicial temperament.’’ His successor, consent to the nomination of William process. Chief Judge Solomon Oliver, is just as Joseph Martinez, of Colorado, to be The PRESIDING OFFICER. The Sen- supportive of her nomination. U.S. District Judge for the District of So is former Chief Judge George ator’s time has expired. Colorado? White, who wrote that: The Senator from Vermont. Mr. VOINOVICH. I ask for the yeas Mr. LEAHY. Mr. President, I would Magistrate Judge Pearson’s record as a Ju- and nays. dicial Officer and her litigation and business like nothing better than to vote on the The PRESIDING OFFICER. Is there a experience do more than idly suggest her judges. We have a number of them who sufficient second? readiness to assume the position of District came out unanimously from the Senate There appears to be a sufficient sec- Court Judge. Taken all together, you will be Judiciary Committee. My friends from ond. hard-pressed to find a more suitable can- the other side are not even allowing The clerk will call the roll. didate. votes on them. The assistant legislative clerk called Mr. BROWN of Ohio. These judges We did not do that to President Bush the roll. have made glowing reports on Judge in his first 2 years. Mr. DURBIN. I announce that the Benita Pearson, who has been a mag- The PRESIDING OFFICER. The Sen- Senator from Indiana (Mr. BAYH) and istrate, a CPA, practiced privately, ator’s time has expired. the Senator from Oregon (Mr. WYDEN) worked for the U.S. Attorney’s Office. The question is, Will the Senate ad- are necessarily absent. She will be the first African-American vise and consent to the nomination of Mr. KYL. The following Senators are woman to sit on the Federal bench in Benita Y. Pearson, of Ohio, to be necessarily absent: the Senator from Ohio. She has been supported by Sen- United States District Judge for the Kansas (Mr. BROWNBACK), the Senator ator VOINOVICH and a bipartisan com- Northern District of Ohio? from New Hampshire (Mr. GREGG), and mission of 17 lawyers who picked her. Mr. SESSIONS. Mr. President, I ask the Senator from Missouri (Mr. BOND). She is a great choice. I ask the concur- for the yeas and nays. The PRESIDING OFFICER. Are there rence of my colleagues. I yield to Sen- The PRESIDING OFFICER. Is there a any other Senators in the Chamber de- ator UDALL. sufficient second? siring to vote? The PRESIDING OFFICER. The Sen- There appears to be a sufficient sec- The result was announced—yeas 58, ator from Colorado. ond. nays 37, as follows:

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S10888 CONGRESSIONAL RECORD — SENATE December 21, 2010 [Rollcall Vote No. 291 Ex.] CLOTURE MOTION Who yields time? YEAS—58 We, the undersigned Senators, in accord- The Senator from Idaho. Akaka Franken Murray ance with the provisions of rule XXII of the PREDATOR WOLVES Baucus Gillibrand Nelson (NE) Standing Rules of the Senate, hereby move Mr. CRAPO. Madam President, I wish Begich Hagan Nelson (FL) to bring to a close debate on Treaties Cal- to rise to speak about an issue that has Bennet Harkin endar No. 7, Treaty Document No. 111–5, the Pryor been at the center of debate in the Bingaman Inouye Reed START treaty. Boxer Johnson Reid northern Rockies for quite some time; Brown (MA) Kerry Harry Reid, Joseph I. Lieberman, John Rockefeller D. Rockefeller, IV, Byron L. Dorgan, that is, the issue of the wolf. The wolf Brown (OH) Klobuchar Sanders Cantwell Kohl John F. Kerry, Sheldon Whitehouse, was introduced into the northern Schumer Cardin Landrieu Rockies in the 1990s and has flourished. Shaheen Mark L. Pryor, Jack Reed, Robert Carper Lautenberg Menendez, Mark Begich, Benjamin L. Wolves are now abundant in the region, Casey Leahy Specter Stabenow Cardin, Kent Conrad, Bill Nelson, Amy but, unfortunately, we have not been Collins Levin Klobuchar, Patty Murray, Barbara A. Conrad Lieberman Tester able to return the management of the Coons Lincoln Udall (CO) Mikulski, Christopher J. Dodd, Richard wolves to the State, mostly due to liti- Dodd Manchin Udall (NM) G. Lugar. gation and to the inflexibility of the Dorgan McCaskill Warner The PRESIDING OFFICER. By unan- Durbin Menendez Webb Endangered Species Act. In the mean- Feingold Merkley Whitehouse imous consent, the mandatory quorum time, wolf populations are growing at a Feinstein Mikulski call has been waived. rate of about 20 percent a year, result- The question is, Is it the sense of the NAYS—37 ing in substantial harm to our big Senate that debate on Treaty Docu- game herds and domestic livestock. Alexander Enzi McConnell ment No. 111–5, the New START treaty, Barrasso Graham Murkowski Whenever I am back in Idaho, I hear Bennett Grassley Risch shall be brought to a close? from hunters who are angry their fa- Bunning Hatch Roberts The yeas and nays are mandatory vorite hunting spots are no longer rich Burr Hutchison Sessions under the rule. with elk and deer or from sheep and Chambliss Inhofe Shelby The clerk will call the roll. Coburn Isakson cattle ranchers who have lost many a Snowe The legislative clerk called the roll. Cochran Johanns Thune head of cattle or sheep due to the wolf Corker Kirk Mr. DURBIN. I announce that the Vitter predation. Cornyn Kyl Voinovich Senator from Indiana (Mr. BAYH) and Crapo LeMieux The State of Idaho has done every- Wicker the Senator from Oregon (Mr. WYDEN) DeMint Lugar thing it has been asked to do in order Ensign McCain are necessarily absent. to manage wolves, and we continue to Mr. KYL. The following Senators are NOT VOTING—5 be denied that much needed oppor- necessarily absent: the Senator from tunity. As such, it is time for Congress Bayh Brownback Wyden Missouri (Mr. BOND), the Senator from Bond Gregg to act. Kansas (Mr. BROWNBACK), and the Sen- I intend to make a unanimous con- The nomination was confirmed. ator from New Hampshire (Mr. GREGG). sent request in a few moments. First, I The PRESIDING OFFICER. Under The PRESIDING OFFICER (Mrs. yield a few moments to my colleague the previous order, the motions to re- ILLIBRAND G ). Are there any other Sen- from Idaho, Senator RISCH. consider are considered made and laid ators in the Chamber desiring to vote? Mr. RISCH. Madam President, I join upon the table, and the President will The yeas and nays resulted—yeas 67, my colleague from Idaho in under- be immediately notified of the Senate’s nays 28, as follows: scoring the difficulty we have on this action. [Rollcall Vote No. 292 Ex.] issue. Most people on this floor don’t f YEAS—67 have a full appreciation of what those TREATY WITH RUSSIA ON MEAS- Akaka Feinstein Murkowski of us in the West have to deal with. Alexander Franken Murray Two out of every three acres in Idaho URES FOR FURTHER REDUCTION Baucus Gillibrand Nelson (NE) AND LIMITATION OF STRATEGIC Begich Hagan Nelson (FL) are owned by the Federal Government. OFFENSIVE ARMS—Resumed Bennet Harkin Pryor The Federal Government came in, in Bennett Inouye Reed the mid-1990s, and forced the wolf upon The PRESIDING OFFICER. The Bingaman Isakson Reid the State. The Governor didn’t want it, clerk will report the treaty. Boxer Johnson Rockefeller Brown (MA) Kerry the legislature didn’t want it, and the Sanders The assistant legislative clerk read Brown (OH) Klobuchar Schumer congressional delegation didn’t want as follows: Cantwell Kohl it. Nonetheless, the Federal Govern- Cardin Landrieu Shaheen Treaty with Russia on Measures for Fur- Snowe ment brought us 34 wolves. Now they ther Reduction and Limitation of Strategic Carper Lautenberg Casey Leahy Specter have turned into well over 1,000, and Offensive Arms. Cochran Levin Stabenow nobody knows exactly how many Pending: Collins Lieberman Tester Conrad Lincoln Udall (CO) breeding pairs there are. The result is Corker modified amendment No. 4904, to Coons Lugar Udall (NM) that there has been tremendous havoc provide a condition and an additional ele- Corker Manchin Voinovich wreaked on our preferred species in ment of the understanding regarding the ef- Dodd McCaskill Warner Idaho, the elk. We have done an out- Dorgan Menendez fectiveness and viability of the New START Webb standing job of managing elk, the pre- Treaty and United States missile defenses. Durbin Merkley Whitehouse Feingold Mikulski ferred species, but they are also the The PRESIDING OFFICER. There NAYS—28 preferred species for the wolf to eat. will now be 4 minutes of debate equally They are not vegetarians. Barrasso Graham McConnell divided and controlled between the two As a result, we have had a tremen- leaders or their designees. Bunning Grassley Risch Burr Hatch Roberts dous problem with wolves in Idaho, and Who yields time? Chambliss Hutchison Sessions we have brought a bill to the Senate to The Senator from Massachusetts. Coburn Inhofe Shelby turn the management of wolves over to Mr. KERRY. Mr. President, I believe Cornyn Johanns Thune Crapo Kirk the State. All the other animals are the Senator from Arizona is prepared Vitter DeMint Kyl Wicker managed by the State. We have done a to yield back time, and I will also yield Ensign LeMieux great job for well over 100 years of Enzi McCain back time. managing two other difficult predators, CLOTURE MOTION NOT VOTING—5 the bear and various cats. We have The PRESIDING OFFICER. Having Bayh Brownback Wyden done it responsibly, on a sustained all time yielded back, pursuant to rule Bond Gregg basis, and we want to do the same XXII, the Chair lays before the Senate The PRESIDING OFFICER. On this thing with wolves. the pending cloture motion, which the vote, the yeas are 67, the nays are 28. The Federal Government has to let clerk will state. Three-fifths of the Senators duly cho- go of this. We have tried. We have the The assistant legislative clerk read sen and sworn having voted in the af- Federal courts that have stepped in. I as follows: firmative, the motion is agreed to. don’t quite understand how the Federal

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 21, 2010 CONGRESSIONAL RECORD — SENATE S10889 court can claim the wolf is still an en- Mr. CRAPO. Madam President, I ap- necessary, to try to find our way to dangered species, when they can turn preciate the comments of my colleague that solution. I appreciate the willing- 34 wolves into over 1,000 and the popu- from Maryland and I appreciate work- ness of both Senators to work with us lation has exploded. Nonetheless, they ing with him on the committee and I in trying to find that compromise that have. It is time for Congress to act. intend to continue working with him. will work. I yield back to Senator CRAPO. This is an issue of utmost importance The PRESIDING OFFICER. The Sen- Mr. CRAPO. Madam President, I will in those States in this region of the ator from Texas is recognized. make this request on behalf of myself, United States. The longer we wait to FCC VOTE ON INTERNET REGULATION Senator RISCH, and the Senators from resolve this issue, the more difficult it Mrs. HUTCHISON. Madam President, Utah, Mr. HATCH and Mr. BENNETT, and will be. Cooperation is the key in order I know the subject we are on now is the the Senators from Wyoming, Mr. ENZI for us to get this resolution accom- New START Treaty. It is a very impor- and Mr. BARRASSO. plished. tant subject. I appreciate so much all I ask unanimous consent that the I thank the Chair. I yield the floor. the debate we have had. I hope we will Committee on Environment and Public Mr. BAUCUS. Madam President, I be able to go forward and allow people Works be discharged from further con- say to all my friends, it is imperative to have amendments within this time sideration of S. 3919, and that the Sen- we work together to find a com- because it is a huge issue for our coun- ate proceed to its immediate consider- promise. As both Senators from Idaho try. ation; that the bill be read the third know, you and other Senators have I wish to speak on a different subject time and passed; that the motions to been working on a compromise. Under right now because it is so timely. reconsider be laid upon the table, and that compromise, Idaho could have a Today, the Federal Communications that any statements relating to the wolf hunt, as they should. The State of Commission voted 3 to 2 to impose new measure be printed in the RECORD, as if Montana could have a wolf hunt, as regulations on the Internet. This is an read. Montana should. Northern Utah could. unprecedented power grab by the The PRESIDING OFFICER. Is there All wolves in Utah would be off the en- unelected members of the Federal objection? dangered species list. I and others have Communications Commission, spear- Mr. CARDIN. Madam President, re- suggested that wolves in northern Utah headed by its chairman. serving the right to object, and I do in- be totally off the endangered species The FCC is attempting to push exces- tend to object, first, let me point out list. This proposal we have been work- sive government regulation of the to Senator CRAPO, he and I have ing on—you, myself, and others, in- Internet through without congres- worked together on the Water and cluding Secretary Salazar and the As- sional authority. These actions threat- Wildlife Committee and the Environ- en the very future of this incredible ment and Public Works Committee. I sistant Secretary of the Interior, Fish and Wildlife Services, a short time ago, technology. The FCC pursuit of Net think we have had a fine relationship neutrality regulations involves claim- all agreed we should allow wolf hunts over the past couple years, and we have ing authority under the Communica- in all the States I mentioned. Yet I worked together on a series of bills tions Act that they do not have. Con- have to be honest, your side of the aisle that I think will improve water and gress did not provide the FCC author- has objected to that. You are not com- wildlife in this Nation. This legislation ity to regulate how Internet service ing up with a total abolition, taking has not had a hearing and has not been providers manage their network, not the wolf out of the Endangered Species approved by the Environment and Pub- anywhere in the Communications Act Act. That is a solution that will not lic Works Committee. It deals with un- nor any other statute administered by pass. We need a compromise. dermining one of the most important the Commission. I end where I began. I strongly urge laws in our country, the Endangered Adopting and imposing Net neu- Senators, next year, to keep working Species Act. That is one of our most trality regulations is, in effect, legis- important environmental laws and has on a compromise. This is not going to lating. It takes away the appropriate protected iconic species such as the work when the House passes a bill that role of Congress in determining the bald eagle. The act has long enjoyed bi- totally takes the wolf off the Endan- proper regulatory framework for the partisan support. President Nixon gered Species list, which I know is the fastest growing sector of our economy. signed the ESA into law on December game plan. If that happens, we are The real-world impact of the FCC’s ac- 28, 1973. back into the soup again. Let’s find a tion today is that it will be litigated. It This bill attempts to solve politically solution and compromise that achieves will take 18 months to 2 years to sort what should be done by good science. the results we all want. It is within our through the briefings and the court de- Despite many disagreements in the reach. It is right there. Because of this cisions, and it will probably go to the more than three decades of the ESA, interchange, we will not get it done Supreme Court of the United States. In there has never been a removal of a this year. Our States desperately need the meantime, capital investment will species by Congress. Also, there have a solution. That proposal was the solu- slow in core communications networks, been efforts made to work out a rea- tion. It was a compromise that and I cannot think of a worse possible sonable compromise as it relates to the achieved the results intended. I very time for that, as we attempt to create wolf. It is my understanding that it has much hope we can find a compromise jobs and fuel a recovery from the most been blocked on the Republican side in to resolve this. significant recession in years. trying to get that compromise brought Mr. CRAPO. Madam President, the Elected representatives should deter- forward. compromise the Senator from Montana mine if regulation is necessary in this I will make one more suggestion to refers to—and he is correct, we have area. Hearings would bring opposing my friend, Senator CRAPO. As you been intensely working on this issue to parties to the table, and the process know, the work product of our sub- find a compromise with the adminis- would be open. Instead, an unelected committee, along with other bills in tration and the affected States. The and unaccountable group of regulators the Environment and Public Works compromise he refers to would have re- are creating new authority to inter- Committee, and some lands bills have quired a change in the management of vene in an area that represents one- been combined into one bill, Calendar the wolf in Idaho that was unaccept- sixth of the Nation’s economy. No. 30, S. 3003. I encourage the Senator able to the Governor in Idaho and oth- I wish to go through a few of the spe- to look at that package. If we can get ers, including myself and Senator cific provisions in this FCC order. The consent to include a compromise on RISCH. Although there was a proposal first one is an order to require the gray wolf, we would be willing to made, it is not correct that it was ap- broadband providers, such as Comcast try to get it done in the remaining proved by everybody. I believe, though, and AT&T, to allow subscribers to send hours of this session. I offer that to my we are making progress. and receive any lawful Internet traffic, friend. I am willing to work with the Sen- to go where they want, say what they Madam President, in its current ator from Montana and the Senator want, to use any nonharmful online de- form, I do object. from Maryland and others to try not vices or applications they want to use. The PRESIDING OFFICER. The Sen- only to find further progress at this These principles are widely sup- ator from Idaho has the floor. late date in this session or next year, if ported. I don’t object and neither

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S10890 CONGRESSIONAL RECORD — SENATE December 21, 2010 would probably anyone. However, these the competitive advantage from some- munications markets. The threat that principles are already in use. We don’t thing new, they have to now expose it the Commission might later apply the need a big regulatory intervention to to all of their competitors by going wireline prohibitions it has ordered accomplish these principles. It is the through a regulatory adjudication at today to this wireless marketplace is a rest of the order that is diametrically the FCC. major concern. opposed to this statement of openness Let me give an example of what I commend the two members of the and freedom. It installs a government could happen. Commission who dissented in the vote arbiter to force their idea of freedom A hospital might want to work with today—Rob McDowell and Meredith on the users of the Internet and on the a provider, such as Verizon, to offer a Atwell Baker. They each did op-eds, companies that are trying to make the new telemedicine service for Verizon one in the Wall Street Journal and one Internet the economic engine of Amer- subscribers that allows patients at in the Washington Post. I would say ica. home to interact with their doctors via the common theme is that this is a so- The first provision that deals with high-definition video and uninterrup- lution where there is no problem. We this is that networks must be trans- tible remote medical monitoring. have an open Internet. We have an parent. It says networks must be trans- In order to do this, Verizon might Internet that is working. It does not parent about how they manage their have to prioritize that telemedicine need the heavy hand of government. It networks, i.e., decisions about engi- traffic ahead of regular Internet traffic does not need a government prism neering, traffic routing, and quality of to ensure the appropriate quality of through which to determine if the service. Transparency requirements service, particularly if there is a life- Internet providers are doing an allow- usually translate to reporting and con- threatening situation. able service. We have a marketplace, sumer disclosure requirements that are The FCC order allows the Commis- and the marketplace is working. heavily prescribed and expensive to sion to determine on a case-by-case This is a time for Congress to take a comply with, and the possible disclo- basis whether such prioritization is ac- stand. These regulations will raise un- sure of proprietary information could tually unreasonable discrimination be- certainty about the methods and prac- affect competition. The real-world im- cause presumably the hospital that is tices communications companies may pact of this is higher costs to con- offering the service would be giving use to manage their networks. Heavy- sumers. The Commission will increase better treatment for that telemedicine handed regulation threatens invest- regulatory reporting and consumer dis- traffic than the user’s regular traffic. ment and innovation in broadband closure requirements as a result of this Going through a whole regulatory services, placing valuable American provision, and the cost will be passed process in order to offer that service is jobs at risk. Why would this be happening in a re- along to, of course, the consumers in a burden we do not need and that will cession where we are trying to increase the form of more expensive services. stifle the innovation that has been a jobs, where we are trying to stop the The second provision is that you may hallmark of the Internet, which led to trajectory of unemployment in our not unreasonably discriminate. The the explosion of opportunities there. The Commission says it wants inno- country? FCC’s order states that providers may We need to lay off, and it is time for not unreasonably discriminate against vation to occur, but the language of the order clearly discourages innova- Congress to take a stand. Individuals lawful Internet traffic. That sounds and businesses alike are rightfully con- tion by forcing companies to pass fine. But the devil is in the details. The cerned about government attempts to through a government regulatory turn- term is vaguely defined in the order, seize control of the Internet. Senator and how the FCC interprets and en- stile to determine whether a particular ENSIGN, who is the ranking member of service, an innovative service, some- forces what is unreasonable will deter- a Commerce subcommittee—I am the thing new that might be a competitive mine how limiting this restriction is. ranking member on the full Commerce advantage, something new for quality For instance, if a provider notices that Committee—together we are going to of life, should be allowed. This puts the a small number of users are sharing submit a resolution of disapproval FCC in the position of picking winners huge files that are leading to conges- under the Congressional Review Act in and losers among the new innovative tion on the network and determines an effort to overturn this troubling that slowing down those connections services, and it certainly slows down regulatory overreach by the FCC. It is would relieve the congestion for the the opportunity to have new things time for Congress to say we have not majority of other users, the FCC would coming on the market in what is usu- delegated this authority to the FCC. have the right, under this order, to de- ally a fast-paced economic environ- The FCC tried to do this once before termine that such an action is unrea- ment. using another part of the Communica- sonable. In some cases, this may be enough to tions Act. They were struck down by The real-world impact is that this discourage providers from even enter- the courts. Now they have gone to a would diminish the company’s flexi- ing into the special arrangements nec- different interpretation in a different bility in managing their own services. essary to offer such services. It is a section of the act to try to gain the ca- The unreasonable discrimination provi- cumbersome process and, furthermore, pability to obstruct freedom on the sion could undermine the providers’ it is unnecessary. Internet. ability to manage their network and In another provision, the FCC order It is a huge and serious issue on guarantee all the users a high quality will treat wireless broadband services which I hope Congress will take the of service. Companies that build and more lightly than wireline broadband reins and say to the FCC: If we need maintain the networks that make up services, at least for now. The FCC re- regulation in this area, Congress will the Internet need the flexibility to serves rights in this order, which are do it. manage the exploding demand for serv- taken without congressional authority, We are elected. We are accountable. ices on their network. in my opinion—and certainly the People can vote what they believe is Regrettably, the FCC’s order curtails courts will litigate that and make its the right approach by what we do. The that by establishing that the FCC decisions—the FCC reserves the right FCC is not accountable to the people of would be an approval portal that com- to regulate wireless just as harshly in our country. Yes, they are accountable panies would have to pass through to the future as they are now attempting to the President and the votes for to- manage their day-to-day operations. to regulate wireline. For now, wireless day’s order were from Presidential ap- Surely, there is a better way. providers will have more leeway to in- pointees of this administration. It is The next provision requires that novate and to manage their networks. another big government intervention broadband providers must justify new But how much investment are they where we do not need to suppress inno- specialized services. Under the FCC or- going to make for the long term if they vation. ders, providers would now have to come do not know what the FCC might fore- What we need is to embrace innova- to the FCC in order to offer consumers see in the future that needs fixing, tion so we can create jobs in this coun- a new service, something that would be even if it is not apparently broken. try with the freedom that has marked creative and innovative. Instead of of- The real world impact is that wire- the economic vitality of America for fering it to the marketplace and having less is the fastest growing area of com- over 200 years.

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The Sen- lower than expected bid prices is an example size the point that whenever I look at ator from Maryland. of what good competition can do. a national security issue, I want to get Mr. CARDIN. Madam President, I un- It was a competitive bid. I think the the best advice I can from the experts— derstand Senator SESSIONS is on the Navy may have made a mistake in not from our military experts, from our ex- floor and wishes to speak. I ask unani- allowing more benefit to the bidders perts who are charged with making mous consent that the Chair recognize based on how valuable the ship was, sure we have the best intelligence to Senator SESSIONS, and after Senator the total value, but they made it a rig- protect the security of America, from SESSIONS, recognize myself and then orous cost competition and apparently our diplomatic experts, who under- Senator SHAHEEN, so we stay in order, got very good bids. The average bids stand the ramifications of what we do if that is agreeable. were, as I said, $450 million. here and around the world in other Mr. SESSIONS. It is agreeable to me. The Chief of Naval Operations, ADM areas of concern for national security. The PRESIDING OFFICER. Without Gary Roughead, on December 14—a few I would say it is unanimous that the objection, it is so ordered. days ago—testified before the Armed experts are telling us it is in the secu- The Senator from Alabama. Services Committee. He said: rity interests of the United States to Mr. SESSIONS. Madam President, I I think the two different types [of ships] ratify the New START treaty. wish to take a brief moment to express give us a certain amount of flexibility, Mr. SESSIONS. Madam President, my pleasure in the fact that the con- versatility that one would not, and as I would the Senator yield for a moment? tinuing resolution that passed and will talked earlier about this ability to mix the Mr. CARDIN. I will be glad to yield. now be going to the House had within capabilities of a force that we put in there. Mr. SESSIONS. Madam President, I it a provision to allow the Navy to This may have been when I asked a want to make a 1-minute comment award the littoral combat ship com- question about it at that same hearing. about a Navy fellow who has been in petition to two of the bidders. It took He said: my office. I am reluctant to interrupt, a bit of a modification of the procedure I . . . believe that the designs of the ships but the Senator is so eloquent, I know to allow them to do that. It is a prod- and the flexibility of the ships . . . and also he can handle the interruption almost uct of good news. the cost of these ships open up potential of better than anybody else. At one point in the late nineties, I foreign military sales that would otherwise CDR Brent Breining has been as- chaired the Seapower Subcommittee of not be there. signed to my office for the year by the the Armed Services Committee. I have In other words, not only could we Navy. I hope it has been beneficial to been a member of it. I have seen the de- create jobs, perhaps 3,000 to 4,000 jobs him. I think it has been. It has cer- velopment of the littoral combat ship immediately, but many of our allies, tainly been beneficial to us on a host of concept. ADM Vern Clark determined with the approval of the Defense De- matters. He is a man of ability, of in- it was the future of the Navy. We ex- partment, might want to buy these tegrity and hard work, and he symbol- pect to have 55 of them in the fleet. ships for their fleets, and we would izes the kind of bright young men and They would be manned by only 40 sail- have the ability to export these prod- women we have so many of in our mili- ors. They would be high speed, able to ucts abroad. tary. I wanted to take this moment to travel in shallow waters, and be effec- Having been involved in seeing the express my appreciation for his fabu- tive for pirates or be effective for mine vision of the Navy over a decade plus lous service. sweeping and other activities of that and to see that finally come to fruition I thank the Chair, I yield the floor, nature. is good. One Navy official was quoted and I thank my colleague for letting The House put in this language. We in one of the major publications as say- me interrupt him. had a hearing in the committee a few ing the nature of these competitions is Mr. CARDIN. I am glad I yielded to days ago with Admiral Roughead and such there be a 100-percent chance of a Senator SESSIONS for that point be- Navy officials, Secretary of the Navy protest, whichever one won the bid, cause I do believe the fellows from the Mabus, and representatives from the and one reason is because the bid was military assigned to our offices are ex- CRS, GAO and CBO—those ABC agen- so close. We will avoid a protest and tremely valuable in our work. I was cies that evaluate these kinds of pro- will be able to move forward, get the fortunate to have CDR Andre Coleman posals—and it has moved forward. ships faster, lock in the lowest possible in my office from the Navy, and I can I thank Senator LEVIN for his leader- cost, clearly lower than what would be tell you that what I learned from his ship. I thank Senator INOUYE and Sen- otherwise, and maybe even be able to presence in my office was important to ator COCHRAN on our side and the save enough money to build an even me, and I think it really made me House leaders also who saw fit to sup- larger ship with it. much more informed when it came to port the Navy’s idea. It is not a plan I I thank my colleagues who worked decisions I have had to make in the suggested, but it is one I believe is on this issue. I believe it will be a good Senate. So this program is a very valu- good. thing. One of the ships will be built in able program. The good news is this was enabled by my hometown of Mobile, AL. I know I was pleased to yield to the Senator the fact that as a surprise, the bids on how excited the workers at the ship- so he could recognize the person in his the ships were very much below what yards will be to hear they will have office. He is from the Navy? He is a was anticipated. The legislation re- jobs in the future producing one of the Navy officer? quired that the bids come in under $480 finest, most modern warships in the Mr. SESSIONS. A Navy officer, yes. million per ship, and it looks as if history of the Navy. Mr. CARDIN. Navy officers are al- these bids are going to be at $450 mil- I yield the floor. ways the best, and coming from Mary- lion. By having both shipyards go for- The PRESIDING OFFICER. The Sen- land, where we have the Naval Acad- ward, the Navy gets a fixed price ator from Maryland. emy, we were pleased to provide some today. In other words, if aluminum Mr. CARDIN. Madam President, we help to the Senator from Alabama. goes up or electricity goes up, the ship- are now only hours away from when we If I can continue on the New START yards are going to eat it. We will bring will have a chance to vote on the ratifi- treaty, the real test here is the na- on both ships at the same time. cation of the New START treaty. The tional security of our Nation. When Not only that, but we would get 20 Senate has invoked cloture, so we are you listen to the advice given to us by ships total in this first tranche of ships in that 30-hour postcloture period. We our military experts, they tell us the rather than 19. In addition to that, the are now in a period where we need to ratification of New START will en- Navy scores that it will save $1 billion, consider some additional amendments, hance our national security. When you

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So there When you talk to the political experts, gives us the ability to continue to lead are some specific subject areas that are those who are charged with managing internationally not just on strategic not specifically dealt with. In some our foreign policy considerations arms reduction but on nonproliferation cases, the consolidations may not be around the world, they tell us the rati- issues. So for all those reasons, I would technically related. For example, Sen- fication of New START will help pro- urge my colleagues to vote for ratifica- ator LEMIEUX would like to add to one tect our national security interest. tion. of the amendments his language deal- The reason is that when you look at The PRESIDING OFFICER (Mr. BEN- ing with tactical weapons taken from this treaty and find out what is in this NET). The Senator from Massachusetts. his treaty amendment but to conform treaty that restricts what the United Mr. KERRY. I wish to thank the Sen- it to a resolution of ratification States can do and you look at the num- ator from Maryland for being a terrific amendment. So we may be even com- ber of deployed warheads and the num- member of the Foreign Relations Com- bining some subjects that don’t nec- ber of delivery vehicles we are per- mittee, and I thank both him and the essarily relate. mitted to have, our experts say those Senator from New Hampshire for their The object here is to cover as much numbers are clearly achievable for us help here on the floor this afternoon as ground as possible within a limited pe- without compromising whatsoever all we try to proceed on amendments as riod of time, and in order to do that we of our national security interests. That rapidly as possible for our colleagues will need everybody’s cooperation. Sen- is what they tell us. And these numbers and also try to negotiate a few of these ator KERRY and I will then—and Sen- were not developed by the political sys- amendments at the same time as the ator LUGAR, of course—primarily try to tem; they were developed by the mili- Senator from Arizona. make sure everybody gets heard who tary experts as to what is reasonable as Having discussed with the Senator wants to be heard. far as limitations on deployed war- from Arizona the path forward, I assure The PRESIDING OFFICER. The Sen- heads. ator from Massachusetts. When you look at the other restric- colleagues that both of us hear the pleas of our colleagues, and we are anx- Mr. KERRY. Mr. President, I am very tions—and we have heard a lot of de- grateful to the Senator from Arizona bate that we are restricted on other de- ious to try to move as rapidly as possible. But in fairness to my colleague for his willingness to try to do exactly fense issues. There is nothing in this what we have just done, and I pledge to agreement that limits missile defense from Arizona, I also want to make certain that he has an opportunity to have him that I will work as hard as possible issues. That is going to be a matter for on our side to rapidly move on these our national debate. It will be a mat- his amendments and that the other amendments are properly heard. amendments and to give them time. ter, in working with our allies, of ana- I would ask for the cooperation of To that end, I ask unanimous consent lyzing where our current risks come colleagues who want to speak on the that the following amendments be from. But we can make independent treaty as a whole, that they not do so deemed as pending from those amend- judgments, and we are not restricted at at the expense of being able to move an ments filed at the desk. These would be all by the New START treaty as to how amendment. So if colleagues would co- the amendments eligible for consider- we make those judgments. operate with us, we will certainly, in ation. I am not calling them up yet; I What is in this treaty is our ability between any activity on amendments, just want this to be a narrow list. to verify what the Russians are doing try to accommodate anyone who wants with their nuclear stockpile and what I apologize, Mr. President. I ask unanimous consent that these amend- to talk on the treaty. they are doing with their warheads and We are currently working staff to ments be in order: Kyl No. 4864; Kyl No. with their delivery systems. It allows staff and negotiating out these amend- 4892, as modified; Risch No. 4878; Risch us to have inspectors on the ground. ments, and on some it may be possible No. 4879; Ensign re rail-mobile; Wicker Since the end of last year, we have not to accept them. We will certainly try No. 4895; Kyl No. 4860, as modified; Kyl had inspectors on the ground. That is to avoid any rollcall votes, if possible. No. 4893; and McCain No. 4900. intelligence information that is ex- I know a number of colleagues have The PRESIDING OFFICER. Is there tremely valuable for us to have. You asked for some rollcalls on some objection? can’t substitute for that. Yes, we can amendments which may not be accept- get certain intelligence information Hearing no objection, it is so ordered. The Senator from Arizona. able. So with that understanding— from the assets we have, but having The PRESIDING OFFICER. The Sen- boots on the ground is critically impor- Mr. KYL. Mr. President, I wish to make a comment. For the benefit of ator from Arizona. tant to our national security. So with- Mr. KYL. If I can add, I understand Members, what we are trying to do is out the ratification of New START, we Senator SHAHEEN is in order to speak to identify those matters we need to do not have the inspectors on the next, and then Senator RISCH is avail- try to deal with in the 30 hours ground telling us, in fact, what Russia able to begin; am I not correct? postcloture on the START treaty. If is doing, inspecting the warheads, and Mr. KERRY. No, Senator SHAHEEN is inspecting their delivery systems. Members have amendments they need here managing together with the Sen- There is a third reason in addition to to deal with, I would appreciate it if ator from Maryland while we are nego- they would either communicate with it being important from the point of tiating. So Senator RISCH would be in view of what our experts are saying me or with Senator LUGAR’s staff or order to move on an amendment imme- and in addition to the fact that it gives Senator KERRY’s staff so that we can diately. us verification. It also is a very impor- determine whether to get them on the Mr. KYL. OK. His numbers are 4878 tant part of our national security sys- list and where to plug them in. I would and 4879, so we can begin with one of tem in working with other countries. also suggest to Members that there those, if it is agreeable. We want to make sure we know what isn’t a lot of time left, and if they have Mr. KERRY. That is correct. Russia is doing, yes. We understand comments they would like to make, Mr. President, we would welcome Russia is a country of interest to the now is the time to come to the Senate that, and I yield the floor. United States. But when you look at floor. There shouldn’t be a minute of Mr. KYL. So, Mr. President, it would countries that are developing nuclear quorum call time here. There is a lot to be in order to call up for consider- weapons, we need Russia’s help and the do and not a lot of time to do it. So if ation—I believe the first is amendment international community working with Members have something, bring it to No. 4878, Risch amendment No. 4878. us to make sure we prevent countries us. If they want to speak, they should Well, Mr. President, I said there such as Iran from becoming nuclear come to the floor now or as soon as shouldn’t be any quorum call, but we weapon states. The ratification of this they can get here. are going to be a couple of minutes treaty will help us in those political ef- My goal is to get as many of the here. So I suggest the absence of a forts. amendments as possible dealt with, if quorum until we are ready to go.

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 21, 2010 CONGRESSIONAL RECORD — SENATE S10893 The PRESIDING OFFICER. The never know where every terrorist is whole new set of terms the Russians clerk will call the roll. hiding, and I doubt we will ever have will find unacceptable and ultimately The assistant legislative clerk pro- the manpower necessary to hunt them nonnegotiable. When the Russians then ceeded to call the roll. down if we did know where they were walk away from the talks and the pros- Mr. CARPER. Mr. President, I ask and try to stop them. pects of securing a new treaty die, we unanimous consent the order for the Here is what we do know, however. will ask ourselves, was it worth it to quorum call be rescinded. We know where most of the nuclear oppose ratification? Was it worth it? The PRESIDING OFFICER. Without weapons on this planet are today. The When a Russian nuclear weapon goes objection, it is so ordered. majority of them are either in Russia missing and we are left in the dark be- Mr. CARPER. Mr. President, about or they are in the United States. I cause U.S.-Russian cooperation on an hour or so ago, our colleagues voted would like to think we do a good job of tracking and dismantling warheads on whether we should proceed to final securing our nuclear weapons facilities died with the treaty, we will ask our- debate and eventually to an up-or-down in the United States. But Russia, as selves, was it worth it to oppose ratifi- vote on whether to ratify the New most of us know, is another story. cation? START treaty. I think it is safe to say There is a reason terrorists target Rus- I believe the answer is no. Every liv- most Democrats, most Republicans— sian nuclear facilities. ing former Secretary of State from Kis- even those two Independents who hang While Russian security has improved singer to Baker to Rice shares that out with us—have pretty much decided recently, there are still holes, some opinion. on what they want to do on that final would say gaping holes, in the physical Several former Secretaries of De- vote. I think there is a handful of Sen- facilities of some Russian facilities, fense, including Secretaries Schles- ators, maybe a half dozen or so, who holes that leave openings for terrorists inger, Carlucci, Perry, and Cohen, all are still undecided and trying to make to gain access to these weapons. That believe we ought to ratify this treaty up their minds. I just want to say I re- is one of the reasons we need to ratify in order to make our country—our spect that. It is a serious matter, very this treaty. It limits the number of country—safer. I might add, our top in- serious matter, and there are strong warheads that Russia can hold. Fewer telligence people agree with them. This unlikely bipartisan coalition arguments to be made on either side of Russian warheads translate into fewer has come to this conclusion because this issue. chances that those weapons, those war- they are certain that failure to ratify For those who have already made up heads, will fall into the wrong hands. New START leaves our country less their minds, they are probably not all Here is another reason to ratify this safe and more at risk to terror. We ig- that interested in what I have to say. treaty: Since the original START trea- nore the collective wisdom and advice But for the handful of our colleagues ty expired at the end of 2009, the of these leaders, past and present, at who have not decided how they believe United States has been denied the abil- our peril. They have no axe to grind. we should proceed, how they ulti- ity to track and to verify the status of They are calling it like they see it. I mately want to vote, I want to take a Russian nuclear weapons. The U.S. and hope we will search our hearts—every few minutes and talk to them. Russian cooperation on verifying and one of us—and our minds this week and I want to boil this down into four monitoring warheads under the origi- come to the same conclusion they questions that I have focused on as I nal START treaty helped lay the have. have looked at this issue, looked at the groundwork under the Nunn-Lugar co- Question No. 3 was: Can we build a treaty, looked at its ramifications. I operative threat reduction program in robust missile defense system if we rat- want to start out by mentioning what the 1990s. This program worked and ify this treaty? That is an important I think the four maybe critical ques- still works to secure and dismantle question. The answer is too. And the tions are that we should be asking our- Russian nuclear weapons, to keep them answer is, yes, we absolutely can. selves. from falling into the hands of terror- There is simply nothing in this treaty The first question is, does this treaty ists or rogue regimes. that limits the United States from make us safer? I believe it does. I think New START will restore our verifica- building the kind of missile defense absolutely it makes us safer. tion and tracking capabilities that we system we might want and that we The second question is, can we afford lost last year with the expiration of might need. not to ratify this treaty? I believe the the original START treaty. This, in You do not have to take my word for answer is no; we cannot afford not to turn, will encourage Russia to continue it. Last month the Chairman of the ratify this treaty. We need to. and to participate in the Nunn-Lugar Joint Chiefs of Staff, ADM Mike The third question is, Can we go on program. In short, Americans will be Mullen, bluntly stated, ‘‘There is noth- to build a robust missile defense sys- safer if the treaty before us is ratified. ing in the treaty that prohibits us from tem, should we need to, if we ratify That leads me to the second ques- developing any kind of missile de- this treaty? I believe the answer is yes; tion, Can we afford not to ratify this fense.’’ we can do that if we need to. treaty? I believe the answer is no; no, Let me say his words again. ‘‘There The fourth and final question I want we cannot. Let me say why. is nothing in the treaty that prohibits us to ponder is, Is ratification of the My colleagues opposing this treaty us from developing any kind of missile New START treaty the last word on have pointed out what they believe to defense.’’ Those are not my words. this issue? Quite frankly, the answer is be flaws in it. Some of them say the Those are his words. Nothing, nothing no, not at all. In fact, ratification of United States should have held out for in the treaty prohibits us from doing this treaty would just be another step, a better deal. Others say the United that. an important step, in what has been a States should have increased the num- Just last week Secretary Gates said decades-long journey. What I would ber of allowed inspections or increased that the treaty ‘‘in no way limits any- like to do, if I could, is to take these the number of delivery systems allowed thing we want or have in mind on mis- questions just one question at a time. under the treaty. They say the job of sile defense.’’ Let me repeat that as The first question is, Does this treaty the Senate is not to simply ratify trea- well. He said, ‘‘The treaty in no way make us safer? ties but to debate and to amend them. limits anything we want or have in One of the greatest threats, and some Let me just say, if this were a seri- mind on missile defense.’’ In no way. would say the greatest threat, to our ously flawed treaty, I would agree or if Simply put, this treaty gives us both country and to its people today is the this were a flawed treaty I would agree. what we want and what we need. It re- chance that terrorists might somehow But it is not. The fact that so far all duces the number of nuclear warheads acquire a nuclear weapon and detonate the amendments offered to this treaty Russia can possess, and it does so with- it inside this country. I ask my col- have failed, mostly by large majorities, out constraining U.S. missile defense leagues, are we doing all that we need bears witness to that fact. Sure, we and deployment. to do to stop this from happening? could amend the treaty language to Some of our colleagues on the other Sure, we can try to hunt down all the maximize the U.S. position. We could side of the aisle, who have made up terrorists before they strike. In fact, send our diplomats back to the negoti- their minds that they will oppose rati- we are doing that now. But we will ating table with the Russians with a fication, dispute the statements of

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S10894 CONGRESSIONAL RECORD — SENATE December 21, 2010 both Secretary Gates and Admiral Here it is: How often do we see in this ‘‘and the self-propelled device on which it is Mullen. Clearly, that is their right to body nearly every major national secu- mounted’’ and insert ‘‘and the self-propelled do so. These opponents to the treaty rity official from just about every device or railcar or flatcar on which it is argue that this treaty would, in fact, Presidential administration of the last mounted’’. create limitations on our ability to four decades come together to support Mr. ENSIGN. Mr. President, I rise build and deploy a missile defense sys- one initiative like this? How often? today to speak on behalf of this amend- tem. With all due respect to them, I do The answer is, not very often, at least ment, which would clear up any ambi- not believe that is true. And, more im- not on my watch. guity by adding the rail mobile defini- portantly, neither do our top military As a captain in the Navy, as my tion of START I to the New START and intelligence leaders, upon whom State’s Congressman, and Senator, as treaty. Specifically, my amendment would our Nation depends. They do not be- Governor of Delaware, and commander amend the protocol annex, part one, in lieve it is true either. In supporting in chief for a while of our State’s Na- terms and definitions protocol. Specifi- this argument, some of the treaty’s tional Guard, I learned a long time ago cally under START I the definition of critics point to a provision which that the best way to make tough deci- rail mobile launchers of ICBMs means states we cannot convert nuclear missions, to make the right decision, is to gather together the best and brightest an erector launching mechanism for sile launchers into missile defense launching ICBMs, and the rail car or launchers. We have all heard Senators minds that we can, people with different perspectives, urge them to try to flat car on which it is mounted. KERRY and LUGAR respond to this as- find common ground, and then provide Unfortunately, there is no such defi- sertion. We do not want to make these their recommendations to me. nition in New START. According to conversions. We do not want to make In the case of this treaty, many of Konstantin Kosachev, the head of the these conversions. Why? Because it is the best and brightest national secu- Duma International Affairs Com- not cost effective. It is cheaper to build rity minds our Nation has ever seen, mittee, Senator KERRY’s counterpart new silos rather than convert the old names such as Kissinger, Powell, in the Duma, the understanding on rail launchers. This is not a limitation on Schlesinger, Baker, Hadley, Scowcraft, mobile ICBMs presumes that: ‘‘The missile defense. It is common sense. It Shultz, Rice, Nunn, Warner, LUGAR, Americans are trying to apply the New is cost effective. And it is certainly not KERRY, Clinton, Bush, and Gates, agree START treaty to rail mobile ICBMs in a reason to vote against this important that we should ratify New START and case they are built.’’ treaty. ratify it now. So their definition, their under- Question No. 4 again. Question No. 4 I urge my colleagues who are still un- standing, the Russians’ understanding, was: Is ratification of New START the decided on this critical issue to join is that rail mobile is not included in last word on this issue? And the answer me, to join us, in moving our Nation this treaty. That is according to Mr. is, not at all. This is not the last word. forward by voting to ratify this treaty. Kosachev’s statement in the Duma. By In fact, ratification is another step, al- Before I yield the floor, I want to making this statement, we can infer beit an important one, in a decades- take a moment to salute Senator that it is absolutely Russia’s position long journey. Ratification reflects a vi- LUGAR. I thank you and thank your that rail mobile ICBMs are not cap- sion shared by Presidents Nixon, staff for the terrific leadership you tured by this treaty or subject to the Carter, Reagan, Clinton, George Her- have provided for years on these issues, treaty’s limitations. So this is an issue bert Walker Bush, and George W. Bush, along with Sam Nunn, all of those we must address and we must clarify. as well as the people of our country, years ago, and with JOHN KERRY and The administration, in a State De- and the people of the Russian Federa- others today. partment fact sheet, asserts that rail tion. I am going to thank Senator KERRY mobiles are covered under the 700 ceil- Realizing that vision is vitally im- for the terrific leadership and the great ing of deployed delivery vehicles in ar- portant both to Russians and to Ameri- support he has gotten from his com- ticle II. However, Mr. Kosachev’s state- cans, our two nations must join to lead mittee, from the staff, to get us to this ments imply to the contrary. Further, the global community on the issue of point today. if rail mobiles were to fall under that nuclear disarmament. If we do not, no I am encouraged that we may have cap, it would be in the definitions. one else will. the votes to finish our business and to There is zero mention of rail mobiles in The next step in realizing that vision conclude by ratifying this treaty to- New START. requires us to ratify this New START morrow. I hope that handful of our col- My amendment simply clarifies this treaty that is before us this week. Once leagues who are out there who are still ambiguity. In the absence of New we have done so, we should turn to re- trying to figure out what is the right START limitations on rail mobile doubling our efforts to work with Rus- thing to do will maybe find some words ICBMs and launchers, an unlimited sia, with China, and our allies to pres- in the wisdom I share today. number of these could be deployed. It sure Iran and North Korea to give up I yield the floor. The PRESIDING OFFICER. The Sen- may even be possible to take a road not their nuclear energy programs but ator from Nevada. mobile SS–27 ICBM, including multiple their nuclear weapons programs. And warhead versions, and put it on a rail- AMENDMENT NO. 4855 as we do that, we should continue Mr. ENSIGN. Mr. President, I ask car. This would not in any way violate working toward future agreements unanimous consent that we set aside the conditions of the New START lim- with the Russian Federation on reduc- the pending amendment and call up its, because the earlier START I limits ing tactical nuclear weapons. amendment No. 4855. on rail mobile launchers and non- Fortunately, in the resolution of The PRESIDING OFFICER. Without deployed mobile ICBMs do not appear ratification that contains the New objection, it is so ordered. in this New START. START treaty language, there are in- The clerk will report. Another way to clarify that ambi- structions added by the Senate Foreign The assistant legislative clerk read guity would be if the administration Relations Committee that order—that as follows: gave us full access to the negotiating order—the Obama administration to The Senator from Nevada [Mr. ENSIGN] records. Since they have not, however, pursue agreements on the limits of tac- proposes an amendment numbered 4855. we must amend the treaty to amend tical nuclear weapons with Russia as Mr. ENSIGN. Mr. President, I ask the definition back to as it was in well. Two weeks ago, Secretaries Clin- unanimous consent that the reading of START I. ton and Gates said they would pursue the amendment be dispensed with. What happens if the Russian Duma, such an agreement with the Russian The PRESIDING OFFICER. Without in its ratification process, adds lan- Federation in the coming years. How- objection, it is so ordered. guage in its version of their ORR, that ever, we cannot continue down that The amendment is as follows: excludes rail mobile launchers? What path without first ratifying New AMENDMENT NO. 4855 do we do at that time? If they do this, START. And we must. (Purpose: To amend the Treaty to provide I would think we would have no choice Let me conclude today by asking my for a clear definition of rail-mobile missiles) but to simply take it. undecided colleagues, however many In Part One of the Protocol to the New Mitt Romney highlighted eloquently there are out there, one final question. START Treaty, in paragraph 45. (35.), strike in an op-ed that:

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 21, 2010 CONGRESSIONAL RECORD — SENATE S10895 The absence of any mention of rail based problem, and if we can find a problem, bile launchers of ICBMs. We don’t want launchers should be remedied. U.S. advocates make it into a bigger problem, and them to because we want this big um- of the treaty say that if Russia again inaugu- then amend the treaty because amend- brella that covers all of it, which we rates a rail program, as some articles in the ing the treaty itself—this amendment have the ability to verify. Russian press have suggested it might, rail If we look at exactly what the treaty mobile ICBMs would count toward the treaty seeks to amend the treaty, so here we limits. Opponents say that no treaty lan- go right back down the road of the old says, it says the following—and I don’t guage supports such an interpretation. Rus- ‘‘let’s open up the negotiations again’’ know which lawyers are arguing about sian commentators have said that rail-based argument. We have been through it so this, but the lawyers involved between systems would be discussed by the Bilateral many times here. It has appropriately the Russians and the United States and Consultative Commission. Such ambiguity been rejected by colleagues. the lawyers involved on the negoti- should be resolved before the treaty is ap- I think the last vote was something ating team and the lawyers at the proved, not after. like 66 to 30 on whether we will amend State Department are not arguing I will yield to the Senator from Indi- the treaty. That doesn’t mean he about this. They understand exactly ana. doesn’t have a right to raise it, but let what the treaty says. The PRESIDING OFFICER. The Sen- me speak to the substance. Here is what it says. Article II, 1(a) ator from Indiana. Going back in history on the START of the treaty sets the limit of 700 de- Mr. LUGAR. Mr. President, the treaty, which is why this is a complete ployed ICBMs, deployed submarine- amendment speaks to concerns about red herring—if you go back in the his- launched ballistic missiles and derail mobile missiles. First, I would em- tory of the START treaty, you will re- ployed heavy bombers. That is really phasize it is important to note that call that the Soviet Union deployed 10 simple. It is very straightforward—700 neither side currently deploys rail mo- warheads, 10 MIRV warheads on an SS– ICBMs, SLBMs, bombers. We have the bile systems. 24 intercontinental ballistic missile, flexibility to decide how many of each The Nunn-Lugar program destroyed and Russia deployed some 36 of those of those we want to have. We had a de- the last SS–24 rail mobile system in SS–24 rail-based launchers the Senator bate previously with our colleagues 2008. They are all gone. Destroyed. The is referring to at the height of their de- about how many we would have. But New START treaty is specifically ployment. But to comply with START that is pretty straightforward. There is drafted so that if Russia were to revive I and with START II, which interest- no ambiguity in that. Where is the am- its rail mobile program, it would count ingly, we worked together on in terms biguity—700, all three, and we believe under New START’s central limits. of START II even though the Russians we can count all three. Paragraph 12 of This is underscored in our resolution of never ratified it—and the reason they part 1 of the protocol defines deployed ratification through an understanding didn’t ratify it is because we took uni- ICBM as an ICBM that is contained in that if such systems are ever deployed lateral action and withdrew from the or on a deployed launcher of ICBMs. by Russia, they will count as deployed ABM treaty, and they were mad about That is pretty obvious. A launcher is a ICBMs under New START, and that it. That is why what we do matters in launcher is a launcher. Paragraph 13 of part 1 of the protocol such railcars on BMs. this relationship. We ratified the defines deployed launcher of ICBMs as I submit that the amendment is START II treaty; they didn’t. So the an ICBM launcher that contains an unneeded. But more seriously, if in fact things we choose to do have an effect. it were to be adopted, it would require The fact is, thanks to our colleague ICBM and is not an ICBM test launcher, an ICBM training launcher or an renegotiation of the treaty. For that to my right, the distinguished Senator ICBM launcher located at a space reason, as well as others I have stated from Indiana, Mr. LUGAR, and Senator launch facility. Those are the only as succinctly as possible, I oppose the Nunn, who had the vision to put to- three exceptions. That is it. There is no amendment. gether the threat reduction program, ambiguity. The PRESIDING OFFICER (Mr. BEN- that program set out to destroy Rus- It seems to me pretty darn straight- NET). The Senator from Nevada. sia’s SS–24 ICBMs and rail-based forward that a rail mobile ICBM, if ei- Mr. ENSIGN. Just to address the one launchers. ther side decided to deploy it, obvi- point on the clarification in the resolu- This is important for all those people ously falls under the 700. It is so obvi- tion of ratification, it has been said who have come to the floor and argued ous that we should not have to risk re- that our resolution of ratification repeatedly that Russia has acted in bad negotiating the entire treaty over clarifies and we should not need this faith in all of these efforts. Take note something as obvious as that. language in the definition. Here is the that Russia continued those coopera- I might add, a nondeployed launcher problem I have. tive efforts and continued to destroy of a rail mobile would fall under the 700 Several years ago when we were de- those rail-based launchers even though limit in terms of the launchers. I just bating the Chemical Weapons Conven- they had not signed on to START II. ask my colleagues to look carefully at tion and riot control agents, there it is Guess what. The last Russian SS–24 this. It would be highly improbable. right there in the resolution of ratifi- launcher was eliminated in 2007. The Senator from Tennessee earlier cation that these riot control agents Now START I had a specific sublimit today gave a terrific speech, Mr. ALEX- can be used in operations to protect ci- on mobile missiles and on rail mobile ANDER. He said: What is all this fuss vilian life. Yet to this day, our State missiles. So the START treaty’s defini- about? In the end, we are going to have Department lawyers continue to argue tion, as a result of those two sublimits, thousands of these things that can de- they cannot, even though in the resolu- the START treaty’s definition needed stroy the whole planet anyway. tion of ratification we clearly stated to cover both the rail mobile and the That came from a person who is pret- that these riot control agents, tear gas road mobile launchers that were de- ty thoughtful on these issues, who un- basically, could be used to protect ci- ployed at the time of the treaty. They derstands that you have to put this in vilian life. Yet our State Department were both put under the same roof, and a context. We are not talking about the continues to argue against that. That that roof was the START treaty’s defi- Cold War right now. We are not talking is why putting it in the definitions nition. Just like the Moscow Treaty, about the Soviet Union right now. We within the treaty, we believe, is impor- the New START treaty contains just a are talking about a country with which tant to clarify the difference we seem plane limit, an overall limit on ICBMs we have a very different relationship to have with the Russians based on and ICBM launchers, SLBMs and SLBM and where we have a whole set of com- statements they have made to the launchers. We have the two categories bined interests, and you have to put press. and heavy bombers with no sublimits. this treaty into that context. It is The PRESIDING OFFICER. The Sen- That means the characteristics of highly unlikely that during the dura- ator from Massachusetts. strategic offensive arms limited by the tion of this treaty with the Russian Mr. KERRY. Mr. President, this treaty, in particular the deployed and Federation, after years of working with won’t take too long. Let me say, first the nondeployed launchers of ICBMs the United States to destroy the weap- of all, I thank the Senator for bringing and the deployed ICBMs and their war- ons and work cooperatively under Sen- this up. Let me underscore: This is one heads, those characteristics do not ator LUGAR and Senator Nunn’s proof the sort of let’s see if we can find a hinge on the treaty’s definition of mo- gram, it is unbelievably hard to believe

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S10896 CONGRESSIONAL RECORD — SENATE December 21, 2010 they are going to divert what we know history of cooperation, conversations ment ago—this is from page 17 of the to be their very limited resources and that may have occurred well beyond report— infrastructure from their planned de- the treaty but that have come from the Nevertheless, while a new rail-mobile sys- ployment in order to do new mobile— fact that there were Americans work- tem would clearly be captured under the Ar- we have a planned deployment of new ing with Russians who were not in- ticle II limits despite the exclusion of rail- mobile-based ICBM forces, and sud- volved necessarily in specifics of the mobile launchers from the definition of mobile launchers of ICBMs, those provisions denly to have them go out and build treaty but, in fact, were able to effect that actually use the defined term ‘‘mobile and deploy rail mobile launchers, results that were well beyond what the launcher of ICBMs’’ would not cover rail-mo- which we would observe unbelievably treaty mandated. bile systems if Russia were to reintroduce quickly under our national technical I mention this, again, to indicate them. means. that I believe the amendment is unnec- ‘‘Would not cover.’’ The simple answer is that we know essary. But worse still, adoption of it It goes on to say: what they are going to do. We have a would, in fact, eliminate our consider- ‘‘Appropriate detailed arrangements for in- strong capacity to track what they are ation today. We would go home. It is corporating rail-mobile ICBM launchers and doing. We have every reason to believe finished. their ICBMs into the treaty’s verification the Russians agree with what I just I certainly encourage Senators, rec- and monitoring regime would be worked out said about the allocation of resources. ognizing that the Russians don’t want in the Bilateral Consultative Commission.’’ The fact is, the resolution the Senate the rails, have actually worked in the Under Article XV . . . the Parties may make changes to the Protocol or Annexes. . . . will vote on, in order to guarantee that Cooperative Threat Reduction Program we are certain about this, requires the with Americans to get rid of all of it, We have discussed this in the past. If there is a dispute about what the trea- President to communicate to the Rus- plus everything associated with them, ty means, then you go to this dispute sians in the formal instrument that that as a commonsense situation that resolution group of Russians and Amer- ratifies the agreement, when we ratify seems to be fairly well under control. icans, and they try to talk it out and it, assuming we do it, will ratify the Even then, the statements we have work it out. But there is nothing to say understanding of the United States adopted as a part of the treaty take they will, and if the Russian chairman that the treaty would cover rail mobile care at least of the counting situation of the committee is already saying we launched ICBMs and their launchers, if if, for any reason, such an emergence are trying to insert something into the Russia or the United States were crazy should occur again on the rails. agreement that isn’t there, I wonder enough to try to build them. So for the The PRESIDING OFFICER. The Sen- how successful we would be in working life of me, I don’t know what you can ator from Arizona. Mr. KYL. Mr. President, in response it out. do more than that. But we certainly The report concludes: are not going to reopen the treaty for to the last argument that the Russians don’t have any incentive to and we If Russia were again to produce rail-mobile the basis of a nonambiguity like that. ICBM launchers, the Parties would work The PRESIDING OFFICER. The Sen- don’t believe they are going to build within the BCC to find a way to ensure that ator from Indiana. the rail mobile system again, I ask, the treaty’s notification, inspection, and Mr. LUGAR. Mr. President, I wish to then: What is the big deal about ensur- monitoring regime would adequately cover add parenthetically a footnote to the ing in the treaty that if they do, they them. chairman’s presentation. would be counted under the 700? What So it is clear that it does not. It is As has been mentioned frequently is the problem? The problem appears to clear from the report that the language during this debate, for a variety of rea- be that the Russians don’t have the would not cover rail-mobile systems if sons, the Russians reduced the number same view of this as do my colleagues Russia were to reintroduce them. It is of ICBMs below the totals that were re- or the United States Government. clear we would have to rely upon the quired by the former treaty. Some Sen- My colleague from Nevada quoted Russians’ good offices, good intentions, ators, in fact, have said the New earlier from the Interfax report of Oc- to reach some kind of an agreement START treaty, by imposing these lim- tober 29, 2010, where the chairman of with us in the Bilateral Consultative its of 1,550 warheads and 700 launchers, the Russian Duma—parliament—com- Commission. There are no assurances inhibits only the United States be- mittee responsible for treaties, that will be done. cause, according to those who have ar- Konstantin Kosachyov, stated—in re- Why are we willing to proceed with gued this, Russia has already fallen sponse to the argument we have just an agreement that has such built in below these limits. made, that the Senator from Nevada ambiguity? Why say: Well, we will let Let me add, as a point of personal just made, that the treaty should in- that be worked out by the BCC when recollection, one of the reasons the clude rail-mobile as part of the 700 we could work it out right now? It is Russians are below some of the stand- limit—he stated, in response to that the same answer we get with respect to ards that have been suggested is, as claim, and in response to the resolu- every one of these proposals: Well, the they thought more and more about the tion of ratification of the Foreign Rela- Russians would then demand to renego- rail mobile situation, they decided this tions Committee, that U.S. claim com- tiate the treaty. was either useless, expensive, or so vul- pelled the Duma to stop action on the I ask again: Is the Senate just to be nerable to potential attack that it was treaty. He said—and I am quoting: a rubber stamp? We cannot do any- not worth maintaining. The Americans are trying to apply the New thing to change the treaty or the pro- As a result, as has been suggested, as START Treaty to rail-mobile ICBMs in case tocol, or just the resolution of ratifica- it turned out, using the Cooperative they are built. tion, which is what we are trying to do Threat Reduction Program, the United That, obviously, means if he is say- because the Russians would say no, States and Russia, quite outside of the ing: We would have to stop the Duma and, therefore, we cannot do it? last treaty, decided we would proceed action on this if that is what the U.S. I thought we were the Senate. We are under the Cooperative Threat Reduc- Government is going to claim, they are one-half of the U.S. Government that tion Program to simply destroy all the pushing back on this pretty hard. The deals with it. The other is the Execu- rest of the rail, which we did. question is, why? I do not know wheth- tive. The Executive negotiated the Just for the sake of exhibit, I have a er they intend to build the rail-mobile treaty. Now, why didn’t they include piece of one of the last rails to be de- system. I do not much care whether this language? We do not know because stroyed. It was presented to us by the they build it. All we care about is, if we do not have the record of the nego- Russians with a proper inscription on they do, it has to be included within tiations. What I am told is that it is the back of it, recognizing their appre- the 700 limit. because the Russians said they would ciation to the United States for this Now, the report language of the Sen- not include it because the rail-mobile destruction. Therefore, logically, to ate Foreign Relations Committee con- system would be unique to Russia, and argue that we are back into a predica- firms the fact that they are not in- we do not have such a thing. Therefore, ment of the Russians wanting to build cluded. Here is what the report lan- there would be a lack of parity. You rails again and launch missiles and guage says—and this is in direct con- could not have such a unilateral provi- what have you from them negates the tradiction to what was said just a mo- sion. So if that is the case, either the

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 21, 2010 CONGRESSIONAL RECORD — SENATE S10897 Russians do intend to develop these covered now. Again, the language, Mr. KYL. Madam President, might I systems, and they do not want them ‘‘those provisions that actually use the pose a question to my colleague be- counted, or there should be no problem defined term ‘mobile launchers of cause I understand exactly the point he with the Ensign amendment, which ICBMs’ would not cover rail-mobile makes. He makes it accurately. I would ensure that they would be count- systems if Russia were to re-introduce quoted the language that says that it ed. them.’’ would clearly be captured under article So you cannot read the report lan- The report acknowledges that, there- II limits. That is the committee’s un- guage and agree with what has been fore, in order to apply the inspection derstanding, which is the point my col- said—that the treaty covers these and notification and monitoring re- league is making. But I go on to note weapons—you cannot read it and be- gimes, you would have to get the Rus- that the exclusion of rail-mobile lieve they would clearly be covered by sians to agree in the BCC. Why not launchers from the definition means the inspection and notification and solve that problem right now? that it would not cover rail-mobile sys- monitoring regime. In fact, it clearly Again, we meet with the same argu- tems if Russia were to reintroduce shows that is not the case. What you ment we are always met with: Well, we them and, therefore, there would have have to believe is that this built-in dis- do not dare change anything in here to be work by the BCC to figure out pute in the treaty may well arise if the because the Russians would disagree. how to deal with those under the in- Russians decide to proceed to develop I just ask my colleagues, again, is spection, monitoring, and notification such a system, and we would then—or there any purpose for us being here? If regimes. would arise if they decide to do that, every argument is, well, we do not dare I understand that our committee and we would be required to go to the change it because the Russians would says they believe they are captured. I BCC to try to work it out with them. disagree, so we would have to renego- see that in the report. What I am say- That, obviously, builds in a conflict tiate it, maybe that suggests that ing is, there is a dispute because the that is not good. there was not such a hot job of negoti- Russians do not appear to agree with As I said before, when you have a ating this treaty in the first place. If that. I would just ask my colleague, contract between two parties, the first the Senate cannot find errors or mis- how do you square, then, the Russian thing the lawyers try to do is ensure takes or shortcomings and try to cor- response? The chairman of their com- there are no ambiguities that could rect them without violating some mittee—you have dueling commit- cause one side or the other to later superprinciple that is above the U.S. tees—in the Duma said: come forward and say: I did not mean Constitution, which says that the Sen- The Americans are trying to apply the New that. Then you have a legal dispute. ate has that right, then, again, I do not START Treaty to rail-mobile ICBMs in case But it is one thing to have a legal dis- know what we are doing here. they are built. pute about buying a car or a house. It So I urge my colleagues to support It appears to me what he is saying is, is quite another to have a dispute like the Ensign amendment, as with some but they should not be doing that. In this between two sovereign nations. other things we have raised, to try to fact, his recommendation, I believe, I would note when the United States avoid a conflict. Resolve the situation was the Duma not take action on the had a system we might develop, such as now while we still have time to do it treaty if that was our intent. the rail-mobile—but we have not made rather than after the treaty is ratified Mr. CARDIN. Madam President, will a decision to do it; we certainly do not when it is too late. the Senator yield? have it—the Russians knew we wanted The PRESIDING OFFICER (Mrs. Mr. KYL. Yes, of course. to at least study the possibility of de- HAGAN). The Senator from Maryland. The PRESIDING OFFICER. The Sen- veloping a conventional Prompt Global Mr. CARDIN. Madam President, I ap- ator from Maryland. Strike capability—that is to say, an preciate the concerns my colleague Mr. CARDIN. To me, it is the lan- ICBM that could carry a conventional from Arizona is raising in regards to guage of the treaty itself. The language warhead rather than a nuclear war- mobile launchers, particularly as it re- of the treaty itself is pretty clear as to head—and they specifically insisted lates to rail-mobile launchers. But I what the definition of a launcher is, that we include that in the treaty. am reading the same language the Sen- with three exclusions. Just look at the Now, you might say: Well, wait a ator has put on the floor, and it says language of the treaty that any type of minute. The Russians apparently ar- very clearly that it is subject to the 700 launcher would be covered. gued that they did not want to include limit. I think what my colleague is re- The PRESIDING OFFICER. The Sen- anything on rail-mobile because the ferring to is the fact that Russia today ator from Arizona. United States did not have anything on does not have rail-mobile launchers. Mr. KYL. Madam President, if I could rail-mobile, and that would be a lack of So, therefore, there are other protocols just close, and I actually had, I think, parity—it would be a unilateral restric- in the treaty in regard to inspection, et yielded the floor. So I appreciate the tion—but the same thing is true with cetera, that are not provided for in this chance to make this final point. conventional Prompt Global Strike. treaty because it is not relevant since All the Ensign amendment tries to do The Russians have no intension of Russia today does not have rail-mobile is clear up the ambiguity. My colleague doing that, apparently. We might, just launchers. But if they were to develop says it is absolutely clear to him that like for the rail-mobile, the Russians rail-mobile launchers, they would be they are included. I know the com- might. Yet they insisted a limitation subject to the 700 limitation of launch- mittee says they think it is clear. I do be put on our conventional Prompt ers, if it was being deployed. The con- not think the Russians think it is Global Strike—by what?—by counting sultation process will work out the clear, and I think there is a basis for an them against the 700 launcher limit— procedures for adequate inspection. argument that it is not clear. Why not exactly the same thing that should be So I think it is already covered under clear it up? done with regard to rail-mobile. the treaty. In the language of the trea- The PRESIDING OFFICER. The Sen- So, apparently, if we might do some- ty Senator KERRY mentioned it is clear ator from Massachusetts. thing in the future the Russians do not to me it is covered. But in the report Mr. KERRY. Madam President, the like, we have to count it. But if the language I think it is stating the obvi- answer to the question—why not clear Russians might do something in the fu- ous. it up—is because if you clear it up the ture we do not like, we cannot count it. One last point, and that is, again, way the Senator is trying to, you kill Our only relief then is to go to this you do not dispute the fact that if we the treaty. Pretty simple. BCC and hope the Russians would agree were to adopt this amendment, it The Senator keeps asking the ques- to something in the future that they would be the effect of denying the rati- tion, Why can’t we do this? We can’t do have not been willing to agree to fication of the treaty until it was it because it kills the treaty. It is pret- today. modified in Russia, which is the same ty simple. And the Senator knows it So all the Ensign amendment does is as saying we are not going to get a kills the treaty. to clear up an ambiguity and avoid a ratified treaty on this issue. Now, going beyond that, come back future dispute between the parties. It The PRESIDING OFFICER. The Sen- again just for an instant to the sub- is clear from the report that it is not ator from Arizona. stance. First of all, the Russian general

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S10898 CONGRESSIONAL RECORD — SENATE December 21, 2010 staff—I have been known, as chairman Russia has completed design work for the Speaking of other ICBMs, Karakayev said of the Foreign Relations Committee, to use of RS–24 missiles railway-based combat that RS–20V Voyevoda (Satan by Western make some comments which occasion- systems, but implementation of the project classification) would remain in service until ally the Joint Chiefs of Staff do not has been considered inexpedient, Moscow 2026. ‘‘Their service life has been extended to Heat Engineering Institute Director Yuri 33 years,’’ he said. agree with. My comments are not Solomonov said. His institute is the main de- On July 30, 1988, the first regiment armed going to drive them to do what they do signer of these missiles. Asked whether the with RS–20B Voyevoda missiles was placed not agree with. Likewise, the chairman RS–24 missiles could be used in railway- on combat duty in the Dombarovka missile of their foreign relations committee based systems, he said, ‘‘This is possible. The formation in the Orenburg region. whom he quotes was tweaking us in his relevant design work was done . . . ’’ and so ‘‘This is the most powerful interconti- comment. But the fact is, the general on. nental ballistic missile in the world at the staff of Russia has made it abundantly I ask unanimous consent that this ar- moment,’’ the press service of the Strategic Rocket Forces told Itar-Tass. clear they do not want to build these ticle be printed in the RECORD. With a takeoff weight of over 210 tonnes, rail-based mobile. They have no inten- There being no objection, the mate- the missile’s maximum range is 11,000 tion of doing this. They have just been rial was ordered to be printed in the kilometres and can carry a payload of 8,800 destroying them. They have been tak- RECORD, as follows: kilograms. The 8.8–tonne warhead includes ing them down and destroying them in RUSSIA COMPLETES DESIGN WORK FOR USE OF ten independently targetable re-entry vehi- a completely verifiable manner, and RS–24 MISSILES ON RAIL-BASED SYSTEMS cles whose total power is equal to 1,200 Hiro- shima nuclear bombs. A single missile can the Senator from Arizona cannot con- MOSCOW, December 20 (Itar-Tass)—Russia totally eliminate 500 square kilometres of test that. He knows that is absolutely has completed design work for the use of RS– enemy defences. true. 24 missiles railway-based combat systems, So this is a completely artificial mo- By 1990, Voyevoda missiles had been placed but implementation of this project has been on combat duty in divisions stationed out- ment designed, as others have been, to considered inexpedient, Moscow Heat Engi- side of Uzhur, Krasnoyarsk Territory, and try to derail—no pun intended—the neering Institute Director Yuri Solomonov Derzhavinsk, Kazakhstan. Eighty-eight treaty. said. Voyevoda launch sites had been deployed by His institute is the main designer of these That said, let me also point out that 1992. if you want to try to rein in this issue missiles. Asked whether the RS–24 missiles could be Mr. KYL. Madam President, I am not of rail-based, this amendment is not used on railway-based systems, Solomonov arguing that this issue has been re- the way to do it because there are a said, ‘‘This is possible. The relevant design solved within Russia as to whether to whole series of protocols set up in the work was done, but their development was go forward. I am not arguing whether treaty for how you deal with road- deemed inexpedient. I agree with this beit is a good thing or a bad thing. I sim- based launchers, and you would need to cause the survivability of this system is not ply submit it in response to the argu- begin to put in place a whole different better than that of the ground-based one, but ment that the Russians would be crazy set of protocols in order to deal with it costs more.’’ The RS–24 Yars missile system was put on to think about doing this. Either they rail-based. So if, indeed, the Russians are crazy or—well, in any event, I are, as I said, crazy enough, as they combat duty in Russia this summer. Earlier, the chief designer of the Moscow would never attribute that motivation think it would be crazy—that is the Heat Engineering Institute, which created to anybody, even somebody from an- way they define it now and we do too— the system, said that one of the RS–24 sys- other country. The fact is, they have to go back to something we have spent tems had already been delivered to the Stra- begun design work on exactly such a the last 15 years destroying, if that tegic Rocket Forces at the end of last year. project. happens, we will know it. Moreover, if Solomonov said, ‘‘All journalists are writ- The PRESIDING OFFICER. The Sen- ing about Bulava, but are saying little about it happens, it is counted, as the Sen- ator from Massachusetts. ator has agreed, under the article II the new mobile missile system RS–24 Yars with multiple warheads that we created at Mr. KERRY. It is my understanding limits for launchers. So this is a that the Russian referred to in that ar- nonissue, with all due respect. the same time.’’ The Strategic Rocket Forces intended to ticle is saying how difficult it is to do I know the Senator from Nevada deploy the missile system RS–24 with mul- the rail-based. But here is the simple wants to take 2 minutes to make a tiple warheads in December 2009, Commander reality. If they build it, it will count, comment, and then I wish to make a of the Strategic Rocket Forces Lieutenant- end of issue. That is why this is unnec- unanimous consent request, if I could, General Andrei Shvaichenko said in October essary. after that. 2009. I yield to the Senator from Nevada. Mr. ENSIGN. Madam President, I ‘‘The intercontinental ballistic missile RS– The PRESIDING OFFICER. The Sen- think the Senator from Arizona wishes 24 put into service will reinforce combat capabilities of the attack group of the Stra- ator from Nevada. to make a statement. Mr. ENSIGN. Madam President, to The PRESIDING OFFICER. The Sen- tegic Rocket Forces. Along with the single- wrap up this debate, let me address, ator from Arizona. warhead silo-based and mobile missile RS– Mr. KYL. Before my colleague from 12M2 Topol–M already made operational the first of all, the whole idea that chang- Nevada closes, I know this whole argu- mobile missile system RS–24 will make up ing this treaty in any way kills the the backbone of the attack group of the treaty. Under the Constitution, cer- ment is based on the proposition that Strategic Rocket Forces,’’ the general said. the Russians wouldn’t be crazy enough tainly it is the President’s role, the ad- Silo-based and mobile missile systems ministration’s role, to negotiate the to think about doing a rail system Topol–M, as well as RS–24 mobile missile again so we don’t need to worry about systems were designed by the Moscow Heat treaties. We all recognize that. But it. What is all the fuss, is what my col- Engineering Institute. under the Constitution, the Senate is league said. The warheads of Russia’s newest Topol–M tasked with advice and consent. That Well, here is a December 10—how and RS–24 intercontinental ballistic missiles means we are to look at the treaties, many days ago is that now? I have for- can pierce any of the existing of future mis- and if we think they should be gotten. We are about to Christmas, but sile defences, Strategic Rocket Forces Com- changed—and we have changed treaties mander, Lieutenant-General Sergei I have forgotten the date of today. It is over the years—then we are free to Karakayev said earlier. change the treaties. That is why there from Moscow ITAR-TASS, English ‘‘The combat capability of silo-based and version. Headline: ‘‘Russia Completes mobile Topol–M ICBMs is several times high- is a process set up, such as this amend- Design Work For Use Of RS–24 Missiles er than that of Topol missiles. They can ment process, to change the treaties. On Rail-based Systems.’’ pierce any of the existing and future missile So if we have fundamental objections I want my colleague from Massachu- defence systems. RS–24 missiles have even to the treaty, I think we can have a de- setts to hear this. The Russians aren’t better performance,’’ Karakayev said. bate on whether we should, on a par- crazy enough to think they could do a The Strategic Rocket Forces have six regi- ticular amendment, change the treaty rail system. Here is the headline, De- ments armed with silo-based Topol–M mis- on the merits of the amendment, but siles and two regiments armed with mobile we shouldn’t just say we can’t change cember 10: ‘‘Russia Completes Design Topol–M missiles. Each missile carries a sin- Work For Use of RS–24 Missiles On gle warhead. This year, Russia began deploy- any part of a treaty because it kills the Rail-based Systems.’’ ing RS–24 ICBMs with MIRVs. There is cur- treaty, because we have a constitu- Just to quote a couple lines from the rently one regiment armed with RS–24 mis- tional role in advice and consent on story: siles. whether we approve treaties.

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 21, 2010 CONGRESSIONAL RECORD — SENATE S10899 Just a couple points to make. One and Type Two inspections, and the ap- appropriately, because the report of First of all, this is from the State De- plication of unique identifiers on such ICBMs our committee says clearly that rail- partment’s Bureau of Verification, and, if applicable, on their launch canisters. mobile will be covered under article II Compliance, and Implementation. I ask Mr. ENSIGN. Madam President, let and this is unnecessary. So weighing it unanimous consent that it be printed me just read one paragraph from this: that way, it doesn’t make sense to do in the RECORD. If Russia chose to develop and deploy rail- it. There being no objection, the mate- mobile ICBMs, such missiles and their Let me say to my colleagues that I rial was ordered to be printed in the launchers would be subject to the Treaty and think we want to move to the Risch RECORD, as follows: its limitations. amendment, and I think it is the hope [From the Bureau of Verification, Compli- That is according to our State De- of the majority leader to try to have ance, and Implementation, Aug. 2, 2010] partment. two votes around the hour of 6 o’clock, RAIL-MOBILE LAUNCHERS OF ICBMS AND Specific details about the application of if that is possible, and then to proceed THEIR MISSILES verification provisions would be worked out to the Wicker amendment. Key Point: Neither the United States nor in the Bilateral Consultative Commission. I yield the floor to the Senator from Russia currently deploys rail-mobile ICBM So, in other words, if Russia decides Idaho. launchers. If a Party develops and deploys to build these things, then the verifica- The PRESIDING OFFICER. The Sen- rail-mobile ICBMs, such missiles, their war- tion has to be worked out by the Bilat- ator from Idaho. heads, and their launchers would be subject eral Consultative Commission. It isn’t AMENDMENT NO. 4878 to the Treaty. Definitions: The New START Treaty de- that it is set in there exactly what Mr. RISCH. Madam President, I wish fines an ICBM launcher as a ‘‘device intended would happen, but the verification cer- to call up amendment No. 4878. or used to contain, prepare for launch, and tainly would have to be worked out. The PRESIDING OFFICER. Is there launch an ICBM.’’ This is a broad definition The bottom line is, we believe there objection to setting aside the pending intended to cover all ICBM launchers, in- is ambiguity because of the statements amendment? cluding rail-mobile launchers if they were to made by the Russians themselves. That Without objection, it is so ordered. be deployed again in the future. There is no is the problem. If the Russians, in their The clerk will report. specific mention of rail-mobile launchers of statements in the Duma, if they have The bill clerk read as follows: ICBMs in the New START Treaty because been saying: Yes, we agree with exactly neither Party currently deploys ICBMs in The Senator from Idaho [Mr. RISCH] pro- that mode. Russia eliminated its rail-mobile the interpretation the Americans have poses an amendment numbered 4878. SS–24 ICBM system under the START Trea- been making, it would be a different Mr. RISCH. Madam President, I ask ty. Nevertheless, the New START Treaty’s story and we probably wouldn’t need unanimous consent that the reading of terms and definitions cover all ICBMs and this amendment. But because their the amendment be dispensed with. ICBM launchers, including a rail-mobile sys- statements—Senator KERRY’s counter- The PRESIDING OFFICER. Without tem should either Party decide to develop part in the Russian Duma has said the objection, it is so ordered. and deploy such a system. Americans are trying to bring into this The amendment is as follows: A rail-mobile launcher of ICBMs would meet the Treaty’s definition for an ICBM New START treaty mobile launchers, (Purpose: To provide a condition regarding launcher. Such a rail-mobile launcher would and the Russians don’t think they the return of stolen United States military therefore be accountable under the Treaty’s should be in there. So we think we equipment) limits. should clarify that language in a very At the end of subsection (a) of the Resolu- Because neither Party has rail-mobile unambiguous way, based on my amend- tion of Ratification, add the following: ICBM launchers, the previous definition of a ment, to make sure there is no ques- (11) RETURN OF STOLEN UNITED STATES MILI- rail-mobile launcher of ICBMs in the START tion on each side. TARY EQUIPMENT.—Prior to the entry into Treaty (‘‘an erector-launcher mechanism for I appreciate what the Senator from force of the New START Treaty, the Presi- launching ICBMs and the railcar or flatcar dent shall certify to the Committees on on which it is mounted’’) was not carried for- Massachusetts is saying, that they Armed Services and Foreign Relations of the ward into the New START Treaty. have destroyed their—it would be crazy Senate that the Russian Federation has re- If Russia chose to develop and deploy rail- for them to build them again. But as turned to the United States all military mobile ICBMs, such missiles and their the Senator from Arizona just talked equipment owned by the United States that launchers would be subject to the Treaty and about, they are at least designing. was confiscated during the Russian invasion its limitations. Specific details about the ap- Maybe they have a better system to of the Republic of Georgia in August 2008. plication of verification provisions would be use for rail-mobile launchers. We don’t Mr. RISCH. Madam President and fel- worked out in the Bilateral Consultative know that. But what we do know is, low Senators, I bring you what I be- Commission. Necessary adjustments to the lieve to be the first amendment to the definition of ‘‘mobile launchers of ICBMs’’— they don’t think this language applies, to address the use of the term ‘‘self-propelled the language in the treaty applies to resolution of ratification. We have had chassis on which it is mounted’’ in that defi- the mobile launchers. So they could a number of amendments that have nition—would also be worked out in the BCC. get around this treaty and the number been to the actual treaty itself. We Accountability: A rail-mobile launcher of warheads they could have, based on have listened to objection after objec- containing an ICBM would meet the defini- the language that is currently in the tion that: Oh, my gosh, we can’t pos- tion of a ‘‘deployed launcher of ICBMs,’’ treaty. sibly amend the treaty because if we which is ‘‘an ICBM launcher that contains an I just ask our colleagues to seriously do, we are going to have to sit down ICBM.’’ Deployed and non-deployed (i.e., both those consider removing the ambiguity and and talk to the Russians again. containing and not containing an ICBM) rail- voting for the Ensign amendment. We don’t have to worry about that mobile launchers of ICBMs would fall within I yield the floor. with this amendment. This is an the limit of 800 for deployed and non-de- The PRESIDING OFFICER. The Sen- amendment to the resolution of ratifi- ployed launchers of ICBMs and SLBMs and ator from Massachusetts. cation. It will not require that we sit deployed and non-deployed heavy bombers. Mr. KERRY. Madam President, I down with the Russians and negotiate. The ICBMs contained in rail-mobile don’t think we need to repeat. I appre- Frankly, I don’t know what is wrong launchers would count as deployed and ciate the Senator from Nevada and I with that. Frankly, I think it is a good therefore would fall within the 700 ceiling for deployed ICBMs, SLBMs, and heavy bombers. understand what he is saying. I com- idea after all the problems that have Warheads on deployed ICBMs contained in pletely agree with him about the ad- been raised with the treaty. But, none- rail-mobile launchers therefore would fall vice and consent role of the Senate, but theless, if that is an overriding con- within the limit of 1,550 accountable depart of that role is to make a judgment cern, you can set that aside and listen ployed warheads. about whether the consequences of to the merits of the amendment. Applicable Provisions: Separate from the some particular concern merit taking I have to tell my colleagues that part status of the rail-mobile ICBM launcher, all down the whole treaty and putting it of this I bring as a matter of frustra- ICBMs associated with the rail-mobile sys- back in the renegotiation process. It is tion. I have been involved with this for tem would be Treaty-accountable, whether they were existing or new types of ICBMs, not that we can’t or shouldn’t under months, and I am so tired of hearing and therefore would, as appropriate, be sub- the right circumstances; it is a ques- about accommodation after accommo- ject to initial technical characteristics exhi- tion of balancing what are the right dation after accommodation to the bitions, data exchanges, notifications, Type circumstances. We are arguing, I think Russians. It appears, before we even

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S10900 CONGRESSIONAL RECORD — SENATE December 21, 2010 started with this, the Russians said: equipment over there, not the least of We very much want Russia to with- Well, we are going to have to have in which were four American humvees. draw. We are very sympathetic to the the preamble language that says mis- The four American humvees were issue the Senator brings to our atten- sile defense is related to this, and we shipped to a port in Georgia and were tion. We have taken action in this body said no. We have to have the ability to in the process of being shipped back to to support Georgia’s territorial integ- protect our country and build missile the United States. There is no argu- rity. The START treaty and its ratifi- defense. The Russians said it has to be ment that the title to these four cation is important in reestablishing in there. It is in there. The next thing humvees is with the people of the confidence on verification as it relates we said: You know, for 40 years we have United States of America. They belong to our relationship with Russia on stra- been doing this, and you guys have a to me. They belong to you. They be- tegic arms, but it is also important for 10-to-1 advantage over us on tactical long to the U.S. military. They belong the engagement of Russia on other weapons; that is, short-range weapons. to all of us. issues. We can do more than one thing We ought to talk about that because The Russians, when they overran the at a time. you want to talk about parity on stra- Georgians and got to the seaport, found President Saakashvili of the Repub- tegic weapons. No, it can’t be in there. our humvees, and what did they do? lic of Georgia said: We accommodated the Russians again. Did they say: Well, yes, they belong to We all want—I personally want—Russia as Every time we turn around and put out the Americans; we will put them on the a partner and not as an enemy. Nobody has a problem here—just as we heard on boat that is supposed to go back to the a greater stake than us in seeing Russia turn this rail thing—every time we turn United States? No. They said: We are into a country that truly operates within the around and put out a problem that going to take them, and they stole concert of nations, respects international ought to be addressed, the people who them. Today, they still have them. law, and—this is often connected—upholds The United States has asked for the basic human rights. This is why I whole- are promoting this stand and apologize, heartedly support the efforts of European they accommodate, they say it is OK, four humvees back. But let me tell my and American leaders to strengthen their re- they overlook it, and we go on and on colleagues where the four humvees are. lationship with Russia. If you want to see a picture of them, and on. The leader of Georgia understands I am sitting here listening to this on you can go to msn.com and search that a better relationship between Rus- the rails, and the one side says: Well, Georgia and humvees and you can see a sia and the United States will help don’t worry about it; they are never picture of our humvees. Where are Georgia and its territorial integrity. going to build this anyway. We pull up they? They are in the Russian Central This treaty and its ratification will an article that says they are in the Armed Forces Museum in Moscow, help not only build confidence between process of doing this. Well, yes, but Russia. That is where our four humvees Russia and the United States but will don’t worry about it because it is going are. What are they doing there? They help the other countries of Europe, par- to be counted anyway. are on display as a war trophy, taken ticularly a country such as Georgia. So I have something here that, hope- by the Russians as a war trophy. Well, So the chairman of the committee is fully, we are not going to apologize to we weren’t engaged in that war. the Russians for. We are not going to So if we are going to have a good re- absolutely correct—and I think we can accommodate them. We are going to lationship with them, is it too much to verify that with the Parliamentarian— tell them that if you want a relation- ask to give us back the property they that this is not relevant on the issue ship with us, you have to be honest stole from us a little over 24 months we have before us. It is not part of the with us. ago? treaty we have negotiated. It is not We all know, and it has been widely So this is an easy one to vote for. I part of the ratification process. It is reported, that they cheat. They are se- have had discussions with my good not the appropriate forum for this type rial cheaters. They cheated in virtually friend from Massachusetts. He said this of amendment to be considered. It every agreement we have had with isn’t related. This is absolutely related. should be rejected on that basis. them. If we are going to have a rela- We are entering into a marriage on a The important thing in moving for- tionship with them and press the re- very important issue. ward with U.S. influence on Russia as start button—and I think we should. Shouldn’t we ask that they give us it relates to its neighbors, such as We should press the reset button. We our stolen property back? And Georgia, is to move forward with ratifi- should have a decent relationship with shouldn’t they say: Yes, we want to set cation of this treaty. them. But let’s wipe the slate clean the reset button too. We want to hold The PRESIDING OFFICER. The Sen- and let’s start with the military equip- hands and sing ‘‘Kumbaya.’’ We want ator from Massachusetts. ment they have stolen from us. That is to be friends. Mr. KERRY. Madam President, I will all this is about. Well, that is fine, but give us back be very quick. I don’t think we need to On August 8 of 2008, as we all know, our stolen military equipment. spend a lot of time on this. First of all, the Russians invaded Georgia, and That is all this asks for. It doesn’t we agree with the Senator from Idaho when they invaded Georgia, it was jeopardize the treaty; it just says it that under normal circumstances the pretty much of a mismatch. They ran goes into force as soon as they give us equipment they have would be best re- over the top of them, did a lot of bad our four humvees back. turned to the United States, and there things, and eventually there was a I yield the floor. are many good-faith ways in which peace accord that was brokered by Mr. CARDIN. Madam President, let they might do that. But the fact is that President Sarkozy, and the next me first tell my colleague that I sup- the way this is phrased, it has just two amendment I have deals more in-depth port the treaty because it is in the best enormous problems. First, it says prior with that. interest of the United States. It is in to the entry into force of the treaty. So But when they ran over the Geor- our national security interest. It is not we are linking this ancillary issue to gians, the American military had just an accommodation to Russia. This this entire treaty, which bears on a been there doing exercises with the treaty helps us on national security. whole set of other national security Georgians because the Georgians were That is what our military experts tell considerations. kind enough to engage with us and help us. That is what our intelligence ex- I want the four humvees back, and us in Afghanistan. They were preparing perts tell us. That is what our dip- whatever the small arms are, which to send troops to Afghanistan to help lomats tell us. On all fronts, the ratifi- raises another issue, but I am not will- us. So we Americans went over there cation of this treaty makes us a safer ing to see this entire treaty get caught and we said: OK. We need to do some nation. So it is not an accommodation up in that particular fracas. We have military exercises, engage in some to Russia. an unbelievable number of diplomatic joint training, so we can get you ready On the issue the Senator is concerned channels and other ways of prosecuting to go into Afghanistan. We are now about, both the Obama administration that concept, and I pledge to the Sen- preparing to leave. We have completed and this body have repeatedly re- ator that I am prepared, in the Foreign the exercises. We are preparing to affirmed our commitment to Georgia’s Relations Committee, to make certain leave. We obviously took a lot of our territorial sovereignty and integrity. we attempt to do that, as well as deal

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 21, 2010 CONGRESSIONAL RECORD — SENATE S10901 with the question of Russia’s compli- other actions with regard to sanctions the world community. I haven’t seen ance with the peace agreement with re- on Iran and diplomacy with North it. I am worried about it. spect to the cease-fire in Georgia and Korea. So the question is, if we abandon or so forth. These are essential ingredi- One can say it is not a big deal, this concede too much, are we helping de- ents, and we will talk about that in a military equipment, but on the other velop a positive relationship? I think moment. hand, they say it will destroy the trea- Senator RISCH is saying: Look, we have It also says they have to return all ty if we have this particular amend- a serious problem. They are holding military equipment. It doesn’t specify. ment. The reality is that we are simply our military equipment. Are we not This could become one of those things trying to make a point that the Rus- even going to discuss that? where we are saying, you have this, and sians have not acted well in a variety How do we get to a more positive re- they say, no, we don’t. Are we talking of situations. I cannot think of a better lationship with our Russian friends? I about small arms? What about ex- example than the invasion of Georgia, think the people of Russia are our pended ammunition? Who knows what the continued violation of the cease- friends. How do we get there? Is it the circumstances are? fire agreement they signed there, and through strength, constancy, consist- This is not the place or the time for the violation of the U.N. resolution. ency, principle, and position, or is it us to get caught up in linking this I would reiterate, at the summit dec- through weakness, placating, conces- treaty to this particular outcome. I laration—this is where the NATO mem- sion, and appeasing? Is that the way to really think that stands on its own. bers, meeting in Lisbon last month, gain respect and move us into a I yield the floor. joined together to call for a resolution healthier relationship? I don’t think The PRESIDING OFFICER. The Sen- to the problem, saying, ‘‘We reiterate so. ator from Arizona is recognized. our continued support for the terri- I think we have only one charge, and Mr. KYL. Madam President, obvi- torial integrity and sovereignty of that is to defend our legitimate inter- ously one of the purposes of these two Georgia within its internationally rec- ests. I believe this administration has amendments is to respond to one of the ognized borders.’’ And then they urge been too fixed on a treaty, and, as one arguments that has been raised in sup- all to play a constructive role and to observer and former treaty negotiator port of this treaty. We have this won- work with the U.N. to pursue a peace- has said: If you want it bad, you will derful new reset relationship with Rus- ful resolution of the internationally get it bad. In other words, if you want sia, and were we to not ratify the trea- recognized territory of Georgia. And the treaty too badly, you won’t be an ty, that relationship would be frayed, then the final sentence: effective negotiator. I remember during this process, on more than one oc- and who knows how much Russia We continue to call on Russia to reverse might react to it? It would be harder to its recognition of the South Ossetia and casion, warning and expressing concern get their cooperation on things. Those Abkhazia regions of Georgia as independent to our negotiators that we appeared to are all arguments that have been made. States. be too anxious to obtain this treaty I think one of the points of these two That is the kind of cooperation we and, if so, the Russians would play us amendments is to show that the reset are getting from the Russian Federa- like a fiddle. I am afraid that is what relationship between Russia and the tion these days. I appreciate the has happened. I think this Congress would do the United States has not produced all that amendments brought forth by my col- President, the world, Russia, and our much good behavior or cooperation on league to highlight that fact. country a service if we said what Sen- the part of the Russians. I earlier de- The PRESIDING OFFICER. The Sen- ator RISCH says: OK, guys, how about tailed all of the ways—at least a few— ator from Alabama is recognized. letting our equipment be sent back. If in which Russia had been very Mr. SESSIONS. Mr. President, I you are not willing to do that, then we unhelpful to the United States with re- agree with Senator KYL and support have a serious problem. gard to Iran. I noted I think 2 days ago the Risch amendment. I remember at a I thank the Chair and yield the floor. or maybe yesterday that in the U.N., NATO conference not too many years The PRESIDING OFFICER. The Sen- they were trying to water down a reso- ago President Bush was advocating for ator from Idaho is recognized. lution dealing with North Korea that Georgia being a member of NATO, to Mr. RISCH. Madam President, first of we are working hard to try to obtain. show you how serious these matters all, to my good friend from Maryland, They have been very difficult to deal are. So had we voted to bring Georgia I agree with much of what he said with with regard to North Korea and into NATO—and they were on the short about our relationship and the rela- Iran. At the end of the day, I think list—we would be in a situation in tionship between Georgia and Russia. I they only do what is in their best in- which the Russians would be invading will speak about that in the next terest, in any event—not basing their a NATO country. The act of Russia in- amendment I am going to offer, which decisions of what is in their best inter- vading Georgia was a dramatic event. is No. 4879, right after this one. I know ests on some concept of a new friendli- The proponents of the treaty por- the Senator didn’t talk about our sto- ness with the United States. trayed this matter as advancing our re- len military equipment by the Rus- I think part of the reason my col- lationship with Russia. I think Senator sians. league from Idaho offered these two KERRY has been not so aggressive—that To my friend from Massachusetts, amendments is to simply demonstrate hasn’t been one of his themes. But a lot who responded to what I said, I say: that this new relationship isn’t all that of people have, and I think he was wise Here we go again. This is exactly why its cracked up to be if they won’t even not to go down that road. I brought this amendment. We are give us some equipment they con- A lot of people have tried to say we again accommodating the Russians. fiscated when they invaded Georgia. are going to get along with Russia bet- Why can’t we just once ask them to be- That is not a major point in inter- ter by signing this treaty with them. have themselves and say: Look, this is national diplomacy, and it certainly That is not a sound basis to sign a trea- not a big matter, but you are acting isn’t a major point with respect to U.S. ty. We all need a better relationship like a thief. military capability. It is illustrative of with Russia. That I certainly acknowl- Do you want to see what they did? I something. edge. Georgia would certainly benefit made reference for you to go on the The point of the amendment is to say from it, and hopefully the world will Internet to see the pictures, but here that you have quite a bit of time before have a better relationship with Russia. they are. If you are a good American, this treaty enters into force. A lot has But I am unable to fathom a lot of you can go there and you can watch to happen. It is sent to Russia, the the Russian activities, frankly. It is your property right here being towed Duma has to deal with it, and so on. just difficult for me. Why have they ne- away by the Russians, back to Moscow, Just return the stuff. Maybe that lit- gotiated so hardheadedly on this treaty to put on display as a trophy. Here is tle gesture of good will would help to to actually reduce the number of in- another picture of it right here. This is reestablish this so-called reset rela- spections over what we had in the pre- even better. This is one of our humvees tionship in ways they have not been vious treaty? Why? I thought Russia being towed by the Russians. This able to accomplish by getting Russian was about wanting to move forward humvee is headed back to Moscow, support with the U.N. resolutions and into the world and be a good citizen in where it is now displayed as a trophy.

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S10902 CONGRESSIONAL RECORD — SENATE December 21, 2010 Is it too much to ask, where we are based interceptor missile defense sys- setts, Senator KERRY. I wish to respond going to enter into this agreement and tem in Poland to comply with Russian to Senator RISCH’s amendment because supposedly befriend and supposedly demands during this treaty process was I am very sympathetic to the concerns reset the button on our relationship, is a terrible thing, especially when we did he is raising. it too much to say: Look, you stole not even tell our friends in the sov- All who watched Russia’s invasion of from us. You are acting like a thief. ereign nation of Poland we intended to Georgia had to be outraged about what Give us back the property we own. do it before we announced it with the happened. In fact, I have a resolution I Is that asking too much of the Rus- Russians. have submitted with Senators GRAHAM sians? Can we not just once, instead of The Senator is just raising a reality. and LIEBERMAN. I hope, perhaps, the accommodating them, instead of apolo- I say to Senator RISCH, we have some Senator from Idaho might be willing to gizing for them, instead of saying we problems here, and we might as well take a look at this resolution and work should not tie this to that or we will put it out on the table, be realistic with us on it next year because one of not get it, can we not just once say: about it, and take off the rose-colored the things it does is it calls upon the Give us our stolen property back. glasses. This amendment is one way to Government of Russia to take steps to That is all we are asking here. It is say let’s get serious and talk with our fulfill all the terms and conditions of not a big thing, but it does give us a Russian friends about some serious dif- the 2008 cease-fire agreement, includ- clear indication of what they are ficulties we have. ing returning military forces to prewar thinking, of what their relationship is I yield the floor. positions and ensuring access to inter- with us, of what they want their rela- The PRESIDING OFFICER. The Sen- national humanitarian aid to all those tionship to be with us. ator from Idaho. affected by the conflict. This is not asking too much. This Mr. RISCH. Madam President, I call It also deals with a number of other does not blow up the treaty. It simply up Risch amendment No. 4879. provisions in that resolution with re- says they pack up the four humvees The PRESIDING OFFICER. Is there spect to Georgia. and, and as soon as they do, the treaty objection? I also point out, as I am sure my goes into effect. That is not too much Mr. KERRY. Madam President, at friend from Idaho knows, that Georgia to ask. this time there is, until we have an op- has recognized it is in their interest to I yield to my good friend from Massa- portunity—we were going to work this have relations with Russia that can ad- chusetts. out with Senator KYL after the vote. dress their border concerns in a way The PRESIDING OFFICER. The Sen- So I object to it at this moment. that is positive, to have Russia work- ator from Massachusetts. The PRESIDING OFFICER. Objec- ing with the international community Mr. KERRY. Madam President, this as opposed to working as a pariah. has been cleared on both sides. tion is heard. Mr. KERRY. I believe Senator KYL They may represent what we have I ask unanimous consent that at 6 heard from all our NATO allies with re- p.m., the Senate proceed to votes in re- had two amendments he wanted to get up at this point in time. spect to the START treaty; that it is in lation to the following amendments to the best interest of our NATO allies. the START treaty and the resolution Mr. KYL. What was the unanimous consent request? We have heard from those countries of ratification: Ensign amendment No. that border Russia—Latvia, Poland, 4855 and Risch amendment No. 4878; Mr. KERRY. The Senator from Idaho requested to go to his next amendment, and a number of other countries—that further, that prior to the votes, there they would like to see the United be no second-degree amendments in which is No. 4879. That was the one the Senator from Arizona and I were talk- States ratify the New START treaty. order to the amendment, and that the I am in agreement with the concerns ing about with respect to an issue we time before the votes be divided equal- Senator RISCH raised. I have questions wanted to work out with the Parlia- ly between the sponsors and myself or about whether this is the best way to mentarian before we go to it. I think their designees. do it, given the confines of the New the Senator and I had agreed he would The PRESIDING OFFICER. Without START treaty and our efforts to get like to go to two other amendments objection, it is so ordered. this into effect as soon as possible so The Senator from Alabama. next in line. We will come back to this we do not continue to have a situation Mr. SESSIONS. Madam President, I issue. where we do not have inspectors on the will share one thought I remember so Mr. KYL. Madam President, that un- ground in Russia who can help gather vividly before Russia invaded Georgia. derstanding is fine. There are two intelligence, who can see what is going We were at a NATO conference. There Members who I think will be ready to on with their nuclear arms in a way was a discussion outside the normal go forward with their amendments im- that would also benefit Georgia. meeting. One weak-kneed, I suppose, mediately following the two votes at 6 I understand the concerns. I agree European explained to the Georgians o’clock. with those. But I cannot support this why it was difficult for the other na- Again, for benefit of the Members, it amendment because of the negative tions to support Georgia in their idea is my hope that we can continue to impact it might have on ratifying the to be in NATO and suggested it was dif- work through as many amendments as treaty. ficult because Russia was a big and possible this evening, maybe have de- Mr. RISCH. Madam President, may I powerful country. bate a couple at a time and vote, what- respond. The Georgian replied—and I have ever the body desires. But perhaps we The PRESIDING OFFICER. The Sen- never forgotten it—saying: Well, sir, could continue at least to work ator from Idaho. we think it is a question of values. Mr. through a few more amendments yet Mr. RISCH. Madam President, some- Putin said last year the greatest dis- this evening. how the debate about the relationship aster of the 20th century was the col- Mr. KERRY. I agree with that com- between Russia and Georgia and our re- lapse of the Soviet Union. We in Geor- pletely. We have a fairly limited list, lationship as far as Georgia is con- gia believe it was the best thing that and I think it is possible to move cerned has crept into this debate. This happened in the 20th century. It is a through them rapidly. I appreciate the amendment has nothing to do with question of values. We share your val- efforts of the Senator from Arizona to Georgia, other than the fact that is ues. We want to be with you. do so. where the theft took place. The inter- I have to say it is deeply troubling to Madam President, how much time do national criminal offense of theft of me that our Russian friends are being we have on our side? our military property took place in so recalcitrant and so aggressive and so The PRESIDING OFFICER. Six min- Georgia. That is the only thing Georgia hostile to sovereign states such as utes. has to do with this. This has nothing to Georgia, the Ukraine, the Baltics, and Mr. KERRY. I yield 4 minutes to the do with the relationship. Amendment Poland. They used to be a part of the Senator from New Hampshire. No. 4879 has a lot to do with it. When Soviet empire. They are now sovereign The PRESIDING OFFICER. The Sen- we get there, we will talk about that. nations, independent in every way. ator from New Hampshire. I regret my good friend from New Conceding, as part of these negotia- Mrs. SHAHEEN. Madam President, I Hampshire cannot support this amend- tions, the deployment of a ground- thank my colleague from Massachu- ment, because although I suspect I will

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 21, 2010 CONGRESSIONAL RECORD — SENATE S10903 support the resolution, we do a lot of the Helsinki Commission on other Risch Shelby Vitter Roberts Snowe Wicker these resolutions. We do the resolution issues. Sessions Thune and send it off to the Russians. They The issue the Senator is bringing up are going to be laughing up their sleeve about the return of property is very NAYS—63 at us, whilst they are fondling our important to America. We believe in Akaka Feinstein Mikulski Alexander Franken Murkowski equipment that they have possession many cases the Russian Federation is Baucus Gillibrand Murray of. not living up to their international Begich Hagan Nelson (NE) There are no teeth in these resolu- commitments under international Bennet Harkin Nelson (FL) tions. We actually have the oppor- agreements. We will bring those up, Bennett Inouye Pryor Bingaman Johnson Reed tunity to do something to get our mili- and we will fight in those forums. But Boxer Kerry Reid tary equipment back. If they are acting this treaty is in our interest. This trea- Brown (OH) Klobuchar Rockefeller in good faith, if they are people of good ty and our actions should deal with the Cantwell Kohl Sanders will, if they want a relationship with Cardin Landrieu Schumer four corners of the agreement. Carper Lautenberg Shaheen us, then they are going to have to In that respect, I very much oppose Casey Leahy Specter make a choice: Do we keep four the Senator’s amendment. Collins Levin Stabenow humvees or do we give them back so Conrad Lieberman Tester Mr. RISCH. Madam President, may I Coons Lincoln Udall (CO) this treaty can go into effect? That is claim my 19 seconds. Corker Lugar Udall (NM) the choice they are going to have to The PRESIDING OFFICER. The Sen- Dodd Manchin Voinovich make. ator from Idaho. Dorgan McCaskill Warner That is not too tough a choice to put Durbin Menendez Webb Mr. RISCH. Madam President, with Feingold Merkley Whitehouse on them. Do you want to continue to all due respect to my good friend from be thieves or do you want to be honest Maryland, this is exactly the right ve- NOT VOTING—5 about this and deliver the goods you hicle to bring this up. This is a vehicle Bayh Brownback Wyden Bond Gregg have stolen? There is nothing wrong of trust, and it is a vehicle that puts about that. This gives us the oppor- some teeth in an otherwise toothless The amendment (No. 4855) was re- tunity, I say to the good Senator, to do thing. jected. what you exactly do on the resolution, As far as human rights versus this VOTE ON AMENDMENT NO. 4878 but it is going to give it some teeth. stolen property, this is very objective, The PRESIDING OFFICER (Mr. I yield the floor. it is hard, you can see it. The human UDALL of Colorado). Under the previous Mr. KERRY. Madam President, how rights violations I think are entirely order, the question is on agreeing to much time remains? different. They certainly are impor- the Risch amendment No. 4878. The PRESIDING OFFICER. Three tant. They certainly rise to as high a The Senator from Massachusetts. minutes. level, but this is objective. Mr. KERRY. Mr. President, I move to Mr. KERRY. On both sides? How The PRESIDING OFFICER. The Sen- table the Risch amendment. I ask for much remains on the proponents’ side? ator’s time has expired. the yeas and nays, and I ask unani- The PRESIDING OFFICER. The mi- Mr. KERRY. Madam President, I be- mous consent this be a 10-minute vote. nority has 19 seconds; the majority has lieve all time has expired; is that cor- The PRESIDING OFFICER. Is there 3 minutes. rect? objection? Mr. KERRY. I suggest the absence of The PRESIDING OFFICER. The Sen- Without objection, it is so ordered. a quorum. I withhold that request. ator has 1 minute remaining. Is there a sufficient second? The PRESIDING OFFICER. The Sen- Mr. KERRY. I yield back my time. There appears to be a sufficient sec- ator from Maryland. ond. Mr. CARDIN. Madam President, I, The PRESIDING OFFICER. Time is The question is on agreeing to the first, thank the Senator from Idaho for yielded back. All time is expired. motion to table. bringing up this issue. I might tell him, VOTE ON AMENDMENT NO. 4855 The clerk will call the roll. I have a laundry list of issues with The question is on agreeing to the The legislative clerk called the roll. which I would like to deal with Russia. Ensign amendment No. 4855. Mr. DURBIN. I announce that the I have the honor of chairing the Hel- Mr. KERRY. I ask for the yeas and Senator from Indiana (Mr. BAYH), the sinki Commission. We have a lot of nays. Senator from New York (Mrs. human rights issues with Russia, and The PRESIDING OFFICER. Is there a GILLIBRAND), and the Senator from Or- we raise them all the time as aggres- sufficient second? egon (Mr. WYDEN) are necessarily ab- sively as we can. I am proud the Obama There appears to be a sufficient sec- sent. administration has raised these issues ond. I further announce that, if present at the highest level with the Russian The clerk will call the roll. and voting, the Senator from New York Federation. We are very sympathetic The bill clerk called the roll. (Mrs. GILLIBRAND) would vote ‘‘yea.’’ to the issue the Senator has brought Mr. DURBIN. I announce that the Mr. KYL. The following Senators are up. It is the wrong vehicle to deal with Senator from Indiana (Mr. BAYH) and necessarily absent: the Senator from this issue. It is the wrong vehicle. This the Senator from Oregon (Mr. WYDEN) Missouri (Mr. BOND), the Senator from treaty is important for U.S. national are necessarily absent. Kansas (Mr. BROWNBACK), the Senator security. That is why I support the Mr. KYL. The following Senators are from New Hampshire (Mr. GREGG), and ratification. That is why I urge my col- necessarily absent: the Senator from the Senator from Oklahoma (Mr. leagues to support the ratification. Missouri (Mr. BOND), the Senator from COBURN). Yes, it is appropriate in our advise- Kansas (Mr. BROWNBACK), and the Sen- The PRESIDING OFFICER. Are there and-consent role for us to take up ator from New Hampshire (Mr. GREGG). any other Senators in the Chamber de- issues that are relevant to the subject The PRESIDING OFFICER. Are there siring to vote? matter of the treaty. The problem is, any other Senators in the Chamber de- The result was announced—yeas 61, the issues the Senator from Idaho is siring to vote? nays 32, as follows: bringing up are not relevant to the sub- The result was announced—yeas 32, [Rollcall Vote No. 294 Ex.] ject matter of the treaty. Therefore, it nays 63, as follows: YEAS—61 is the wrong vehicle to take up this [Rollcall Vote No. 293 Ex.] issue. Akaka Cardin Feingold YEAS—32 I do not want the Senator from Idaho Alexander Carper Feinstein Barrasso Crapo Inhofe Baucus Casey Franken to interpret my opposition to his Brown (MA) DeMint Isakson Begich Collins Hagan amendment as opposing what he is try- Bunning Ensign Johanns Bennet Conrad Harkin ing to do. I agree with what he is try- Burr Enzi Kirk Bennett Coons Inouye ing to do. It is the wrong vehicle on Chambliss Graham Kyl Bingaman Corker Johnson Coburn Grassley LeMieux Boxer Dodd Kerry which to put it. I urge the Senator to Cochran Hatch McCain Brown (OH) Dorgan Kirk work with Senator SHAHEEN, work with Cornyn Hutchison McConnell Cantwell Durbin Klobuchar

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S10904 CONGRESSIONAL RECORD — SENATE December 21, 2010 Kohl Mikulski Shaheen (Purpose: To provide an understanding that Background: The New START Treaty au- Landrieu Murkowski Specter provisions adopted in the Bilateral Con- thorizes the Parties to use the Bilateral Con- Lautenberg Murray Stabenow sultative Commission that affect sub- sultative Commission (BCC) to reach agree- Leahy Nelson (NE) Tester Levin Nelson (FL) stantive rights or obligations under the ment on changes in the Protocol to the Trea- Udall (CO) Treaty are those that create new rights or ty, including its Annexes, that do not affect Lincoln Pryor Udall (NM) obligations for the United States and must substantive rights or obligations. The Lugar Reed Warner Manchin Reid Webb therefore be submitted to the Senate for START Treaty’s Joint Compliance and In- McCaskill Rockefeller Whitehouse its advice and consent) spection Commission and the Intermediate Menendez Sanders At the end of subsection (b) of the Resolu- and Shorter Range Nuclear Forces Treaty’s Merkley Schumer tion of Ratification, add the following: Special Verification Commission were as- NAYS—32 (4) BILATERAL CONSULTATIVE COMMISSION.— signed similar responsibilities by those trea- It is the understanding of the United States ties. Barrasso Graham McConnell that provisions adopted in the Bilateral Con- The Chemical Weapons Convention, the Brown (MA) Grassley Risch Open Skies Treaty, and the Conventional Bunning Hatch sultative Commission that affect substantive Roberts Forces in Europe Treaty provide similar au- Burr Hutchison Sessions rights or obligations under the Treaty are Chambliss Inhofe Shelby those that create new rights or obligations thority to effect technical changes that are Cochran Isakson Snowe for the United States and must therefore be deemed necessary by the Parties during the Cornyn Johanns Thune submitted to the Senate for its advice and implementation of the respective treaty. Crapo Kyl Vitter consent. Authority of the BCC: In addition to mak- DeMint LeMieux Voinovich ing technical changes to the Protocol, in- Ensign Lieberman Mr. WICKER. Mr. President, I rise Wicker cluding its Annexes, that do not affect sub- Enzi McCain this evening to offer another amend- stantive rights or obligations, the BCC may: ment to the resolution of ratification. NOT VOTING—7 resolve questions relating to compliance This amendment rises out of concerns with the obligations assumed by the Parties; Bayh Coburn Wyden over the Bilateral Consultative Com- Bond Gillibrand agree upon such additional measures as may Brownback Gregg mission known as the BCC. The BCC be necessary to improve the viability and ef- has been referred to numerous times in fectiveness of the Treaty; discuss the unique The motion was agreed to. debate today. Article XII of the treaty features of missiles and their launchers, Mr. KERRY. Mr. President, I move to establishes the BCC as a forum for the other than ICBMs and ICBM launchers, or parties to resolve issues concerning im- SLBMs and SLBM launchers, referred to in reconsider the vote. paragraph 3 of Article V of the Treaty, that Mr. CORKER. I move to lay that mo- plementation of the treaty. Part six of distinguish such missiles and their launchers tion on the table. the protocol says the BCC has the au- from ICBMs and ICBM launchers, or SLBMs thority to resolve questions relating to The motion to lay on the table was and SLBM launchers; discuss on an annual compliance, agree to additional meas- basis the exchange of telemetric information agreed to. ures to improve the viability and effec- under the Treaty; resolve questions related The PRESIDING OFFICER. The ma- tiveness of the treaty, and discuss to the applicability of provisions of the Trea- jority leader is recognized. other issues raised by either party. ty to a new kind of strategic offensive arm; This clearly is very broad authority and discuss other issues raised by either Mr. REID. Mr. President, we are in a Party. position now—we don’t have the con- given to the BCC. In effect, the subject If amendments to the Treaty are nec- sent agreement completely fixed, but matter jurisdiction of the BCC seems essary, the Parties may use the BCC as a we know what we are going to do. We limitless, based on the clear language framework within which to negotiate such are going to have three votes, three dif- of article XII. amendments. However, once negotiated, such ferent amendments. There would be a Former National Security Adviser amendments may enter into force only in ac- half hour debate on each amendment. under President George W. Bush, Ste- cordance with procedures governing entry So we likely will have a series of votes phen Hadley, appeared before the For- into force of the Treaty. This means that they would be subject to the advice and con- at 8:15 or thereabouts tonight. Senator eign Relations Committee and expressed concerns over this treaty. He sent of the United States Senate. KERRY will offer a consent agreement This provision ensures that the Senate’s to this effect very shortly. In the stated, with regard to the Bilateral Constitutional role in providing advice and meantime, we can start debating one of Consultative Commission: consent to the ratification of treaties is not the amendments. The Bilateral Consultative Commission undermined. seems to have been given authority to adopt, RULES GOVERNING THE WORK OF THE BCC The PRESIDING OFFICER. The Sen- without Senate review, measures to improve ator from Massachusetts. the viability and effectiveness of the treaty The BCC is required to meet at least twice each year in Geneva, Switzerland, unless the Mr. KERRY. Mr. President, I under- which could include restrictions on missile defense. Parties agree otherwise. stand there will be three amendments The work of the BCC is confidential, except we will proceed with. Two will be of- It is that element of Senate review if the Parties agree in the BCC to release the fered by Senator KYL and one by Sen- that this amendment would inject back details of the work. ator WICKER. Senator WICKER is pre- into the process. BCC agreements reached or results of its pared to call up his amendment. Others have voiced concern that the work recorded in writing are not confiden- mandate of the BCC is overly broad. tial, except as otherwise agreed by the BCC. The PRESIDING OFFICER. The Sen- This should trouble Senators. It is why ator from Mississippi is recognized. Mr. WICKER. The fax sheet mentions I offer this amendment to place proper on more than one occasion that AMENDMENT NO. 4895 limits on the power of the BCC. changes adopted by the BCC cannot af- Mr. WICKER. I ask unanimous con- I hold in my hand a fax sheet written fect substantive rights or obligations. sent to call up amendment No. 4895 by by the Department of State Bureau of It says under background: ‘‘The New Wicker and Kyl. Verification, Compliance, and Imple- START treaty authorizes the parties mentation, dated August 11, 2010. I ask The PRESIDING OFFICER. Without to use the Bilateral Consultative Com- unanimous consent that it be printed objection, it is so ordered. mission, BCC, to reach agreement on in the RECORD. changes in the protocol to the treaty, The clerk will report. There being no objection, the mate- including its annexes, that do not af- The legislative clerk read as follows: rial was ordered to be printed in the fect substantive rights or obligations.’’ RECORD, as follows: The Senator from Mississippi [Mr. WICK- Further down under authority of the [FROM THE BUREAU OF VERIFICATION, COMPLI- ER], for himself and Mr. KYL, proposes an BCC, the State Department fax sheet ANCE, AND IMPLEMENTATION, AUG. 11, 2010] amendment numbered 4895. says: ‘‘In addition to making technical BILATERAL CONSULTATIVE COMMISSION (BCC) changes to the protocol, including its Mr. WICKER. I ask unanimous con- Key Point: The New START Treaty estab- annexes that do not affect substantive sent that reading of the amendment be lishes the BCC to work questions related to rights or obligations, the BCC may,’’ dispensed with. Treaty implementation. The use of treaty- and then it lists the six bullets. First, The PRESIDING OFFICER. Without based commissions to agree on limited technical changes to improve or clarify imple- resolve questions relating to compli- objection, it is so ordered. mentation of treaty provisions is a well-es- ance with the obligations assumed by The amendment is as follows: tablished practice in arms control treaties. the parties. Secondly, agree upon such

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On the other side, it ICBM launchers or SLBM and SLBM necessary to improve the viability and is a dangerous amendment because it launchers referred to in paragraph 3 of the effectiveness of the treaty.’’ If forces us to delay for months the im- article V of the treaty that distinguish those additional measures they might plementation of technical agreements such missiles and their launchers from approve at some point in time are that our inspectors ought to be allowed ICBM and ICBM launchers and SLBM changes to the protocol or to its an- to implement without delay. and SLBM launchers. Next, discuss on nexes and if the changes don’t affect I reserve the remainder of my time an annual basis the exchange of tele- substantive rights or obligations under and ask unanimous consent that upon metric information under the treaty. the treaty, then it is entirely allowable the use or yielding back of time speci- Fifth, resolve questions related to the for those changes to be adopted with- fied below, the Senate proceed to votes applicability of provisions of the treaty out referring them back to the Senate in relation to the following amend- to a new kind of strategic offensive for any advice or ratification. The Sen- ments to the resolution of ratification: arm. And finally, discuss other issues ators’ proposed amendment would Wicker 4895, Kyl 4860, and Kyl 4893; fur- raised by either party. But the changes make it U.S. policy all of a sudden that ther, that prior to the votes there be no may not affect substantive rights or the phrase ‘‘do not affect substantive second-degree amendment in order to obligations of the parties. rights or obligations’’ means ‘‘doesn’t any of the amendments and that there ‘‘Rules governing the work of the create new rights or obligations.’’ So be 30 minutes of debate on each amend- BCC: The BCC is required to meet at there is a distinction between affecting ment equally divided between the spon- least twice a year in Geneva unless the substantive rights and then having the sors of the amendment and myself and/ parties agree otherwise. The work of operative language that kicks it into or my designee or the designee of the gear become the creation of rights or the BCC is confidential, except if the sponsors; further, I ask unanimous con- obligations. This proposal is unneces- parties agree in the BCC to release de- sent that the time already consumed sary. by Senator WICKER and myself be tails of the work,’’ and ‘‘BCC agree- Why? We have operated without it ments reached or result of its work recounted toward this agreement. for 15 years under the START treaty The PRESIDING OFFICER. Without corded in writing are not confidential without a single problem. The New . . . ’’ The BCC can agree to amend- objection, it is so ordered. START treaty uses the exact same ap- Mr. KERRY. How much time do I ments in the treaty, but they must be proach that has worked for 15 years. have remaining? submitted back to the Senate for ad- We have a lot of experience in deter- The PRESIDING OFFICER. The Sen- vice and consent. It is a very powerful mining what constitutes substantive ator has 9 minutes remaining on the commission, no doubt. And it is reas- rights or obligations. Wicker amendment. suring to have this fax sheet saying More importantly, I mentioned a mo- Mr. KERRY. I yield 3 minutes to the that substantive changes cannot be ment ago that this could be harmful to Senator from Maryland. made by the BCC. American interests. Here is how. It Mr. CARDIN. Let me thank Senator It would be more reassuring if we put would actually require that agree- WICKER for bringing forward this this in writing, and that is what the ments we want to move on and that act amendment. I know it is an amend- Wicker-Kyl amendment 4895 does. It is in our national security interest would ment he feels very strongly about. I very simple and it uses the State De- be delayed and referred to the Senate, compliment him because I believe a partment language, stating that provi- and we all know how long that could good part of what he was concerned sions adopted by the BCC that affect take, even if the new rights or obliga- about is already in the resolution of substantive rights—and these are the tions that they created were absolutely advice and consent on ratification. words used by the State Department in technical in nature. No matter how As the Senator pointed out, there is a the fax sheet—are those that create technical or trivial, they have to come consultation process before the Bilat- new rights or obligations for the to the Senate to become hostage to one eral Consultative Commission to meet United States and must therefore be Senator or another Senator’s other on any changes that would modify the submitted to the Senate for its advice agenda in terms of our ability to move, treaty itself. There has to be consulta- and consent. at least as structured here. tion with Congress on those issues, as The bottom line is this: If it is deter- Under START, the compliance com- the Senator pointed out in his com- mined that a substantive change has mission adopted provisions on how in- ments. So I think we have already been made by a decision of the BCC, spectors would use radiation detection taken care of the major concern the then that change should be subject to equipment to determine that the ob- Senator has that it would be a sub- the advice and consent of the Senate. jects on a missile that Russia declared stantive decision made by the Bilateral I urge a ‘‘yes’’ vote to this very sim- not to be warheads were, in fact, non- Consultative Commission. ple but straightforward amendment. nuclear and, therefore, not warheads. Secondly, let me point out that The PRESIDING OFFICER. The Sen- There was absolutely no need for the whatever the Bilateral Consultative ator from Massachusetts. Senate to hold hearings, write reports, Commission does, it is limited by the Mr. KERRY. Mr. President, the or have a floor debate on that provi- treaty itself, which, hopefully, will amendment offered by Senator WICKER sion, even though it created a new have been ratified by both the United is an amendment that is looking for an right for the inspecting side and a new States and Russia. So there will be a issue. There is no issue that is joined obligation for the hosting side in an in- limit on the ratification already in the here with respect to the bilateral com- spection. We don’t want to take away process. mission or what it might do with re- our ability to be able to do that. This As Senator KERRY pointed out, we spect to the creation of rights. But if amendment would do that. certainly do not want to hold up Sen- this amendment were to pass, there Similarly, the commission under ate ratification for minor administra- would be an issue, not only an issue START reached agreement from time tive issues, knowing how long Senate with respect to Russian participation to time on changes in the types of in- ratification of anything related to a but actually an issue that could be spection and equipment that a country treaty could take. harmful to the United States. This is a could use. Equipment changes over The last point I want to bring out is, little bit technical and it is a tricky time, as we know. Technology ad- the Senator mentioned missile defense, thing to follow in some ways, but let vances, so the equipment changes. Giv- and I know this has been brought up me lay this out. ing U.S. inspectors the new right to use over and over and over. But in our ad- Under the START treaty, the prior that equipment or the new obligation vice and consent to the ratification of treaty under which we have lived since to let Russian inspectors use it hardly the treaty, we have already put in that: 1992, and now under the proposed New warrants referral to the Senate for its . . . the New START Treaty does not im- START treaty, the consultative com- advice and consent. pose any limitations on the deployment of

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I think it is unworkable to try to get As part of START I, we reached a So we already put in the resolution the Senate involved in all the changes binding side agreement—a side agree- the concern that the Senator has in trying to say what is substantive ment—because the Senate had said we voiced as the major reason he wanted and what is not. I think you would be needed to include these weapons in the to expand the consultative process, interfering with the administration of treaty. So a side agreement was which is also already included in the the verification systems, et cetera. So reached that they would limit a de- resolution. I would just urge our colleagues to re- ployment of sea-launched cruise mis- I think the point Senator KERRY has ject the amendment. siles or the SLCMs due to their impact raised is that this would make it tech- I say to Senator WICKER, I think on on strategic stability, the point being nically unworkable for the Bilateral our side we are prepared to yield back. that whether these sea-launched cruise Consultative Commission to do its So if the Senator would like to—— missiles are deemed tactical or stra- work if we required Senate consulta- Mr. WICKER. Mr. President, I yield tegic, they actually have a strategic tion or ratification every time the back. component, especially if they are sit- Commission wanted to meet. Mr. CARDIN. Mr. President, we yield ting right off your coast and they are For all those reasons, I urge my col- back the time on this amendment. launched and they can hit your coun- leagues to reject the amendment. As I understand the unanimous con- try. So that agreement was put into a The PRESIDING OFFICER. Who side agreement between the then-So- yields time? sent agreement, it is 30 minutes per amendment. Then I think we are pre- viet Union and the United States. The Senator from Mississippi. But when this New START treaty Mr. WICKER. Mr. President, if no one pared to go to Senator KYL for his amendment. was negotiated, there was no similar else seeks time on this amendment, I side agreement. So there were no re- would be prepared to close. The PRESIDING OFFICER. The Sen- ator from Arizona. strictions on SLCM deployments. The It may be that my friend from Mary- side agreement in the START treaty land is satisfied that there are no re- Mr. KYL. Mr. President, a point of inquiry before I begin. Is there a reason limited both nations to fewer than 800 strictions on missile defense in this as- SLCMs with a range greater than 600 pect of the treaty. But it did not sat- I should speak to either amendment No. 4860 or amendment No. 4893 first? kilometers. In the 2010 Nuclear Posture isfy Stephen Hadley, the National Se- Review, the administration committed curity Adviser to former President The PRESIDING OFFICER. The Sen- ator can speak in whatever order he to unilaterally eliminating our SLCM George W. Bush, who came before our capability. committee with concerns. wishes, but neither amendment has been offered. The United States will retire the nuclear- It seems to me we have a very simple equipped sea-launched cruise missile (TLAM- way to address those concerns. Let me Mr. KYL. Thank you, Mr. President. N). reiterate to my colleagues the quote of AMENDMENT NO. 4860 Under Secretary Miller said: Mr. Hadley: Then, Mr. President, with that, I The timeline for its retirement will be over The Bilateral Consultative Commission would like to offer amendment No. the next two or three years. seems to have been given authority to adopt 4860, SLCM side agreement, which I be- Now Russia is developing a new without Senate review measures to improve lieve is pending at the desk. I would version of its SLCM, with a range of up the viability and effectiveness of the Treaty ask for its consideration. to, approximately, 5,000 kilometers, which could include restrictions on missile The PRESIDING OFFICER. Is there defense. which is a longer range than some of objection? the ballistic missiles that are covered I would also agree with my colleague Without objection, the clerk will re- by the New START treaty. from Maryland that, indeed, the BCC port the amendment. So that is why we believe there has the authority to negotiate amend- The assistant legislative clerk read should be a side agreement, just like ments to the treaty. That is acknowl- as follows: there was in START I, that deals with edged in the factsheet by the State De- The Senator from Arizona [Mr. KYL] pro- these SLCMs. We are not going to have partment. poses an amendment numbered 4860. them, Russia is. Yet there is nothing in The simple step beyond that I am Mr. KYL. Mr. President, I ask unani- the treaty that would count their trying to do with my amendment is to mous consent that reading of the SLCMs against the total limit of war- make it clear, using the terms supplied amendment be dispensed with. heads or delivery vehicles that are al- to us by the State Department that The PRESIDING OFFICER. Without lowed under the treaty or in any other say: The BCC cannot make changes objection, it is so ordered. way deal with them. that affect the substantive rights or The amendment is as follows: The administration assures us we obligations of the United States. I am (Purpose: To require a certification that the should not be concerned about a lack of trying to make that part of the resolu- President has negotiated a legally binding a formal agreement. Secretary Clinton tion of ratification, and that is all it side agreement with the Russian Federa- noted that the START I treaty did does. It says if the BCC adopts provi- tion that the Russian Federation will not have a limitation on sea-launched sions that affect substantive rights or deploy a significant number of nuclear- cruise missiles and said that both par- obligations under the treaty that cre- armed sea-launched cruise missiles during ties ‘‘voluntarily agreed to cease de- the duration of the New START Treaty) ate new rights or obligations, that ploying any nuclear SLCMs on surface those changes must come back to the At the end of subsection (a) of the Resolu- ships or multipurpose submarines.’’ Senate. It is in addition to the require- tion of Ratification, add the following: But today it is obvious, with the in- (11) LIMITATION ON NUCLEAR-ARMED SEA- ment that amendments to the treaty formation about Russian plans, that LAUNCHED CRUISE MISSILES.—Prior to the come back to the Senate for ratifica- entry into force of the New START Treaty, there is going to be a great disparity tion, and it is a protection of the rights the President shall certify to the Senate between the United States and Russia. of this body to continue to have a role that the President has negotiated a legally As I said, it is not obvious that saying in substantive modifications that binding side agreement with the Russian one is tactical, as opposed to the stra- might come out of the BCC. Federation that the Russian Federation will tegic weapons that are otherwise lim- I urge the adoption of this amend- not deploy a significant number of nuclear- ited by this treaty, is a very important ment. armed sea-launched cruise missiles during distinction. I think it is really a dis- The PRESIDING OFFICER. Who the duration of the New START Treaty. tinction without a difference. yields time? Mr. KYL. Mr. President, this is actu- Steve Hadley, the former head of the The Senator from Maryland. ally a very straightforward amend- NSC, said: Mr. CARDIN. Mr. President, I will ment. It simply seeks to repeat in this And if you’re living in eastern or central say, I think we just have a disagree- New START treaty the same thing the Europe, a so-called tactical nuclear weapon,

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 21, 2010 CONGRESSIONAL RECORD — SENATE S10907 if you’re within range, looks pretty strategic The PRESIDING OFFICER. The Sen- from Secretary Gates through Admiral to you. So what are we going to do about ator from Maryland. Mullen and others, have all said to us: those? Mr. CARDIN. First, let me thank If we don’t get this treaty, we are not As I said, he was the National Secu- Senator KYL for bringing this issue to going to get to the tactical nuclear dis- rity Adviser. our attention. I think this is a very im- cussion with the Russians. Ambassador Bob Joseph, in testi- portant issue. We have a lot of security If we were the Russians and the U.S. mony before the Foreign Relations issues as they relate to Russia, as they Senate said: We are not going to do Committee, said: relate to Europe, and as they relate to this until this, we would be looking at Every time I hear the term ‘‘nonstrategic the sea-launch cruise missiles. I a long road where we have reopened all nuclear weapons,’’ I recall that no nuclear couldn’t agree with the Senator more. of the different relationships and we weapon is nonstrategic. But this falls under the same category have discarded this one component of If you stop and think about it, that is of the discussion we had earlier about a our nuclear deterrent that we find so certainly true. side agreement on tactical weapons. critical, which is the submarine- So these weapons, which are very These are all beneficial issues, but it launched missiles, the intercontinental powerful, and can have a range of up to is not the key issue that is before us 5,000 kilometers, clearly need to be ballistic missiles, and the heavy bomb- today. If we were to adopt this amend- dealt with. ers. That is the heart of our nuclear de- Now, we did not want to insist that ment, I think we all would agree it terrence. We want to know what they they go back and renegotiate the trea- would cause a considerable delay in the are doing and they want to know what ty because we heard that argument be- implementation of the START treaty. we are doing, and that is how you pro- fore, so what we are suggesting by this Let me remind my colleagues that vide the greatest stability. amendment is simply to do the same the START treaty, according to our In addition to that, Secretary Gates thing we did in START I—just have it military experts, is needed now. We and Secretary Clinton have both rein- be a side agreement where the two par- have been a year without having in- forced that many times, but here is the ties would agree to limit the number. spection regimes in Russia so we can important thing to think about as we Our administration would limit the get the intelligence information we think about what the impact on this Russians so they would not have a sig- need by people on the ground. That ex- treaty would be. Nuclear-armed sea- nificant number of these particular pired in December of last year. So we launched cruise missiles—or SLCMs, as weapons. have already been delayed through this we call them in the crazy vernacular of Just a point, by the way: In the event year, and the longer we delay, the less this place—these are tactical weapons, there are folks who do not believe the reliable the information we have for and although this amendment seems to Russians intend to rely on their weap- our own national security. suggest that Russian SLCMs could ons such as the SLCMs, Under Sec- Although it would be nice to have all upset the strategic balance between retary of Defense Flournoy said: The of these side agreements with Russia the United States and Russia, the truth Russians are ‘‘actually increasing their on a lot of other issues, every time we is, they cannot. They don’t do what reliance on nuclear weapons and the ask our negotiators to do that, it takes this amendment seems to suggest. role of nuclear weapons in their strat- time. It takes a lot of time to nego- For many years, going back at least egy.’’ tiate. It is not all one-sided when you to the Reagan administration, we have Secretary Gates has made the same negotiate. My colleagues know that. considered these kinds of weapons to be point. He said: We know that here as we negotiate nonstrategic weapons, tactical weap- Ironically, that is the case with Russia issues. ons. Even if they are long range, we today, which has neither the money nor the This is an important issue, but it consider them that. Secretary Gates population to sustain its Cold War conven- shouldn’t delay the ratification and and Admiral Mullen explained why in tional force levels. Instead, we have seen an implementation of the New START their answer to a specific question increased reliance on its nuclear force with treaty so that we can get our inspec- from the Senate. They said: new ICBM and sea-based missiles, as well as tors on the ground, giving us the infor- Russian nuclear-armed sea-launched cruise a fully functional infrastructure that can mation we need for our own national manufacture a significant number of war- missiles . . . could not threaten deployed heads each year. security as it relates to the strategic submarine-launched ballistic missiles (which capacity of Russia. will comprise a significant fraction of U.S. And the Strategic Posture Commis- For all of those reasons, I urge my strategic force under New START), and sion noted: colleagues to reject the amendment. would pose a very limited threat to the hun- This imbalance in non-strategic nuclear The PRESIDING OFFICER. The Sen- dreds of silo-based ICBMs that the United weapons, which greatly favors Russia, is of ator from Massachusetts. States will retain under New START. rising concern and an illustration of the new In other words, Russian nuclear challenges of strategic stability as reduc- Mr. KERRY. Mr. President, the Sen- tions in strategic weapons proceed. ator from Maryland is absolutely cor- SLCMs can’t take out our nuclear de- The point has been made by many rect, and I appreciate him pointing terrent in a first strike. That means if others as well. that out. I think I have said many Russia were to use nuclear SLCMs So I think this is fairly straight- times in the course of this debate that against us, we could still use most of forward. It would require the United it is imperative for us to deal with the our strategic nuclear weapons and de- States to negotiate a side agreement issue of tactical nuclear weapons. In liver an absolutely devastating blow in with Russia, very similar to the side fact, the resolution of ratification has return. No logic in the sort of give-and- agreement we had under START I, to a section in it which specifically ad- take of war planning, as horrible and deal with a weapon that we are no dresses this and urges the President to as incomprehensible as it is to most longer going to have, but the Russians move to that. people with respect to nuclear weap- are apparently developing a new I might add that the Senator from ons, but it has all been done, appro- version of, that has a pretty substan- Florida, Mr. LEMIEUX—we are just fin- priately, because they do exist, and it tial range—5,000 kilometers. Clearly, it ishing up an agreement on an amend- is important to our security. But no is very difficult to distinguish the dif- ment which will, in fact, add an addi- warfighting under those situations is ference between a weapon like that and tional component. It is an amendment going to reduce our ability to not just the strategic offensive weapons that we intend to accept, and it will add an defend ourselves but to annihilate any- are otherwise dealt with in the treaty. additional emphasis on this question of one who would propose or think about I hope my colleagues will recognize tactical weapons. doing that. this is not a treaty killer, and it is But not only is there no benefit to Ironically, it was the Soviets who something that needs t be addressed. delaying this treaty from going into ef- once wanted to do what Senator KYL is Thank you, Mr. President. fect—I mean, that is what the amend- actually seeking to do. They wanted to The PRESIDING OFFICER. Who ment of the Senator from Arizona will categorize SLCMs as strategic weapons yields time? do. Until this new verification and lim- because we used to deploy a nuclear Mr. KERRY. Mr. President, I yield 5 itation mechanism is put into effect— version of the Tomahawk on our at- minutes to the Senator from Maryland. the fact is that most of our experts, tack submarines, and the Soviets

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If it SLCMs tactical weapons, and they also Mr. KERRY. Will the Senator yield? wasn’t, why wasn’t it? And if it was be- thought that limits on nuclear sea- Mr. KYL. On the Senator’s time, I cause we didn’t think there was any launched cruise missiles are inherently would be happy to. threat to the United States, then I unverifiable. That is, in part, because Mr. KERRY. I would be happy to think it would be very important to we didn’t want to give the Soviets that urge, if he wants to change the amend- ask some of our military folks why much access to our submarines in re- ment or if he wants to submit—it is too they think that is the case given the turn for access to theirs, and we don’t late now, but we could perhaps do a kinds of targets that could be held at want to do it now with the Russians. modification by unanimous consent to risk here and given the fact that we ap- Now, maybe people were wrong about urge the President to enter into an parently reached a different conclusion that, but I just don’t see the wisdom in agreement but not shelve the whole during the START I treaty implemen- putting the treaty we have agreed on treaty until that happens. That is the tation phase when the side agreement on the shelf while we go out and try to difference. So I am not going back on was negotiated with the then-Soviet experiment with a new approach that the notion. It would be great to get a Union. nobody has argued is imperative for side agreement, but don’t hold this So I don’t think it would delay any- the security of our country. agreement up in the effort to do it. thing. We do posit it as a side agree- Back then, we did agree in politically The PRESIDING OFFICER. The Sen- ment rather than an amendment. We binding declarations to a limit of 880 ator from Arizona. just say that the administration should deployed long-range nuclear SLCMs Mr. KYL. Mr. President, there was no negotiate so that there wouldn’t be a and to declare at the beginning of the delay in the implementation of the significant number of SLCM deploy- year how many SLCMs we intended to START I agreement because of a re- ments by the Russians given the fact deploy for that year. Those political quirement that a side agreement be en- that we are not doing any. declarations stayed operative for many tered into between the then-Soviet I do have to say that I fundamentally years, and, in fact, Secretary Gates Union and the United States on disagree with the assertion of my col- stated for the record that as recently SLCMs. So I don’t buy the notion that league that this kind of weapon can’t as December of 2008, Russia has de- this necessarily would delay anything. upset the strategic balance. If you have clared that it planned to deploy zero Secondly, we are not talking about a weapon that can fly over 3,000 miles nuclear SLCMs. tactical missile limitations generally. with a nuclear warhead, which could be Shortly after START was signed in All we are doing is talking about the just as big of a nuclear warhead as on 1991, the United States and Russia each same kinds of missiles that were the a bomber or an intercontinental bal- pledged as part of the Presidential nu- subject of the side agreement under listic missile, with all of the targets on clear initiative to cease deploying any START I. I suspect that part of the our eastern seaboard or western sea- nuclear SLCMs on surface ships or at- reason was because it is pretty difficult board that would be held at risk for tack submarines. So while we have four to distinguish as to whether these such a weapon—in fact, 3,000 miles— former ballistic missile submarines weapons are being used for a strategic you won’t have to be far off either of converted to cruise missile submarines, or a tactical purpose. Senator KERRY our two U.S. coasts to hit most targets we are no longer deploying our nuclear has said they cannot upset the stra- within the continental United States. Tomahawk missiles on any U.S. sub- tegic balance. I simply totally disagree This is a weapon that it seems to me marines. The Presidential nuclear ini- with that proposition. They absolutely we should be concerned about. There- tiatives are still operative for us and can upset the strategic balance, de- fore, I urge my colleagues to support for the Russians, and we think we are pending upon where they are located or calling for a side agreement that would more secure that way. how they intend to be used. That is one deal with the SLCMs just as we did So I see nothing to be gained from of the reasons I suspect they were lim- under the START I treaty. negotiating a new binding agreement ited under the START I treaty. I reserve the remainder of my time. in the context of holding up this trea- My colleague said they can’t threat- The PRESIDING OFFICER. Who ty, of putting it on the shelf, and of en our submarine fleet at sea and they yields time? going back in an effort to do that. pose only a limited threat to ICBM The PRESIDING OFFICER. The Sen- This amendment would delay the sites. Well, that may be the opinion of ator from Maryland is recognized. New START for months or years, our experts. They could sure threaten Mr. CARDIN. Mr. President, I say to throw an entire curveball back into our submarine bases in Washington Senator KYL, these missiles are not what I talked about yesterday, which State at King’s Bay. They could take strategic. Do they affect our strategic is that theory of negotiation that noth- out bases or other assets we have. balance? I say that everything in our ing is agreed upon until everything is In fact, let me quote from a Russian defense toolbox can affect our strategic agreed upon. And in this case, if we article, the RIA Novosti Report of balance. That was taken into consider- say: Oh, no, ain’t agreed upon, sorry, April 14, 2010, on the Graney class nu- ation in the negotiations. I thank him we are coming back to say you have to clear submarines: for bringing this issue to our attention, agree with us on tacticals before any of Graney class nuclear submarines are de- but for the reasons we have stated, we this becomes law, we have opened the signed to launch a variety of long-range urge our colleagues to reject the entire negotiation again. How reliable cruise missiles up to 3,100 miles or 500 kilo- amendment. and what kind of partnership is that? I meters with nuclear warheads and effec- We are prepared to go to the Sen- don’t think that makes sense. I fail to tively engage submarines, surface warships, ator’s next amendment if he is pre- see any point in going down that road. and land-based targets. pared to go forward. I urge my colleagues to defeat this Obviously, at 5,000 kilometers, as I Mr. KYL. Mr. President, I will re- amendment, and I reserve the remain- said, that is a range longer than some spond with about 30 seconds. Then I der of our time. of the ballistic missiles that are cov- will be prepared to go to my next The PRESIDING OFFICER. The Sen- ered by the New START treaty. So amendment. Perhaps I can reserve ator from Arizona has just under 8 these weapons—it is a little hard to whatever time I have left on there to minutes. characterize them as either tactical or make a closing argument. Mr. KYL. Mr. President, I am a little strategic. I think it depends upon how I really do sincerely appreciate the bit flummoxed here because I thought they are used. characterization of these issues we in a conversation I had a couple of days But the point is, if my colleague be- have raised as serious and important. I ago with Senator KERRY that side lieves they can’t threaten anything, do appreciate that. I do think, though,

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That is cess and monitoring, and is subject to a important because while we are not de- delayed when we reached a side agree- certification that the Russian Federation ment. veloping a new generation of missiles, has agreed that it will not deny telemetric the Russians are. We will be denied the I think, in any event, the question is exchanges on new ballistic missile systems telemetry of those missile tests if the this: Should the United States delay, if it deploys during the duration of the Trea- ty) Russians decide to deny it. Our intel- that is what is called for, in order to At the end of subsection (a) of the Resolu- ligence community has told us that improve the treaty in important re- tion of Ratification, add the following: this is of great value to us in assessing spects? If it is conceded that this is an (11) COVERS.—Prior to entry into force of the capabilities of Russian missiles. important aspect, then it seems to me the New START Treaty, the President shall Under the treaty, they don’t have to that it is worth taking time to do it certify to the Senate that the President has provide anything. They could provide right. reached an agreement with the Government telemetry on old missiles they are test- of the Russian Federation on the non-use of Most of the arguments that have ing, and they don’t have to provide any covers by the Russian Federation that tend on any of the new missiles they are been made in response to the amend- to interfere with Type One inspections and ments we have raised boil down to: The accurate warhead counting. testing. We believe that should be Russians won’t want to do what you (12) TELEMETRY.—Prior to entry into force done. The same thing with respect to say, and therefore we need to reject of the New START Treaty, the President any ballistic missiles deployed during your amendment because it would re- shall certify to the Senate that the United the duration of the treaty. quire some renegotiation. I get back to States has reached a legally-binding agree- Then we turn to the subject of in- ment with the Russian Federation that each the point I have made over and over: spections. There are different kinds of party to the Treaty is obliged to provide the inspections, but we are talking here Then what is the Senate doing here? other full and unimpeded access to its telem- Why would the Founders have sug- about type one inspections in which we etry from all flight-test of strategic missiles say that the United States would con- gested we should have a role in relation limited by the Treaty. sider it a violation of the deployed war- to treaties if every time we try to (13) TELEMETRIC EXCHANGES ON BALLISTIC head limit and a material breach of the change something, the argument is MISSILES DEPLOYED BY THE RUSSIAN FEDERA- treaty if the Russians do one of two that you cannot change a comma be- TION.—Prior to the entry into force of the New START Treaty, the President shall cer- things: No. 1, any type one inspection cause the other side wouldn’t like that tify to the Senate that the Russian Federa- that revealed that the Russian Federa- and that would require renegotiation? tion has agreed that it will not deny tele- tion had deployed a number of war- There is nothing that serious about metric exchanges on new ballistic missile heads on any one missile in excess of this treaty that it has to go into effect systems it deploys during the duration of the the number they declared for that mis- Treaty. tomorrow. The Washington Post had an sile; No. 2, any action by the Russian editorial, and they said that no great At the end of subsection (b), add the following: Federation that impedes the ability of calamity will befall the United States (4) TYPE ONE INSPECTIONS.—The United the United States to determine the if this treaty is not concluded before States would consider as a violation of the number of warheads deployed on any the end of the year. I think that is al- deployed warhead limit in section 1(b) of Ar- one missile prior to or during a type most a direct quotation. There is no ticle II of the Treaty and as a material one inspection. immediate national security reason to breach of the Treaty either of the following That gets to the issue of covers do so. I know the administration would actions: again. Why is this important? Because like to get on with it, but no great (A) Any Type One inspection that revealed we are supposedly counting weapons in the Russian Federation had deployed a num- this treaty, warheads. There is a limit harm will befall us if we take time to ber of warheads on any one missile in excess do it right. If we are not willing to do of the number they declared for that missile. of 1,550 warheads. How can we possibly that, the Senate might as well (B) Any action by the Russian Federation verify compliance if, when we seek to rubberstamp what the President sends that impedes the ability of the United States count the number of warheads on top up because the argument will be that if to determine the number of warheads de- of missiles we have designated and we try to suggest changes, the other ployed on any one missile prior to or during have a right to inspect, we can’t count side will reject them and we could not a Type One inspection. the warheads? You tell me how we are possibly abide that. Mr. KYL. Mr. President, I would have supposed to assume how many war- preferred to deal with each of the sub- heads there are on the top of that par- I will reserve the remainder of time jects in this amendment individually on this amendment. ticular missile or why we should not because each one is very important. To deem it a material breach if they de- AMENDMENT NO. 4893 accommodate the other side’s desire to clared a certain number of warheads try to get as much done as quickly as Mr. President, I call up amendment and it turns out there are more. possible, we consolidated some amend- I think these are commonsense No. 4893, which I believe is at the desk, ments, and there is a lot in this. I re- changes that would strengthen the ver- and ask for its immediate consider- gret that we don’t have time to get ification provisions of the treaty. ation. into detail about each one of them. It is too bad Senator BOND is not here The PRESIDING OFFICER. The This amendment amounts to an ef- tonight. He is the ranking Republican clerk will report. fort to try to improve the verification member of the Intelligence Committee. The assistant legislative clerk read of the treaty to deal with a variety of In the classified session we had yester- as follows: issues which have been raised in the day, he talked about the deficiencies in past and which we believe are inad- verification under this treaty. This The Senator from Arizona [Mr. KYL] pro- equately dealt with by the treaty. One subject doesn’t permit us to get into a poses an amendment numbered 4893. of them involves covers, the kinds of lot of detail in open session. Mr. KYL. I ask unanimous consent things the then-Soviet Union and now We have heard a lot about past cheat- that reading of the amendment be dis- Russians consistently put over the ing by the Russians and the kinds of pensed with. warheads so that it is impossible for things that were done. What we are our inspectors to see what is under trying to do with these basic compo- The PRESIDING OFFICER. Without them, to see how many warheads are nents is to make it less likely that the objection, it is so ordered. under them. That has been a problem Russians would cheat, and if they do, it The amendment is as follows: in the past. would less likely have an impact on the

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So neither not true. The verification provisions of vealed the Russians had deployed a side is sort of looking at the actual this treaty are not as strong as under number of warheads on any one missile warhead. The START treaty—the the START I treaty. There is an argu- in excess of the number they declared original START treaty, therefore, to ment that they don’t need to be for for that missile or that they continued deal with that issue, lets the inspected various reasons or the Russians weren’t to use covers that deny us the ability party cover the warheads on the front willing to allow them to be for various to see exactly how many warheads of the inspected missile, but it allows reasons. I don’t think you can say the they have on their missiles. us to inspect any cover before it is used verification is better. Mr. President, I hope my colleagues so that we know what it can and can’t Former Secretary of State James would recognize that verification is a conceal. We know what that cover is Baker, who testified, said: problem under the treaty. This is a permitting us to see. modest way to try to deal with specific What is more, paragraph 11 of section The verification mechanism in the New (2) in the treaty’s annex on inspections START Treaty does not appear as rigorous aspects of that verification. I hope my or extensive as the one that verified the nu- colleagues would be willing to support says explicitly—this is in New START: merous and diverse treaty obligations and the amendment. The covers shall not hamper inspectors. prohibitions under START I. This complex I reserve the remainder of my time. We did not have that previously. part of the treaty is even more crucial when Mr. KERRY. Mr. President, I ask That is new to this treaty. fewer deployed nuclear warheads are allowed unanimous consent that when the Sen- As a result of what we have learned than were allowed in the past. ate votes on the three amendments, as in START, we have learned how to That is obvious. The more you get provided under the previous order, look and how to ask for things more down to a smaller number, the more those votes occur in the order listed in appropriately, and our negotiators important cheating is, the more dra- that agreement. worked that into this treaty so as to matic the effect can be, and the better The PRESIDING OFFICER. Without protect our interests. verification you need. objection, it is so ordered. In fact, the covers are not allowed to Senator MCCAIN said this: Mr. KYL. Might we also add that the hamper the inspectors in ascertaining The New START Treaty’s permissive ap- second two votes would be 10-minute that the front section contains a num- proach to verification will result in less votes? ber of reentry vehicles equal to the transparency and create additional chal- Mr. KERRY. That is a good sugges- number of reentry vehicles that were lenges for our ability to monitor Russia’s tion. I ask unanimous consent that the declared for that deployed ICBM or de- current and future capabilities. second two votes be 10 minutes in ployed SLBM. The virtue of the New START treaty Former CIA Director James Woolsey length. is that these declarations and the spe- said: The PRESIDING OFFICER. Without cific alphanumeric numbers that are New START’s verification provisions will objection, it is so ordered. provide little or no help in detecting illegal Mr. KERRY. Mr. President, let me going to be attached to the launchers and these warheads allow us enormous activity at locations the Russians fail to de- first compliment my colleague from clare, are off-limits to U.S. inspectors, or are certainty in the randomness of our Arizona, who has been dogged, if noth- underground or otherwise hidden from our choices of where we go. If the Russians ing else, in his advocacy with respect satellites. are cheating or somebody is over for to his points of view regarding this Senator BOND made a comment that one reason or another, we have great treaty. And while I and other Senators I have quoted before, which is this: capacity to decide where that might may disagree with a specific amend- be, where we think the best target of New START suffers from fundamental ver- ment he proposes because of its impact ification flaws that no amount of tinkering opportunity is, and to lock that place as well as, in some cases, because of around the edges can fix. . . . The Select down and go in and check it. There are something else, that doesn’t mean the Committee on Intelligence has been looking enormous risks of being discovered as a at this issue closely over the past several Senator isn’t raising valid questions consequence of the way we have set months. . . . There is no doubt in my mind for future discussions and things on that up. that the United States cannot reliably verify which we ought to be focused. I know The treaty already forbids Russia the treaty’s 1,550 limit on deployed war- he spends a lot of time with this. I heads. from using covers that interfere with think all of us have a lot of respect for warhead counting. It would create a To conclude, the amendment would the ways in which he has already im- very dangerous precedent, in my judg- require the President to certify that he pacted this treaty. I give him credit for ment, to require that we negotiate has reached an agreement with Russia that. now, before we put the treaty into ef- on the nonuse of covers that interfere This particular amendment is a com- fect, a side agreement on the very same with type one inspections and accurate bination of about four different amend- thing. That might suggest that other warhead counting during those inspec- ments that have come together. I un- New START provisions do not need to tions. It doesn’t solve the problem of derstand why that happened. I am not be obeyed because there is no side deal determining the total number of war- complaining about that at all. It is just reinforcing them. What is the impact heads Russia deploys, but it would re- that there is a lot in it, and therefore of the side deal? Does the side agree- duce a method of deception Russia has there are different reasons one ought ment, incidentally, have to be ratified used in the past. to oppose this amendment. by the Senate before it goes into ef- On telemetry, the amendment would Let me say that, first of all, the New fect? There are a lot of imponderables require the President to certify that he START, I think in most people’s judg- here. has reached a legally binding agreement, addresses the concerns that have With respect to the agreement on te- ment with Russia that each party is been raised by the Senator from Ari- lemetry, the requirement for a legally obliged to provide the other full and zona. binding agreement with Russia that unimpeded access to its telemetry from The purpose of warhead inspections both parties have to provide telemetry all flight tests of strategic missiles, in- is to count the number of warheads on on all flight tests of ICBMs and cluding on new ballistic missile sys- the missile. Neither side is comfortable SLBMs, which is what the Senator is tems deployed by the Russians. They with the other actually seeing the war- seeking, would also delay the START are free now to encrypt those tests. heads, looking into it and seeing it. We treaty into force by the same months That makes it much harder to get in- are not comfortable with them doing or years about which we talked. formation we have found to be very that to us, and they are not com- That argument has been hammered valuable. fortable with us doing that to them. around here the last 7 days adequately.

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The Russians one inspections. believe, therefore, that if we make this would have to give us the good stuff If you are for the treaty, there is treaty condition precedent on the while we would give them telemetry only one vote, and it is to vote no. I agreement of a side agreement, which from launches that were no different very much regret this because I respect we know the Russians hate to do, that from 30 other tests over the last 20 the Senator. As I see it—and there are is a way of buying into gridlock, dead- years. things I cannot go into here that I lock, nothing. I have to tell you, that sort of agree- tried to go into yesterday—this is a I do not think anybody would sug- ment is not going to happen. It is in a poison pill amendment. gest—we have already been through fantasy land, and the President would The PRESIDING OFFICER. Who this a little bit, incidentally. I and oth- never get that side deal with Russia. yields time? ers strongly urged the President and The New START treaty would never The Senator from Arizona. Mr. KYL. Might I inquire how much his negotiators to seek as significant come into force. telemetry as possible. For a lot of rea- I yield the remainder of my time to time remains on this side? The PRESIDING OFFICER. There is sons, it did not turn out that it was the Senator from New Hampshire. 7 minutes remaining. achievable from their side, but it also The PRESIDING OFFICER. The Sen- Mr. KYL. Mr. President, let me take did not turn out it was desirable on our ator from New Hampshire. 3, 4, 5 of those minutes. I appreciate my side altogether. Mrs. SHAHEEN. Mr. President, I will colleagues’ compliments about impor- Russia is testing new systems such as speak only for about 1 minute and then tant issues being brought up, and I also the Belava SLBM, and the United give the rest of my time to Senator appreciate their concern that amend- States may test only existing types of FEINSTEIN who wishes to speak to the ments of this significance would cause missiles during the next decade. That question of the covers. heartburn for the Russians and might is a reason why the Russians obviously I do not want to speak to the tech- well require them to want to renego- resist this very significantly. nicalities that have been raised, but I tiate aspects of the treaty. I am trying A lot of people have suggested that want to make two points in response to to address that through the mechanism our military does not want to share the Senator KYL’s concern about verifica- of the side agreement rather than telemetry on all our flight tests of tion. amendment to the treaty or some kind ICBMs and SLBMs. They are pretty We should all be concerned about the of other more restrictive method. I happy the way the treaty is structured fact that right now we have no inspec- thought that would be the preferable now, including the provisions for te- tors on the ground. We have no way to way to do it. lemetry which allow us five telemetry verify what is going on in Russia. Any- It is not my intention, as with the exchanges. We have to agree on them, thing that delays our ability to get previous amendment, to delay things. I but they are allowed under the treaty. that intelligence back on the ground in do not think it necessarily would. But If that were not true, there is no way Russia adds to the urgency of the situ- I do appreciate that on a couple of the Chairman of the Joint Chiefs of ation. That is a very important point. these items the Russians would not Staff Admiral Mullen would have sent The other issue he raised was relative likely want to renegotiate. the letter he sent to the entire Senate to why do we need to do this now. The I am not so sure that would be the where he stated he wants this treaty fact is, as Senator KERRY pointed out, case with regard to the covers, this ratified now, he wants it implemented we received a letter from ADM Mike question of the kind of shroud or cover now, and he believes, consistent with Mullen, the Chairman of the Joint you put over the missile bus, the top of everything people said within our na- Chiefs, yesterday that said the sooner the missile that has the warheads since tional security network, that this trea- we ratify the treaty, the better. James the treaty does deal with it, as my col- ty is both verifiable and enhances our Clapper, Director of National Intel- leagues have pointed out, but I do not capacity to be able to count and know ligence, said about New START the think it does so in a conclusive way. what the Russians are doing. earlier, the sooner, the better we get The 2005 compliance report issued by The requirement for Russian agree- this done. There is a lot of reason to the State Department to discuss comment not to deny telemetry on the new believe we need to act on this treaty pliance of the Russian Government ballistic missile systems it develops and need to do it now. with respect to the START I treaty had during the duration of the treaty is re- I yield to the Senator from Cali- a couple of longstanding issues. The dundant with the previous part about fornia. issue of shrouds was one that they which we just talked. The PRESIDING OFFICER. The Sen- characterized as of long standing. They Again, the amendment requires a ator from California. had a very hard time getting that reside agreement with the Russians. It is Mrs. FEINSTEIN. Mr. President, I solved with the Russians. In the end, the absolute equivalent of amending thank the Senator from New Hamp- there was a particular accommodation the treaty itself and, therefore, I would shire. reached, but it took forever. And dur- oppose that. Senator KYL is a very smart man. ing that time, we did not have the kind The New START’s telemetry ex- This is a major amendment. In my of satisfaction we wanted. change regime involves negotiating the view, it is a deal breaker. It is a poison We asked how disputes would be beginning of next year, assuming this pill for the entire treaty. It essentially dealt with, and we get the same basic goes into effect, which missile tests provides real changes in the treaty. answer. That would go to the Bilateral from the past year we are willing to It says the President, prior to the Consultative Commission, the group of share. treaty going into effect, must certify Russian and U.S. negotiators who are May I ask how much time I have? that he has achieved certain side agree- supposed to work these things out. The PRESIDING OFFICER. The Sen- ments, and those side agreements What I can see is a kind of repeat of ator from Massachusetts has 6 min- strike directly at some of the heart of what we had before. They like to cover utes. the treaty. Therefore, it will effec- these things up and that does not seem Mr. KERRY. Mr. President, I want to tively, in my view, be unacceptable to to me the way to enter into a treaty reserve time for the Senator from New the Russians and will destroy the trea- where we are supposed to be in agree- Hampshire. ty. ment with our counterparts and yet we The New START regime requires us The treaty now says you cannot have unresolved issues we have to leave to negotiate at the beginning of next block an inspector’s ability to ascer- to another day to be resolved through a year what we are going to share. If we tain warheads on a reentry vehicle. long and probably difficult negotiation do not offer anything interesting, Rus- That covers the cover issue. This again process.

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I suggest I we are not going to be engaging in a KYL’s amendment does, which is to say do not think the intelligence commu- multiple nuclear exchange with an- prior to the entry into force of that nity would use a phrase such as ‘‘enor- other country but might well have a treaty the President shall certify to mous certainty.’’ We cannot get into need based upon intelligence that does the Senate that there was a legally here the degree of percentage they at- not have a very long shelf life that we binding side agreement. That was not tach to being able to know certain want to send a conventional warhead part of START I, and it would seem to things under this treaty. to a specific target and that is some- me would absolutely derail this New Suffice it to say that we are not ab- thing we would like to develop but the START agreement. solutely sure we can do what needs to Russians are not interested in doing Second, that was a political agree- be done here, and I do not think char- that. So did we say to the Russians: So ment, that side agreement that was en- acterizing it as ‘‘enormous certainty’’ because you are not doing it and we tered into, which would last as long as would be an accurate way to do it. are, therefore, we are not going to have the Presidents of both countries were Let me mention with regard to te- any limitation on this? No. We agreed, in office but would not necessarily last lemetry—first of all, let me correct one in fact, to a very important limitation. beyond that because it was not a le- thing that is a little bit of misdirection Any missiles we use in that regard gally binding agreement in that sense. and then agree with my colleagues on have to be counted as if there were a So there are two major differences something else. nuclear warhead on top of it. So there between what happened at the time of There is a suggestion that we can get is a 700-vehicle limit. That is all the START I and what is being proposed telemetry on five missiles, and that is number of missiles we can have. And here by Senator KYL. I hope we could true if the Russians agree. In other yet any missiles that we put a conven- defeat the Kyl amendment No. 4860. words, they have to volunteer to do it. tional warhead on that have this ICBM The PRESIDING OFFICER. The Sen- The five missiles they tell us about can range have to be counted against that ator from Massachusetts. be old missiles. They do not have to be limit. Mr. KERRY. Mr. President, if any new missiles. It is a fact there is noth- Well, the Russians aren’t doing it, so time remains, we yield it back. ing in this treaty that requires the why did we have to agree to something The PRESIDING OFFICER. Time is Russians or the United States to ex- they are not doing? That is asymmet- yielded back. Mr. KERRY. What is the parliamen- change telemetry on new missile tests; rical. That is not parity. So it is okay for the Russians to say: tary situation, Mr. President? that is to say, tests of missiles cur- The PRESIDING OFFICER. There is rently being developed. There are at Hey, if we are doing something you are not doing, we are not going to be bound still time remaining on the Wicker least two the Russians are developing amendment, and Kyl 4860. right now. by anything in the treaty on it. But by the way, if you are doing something we Mr. KYL. Mr. President, I wish to That leads to the second point. I speak briefly to that now, in direct rethink it is probably true the reason are not doing, we are going to hold you accountable and bind you with a very sponse to my colleague from Michigan. they did not want to agree to this is it Mr. KERRY. Mr. President, before he important limitation in the treaty. would require them to give us very val- does that, do we have time remaining uable information. Right now, they You see, the argument doesn’t hold water. Russia and the United States on either of those amendments? would not be getting any information The PRESIDING OFFICER. The Sen- are not acting exactly the same with from the United States because we are ator from Massachusetts has time re- regard to our weapons. So to argue not testing missiles. But I ask, is that maining on both amendments. an asymmetry that is justified or that that anything we are doing differently Mr. KERRY. I thank the Chair. justifies a provision that says if you from the other shouldn’t count in the The PRESIDING OFFICER. The Sen- are not modernizing your forces and we treaty is suspicious. And, in any event, ator from Arizona. are modernizing our forces, it is not it turns out we don’t make that argu- Mr. KYL. Mr. President, let me quote fair to have us tell you what our mis- ment. from the START I treaty, Text of Res- siles are like? The PRESIDING OFFICER. The Sen- olution of Advice and Consent to Rati- Under the previous treaty, both sides ator’s time on this amendment has ex- fication as Approved by the Senate: had to do that, and it gave both sides pired. The Senator has time remaining The Senate’s advice and consent to the more confidence. The Russians are de- on the previous amendment. ratification of the START Treaty is subject veloping new missiles. Should we not Mr. KYL. Let me finish my sentence to the following conditions, which shall be have some understanding of the capa- on this. binding upon the President: Legal and Polit- In any event, what is good for the bility of those missiles? We are not de- ical Obligations of U.S.S.R.: That the legal goose is good for the gander. If we put and political obligations of the Union of So- veloping any. It is almost as if the a limitation on the United States on viet Socialist Republics reflected in the four United States would have to be mod- something they are not developing, related separate agreements, seven legally ernizing its forces too in order to be then it is only fair to put a limitation binding letters, four areas of correspondence, able to justify a provision that said we on them with regard to something we two politically binding declarations, thir- had to exchange telemetry. teen joint statements . . . Maybe the United States ought to are not developing. The PRESIDING OFFICER. The Sen- And so on. The two politically bind- get on with the modernization of our ator from Massachusetts. ing declarations are precisely the ref- missile force so we can then go back to Mr. KERRY. Mr. President, do we erence to the limitation of the SLCM the Russians and say: You are modern- have any time remaining? numbers for both countries. I mean izing, we are modernizing, now how The PRESIDING OFFICER. There is there is a dispute about whether it is about the exchange. To me that is not 1 minute 40 seconds remaining. legally binding in the same sense that an argument to require the Russians Mr. KERRY. I yield all that time to the treaty itself is, but the heading of not to provide us information. And in the Senator from Michigan, the chair- this is Legal and Political Obligations fact, when the shoe is on the other man of the Armed Services Committee. of the U.S.S.R., and it goes on to talk foot, that argument falls by the way- The PRESIDING OFFICER. The Sen- about . . . side, and we end up putting limitations ator from Michigan. The United States shall regard actions in- in the treaty. Mr. LEVIN. Mr. President, I thank consistent with these legal obligations as Here is an example. The Russians are my good friend from Massachusetts. equivalent under international law to ac- not developing and do not seem to have There has been reference made to a tions inconsistent with the START Treaty. any intention of developing something side agreement which was entered into And so on and so on. We believe these called conventional Prompt Global at the time of START I. There is a were binding and should be. It is no ar- Strike, which is a fancy way of saying: major difference between what hap- gument, however, to say that if some- Put a conventional warhead on top of pened then and what is being proposed body else didn’t see it that way, there- an ICBM so you do not have to send a by Senator KYL now. fore, what we are asking for here is not

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Whether you call Grassley Kyl Sessions Gillibrand Lincoln Rockefeller it binding legally or binding politi- Hatch LeMieux Snowe Hagan Lugar Sanders Hutchison McCain Thune Harkin Manchin Schumer cally, in any event, I wish to see it Inhofe McConnell Vitter Inouye McCaskill Shaheen done, because there is no limitation on Isakson Murkowski Wicker Isakson Menendez Specter the SLCMs the Russians are planning Johanns Risch Johnson Merkley Stabenow Kirk Roberts Kerry Mikulski to develop, and the submarine that is Tester Klobuchar Murkowski Udall (CO) NAYS—59 Kohl Murray under development to carry them, and Udall (NM) Landrieu Nelson (NE) they could have a strategic value as Akaka Gillibrand Murray Voinovich Lautenberg Nelson (FL) well as a tactical value. They were a Baucus Hagan Nelson (NE) Warner Bennet Harkin Leahy Pryor Nelson (FL) Webb subject of the previous START I agree- Bennett Inouye Levin Reed Pryor Whitehouse ment and I think they should be a sub- Bingaman Johnson Reed Lieberman Reid ject of this agreement as well. Boxer Kerry Reid NOT VOTING—7 Brown (OH) Klobuchar Rockefeller Let me summarize. The first amend- Bayh Brownback Wyden Cantwell Kohl Sanders ment our colleagues will be voting on Cardin Landrieu Begich Gregg Schumer Carper Lautenberg Bond Shelby is, I believe, the Wicker amendment, Shaheen and then the second amendment is the Casey Leahy Conrad Levin Specter The amendment (No. 4860) was re- amendment which would provide a side Coons Lieberman Stabenow jected. agreement for a limitation on the num- Corker Lincoln Tester Mr. KERRY. Mr. President, I move to ber of Russian SLCMs—the submarine Dodd Lugar Udall (CO) reconsider the vote and to lay that mo- Dorgan Manchin Udall (NM) launch cruise missiles—and the third Durbin McCaskill Voinovich tion on the table. vote will be on the Kyl amendment rel- Feingold Menendez Warner The motion to lay on the table was ative to verification relating to covers Feinstein Merkley Webb agreed to. on the ICBMs and telemetry on ICBM Franken Mikulski Whitehouse The PRESIDING OFFICER. The ma- tests. NOT VOTING—7 jority leader is recognized. The PRESIDING OFFICER. The Sen- Bayh Brownback Wyden Mr. REID. Mr. President, we are ator’s time has expired. Begich Gregg going to have one more vote tonight. The Senator from Massachusetts. Bond Shelby Senators KERRY, LUGAR, KYL, and oth- Mr. KERRY. How much times re- The amendment (No. 4895) was reers are working on how we are going to mains? jected. work tomorrow morning. They will The PRESIDING OFFICER. The Sen- VOTE ON AMENDMENT NO. 4860 work this evening. Hopefully, we can ator from Massachusetts has 3 minutes The PRESIDING OFFICER. Under come in at 9 in the morning with, hope- on the Kyl amendment and 5 minutes the previous order, the question is on fully, an hour of debate on an amend- on the Wicker amendment. agreeing to amendment No. 4860 offered ment, and then we will find out where Mr. KERRY. Mr. President, is Sen- by the Senator from Arizona. we are after that. The reason I asked ator WICKER here? Mr. INOUYE. Mr. President, I ask for for the attention of the Senate was to I wonder, Senator KYL, if we can the yeas and nays. announce that. However, I ask unanimous consent yield back time. I know colleagues are The PRESIDING OFFICER. Is there a that Senator LEVIN, chairman of the waiting to vote. sufficient second? Armed Services Committee, and the Mr. President, by unanimous consent There appears to be a sufficient sec- ranking member, Senator MCCAIN, we yield back all time on both sides ond. each be recognized for 2 minutes to ex- and go to regular order. The clerk will call the roll. plain something they are working on The PRESIDING OFFICER. If all The legislative clerk called the roll. time is yielded back, under the pre- on the Defense authorization bill. Mr. DURBIN. I announce that the The PRESIDING OFFICER. Without vious order, the question is on agreeing Senator from Indiana (Mr. BAYH), the to amendment No. 4895 offered by the objection, it is so ordered. Senator from Alaska (Mr. BEGICH), and The Senator from Michigan. Senator from Mississippi, Mr. WICKER. the Senator from Oregon (Mr. WYDEN) Mr. LEVIN. Mr. President, I think all Mr. KERRY. I ask for the yeas and are necessarily absent. of us have an interest in the Defense nays. Mr. KYL. The following Senators are authorization bill. Senator MCCAIN and The PRESIDING OFFICER. Is there a necessarily absent: the Senator from I have been working on this bill with sufficient second? Missouri (Mr. BOND), the Senator from members of the committee for about a There appears to be a sufficient sec- Kansas (Mr. BROWNBACK), the Senator year. This is a bill that has a lot of pro- ond. from New Hampshire (Mr. GREGG), and visions critically important to our The clerk will call the roll. the Senator from Alabama (Mr. SHEL- troops. The bill clerk called the roll. BY). To give a few examples, it authorizes Mr. DURBIN. I announce that the The PRESIDING OFFICER. Are there health care coverage for military chil- Senator from Indiana (Mr. BAYH), the any other Senators in the Chamber de- dren, impact aid to local civilian Senator from Alaska (Mr. BEGICH), and siring to vote? schools, so-called CERP authority, the Senator from Oregon (Mr. WYDEN) The result was announced—yeas 31, which is the commander’s emergency are necessarily absent. nays 62, as follows: response program, and transfer of de- Mr. KYL. The following Senators are [Rollcall Vote No. 296 Ex.] fense articles to the Afghan Army. It is necessarily absent: the Senator from YEAS—31 about 800 pages. We have removed from Missouri (Mr. BOND), the Senator from Barrasso Ensign McCain this bill what we thought were the con- Kansas (Mr. BROWNBACK), the Senator Brown (MA) Enzi McConnell troversial items so that we could get it from New Hampshire (Mr. GREGG), and Bunning Graham Risch passed. We don’t have the time to go the Senator from Alabama (Mr. SHEL- Burr Grassley Roberts through them, but that was our intent. BY). Chambliss Hatch Sessions Coburn Hutchison We missed one controversial item The PRESIDING OFFICER. Are there Snowe Cochran Inhofe Thune which came over from the House hav- any other Senators in the Chamber de- Collins Johanns Vitter ing to do with Guam funding. We have siring to vote? Cornyn Kirk Wicker now reached an agreement that we The result was announced—yeas 34, Crapo Kyl DeMint LeMieux would remove that provision from the nays 59, as follows: NAYS—62 bill. That is a removal. But we can’t [Rollcall Vote No. 295 Ex.] Akaka Brown (OH) Corker add any controversial items to this YEAS—34 Alexander Cantwell Dodd bill; it will be objected to. Alexander Chambliss Crapo Baucus Cardin Dorgan The only way we can do this for the Barrasso Coburn DeMint Bennet Carper Durbin troops, as we have done for 45 years, is Brown (MA) Cochran Ensign Bennett Casey Feingold Bunning Collins Enzi Bingaman Conrad Feinstein if we proceed with a unanimous con- Burr Cornyn Graham Boxer Coons Franken sent agreement tonight. We haven’t

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Senator MCCAIN, I know, will speak Leahy Nelson (FL) Voinovich I appreciate the generosity of the Levin Pryor Warner senior Senator from Massachusetts and on his support. But this is a plea from Lieberman Reed Webb the two of us who have worked so hard Lincoln Reid Whitehouse especially his leadership on one of the most important debates in the 4 years with Members and our staffs on a criti- NOT VOTING—7 cally important bill. I have been in the Senate. I thank Sen- Bayh Brownback Wyden ERRY The PRESIDING OFFICER. The Sen- Begich Gregg ator K for that. ator from Arizona. Bond Shelby OMNIBUS TRADE ACT/TAA AND HCTC Mr. MCCAIN. The only thing I would The amendment (No. 4893) was re- Mr. President, I hold in my hand 500 add to the comments of Senator LEVIN jected. pieces of paper, 500 testimonials from is that there are policy provisions re- Mr. KERRY. Mr. President, I move to retirees who lost their pensions and garding training and equipment and reconsider the vote. health care during the GM bankruptcy. readiness that cannot be just done by Mr. DURBIN. I move to lay that mo- These are some of the 50,000 Americans money. These are important policy de- tion on the table. who will be hurt if we do not pass an cisions, important authorizations, in- The motion to lay on the table was extension of the health coverage tax cluding a pay raise—not for us. I urge agreed to. credit this week before the year is out. my colleagues not to object to this De- The PRESIDING OFFICER. The Sen- This stack of paper here does not rep- fense Authorization Act. I argue it is ator from Massachusetts. resent Delta retirees and it does not critical to sustaining this Nation’s se- Mr. KERRY. Mr. President, let me represent other retirees—thousands of curity. say to colleagues how we are going to others—who are in the same boat as Mr. LEVIN. Mr. President, we will proceed. With the consent of the Sen- the Delphi/GM retirees. offer this later tonight. We are not of- ator from Arizona and Senator LUGAR, Their pensions have been cut. Their fering it at this time. we are going to accept two amend- employee-sponsored health care has The PRESIDING OFFICER. Under ments, I believe. One of them we are been eliminated. If we do not pass the the previous order, the question is on checking with the White House and omnibus trade bill—which includes agreeing to amendment No. 4893 offered making certain we are all in sync on it. GSP, trade adjustment, the Andean by the Senator from Arizona, Mr. KYL. But assuming we are, we will be able to trade agreement, and the health care Mr. KERRY. I ask for the yeas and have Senator LEMIEUX of Florida speak tax credit, and some miscellaneous tar- nays. for a few minutes on his amendment. iffs—if we do not pass this, H.R. 6517, The PRESIDING OFFICER. Is there a In addition, there is Senator KYL’s they will take in another economic sufficient second? amendment, which we will accept. blow. The blood from this one will be There appears to be a sufficient sec- Subsequent to that, I believe Senator on our hands. ond. THUNE wants to raise an issue regard- We must pass the omnibus trade bill The clerk will call the roll. ing an amendment. We will do that. before this Congress ends. I want to The assistant legislative clerk called Then I think we will probably be at a share a handful of letters. I know the the roll. point where we will have an oppor- Senator from Massachusetts yielded Mr. DURBIN. I announce that the tunity if people want to talk on the for 5 minutes, so I will do this quickly. Senator from Indiana (Mr. BAYH), the treaty, or conceivably even on some- Mary Ann from Warren, OH, writes Senator from Alaska (Mr. BEGICH), and thing else, I imagine there may be a that she lost 40 percent of her pension, the Senator from Oregon (Mr. WYDEN) moment there, but I do not want to all her health care, and all her life in- are necessarily absent. speak for the leadership on that yet surance earned from GM/Delphi. Here Mr. KYL. The following Senators are until we have cleared it. is what she said: necessarily absent: the Senator from Mr. President, I ask unanimous con- My husband is self employed and he is on sent—the Senator from Ohio has been Missouri, (Mr. BOND), the Senator from my healthcare. He suffers terribly with trying to get the floor for most of the Kansas (Mr. BROWNBACK), the Senator chronic pain due to degenerative disc dis- day, and because he wanted to give us ease. He forces himself to work at least part from New Hampshire (Mr. GREGG), and the opportunity to move on the amend- time but it’s a struggle. . . . I have a cere- the Senator from Alabama (Mr. SHEL- ments, he has been very patient. I ask bral condition recently diagnosed. I spent a BY). unanimous consent that he be granted week in the hospital early this year and am The PRESIDING OFFICER (Mr. 5 minutes to speak as in morning busi- still paying on that too. A 75 percent hike in MERKLEY). Are there any other Sen- our healthcare premiums— ness. ators in the Chamber desiring to vote? The PRESIDING OFFICER. Is there And that is what will happen if we do The result was announced—yeas 30, objection? not renew this, which will help these nays 63, as follows: Mr. KYL. Mr. President, reserving 500 and another 50,000— [Rollcall Vote No. 297 Ex.] the right to object. while we try to pay these medical balances YEAS—30 The PRESIDING OFFICER. The Sen- on a reduced pension would force us and Barrasso Ensign LeMieux ator from Arizona. many others into a downward spiral of exist- Brown (MA) Enzi McCain Mr. KYL. I ask the Senator, will you ence. Those who we entrust to represent us Bunning Graham McConnell go ahead and handle the unanimous must realize that our story could be theirs if Burr Grassley Risch life situations were different. When do we Chambliss Hatch Roberts consent agreement on the two amend- start treating others how we ourselves want Coburn Hutchison Sessions ments. I do not have to be here for to be treated? Cochran Inhofe Snowe that. Here are others. Cornyn Johanns Thune Mr. KERRY. Mr. President, I will do Crapo Kirk Vitter Dan from Columbus, IN, writes: DeMint Kyl Wicker that and guarantee the Senator that his amendment will be adopted. And I Dear Senator Brown—I am a retired Delta NAYS—63 Air Line pilot. During my retirement, Delta thank him. I want to thank Senator Akaka Cantwell Dodd took my retirement money that I had spent Alexander Cardin Dorgan KYL. He has actually—I know we have a career of time accumulating and left me Baucus Carper Durbin all been struggling here, but the Sen- out in the cold. The health care tax credit Bennet Casey Feingold ator has been extremely helpful in stepped in and helped by giving our family Bennett Collins Feinstein processing a lot of amendments this some insurance premium help. Now this is Bingaman Conrad Franken being destroyed too. Boxer Coons Gillibrand evening, and I want to thank him for Brown (OH) Corker Hagan his good-faith efforts in doing that. David from Atlanta, GA:

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 21, 2010 CONGRESSIONAL RECORD — SENATE S10915 It is very important that the health care the number of tactical nuclear weapons AMENDMENT NO. 4908, AS MODIFIED tax credit . . . be continued. After losing the in a verifiable manner. (Purpose: To require negotiations to address pension income and insurance benefits I was Remember, the Russians have a 10- the disparity between tactical nuclear promised when I retired from Delta Airlines, to-1 ratio of tactical nuclear weapons weapons stockpiles) I have made significant adjustments to try At the end of subsection (a) of the resolu- to compensate for the losses. over us—3,000 to 300—not talked about Still, after cutting back, the cost of living, in this treaty, an important issue. This tion of advice and consent to the New skyrocketing insurance premiums, and 2 requires that the President will certify START Treaty, add the following: years of trying to sell my house at a substan- within a year’s time that the parties (11) TACTICAL NUCLEAR WEAPONS.—(A) Prior tial reduction of price while competing with to the entry into force of the New START are going to sit down and have a nego- Treaty, the President shall certify to the foreclosures, the finances of my friends and tiation about the disparity, about veri- me continued to erode. Senate that— fication, and about securing these (i) the United States will seek to initiate, Gary from Arrowhead, CA: Since weapons. It has been agreed to by all following consultation with NATO allies but Delta Airlines eliminated my pension parties. not later than one year after the entry into and health coverage, I looked forward With that, amendment No. 4908 has force of the New START Treaty, negotia- to a Kaiser Permanente HCTC qualified been cleared on both sides. I now ask tions with the Russian Federation on an health insurance policy starting Janu- that the amendment, as modified by agreement to address the disparity between ary 1. Without this HCTC passage, my the changes at the desk, be offered and the non-strategic (tactical) nuclear weapons premiums will be $2,600 a month. stockpiles of the Russian Federation and of agreed to. the United States and to secure and reduce These go on and on. The omnibus The PRESIDING OFFICER. Is there tactical nuclear weapons in a verifiable man- trade bill has received unanimous ap- objection? ner; and proval from every Democratic Member Mr. KERRY. Mr. President, reserving (ii) it is the policy of the United States of this body. It is supported by the U.S. the right to object, we just have to that such negotiations shall not include de- Chamber of Commerce, the National jump through a few hoops over here. fensive missile systems. Retail Federation, the AFL–CIO. It is We will not object ultimately, but if I (B) Not later than one year after the entry my understanding most Republicans could ask the Senator if we could just into force of the New START Treaty, and an- here support it. There are just a few nually thereafter for the duration of the New wait a little longer, I would object at START Treaty or until the conclusion of an blocking the passage of it. this time but not ultimately. We need agreement pursuant to subparagraph (A), the On Friday, Senator SESSIONS ob- to get this cleared and put all the next President shall submit to the Committees on jected to a request Senator CASEY and steps together into one effort, if we Foreign Relations and Armed Services of the I made to pass the trade act. I under- can. It doesn’t mean we can’t talk Senate a report— stand his objection. I believe it can be about some of the other issues, if you (i) detailing the steps taken to conclude worked through. Senator SESSIONS said want to, while we are waiting for that the agreement cited in subparagraph (A); and he supports the rest of the package. I to be ready. It might be better to just (ii) analyzing the reasons why such an agreement has not yet been concluded. hope this obstruction doesn’t interfere wait until we have the agreement. with the need to move on this omnibus (C) Recognizing the difficulty the United So, in the meantime, I suggest the States has faced in ascertaining with con- trade package. These 500 letters, if absence of a quorum. fidence the number of tactical nuclear weap- each of my colleagues would read two The PRESIDING OFFICER. The Sen- ons maintained by the Russian Federation or three of them, I think they would ator from Florida has the floor. and the security of those weapons, the Sen- see how important it is we pass the Mr. LEMIEUX. I suggest the absence ate urges the President to engage the Rus- Omnibus Trade Act. It is about the of a quorum. sian Federation with the objectives of— trade adjustment assistance language. The PRESIDING OFFICER. The (i) establishing cooperative measures to give each Party to the New START Treaty It is about 50,000 people who will not be clerk will call the roll. able to afford their health insurance improved confidence regarding the accurate The assistant legislative clerk pro- accounting and security of tactical nuclear come January 1. Happy New Year to ceeded to call the roll. weapons maintained by the other Party; and them. It also will help us with Colom- Mr. KERRY. Mr. President, I ask (ii) providing United States or other inter- bia and other countries around the unanimous consent that the order for national assistance to help the Russian Fed- world in our trade policies. This makes the quorum call be rescinded. eration ensure the accurate accounting and so much sense. The PRESIDING OFFICER. Without security of its tactical nuclear weapons. Tomorrow, Senator CASEY and I and objection, it is so ordered. Strike paragraph (11) of subsection (c) of perhaps some others will ask for a UC. Mr. KERRY. Mr. President, I know the resolution of advice and consent to the New START Treaty. I hope my colleagues can see fit to the Senator from Florida wants to move forward on this. It is supported speak on this amendment. I ask unani- Mr. KERRY. Mr. President, does the by business groups, by labor groups, by mous consent that the following two Senator wish to speak? the majority of people in this body. I amendments be considered and agreed The PRESIDING OFFICER. The Sen- am hopeful we can bring in the few peo- to: Senator KYL No. 4864 and LEMIEUX ator from Florida is recognized. ple who still disagree and make this No. 4908, as modified. Mr. LEMIEUX. Mr. President, I work for our country. The PRESIDING OFFICER. Is there thank the Senator from Massachusetts I yield the floor. I thank Senator objection? for working on this with us. I think KERRY for his indulgence. Without objection, it is so ordered. this is an important improvement that The PRESIDING OFFICER. The Sen- The amendments (Nos. 4864 and 4908, will require that the United States ator from Florida. as modified), were agreed to, as fol- seek to initiate negotiations with the Mr. LEMIEUX. Mr. President, I have lows: Russian Federation within a year’s period of time. I thank my colleague had the opportunity to work out with AMENDMENT NO. 4864 the Senator from Massachusetts an from Massachusetts, as well as other (Purpose: To require a certification that the amendment to the resolution, which I President intends to modernize the triad of colleagues who were willing to make will be offering in a second. strategic nuclear delivery vehicles) this happen as part of the ratification. To my colleagues, what this does—we At the end of subsection (a) of the Resolu- I yield the floor. had this discussion the other day on tion of Ratification, add the following: Mr. KERRY. Mr. President, I thank the treaty. This is an amendment to (11) STRATEGIC NUCLEAR DELIVERY VEHI- the Senator. This is a constructive the resolution that would require, CLES.—Prior to the entry into force of the amendment. We all agree that we need within a year’s time of ratification, New START Treaty, the President shall cer- to reduce tactical nuclear weapons. Ev- that the President of the United States tify to the Senate that the President intends erybody who testified to us reiterated certify to the Senate that the United to— the importance of that being the next States will seek to initiate with the (A) modernize or replace the triad of stra- step in terms of our relationship and tegic nuclear delivery systems: a heavy Russian Federation negotiations on the bomber and air-launched cruise missile, an increased stability. NATO allies also disparity between nonstrategic or tac- ICBM, and an SSBN and SLBM; and said it was essential to proceed to that. tical nuclear weapons and to make sure (B) maintain the United States rocket The Senator’s amendment helps us to we secure those weapons and reduce motor industrial base. make it clear that is the direction in

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Mr. President, I ask to Iran; (iii) the Government of the Russian Federation has assured the United States that I think is of great concern to unanimous consent that amended No. that neither it nor any entity subject to its America’s national security interests 4920 be made pending. jurisdiction and control will transfer to Iran as well as those of our allies. The PRESIDING OFFICER. Is there goods, services, or technology that con- Mr. President, the amendment, objection? tribute to the advancement of the nuclear or again, is very straightforward. It re- Mr. KERRY. Mr. President, I do ob- missile programs of the Government of Iran; quires a certification before the entry ject. I want to say to the Senator that and (iv) the Government of the Russian Fed- into force of the treaty, and then each eration has assured the United States that it I am delighted to have a discussion year thereafter about those basic con- with him about this particular issue. will support efforts at the United Nations Security Council and elsewhere to increase ditions that the Russians be in compli- But I think given the efforts we have political and economic pressure on the Gov- ance with U.N. Security Council reso- made thus far to deal with a fixed set ernment of Iran to abandon its nuclear weap- lutions, that they would not try to get of amendments has been affected some- ons program. the S–300 to the Iranians, directly or what by some of those amendments That would be a commitment, a cer- indirectly, and they would continue that were filed late, and also not ger- tification, that would be issued prior to putting pressure on the Iranians with mane, requiring colleagues at the last the entry in force of the treaty by the respect to their nuclear program. minute to consider a lot of issues on President each year, and on December We know too that the nuclear reactor the floor that are not pertaining di- 31 of each subsequent year a similar in Bashir is now producing plutonium. rectly to the treaty itself. certification would be issued by the Russia has fueled a nuclear reactor The subject the Senator wants to President. In fact, if the President fails there that is now producing plutonium bring up and talk about, which is Rus- to certify, then it would require that in Iran. That ought to be of great con- sian cooperation on Iran, is absolutely he consult with the Senate and submit cern to everybody here as we pass judg- essential to us as a matter of foreign a report on whether adherence to the ment on this treaty, which is obviously policy. I want to join with the Senator New START treaty remains in the U.S. important to our relationship with in emphasizing that. I look forward to national security interest. Russia, but also bears on the relation- hearing his comments about it. I think I say this because I think there is a ship we have with other countries we can have an important colloquy direct connection and correlation be- around the world. that could add to the record of our dis- tween this treaty and the efforts of the I think anybody in the foreign policy cussions with respect to this treaty Russians that we assume the Russians community that you talk to today, without negatively impacting the di- are going to commit to in terms of put- when you ask what is the most dan- rection we are moving in at this point. ting pressure on Iran regarding its nu- gerous threats the United States and The PRESIDING OFFICER. The Sen- clear program and not doing things its allies face around the world today, ator from South Dakota. that would put in jeopardy the security Iran and nuclear weapons in the hands Mr. THUNE. Mr. President, if I of the region. of Iran top that list. might, given that, speak to the amend- I have to say, obviously, this has a So the efforts that we make to per- ment. I regret that the amendment big impact on our great ally, Israel, as suade the Russians to put pressure on can’t be voted on. The process has been well as the whole region. It would be the Iranians and make sure there isn’t fairly open. A number of amendments very destabilizing if the Iranians have anything going on there that would de- have been considered. This amendment a nuclear weapon. So I think the effort stabilize or put in peril America’s na- was filed sometime this afternoon. It made by the administration to ‘‘reset tional security interest is certainly an deals with an important subject, which relations with Russia,’’ bears directly objective we have. is germane to the debate that we are on this treaty. As I said, it was stated This would require the President cer- having with regard to the New START clearly by the President as recently as tify that those things are taking place treaty. November 18, where he recognized that rather than relying on the statements One of the predicates for improving important relationship. I simply say and good intentions of the Russians. I the START treaty is the so-called reset this amendment, I don’t think, is any- wish, again, that I could get this of our relationship with Russia. Of thing that anybody would not agree amendment pending and get it voted course, the President, as recently as with. All it does is require not just a on. I think it is important to have the November 18, 2010, made a statement, statement that this is going to be part Senate on record with regard to this which is in this amendment: of our ongoing relationship with Rus- issue. I regret that the amendment has ‘‘The New START Treaty is also a corner- sia, but it provides an assurance, a cer- been objected to. stone of our relations with Russia’’ for the tification that the administration I appreciate the opportunity to at reason that ‘‘Russia has been fundamental to would make to the Senate before the least raise the issue, and I certainly our efforts to put strong sanctions in place hope it is something that the adminis- to put pressure on Iran to deal with its nu- treaty would enter into force and each clear program.’’ Accordingly, the advice and year subsequent to that with those tration and our leaders in the Senate consent of the Senate to ratification of the basic issues. and the entire military establishment New START Treaty is conditioned on the ex- The issues are fairly straightforward. of this country pays close attention to pectation that the Russian Federation will It simply requires a condition that the in the days ahead. This issue will not cooperate fully with United States and inter- Russian Federation is in full compli- go away. I think it bears definitely on national efforts to prevent the Government ance with all U.N. Security Council the treaty. of Iran from developing a nuclear weapons resolutions relating to Iran and the With that, I will conclude my re- capability. government of the Russian Federation marks and say I wish we had an oppor- What this amendment does is to pro- assures the United States that neither tunity to get a vote on it. vide some assurance that all those in- it nor any entity subject to its jurisdic- I yield the floor. tentions and statements actually come tion and control will transfer to Iran Mr. KERRY. Mr. President, in, I to pass. It would require the President the S–300 air defense system or other think, 7 days, I have not made an ob- to certify to the Senate the following: advanced weapons systems or any parts jection to an amendment that we tried Prior to entry into force of the New thereof or transfer such items to a to take up. I am sensitive to that be- START Treaty, 1, the President shall certify third party, which will in turn transfer cause we, obviously, want to provide as to the Senate that (i) the Russian Federation such items to Iran. much opportunity to go into these is in full compliance with all United Nations While the S–300—for the time being, issues as is possible. I say to my friend Security Council Resolutions relating to Iran; (ii) the Government of the Russian Fed- Russia has refrained from doing that. from South Dakota that I am happy to eration has assured the United States that There are concerns and reports that stay here with him and do as much as neither it nor any entity subject to its juris- Russia has recently provided Tehran we could do to impress on anybody the diction and control will (I) transfer to Iran with a new radar system allegedly importance of the issue he is raising.

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Almost every vote has been I thank my colleague. I have been in the quorum call be rescinded. straight up or down. The votes have that position before when we have not The PRESIDING OFFICER. Without been 60 to 30, or 60-something to 28, or been able to get an amendment in. objection, it is so ordered. Mr. KERRY. Mr. President, Senator something like that. I think the reason I might add, the amendment was REID asked me a few minutes ago if I is that there is a fundamental flaw in filed a day and a half after cloture was would communicate where we are with the approach of this particular amend- filed. I said to JON KYL very clearly respect to the START treaty, and I will ment and the others we have had be- that we were going to try to be as flexible as we could. That flexibility needed do so. cause they seek to prevent the treaty As it stands now, we have two to be mostly focused on those amend- from going into force. amendments that remain. One is an The language says ‘‘prior to the ments that directly affect the treaty or amendment by Senator KYL on mod- entry into force of the New START are to the treaty in its most direct ernization, which I believe is the inten- Treaty,’’ the President has to do a se- sense. If we raised a point of order, this tion, though not yet locked in, of the ries of things. Some of those may read would be an amendment that would be majority leader to try to take up in a fairly straightforward and literal found to be not germane because it is around 9 o’clock in the morning. We way, but they are not necessarily what outside those direct treaty issues. With expect to spend somewhere in the vi- can be done immediately or are even that in mind, I have taken the position cinity of an hour on it, maybe a little subject to our control, in which case I have taken. But I look forward to bit longer than that, to accommodate we wind up with a treaty that we have working with my colleague, if we can, the speakers for Senator KYL. Then actually partially ratified because it as we go forward from here. there will be one other amendment cannot go into force, and it may never The PRESIDING OFFICER. The Sen- after that on missile defense, I believe go into force, depending on what hap- ator from South Dakota. an amendment that will be offered by Mr. THUNE. Mr. President, I say to pens with some of those things that are Senator CORKER and Senator my friend from Massachusetts that if out of our control. LIEBERMAN together. That amendment There are a lot of reports requested he would allow me to vote on the will be the last barrier remaining be- on one thing or another. I think there amendment, I would try to break that fore we can get to the final vote on the is a more effective way to go at this, 35-vote threshold that we have seen, to treaty itself. personally, that doesn’t wind up with a blow through that cap. It would be my hope, depending on negative impact on the treaty, where I appreciate the fact that the Senator the negotiations going on and discus- we are veering from our military and shares the concerns I have about Iran. sions with respect to the 9/11 first re- national intelligence leaders who All I would say is I think what this sponders—those are discussions taking would like to see this put into effect as provides is an additional safeguard as place now—depending on that, we will rapidly as possible. The effect of this is we move into this process and we have have a better sense of when that final not to let that happen as rapidly as this treaty and a clearly established vote will be able to take place. I know possible. connection between what is a great a lot of colleagues are trying to figure The Senator is 100 percent correct threat, a regional threat and, I would that out in the context of flights, fam- about our concern about Iran. We need argue, a threat beyond the region, cer- ily, and other things. Our hope is that Russian cooperation in order to ever tainly to our national security as well, will become clearer in the next min- have a chance of enforcing the sanc- the Iranian threat, and the relation- utes, hours, moments of the Senate. tions that have been put in place, as ship we have with Russia and this trea- That is the lay of the land. I know well as finding the other tiers of co- ty and the good-faith effort that we are the chairman of the Armed Services operation that are going to be critical making through this treaty with the Committee and the ranking member as we go forward, absent Iranian shifts Russians to reset, that this would pro- have made their request to the Senate in policy. The fact is, what has hap- vide an additional level of assurance regarding the Defense authorization pened through Russian cooperation that they are, in fact, cooperating and bill. right now is that the most significant that they are following through on the Our hope is that tomorrow morning sanctions we have been able to put in commitments they are making to the we can move rapidly through the replace to date have been put in place. administration and to us as we debate maining two amendments. It may even They were largely achieved because of this treaty. be possible for us to accept the amend- the relationship President Obama has Again, I will not belabor the point. ment on the missile defense. We are achieved with President Medvedev and The point has been made. I do think working on that language now. If that the reset button and the sense that we this is a germane amendment. I take happens, obviously it will clear the are coming together, not going apart. issue with the chairman’s contention possibilities of a final vote to an ear- It is easy for us in the Senate to that it is not. But at this particular lier hour, again dependent on this dis- stand here and say we have to require late hour and with his objection to cussion regarding the 9/11 first respond- this, we have to require that. A lot of this, I know I am probably not going to ers. these things I have found increas- have an opportunity to have this That is the state of play. ingly—particularly in this time I have amendment voted on, but I hope the Mr. COCHRAN. Mr. President, I am been chairman of this committee—a issue continues to stay front and cen- pleased to support the approval by the lot of the things we sometimes do with ter, in front of this body and before the Senate of the New START treaty. good intention in the Senate actually Foreign Relations Committee and the On December 16, I joined Senators very significantly complicate the life Armed Services Committee on which I INOUYE, FEINSTEIN and ALEXANDER in a and work of our diplomats who spend serve. letter to President Obama to express as much time trying to meet some kind The PRESIDING OFFICER. The Sen- my support for ratification of the trea- of certification as they do doing the di- ator from Massachusetts. ty and funding for the modernization of plomacy they are meant to do. Mr. KERRY. Mr. President, I say to our nuclear weapons arsenal. At the I am happy to work with the Senator the Senator, let’s commit to work to time, I was concerned that this might as chairman of this committee. We will make sure that happens. I certainly not be taken seriously as a long-term have hearings early next year on this will do that on my part. I look forward commitment. The President has re- topic of Iran and where we stand with to those hearings next year. Perhaps sponded to our request and assured me respect to that nuclear program. We the Senator would even want to find a that nuclear modernization is a pri- will look at this issue of Russian co- way to take part in them. ority for his administration and that

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With- thin due to two wars overseas and the Many of our colleagues have brought out this treaty, our inspectors do not threat from failed states and unstable forth ideas and offered amendments have the ability to monitor Russian ac- regimes in possession of nuclear weap- that will help address concerns about tivities. We have not had access to the ons the risk of nuclear proliferation the treaty. I share concerns about mis- Russian nuclear stockpile for over a has steadily increased. sile defense, tactical nuclear weapons, year. Our ability to ‘‘trust, but verify’’ That is why the goal articulated by and limits on delivery vehicles, but I must be restored. President Kennedy, built upon by Second, this treaty reinforces our im- cannot deny the potential national se- President Reagan, and further ad- portant relationship with Russia. It ad- curity consequences of not ratifying vanced by President Obama is more vances our Nation’s capacity to build the New START treaty. important than ever. Moving toward a durable, multilateral cooperation to After listening carefully to national world with zero nuclear weapons is a confront international security risks security experts and the debate on the move toward a safer and more peaceful from countries like Iran and North Senate floor, I have been convinced future. that failure to ratify this treaty would Korea. In addition, a strong relation- Through committed negotiations on diminish cooperation between our two ship with Russia helps to keep avail- the New START treaty, the U.S. and countries on several fronts, including able the supply chains that deliver Russia have renewed their commit- nuclear proliferation, and limit our un- equipment to the brave Americans ments to this important goal. Passing derstanding of Russian capabilities. serving in Afghanistan. New START would be another momen- Furthermore, failure to ratify this Finally, this treaty strengthens our tous step toward that more peaceful treaty would cause further delays in nonproliferation efforts around the world. getting our inspectors back to Russia world. By ratifying the New START after a 1-year absence. treaty and taking the focus off of stra- But, as we have all seen in recent While I am dissatisfied with the way tegic weapons, the United States and days, and over the course of the year this treaty has been considered by the Russia can increase their efforts on since the U.S. and Russia reached this Senate in a lameduck session, I take tactical nuclear weapons and prolifera- historic agreement, some in this Cham- our responsibility to provide advice tion. The risks associated with nuclear ber are playing partisan politics with and consent to international treaties proliferation are particularly serious an issue that has the potential to im- very seriously; and I do not think that and include acts of nuclear terrorism pact every person in America and the politics of the moment should against the United States and its allies across the world. trump our national security priorities. and the destabilizing effects of new nu- This political posturing is short- I am cognizant of the fact that the New clear arms races. sighted at best. And it is dangerous at For many years I have been con- START treaty has received unanimous worst. The threat of nuclear weapons is cerned about these risks. During the endorsement by both our country’s dip- not a partisan issue. It is an American 111th Congress, I have introduced bills lomatic and military leadership, and it issue. And, more importantly, a human that would decrease the spread of po- would be an unusual response for the issue. tentially dangerous nuclear tech- Senate not to respect and consider When START One was ratified in nologies around the world and imple- their views on how best to support our 1991, it was ratified not with just a sim- ment key nuclear nonproliferation rec- national security interests. ple majority but with 93 Members of ommendations offered by the Commis- I agree with them on the merits of the Senate voting in favor of the legis- sion on the Prevention of the Prolifera- this treaty, and I will support ratifica- lation. tion of Weapons of Mass Destruction tion. and Terrorism. I have also called for Similarly, START Two, ratified in Mr. AKAKA. Mr. President, I rise more oversight of the International 1993, had the support of 87 Members of today and proudly stand among the Atomic Energy Agency’s Technical Co- the Senate. long, bipartisan list of Senators, operation Program and its prolifera- The New START treaty deserves statesmen, and military leaders in sup- tion vulnerabilities. Ratifying the New similar support from this body. Ob- port of the New Strategic Arms Reduc- START treaty will reinforce these and struction of this treaty does not tion Treaty. The New START treaty is many other nuclear nonproliferation strengthen our country. It reduces our critical to our Nation’s security be- efforts. security. And arguments to the con- cause it places limits on U.S. and Rus- I urge my colleagues to strengthen trary go against decades of bipartisan sian nuclear arsenals, supports an im- national security by ratifying the New work to reduce the threat of nuclear proving bilateral relationship with START treaty. annihilation. Russia, and advances international nu- Mr. UDALL of New Mexico. Mr. Those opposed to ratification say clear nonproliferation efforts. President, I rise today to echo the call this treaty will diminish our national Over the last three decades, both the of the Senators and Presidents who security. They argue that we cannot United States and Russia have bene- have furthered the cause of peace. I rely on a smaller nuclear arsenal to ef- fited greatly from the bilateral reduc- rise to continue this body’s long- fectively deter an opponent. tion of nuclear weapons. Through the standing work to reduce the threat These concerns have been overhyped efforts of Presidents Ronald Reagan that nuclear weapons still pose to our and George H.W. Bush, the two super- and hyperpoliticized. And they fall flat Nation and world. in light of the scientific evidence pro- powers embarked on gradual nuclear Much has changed since the vided by our scientists and engineers at disarmament, agreeing to reduce the groundbreaking arms treaties of the the National Labs. number of their strategic warheads and 1990s. The cold war has ended, and with deployed delivery vehicles through the its end the balance of power changed Along with Senator BINGAMAN, I negotiation and signing of the first greatly. But the threat of nuclear war helped lead a visit to New Mexico’s Na- START treaty. Under President has not entirely gone away. tional Labs while the Senate Foreign Obama’s leadership, we are now consid- Over the last decade, we have seen Relations Committee was debating ering the New START treaty, which, the U.S. attacked on 9–11. And we ratification. The scientists and engi- when ratified, will reduce these num- learned about al-Qaida’s ambition to neers at the Labs briefed the delega- bers even more in both countries. acquire a weapon of mass destruction. tion, which also included Senators The ratification of the New START One mishap or one intentional attack KYL, CORKER, RISCH, and THUNE, on treaty is vital to our national security. is all that is needed to throw our entire issues pertinent to this debate. First, this treaty helps to decrease global society into a tailspin. After participating in these briefings, the threat of nuclear destruction and Thanks to the work done through I am confident of two things. One, that strategic miscalculation by requiring Nunn-Lugar, the U.S. has been in- the United States can assure our allies

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Fewer weapons also mean fewer Strike One: The 10 annual warhead New Mexico will be at the forefront opportunities for unstable regimes inspections allowed under New START of verification measures because the such as North Korea, Iran, or only permit us to sample 2 to 3 percent Los Alamos and Sandia National Labs Myanmar, or individuals with mali- of the Russian force. have the requisite professional exper- cious intentions to acquire or build a Strike Two: The inspections cannot tise to aid the monitoring of Russian nuclear weapon. provide conclusive evidence of whether forces. The two nations with the largest Russia is complying with the 1,550 war- I have been continually amazed by stockpile of nuclear weapons have a head limit. If we found a missile loaded the work of our National Labs in New duty to remain vigilant in protecting with more warheads than Russia de- Mexico. The Los Alamos and Sandia the rest of the world from the unthink- clared, it would be a faulty and sus- National Labs, and the hardworking able. By ratifying this treaty, the Sen- picious declaration. However, we could men and women who serve there, are ate is upholding its duty to protect our not infer that Russia had thereby vio- truly a treasure of the Nation. Nation and to protect our shared plan- lated the overall 1,550 limit. The Rus- Unfortunately, some on the other et. sians could just make some excuse for side of the aisle have derided the labs President Kennedy said the following the faulty declaration, as they have in as ‘‘decrepit and dangerous.’’ This during his 1962 State of the Union Ad- the past. poorly imagined and strikingly inac- dress: Strike Three: New START relies on a type of on-site inspections that Russia curate description couldn’t be further World order will be secured only when the from the truth. whole world has laid down these weapons illegally obstructed on certain missile Los Alamos National Labs Director which seem to offer us present security but types for almost the entire 15 year his- Michael Anastasio, Sandia National threaten the future survival of the human tory of START. Russia’s use of illegal, Labs Director Paul Hommert, and Law- race. oversized covers were a clear violation rence Livermore Director George Mil- By ratifying this treaty, we move a of our on-site inspection rights under ler, have been unequivocal in their tes- step closer toward realizing this legacy that treaty. As the old adage goes, timony to the Senate Armed Services and continuing a longstanding policy ‘‘fool me once, shame on you, fool me Committee and the Senate Foreign Re- goal of our country—the goal of cre- twice, shame on me.’’ lations Committee. ating a more peaceful and secure world. Common sense tells us that the worse They all agree that our labs are pre- Let us continue our work together by a treaty partner’s compliance history, pared to maintain our nuclear stock- ratifying this treaty and sending a the stronger verification should be. pile, and they are ready to lend their message to the world that the United However, according to official State scientific expertise to the overall mis- States of America will continue mak- Department reports by this adminis- sion of verification and reduction. ing significant steps towards peace. tration and the previous one, Russia To quote Director Anastasio’s Senate ∑ Mr. BOND. Mr. President, New has violated, or is still violating, im- testimony: START is a bad deal for the United portant provisions of most key arms control treaties to which they have I do not see New START fundamentally States. It requires us to reduce our de- changing the role of the Laboratory. What ployed strategic forces while the Rus- been a party. In addition to START, this includes the Chemical Weapons New START does do, however, is emphasize sians can add to theirs. This amounts Convention, the Biological Weapons the importance of the Laboratories’ mission to unilateral reductions. and the need for a healthy and vibrant Convention, the Conventional Forces The treaty gives Russia political le- science, technology and engineering base to in Europe Treaty, and Open Skies. verage, which they will use, to try to be able to continue to assure the stockpile We also know that the lower the lim- into the future: prevent us from expanding our missile its on our weapons, the stronger the Sandia National Labs also plays a defenses to protect us against North verification should be. But with these major role in stockpile stewardship, Korea and Iran. This is unacceptable. lower New START limits, our verifica- life extension, and stockpile surveil- The treaty fails to deal with Russia’s tion of warhead limits is much worse lance. reported ten to one advantage in tac- than under the previous START treaty, Director Hommert’s testimony tical nuclear weapons or their nuclear, with its higher limits. makes clear that Sandia understands sea-launched cruise missiles. However, With all these arguments against the the challenges involved under New the Treaty will limit our nonnuclear treaty, proponents can only point to START but that it is ready to under- ballistic missiles. one tangible benefit—that we will take those challenges. He said: Compounding these deficiencies, the know more about Russian forces with As a whole package, the documents de- treaty’s verification is weak and the the treaty than without it. This is scribing the future of U.S. nuclear policy Russians have a poor compliance hardly a ringing endorsement. represent a well founded, achievable path record. Learning more will hardly com- forward. As vice chairman of the Senate Se- pensate the United States for the I believe that it is no small coinci- lect Committee on Intelligence, I have major concessions included in this dence that the progression toward a reviewed all the relevant classified in- Treaty. What are these concessions? world without nuclear weapons will re- telligence concerning this treaty. I Unilateral limits, unlimited Russian quire the continued, diligent work of come away convinced that the United nuclear systems, limited U.S. non- those who first created and then se- States has no reliable means to verify nuclear systems, unreliable verifica- cured our arsenals. the treaty’s central 1,550 warhead tion, the forfeiture of our telemetry The safety, security, and reliability limit. rights, and perhaps most importantly, of our available nuclear weapons will It is also inexcusable that the United handing Russia a vote on our missile become increasingly important to our States has forfeited in this treaty the defense decisions. country as we reduce our stockpile. rights it enjoyed under START to full In many cases, concerns about par- For New Mexico, President Obama’s and open access to Russian telemetry. ticular treaties can be solved during strategy will mean an expanded role This amounts to giving up the ‘‘keys to the ratification process. My colleagues for our National Labs in managing our the kingdom,’’ as it will harm our abil- have my respect for their attempts to Nation’s nuclear deterrent. ity understand new Russian missile de- do so. Unfortunately, New START suf- For our country, President Obama’s velopments. fers from fundamental flaws that no strategy means that we are one step The administration has attempted to amount of tinkering around the edges closer to closing the curtain of the cold justify giving up Russian telemetry on can fix. war’s legacy of nuclear arms races. the basis that it is not needed to verify For these and other reasons, I cannot For the world, it means we will be the New START treaty. This is only in good conscience vote to ratify the taking a step forward toward greater true if you believe that the treaty’s ten New START treaty.∑

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Madam President, I ent to put the funds into an account who do not otherwise have the means rise this evening to talk about a pro- that protects the client. They would to retain counsel through individual gram that is of great importance to our not be able to put the funds into an representation in juvenile court and citizens across America who are strug- IOLTA account if it is not guaranteed, school proceedings and through gling to access legal services. There is if they have the option of putting it classwide advocacy in the courts, the a program that is called the Interest on into a noninterest-bearing fund that is legislature, and public agencies. It has Lawyer Trust Accounts or IOLTA. This guaranteed and, thus, the bank’s will- the only help line offering legal advice is a very interesting arrangement that ingness to pay interest. So the funding for children and teenagers in Oregon. I was not familiar with until I came to that goes for legal services across our So that is the Juvenile Rights Project. the Senate. Nation will disappear. Disability Rights Oregon. The Oregon Essentially, IOLTA is interest on I rise to talk about this because the Advocacy Center provides statewide lawyer trust accounts, and it works deadline for this is December 31. We legal services to Oregonians with dis- like this. When lawyers need to put have a bill to fix this before the Sen- abilities who are victims of abuse or money into a trust account, they are ate. But for those who are familiar, in neglect or have problems obtaining putting it in that account on behalf of the Senate, any Senator has the ability health care, special education, housing, a client or on behalf of an estate. It is to put a hold on legislation, and we employment, public benefits, and ac- not allowed under the law for the cli- have a situation where a Senator has cess to public and private services. Or- ent to earn interest. However, there is put a hold on this. I think, in general, egonians with disabilities look to an arrangement that has been made this hasn’t gotten much attention, the OAC—that is the Oregon Advocacy over the years in which banks agree to fact that this assistance that goes to Center or Disability Rights Oregon—to pay interest on those accounts, since low-income Americans across this protect and advocate for their rights in they are accessing those deposits— country will be deeply damaged, even if courts, with public agencies and with those funds—but the interest gets do- 99 Senators support this, because we the State legislature. nated to legal services for poor Ameri- don’t have 100 Senators. So I am rising The Classroom Law Project promotes cans across the United States of Amer- to basically make an appeal to my col- understanding of the law and legal ica. So it is a win-win. The client isn’t leagues to take a look at the legal pro- process for 15,000 elementary and sec- allowed to get the interest, but the grams in your States that are funded ondary school students in the State of banks pay the interest to benefit low- by this. Oregon by incorporating the lessons income Americans across our Nation. There are legal education programs and principles of democracy into That is the structure of the IOLTA that are funded. I hope my colleagues accounts. All 50 States have these pro- school curriculum. Their programs in- will recognize that what we have is a grams. Forty-two States require law- clude the High School Mock Trial Com- lose-lose situation if we don’t change yers to deposit client funds that do not petition. That is an extraordinary com- this law, and that lose-lose is legal edu- earn net interest for the client into petition. It is wonderful to see how a cation and legal services. The banks these IOLTA accounts so they will earn high school student can blossom when will actually make more money be- interest to pay for civil legal services preparing to argue before his or her for the poor. cause they will not have to pay inter- peers the facts of a case and the legal During the financial crisis, the FDIC est. So you have a lose-lose and a win— principles of a case. It is an enormous created a program to guarantee that a loss for the poor, a loss for the stu- education. the business and trust checking ac- dents wanting legal education, and a The Classroom Law Project also in- counts that do not pay interest are in- win for banks receiving greater profits. cludes the Summer Institute training sured—they are guaranteed—and In this situation, the banks have for teachers. This program enables IOLTA was included in this because been absolutely stellar citizens of our those teachers to better address the they do not pay interest to the client. communities. In Oregon, we have a issues of law and legal process in their The Dodd-Frank reform bill we had, host of banks that not only pay inter- classrooms. which extended these arrangements for est on these lawyer trust funds, but Also included is the We the People 2 years for accounts that do not pay in- they have agreed to maintain a floor of program on the Constitution and Bill terest to the clients, forgot to include 1 percent interest. I would like to men- of Rights. A lot of us often carry the the IOLTA accounts that do not pay in- tion these banks recognized by the Or- Constitution. We understand it is the terest to the clients but do pay interest egon Law Foundation as leadership foundation for our government of, by, that goes to fund civil legal services banks. I believe this list is as of the and for the people, and we want our for poor Americans in all 50 States. end of the year 2009. By mentioning children to get an education in the So we are seeking to fix this glitch. I these banks, I am basically saying Constitution. This is funded in this wish to note that hundreds of thou- thank you to these banks for being in- fashion. sands of Americans who don’t other- volved in this program. They include: We also have help for citizens who wise have access to legal services are the Albina Community Bank, the Bank are trying to get into a home mortgage in a position to benefit when they need of Eastern Oregon, the Bank of the modification, such as HAMP—the such services across our Nation. Cascades, the Bank of the West, Cap- Housing Affordable Modification Pro- In Oregon, we have the Oregon Law ital Pacific Bank, Century Bank, Co- gram—and also families who are work- Foundation, the nonprofit, nonpartisan lumbia River Bank, Key Bank, North- ing through issues of domestic vio- organization that administers legal aid west Bank, Peoples Bank of Commerce, lence. for the poor. They benefited to the the Pioneer Trust Bank, Premier West So here is the situation. Families ad- tune of over $1 million in revenue in Bank, Siuslaw Bank, South Valley dressing domestic violence issues, fam- 2009. When interest was a little better, Bank and Trust, the Bank of Oswego, ilies addressing wrongful home fore- they had more revenue in 2008—$2.2 the Commerce Bank of Oregon, Ump- closures, children—juveniles—seeking million. That was a decrease from 2007 qua Bank—a bank that originated in legal assistance, the disabled seeking of $3.6 million. So as interest rates southern Oregon, in timber country, resolution of issues regarding access to have declined, the amount of funds Douglas County, where I come from— health care, special education, housing that have gone to fund legal services U.S. Bank, Washington Trust Bank, or employment are being helped. The for the poor have declined, but still, a and Wells Fargo. Classroom Law Project is helping edu- few million dollars is better than none So all these banks have been willing cate our children about the Constitu- in terms of providing assistance. to pay interest on these lawyer trust tion, about the Bill of Rights, funding

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The financial press For 16 years, Robert Chatigny has 31. has reported about State and local gov- been a Federal judge in Connecticut, So I am rising to ask my colleagues, ernments that received bad advice serving as chief judge of the District of if you are the Senator who is holding from advisers and entered into swaps Connecticut from 2003 to 2009. In addi- this up, I encourage you to get the and other derivatives that they did not tion to ruling on a wide variety of facts from your State because all 50 fully understand, that are not per- cases, Judge Chatigny has earned a States participate, and then let this forming as promised, and that are now reputation for integrity, intelligence, funding, provided through a wonderful costing them tremendous amounts to and strict adherence to the rule of law. arrangement between the banks and unwind. Those swaps are often tied to I am pleased that Judge Chatigny has our lawyers and these trust accounts, municipal securities issued by those received the support of numerous go forward. Who knows how many same State and local governments and former Federal prosecutors in Con- thousands, the multiple of thousands Congress recognized the experience of necticut who understand the impor- who will be assisted in challenging sit- the MSRB in the regulation of the mu- tance of upholding the rule of law and uations if we fix this before we adjourn. nicipal markets. vouch for his character and his quali- I yield the floor. The act, which authorizes MSRB reg- fications. Let me quote from a letter to f ulation over municipal advisers, has the Judiciary Committee from three limited exceptions, including an excep- former U.S. Attorneys, each appointed REGISTRATION OF MUNICIPAL tion for commodity trading advisers by a Republican President: ADVISERS registered under the Commodity Ex- We believe that he is a fair minded and im- Mr. DODD. Madam President, on the change Act or their associated persons partial judge, who has the appropriate fit- occasion of the Municipal Securities who provide advice related to swaps. ness and temperament for the appellate Rulemaking Board’s, MSRB, imple- This exception covers swap dealers and court. mentation of congressionally man- major swap participants regulated by In addition, the Judiciary Committee dated registration of municipal advis- the CFTC. It does not extend to inde- has also received a letter signed by 17 ers, I would like to briefly speak on pendent swap advisers or other types of former assistant U.S. attorneys cur- this important development. Congress municipal advisers not explicitly ex- rently practicing law in Connecticut, in the Dodd-Frank Act of 2010 sought empted, which are meant to be subject in which they express their confidence to enhance the regulation of the $3 tril- to the MSRB rules. I expect that the that he will be ‘‘unbiased, compas- lion municipal securities market. The regulators of municipal swaps advisers sionate, and temperate.’’ law expanded the authority of the would adopt rules governing advisory This support demonstrates the high MSRB in recognition of the MSRB’s practices that are consistent with each regard in which Judge Chatigny is held deep and specialized expertise, and the other as well as relevant and appro- by the members of the legal commu- law expanded the mission of the MSRB priate for the municipal markets. nity in Connecticut that know him to protect issuers and other municipal Thus, municipal swaps advisers would best. In addition to the praise from the entities. It directed the MSRB to write be subject to practice rules embodying Connecticut Bar, Judge Chatigny has rules regulating municipal advisers— common principles, since they have the been unanimously rated ‘‘well quali- persons and firms that advise munici- same types of clients. fied’’ by the American Bar Association. palities and public pension funds or so- Judge Chatigny’s legal experience f licit their business on behalf of others, prior to his appointment reveals a rich which includes ‘‘financial advisers, NOMINATION OF ROBERT N. understanding of—and deep commit- placement agents, swap advisers’’ and CHATIGNY ment to—the American legal system. others. The law also reaffirmed the Mr. DODD. Madam President, I rise After graduating from Brown Univer- MSRB’s authority to regulate the con- today to express my strong support for sity and the Georgetown University duct of municipal securities dealers. At the nomination of Judge Robert Law Center, he served as a clerk to the same time, Congress required mu- Chatigny to serve on the U.S. Court of three Federal judges, including judges nicipal advisers to exercise a higher, fi- Appeals for the Second Circuit. I would Jon Newman and Jose Cabranes. Prior duciary standard of care to those mu- like to thank my dear friend and col- to his service on the court, he built an nicipal entities that seek their advice league, Chairman LEAHY, for his efforts excellent reputation in private prac- about municipal securities and other on this nomination. Chairman LEAHY, tice, first as an associate here in Wash- related financial matters. and his staff, does an outstanding job ington, before returning to private During the Senate-House Conference in seeking to ensure that the Federal practice in Hartford for nearly a dec- for the Dodd-Frank Act, the conferees courts function as our Constitution ade. carefully considered and debated alter- prescribes. I applaud him for his work In addition, Judge Chatigny has de- native approaches for overseeing mu- and his commitment to the rule of law. voted substantial time and effort to nicipal advisers and strengthening mu- Judge Chatigny was first nominated improving the legal profession. When nicipal securities market regulation. to the Second Circuit last year, but the Governor of Connecticut sought ex- We recognized that the MSRB has writ- after a sustained and, in my view, to- perienced and knowledgeable public ten a comprehensive set of rules on key tally unwarranted attack on him by servants to help make better public issues and said that the MSRB is well- some, my colleagues on the other side policy, Judge Chatigny was an easy equipped and experienced to write rules refused to grant consent to allow his choice, serving on both the State Judi- regulating participants in the munic- nomination to remain pending in the cial Selection Commission and the ipal markets. Over the past decades, Senate. As a result, under rule 31, his State Commission on Prison and Jail the MSRB has accumulated knowledge nomination, along with 12 others, in- Overcrowding. In addition, he has and hired specialized expertise to write cluding 4 other judicial nominees, was served in various roles with the Con- rules regulating the complex and var- returned to the President on August 5, necticut Bar Association, as well as ied municipal securities market. In ad- prior to the August recess. being an advisor to the congressionally dition, the Banking Committee in its While I was extremely disappointed created Federal Courts Study Com- report, S. Report No. 111–176 accom- by this development, I am pleased that mittee. panying S. 3217, said that the MSRB is President Obama decided to renomi- Unfortunately, Judge Chatigny has in the best position to assure that rules nate Judge Chatigny to this position. become the target of totally unjust at- are consistent with other rules gov- Judge Chatigny is an individual of out- tacks that threaten not only to defeat erning the municipal markets. standing character, keen intellect, and his nomination but also send a chilling

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S10922 CONGRESSIONAL RECORD — SENATE December 21, 2010 message that will endanger the inde- On February 10, the State trial judge the attention of the counsel for the pendence of all Federal judges. ordered a new competency hearing, State, the State elected not to oppose One may wonder why the nomination which was conducted in the State court a new court hearing so that the new of a judge so well qualified and so high- for 6 days in early April. On April 22, evidence could be fairly considered. ly regarded as Judge Chatigny has the State trial judge issued a decision The new evidence was of sufficient drawn any opposition at all from my finding that Ross was competent, and value to require 6 days of hearings in colleagues on the other side of the on May 10, the Connecticut Supreme the State court. aisle. The answer lies primarily in Court affirmed. Three days after this Ultimately, the new evidence did not Judge Chatigny’s role in the appeal of final ruling was handed down, Michael change the outcome of the case, and the first death penalty case in Con- Ross was executed. Ross was executed. But if Judge necticut in 40 years. Here are the facts. Thereafter, a State prosecutor filed a Chatigny had not intervened, an execu- Michael Ross raped and murdered complaint against Judge Chatigny al- tion would have occurred without the eight women. His crimes were heinous leging that his actions in the Ross case 6-day hearing that the State court and inhuman. He was convicted in the constituted judicial misconduct. The found necessary to determine the de- State courts of Connecticut and sen- chief judge of the Second Circuit con- fendant’s competency, and the assur- tenced to death. His defense of insan- vened a special three-judge panel to in- ance of compliance with constitutional ity, although seriously contested at vestigate the allegations. The panel in- requirements would have been lost. trial on the basis of conflicting psy- cluded former U.S. Attorney General After a call for an investigation by chiatric testimony, was rejected. Michael Mukasey, who was then chief some legislators in Connecticut was On January 21, 2005, 5 days before the judge of the U.S. District Court in made, the Bar Association’s president scheduled execution, a public defender Manhattan. The panel unanimously publicly stated that ‘‘no one should filed a petition for a writ of habeas cor- concluded that no judicial misconduct want decisions of life or death made pus in the Connecticut Federal district had occurred, and that ruling was without consideration of all relevant court that came before Judge unanimously adopted by the Judicial facts and circumstances,’’ and that the Chatigny. The petition presented sub- Council of the Second Circuit. attacks on the judge threatened to stantial evidence challenging Ross’s Despite the unanimous conclusion of ‘‘undermine’’ the independence of the competency, alleging that under the these distinguished jurists that Judge judiciary. Judge Chatigny’s handling of U.S. Supreme Court’s 1996 decision in Chatigny did nothing improper in his the Ross case was praised by both the Rees v. Payton, Ross was not com- handling of the Ross case, it has be- Hartford Courant and the Connecticut petent to waive legal challenges to his come a focal point for objections to his Law Tribune. death sentence, and that his execution confirmation. Some have argued that If Judge Chatigny is to be attacked would violate the 5th, 6th, 8th, and 14th the judge should not have intervened, for performing his constitutional func- amendments. even briefly, to delay the execution of tion as he saw it, what message does Three days later, on January 24, such an evil person as Michael Ross, an that send to other judges when con- Judge Chatigny conducted a hearing in admitted killer of 8 young women. fronted with constitutional claims in the habeas case and heard testimony I would, however, invite my col- cases that understandably arouse pub- from a psychiatrist supporting the leagues to consider carefully the impli- lic passions? Let me respond to one other criti- claim of incompetency. The judge cations of that criticism. Here was a cism that has been made concerning issued a stay of execution. The next district judge confronted with a substantial claim, in a properly presented the Ross case. The critics have quoted day, January 25, the Second Circuit petition for a writ of habeas corpus, Judge Chatigny as saying that Ross Court of Appeals unanimously denied that new evidence put in doubt the should never have been convicted. the State’s motion to vacate Judge competency of a defendant about to be Their quotation is a serious distortion Chatigny’s stay and dismissed the executed. of what the judge said. State’s appeal from the stay order. The judge had two choices: he could Speaking with reference to the evi- Two days later, on January 27, the U.S. turn his back on the matter and let the dence of Ross’s insanity defense, the Supreme Court, by a vote of 5 to 4, va- execution proceed without any exam- judge said, expressing the traditional cated the stay of execution. ination of the new evidence, or he standard courts use in determining Later that same day, Judge Chatigny could insist that constitutional stand- whether there is sufficient evidence to received new evidence bearing on ards be followed and the new evidence present an issue to the jury, that Ross’s competency, and, mindful that be considered so that the execution, if ‘‘looking at the record in a light most he had been instructed not to enter any and when it occurred, would be carried favorable to Mr. ROSS, he never should order delaying the execution, neverthe- out in accordance with constitutional have been convicted.’’ Unfortunately, less felt it his duty to alert all counsel requirements. the critics have left out the important to the new evidence. He therefore faxed Turning his back on the case would first half of that statement. it to all counsel, and convened a tele- have been the easier course. Accepting Let me also briefly mention the con- phone conference to discuss the evi- the challenge to consider the habeas cerns raised by some about Judge dence. corpus petition, I believe, took consid- Chatigny’s treatment of Michael Ross’s The next day, January 28, Judge erable courage. The judge acted in con- attorney in regards to his law license. Chatigny convened another telephone formity with his oath of office, which I think this criticism does not stand up conference with all counsel and learned obliges him to uphold the Constitution to close scrutiny. of the existence of additional new evi- of the United States. And for that, he It is, of course, true that Judge dence bearing on the defendant’s men- is being savagely attacked. Chatigny had a heated discussion with tal competency. Some critics of Judge Chatigny’s the Ross’s lawyer regarding his client’s Shortly after midnight, the State nomination point out that the stay of competence. Judge Chatigny believed agreed to postpone the execution until execution issued by the judge was later strongly that a state court in Con- Monday, January 31, at 9 p.m. Later vacated by the U.S. Supreme Court by necticut should be given the oppor- that morning, on January 29, defense a vote of 5 to 4. And, of course, that 5 tunity to consider new evidence of counsel received information that the to 4 majority ultimately prevailed. Ross’s competence and tried to con- psychiatrist who had testified for the But it must be noted, in assessing vince the attorney of this. State might now have a different opin- Judge Chatigny’s decision to issue the There is no doubt that the exchange ion on the issue of mental competency stay, that of the 13 judges that re- between Judge Chatigny and the de- based on the new evidence. viewed the matter—1 district judge, 3 fense lawyer was intense. However, as Two days later, on January 31, de- Circuit Judges, and 9 Supreme Court the Judicial Council of the Second Cir- fense counsel filed a motion in State Justices—only 5 thought the stay cuit found, there was no misconduct in court to stay the execution. The State should not have been issued, and 8 this episode. In fact, the special com- did not oppose the motion, the motion thought it was proper. mittee’s report stated: was granted, and the death warrant ex- Even more significant is the fact that The judge was clearly concerned that [the pired. once the new evidence was brought to defense lawyer’s] reluctance to engage the

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 21, 2010 CONGRESSIONAL RECORD — SENATE S10923 court in the question of Ross’s competence mittee that they strongly support his cism. I believe, on the contrary, that . . . might cause an unconstitutional execu- confirmation for the court of appeals, his handling of the case was a coura- tion. It is clear the judge’s concern was to as have 17 former assistant U.S. attor- geous defense of constitutional require- repair what he perceived as a breakdown in neys. ments, as do many others, including the adversarial process, resulting from an attorney’s insistence on adhering to his cli- One other criticism of Judge experienced Federal prosecutors from ent’s expressed desire to waive judicial re- Chatigny also must be addressed. Indi- both political parties. view and consent to his execution, in spite of viduals have attacked Judge Chatigny But let us assume, for a moment, indications that the client might be without because in some instances, he imposed that the criticism is valid. What I competence to make such a waiver. The a sentence below the sentencing guide- would then ask this body to consider is judge’s perception of the need for remedial lines in certain cases. this: is the criticism of the handling of action in his communications with the attor- What his detractors ignore is that one case out of the thousands over ney was reasonable. While his words were Judge Chatigny has also imposed sen- which Judge Chatigny has presided in strong, when properly understood they were tences at or above the top of the guide- not unreasonable. 16 years as an outstanding U.S. district lines’ range and that, according to Sen- judge a sufficient reason to oppose his Further, who among us in public life tencing Commission statistics, Judge confirmation for the court of appeals? during debates on contentious issues Chatigny’s sentences are well within Have we, as Senators, permitted the has never said anything that we would the mainstream of sentences of all the President’s selection of a well qualified perhaps not repeat? The next business judges in his district. judge with 16 years of outstanding judi- day after this episode, Judge Chatigny Indeed, the best commentary on cial service to be thwarted because in sought out the defense lawyer and Judge Chatigny’s sentences in criminal the hours before a scheduled execution, apologized for his actions. He recog- cases is the fact that in the 16 years he the first in Connecticut in 40 years, nized that his words were ‘‘excessive’’ has been a district judge, Federal pros- this judge thought it was his duty to and at the first chance available ecutors have not sought to appeal even make sure that constitutional stand- sought to apologize for them. I think one of these decisions. Let me repeat ards, as he understood them, required this shows exactly the sort of humble that: in 16 years as a Federal judge, him to act, not to overturn a convic- and self-examining personality that we prosecutors have never appealed one of tion, not to overturn a death sentence, need more of on the court. Judge Chatigny’s sentences. but simply to make sure that new evi- But perhaps most importantly, Mr. I have served in this body for nearly dence bearing on the defendant’s men- President, one verbal exchange be- 30 years. I am extremely proud of this tal competence was fairly considered? tween a judge and counsel, in the mid- institution and believe that it plays a It goes without saying that I am very dle of a highly contentious and emo- critical role in our republic. One of the disappointed the Senate will not be tional court case does not shed light on most important functions we have is to voting on this nomination before the the entire arc of a judge’s career. As vote on nominees to the executive and end of the 111th Congress. Judge demonstrated from the record and the judicial branches of our government. Chatigny is superbly qualified for a support he has received in Connecticut, It saddens me to note that this body seat on the Second Circuit, and I be- this episode is an aberration and one has let partisan politics and delaying lieve the Senate has made a serious not likely to be repeated. We should tactics interfere with our constitu- mistake by not confirming him. not unduly punish someone with an tional responsibility to provide advice outstanding record such as Judge and consent on the President’s nomi- f Chatigny because of one heated ex- nees. Unfortunately, Judge Chatigny is change. What type of judicial standard not the only eminently qualified judi- FLOODING IN COLOMBIA would we be asking of those who aspire cial nominee to face this challenge. to the bench? As of November 29, the Senate had Mr. LEAHY. Madam President, I The critics have also said that the only confirmed 41 of President Obama’s want to take a minute to call attention complete exoneration of Judge Federal circuit and district court to a humanitarian disaster that has re- Chatigny on the misconduct complaint nominees so far this Congress. By con- ceived only passing mention in the has little, if any, bearing on whether trast, during the first Congress of the international press and which many he should be confirmed for the court of George W. Bush administration, the Senators may be unaware of. appeals. Yet they persist in claiming Senate, which at that time was con- On December 7, Colombia’s President that the Judge did something improper trolled by Democrats, confirmed 100 of Juan Manuel Santos declared a state of when the claim of improper conduct that President Bush’s nominees to the ‘‘economic, social and ecologic emer- was totally rejected. Federal bench. gency’’ as a result of massive flooding On this last point, I believe it is also In addition, there have been repeated which he called a ‘‘public calamity.’’ worth reiterating that one of the roadblocks to the consideration of nu- Heavy rains over a period of months judges who served on that panel, Mi- merous well-qualified nominees to have caused landslides that have swept chael Mukasey, also served as U.S. at- critically important posts within the away homes and rivers to overflow torney general during the waning years executive branch. The Federal Govern- their banks, and now large areas of the of the Bush administration. ment has an immense amount of work country are inundated with water. Ac- But Michael Mukasey has done more to do, and obstructionist tactics have cording to a December 17 report by the than simply reject a misconduct com- only made that harder. U.N. Office for the Coordination of Hu- plaint. Once the nomination of Judge I am convinced that this Judge de- manitarian Affairs which is assisting Chatigny was made, Michael Mukasey serves to be confirmed. He has out- the Colombian government, so far 2.1 let it be known that he supported the standing qualifications and an out- million people have been affected by confirmation of Judge Chatigny for a standing record. No one, even his crit- the flooding, 270 have died, 62 are miss- seat on the court of appeals. Can any- ics, doubts either his qualifications or ing, and more than 300,000 houses have one seriously believe that a former his record. I believe he is being opposed been damaged or destroyed. Thousands U.S. attorney general would support a because he acted with great courage to of miles of roads have been obstructed, nominee to the Federal bench who was live up to his oath of office and uphold damaged or destroyed. not unquestionably deserving of con- constitutional standards in one widely Twenty-eight of the country’s 32 de- firmation? publicized case involving a despicable partments, which comprise 61 percent And Michael Mukasey’s support of murderer. of the country, have been affected. Judge Chatigny’s nomination does not Would that all judges display that President Santos said the number of stand alone. As I mentioned earlier, kind of courage when put to a similar homeless from the flooding could reach three former U.S. attorneys appointed test. 2 million, and that ‘‘the tragedy the by Republican Presidents, the prosecu- Let me conclude with one further country is going through has no prece- tors most familiar with Judge point. I recognize that some of my col- dents in our history.’’ What’s worse, Chatigny’s record, have publicly in- leagues believe that Judge Chatigny’s the rains are expected to continue formed the Senate Judiciary Com- handling of the Ross case merits criti- through next June.

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S10924 CONGRESSIONAL RECORD — SENATE December 21, 2010 I do not have to remind anyone here are working to develop strategies to Louisiana who has helped guide the of our close relationship with Colom- protect the world’s most vulnerable Senate. We each, Senators on both bia. I also know Colombia has emer- people from this growing threat. We sides of the aisle, owe her our grati- gency response capabilities which may need to support this and work together. tude. She is a professional who helps not exist in remote areas of other I commend President Santos who has set the right tone for all of us—Sen- countries similarly affected by severe not only helped to alert the world to a ators, staff, and pages. flooding or other natural disasters, catastrophe that had previously gone The young people, high school stu- such as Pakistan. I was pleased to largely unnoticed outside his country, dents from around the country, who learn that the U.S. Army Corps of En- but who has taken other important continue their studies while serving as gineers has people in Colombia because steps in his first months of office that Senate pages for a semester or a sum- the devastation is on a scale more mas- have won the respect and support of mer are another group of beneficiaries sive than any developing country could the Colombian people. His efforts to of Lula’ s tutelage. She is a tough but deal with alone. There may also be diffuse tensions with Colombia’s neigh- fair taskmaster. Democratic pages other ways we can provide assistance. bors, to begin tackling head on the learn that every job, no matter how I also use this opportunity to note daunting economic, social and judicial small, needs to be done right. what appears to be the growing number challenges facing Colombia, and to ap- They learn lessons that will serve and intensity of natural disasters point several top officials who have the them throughout their lives. She has around the world that are straining the necessary qualifications and integrity, been a mentor, friend and role model to international community’s emergency are admirable. hundreds of youngsters from around response capabilities. While no single After a decade of Plan Colombia, the country over the years. At the end weather event can be definitively at- U.S.-Colombia relations are entering a of their tour of duty, they appreciate tributed to climate change, scientists new phase. While there will likely con- what she has given them and, I hope, have long predicted an increase in the tinue to be issues about which we dis- share her respect for the Senate. frequency and severity of extreme agree, I look forward to working with She has never failed to fulfill her du- weather events as a result of global President Santos and his government ties as she has steadfastly served with warming. They also predict that as on a wide range of issues of mutual in- a succession of Democratic leaders. In many as 200 million people could be terest and concern. truth, she has served not just the displaced by natural disasters and cli- f Democratic Senate caucus but the Sen- mate change by 2050. That would cause ate and the country. TRIBUTE TO LULU DAVIS incalculable havoc for many countries. I will miss Lula Davis and wanted to President Santos, who to his credit Mr. LEAHY. Madam President, as we say how much I appreciate all she has has been out in the countryside with approach the end of this Congress we done for each of us. people who have lost family members, are saying goodbye to people with f homes and, in many cases, everything whom we have been privileged to serve AMERICA COMPETES they own, said he canceled his trip to over the past years. We often talk REAUTHORIZATION ACT the U.N. Climate Change Conference in about Senators who have completed Cancun so he could deal with the dev- their terms. In that regard, a number Mr. BINGAMAN. Madam President, astation that climate change is causing of my friends will be leaving the Sen- last Friday the Senate in an act of bi- in his own country. Pakistani govern- ate and I am making statements about partisanship reauthorized the America ment officials likewise blamed climate them. COMPETES Act, which was first signed change for the massive floods there Today, I want to talk about a woman into law August 9, 2007. It did so this that have affected more than 20 million who has served the Senate and the time under unanimous consent; the people over the past several months. American people for three decades, and last time it took 3 days of debate. I Whatever the cause, and there isn’t whose career sets a high standard of would like to note that this reauthor- time today to discuss my views about professionalism and public service that ization continues the strong tradition the role that deforestation and the inspires countless others. She was not of bipartisanship which augurs well for burning of fossil fuels play in global elected to serve as a Senator, but she the ability of our Nation to conduct warming, the world’s climate is un- has been essential to the work of the cutting edge research while innovating questionably changing. And a dis- Senate for a number of years. and competing in our global economy. proportionate number of recent cli- Lula Johnson Davis began her Senate In a time of concern about our budget mate related disasters has occurred in career as a legislative correspondent deficit, the passing of this act by unan- the world’s poorest countries where for Senator Russell Long of Louisiana. imous consent is an acknowledgment most people’s lives depend on agri- She later worked for the Democratic by the Senate as a whole that tax dol- culture. They have seen their homes Policy Committee. In 1993, she became lars spent on these topics is money destroyed, crops drowned in water and a key member of our Democratic floor well spent. buried in mud, and what few posses- staff The floor staff is critical to the But behind that simple act of unani- sions they have swept away. Other proper functioning of the Senate. mous consent laid almost 2 years of countries have suffered years of They advise Senators on floor proce- hard work at the staff and Member drought, and water sources that have dure and help keep the Senate oper- level in the Senate. sustained life for centuries have dried ating within the formal Senate Rules First and foremost, I would like to up. In as little as 25 years, glaciers that and the informal Senate practices that acknowledge the leadership of Senator millions of people and their livestock honor our traditions of courtesy and ci- LAMAR ALEXANDER. Senator ALEX- depend on for drinking water have vility. When Senators are not bollixing ANDER worked with members of his Re- shrunk to a fraction of their size. up the proceedings, the floor staff fa- publican caucus to ensure their views These issues are going to occupy our cilitates the business of the Senate. were incorporated into this bill. He has time and severely tax our resources for They are the unseen and unrecog- kept his unwavering belief that the the foreseeable future, and we and nized teachers for new Senators. They strength of our Nation, its ability to other countries urgently need to de- help guide all of us through Senate proposer and create good paying jobs, velop plans to try to prevent and adapt consideration and voting on every rests on the investment we make in to climate change and to respond when measure that comes before this body. educating our children in science and disaster strikes. She leaves the Senate having started education, conducting research at uni- I am encouraged that there is a new as a legislative correspondent and hav- versities and laboratories and using a field of research specifically focused on ing risen to become the Secretary of well educated workforce to promote in- better understanding, preventing and the Majority of the U.S. Senate. novation in our global economy. responding to large scale displacement Through the decade of the 1990s and The America COMPETES Act in- of people as a result of climate change this first decade of the new century, as volved the work of three Senate com- and natural disasters. Nongovern- the assistant secretary and now sec- mittees: the Senate Commerce, Science mental and international organizations retary, it has been this woman from and Transportation Committee; the

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 21, 2010 CONGRESSIONAL RECORD — SENATE S10925 Senate Committee on Health Edu- luctantly after numerous failed at- practitioner’s order for a controlled cation, Labor and Pensions, HELP; and tempts to work with the agency for substance, specifically schedule II the Senate Energy and Natural Re- over a year on the issue of delivering drugs, to DEA-licensed pharmacies sources Committee. As before, Matt pain medication to nursing home resi- orally or by fax. The nursing home, Sonnesyn, who participated in the last dents in a timely matter. while not licensed by DEA, will des- America COMPETES effort provided a At a Special Committee on Aging ignate those authorized to transmit a stable and steady push to keep the bill hearing I chaired earlier this year, pan- practitioner’s order and to make a list on track. In the Commerce Committee, elists detailed a recent DEA enforce- of those authorized agents available to Ann Zulkosky on Senator ROCKE- ment initiative that has delayed many the pharmacy. In exchange, nursing FELLER’s staff worked long hours nursing home patients from receiving homes, practitioners, and pharmacies through a markup and subsequent staff much-needed medication to control will be required to take certain steps drafts of the bill while at the same their pain. For several years, nurses to verify their accountability. time managing to reauthorize NASA. had been able to call into pharmacies I happily submit for the record a doc- Maryam Khan and Hugh Derr on Sen- urgently needed prescriptions fol- ument detailing the specifics of our ator Hutchinson’s staff worked with lowing a doctor’s order. Pharmacies agreed-upon framework for the legisla- Ann throughout this time; Robin would fill the order, patients would get tion outlined above. I am confident Juliano on Senator HARKIN’s staff on their pain medication, and doctors that it will ensure our mutual interests the HELP committee worked with would follow up with written confirma- are met by enabling nursing home resi- Christopher Eyler on Senator ENZI’s tion of the prescription. Due to the dents to have the pain medication they HELP staff to ensure education pro- DEA’s new enforcement initiative, need while preventing drug diversion grams were updated where appropriate; pharmacies face huge administrative and misuse. I would like to thank At- Jonathan Epstein on my Energy Com- fines if they continue to follow this torney General Holder for his strong mittee staff worked tirelessly, as he practice. Most disturbingly, nursing commitment to seeing that a Federal did on the original bill, and along with home residents sometimes must endure legislative solution can be moved for- Isaac Edwards on Senator MURKOWSKI’s the pain for hours or even days as nurs- ward in the opening weeks of the 112th Energy Committee staff worked ing home staff try to adhere to the Congress. After all, time is of the es- through energy programs and updated newly enforced regulations. Finally, sence for nursing home residents who them to account for changes since the nursing homes have been forced to send are in need of immediate pain relief. last COMPETES Act. frail and pain-ridden residents to the f There are other important staff I emergency room, at great cost, simply CONFIRMATION OF ALBERT DIAZ would like to acknowledge who made to get pain medication that they used this effort in the Senate a success: to be able to get in their nursing home. Mr. CARDIN. Madam President, I am David Cleary on the HELP Committee, At Ms. Leonhart’s nominating hear- pleased the Senate has confirmed the Adam Rondinone and Neena Imam in ing before the Judiciary Committee in nomination of Albert Diaz of North Senator ALEXANDER’s personal office, November, I expressed my disappoint- Carolina to be a U.S. circuit judge for Ann Begeman, Senator Hutchinson’s ment that the DEA had not followed the Fourth Circuit. Commerce Committee Staff Director, through on the pledges made to the Judge Diaz is strongly supported by Ellen Doneski, staff director for the Aging panel in March to work with us his home State Senators, Senators majority and Chris Martin, Andrew to address the problem swiftly. Nearly HAGAN and BURR, and he received the Ruffin, Bruce Andrews, and Brian Hen- 2 weeks after her confirmation hear- highest possible rating of ‘‘well quali- dricks of the Commerce Committee; ing—and three months after submit- fied’’ from the American Bar Associa- Trudy Vincent, my legislative director ting a draft proposal to DEA—I was tion’s rating committee. The process and Peter Zamora, my education coun- told that any solution would require Senators HAGAN and BURR used to rec- sel; Robyn Hiestand on the Budget each State to grant nursing homes the ommend these nominations to the Committee, Rachel Sotsky in Senator authority to dispense controlled sub- President—working in a bipartisan LIEBERMAN’s personal office, Lula stances pain medications. However, fashion with each other and the White Davis, the secretary for the majority, any solution requiring ‘‘state-by-state’’ House—is a model for how we can im- Tim Mitchell on Senator REID’s floor action would take many years to prove the judicial selection and con- staff, Laura Dove the assistant sec- achieve. The urgent pain relief situa- firmation process going forward. retary for the minority and Bob Simon, tion in nursing homes will not permit I chaired the confirmation hearing my Energy Committee staff director. such a long-term approach. When the for Judge Diaz in December 2009, and in Finally, I need to give a special thanks Judiciary Committee approved Ms. January 2010 the Judiciary Committee to the legislative counsels who worked Leonhart’s nomination, I asked to see unanimously approved his nomination with staff to accurately draft the bill— meaningful progress on the issue prior by a 19–0 vote. Lloyd Ator on the Commerce Com- to her final confirmation. I am disappointed that it has taken mittee, Amy Gaynor who drafted the I am pleased to have recently re- the Senate almost a full year to take HELP Committee text and Gary Endi- ceived Attorney General Eric Holder’s final action on this nomination. cott who drafted the Energy Com- assurance that he will promptly deliver I take a special interest in the mittee text. the DOJ’s support for a legislative fix. Fourth Circuit, as it includes my home As you can see, the America COM- As a result of our discussion, I am re- State of Maryland. When President PETES Act involved a large number of leasing the hold on Michele Leonhart’s Bush was in office, in May 2008 I bipartisan staff, all working together nomination, and I look forward to in- chaired the confirmation hearing for for the common goal of promoting the troducing a mutually acceptable legis- Justice Steven Agee, who served on the ability of our nation to compete in a lative fix in the opening days of the Virginia Supreme Court and was con- global economy. I am grateful to all of 112th Congress. firmed to be a U.S. circuit judge for the the them for their hard work. Based on our agreement, DOJ will de- Fourth Circuit. Since President Obama I am also delighted that today, De- liver draft legislation to me in January has taken office, in April 2009 I chaired cember 21, the House of Representa- to permit the timely delivery of pain the confirmation hearing for Judge tives passed this bill as well. medications to nursing home residents. Andre Davis of Maryland, a Federal f The legislation will deem certain district judge in Baltimore, who was nurses or other licensed health care confirmed last year to be a judge on LEONHART NOMINATION professionals to be ‘‘authorized the Fourth Circuit. In October 2009, I Mr. KOHL. Madam President, I rise agents.’’ Those agents will be chosen chaired the confirmation hearing of to announce that I have lifted the hold and designated by the nursing home as Justice Barbara Keenan of Virginia, I placed earlier this month on Michele agents of DEA-licensed practitioners— who had served on the Virginia Su- Leonhart’s nomination to be Adminis- practitioners being the resident’s at- preme Court and was confirmed in trator of the U.S. Drug Enforcement tending physician or specialist. They March of this year by the Senate. Fi- Agency, DEA. I had placed the hold re- will be authorized to transmit the nally, in December 2009, I chaired the

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S10926 CONGRESSIONAL RECORD — SENATE December 21, 2010 confirmation hearing of James Wynn of mately chief review officer. He then His essay discusses public diplomacy North Carolina, who had served as an moved to the Navy’s Office of the at the local level and mentions my associate judge of the North Carolina Judge Advocate General, JAG, where home town of Tulsa, OK, as an example Court of Appeals, and was confirmed by he served for 4 years as appellate gov- of a community that has developed in- the Senate in August 2010. ernment counsel handling criminal ap- novative international visitor pro- I mention these nominations by way peals. Upon entering private practice, grams. Public diplomacy is vital to of background for my colleagues, be- Judge Diaz remained in the Marine keeping our country safe. The best way cause the Fourth Circuit has had one of Corps Reserves, serving over the years to defeat the forces of extremism is to the highest vacancy rates in the coun- as a defense lawyer, trial judge, and ap- educate people around the globe about try. When I came to the Senate in 2007, pellate judge. America and our values, culture, and out of the 15 seats authorized by Con- Judge Diaz was the first Latino ap- people. gress, 5 of the seats of the Fourth Cir- pointed to the North Carolina Superior I strongly support Richard’s work cuit were vacant. That means that one- Court when he was named as a resident around the world and I ask unanimous third of the court’s seats were vacant. superior court judge in 2001. consent that the statement by Richard Our circuit courts of appeals are the I therefore pleased that the Senate Soudriette be printed in the RECORD. final word for most of our civil and has confirmed Judge Diaz, an out- There being no objection, the mate- criminal litigants, as the Supreme standing nominee who enjoys bipar- rial was ordered to be printed in the Court only accepts a handful of cases. tisan support from his home State Sen- RECORD, as follows: We should also be working to in- ators and a unanimous endorsement PUBLIC DIPLOMACY: BUILDING BRIDGES OF crease the diversity of the judges of the from the Judiciary Committee. By con- UNDERSTANDING Fourth Circuit. The Fourth Circuit is firming Judge Diaz, the Senate takes [By Richard W. Soudriette, Center for one of the most diverse circuits in the an important step in bringing the va- Diplomacy and Democracy, December 8, 2010] Nation, according to the most recent cancy rate down on the Fourth Circuit, Ever since the proclamation of the Dec- Census estimates. In terms of the and for the first time in many years laration of Independence in Philadelphia Fourth Circuit—which consists of the confirmed judges on the Fourth over 200 years ago, America has championed Maryland, Virginia, West Virginia, Circuit will be almost up to full the power of the human spirit. Across the globe, America is a beacon of freedom that North Carolina and South Carolina—22 strength. Finally, we will have a more gives hope to people living under oppression. percent of the residents are African diverse bench that better represents Our country faces many challenges never American. In my home State of Mary- the population of this circuit. envisioned by the Founding Fathers in 1776. land, African Americans constitute 30 f The deadly attacks on America that oc- percent of the population. By way of curred on September 11, 2001 revealed that DIPLOMACY comparison, the U.S. population is 12 extremist elements seek to destroy America percent African American. Mr. INHOFE. Madam President, and all that it symbolizes. Al-Qaeda and Ironically, the judges on the Fourth today I wish to talk about public diplo- their cohorts are dedicated to the eradi- macy. I have spent a lot of time in Af- cation of human rights and democracy. Is- Circuit have not historically been lamic extremists do a great injustice to Mus- known for their diversity. The first rica and have built close relationships lims who reject the extremist philosophy of woman to sit on the Fourth Circuit was with many African leaders. As you hatred, ignorance, and intolerance. not appointed until 1992. The first Afri- know, our country’s official diplomacy Defeating the forces of extremism will re- can American to sit on the Fourth Cir- is conducted by the State Department. quire more than military power. It also will cuit was not appointed until 2001. However, public diplomacy involving require tenacious public diplomacy to edu- In recent years I am pleased that the people-to-people interaction is equally cate people from Muslim countries, as well important for promoting a positive as elsewhere, about America. Fourth Circuit has indeed become more Public diplomacy is a term that was coined diverse and representative of the popu- image of America to the world. The by respected career U.S. diplomat, Edmund lation it oversees. The Senate took an- United States is admired as a beacon of Gullion, who also served as dean of the other important step forward to in- freedom for oppressed people every- Fletcher School at Tufts University. Ambas- crease diversity on the Fourth Circuit where. The attacks on the U.S. of 9/11 sador Gullion described public diplomacy as with the confirmation of Judge James demonstrate the new challenge we face the way sovereign nations openly and trans- Wynn before our August recess. I am by the forces of ignorance and intoler- parently communicate their ideas, culture, pleased that 4 out of the 15 judges on ance that seek the destruction of our and values to people of other countries. country. Public diplomacy has become an essential the Fourth Circuit—about one-quarter component of U.S. foreign policy. The Obama of the court—are now African Amer- Today I include in the record an in- Administration has sought increases in pub- ican. And I am also pleased that in sightful essay that I will share with lic diplomacy funding. The current Under 2007, for the first time in history, a the members of the Senate Foreign Re- Secretary of State for Public Diplomacy and woman served as chief judge of the lations Committee about the critical Public Affairs, Judith McHale, recently un- Fourth Circuit. Until a vacancy oc- role of public diplomacy in building veiled ‘‘The Strategic Plan for Public Diplo- curred last year, women made up 3 out bridges of good will for the United macy for America in the 21st Century.’’ Despite bipartisan support for public diplo- of the 15 judges on the Fourth Circuit, States. The author is Richard Soudriette, the president of the Center macy, the image of the U.S. continues to or one-fifth of the court. I look forward lose ground in many parts of the globe. Our to further increasing the diversity of for Diplomacy and Democracy in Colo- image problem in many countries is docu- the Fourth Circuit in the future. rado Springs, CO. Mr. Soudriette is the mented by the work of the Pew Charitable With the nomination of Judge Diaz, founding president of the International Trusts Global Image Project. Some respected the Senate has another opportunity to Foundation for Electoral Systems, organizations such as the Council on Foreign increase diversity on the Fourth Cir- IFES, which has promoted free and fair Relations have focused on the failings of our cuit. Judge Diaz is the first Latino elections in over 120 countries. public diplomacy apparatus. The morphing judge to ever sit on the Fourth Circuit I have a long and personal history of the United States Information Agency with Richard as he was my chief of into the State Department during the Clin- in its history. ton Administration is identified as a major Judge Albert Diaz also comes to the staff in my office as mayor of Tulsa. cause for deficiencies in our public diplo- Senate with a broad range of both judi- Since then, he went on to be the found- macy efforts. The Council on Foreign Rela- cial and legal experience in both the ci- ing president of the International tions has offered recommendations to the vilian and military court systems. Foundation for Electoral System, State Department to fix our public diplo- Judge Diaz currently serves as a spe- IFES, which has promoted free and fair macy, but these will require time and fund- cial superior court judge for complex elections in over 120 countries. Richard ing to implement. business cases, one of only three in and I share the same heart for Africa The State Department already has the and the same vision for developing means to improve our public diplomacy out- North Carolina. reach to the world. For example, the State Judge Diaz began his legal career in countries around the world; that they Department should make certain that am- the U.S. Marine Corps legal services continue to move towards self-suffi- bassadors and foreign service officers are support section, where he served as a ciency and become thriving economic fully briefed on the State Department’s pub- prosecutor, defense counsel, and ulti- nations. lic diplomacy strategic plan before they are

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 21, 2010 CONGRESSIONAL RECORD — SENATE S10927 posted abroad. Also, it should be made clear International visitor programs play a key ADDITIONAL STATEMENTS that a major part of their duties will be to role in successful public diplomacy. For assist the Secretary of State in imple- nearly sixty years, the State Department menting the plan. has funded visits by thousands of inter- MISSOURI 2009 MALCOLM Foreign service officers provide an imme- national visitors to acquaint them with our BALDRIGE AWARD RECIPIENTS diate opportunity for the U.S. to engage in country. Often, these visitors eventually be- ∑ effective public diplomacy. In 2008, the come leaders in their countries. The Presi- Mrs. MCCASKILL. Madam President, United States Advisory Commission on Pub- dent of France, Nicolas Sarkozy, traveled to I think that every Senator is under- lic Diplomacy issued a report entitled ‘‘Get- the U.S. in 1985 on a State Department spon- standably proud of their own State, but ting the People Part Right: A Report on the sored trip. Today he is regarded as one of the today I have special reason to be proud Human Resources Dimension of Public Di- most pro-U.S. leaders in France. of Missouri. Just last week, Vice Presi- plomacy.’’ This report highlights the public The State Department’s Bureau of Edu- dent BIDEN awarded the 2009 Malcolm diplomacy void that has existed since 1999 cational and Cultural Affairs funds most of when the United States Information Agency Baldrige National Quality Awards to the government sponsored international vis- was eliminated and its functions were five different companies and three of itor and scholarship programs. The bureau merged into the State Department. The re- those five companies hailed from the has rules in place stipulating that prime con- port states that most foreign service officers great State of Missouri. The Baldrige tractors and grantees for State Department fail to grasp the importance of public diplo- funds must be in existence for a minimum of Award recognizes only the highest per- macy, and at best, they merely pay lip serv- four years. These rules stifle innovative pro- forming companies in the U.S. in terms ice to it. The report also discusses the lack gramming by new organizations and inhibit of quality and performance, and the of recruitment of U.S. diplomats with the ap- the ability of community based groups be- fact that three out of the five awards propriate people skills for public diplomacy. yond the Capital Beltway to access funding. went to Missouri companies is a testa- The report cites the need for more training for our diplomats so that they might have For most international visitor programs, ment to the spirit and work ethics of the knowledge and the skills to effectively the State Department contracts with the Missourians. interact with people from other countries. same large East Coast organizations. These Heartland Health is a health system Newly hired foreign service officers fre- organizations rely on a patchwork of com- based in St. Joseph, MO, that has an quently work at U.S. Consulates processing munity based groups across the U.S. to orga- extraordinary commitment to improv- visa applications for persons wishing to trav- nize meaningful professional, educational, ing their patients’ health rather than el to the U.S. This is a high stress job and it and cultural programs for international visitors. Unfortunately, these East Coast organi- just treating patients’ sicknesses, as is demands that they possess strong inter- all too often seen in the healthcare personal skills. While serving as the director zations pass on very little, if any, funding to of the Peace Corps program in the Domini- communities that have agreed to receive community. The staff at Heartland can Republic, I frequently heard anecdotes international visitors. Hosting of inter- Health recognizes that while providing from Dominicans who had received rude national visitors relies on local volunteers world-class treatment for acute ill- treatment when seeking visas at the U.S. and in-kind support. The lack of financial re- nesses is vital, it is equally important Consulate. While the visa application process sources at the local level results in a huge to understand why individuals become requires extensive screening, all visa appli- disparity in the quality of programming that ill, and they do everything possible to international visitors receive. cants should receive prompt and courteous prevent those patients from ever need- service. U.S. diplomats who engage in arro- Some communities like Tulsa, Oklahoma ing hospital care in the first place. gant behavior towards visa applicants create do a superb job in organizing and managing ill will and plant seeds of hatred towards international visitor programs. Since 1995, Their mission is: ‘‘To improve the America. the Tulsa Global Alliance has provided excel- health of individuals and communities Another aspect of public diplomacy that lent programs in this area. Tulsa has devel- located in the Heartland Health region needs attention is the manner in which offi- oped an organizational model that relies on and provide the right care, at the right cers of the Bureau of Customs and Border a mix of professional and volunteer support. time, in the right place, at the right Protection receive and process arriving The Tulsa program has been successful in de- cost with outcomes second to none.’’ international visitors. Since the events of veloping a broad funding base that provides This is not just a catchy slogan, but in- 2001, the work of Customs and Border Protec- more than $400,000 per year for international stead it is a commitment that has tion officers has become more stressful and visitor activities. Funding comes from cor- challenging. While most officers perform porations, individual donors, foundations, yielded results. Heartland Health is well, there are some who do not receive program fees, and limited grants from the among the top 15 percent of all U.S. international visitors with courtesy. Cus- State Department. hospitals in patient safety; they have toms and Border Protection officers play a It is recommended that the State Depart- achieved 90 percent patient satisfac- huge public diplomacy role. When officers ment modify its rules for funding inter- tion, and they have done all this while are surly, they offend international visitors national visitor programs. Contracts for at the same time saving millions of to the United States. large organizations should require that they dollars by realizing efficiencies. As our The Bureau of Customs and Border Protec- provide grants of at least 25 percent of their entire country struggles with providing tion should incorporate customer service total project budgets to be passed on to training into its curriculum for all per- quality healthcare at affordable prices, international visitor committees at the local I invite anyone to visit the ‘‘Show Me’’ sonnel. When developing this training, it level. This funding will help provide needed would be wise to tap the experience of com- resources to ensure that high quality pro- State, where Heartland Health stands panies like the Disney Corporation which grams are offered to international visitors. as an example for how a commitment has a track record of receiving throngs of The public diplomacy implications of these to quality can yield the best care avail- people with respect and courtesy. Courteous international visitor programs are too im- able affordably. They have been appro- treatment upon arrival in our Nation can portant not to have sufficient funding. priately recognized with the Malcolm pay dividends by promoting a positive image of the United States. The Bureau of Educational and Cultural Baldrige National Quality Award, join- The State Department and the U.S. Agen- Affairs of the State Department should give ing a select group of companies that cy for International Development (USAID) priority to funding small and newly estab- are the best of the best, and I applaud can achieve immediate impact in public di- lished organizations engaged in inter- Heartland Health and all of the great plomacy by requiring all contractors and national visitor programs. The Bureau should be encouraged to make available up men and women who make up its team grantees to incorporate public diplomacy as- for their achievement and their work. pects into their work. USAID utilizes many to 25 percent of its budget for international visitor programs to small and newly estab- Honeywell Federal Manufacturing & for-profit and not-for-profit organizations to Technologies in Kansas City, MO, plays provide services in areas such as democracy, lished organizations. This new approach economic development, governance, health, would open the door for communities across an integral role in the underappre- public works, and rule of law. All organiza- America to develop their own capacity to ciated work of keeping our Nation’s tions that undertake work abroad on behalf implement high quality international visitor nuclear arsenal in working order. The of USAID have an important public diplo- programs. The end goal would be that each Kansas City Plant works to provide the macy responsibility. international visitor would have a fulfilling National Nuclear Security Administra- experience in the U.S. USAID should require grantees and con- tion with electrical, mechanical and tractors, whenever feasible, to hire project The security of America and the future of material components manufactured to managers who speak the language of the our democracy demand more commitment to country where they are working. Personnel public diplomacy. To keep America safe and exacting quality specifications to help working abroad on USAID funded projects to protect our values, ideals, and principles, meet key national security objectives. should undergo orientation training about we must build bridges of understanding with Honeywell Federal Manufacturing & local culture and customs. people across the globe. Technologies uses a Six Sigma Plus

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S10928 CONGRESSIONAL RECORD — SENATE December 21, 2010 Continuous Improvement Model and it 2009 Malcolm Baldrige National Qual- S. 3874. An act to amend the Safe Drinking has resulted in an unmatched level of ity Award. I look forward to seeing Water Act to reduce lead in drinking water. customer satisfaction. Honeywell has what these companies and their em- H.R. 628. An act to establish a pilot program in certain United States district courts also been a key partner in the transi- ployees accomplish next. I know it will ∑ to encourage enhancement of expertise in tion to the new state-of-the-art Kansas be something great. patent cases among district judges. City Responsive Infrastructure, Manu- f H.R. 4973. An act to amend the Fish and facturing and Sourcing, KCRIMS, facil- Wildlife Act of 1956 to reauthorize volunteer ity, which officially broke ground in TRIBUTE TO DR. ANTHONY programs and community partnerships for September. They have been a steward CERNERA national wildlife refuges, and for other purposes. in ensuring safety, quality and effi- ∑ Mr. LIEBERMAN. Madam President, ciency in all areas of their work, espe- today I recognize the tremendous work The enrolled bills were subsequently cially with respect to the production of of Dr. Anthony Cernera, a good friend signed by the President pro tempore the nonnuclear components for the Na- and the very accomplished president of (Mr. INOUYE). tion’s nuclear weapons with NNSA. Sacred Heart University in Fairfield, ENROLLED BILLS SIGNED Honeywell’s outstanding work has also CT. After 22 years of distinguished At 12:27 p.m., a message from the provided an essential foundation for a service to the Sacred Heart commu- House of Representatives, delivered by continued partnership at the new nity, Tony is moving on to pursue new Mr. Novotny, one of its reading clerks, KCRIMS facility and the company’s and different opportunities in Catholic announced that the Speaker has signed ongoing role as a strong member of the education and beyond. the following enrolled bills: local Kansas City community. I am Since 1988, Dr. Cernera has led Sacred H.R. 1107. An act to enact certain laws re- deeply proud of the work the men and Heart with purpose and grace as he lating to public contracts as title 41, United women on the Honeywell team carry helped to fulfill the college’s mission of States Code, ‘‘Public Contracts’’. out at the Kansas City Plant and of its H.R. 6473. An act to amend the Internal preparing its students to be contrib- central importance to our Nation’s na- Revenue Code of 1986 to extend the funding uting members of the global commu- tional security and I could not be more and expenditure authority of the Airport and nity. He expanded this noble mission pleased to see them recognized for Airway Trust Fund, to amend title 49, United by increasing the school’s reach and States Code, to extend the airport improve- their work with this preeminent award. ment program, and for other purposes. MidwayUSA is a family-owned busi- the opportunities it offers, all while preserving the rich Catholic intellec- H.R. 6510. An act to direct the Adminis- ness located in Columbia, MO, that has trator of General Services to convey a parcel been providing shooting, hunting and tual tradition that forms its identity. He helped transform Sacred Heart from of real property in Houston, Texas, to the reloading supplies for over 30 years. Military Museum of Texas, and for other The company, started by Larry a small commuter school serving Fair- purposes. Potterfield and his wife Brenda, exem- field and the neighboring community H.R. 6533. An act to implement the rec- plifies the ‘‘Made in America’’ motto into a vibrant residential university, ommendations of the Federal Communica- tions Commission report to the Congress re- by employing hundreds of Missourians introducing new and innovative degree programs and course offerings to keep garding low-power FM service, and for other who are themselves passionate about purposes. hunting and shooting, two activities pace with an ever-changing world. The The enrolled bills were subsequently that are centerpieces of Missouri’s rich progress he achieved helped advance a signed by the President pro tempore sportsman culture. The passion of value-driven education that will enrich (Mr. INOUYE). Larry and Brenda shows in the quality the lives of all who receive it. Dr. Cernera embodies the many deep- of the work of their entire team. At 12:47 p.m., a message from the MidwayUSA has earned 98 percent cus- ly held values that Sacred Heart es- pouses. He does not see the world House of Representatives, delivered by tomer retention, and a 93 percent cus- Mr. Novotny, one of its reading clerks, tomer satisfaction rating, both re- around him for what it is, but instead for what it can be. Where he sees prom- announced that the House has passed markable achievements. While the following bills, without amend- MidwayUSA has progressed over time ise, he leads through action. With the creation in 1992 of the Center for Chris- ment: from taking orders by mail, then S. 118. An act to amend section 202 of the phone, and now via the internet, one tian-Jewish Understanding of Sacred Heart University, Dr. Cernera has Housing Act of 1959, to improve the program thing that has not changed is its misunder such section for supportive housing for sion, ‘‘To be the best-run business in striven for a world of greater interreli- the elderly, and for other purposes. America, for the benefit of our Cus- gious dialogue, understanding and re- S. 1481. An act to amend section 811 of the tomers.’’ They are doing a great job ac- spect. As President of the Inter- Cranston-Gonzalez National Affordable complishing just this. In pursuit of national Federation of Catholic Uni- Housing Act to improve the program under versities, a federation of over 200 such section for supportive housing for per- that goal they have become ISO 9000 sons with disabilities. certified, won the Missouri Quality Catholic educational institutions ENROLLED BILL SIGNED Award for Performance Excellence, and around the world, Dr. Cernera has led At 3:10 p.m., a message from the now they have been recognized with at a global level, spreading the faith House of Representatives, delivered by the 2009 Malcolm Baldrige National and values that define his life’s work. Mrs. Cole, one of its reading clerks, an- Quality Award. In growing from noth- In a world too rife with conflict and nounced that the Speaker has signed ing more than a simple idea to one of distrust, he has been a model member the following enrolled bill: the leading shooting supply retailers, of the global community. MidwayUSA has shown what dedica- Dr. Cernera leaves behind a lasting H.R. 2965. An act to amend the Small Busi- ness Act with respect to the Small Business tion to quality and performance, cou- legacy at Sacred Heart University, with an impact that reaches far beyond Innovation Research Program and the Small pled with building an exceptionally Business Technology Transfer Program, and committed, dedicated and skilled the halls on campus and that will touch many lives for a long time to for other purposes. workforce, can produce in a business. I The enrolled bill was subsequently would like to congratulate the entire come. I wish him and his wife Ruth my very best as they embark on the next signed by the President pro tempore MidwayUSA team on their success. ∑ (Mr. INOUYE). These three companies, which are not great chapter of their lives. just among Missouri’s finest, but, as we f At 5:15 p.m., a message from the now know, among our Nation’s very MESSAGES FROM THE HOUSE House of Representatives, delivered by best, have so much to be proud of. They Mr. Novotny, one of its reading clerks, embody the ‘‘Show Me’’ spirit when it ENROLLED BILLS SIGNED announced that the House has passed comes to showing how a business At 11:23 a.m., a message from the the following bill, in which it requests should operate. Congratulations Heart- House of Representatives, delivered by the concurrence of the Senate: land Health, Honeywell Federal Manu- Mrs. Cole, one of its reading clerks, an- H.R. 6540. An act to require the Secretary facturing & Technologies in Kansas nounced that the Speaker has signed of Defense, in awarding a contract for the City and MidwayUSA on winning the the following enrolled bills: KC-X Aerial Refueling Aircraft Program, to

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 21, 2010 CONGRESSIONAL RECORD — SENATE S10929 consider any unfair competitive advantage the Speaker appoints the following Mr. Novotny, one of its reading clerks, that an offeror may possess. member on the part of the House of announced that the Speaker has signed The message also announced that the Representatives to the National Com- the following enrolled bills: House agrees to the amendment of the mittee on Vital and Health Statistics S. 118. An act to amend section 202 of the Senate to the bill (H.R. 2142) to require for a term of 4 years: Dr. Vickie M. Housing Act of 1959, to improve the program quarterly performance assessments of Mays of Los Angeles, California. under such section for supportive housing for Government programs for purposes of the elderly, and for other purposes. assessing agency performance and im- At 7:09 p.m., a message from the S. 1481. An act to amend section 811 of the Cranston-Gonzalez National Affordable provement, and to establish agency House of Representatives, delivered by Mr. Novotny, one of its reading clerks, Housing Act to improve the program under performance improvement officers and such section for supportive housing for per- the Performance Improvement Council. announced that the House has passed sons with disabilities. The message further announced that the following bills, without amend- H.R. 81. An act to amend the High Seas the House agrees to the amendments of ment: Driftnet Fishing Moratorium Protection Act the Senate to the bill (H.R. 2751) to ac- S. 3243. An act to require U.S. Customs and and the Magnuson-Stevens Fishery Con- celerate motor fuel savings nationwide Border Patrol to administer polygraph ex- servation and Management Act to improve and provide incentives to registered aminations to all applicants for law enforce- the conservation of sharks. ment positions with U.S. Customs and Bor- f owners of high polluting automobiles der Protection, to require U.S. Customs and to replace such automobiles with new Border Protection to initiate all periodic REPORTS OF COMMITTEES fuel efficient and less polluting auto- background reinvestigations of certain law The following reports of committees mobiles. enforcement personnel, and for other pur- were submitted: The message also announced that the poses. S. 3592. An act to designate the facility of By Mr. ROCKEFELLER, from the Com- House agrees to the amendment of the mittee on Commerce, Science, and Transpor- Senate to the bill (H.R. 5116) to invest the United States Postal Service located at 100 Commerce Drive in Tyrone, Georgia, as tation: in innovation through research and de- Report to accompany S. 2889, a bill to reau- the ‘‘First Lieutenant Robert Wilson Collins thorize the Surface Transportation Board, velopment, to improve the competi- Post Office Building’’. tiveness of the United States, and for and for other purposes (Rept. No. 111–380). The message also announced that the other purposes. Report to accompany S. 3302, a bill to House has passed the following bill, amend title 49, United States Code, to estab- The message further announced that with an amendment: lish new automobile safety standards, make the House agrees to the amendments of better motor vehicle safety information the Senate to the bill (H.R. 5809) to S. 2925. An act to establish a grant program to benefit victims of sex trafficking, available to the National Highway Traffic amend the Controlled Substances Act and for other purposes. Safety Administration and the public, and to provide for take-back disposal of for other purposes (Rept. No. 111–381). ENROLLED BILLS SIGNED controlled substances in certain in- Report to accompany S. 3566, a bill to au- At 7:20 p.m., a message from the stances, and for other purposes. thorize certain maritime programs of the De- House of Representatives, delivered by partment of Transportation, and for other At 6:00 p.m., a message from the Mr. Novotny, one of its reading clerks, purposes (Rept. No. 111–382). House of Representatives, delivered by announced that the Speaker has signed By Mr. KERRY, from the Committee on the following enrolled bills: Foreign Relations, with an amendment in Mr. Novotny, one of its reading clerks, the nature of a substitute: H.R. 1746. An act to amend the Robert T. announced that the House agrees to S. 1633. A bill to require the Secretary of Stafford Disaster Relief and Emergency As- the amendment of the Senate to the Homeland Security, in consultation with the sistance Act to reauthorize the pre-disaster bill (H.R. 81) to amend the High Seas Secretary of State, to establish a program to mitigation program of the Federal Emer- issue Asia-Pacific Economic Cooperation Driftnet Fishing Moratorium Protec- gency Management Agency. Business Travel Cards, and for other pur- tion Act and the Magnuson-Stevens H.R. 4748. An act to amend the Office of poses. Fishery Conservation and Management National Drug Control Policy Reauthoriza- S. 2982. A bill to combat international vio- tion Act of 2006 to require a northern border Act to improve the conservation of lence against women and girls. sharks. counternarcotics strategy, and for other pur- S. 3798. A bill to authorize appropriations The message also announced that the poses. of United States assistance to help eliminate H.R. 6412. An act to amend title 28, United House agrees to the amendment of the conditions in foreign prisons and other de- States Code, to require the Attorney General tention facilities that do not meet minimum Senate to the bill (H.R. 1746) to amend to share criminal records with State sen- human standards of health, sanitation, and the Robert T. Stafford Disaster Relief tencing commissions, and for other purposes. and Emergency Assistance Act to reau- safety, and for other purposes. The enrolled bills were subsequently By Mr. KERRY, from the Committee on thorize the pre-disaster mitigation pro- signed by the President pro tempore Foreign Relations, with an amendment in gram of the Federal Emergency Man- (Mr. INOUYE). the nature of a substitute and an amendment agement Agency. to the title and with an amended preamble: The message further announced that At 7:49 p.m., a message from the S.J. Res. 37. A joint resolution calling upon the House agrees to the amendment of House of Representatives, delivered by the President to issue a proclamation recog- the Senate to the bill (H.R. 4748) to Mr. Novotny, one of its reading clerks, nizing the 35th anniversary of the Helsinki amend the Office of National Drug Con- Final Act. announced that the House has agreed By Mr. KERRY, from the Committee on trol Policy Reauthorization Act of 2006 to the amendment of the Senate to the Foreign Relations, with an amendment in to require a northern border counter- amendment of the House to the amend- the nature of a substitute and with an narcotics strategy, and for other pur- ment of the Senate to the bill (H.R. amended preamble: poses. 3082) making appropriations for mili- S. Con. Res. 71. A concurrent resolution The message also announced that tary construction, the Department of recognizing the United States national inter- pursuant to section 5605 of the Patient Veterans Affairs, and related agencies est in helping to prevent and mitigate acts of Protection and Affordable Care Act for the fiscal year ending September 30, genocide and other mass atrocities against (Public Law 111–148), and the order of civilians, and supporting and encouraging ef- 2010, and for other purposes. forts to develop a whole of government ap- the House of January 6, 2009, the ENROLLED BILL SIGNED proach to prevent and mitigate such acts. Speaker appoints the following mem- The message also announced that the f bers on the part of the House of Rep- Speaker has signed the following en- resentatives to the Commission on Key rolled bill: INTRODUCTION OF BILLS AND JOINT RESOLUTIONS National Indicators: Dr. Stephen H.R. 3082. An act making appropriations Heintz of New York, New York, and Dr. for military construction, the Department of The following bills and joint resolu- Marta Tienda of Princeton, New Jer- Veterans Affairs, and related agencies for tions were introduced, read the first sey. the fiscal year ending September 30, 2010, and and second times by unanimous con- The message further announced that for other purposes. sent, and referred as indicated: pursuant to section 306(k) of the Health ENROLLED BILLS SIGNED By Mr. CARDIN: Service Act (42 U.S.C. 242k), and the At 9:05 p.m., a message from the S. 4051. A bill to improve, modernize, and order of the House of January 6, 2009, House of Representatives, delivered by clarify the espionage statutes contained in

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S10930 CONGRESSIONAL RECORD — SENATE December 21, 2010 chapter 37 of title 18, United States Code, to AMENDMENT NO. 4904 classified by the Executive branch promote Federal whistleblower protection At the request of Mr. CORKER, the today. statutes and regulations, to deter unauthor- name of the Senator from Tennessee Legal scholars and commentators ized disclosures of classified information, (Mr. ALEXANDER) was added as a co- have criticized the current framework, and for other purposes; to the Committee on sponsor of amendment No. 4904 pro- and over the years, some federal courts the Judiciary. posed to Treaty Doc. 111–5, treaty be- have as well. In 2006, after reviewing f tween the United States of America the many developments in the law and ADDITIONAL COSPONSORS and the Russian Federation on Meas- changes in society that had taken place since the enactment of the espio- S. 619 ures for the Further Reduction and nage statutes, one district court judge At the request of Mrs. FEINSTEIN, the Limitation of Strategic Offensive name of the Senator from California Arms, signed in Prague on April 8, 2010, stated that ‘‘the time is ripe for Con- gress’’ to reexamine them. United States (Mrs. BOXER) was added as a cosponsor with Protocol. v. Rosen, 445 F. Supp. 2d 602, 646 E.D. of S. 619, a bill to amend the Federal AMENDMENT NO. 4913 Va. 2006, Ellis, J. Nearly 20 years ear- Food, Drug, and Cosmetic Act to pre- At the request of Mr. LIEBERMAN, the lier in the Morison case, one federal ap- serve the effectiveness of medically im- name of the Senator from Tennessee (Mr. CORKER) was added as a cosponsor pellate judge stated that ‘‘[i]f one thing portant antibiotics used in the treat- is clear, it is that the Espionage Act ment of human and animal diseases. of amendment No. 4913 intended to be proposed to Treaty Doc. 111–5, treaty statutes as now broadly drawn are un- S. 3424 wieldy and imprecise instruments for At the request of Mr. DURBIN, the between the United States of America and the Russian Federation on Meas- prosecuting government ‘leakers’ to names of the Senator from California the press as opposed to government ures for the Further Reduction and (Mrs. BOXER) and the Senator from ‘moles’ in the service of other coun- Limitation of Strategic Offensive Rhode Island (Mr. REED) were added as tries.’’ That judge also stated that Arms, signed in Prague on April 8, 2010, cosponsors of S. 3424, a bill to amend ‘‘carefully drawn legislation’’ was a with Protocol. the Animal Welfare Act to provide fur- ‘‘better long-term resolution’’ than ju- ther protection for puppies. f dicial intervention. See United States v. S. 3914 STATEMENTS ON INTRODUCED Morison, 844 F.2d 1057, 1086, 4th Cir. At the request of Mrs. MURRAY, the BILLS AND JOINT RESOLUTIONS 1988. name of the Senator from New Mexico As Chairman of the Senate Judi- By Mr. CARDIN: (Mr. UDALL) was added as a cosponsor ciary’s Terrorism and Homeland Secu- S. 4051. A bill to improve, modernize, of S. 3914, a bill to amend title VIII of rity Subcommittee, I chaired a Sub- and clarify the espionage statutes con- the Elementary and Secondary Edu- committee hearing on May 12, 2010, en- tained in chapter 37 of title 18, United cation Act of 1965 to require the Sec- titled ‘‘The Espionage Statutes: A States Code, to promote Federal whis- retary of Education to complete pay- Look Back and A Look Forward.’’ At tleblower protection statutes and regu- ments under such title to local edu- that Subcommittee hearing, I ques- lations, to deter unauthorized disclo- cational agencies eligible for such pay- tioned a number of witnesses, which in- sures of classified information, and for ments within 3 fiscal years. cluded witnesses from academia as well other purposes; to the Committee on as former officials from the intel- S.J. RES. 37 the Judiciary. At the request of Mr. CARDIN, the ligence and law enforcement commu- Mr. CARDIN. Mr. President, the cur- nities, about how well the espionage name of the Senator from Delaware rent framework concerning the espio- (Mr. COONS) was added as a cosponsor statutes have been working. Since that nage statutes was designed to address hearing, I have been closely and care- of S.J. Res. 37, a joint resolution call- classic spy cases involving persons who ing upon the President to issue a proc- fully reviewing these statutes, particu- intended to aid foreign governments larly in the context of recent events. I lamation recognizing the 35th anniver- and harm the United States. The cur- sary of the Helsinki Final Act. am now convinced that changes in rent framework traces its roots to the technology and society, combined with S. CON. RES. 71 Espionage Act of 1917, which made it a statutory and judicial changes to the At the request of Mr. FEINGOLD, the crime to disclose defense information name of the Senator from Delaware law, have rendered some aspects of our during wartime. The basic idea behind espionage laws less effective than they (Mr. COONS) was added as a cosponsor the legislation, which was upheld by need to be to protect the national secu- of S. Con. Res. 71, a concurrent resolu- the U.S. Supreme Court as constitu- rity. I also believe that we need to en- tion recognizing the United States national in 1919, was to stop citizens from hance our ability to prosecute spies as tional interest in helping to prevent spying or interfering with military ac- well as those who make unauthorized and mitigate acts of genocide and other tions during World War I. The current disclosures of classified information if mass atrocities against civilians, and framework was formed at a time when we add to the existing statutes. We supporting and encouraging efforts to intelligence and national security in- don’t need an Official State Secrets develop a whole of government ap- formation existed primarily in some Act, and we must be careful not to proach to prevent and mitigate such tangible form, such as blueprints, pho- chill protected First Amendment ac- acts. tographs, maps, and other documents. tivities. We do, however, need to do a S. RES. 680 Our Nation, however, has witnessed better job of preventing unauthorized At the request of Mr. KERRY, the dramatic changes to nearly every facet disclosures of classified information name of the Senator from Delaware of our lives over the last 100 years, in- that can harm the United States, and (Mr. COONS) was added as a cosponsor cluding technological advances which at the same time we need to ensure of S. Res. 680, a resolution supporting have revolutionized our information that public debates continue to take international tiger conservation efforts gathering abilities as well as the medi- place on important national security and the upcoming Global Tiger Sum- ums utilized to communicate such in- and foreign policy issues. mit in St. Petersburg, Russia. formation. Yet, the basic terms and As a result, I am introducing the Es- AMENDMENT NO. 4851 structure of the espionage statutes pionage Statutes Modernization Act, At the request of Mr. SESSIONS, the have remained relatively unchanged ESMA, of 2010. This legislation makes name of the Senator from Oklahoma since their inception. Moreover, issues important improvements to the espio- (Mr. INHOFE) was added as a cosponsor have arisen in the prosecution and de- nage statutes to make them more ef- of amendment No. 4851 intended to be fense of criminal cases when the stat- fective and relevant in the 21st cen- proposed to Treaty Doc. 111–5, treaty utes have been applied to persons who tury. This legislation is narrowly-tai- between the United States of America may be disclosing classified informa- lored and balanced, and will enable the and the Russian Federation on Meas- tion for purposes other than to aid a government to use a separate criminal ures for the Further Reduction and foreign government or to harm the statute to prosecute government em- Limitation of Strategic Offensive United States. In addition, the statutes ployees who make unauthorized disclo- Arms, signed in Prague on April 8, 2010, contain some terms which are outdated sures of classified information in viola- with Protocol. and do not reflect how information is tion of the nondisclosure agreements

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 21, 2010 CONGRESSIONAL RECORD — SENATE S10931 they have entered, irrespective of (7) Congress can deter unauthorized disclo- the Classified Information Procedures Act whether they intend to aid a foreign sures of classified information and thereby (18 U.S.C. App.); government or harm the United States. protect the national security by— ‘‘(2) the term ‘foreign power’ has the mean- (A) enacting laws that improve, modernize, ing given the term in section 101 of the For- This legislation is not designed to and clarify the espionage statutes and make eign Intelligence Surveillance Act of 1978 (50 make it easier for the government to the espionage statutes more relevant and ef- U.S.C. 1801); and prosecute the press, to chill First fective in the 21st century in the prosecution ‘‘(3) the term ‘national security’ has the Amendment freedoms, or to make it of persons working on behalf of foreign pow- meaning given the term in section 1 of the more difficult to expose government ers; Classified Information Procedures Act (18 wrongdoing. In fact, the proposed legis- (B) promoting Federal whistleblower pro- U.S.C. App.).’’. lation promotes the use of Federal tection statutes and regulations to enable (b) TECHNICAL AND CONFORMING AMEND- whistleblower statutes and regulations Government officers, employees, contrac- MENT.—The table of section for chapter 37 of tors, or consultants to report unlawful and title 18, United States Code, is amended— to report unlawful and other improper improper conduct; and (1) by striking the item relating to section conduct. Unauthorized leaks of classi- (C) enacting laws that separately punish 793 and inserting the following: fied information, however, are harmful the unauthorized disclosure of classified in- ‘‘793. Gathering, transmitting, or losing na- to the national security and could en- formation by Government officers, employ- tional security information.’’; ees, contractors, or consultants who know- danger lives. Thus, in addition to pro- (2) by striking the item relating to section ingly and intentionally violate a classified posing important refinements to the 794 and inserting the following: information nondisclosure agreement, irre- espionage statutes, this legislation will ‘‘794. Gathering or delivering national secu- deter unauthorized leaks of classified spective of whether the officers, employees, contractors, or consultants intend to aid a rity information to aid foreign information by government employees foreign power or harm the United States. powers.’’; who knowingly and intentionally vio- SEC. 3. CRIMES. and late classified information nondisclo- (a) IN GENERAL.—Chapter 37 of title 18, (3) by adding at the end the following: sure agreements. United States Code, is amended— ‘‘800. Definitions.’’. Mr. President, I ask unanimous con- (1) in section 793— SEC. 4. VIOLATION OF CLASSIFIED INFORMATION sent that the text of the bill be printed (A) in the section heading, by striking ‘‘OR NONDISCLOSURE AGREEMENT. ’’ and in- in the RECORD. LOSING DEFENSE INFORMATION (a) IN GENERAL.—Chapter 93 of title 18, serting ‘‘OR, LOSING NATIONAL SECURITY United States Code, is amended by adding at There being no objection, the text of INFORMATION’’; the end the following: the bill was ordered to be printed in (B) by striking ‘‘the national defense’’ each ‘‘§ 1925. Violation of classified information the RECORD, as follows: place it appears and inserting ‘‘national se- nondisclosure agreement curity’’; S. 4051 ‘‘(a) DEFINITIONS.—In this section— (C) by striking ‘‘foreign nation’’ each place Be it enacted by the Senate and House of ‘‘(1) the term ‘classified information’ has it appears and inserting ‘‘foreign power’’; Representatives of the United States of America the meaning given the term in section 1 of (D) in subsection (b), by inserting ‘‘classi- in Congress assembled, the Classified Information Procedures Act fied information, or other’’ before ‘‘sketch’’; (18 U.S.C. App.); and SECTION 1. SHORT TITLE. (E) in subsection (c), by inserting ‘‘classi- ‘‘(2) the term ‘covered individual’ means an This Act may be cited as the ‘‘The Espio- fied information, or other’’ before ‘‘docu- officer, employee, contractor, or consultant nage Statutes Modernization Act of 2010’’. ment’’; of an agency of the Federal Government (F) in subsection (d), by inserting ‘‘classi- SEC. 2. FINDINGS. who, by virtue of the office, employment, po- fied information, or other’’ before ‘‘docu- Congress finds the following: sition, or contract held by the individual, ment’’; (1) As of 2010, the statutory framework knowingly and intentionally agrees to be le- (G) in subsection (e), by inserting ‘‘classi- with respect to the espionage statutes is a gally bound by the terms of a classified in- fied information, or other’’ before ‘‘docu- compilation of statutes that began with Act formation nondisclosure agreement. ment’’; of June 15, 1917 (40 Stat. 217, chapter ‘‘(b) OFFENSE.— (H) in subsection (f), by inserting ‘‘classi- 30)(commonly known as the ‘‘Espionage Act ‘‘(1) IN GENERAL.—Except as otherwise proof 1917’’), which targeted classic espionage fied information,’’ before ‘‘document’’; and vided in this section, it shall be unlawful for cases involving persons working on behalf of (I) in subsection (h)(1), by striking ‘‘foreign a covered individual to intentionally dis- foreign nations. government’’ and inserting ‘‘foreign power’’; close, deliver, communicate, or transmit (2) The statutory framework was formed at (2) in section 794— classified information, without the author- a time when intelligence and national secu- (A) in the section heading, by striking ization of the head of the Federal agency, or rity information existed primarily in a tan- ‘‘GATHERING’’ and all that follows and in- an authorized designee, knowing or having gible form, such as blueprints, photographs, serting ‘‘GATHERING OR DELIVERING NA- reason to know that the disclosure, delivery, maps, and other documents. TIONAL SECURITY INFORMATION TO AID communication, or transmission of the clas- (3) Since 1917, the United States has wit- FOREIGN POWERS’’; and sified information is a violation of the terms nessed dramatic changes in intelligence and (B) in subsection (a)— of the classified information nondisclosure national security information, including (i) by striking ‘‘foreign nation’’ and insert- agreement entered by the covered individual. ing ‘‘foreign power’’; technological advances that have revolution- ‘‘(2) PENALTY.—A covered individual who ized information gathering abilities as well (ii) by striking ‘‘foreign government’’ and violates paragraph (1) shall be fined under as the mediums used to communicate such inserting ‘‘foreign power’’; this title, imprisoned for not more than 5 information. (iii) by inserting ‘‘classified information,’’ years, or both. before ‘‘document’’; (4) Some of the terms used in the espionage ‘‘(c) WHISTLEBLOWER PROTECTION.—The dis- statutes are obsolete and the statutes do not (iv) by striking ‘‘the national defense’’ and closure, delivery, communication, or trans- fully take into account the classification inserting ‘‘national security’’; and mission of classified information by a cov- levels that apply to national security infor- (v) by striking ‘‘(as defined in section ered individual in accordance with a Federal mation in the 21st century. 101(a) of the Foreign Intelligence Surveil- whistleblower protection statute or regula- (5) In addition, the statutory framework lance Act of 1978)’’; tion applicable to the Federal agency of was originally designed to address classic es- (3) in section 795(a), by striking ‘‘national which the covered individual is an officer, pionage cases involving persons working on defense’’ and inserting ‘‘national security’’; employee, contractor, or consultant shall behalf of foreign nations. However, the na- (4) in section 798— not be a violation of subsection (b)(1). tional security of the United States could be (A) in subsection (a), by striking ‘‘foreign ‘‘(d) REBUTTABLE PRESUMPTION.—For pur- harmed, and lives may be put at risk, when government’’ each place it appears and in- poses of this section, there shall be a rebut- a Government officer, employee, contractor, serting ‘‘foreign power’’; and table presumption that information has been or consultant with access to classified infor- (B) in subsection (b)— properly classified if the information has mation makes an unauthorized disclosure of (i) by striking the first undesignated para- been marked as classified information in ac- the classified information, irrespective of graph (relating to the term ‘‘classified infor- cordance with Executive Order 12958 (60 Fed. whether the Government officer, employee, mation’’); and Reg. 19825) or a successor or predecessor to contractor, or consultant intended to aid a (ii) by striking the third undesignated the order. foreign nation or harm the United States. paragraph (relating to the term ‘‘foreign ‘‘(e) DEFENSE OF IMPROPER CLASSIFICA- (6) Federal whistleblower protection stat- government’’); and TION.—The disclosure, delivery, communica- utes and regulations that enable Govern- (5) by adding at the end the following: tion, or transmission of classified informa- ment officers, employees, contractors, and ‘‘§ 800. Definitions tion by a covered individual shall not violate consultants to report unlawful and improper ‘‘In this chapter— subsection (b)(1) if the covered individual conduct are appropriate mechanisms for re- ‘‘(1) the term ‘classified information’ has proves by clear and convincing evidence that porting such conduct. the meaning given the term in section 1 of at the time the information was originally

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Mr. CONRAD (for himself, Mr. on the table; as follows: tion. BAUCUS, and Mr. TESTER) submitted an On page ll of the amendment, between ‘‘(f) EXTRATERRITORIAL JURISDICTION.— amendment intended to be proposed to lines ll and ll, insert the following: There is jurisdiction over an offense under amendment SA 4884 submitted by Mr. (ll) PRESIDENTIAL CERTIFICATION REJECT- this section if— BARRASSO (for himself and Mr. ENZI) and in- ING INTERRELATIONSHIP BETWEEN STRATEGIC ‘‘(1) the offense occurs in whole or in part tended to be proposed to Treaty Doc. 111–5, OFFENSIVE AND STRATEGIC DEFENSIVE ARMS.— within the United States; supra; which was ordered to lie on the table. The New START Treaty shall not enter into ‘‘(2) regardless of where the offense is com- SA 4920. Mr. THUNE (for himself and Mr. force until the President certifies to the Sen- mitted, the alleged offender is— KYL) submitted an amendment intended to ate and notifies the President of the Russian ‘‘(A) a national of the United States (as de- be proposed by him to Treaty Doc. 111–5, Federation in writing that the President refined in section 101(a) of the Immigration supra; which was ordered to lie on the table. jects the following recognition stated in the and Nationality Act (8 U.S.C. 1101(a))); preamble to the New START Treaty: ‘‘Rec- f ‘‘(B) an alien lawfully admitted for perma- ognizing the existence of the interrelation- nent residence in the United States (as de- TEXT OF AMENDMENTS ship between strategic offensive arms and fined in section 101(a) of the Immigration strategic defensive arms, that this inter- and Nationality Act (8 U.S.C. 1101(a))); or SA 4917. Mr. HARKIN (for Mr. CARDIN relationship will become more important as ‘‘(C) a stateless person whose habitual resi- (for himself, Mr. VOINOVICH, Ms. CANT- strategic nuclear arms are reduced, and that dence is in the United States; WELL, Mrs. MURRAY, and Mr. INHOFE)) current strategic defensive arms do not un- ‘‘(3) after the offense occurs, the offender is proposed an amendment to the bill S. dermine the viability and effectiveness of brought into or found in the United States, 3481, to amend the Federal Water Pol- the strategic offensive arms of the Parties’’. even if the conduct required for the offense lution Control Act to clarify Federal (ll) PRESIDENTIAL CERTIFICATION REGARD- occurs outside the United States; or ING ADDITIONAL GROUND-BASED INTERCEP- responsibility for stormwater pollu- ‘‘(4) an offender aids or abets or conspires TORS.—The New START Treaty shall not with any person over whom jurisdiction ex- tion; as follows: enter into force until the President certifies ists under this paragraph in committing an Strike all after the enacting clause and in- to the Senate and notifies the President of offense under subsection (b)(1).’’. sert the following: the Russian Federation in writing that the (b) TECHNICAL AND CONFORMING AMEND- SECTION 1. FEDERAL RESPONSIBILITY TO PAY President intends to continue to improve MENT.—The table of sections for chapter 93 of FOR STORMWATER PROGRAMS. and modernize the United States ground- title 18, United States Code, is amended by Section 313 of the Federal Water Pollution based midcourse defense system, including— adding at the end the following: Control Act (33 U.S.C. 1323) is amended by (A) two-stage interceptors that could be deployed in Europe if the Iranian ICBM ‘‘1925. Violation of classified information adding at the end the following: threat emerges before Phases 3 and 4 of the nondisclosure agreement.’’. ‘‘(c) REASONABLE SERVICE CHARGES.— ‘‘(1) IN GENERAL.—For the purposes of this Phased Adaptive Approach are ready; and SEC. 5. DIRECTIVE TO SENTENCING COMMIS- (B) three stage ground-based interceptors SION. Act, reasonable service charges described in subsection (a) include any reasonable non- in the United States, including additional (a) IN GENERAL.—Pursuant to its authority discriminatory fee, charge, or assessment missiles for testing and emergency deploy- under section 994 of title 28, United States that is— ment, as necessary. Code, and in accordance with this section, ‘‘(A) based on some fair approximation of the United States Sentencing Commission, the proportionate contribution of the prop- SA 4919. Mr. CONRAD (for himself, shall review and, if appropriate, amend the erty or facility to stormwater pollution (in Mr. BAUCUS, and Mr. TESTER) sub- Federal Sentencing Guidelines and policy terms of quantities of pollutants, or volume statements applicable to a person convicted mitted an amendment intended to be or rate of stormwater discharge or runoff of an offense under section 1925 of title 18, proposed to amendment SA 4884 sub- from the property or facility); and mitted by Mr. BARRASSO (for himself United States Code, as added by this Act. ‘‘(B) used to pay or reimburse the costs as- (b) CONSIDERATIONS.—In carrying out this sociated with any stormwater management and Mr. ENZI) and intended to be pro- section, the Sentencing Commission shall program (whether associated with a separate posed to Treaty Doc. 111–5, Treaty be- ensure that the sentencing guidelines ac- storm sewer system or a sewer system that tween the United States of America count for all relevant conduct, including— manages a combination of stormwater and and the Russian Federation of Meas- (1) multiple instances of unauthorized dis- sanitary waste), including the full range of ures for the Further Reduction and closure, delivery, communication, or trans- programmatic and structural costs attrib- Limitation of Strategic Offensive mission of the classified information; utable to collecting stormwater, reducing (2) the volume of the classified information Arms, signed in Prague on April 8, 2010, pollutants in stormwater, and reducing the with Protocol; which was ordered to lie that was disclosed, delivered, communicated, volume and rate of stormwater discharge, re- or transmitted; gardless of whether that reasonable fee, on the table; as follows: (3) the classification level of the classified charge, or assessment is denominated a tax. On page 2 of the amendment, beginning on information; ‘‘(2) LIMITATION ON ACCOUNTS.— line 3, strike ‘‘that—’’ and all that follows (4) the harm to the national security of the ‘‘(A) LIMITATION.—The payment or reim- through line 7 and insert ‘‘that the Depart- United States that reasonably could be ex- bursement of any fee, charge, or assessment ment of Defense will maintain not fewer pected to be caused by the disclosure, deliv- described in paragraph (1) shall not be made than 450 deployed and non-deployed ICBM ery, communication, or transmission of the using funds from any permanent authoriza- launchers silos for the duration of the trea- classified information; and tion account in the Treasury. ty.’’ (5) the nature and manner in which the ‘‘(B) REIMBURSEMENT OR PAYMENT OBLIGA- classified information was disclosed, deliv- TION OF FEDERAL GOVERNMENT.—Each depart- Mr. THUNE (for himself and ered, communicated, or transmitted. SA 4920. ment, agency, or instrumentality of the ex- Mr. KYL) submitted an amendment in- f ecutive, legislative, and judicial branches of tended to be proposed by him to Treaty the Federal Government, as described in sub- AMENDMENTS SUBMITTED AND section (a), shall not be obligated to pay or Doc. 111–5, Treaty between the United PROPOSED reimburse any fee, charge, or assessment de- States of America and the Russian scribed in paragraph (1), except to the extent Federation of Measures for the Further SA 4917. Mr. HARKIN (for Mr. CARDIN (for and in an amount provided in advance by Reduction and Limitation of Strategic himself, Mr. VOINOVICH, Ms. CANTWELL, Mrs. any appropriations Act to pay or reimburse Offensive Arms, signed in Prague on MURRAY, and Mr. INHOFE)) proposed an the fee, charge, or assessment.’’. amendment to the bill S. 3481, to amend the April 8, 2010, with Protocol; which was ordered to lie on the table; as follows: Federal Water Pollution Control Act to clar- SA 4918. Mr. CORNYN (for himself ify Federal responsibility for stormwater At the end of subsection (a) of the resolu- and Mr. RISCH) submitted an amend- pollution. tion of ratification, add the following: ment intended to be proposed to SA 4918. Mr. CORNYN (for himself and Mr. (11) RUSSIAN COOPERATION ON IRAN.—(A) In RISCH) submitted an amendment intended to amendment SA 4904 submitted by Mr. giving its advice and consent to ratification be proposed to amendment SA 4904 sub- CORKER to Treaty Doc. 111–5, Treaty of the New START Treaty, the Senate has mitted by Mr. CORKER to Treaty Doc. 111–5, between the United States of America accepted and relied upon the representation

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of President Barack Obama, including the the Russian Federation to fully support ‘‘(c) REASONABLE SERVICE CHARGES.— statement on November 18, 2010, that ‘‘[t]he United States and international efforts to ‘‘(1) IN GENERAL.—For the purposes of this New START treaty is also a cornerstone of prevent the Government of Iran from devel- Act, reasonable service charges described in our relations with Russia’’ for the reason oping a nuclear weapons capability; and subsection (a) include any reasonable non- that ‘‘Russia has been fundamental to our ef- (iii) submit a report to the Senate prompt- discriminatory fee, charge, or assessment forts to put strong sanctions in place to put ly thereafter, detailing— that is— pressure on Iran to deal with its nuclear pro- (I) whether adherence to the New START ‘‘(A) based on some fair approximation of gram’’. Accordingly, the advice and consent Treaty remains in the national security in- the proportionate contribution of the prop- of the Senate to ratification of the New terests of the United States; and erty or facility to stormwater pollution (in START Treaty is conditioned on the expec- (II) how the United States will redress the terms of quantities of pollutants, or volume tation that the Russian Federation will co- impact of the actions of the Russian Federa- or rate of stormwater discharge or runoff operate fully with United States and inter- tion on the national security interests of the from the property or facility); and national efforts to prevent the Government United States. ‘‘(B) used to pay or reimburse the costs as- of Iran from developing a nuclear weapons At the end of subsection(c), add the fol- sociated with any stormwater management capability. lowing: program (whether associated with a separate (B) Prior to the entry into force of the New (14) RUSSIAN COOPERATION ON IRAN.—It is storm sewer system or a sewer system that START Treaty, the President shall certify to the sense of the Senate that failure by the manages a combination of stormwater and the Senate that— Russian Federation to cooperate with United sanitary waste), including the full range of (i) the Russian Federation is in full com- States and international efforts to prevent programmatic and structural costs attrib- pliance with all United Nations Security Iran from developing a nuclear weapons ca- utable to collecting stormwater, reducing Council Resolutions relating to Iran; pability would lead to an increased threat to pollutants in stormwater, and reducing the (ii) the Government of the Russian Federa- the United States and its allies, undermining volume and rate of stormwater discharge, re- tion has assured the United States that nei- the long-term foundation of the New START gardless of whether that reasonable fee, ther it nor any entity subject to its jurisdic- Treaty. charge, or assessment is denominated a tax. tion and control will— f ‘‘(2) LIMITATION ON ACCOUNTS.— (I) transfer to Iran the S-300 air defense AUTHORITY FOR COMMITTEES TO ‘‘(A) LIMITATION.—The payment or reim- system or other advanced weapons systems bursement of any fee, charge, or assessment or any parts thereof; or MEET described in paragraph (1) shall not be made (II) transfer such items to a third party SELECT COMMITTEE ON INTELLIGENCE using funds from any permanent authoriza- which will in turn transfer such items to tion account in the Treasury. Iran; Mr. CASEY. Mr. President, I ask ‘‘(B) REIMBURSEMENT OR PAYMENT OBLIGA- (iii) the Government of the Russian Fed- unanimous consent that the Select TION OF FEDERAL GOVERNMENT.—Each depart- eration has assured the United States that Committee on Intelligence be authorized to meet during the session of the ment, agency, or instrumentality of the ex- neither it nor any entity subject to its juris- ecutive, legislative, and judicial branches of diction and control will transfer to Iran Senate on December 21, 2010 at 2:30 the Federal Government, as described in sub- goods, services, or technology that con- p.m. section (a), shall not be obligated to pay or tribute to the advancement of the nuclear or The PRESIDING OFFICER. Without reimburse any fee, charge, or assessment de- missile programs of the Government of Iran; objection, it is so ordered. scribed in paragraph (1), except to the extent and and in an amount provided in advance by (iv) the Government of the Russian Federa- f any appropriations Act to pay or reimburse tion has assured the United States that it ORDER OF PROCEDURE the fee, charge, or assessment.’’. will support efforts at the United Nations Security Council and elsewhere to increase Mr. KERRY. Madam President, I ask The bill (S. 3481), as amended, was or- political and economic pressure on the Gov- unanimous consent to proceed as in dered to be engrossed for a third read- ernment of Iran to abandon its nuclear weap- legislative session and as in morning ing, was read the third time, and ons program. business to process some cleared legis- passed. (C) Each annual report submitted pursuant lative items. to paragraph (10) shall include a certification The PRESIDING OFFICER. Without f by the President that between the date the objection, it is so ordered. APPLICATION OF CERTAIN EN- New START Treaty entered into force and FEDERAL WATER POLLUTION CONTROL ACT ERGY EFFICIENCY STANDARDS December 31, 2011, or, in subsequent reports, Mr. HARKIN. Madam President, I UNDER THE ENERGY POLICY during the previous year— (i) the Russian Federation was in full com- ask unanimous consent that the Sen- AND CONSERVATION ACT pliance with all United Nations Security ate proceed to the immediate consider- Mr. KERRY. I ask unanimous con- Council Resolutions relating to Iran; ation of Calendar No. 715, S. 3481. sent that the Senate proceed to the im- (ii) neither the Government of the Russian The PRESIDING OFFICER. The mediate consideration of H.R. 5470, re- Federation nor any entity subject to its ju- clerk will state the bill by title. ceived from the House and at the desk. risdiction and control has, with the knowl- The assistant legislative clerk read The PRESIDING OFFICER. The edge of the Government of the Russian Fed- as follows: eration, transferred to Iran the S-300 air de- clerk will report the bill by title. A bill (S. 3481) to amend the Federal Water The legislative clerk read as follows: fense system or other advanced weapons sys- Pollution Control Act to clarify Federal re- A bill (H.R. 5470) to exclude an external tems; sponsibility for storm water pollution. (iii) neither the Government of the Russian power supply for certain security or life safe- Federation nor any entity subject to its ju- There being no objection, the Senate ty alarms and surveillance system compo- risdiction and control has, with the knowl- proceeded to consider the bill. nents from the application of certain energy edge of the Government of the Russian Fed- Mr. HARKIN. Madam President, I efficiency standards under the Energy Policy eration, transferred to Iran goods, services, ask unanimous consent that a Cardin and Conservation Act. or technology that contribute to the ad- amendment, which is at the desk, be There being no objection, the Senate vancement of the nuclear weapons or missile agreed to, the bill, as amended, be read proceeded to consider the bill. programs of Iran; and the third time and passed, the motions Mr. KERRY. Madam President, I ask (iv) the Russian Federation has supported to reconsider be laid upon the table, unanimous consent that the bill be efforts at the United Nations Security Coun- with no intervening action or debate, read a third time, passed, the motion cil and elsewhere to increase political and and that any statements related to the economic pressure on the Government of to reconsider be laid upon the table, bill be printed in the RECORD, as if Iran to abandon its nuclear weapons pro- and that any statements relating to gram, and has not sought to weaken initia- read. the measure be printed in the RECORD. tives aimed at increasing such pressure. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without (D) If in any annual report submitted pur- objection, it is so ordered. objection, it is so ordered. suant to paragraph (10) the President fails to The amendment (No. 4917) was agreed The bill (H.R. 5470) was ordered to a make the certification described in subpara- to, as follows: third reading, was read the third time, graph (C), then the President shall— (Purpose: In the nature of a substitute) and passed. (i) consult with the Senate regarding the Strike all after the enacting clause and in- implications of the Russian Federation’s ac- sert the following: f tions for the national security interests of SECTION 1. FEDERAL RESPONSIBILITY TO PAY INDIAN PUEBLO CULTURAL the United States; FOR STORMWATER PROGRAMS. CENTER CLARIFICATION ACT (ii) seek on an urgent basis a meeting with Section 313 of the Federal Water Pollution the Russian Federation at the highest diplo- Control Act (33 U.S.C. 1323) is amended by Mr. KERRY. Madam President, I ask matic level with the objective of persuading adding at the end the following: unanimous consent that the Senate

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S10934 CONGRESSIONAL RECORD — SENATE December 21, 2010 proceed to the immediate consider- ø(b) APPLICATION.—The amendment made journ until 9 a.m., on Wednesday, De- ation of Calendar No. 720, H.R. 4445. by subsection (a) shall apply to any lease en- cember 22; that following the prayer The PRESIDING OFFICER. Without tered into or renewed after the date of the and pledge, the Journal of proceedings ¿ objection, it is so ordered. enactment of this Act. be approved to date, the morning hour The clerk will report the bill by title. Mr. KERRY. Madam President, I fur- be deemed expired, the time for the two The legislative clerk read as follows: ther ask that the committee-reported leaders be reserved for their use later A bill (H.R. 4445) to amend Public Law 95– amendments be agreed to, the bill as in the day; that following any leader 232 to repeal a restriction on treating as In- amended be read a third time and remarks, the Senate proceed to execu- dian country certain lands held in trust for passed, the motion to reconsider be tive session and resume consideration Indian pueblos in New Mexico. laid upon the table, with no inter- of the New START treaty; and finally, There being no objection, the Senate vening action or debate, and that any I ask that the time during adjourn- proceeded to consider the bill. statements be printed in the RECORD. ment or period of morning business Mr. KERRY. Madam President, I fur- The PRESIDING OFFICER. Without count postcloture. ther ask that the bill be read three objection, it is so ordered. The PRESIDING OFFICER. Without times and passed, the motion to recon- The committee amendments were objection, it is so ordered. sider be laid upon the table with no in- agreed to. tervening action or debate, and that The bill (S. 3903), as amended, was or- f any statements relating to the bill be dered to be engrossed for a third read- PROGRAM printed in the RECORD. ing, was read the third time, and The PRESIDING OFFICER. Without passed, as follows: Mr. LEVIN. Madam President, clo- objection, it is so ordered. S. 3903 ture was invoked on the New START The bill (H.R. 4445) was ordered to a Be it enacted by the Senate and House of treaty today. We hope we will be able third reading, was read the third time, Representatives of the United States of America to reach an agreement to yield back and passed. in Congress assembled, some of the postcloture debate time. f SECTION 1. OHKAY OWINGEH PUEBLO LEASING We will also continue to work on an AUTHORITY. agreement to consider the 9/11 health AUTHORIZING LEASES OF UP TO Subsection (a) of the first section of the legislation and a number of other exec- 99 YEARS FOR LANDS HELD IN Act of August 9, 1955 (25 U.S.C. 415(a)), is utive nominations. TRUST FOR OHKAY OWINGEH amended in the second sentence by inserting We also would hope that we can com- PUEBLO ‘‘and lands held in trust for Ohkay Owingeh plete work on the Defense authoriza- Mr. KERRY. Madam President, I ask Pueblo’’ after ‘‘of land on the Devils Lake Sioux Reservation,’’. tion bill tomorrow morning as well, unanimous consent that the Senate early in the day, hopefully, right proceed to the immediate consider- f around 9 o’clock. ation of Calendar No. 701, S. 3903. SIGNING AUTHORITY Senators will be notified when any The PRESIDING OFFICER. The votes are scheduled. clerk will report the bill by title. Mr. KERRY. Madam President, I ask The legislative clerk read as follows: unanimous consent that Senator WEBB f be authorized to sign any duly enrolled A bill (S. 3903) to authorize leases of up to ADJOURNMENT UNTIL 9 A.M. 99 years for lands held in trust for Ohkay bills or joint resolutions beginning De- Owingeh Pueblo. cember 27 through 11:59 a.m., Monday, TOMORROW There being no objection, the Senate January 3, 2011. Mr. LEVIN. Madam President, if proceeded to consider the bill which The PRESIDING OFFICER. Without there is no further business to come be- had been reported from the Committee objection, it is so ordered. fore the Senate, I ask unanimous con- on Indian Affairs, with amendments, as Mr. KERRY. Madam President, I sug- sent that it adjourn under the previous follows: gest the absence of a quorum. order. (The parts of the bill intended to be The PRESIDING OFFICER. The There being no objection, the Senate, stricken are shown in boldface brack- clerk will call the roll. at 11:05 p.m., adjourned until Wednes- ets and the parts of the bill intended to The legislative clerk proceeded to day, December 22, 2010, at 9 a.m. call the roll. be inserted are shown in italic.) f S. 3903 Mr. LEVIN. Madam President, I ask Be it enacted by the Senate and House of unanimous consent that the order for CONFIRMATIONS the quorum call be rescinded. Representatives of the United States of America Executive nominations confirmed by The PRESIDING OFFICER. Without in Congress assembled, the Senate, Tuesday, December 21, 2010: SECTION 1. OHKAY OWINGEH PUEBLO LEASING objection, it is so ordered. AUTHORITY. THE JUDICIARY f ø(a) AUTHORIZATION FOR 99-YEAR LEAS BENITA Y. PEARSON, OF OHIO, TO BE UNITED STATES ES.—¿Subsection (a) of the first section of ORDERS FOR WEDNESDAY, DISTRICT JUDGE FOR THE NORTHERN DISTRICT OF OHIO. WILLIAM JOSEPH MARTINEZ, OF COLORADO, TO BE the Act of August 9, 1955 (25 U.S.C. 415(a)), is DECEMBER 22, 2010 UNITED STATES DISTRICT JUDGE FOR THE DISTRICT OF amended in the second sentence by inserting COLORADO. ‘‘and lands held in trust for Ohkay Owingeh Mr. LEVIN. Madam President, I ask THE ABOVE NOMINATIONS WERE APPROVED SUBJECT unanimous consent that when the Sen- TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- Pueblo’’ after ‘‘of land on the Devils Lake QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY Sioux Reservation,’’. ate completes its business today, it ad- CONSTITUTED COMMITTEE OF THE SENATE.

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TRIBUTE TO IRVIN B. NATHAN have tirelessly devoted their lives to sup- carries, including a rushing touchdown in each porting education, culture, history and oppor- of the first three quarters. With La Salle un- HON. NANCY PELOSI tunity within the Jewish community of central able to score, the title game at Hershey Park OF CALIFORNIA Ohio. Stadium ended with a score of 21–0. IN THE HOUSE OF REPRESENTATIVES Miriam and Bernie are the 2010 recipients It was a remarkable victory for North Alle- gheny, as they became only the second team Tuesday, December 21, 2010 of the Columbus Jewish Federation Ben M. Mandelkorn Award of Distinguished Service in to win the Class AAAA title with a shutout. To Ms. PELOSI. Madam Speaker, I rise today honor of their 50 years of leadership and dedi- complete the 2010 season, the Tigers finish to express the appreciation of the entire cation to the Columbus Jewish community. up with a 15–1 record, adding a WPIAL and House of Representatives to Irvin Nathan for The Yenkins’ have received numerous PIAA championship in Class AAAA to the his service and commitment as our General awards and recognitions over the years for North Allegheny trophy case. Counsel. their service to the Jewish community here I would also like to pay tribute to Coach Art Since beginning his tenure more than three and around the world. Walker, Jr. for leading his team to victory dur- years ago—taking his place as the sixth indi- As officers and board members of several ing the 20th anniversary of North Allegheny’s vidual to serve as House General Counsel— local organizations, they are involved in all first PIAA title. Mr. Walker has been at North Mr. Nathan helped assemble and supervise a facets of promoting and preserving Jewish cul- Allegheny for six seasons. Before that, he highly competent and professional staff. He ture and history in central Ohio. In addition to spent seven seasons at Central Catholic, successfully and actively maintained the Gen- serving as President of the Federation, they where he also won a PIAA Class AAAA title. eral Counsel’s Office as a trusted, non-par- have been involved with the Columbus Jewish It is with great pride that I recognize the tisan resource. Through their hard work and Day School, Columbus Torah Academy, school district where I live and where my achievements, he and his office have earned Agudas Achim, the Jewish Community Center, daughters go to school for its tremendous ac- the respect of Members on both sides of the The Ohio State University Hillel, Soviet Jewry, complishment. On behalf of my family and the aisle. the Jewish Education Service of North Amer- Fourth District of Pennsylvania, I extend our Under Mr. Nathan’s leadership, the General ica, the Interdisciplinary Center in Herzilya, congratulations to the North Allegheny Tigers Counsel’s Office provided invaluable assist- United Jewish Communities and the Columbus for earning the title of State Champions. ance and advice to the House and its Mem- Jewish Historical Society. f bers, Officers and Committees in connection Members of the Columbus Jewish commu- RECOGNITION OF CHARLES with a broad range of legal matters. He de- nity often credit their own volunteer involve- fended Members and other House employees FEESER FOR HIS EXCELLENCE ment to Miriam and Bernie’s guidance and en- IN TEACHING AWARD and entities in judicial proceedings at the trial couragement. and appellate levels; responded to deposition, I ask my colleagues in the House of Rep- trial, grand jury and administrative subpoenas; resentatives to join me in honoring Miriam and HON. MARY JO KILROY OF OHIO and advised Members and Committees in con- Bernie Yenkin for their extraordinary service to IN THE HOUSE OF REPRESENTATIVES nection with their interactions with both private the Jewish community of Columbus. and other governmental entities. Tuesday, December 21, 2010 Many House Committees and Subcommit- f Ms. KILROY. Madam Speaker, I rise today tees, in particular, have come to rely on Mr. HONORING NORTH ALLEGHENY to honor Charles Feeser for being selected as Nathan’s expertise and guidance in connection HIGH SCHOOL AS PENNSYLVANIA a winner of the first annual Excellence in with their investigative and oversight activities. STATE FOOTBALL CHAMPIONS During the past three years, Mr. Nathan has Teaching Award. I applaud his extraordinary also played a significant role in safeguarding service to Benjamin Banneker High School, the legal and institutional interests of the HON. JASON ALTMIRE the District of Columbia, and to each and House, and in addressing specific challenges OF PENNSYLVANIA every student that has passed through his to the House’s interests and prerogatives. In IN THE HOUSE OF REPRESENTATIVES classroom. Praise and accolades fall short when de- particular, his work vindicated the House’s Tuesday, December 21, 2010 scribing the difference an inspiring teacher congressional subpoena authority in the land- Mr. ALTMIRE. Madam Speaker, it is my makes in a young person’s life. Mr. Feeser’s mark case of Committee on the Judiciary v. privilege to recognize and congratulate North effectiveness comes from his earnest love of Miers. Allegheny High School on winning the Penn- education. His lessons radiate beyond the All Members of the House know that Irvin sylvania Interscholastic Athletic Association’s Nathan will continue his stellar work as Attor- classroom, teaching students to aspire to and (PIAA) Class AAAA title. On December 18, achieve at high levels throughout their high ney General for the District of Columbia. We 2010, the North Allegheny Tigers defeated the know that the District will benefit from his school and college coursework. defending state champions, the LaSalle Col- Mr. Feeser has his students use nametags counsel, wisdom, and guidance. lege Explorers, to earn the 2010 championship that refer to themselves as ‘‘Mr.’’ and ‘‘Ms.’’ in- On behalf of the House of Representatives, title. stead of their first names. The practice teach- I express my deepest gratitude and thanks to LaSalle College of Philadelphia was power- es students that there are rituals that tran- Irvin Nathan for his dedication to the House, less against the Tigers’ outstanding running scend the classroom. That awareness gives and extend our very best wishes to him in the game, despite the fact that an injury kept star students the tools they can use in the larger future. running back, Alex Papson, on the sideline for public sphere. Mr. Feeser creates a commu- f North Allegheny’s win. Before being sidelined nity within the classroom. He lectures less, RECOGNITION OF MIRIAM AND by a dislocated collarbone in the Western opting to facilitate discussion among students BERNIE YENKIN FOR AWARD OF Pennsylvania Interscholastic Athletic League instead. More than a teacher, he is a mentor DISTINGUISHED SERVICE (WPIAL) Championship, Papson rushed for and partner in the learning process. He takes more than 2,000 yards this season. He is one his craft seriously, and expects the same from HON. MARY JO KILROY of only six running backs to ever run for over those who share the classroom with him. It OF OHIO 4,000 career yards in WPIAL history. comes as no surprise that his students con- During the game, running back Matt IN THE HOUSE OF REPRESENTATIVES sistently win awards, scholarships, and de- Steinbeck led North Allegheny with 120 rush- velop a lifelong appreciation for the arts of the- Tuesday, December 21, 2010 ing yards on 20 carries, including a 27-yard ater, painting, poetry and prose. Ms. KILROY. Madam Speaker, I rise today touchdown run in the second quarter. In total, At Benjamin Banneker High School, where to recognize Miriam and Bernie Yenkin who North Allegheny rushed for 220 yards on 44 he teaches English, art history, and serves as

∑ 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.

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These connections enliven the removal of a student from school is abso- OF THE AMERICAN ACADEMY OF the school and Mr. Feeser’s commitment to lutely necessary. When a student poses a real DERMATOLOGY Banneker extends to all students, not just safety threat to teachers or his or her fellow those enrolled in his classes. students, suspension or expulsion is war- HON. CHAKA FATTAH Before coming to the District of Columbia ranted. OF PENNSYLVANIA Public Schools, Mr. Feeser taught humanities Yet too often, kids in this country are being IN THE HOUSE OF REPRESENTATIVES excluded from school at a growing rate for un- and history at Columbus Alternative High Tuesday, December 21, 2010 School in central Ohio. Teaching in two urban justifiable reasons. public schools, his ability to identify, develop, According to the Department of Education, Mr. FATTAH. Madam Speaker, I rise today and encourage talent in his students has shat- over 3 million students are suspended and to congratulate Dr. William James, a Univer- tered the stereotypes about public education. over 100,000 are expelled from school each sity of Pennsylvania dermatologist who re- Even though he has spent the last 10 years year often, for minor offenses. Hundreds of cently took office as President of the American teaching in the District of Columbia, Mr. others are arrested or sent to alternative Academy of Dermatology. He will hold office Feeser is still well remembered in my district schools for incidents historically dealt with for one year and also will hold the same posi- by parents and students who took his courses within school walls. tion for the American Academy of Derma- Disturbingly, African American, Hispanic and at Columbus Alternative High School. It is with tology Association. disabled students are disproportionately im- great pride that I rise to honor Charles Feeser After beginning his academic career at the pacted. for his excellence as an educator. I look for- U.S. Military Academy at West Point, Dr. As you can imagine, kicking youth out of the ward to his continued success with the District James earned his medical degree from Indi- classroom without addressing underlying of Columbia Schools. ana University School of Medicine. He com- issues for their behavior doesn’t help that f pleted a medical internship at Walter Reed child, and usually doesn’t improve the learning Army Medical Center, in Washington, DC, and INTRODUCTION OF H. RES. 1777, A climate of the school. his residency in dermatology at the former RESOLUTION RAISING AWARE- In fact, the American Psychological Associa- Letterman Army Medical Center in San Fran- NESS OF SCHOOL PUSHOUT AND tion has found that suspension and expulsion cisco. He is the Paul R. Gross professor and PROMOTING DIGNITY IN negatively impact school-wide achievement vice chair of the department of dermatology at SCHOOLS and increase the risk that excluded students the University of Pennsylvania in Philadelphia. fall behind academically, become alienated He also serves as the residency and fellow- from school, drop out, and become involved ship program director. HON. CHRISTOPHER S. MURPHY with the juvenile and adult criminal justice sys- OF CONNECTICUT An active member of the American Acad- tems. emy of Dermatology, Dr. James has served as IN THE HOUSE OF REPRESENTATIVES In other words, these harsh practices are a member of the board of directors, the coun- pushing kids out of the classroom and creating Tuesday, December 21, 2010 cil on member services, and numerous task what has been widely dubbed as a ‘‘school-to- Mr. MURPHY of Connecticut. Madam forces and committees. He is the past chief of Speaker, I rise today in proud support of H. prison pipeline.’’ In 2007 in my own home state of Con- dermatology service at Walter Reed Army Res. 1777, a resolution raising awareness of necticut, 89% of the 16 and 17-year olds in- Medical Center. He has authored more than school pushout and promoting dignity in volved with the criminal justice system had 310 publications, including co-authorship of schools. been suspended or expelled from school. the last three editions of Andrews’ Diseases of I want to start by thanking my colleagues While this may be attributable to many factors, the Skin. Additionally he served as founding Representatives BOBBY SCOTT and DANNY common sense will tell you that when a kid is editor-in-chief of the dermatology section of DAVIS for partnering with me on this effort and expelled from school, home alone without su- Emedicine.com, a clinical reference developed for their long and esteemed records of stand- pervision, he’s likely to keep getting into trou- by WebMD. He lives in Bryn Mawr, Pennsyl- ing up for children and civil rights. ble. vania, with his wife, Ann. They have two chil- I also want to thank the parents, teachers, Fortunately, there is also great work being dren and are expecting a grandchild in early students, school administrators, advocates done in Connecticut and across the country to 2011. and academics from across Connecticut address school pushout and our resolution f whose expertise and input were essential in commends those efforts. RITA PETERSON drafting this resolution. Counterproductive zero-tolerance policies We are introducing this resolution for the are being replaced with evidenced-based be- millions of students who are pushed out of havior management and discipline practices. HON. ED PERLMUTTER school each year at the hands of harsh and Schools are partnering with community lead- OF COLORADO exclusionary zero-tolerance school discipline ers and services to better support at-risk stu- IN THE HOUSE OF REPRESENTATIVES policies. dents. Parent engagement is being prioritized Tuesday, December 21, 2010 We are introducing it for the 14-year boy and states are passing laws limiting the use of with Aspergers syndrome from Richardson, exclusionary discipline practices. Mr. PERLMUTTER. Madam Speaker, I rise Texas who was given a $364 police citation These efforts are producing real results in today to recognize and applaud Rita Peterson for swearing in class. decreasing behavioral incidents and improving for her outstanding service to our community. We are introducing it for the six-year-old school climate and student achievement. Rita Peterson has been co-owner and Vice student of Newark, Delaware who was so ex- Yet what I’ve heard time and time again is president of her family owned appraisal busi- cited about joining the Cub Scouts that he that in order to be successful, Congress needs ness since 1977. The business has grown brought his camping utensil to school. Be- to support and help expand these efforts. from one appraiser and a part time secretary cause it had a small knife, he was suspended We need to help teachers and administra- to six full time appraisers and three adminis- and referred to an alternative school for 5 tors who aren’t receiving the training they want trative staff. They began primarily appraising days. and need to effectively manage a classroom. operating farms and ranches throughout the And we are introducing the resolution for the And we must support efforts to adopt evi- state, and now deal with more complex issues 16-year-old of New York City who broke denced based practices to improve student involving eminent domain, conservation ease- school policy by using a cell phone. He was engagement and school safety by providing ment valuations and federal land exchanges. subsequently detained and beaten by school both effective technical assistance and flexi- While running and expanding her business, police officers, rushed to the emergency room, bility for our schools. Rita still found time to become involved in the and, outrageously, charged with disorderly Most importantly, we have to acknowledge community. Most notable has been her in- conduct. Fortunately for the boy and his fam- this rising problem in our nation’s schools and volvement with the Senior Resource Center ily, those charges were later dropped. commit to working together to stop it. since 1982. Her vision has been the key to the

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$8.7 million dollar expansion and renovation man GEORGE MILLER today to recognize the it occurred at a time when it appeared that project which includes a new 17,000 square great accomplishments of our friend Byron our troop surge in Iraq had perhaps sta- foot Adult Day building. Leydecker, who recently announced that he bilized what had been for several years a horrific situation. Now think about how that I extend my deepest congratulations to Rita will conclude operation of Friends of the Trinity troop surge—in fact, the entire war—would Peterson for being honored by the West River, the organization he founded 18 years have been viewed had fifty of our Marines Chamber serving Jefferson County. I have no ago and has led ever since. been massacred in their sleep on that April doubt she will exhibit the same dedication and The Trinity River flows through mountains in night in 2008. And finally, as we are in the character in all her future accomplishments. coastal northern California and is the largest season, it’s good to remind ourselves that it is only because of men like Yale, Haerter, f tributary of the Klamath River. These rivers Gen. Kelly, and his brave sons that we are supported huge bountiful populations of both TAX RELIEF, UNEMPLOYMENT IN- able to celebrate our holidays and not those Chinook and Coho salmon, steelhead and of our enemies. SURANCE REAUTHORIZATION, other fish that sustained Native Americans for AND JOB CREATION ACT OF 2010 [SEMPER FI SOCIETY OF ST. LOUIS SPEECH] millennia and visitors from other continents for (By LTG Kelly on Nov. 13, 2010) SPEECH OF the past two centuries. The impacts of ill-ad- Nine years ago two of the four commercial vised and poorly managed development had aircraft took off from Boston, Newark, and HON. WALLY HERGER devastated both the Trinity and the Klamath. Washington. Took off fully loaded with men, OF CALIFORNIA Thanks in large part to Byron, the Trinity is on women and children—all innocent, and all IN THE HOUSE OF REPRESENTATIVES its way to recovery. soon to die. These aircraft were targeted at He pushed the Department of the Interior to the World Trade Towers in New York, the Thursday, December 16, 2010 Pentagon, and likely the Capitol in Wash- develop and then implement the historic 2000 ington, D.C. . . . Three found their mark. No The House in Committee of the Whole Trinity Record of Decision, he has worked tire- House on the State of the Union had under American alive old enough to remember will consideration the bill (H.R. 4853) to amend lessly ever since to ensure that the Trinity res- ever forget exactly where they were, exactly the Internal Revenue Code of 1986 to extend toration program goes forward as intended, what they were doing, and exactly who they the funding and expenditure authority of the and he has pushed the agencies to follow the were with at the moment they watched the Airport and Airway Trust Fund, to amend science. aircraft dive into the World Trade Towers on title 49, United States Code, to extend au- Byron has led an active and vigorous orga- what was, until then, a beautiful morning in New York City. Within the hour 3,000 blame- thorizations for the airport improvement nization over the years, devoting his time, en- less human beings would be vaporized, incin- program, and for other purposes: ergy, and financial resources to make a real erated, or crushed in the most agonizing Mr. HERGER. Mr. Chair, Title VII of this leg- difference in the direction of the Trinity River ways imaginable. The most wretched among islation provides for the extension of a number restoration program, which is today one of the them—over 200—driven mad by heat, hope- of tax provisions that expired at the end of leading efforts of its kind. lessness, and utter desperation leapt to their 2009, or were set to expire at the end of 2010. Byron and FOTR have worked with the deaths from 1,000 feet above Lower Manhat- I understand an effort was made to limit this tan. We soon learned hundreds more were usual alphabet soup of government agencies, murdered at the Pentagon, and in a Pennsyl- title to what are known as the ‘‘traditional’’ tax as well as tribes, fishermen, and water and vania farmer’s field. extenders, with the general test being whether power interests, to develop and implement the Once the buildings had collapsed and the or not an expiring provision had been ex- restoration plan. Byron has always been con- immensity of the attack began to register tended in the past. As a result of this decision, sistent and persistent, cooperative when pos- most of us had no idea of what to do, or several provisions that expired for the first sible and tough when needed. where to turn. As a nation, we were scared time at the end of 2009, and that had been in- like we had not been scared for generations. Thanks to Byron and the work of FOTR, the Parents hugged their children to gain as cluded in previous drafts of tax extenders leg- Trinity River is now in better shape than at much as to give comfort. Strangers em- islation, are not extended in this bill. One of any time since the 1960s—we have seen in- braced in the streets stunned and crying on these, the Section 45 production tax credit for creased flows, a healthier fishery, and a one anther’s shoulders seeking solace, as electricity produced at open-loop biomass fa- stronger scientific foundation for its manage- much as to give it. Instantaneously, Amer- cilities placed in service before October 22, ment. ican patriotism soared not ‘‘as the last ref- 2004, is important to a number of energy pro- While there will always be snags and eddies uge’’ as our national-cynical class would say, but in the darkest times Americans seek ref- ducers in the district I represent. Under current in these undertakings, the successful restora- uge in family, and in country, remembering law, these facilities were permitted to claim the tion of the Trinity River will serve as a national that strong men and women have always production tax credit for 5 years, ending in model of a restored river below a Federal stepped forward to protect the nation when 2009. Previous tax extension proposals in- dam. The Trinity River could have no better the need was dire—and it was so God awful cluded a 2-year extension of this credit period. friend than Byron Leydecker. We are grateful dire that day—and remains so today. As a matter of simple fairness, I believe it is to Byron for his leadership, and thank him for There was, however, a small segment of America that made very different choices only right that these biomass producers should all his work on behalf of healthy rivers and that day . . . actions the rest of America be able to claim the production tax credit for sustainable fisheries. stood in awe of on 9/11 and every day since. the same 10-year period afforded to the other f The first were our firefighters and police, renewable electricity producers covered under their ranks decimated that day as they ran Section 45. AN EXTRAORDINARY SPEECH towards—not away from—danger and certain It is my understanding that no judgment was death. They were doing what they’d sworn to made on the policy merits of individual expir- do—‘‘protect and serve’’—and went to their HON. JOE WILSON graves having fulfilled their sacred oath. ing tax provisions, and therefore no negative OF SOUTH CAROLINA Then there was your Armed Forces, and I inference should be drawn against provisions IN THE HOUSE OF REPRESENTATIVES know I am a little biased in my opinion here, that are not included in this legislation simply but the best of them are Marines. Most wear- because they had not been extended in the Tuesday, December 21, 2010 ing the Eagle, Globe and Anchor today past. I look forward to working with other Mr. WILSON of South Carolina. Madam joined the unbroken ranks of American he- members of the Ways and Means Committee Speaker, I submit the following for the roes after that fateful day not for money, or promises of bonuses or travel to exotic lib- RECORD: in the 112th Congress to review these provi- erty ports, but for one reason and one reason sions and determine which ones are worthy of What follows is an abridged transcript alone; because of the terrible assault on our extension. from The American Thinker by Alan Fraser way of life by men they knew must be killed f of an extraordinary speech given by Lieuten- and an extremist ideology that must be de- ant General John F. Kelly USMC on Novem- stroyed. A plastic flag in their car window HONORING BYRON LEYDECKER ber 13, 2010. What renders it so is that Gen- was not their response to the murderous as- eral Kelly’s son, First Lieutenant Robert Mi- sault on our country. No, their response was chael Kelly, was killed in action in Sangin, a commitment to protect the nation swear- HON. MIKE THOMPSON Afghanistan only four days before Lt. Gen. ing an oath to their God to do so, to their OF CALIFORNIA Kelly gave this speech. Lt. Gen. Kelly’s eld- deaths. When future generations ask why IN THE HOUSE OF REPRESENTATIVES est child is also a U.S. Marine. America is still free and the heyday of Al Tuesday, December 21, 2010 The American Thinker wrote earlier about Qaeda and their terrorist allies was counted this incident to which the general refers in in days rather than in centuries as the ex- Mr. THOMPSON of California. Madam his speech of Corporal Jonathan Yale and tremists themselves predicted, our home- Speaker, I rise with my colleague Congress- Lance Corporal Jordan Haerter. Recall that town heroes—soldiers, sailors, airmen, Coast

VerDate Mar 15 2010 02:31 Jul 23, 2011 Jkt 099060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\RECORD10\RECFILES\E21DE0.REC E21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE E2212 CONGRESSIONAL RECORD — Extensions of Remarks December 21, 2010 Guardsmen, and Marines—can say, ‘‘because Iraq, and Helmand and Sagin, Afghanistan, masonry houses were damaged or destroyed. of me and people like me who risked all to that are now part of the legend and stand A mosque 100 yards away collapsed. The protect millions who will never know my just as proudly alongside Belleau Wood, Iwo truck’s engine came to rest two hundred name.’’ Jima, Inchon, Hue City, Khe Sanh, and yards away knocking most of a house down As we sit here right now, we should not Ashau Valley, Vietnam. None of them have before it stopped. Our explosive experts reck- lose sight of the fact that America is at risk ever asked what their country could do for oned the blast was made of 2,000 pounds of in a way it has never been before. Our enemy them, but always and with their lives asked explosives. Two died, and because these two fights for an ideology based on an irrational what they could do for America. While some young infantrymen didn’t have it in their hatred of who we are. Make no mistake might think we have produced yet another DNA to run from danger, they saved 150 of about that no matter what certain elements generation of materialistic, consumeristic their Iraqi and American brothers-in-arms. of the ‘‘chattering class’’ relentlessly churn and self-absorbed young people, those who When I read the situation report about the out. We did not start this fight, and it will serve today have broken the mold and incident a few hours after it happened I not end until the extremists understand that stepped out as real men, and real women, called the regimental commander for details we as a people will never lose our faith or who are already making their own way in as something about this struck me as dif- our courage. If they persist, these terrorists life while protecting ours. They know the ferent. Marines dying or being seriously and extremists and the nations that provide real strength of a platoon, a battalion, or a wounded is commonplace in combat. We ex- them sanctuary, they must know they will country that is not worshiping at the altar pect Marines regardless of rank or MOS to continue to be tracked down and captured or of diversity, but in a melting pot that stitch- stand their ground and do their duty, and killed. America’s civilian and military pro- es and strengthens by a sense of shared his- even die in the process, if that is what the tectors both here at home and overseas have tory, values, customs, hopes and dreams all mission takes. But this just seemed dif- for nearly nine years fought this enemy to a of which unifies a people making them ferent. The regimental commander had just standstill and have never for a second ‘‘won- stronger, as opposed to an unruly gaggle of returned from the site and he agreed, but re- dered why.’’ They know, and are not afraid. ‘‘hyphenated’’ or ‘‘multi-cultural individ- ported that there were no American wit- Their struggle is your struggle. They hold in uals.’’ nesses to the event—just Iraqi police. I fig- disdain those who claim to support them but I will leave you with a story about the ured if there was any chance of finding out not the cause that takes their innocence, kind of people they are . . . about the qual- what actually happened and then to decorate their limbs, and even their lives. As a democ- ity of the steel in their backs . . . about the the two Marines to acknowledge their brav- racy—‘‘We the People’’—and that by defini- kind of dedication they bring to our country ery, I’d have to do it as a combat award that tion is every one of us—sent them away from while they serve in uniform and forever after requires two eye-witnesses and we figured home and hearth to fight our enemies. We as veterans. Two years ago when I was the the bureaucrats back in Washington would are all responsible. I know it doesn’t apply to Commander of all U.S. and Iraqi forces, in never buy Iraqi statements. If it had any those of us here tonight but if anyone thinks fact, the 22nd of April 2008, two Marine infan- chance at all, it had to come under the sig- you can somehow thank them for their serv- try battalions, 1/9 ‘‘The Walking Dead,’’ and nature of a general officer. ice, and not support the cause for which they 2/8 were switching out in Ramadi. One bat- I traveled to Ramadi the next day and fight—America’s survival—then they are talion in the closing days of their deploy- spoke individually to a half-dozen Iraqi po- lying to themselves and rationalizing away ment going home very soon, the other just lice all of whom told the same story. The something in their lives, but, more impor- starting its seven-month combat tour. Two blue truck turned down into the alley and tantly, they are slighting our warriors and Marines, Corporal Jonathan Yale and Lance immediately sped up as it made its way mocking their commitment to the nation. Corporal Jordan Haerter, 22 and 20 years old through the serpentine. They all said, ‘‘We Since this generation’s ‘‘day of infamy’’ respectively, one from each battalion, were knew immediately what was going on as the American military has handed our ruth- assuming the watch together at the entrance soon as the two Marines began firing.’’ The less enemy defeat-after-defeat but it will go gate of an outpost that contained a make- Iraqi police then related that some of them on for years, if not decades, before this curse shift barracks housing 50 Marines. The same also fired, and then to a man, ran for safety has been eradicated. We have done this by broken down ramshackle building was also just prior to the explosion. All survived. unceasing pursuit day and night into what- home to 100 Iraqi police, also my men and Many were injured . . . some seriously. One ever miserable lair Al Qaeda, the Taliban, our allies in the fight against the terrorists of the Iraqis elaborated and with tears and their allies, might slither into to lay in in Ramadi, a city until recently the most welling up said, ‘‘They’d run like any normal wait for future opportunities to strike a blow dangerous city on earth and owned by Al man would to save his life.’’ ‘‘What he didn’t at freedom. America’s warriors have never Qaeda. Yale was a dirt poor mixed-race kid know until then,’’ he said, ‘‘and what he learned that very instant, was that Marines lost faith in their mission, or doubted the from Virginia with a wife and daughter, and are not normal.’’ Choking past the emotion correctness of their cause. They face dangers a mother and sister who lived with him and he said, ‘‘Sir, in the name of God no sane every day that their countrymen safe and he supported as well. He did this on a yearly man would have stood there and done what comfortable this night cannot imagine. But salary of less than $23,000. Haerter, on the they did.’’ ‘‘No sane man.’’ ‘‘They saved us this has always been the case in all the wars other hand, was a middle class white kid our military have been sent to fight. Not to all.’’ from Long Island. They were from two com- What we didn’t know at the time, and only build empires, or enslave peoples, but to free pletely different worlds. Had they not joined learned a couple of days later after I wrote a those held in the grip of tyrants while at the the Marines they would never have met each summary and submitted both Yale and same time protecting our nation, its citi- other, or understood that multiple America’s Haerter for posthumous Navy Crosses, was zens, and our shared values. And, ladies and exist simultaneously depending on one’s that one of our security cameras, damaged gentlemen, think about this, the only terri- race, education level, economic status, and initially in the blast, recorded some of the tory we as a people have ever asked for from where you might have been born. But they suicide attack. It happened exactly as the any nation we have fought alongside, or were Marines, combat Marines, forged in the Iraqis had described it. It took exactly six against, since our founding, the entire extent same crucible of Marine training, and be- seconds from when the truck entered the of our overseas empire, as a few hundred cause of this bond they were brothers as alley until it detonated. acres of land for the 24 American cemeteries close, or closer, than if they were born of the You can watch the last six seconds of their scattered around the globe. It is in these same woman. young lives. Putting myself in their heads I cemeteries where 220,000 of our sons and The mission orders they received from the supposed it took about a second for the two daughters rest in glory for eternity, or are sergeant squad leader I am sure went some- Marines to separately come to the same con- memorialized forever because their earthly thing like: ‘‘Okay you two clowns, stand this clusion about what was going on once the remains are lost forever in the deepest post and let no unauthorized personnel or ve- truck came into their view at the far end of depths of the oceans, or never recovered from hicles pass.’’ ‘‘You clear?’’ I am also sure the alley. Exactly no time to talk it over, or far flung and nameless battlefields. As a peo- Yale and Haerter then rolled their eyes and call the sergeant to ask what they should do. ple, we can be proud because billions across said in unison something like: ‘‘Yes Ser- Only enough time to take half an instant the planet today live free, and billions yet geant,’’ with just enough attitude that made and think about what the sergeant told them unborn will also enjoy the same freedom and the point without saying the words, ‘‘No kid- to do only a few minutes before: ‘‘. . .let no a chance at prosperity because America sent ding sweetheart, we know what we’re doing.’’ unauthorized personnel or vehicles pass.’’ its sons and daughters out to fight and die They then relieved two other Marines on The two Marines had about five seconds left for them, as much as for us. watch and took up their post at the entry to live. The comforting news for every American is control point of Joint Security Station Nas- It took maybe another two seconds for that our men and women in uniform, and ser, in the Sophia section of Ramadi, al them to present their weapons, take aim, every Marine, is as good today as any in our Anbar, Iraq. and open up. By this time the truck was history. As good as what their heroic, under- A few minutes later a large blue truck half-way through the barriers and gaining appreciated, and largely abandoned fathers turned down the alley way-perhaps 60–70 speed the whole time. Here, the recording and uncles were in Vietnam, and their grand- yards in length—and sped its way through shows a number of Iraqi police, some of fathers were in Korea and World War II. the serpentine of concrete jersey walls. The whom had fired their AKs, now scattering They have the same steel in their backs and truck stopped just short of where the two like the normal and rational men they were- have made their own mark etching forever were posted and detonated, killing them some running right past the Marines. They places like Ramadi, Fallujah, and Baghdad, both catastrophically. Twenty-four brick had three seconds left to live.

VerDate Mar 15 2010 02:31 Jul 23, 2011 Jkt 099060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\RECORD10\RECFILES\E21DE0.REC E21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 21, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E2213 For about two seconds more, the recording mistake too big, no past too heavy that would On rollcall 654, GPRA Modernization Act of shows the Marines’ weapons firing nonstop make God give up on them’’. 2010, H.R. 2142, I would have voted ‘‘yes.’’ . . . the truck’s windshield exploding into I extend my deepest congratulations to Lisa On rollcall 655, Aiding Those Facing Fore- shards of glass as their rounds take it apart Steven and Amie Walton for their well de- closure Act of 2010, H.R. 5510, I would have and tore in to the body of the son-of-a-bitch who is trying to get past them to kill their served recognition by the West Chamber serv- voted ‘‘yes.’’ brothers—American and Iraqi—bedded down ing Jefferson County. I have no doubt they will On rollcall 656, Reduction of Lead in Drink- in the barracks totally unaware of the fact exhibit the same dedication and character in ing Water Act, S. 3874, I would have voted that their lives at that moment depended en- all their future accomplishments. ‘‘yes.’’ tirely on two Marines standing their ground. f f If they had been aware, they would have know they were safe . . . because two Ma- PERSONAL EXPLANATION HONORING ORLANDO SANTOS rines stood between them and a crazed suicide bomber. The recording shows the truck HON. EDDIE BERNICE JOHNSON careening to a stop immediately in front of HON. DONNA M. CHRISTENSEN OF TEXAS the two Marines. In all of the instantaneous OF THE VIRGIN ISLANDS violence Yale and Haerter never hesitated. IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES By all reports and by the recording, they Tuesday, December 21, 2010 Tuesday, December 21, 2010 never stepped back. They never even started to step aside. They never even shifted their Ms. EDDIE BERNICE JOHNSON of Texas. Mrs. CHRISTENSEN. Madam Speaker, I weight. With their feet spread should width Madam Speaker, on Tuesday, December 14, rise with pride to offer my congratulations to apart, they leaned into the danger, firing as I requested and received a leave of absence Orlando Santos, son of Diane Tutein and fast as they could work their weapons. They for December 16 and December 17, 2010. Enrique Santos, who was featured on the had only one second left to live. For the information of our colleagues and The truck explodes. The camera goes Food Network on Sunday, December 19th as my constituents, below is how I would have one of the competitors on the Food Network blank. Two young men go to their God. Six voted on the following votes I missed during seconds. Not enough time to think about Challenge Sugar Destinations. this time period. Orlando, the executive pastry chef at the their families, their country, their flag, or On rollcall 640, On Motion to Suspend the about their lives or their deaths, but more Duquesne Club in Pittsburgh, hails from the is- rules and pass S. 841, I would have voted than enough time for two very brave young land of St. Croix and truly represented his ar- ‘‘yes.’’ men to do their duty . . . into eternity. That tistic and culinary talent with the sugar piece On rollcall 641, On Motion to Suspend the is the kind of people who are on watch all he produced. over the world tonight—for you. rules and pass S. 3860, I would have voted Although he did not win, he has made a We Marines believe that God gave America ‘‘yes.’’ the greatest gift he could bestow to man On rollcall 642, On Motion to Suspend the name for himself and remains a favorite of the while he lived on this earth—freedom. We rules and pass S. 3447, I would have voted judges for his unselfish desire to take his also believe he gave us another gift nearly as ‘‘yes.’’ mother to Denmark to connect with her Danish precious—our soldiers, sailors, airmen, Coast On rollcall 643, Providing for consideration ancestry. Guardsmen, and Marines—to safeguard that Orlando is a product of the public school gift and guarantee no force on this earth can of the Senate amendment to the House amendment to the Senate amendment to the system in the Virgin Islands and was raised in every steal it away. It has been my distinct a environment of strong, determined women to honor to have been with you here today. bill (H.R. 4853) to amend the Internal Rev- Rest assured our America, this experiment enue Code of 1986 to extend the funding and include his mother Diane, his maternal grand- in democracy started over two centuries ago, expenditure authority of the Airport and Airway mother Mercedes and his maternal great- will forever remain the ‘‘land of the free and Trust Fund, H. Res. 1766, I would have voted grandmother Mariel. He began his training in home of the brave’’ so long as we never run ‘‘yes.’’ the culinary arts at St. Croix Vocational Com- out of tough young Americans who are will- On rollcall 644, On Agreeing to the Resolu- plex. He graduated from Johnson & Wales ing to look beyond their own self-interest University in North Miami, Florida and at- and comfortable lives, and go into the dark- tion, H. Res. 1766, I would have voted ‘‘yes.’’ On rollcall 645, On Motion to Suspend the tended the French Pastry School in Chicago. est and most dangerous places on earth to Orlando won his first professional competition hunt down, and kill, those who would do us rules and pass S. 987, To protect girls in de- harm. God Bless America, and . . . SEMPER veloping countries through the prevention of in Atlanta with our very own local sweetbread, FIDELIS! child marriage, and for other purposes, I would a pastry that is typical in the Virgin Islands around the Christmas season. In 2004, he f have voted ‘‘yes.’’ On rollcall 646, On Agreeing to the Levin won first place in the wedding cake category LISA STEVEN & AMIE WALTON Agreement, H.R. 4863, I would have voted at the Southern Pastry Classic. ‘‘yes.’’ During the challenge on Sunday, Orlando HON. ED PERLMUTTER On rollcall 647, On Motion to Concur in the displayed his signature technique; local Virgin OF COLORADO Senate Amdt to the House to the Senate Islands flowers, which represent his culture IN THE HOUSE OF REPRESENTATIVES Amendment H.R. 4853, I would have voted and traditions. So, on behalf of myself, my staff and our Tuesday, December 21, 2010 ‘‘no.’’ On rollcall 648, Honoring the accomplish- Virgin Islands community all over the world, Mr. PERLMUTTER. Madam Speaker, I rise ments of Norman Yoshino Mineta, H. Res. we are very proud of Orlando as he continues today to honor and applaud Lisa Steven and 1377, I would have voted ‘‘yes.’’ to make a name for himself and the U.S. Vir- Amie Walton for their outstanding service to On rollcall 649, An act to enact certain laws gin Islands in the very competitive culinary our community. relating to public contracts as title 41, United world. Lisa and Amie are founders of Hope House. States Code, ‘‘Public Contracts’’, H.R. 1107, I f A place that provides a stable, loving home, would have voted ‘‘yes.’’ as well as programs to give young mothers On rollcall 650, Ike Skelton National De- CONGRATULATING KAPPA ALPHA the tools and skills they need to become self fense Authorization Act for Fiscal Year 2011, PSI FRATERNITY, INCORPO- sufficient. After working with teen moms they H.R. 6523, I would have voted ‘‘yes.’’ RATED ON ITS CENTENNIAL AN- soon found that many lived in fear, some were On rollcall 651, An act to establish a pilot NIVERSARY homeless, others hungry and many abused. program in certain United States district courts They searched for resources for these young to encourage enhancement of expertise in pat- HON. ALCEE L. HASTINGS women and found none. There began the vi- ent cases among district judges, H.R. 628, I OF FLORIDA sion for Hope House. would have voted ‘‘no.’’ IN THE HOUSE OF REPRESENTATIVES Hope House is now a place where young On rollcall 652, Providing for the sine die mothers and their children play and laugh, adjournment of the second session of the One Tuesday, December 21, 2010 heal wounds and learn skills for success in the Hundred Eleventh Congress, H. Con. Res. Mr. HASTINGS of Florida. Madam Speaker, future. Staff work to help mothers obtain their 336, I would have voted ‘‘yes.’’ I rise to congratulate Kappa Alpha Psi Frater- GED, master life skills and learn effective par- On rollcall 653, Providing for consideration nity, Incorporated on the historic milestone of enting skills. of the joint resolution (H.J. Res. 105) making 100 years of serving local and international Lisa and Amie say that ‘‘We wanted each further continuing appropriations for fiscal year communities. On January 5, 1911, Kappa young mom and child to know that there is no 2011, H. Res. 1776, I would have voted ‘‘yes.’’ Alpha Psi Fraternity, Incorporated (KAΨ) was

VerDate Mar 15 2010 02:31 Jul 23, 2011 Jkt 099060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\RECORD10\RECFILES\E21DE0.REC E21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE E2214 CONGRESSIONAL RECORD — Extensions of Remarks December 21, 2010 founded by ten distinguished, God-fearing, years old, living in a motel, and had reached of the land begun by Vernon’s ancestor Lewis high achieving, young African-American gen- a crossroads that would determine how the Clark and have helped to feed not only Ohio- tlemen who had the vision to foster leadership rest of his life would play out. He took advan- ans, but Americans and people from around through fraternal brotherhood and Christian tage of California’s unemployment benefits the world. American farmers are some of our ideals on the campus of Indiana University in program for 4 months that year and used that hardest working and best producing citizens Bloomington, Indiana. These men had the de- money to go back to school and become a who continue to find innovative ways to termination to defy customs in pursuit of a col- computer programmer. Mr. Ferguson thrived in produce crops and raise livestock. Today less lege education and professional careers dur- his new field and eventually settled in South than two percent of Americans earn their liveli- ing an oppressive time in American history for Carolina. hood on the land while that number is even African-Americans. Kappa Alpha Psi currently Last month, Dennis wrote a check for smaller in Ohio at less than one percent. yields a membership of over 150,000 college $10,000 to the State of California to repay the These numbers are contrasted to the forty trained men on more than 360 university cam- state for the assistance it had given him 40 percent of Americans who were engaged in puses, with alumni chapters located in 347 cit- years earlier. Today, I applaud Dennis Fer- agriculture in 1900. ies, and has representation in five foreign na- guson for this act of generosity, but I also Vernon and Carol Sloan have ingrained tions. share his story to remind the members of this their love of the land in their children and their Since its inception, the brothers of Kappa body about the real world impact unemploy- children’s children. The Sloans look forward to Alpha Psi have fostered relentless support to ment benefits have. passing on their farming heritage and tradition our country. Through programs such as Kappa Unemployment in California has been at to their family’s future generations to till the League and National Guide Right, the frater- more than 12 percent for the past 2 years. land and harvest the bounties of the earth. nity has provided thousands of at-risk youth in There are those in this body who have op- communities throughout the Nation with role Madam Speaker, I salute Vernon and Carol posed extending unemployment at every turn. models, mentors, and scholarships for higher Sloan on their faithfulness to the land and I have heard some say that unemployment education, which in return encourages our their family’s wonderful achievement on the benefits make people lazy. I have heard oth- youth to make positive contributions to society 175th anniversary of farming in Williams through leadership and service. Kappa Alpha ers say that if we just cut them off, people will County, Ohio. Psi holds an annual Holiday Food Drive to go out and get a job. Such statements show provide citizens of underserved communities a misunderstanding of what unemployment f benefits are for and how they can help with food, clothing, and toys throughout the MICHAEL ROBERT KINDIG United States. The men of Kappa Alpha Psi those—who through no fault of their own—lost also volunteer through hands-on partnerships their jobs and need a bridge to get back on with organizations such as Habitat for Human- their feet. HON. ED PERLMUTTER The most recent unemployment benefit ex- ity, St. Jude Children’s Research Hospital OF COLORADO tension ensured that 450,000 people in my (Memphis), and many more. IN THE HOUSE OF REPRESENTATIVES On any given day you can see the notable home state would not lose their benefits at accomplishments from the Kappa Alpha Psi Christmastime. They now have the chance to Tuesday, December 21, 2010 brotherhood in Congress. Each day, as mem- get back on their feet just like Dennis Fer- Mr. PERLMUTTER. Madam Speaker, I rise bers, we strive to ensure that our brotherhood guson did. These men and women don’t want today to recognize and honor Michael Robert continues to exemplify achievement in every a safety net, they want to work. They want to Kindig for the years of service to his brothers field of human endeavor. Kappa Alpha Psi be the ones responsible for putting food on and sisters. Michael passed away on August sponsors events such as ‘‘Kappas on Capitol the table, and a roof over their family’s heads. 9, 2010, after a battle with pancreatic cancer. Hill’’ to increase member awareness about the Sometimes circumstances arise beyond our Michael Kindig’s achievements are many, political process as well as an undergraduate control and we need temporary assistance particularly his leadership. As a member of the leadership institute to enhance the skills and while getting back on our feet. That is what board of the Denver local of the American abilities for the fraternity’s top student leaders. the unemployment program does. I think if you Federation of Television and Radio Artists, Madam speaker, in 1954, I made one of the ask Dennis Ferguson’s neighbors whether un- The International Brotherhood of Teamsters, best decisions of my life, I joined the noble employment benefits have a positive impact as a member of the National Board of Direc- clan of Kappa Alpha Psi, crossing the sands on a community, they will answer with a re- tors and President of the Colorado Branch of with Laurel Wreath holder Dr. W.H. Greene. sounding yes. the Screen Actors Guild, Organizer for the Since that wondrous time, I have enjoyed 56 I hope my colleagues who are critics of the Colorado Chapter of the National Alliance for years of involvement with our Bond. I am unemployment program will re-assess their Retired Americans and Editor of the Colorado awed and indebted to all of our Brothers. For thinking and stand up for their constituents the Labor Advocate for nearly twenty years, Mike us to celebrate 100 years is a crowning next time this body considers legislation im- worked diligently to advance the labor commu- achievement. I am extremely proud to be a pacting the unemployment benefits program. nity in Colorado. part of such a distinguished brotherhood that Michael was an alternate delegate to the continuously contributes to the improvement of f National Democratic Convention held in Chi- society. Again, I say congratulations to my CELEBRATING THE 175TH ANNI- cago in 1968, and spent the rest of his life brothers of Kappa Alpha Psi for 100 steadfast VERSARY OF VERNON AND dedicated to his political beliefs. He served in years of serving local communities and ele- CAROL SLOAN’S FARMING IN the U. S. Marine Reserves for six years. Mike vating the lives of collegiate men throughout WILLIAMS COUNTY, OHIO our great Nation. Kindig was a patriotic American. Michael’s father was declared missing in ac- f HON. ROBERT E. LATTA tion in Papua New Guinea in 1944, when Mi- HONORING DENNIS R. FERGUSON OF OHIO chael was three years old. He met his future IN THE HOUSE OF REPRESENTATIVES wife Patricia Gaffney when a search she had HON. LINDA T. SA´ NCHEZ initiated for her father, also declared missing Tuesday, December 21, 2010 in action in Papua New Guinea, yielded the OF CALIFORNIA Mr. LATTA. Madam Speaker, I rise today to remains of both men. After 55 and 56 years IN THE HOUSE OF REPRESENTATIVES honor and congratulate one of Ohio’s longest respectively, Major Earl R. Kindig and 2LT Tuesday, December 21, 2010 and continuous farming operations. The year George P. Gaffney, Jr., were buried with full Ms. LINDA T. SA´ NCHEZ of California. 2010 marks the 175th anniversary of Lewis military honors in Arlington National Cemetery Madam Speaker, I rise today to honor Dennis Clark homesteading and clearing the land in Washington DC. R. Ferguson, and to ask my colleagues who south of present day Stryker, in Williams Michael Kindig had a very large group of are not supporters of unemployment benefits County, Ohio. The deed for the conveyance of friends from many walks of life which is a tes- to listen to his story and learn about the real one hundred sixty acres of land is dated Octo- tament to the values he possessed. He will be value of this program. ber 7, 1835 and is granted under the signature remembered as a dedicated husband, father Dennis Ferguson lost his job with Douglas of President Andrew Jackson. Vernon and and friend committed to making his community Aircraft in Los Angeles in 1964. He was 26 Carol Sloan have carried on the stewardship a better place for all of us.

VerDate Mar 15 2010 02:31 Jul 23, 2011 Jkt 099060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\RECORD10\RECFILES\E21DE0.REC E21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 21, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E2215 RETIREMENT OF GENEVA YOUNG PERSONAL EXPLANATION passed away on December 8, 2010. Barylski FROM THE SOCIAL SECURITY fought for his country and survived the 1941 ADMINISTRATION HON. CAROLYN McCARTHY attack on Pearl Harbor. I am honored to stand OF NEW YORK in tribute to him. HON. JOSEPH CROWLEY IN THE HOUSE OF REPRESENTATIVES Barylski Sr., a Putnam, Connecticut native, Tuesday, December 21, 2010 was born in 1916 and enlisted in the U.S. OF NEW YORK Army in 1938. He was stationed in an obser- Mrs. MCCARTHY of New York. Madam vation tower high on Oahu at Pearl Harbor on IN THE HOUSE OF REPRESENTATIVES Speaker, I was unavoidably absent on Decem- the morning of December 7, 1941 when a sur- ber 17, 2010. If I were present, I would have Tuesday, December 21, 2010 prise Japanese attack left 2,402 Americans voted on the following: dead and 1,202 wounded. H. Res. 1377, Honoring the accomplish- Mr. CROWLEY. Madam Speaker, I rise After the attack, Barlyski Sr. stayed in Ha- today to pay tribute to an accomplished ments of Norman Yoshio Mineta—rollcall #648: ‘‘yea.’’ waii and helped rebuild the island until he was woman and a longtime leader in the Social honorably discharged in 1945. Barlyski often Security Administration, Geneva Young. Ms. Senate Amdt to H.R. 1107, To enact certain laws relating to public contracts as title 41, spoke of his experiences in the war, but al- Young is retiring as the Civil Rights and Equal United States Code, ‘‘Public Contracts’’—roll- ways remained modest about his accomplish- Opportunity Manager for the Social Security call #649: ‘‘yea.’’ ments. He was a lifelong member of the Put- Administration in the New York Region, after H.R. 6523, Ike Skelton National Defense nam American Legion Post 13 and Veterans being employed with Social Security for nearly Authorization Act for Fiscal Year 2011—rollcall of Foreign Wars No. 1523. 40 years. #650: ‘‘yea.’’ My thoughts and prayers are with the Over the years, Geneva has proven herself Senate Arndt to H.R. 628, To establish a Barylski family. Andrew Barlyski Sr. served his as a dedicated and committed employee to pilot program in certain U.S. district courts to country and led a remarkable life. I hope that the Social Security Administration and to the encourage enhancement of expertise in patent is a small comfort for his son Andrew Barylski American people. Starting her career with the cases among district judges—rollcall #651: Jr., his daughters Linda March and Gloria Social Security Administration as a Claims ‘‘yea.’’ Ghirarduzzi and six grandchildren and seven Representative in the Charlotte, North Caro- H. Con. Res. 336, Providing for the sine die great grandchildren as they cope with the loss of their father and grandfather. lina field office, Geneva moved up the ranks of adjournment of the second session of the One Hundred Eleventh Congress—rollcall #652: the Social Security Administration. After only 3 True American heroes deserve recognition ‘‘yea.’’ months on the job, Geneva moved to New for their accomplishments. Andrew Barlyski H. Res. 1776, Providing for consideration of York to work for the Social Security Adminis- witnessed a turning point in American history the joint resolution (H.J. Res. 105) making fur- and helped rebuild a devastated island in the tration in the New Rochelle Field Office. By ther continuing appropriations for fiscal year 1980, Geneva became an Operations Analyst wake of the Pearl Harbor attack. I ask my col- 2011 and for other purposes—rollcall #653: leagues to rise with me so that we may honor for the Social Security Administration and only ‘‘yea.’’ Andrew Barylski Sr. and celebrate the life of a 6 months later was promoted to Operations H.R. 2142, GPRA Modernization Act of true American hero. Supervisor. Geneva remained in the New Ro- 2010—rollcall #654: ‘‘yea.’’ chelle Field Office until January 1995, when H.R. 5510, Aiding Those Facing Foreclosure f she began working in the Office of the Re- Act of 2010—rollcall #655: ‘‘yea.’’ gional Commissioner as an Equal Employment f NICHOL WOOD Specialist. By 2007, she was promoted to the PERSONAL EXPLANATION position of Civil Rights and Equal Opportunity Manager for the Social Security Administration HON. ED PERLMUTTER HON. MIKE ROSS in the New York Region. It is in this role that OF COLORADO she is retiring today from the Social Security OF ARKANSAS Administration. IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES As Civil Rights and Equal Opportunity Man- Tuesday, December 21, 2010 Tuesday, December 21, 2010 ager for the New York Region, Geneva man- Mr. ROSS. Madam Speaker, on Friday, De- Mr. PERLMUTTER. Madam Speaker, I rise aged the equal opportunity program for the re- cember 17, 2010, I was not present for votes today to honor and applaud Nichol Wood for gion. As the regional authority on equal oppor- as I was attending the White House signing her outstanding service to our community. tunity, she has developed, administered and ceremony for H.R. 4853, the Tax Relief, Un- evaluated all Equal Employment Opportunity employment Insurance Reauthorization, and Nichol has always set the bar high for her- programs. She also has participated in the Job Creation Act of 2010. self. While working full time, raising two young agency’s policy-development process to create Had I been present for rollcall No. 652, H. sons, earning a college degree and doing it national policies and guidelines for Social Se- Con. Res. 336—Sine Die Adjournment, I with Cum Laude Honors many would find that impossible. curity on Equal Employment Opportunity mat- would have voted ‘‘aye.’’ ters and served as advisor to regional man- Had I been present for rollcall No. 653, H. Nichol excels not only in her personal goals, agement on the development and interpreta- Res. 1776—Rule providing for consideration of but in her professional life as well. As the H.J. Res. 105—Making further continuing ap- tion of policies and guidelines. Branch manager of the Bank of the West she propriations for fiscal year 2011, I would have exceeded all of her goals in a regional com- Throughout her years of serving the people voted ‘‘aye.’’ petition among branches earning first place in of the New York Region, Geneva has touched Had I been present for rollcall No. 654, H.R. customer service and loan production. many lives with her commitment to public 2142—Government Efficiency, Effectiveness, In addition to focusing on her children and service. She and her staff have worked tire- and Performance Improvement Act of 2009, I achieving at work, Nichol takes time to give lessly to recommend strategies to resolve con- would have voted ‘‘aye.’’ back to the community. She is involved in nu- troversial issues and plans. She also has or- f merous charitable events, including the March ganized, directed, staffed, carried out, and re- REMEMBERING AND HONORING of Dimes Walk for Babies, Kids Against Hun- viewed a positive management-oriented Equal THE LIFE OF ANDREW BARYLSKI ger Food Drive, Operation Hope, Junior Employment Opportunity program. Her serv- Achievement and Habitat for Humanity to ices will be greatly missed by her colleagues name a few. and friends. HON. JOE COURTNEY OF CONNETICUT I extend my deepest congratulations to I know what great change and improvement IN THE HOUSE OF REPRESENTATIVES Nichol Wood for her well deserved recognition Geneva has provided. I wish her good luck in by the West Chamber serving Jefferson Coun- her retirement, something she deserves after Tuesday, December 21, 2010 ty. I have no doubt she will exhibit the same her years of work and service to the Bronx Mr. COURTNEY. Madam Speaker, I rise dedication and character in all her future ac- community. today to honor Andrew Barylski Sr., who complishments.

VerDate Mar 15 2010 02:31 Jul 23, 2011 Jkt 099060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\RECORD10\RECFILES\E21DE0.REC E21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE E2216 CONGRESSIONAL RECORD — Extensions of Remarks December 21, 2010 MEMORIAM FOR ANNA SUGI, COM- PERSONAL EXPLANATION Why should I be out of your mind because I MUNITY LEADER AND HEALTH am out of your sight? I am but waiting for you, CARE VISIONARY HON. CATHY McMORRIS RODGERS for an interval, somewhere very near, just OF WASHINGTON around the corner. All is well. Nothing is past, HON. JERRY LEWIS IN THE HOUSE OF REPRESENTATIVES nothing is lost. One brief moment and all will be as it was before, only better, infinitely OF CALIFORNIA Tuesday, December 21, 2010 IN THE HOUSE OF REPRESENTATIVES happier and forever—we will be one with God. Mrs. MCMORRIS RODGERS. Madam Tuesday, December 21, 2010 f Speaker, on rollcall No. 652 on, H. Con. Res. Mr. LEWIS of California. Madam Speaker, I 336, on Agreeing to the Resolution, Providing JEANETTE TRUJILLIO-LUCERO would like to join today with my friend and col- for the sine die adjournment of the second league Congressman BUCK MCKEON in a me- session of the One Hundred Eleventh Con- HON. ED PERLMUTTER moriam to Anna Sugi, a community leader and gress, I am not recorded because I was ab- OF COLORADO pioneering advocate for women’s health sent because I gave birth to my baby daugh- IN THE HOUSE OF REPRESENTATIVES issues in her hometown of Apple Valley, Cali- ter. Had I been present, I would have voted Tuesday, December 21, 2010 fornia. Ms. Sugi passed away Dec. 16, but will ‘‘nay.’’ Mr. PERLMUTTER. Madam Speaker, I rise be long-remembered by her friends and sup- Madam Speaker, on rollcall No. 653 on, H. today to honor and applaud Jeanette Trujillo- porters. Res. 1776, on Agreeing to the Resolution, Lucero for her outstanding service to our com- A native of Brindisi, Italy, Anna Sugi came Providing for consideration of the joint resolu- to Apple Valley in 1982, when her husband munity. tion making further continuing appropriations Jeanette has been committed to the preser- Ron Sugi was stationed at the former George for fiscal year 2011, and for other purposes, I vation of the cultural traditions of the Mexican Air Force Base in California’s High Desert re- am not recorded because I was absent be- and Spanish dance and music arts for its com- gion. cause I gave birth to my baby daughter. Had munity. She has strived to create an under- After an education in health care, Anna Sugi I been present, I would have voted ‘‘nay.’’ standing and appreciation of the Latino culture took a job as an office clerk in a local medical Madam Speaker, on rollcall No. 654 on, through educational programs and profes- office. Over 20 years, she worked her way up H.R. 2142, on Motion to Suspend the Rules sional performance. to become the chief administrative officer of and Concur in the Senate Amendment, GPRA Jeanette founded the Colorado Fiesta Choice Medical Group, a High Desert medical Modernization Act of 2010, I am not recorded Dance Company in 1972. Her Lakewood provider that has specialized in women’s because I was absent because I gave birth to based studio impacts over sixty thousand peo- health. Under her leadership, the group estab- my baby daughter. Had I been present, I ple through educational outreach and perform- lished a Health and Wellness Center in 2008, would have voted ‘‘nay.’’ ances. Jeanette’s outreach programs include a focusing on helping women through the proc- Madam Speaker, on rollcall No. 655 on, full array of offerings tailor made for grades K– ess of aging. H.R. 5510, on Motion to Suspend the Rules 12 where students discover the Hispanic arts Working to expand health outreach efforts to and Pass, as Amended, Aiding Those Facing and come to understand the roots of the cul- the all members of the community, Anna Sugi Foreclosure Act of 2010, I am not recorded ture and its traditions. in 2000 founded the Today’s Woman Expo. because I was absent because I gave birth to I extend my deepest congratulations to Jea- The first events drew a few hundred people my baby daughter. Had I been present, I nette Trujillo-Lucero for her well deserved rec- for information on preventive health care and would have voted ‘‘nay.’’ ognition by the West Chamber serving Jeffer- providing tools to help women improve their Madam Speaker, on rollcall No. 656 on, S. son County. I have no doubt she will exhibit lives and physical well-being. 3874, on Motion to Suspend the Rules and the same dedication and character in all her The event has grown tremendously, serving Pass, Reduction of Lead in Drinking Water future accomplishments. more than 2,000 women annually in the past Act, I am not recorded because I was absent f few years. They are provided free breast because I gave birth to my baby daughter. exams, career counseling and an expanding Had I been present, I would have voted ‘‘nay.’’ IN HONOR OF F. MIKE MILES range of services. Today’s Woman is now a f non-profit foundation that provides health HONORING FERNANDO JOSE HON. DOUG LAMBORN screenings throughout the year and raises OF COLORADO MOLLEDA RAMIREZ funds for scholarships and grants to High IN THE HOUSE OF REPRESENTATIVES Desert women. Beyond her pioneering work with the Expo, HON. THOMAS S.P. PERRIELLO Tuesday, December 21, 2010 Anna Sugi has served on the Chamber of OF VIRGINIA Mr. LAMBORN. Madam Speaker, I rise Commerce Legislative Committee and is a 13- IN THE HOUSE OF REPRESENTATIVES today to honor Mr. F. Mike Miles—the Super- year member of Rotary International Victorville intendent of Harrison School District Two in Chapter. She has worked with High Desert Tuesday, December 21, 2010 Colorado Springs, Colorado. Mike is an inno- Resources Network on programs to fight child- Mr. PERRIELLO. Madam Speaker, I rise vative educator who has brought sweeping hood obesity. She was honored in 2009 by the today in honor of Fernando Jose Molleda Ra- changes to the students and teachers in his Victorville Daily Press as one of the area’s mirez, who was with us from December 21, district. Our local newspaper, the Colorado Most Inspiring Women. 1976 through August 22, 2008. Springs Gazette notes, ‘‘local and state edu- Even as she became a leader in bringing Beloved son of Oscar and Elia Molleda; lov- cators are watching because Miles is in the women’s health care to the entire community, ing brother to Diego and Diana. You are dear- vanguard of educators nationwide who are Anna Sugi waged her own quiet battle against ly missed by your family and friends for the using controversial techniques in an attempt to breast cancer. Yet she continued working hard profound way you touched our lives and al- turn around failing schools.’’ Most recently, on expanding women’s health services until ways sought to bring out the best in us. Your Miles implemented the most rigorous and in- dying peacefully at age 50. In addition to her efforts will be long remembered and will con- novative pay-for-performance plan in the Na- legacy of service, Ms. Sugi leaves a personal tinue to drive us in the future to exceed our tion. legacy in her children, Mark and Michelle, who expectations of what we are capable of ac- Mike, who was born in the Panama Canal will both graduate from UCLA Medical School complishing. Zone, was one of eight children born to retired in June and plan to continue her work in com- I have only slipped away into the next room. Army Sergeant Major Floyd Miles and his wife, munity health. Whatsoever we were to each other, that we Chiyo. Mike and his siblings worked hard in Madam Speaker, Anna Sugi was respected are still. Call me by my old familiar name, school and promised their father when he de- and loved throughout the High Desert region. speak to me in the easy way which you al- ployed to Vietnam that they would all graduate A group of physicians have already raised ways used to. Laugh as we always laughed at from college. All of them did. $35,000 for the Anna Sugi Endowment Fund the little jokes we enjoyed together. Play, After graduating as valedictorian from Foun- to provide scholarships for needy students. I smile, think of me, pray for me. Let my name tain-Fort Carson High School, he earned a de- ask my colleagues to join Congressman be the household word that it always was. Let gree in engineering from West Point, where he MCKEON and me in offering condolences to it be spoken without effort. Life means all that was eighth in his class. He then joined the her family, and in praising the life and legacy it has ever meant. It is the same as it ever ranks of the officer corps at Fort Lewis, Wash- of this community leader. was, there is absolutely unbroken continuity. ington, where he served in the Army’s elite

VerDate Mar 15 2010 02:31 Jul 23, 2011 Jkt 099060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\RECORD10\RECFILES\E21DE0.REC E21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 21, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E2217 Ranger Battalion and commanded an Infantry held accountable for improving the quality of Development and the achievement of the Mil- Rifle Company. instruction and raising student achievement; lennium Development Goals, particularly the During a night training exercise at Fort and Creating a culture of instructional feed- importance of respect for the human rights of Lewis, Mike was nearly killed in a C–130 back in which classroom instruction is ob- women and greater investments in education crash. The fuselage of the plane split open as served and effective feedback is given regu- and health for the eradication of extreme pov- the plane skidded 200 yards and embedded in larly and consistently. erty and hunger. Moreover, she has a deep the desert floor. Mike recalls, ‘‘I felt my hand The district cites these other achievements and abiding commitment to supporting and ad- break, in three places, and smelled dirt and during Mike’s time as superintendent: District vocating gender equality and the empower- was knocked unconscious.’’ He was buried removed from state academic probation; Sig- ment of women, and giving voice to countless under the dirt with only his arm showing. Two nificantly improved test scores; Decreased the women, men and youth around the world to fellow rangers dug him out and helped him minority achievement gap; Improved teacher participate in enhancing their reproductive crawl from the wreckage as the plane ex- effectiveness, including removing ineffective, health and well-being. ploded into flames. tenured teachers from the district; and Created Under Thoraya’s leadership, UNFPA has After the Army, Mike studied Slavic lan- the only public year-round school in the area. been a model within the U.N. system on work- guages at the University of California at Despite enormous resistance from the ing in collaboration with civil society partners Berkeley and the University of Leningrad in teacher’s association in the district, Mike and around the world to ensure that culture and Russia. Mike then pursued advanced study of the school board have not backed down from rights are central to all development efforts. Soviet affairs and public policy at Columbia putting children first. I admire his focus and For example, under Thoraya’s watch, University after being selected as a Mellon fortitude in fighting for the school children of UNFPA’s Campaign to End Fistula is now Fellow in the Humanities and winning a Na- Colorado Springs. I commend him for his suc- working in over 47 countries with doctors, mid- tional Science Foundation Graduate Scholar- cess and urge professional educators across wives, advocates, community leaders and pol- ship. the country to study his record of success as icymakers to make obstetric fistula as rare in Mike graduated from Columbia University in they look for ways to better educate our young the developing world as it is in the United 1989 and joined the U.S. State Department as people. States. a Presidential Management Intern. He handled Mike is married to Karen Miles, and they a portfolio usually reserved for more senior of- have three children: Nicholas, Madeleine, and Thoraya has accomplished much for the ficials at the Soviet Desk, making policy rec- Anthony. world’s women and their families with grace, ommendations and writing talking points for Madam Speaker, I thank you for allowing humility, compassion and professionalism. In the Secretary of State regarding German re- me this opportunity to pay tribute to Mike retirement, she will be returning to the region unification, chemical weapons, NATO, and Miles for his success in improving the lives of of her birth to continue to be a vocal and pas- other issues. While at the State Department, our children. sionate advocate for the most vulnerable and Mike became a Foreign Service Officer. f marginalized. As a diplomat in Warsaw, Poland, Mike This remarkable and much admired leader IN HONOR OF THE WORK OF tracked Poland’s evolving relations with Rus- will be greatly missed in the United Nations THORAYA AHMED OBAID, EXECU- sia and the countries of Eastern Europe. He but I am confident we will continue to hear her TIVE DIRECTOR OF THE UNFPA analyzed the strength of the post-Communist strong and clear voice for women’s well being Party, correctly predicting its return to political for many years to come. power in 1993. A tour in Moscow followed. As HON. CAROLYN B. MALONEY I personally thank Thoraya for her vast and special assistant to the U.S. Ambassador to OF NEW YORK tremendous contributions to the world’s Russia, Mike helped coordinate the Embassy’s IN THE HOUSE OF REPRESENTATIVES response to critical events during a time when women. Tuesday, December 21, 2010 Russia’s relationship to the U.S. in a post-Cold War world was as yet undefined. He received Mrs. MALONEY. I rise today to celebrate f the State Department’s Meritorious Service the extraordinary leadership and work of KITTY PRING Medal in 1994. Thoraya Ahmed Obaid, Executive Director of The Cold War largely won, Mike and his the UNFPA, United Nations Population Fund. family decided to return home. He honored his Thoraya Ahmed Obaid will retire as Execu- commitment to continue to serve the public in- tive Director of the UNFPA, United Nations HON. ED PERLMUTTER terest and entered the field of education. Mike Population Fund, at the end of this year. For OF COLORADO has assumed leadership roles to raise aca- over a decade, Thoraya has been an excep- IN THE HOUSE OF REPRESENTATIVES demic standards in his school district and the tional and dynamic leader of this important State of Colorado. Mike also serves as an U.N. agency and key partner to the United Tuesday, December 21, 2010 educational consultant and motivational speak- States. er for school districts and other public organi- Thoraya has had a remarkable life and ca- Mr. PERLMUTTER. Madam Speaker, I rise zations around the State. He is recognized as reer where she was often the ‘‘first’’ trail- today to recognize and applaud Kitty Pring for an accomplished practitioner of curriculum blazing a path for others. Born in Saudi Ara- her service to our community. alignment, organizational effectiveness, and bia, her father made sure that she received Kitty balances her involvement in the com- systems thinking. the same educational opportunities as her munity, her profession and her passions with Over the past 5 years Mike and the Har- brothers—sending her at age 7 to a Christian skill and perfection. Professionally, she is a rison School District Two School Board have boarding school in Cairo, Egypt. She excelled mediator and facilitator and is a Principal of been on a quest to turn around the chronically in her studies and became the ‘‘first’’ Saudi ReSolutions Resources, which is an alter- underperforming Harrison School District Two. girl to receive a government scholarship to at- native dispute resolution practice. Kitty has More than 70 percent of the 11,300 students tend Mills College in California, where she been the recipient of many awards including are living below the poverty line and many are graduated with distinction. Small Claims Mediator of the Year, Victim Of- at risk of dropping out. Thoraya became the ‘‘first’’ Saudi Arabian fender Mediator of the Year and the Jefferson Their systemic reforms of the school district let alone Saudi woman to head a U.N. agen- County Mediation Service Award. include: Developing and implementing a rig- cy. At UNFPA, Thoraya has effectively imple- orous pay-for-performance evaluation system; mented and advocated for UNFPA’s global Her dedication to the environment is evident Changing the recruitment paradigm by identi- mandate to ensure that every pregnancy is through her work locally and globally. She co- fying teacher candidates early and investing in wanted, every birth is safe, every young per- authored the University of Denver Study Book, their training and preparation in return for a son is free of HIV and AIDS, every girl, ‘‘Greening Justice: Creating and Improving En- commitment to teach in the school district; Pi- woman and young person is treated with dig- vironmental Courts and Tribunals’’ which is a loting a Year 2020 curriculum in a middle nity and respect, and that policies for poverty step by step guide provided at no cost. school and high school in which students learn eradication are based on sound data. I extend my deepest congratulations to Kitty critical thinking, information literacy, econom- Thoraya has played a pivotal role in pro- Pring for being honored by the West Chamber ics and globalization, math and science rea- moting understanding of the close linkages be- serving Jefferson County. I have no doubt she soning, Chinese, and the arts; Developing tween the implementation of the agenda of the will exhibit the same dedication and character principals and instructional leaders who are International Conference on Population and in all her future accomplishments.

VerDate Mar 15 2010 02:31 Jul 23, 2011 Jkt 099060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\RECORD10\RECFILES\E21DE0.REC E21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE E2218 CONGRESSIONAL RECORD — Extensions of Remarks December 21, 2010 REFLECTIONS ON REPRESENTING life and always will. I remember the votes on The Chief of Staff is a challenging job: you THE 27TH CONGRESSIONAL DIS- war... on economic justice. The battles for need to not only be able to see the big pic- TRICT OF TEXAS bases and 21st Century transportation in ture, but also the details. Louis has the ability South Texas... fights and alliances with to row but also to steer. He has mastered the HON. SOLOMON P. ORTIZ White House occupants... all I remember policy, politics and management aspects of OF TEXAS and savor—whether my side prevailed or not. the job. This is a great place—despite the IN THE HOUSE OF REPRESENTATIVES Louis has said that there may be people shortcomings... despite the pettiness of our that are smarter than his is, but there are few Tuesday, December 21, 2010 members from time to time, and despite the that are willing to work harder than he is. That Mr. ORTIZ. Madam Speaker, I rise today to dangerous political climate created by those drive and preparation has paid off, and I have express my deepest and most sincere appre- who turned cable news shows into political been the beneficiary. ciation to my colleagues of this Congress, and juggernauts. Democracy is by no means When he’s not overachieving at work, he the constituents of South Texas, which has perfect... but it still beats all the alter- may be doing it in the kitchen, where he loves been part of my life while representing the natives. to impress family and friends with his com- 27th Congressional District of Texas for close I leave the national stage, certain of having mand of the culinary arts. to 28 years. I have had the distinct honor to done the right thing for those I represented. In Louis, I thank you for all your counsel and serve as an elected official for the past 46 the thousands of votes I cast in Congress for tireless efforts, and I thank Stacey, Max, and years, beginning at the ripe age of 27 as a the 27th Congressional District of Texas, time Caleb for their support. I will certainly miss and time again, I voted to make South Texas County Constable, County Commissioner, working with you day to day. County Sheriff, and finally as a Member of and this nation a better and stronger place. Congress. I end my public service with an appropriate f verse from Robert Frost’s ‘‘The Road Not I leave many great memories of my time in PERSONAL EXPLANATION the Halls of Congress and in the U.S. House Taken.’’ of Representatives. Those vivid memories of I shall be telling this with a sigh my arrival that cold winter day in Washington, Somewhere ages and ages hence: HON. LOIS CAPPS Two roads diverged in a wood, and I— shortly after the victorious election of 1982, OF CALIFORNIA I took the one less traveled by, will live on forever. I remember driving around And that has made all the difference. IN THE HOUSE OF REPRESENTATIVES the Capitol and through Washington, DC; the It certainly has made all the difference. Tuesday, December 21, 2010 opportunity was great; the moment was there; I yield back my time, for the last time. I had been granted the chance to represent Mrs. CAPPS. Madam Speaker, I was not hundreds of thousands of constituents from f able to be present for the following rollcall vote on December 17, 2010, and would like the Deep South Texas. RECOGNIZING THE CONTRIBU- record to reflect that I would have voted as fol- Today, as I retire from the distinguished TIONS OF LOUIS FINKEL TO THE lows: rollcall No. 656: ‘‘yes.’’ House of Representatives, I reflect on the past HOUSE COMMITTEE ON SCIENCE with satisfaction as I look forward to the future AND TECHNOLOGY f with enthusiasm for the next chapter of what life has to offer. I will be spending well de- REDUCTION OF LEAD IN DRINKING served time with my beautiful children—Sol- HON. BART GORDON WATER ACT omon Jr. and Yvette—as well as my grand- OF TENNESSEE son, Oscar, and the rest of my family. I look IN THE HOUSE OF REPRESENTATIVES SPEECH OF forward to a much less hectic life. I must Tuesday, December 21, 2010 admit, I will miss my colleagues—both Demo- HON. JOE BACA Mr. GORDON of Tennessee. Madam OF CALIFORNIA crats and Republicans—and will miss rep- Speaker, I rise today to recognize the service IN THE HOUSE OF REPRESENTATIVES resenting some of the most loving, caring, of a valued staff member of the Committee on amazing and interesting people of Texas—the Science and Technology, my Chief of Staff, Friday, December 17, 2010 constituents of the 27th Congressional District Louis Finkel. While Louis still has decisions to Mr. BACA. Mr. Speaker, I ask unanimous of Texas. make about his future, I’ve already made my To my friends, supporters and those who consent to address the House for one minute. choice. He may remain with the Committee or I rise in strong support of S. 3874, the Re- have been with me since I was first elected to with the House, but after next week, I no office in 1964 at the age of 27, from the very duction of Lead in Drinking Water Act. This bill longer will and I wanted to take this oppor- amends the Safe Drinking Water Act to uni- bottom of my heart, I thank you for standing tunity to thank him for his service. formly reduce the allowable lead content in by me and with me through it all. Words can- Louis worked for me in my personal office solder, flux, pipe and fixtures. not tell how much I appreciate the love and from 1996 to 2001 in several positions, includ- It is important to strengthen and clarify na- support you have shown me and my family ing Legislative Director. He also worked in the tional standards for lead in drinking water. Our over the years. Thank you for the good memo- office of former Representative Peter Deutsch ries and endless accomplishments; thank you (D–FL) and in the private sector, representing families and children should feel comfortable for your vote of confidence and for believing in the interests of educational institutions, non- knowing that the water they drink is safe. In me; thank you for your love and words of en- profits, and technology and energy companies. my district, California’s 43rd, we are faced with couragement as I worked to be the voice for Louis was one of the first hires I made when many water issues and the most severe is all the people of South Texas, including mi- we took over the majority. I have always said perchlorate found in our ground water. Our norities, the middle class, poor, vulnerable, I wanted this to be the Committee of ‘‘good drinking water was compromised. and less fortunate. ideas and consensus;’’ and Louis was key to No one should have water compromised by As I deliver these last few words in the implementing that pledge, with his balance of perchlorate or lead. This bill is a positive step House of Representatives, I am at ease and Hill and private sector experience. He was re- forward in eliminating the serious health peace with myself, my family, my colleagues sponsible for steering our committee agenda threats and economic burdens caused by lead in Congress, my constituents, life and most and organizing our efforts to reach out to folks exposure. importantly, I am at ease with God. I truly be- interested in the business of the committee. In California, we have a new lead free lieve that through our work and significant He performed that exceedingly well, and when standard that requires manufacturers to phase contributions during my years of service in my long-time Chief of Staff retired, there was out potential exposure from materials in drink- Congress, we leave South Texas better than no one but Louis I could think of to fill the role. ing water plumbing by this year. With S. 3874, before. A more vibrant, economic-friendly and He was able to provide a seamless transition families in other states will have greater pro- socially developed South Texas. Through the and we didn’t miss a beat. It helped that he tection from lead exposure. work of local, county, state and federal offi- came into the Chief of Staff role with a deep I urge my colleagues to show their commit- cials we were able to accomplish great deeds. knowledge of the Committee’s work, as well ment to the safety of America’s families and Thousands of memories from experiences in as the respect of Members, staff, and the out- support S. 3874, the Reduction of Lead in my service remain part of the tapestry of my side community. Drinking Water Act.

VerDate Mar 15 2010 02:31 Jul 23, 2011 Jkt 099060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\RECORD10\RECFILES\E21DE0.REC E21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 21, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E2219 MICAH SPRINGER I join others in south central Wisconsin in U.S. As such, conditional nonimmigrants recognizing the achievements of the players, under the DREAM Act should be considered HON. ED PERLMUTTER coaches, students, alumni, and staff who were as’ residents of the states that they reside in OF COLORADO vital in helping the UW-Whitewater Warhawks when considering tuition rates at public institu- IN THE HOUSE OF REPRESENTATIVES win another national football championship. tions of higher education, as long as they Tuesday, December 21, 2010 f meet all other residency requirements for in- state tuition. Mr. PERLMUTTER. Madam Speaker, I rise H.R. 5281, DEVELOPMENT, RELIEF, By passing this legislation, we can reward today to recognize and applaud Micah Spring- AND EDUCATION FOR ALIEN MI- smart, civic-minded, goal-oriented students er for her outstanding service to our commu- NORS and provide access to the American dream. nity. Let’s not punish students and the future of For Micah, Yoga is the means to express HON. GEORGE MILLER this country. passion, joy, sorrow and all aspects of vitality. OF CALIFORNIA I urge all of my colleagues to support this Her studio began in 1999 in the basement of IN THE HOUSE OF REPRESENTATIVES bill. her home and has grown to a three facility f business. Tuesday, December 21, 2010 In her Golden studio, Micah is collaborating Mr. GEORGE MILLER of California. Madam HONORING STEPHAN with the Colorado School of Mines. She Speaker, I rise today in support of the DREAM PASSALACQUA learned of the high suicide rate among college Act. students, and saw an opportunity to provide a This is common sense, bipartisan legislation HON. MIKE THOMPSON meditative, non-competitive activity. She has that is a win for our economy. OF CALIFORNIA created a Yoga program that counts for school First, in this economy, we need the best, the IN THE HOUSE OF REPRESENTATIVES credit and introduces young people to the ben- brightest, the most capable and the most Tuesday, December 21, 2010 efits of Yoga. qualified to be a part of the American work- I extend my deepest congratulations to Mr. THOMPSON of California. Madam force. Speaker, I rise today with my colleague, Con- Micah Springer for being honored by the West This legislation will allow a limited group of Chamber serving Jefferson County. I have no gresswoman LYNN WOOLSEY, to recognize and very capable, high achieving young people to honor Sonoma County District Attorney doubt she will exhibit the same dedication and help contribute to the economic well-being of character in all her future accomplishments. Stephan Passalacqua, who is retiring after a this country. 22-year career as a County Prosecutor. For f These are young people who didn’t come to the past eight years, Mr. Passalacqua served HONORING THE UNIVERSITY OF this country through their own free choice. as Sonoma County’s elected District Attorney. WISCONSIN-WHITEWATER FOOT- But, they are young people who have As District Attorney, Mr. Passalacqua was BALL TEAM FOR WINNING THE worked hard to graduate high school or obtain instrumental in obtaining $1.4 million in grant NCAA DIVISION III NATIONAL a GED. funding and private donations to create the CHAMPIONSHIP These are young people who have contrib- Family Justice Center of Sonoma County, uted to their communities and to this country. which will be a lasting testament to his service HON. TAMMY BALDWIN If we turn our backs on these students, then to his community. we’re turning our backs on a qualified and He also hosted the first statewide Gang OF WISCONSIN competitive workforce. IN THE HOUSE OF REPRESENTATIVES Summit and launched an educational gang Second, Madam Speaker, simply put, this prevention program in partnership with Boys Tuesday, December 21, 2010 legislation is the right thing to do. and Girls Clubs. This was the first program in Ms. BALDWIN. Madam Speaker, I rise Critics who argue that the DREAM Act the nation to be taught by prosecutors. today to honor the University of Wisconsin- would diminish opportunities for students in His other innovations included co-hosting a Whitewater football team for completing an this country with full citizenship must not know Sonoma County Environmental Awareness undefeated season and winning the NCAA Di- anything about our colleges and universities. Forum, hosting multiple Elder Protection Sum- vision III National Championship. The victory Our Nation’s higher education institutions mits, and partnering with community groups to marks the Warhawks’ third national title in the have the capacity to welcome these students, host forums on Internet Safety, Identity Theft last four years. as many already do, without closing the door and Mortgage Fraud. UW-Whitewater has achieved tremendous for other students. He also initiated the first organized activities success on the football field—winning six This Congress has passed historic legisla- acknowledging National Crime Victims Rights straight Wisconsin Intercollegiate Athletic Con- tion to increase college access and oppor- Week in Sonoma County, which has now be- ference (WIAC) championships and earning tunity for all students. come an annual event. The hallmark of his six consecutive NCAA Division III playoff The bill before us today continues to provide tenure as District Attorney has been his insist- berths. During a remarkable run under Coach that access to a higher education not only by ence that victims are treated with respect and Lance Leipold, the team has amassed a providing these students a path to citizenship, dignity. He continually worked to raise aware- record of 57 and 3 and won 30 consecutive but allowing them access to critical student aid ness of victims’ rights, to help victims become games. On December 18, 2010, the through loans and work-study. survivors and to reduce and prevent victimiza- Warhawks defeated the University of Mount The financial cost of a higher education is tion at the onset. Union Purple Raiders in the 2010 Amos too often a barrier to attending higher edu- He has served on several professional Alonzo Stagg Bowl to win their second con- cation. boards, including the Institute for the Advance- secutive national title. It is critical that this bill ensures access to ment of Criminal Justice, the Board of Direc- UW-Whitewater Chancellor Richard Telfer student aid, and gives students a chance at tors of the Sonoma County Bar Association, and Athletic Director Paul Plinske have fos- affording a higher education. the Santa Rosa Mayor’s Gang Prevention tered a culture of excellence that extends into It is important to note that this bill allows Task Force, and as a Professor of Elder Pro- the classroom. Over the years, 80 Warhawk students to enter into a conditional non- tection Law at Empire College School of Law. student-athletes have been named WIAC immigrant status for an initial period of 5 Mr. Passalacqua was born and raised in Scholar Athlete of the Year for their sport. In years, which shall be extended for an addi- Sonoma County and he is firmly rooted in his addition, UW-Whitewater student-athletes tional five years as long as they have fulfilled community. In addition to his professional du- have achieved a higher grade point average all requirements for extension. ties, Mr. Passalacqua has served on the than the student body at large. After 10 years in this conditional status, eli- Board of Directors of the Valley of the Moon The Warhawks could not have reached the gible students may apply for lawful permanent Children’s Foundation, the Rotary Club of zenith of Division III college football without a residence. Once applicants receive conditional Santa Rosa, the Advisory Board of Kidstreet steadfast fan base. Students, alumni, faculty, non-immigrant status, DREAM Act partici- Learning Center, the Board of Directors of the staff, and local supporters flood Perkins Sta- pants, like lawful permanent residents and un- Community Support Network of Santa Rosa dium wearing the purple and white to cheer on like many nonimmigrants, are considered to and as a mentor with Social Advocates for their team. Many loyal fans even traveled to be residing in the United States lawfully with- Youth. Salem, Virginia to watch the Warhawks win out being required to maintain a residence Madam Speaker, after 22 years of public the 2010 Stagg Bowl. outside the U.S. or have an intent to leave the service to the people of Sonoma County,

VerDate Mar 15 2010 02:31 Jul 23, 2011 Jkt 099060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\RECORD10\RECFILES\E21DE0.REC E21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE E2220 CONGRESSIONAL RECORD — Extensions of Remarks December 21, 2010 Stephan Passalacqua deserves to enjoy the Hazel has been instrumental in imple- second, to prevent Stalin from liquidating riches of this new phase of his life as a water menting many community programs including and/or deporting nearly 400,000 partisans who and transportation consultant. We wish him PropertyLink which is a website local commer- were still in the forests of Poland waiting to fight. The elections were stolen through bla- well. cial business can use to search for land, as tant fraud; but aim two was achieved: f well as retail and industrial space within the Mikolajczyk ‘‘bought’’ safe passage for the city. She also helped to implement JobLink partisans and averted a bloodbath. INTRODUCTION OF THE ‘‘OIL which enables businesses within the city to Along the way thugs from the infamous UB SPILL VICTIMS REDRESS ACT’’ post open positions. (security service) made two attempts on When Hazel received the Pioneer Award, Paul’s life; and soon it became clear that she was described as a true modern day pio- Mikolajczyk, himself, would be tried as a HON. EDWARD J. MARKEY traitor or liquidated. Both men escaped in OF MASSACHUSETTS neer; a visionary who ventures into the un- 1947 and returned to the west where they IN THE HOUSE OF REPRESENTATIVES known, creating new opportunities for herself launched a high-profile campaign to warn and others and encouraging others to explore Tuesday, December 21, 2010 the west about the fate of Poland. Arch- new areas of thought. bishop Francis Spellman arranged for rooms Mr. MARKEY of Massachusetts. Madam I extend my deepest congratulations to at the Waldorf Astoria where Mikolajczyk Speaker, the Oil Spill Victims Redress Act that Hazel Hartbargar for her well deserved rec- wrote his bestseller—‘‘The Rape of Poland.’’ I am introducing today with the gentlewoman ognition by the West Chamber serving Jeffer- The famous sports writer, Bob Considine, helped as did Paul. The book and the heavy from Florida, Ms. CASTOR, would help protect son County. I have no doubt she will exhibit those Gulf Coast residents who have seen speaking schedule Mikolajczyk kept up were the same dedication and character in all her influential in getting Congress to investigate their livelihoods destroyed by the BP Deep- future accomplishments. the Katyn Forest Massacre in 1951–52. That water Horizon oil spill. f probe established a record and body of evi- This legislation would clarify that people dence that stands even today. It concluded who have suffered economic harm as a result HONORING PAUL ZALESKI that the Russians had brutally murdered of the BP spill can seek to pursue claims from thousands of Polish officers in the spring of all of the companies involved in the disaster in HON. MARCY KAPTUR 1940. state court. The companies involved in the Paul’s symbiotic relationship with OF OHIO Mikolajczyk heavily influenced his life. Not spill, including Halliburton and Cameron, have IN THE HOUSE OF REPRESENTATIVES long before the war Paul earned a law degree argued that the Oil Pollution Act preempts Tuesday, December 21, 2010 from Jan Kazimierz University in Lwow and state law and, as a result, that all state law became an organizer with the Peasant Party claims brought by the victims of the spill Ms. KAPTUR. Madam Speaker, I would like (Stronnictwo Ludowe) then headed by should be dismissed or removed to federal to bring to the attention of my colleagues a Mikolajczyk. After his escape from Poland, court. Some of these companies, such as Hal- tribute to Mr. Paul Zaleski who passed from Paul went to France where Mikolajczyk was liburton and Cameron, have even argued that this life on November 24 at the age of 95. This serving in the leadership of the Government they should be exempt from all suits because tribute was written by noted author and histo- in Exile. He sent Paul as an emissary to Bu- rian, Allen Paul, whose books include ‘‘Katyn: charest and later to Istanbul. When the Ger- they are not responsible parties as defined mans invaded Russia in 1941, the Poles and under the OPA. Stalin’s Massacre and the Triumph of Truth.’’ Russians reestablished diplomatic relations; To be clear, the underlying statute, the Oil As Mr. Paul points out, Mr. Zaleski epitomized and Paul was sent to help open the new em- Pollution Act, already clearly provides for the courage of his generation of extraordinary bassy in Kuybyshev. Two years later the re- claims brought in state court and was not in- Poles who came to the U.S. after the terror lationship fell apart over the Katyn crisis tended to preempt state law. The Act clearly and broken dreams unleashed by World War and Paul helped get the embassy staff out of states that ‘‘nothing in this Act . . . shall af- II. I, too, had the privilege of meeting him on the U.S.S.R. They took the southern route fect, or be construed or interpreted to affect or May 5 of this year at a 70th anniversary ob- which meant the convoy had to cross ‘‘The servance of the Katyn Forest Massacre, at the Roof of the World’’—the Pamir Mountains— modify in any way the obligations or liabilities to get to Persia. Paul then crossed the Mid- of any person under . . . State law, including Library of Congress. Paul Zaleski may well dle East and rejoined Mikolajczyk where the common law.’’ have been the last link here in the U.S. to the Government in Exile moved after Dunkirk. However, in light of the legal arguments Polish Government in Exile. May his family He was at Mikolajczyk’s side—often when he proffered by the companies involved in this and friends be comforted in the knowledge he met Churchill and other world leaders—and disaster, the legislation that we are introducing lived to see the fall of the Berlin Wall, Soli- remained there until Mikolajczyk died in today would further clarify the ability of people darity whose 30th anniversary we commemo- 1966. rate this year, and Poland admitted to NATO. His exploits notwithstanding, Paul still to seek compensation in state court. We must had to earn a living after immigrating to the ensure that we do not forget about the people A TRIBUTE TO PAUL ZALESKI United States. His Polish law degree gave of the Gulf who have had their lives destroyed Paul Zaleski led the most interesting life him no standing here, so he went to law by this disaster. We must ensure that all of the of anyone I have ever known. Such a quiet school for the second time at George Wash- companies responsible for the worst oil spill in unassuming man, imbued with old world ington University and later became an attor- our nation’s history are held accountable. And grace and dignity, never bitter despite the ney with the U.S. Maritime Commission. we must ensure that everyone who has suf- slings and arrows of outrageous fortune— After he retired he practiced law on his own who could have guessed his escape in a hail fered economic damages as a result of the BP specializing in estate work. He was executor of bullets, how he and others returned that for many members of the expatriate commu- oil spill is made whole. fire by pinging the American conscience, nity and seldom if ever charged for his serv- f how we eventually came to see that Poland, ices. the land he loved and lost, must be reborn I saw in Paul many qualities that epito- HAZEL HARTBARGAR independent and free. He laid no claim to mized the Poles who got stranded in the west great deeds, but the memorable title of Dean when Stalin swallowed their country whole. HON. ED PERLMUTTER Acheson’s autobiography—‘‘Present at the They found the courage to rebuild shattered Creation’’—almost perfectly fits his life. lives, became intensely proud and loyal OF COLORADO Paul and I were close friends for twenty Americans and remained unswerving in their IN THE HOUSE OF REPRESENTATIVES years. His death on November 24 leaves a no- commitment to Polish freedom and inde- Tuesday, December 21, 2010 table void: a direct link is lost—perhaps the pendence. I talked to Paul often and we last—to the Poles’ ill-fated Government in spoke only a few days before he died. I know Mr. PERLMUTTER. Madam Speaker, I rise Exile and to the heroic gamble after the end it gave him great satisfaction—much com- today to honor and applaud Hazel Hartbargar of the war to save Poland from Stalin. Paul fort in fact—that the torch was passed, that for her outstanding service to our community. was longtime secretary to Stanislaw the ideals of his generation survived the long As the Director of the Arvada Economic De- Mikolajczyk, prime minister of the Govern- dark years of communism, that they are velopment Association, Hazel Hartbargar is an ment in Exile in London. In 1945 Mikolajczyk strongly embraced today by a new genera- advocate for all business in the community decided to go back to Poland to join a com- tion of leaders who have guided Poland to a munist-controlled coalition government and and has been recognized regionally and na- remarkable position in which it has one of Paul went with him. Both men were gam- the strongest economies and most stable de- tionally for her work. She has been called the bling with their lives but took the chance to mocracies in all of Europe. ‘‘heart and soul’’ of ADEA. Her ability to help achieve two main objectives: first, to keep From their near-miraculous escape in 1947 people work together and the compassion she the communists from stealing the ‘‘free and to their messianic campaign to win the shows is exceptional. unfettered’’ elections promised at Yalta; and minds and hearts of Americans, Paul and his

VerDate Mar 15 2010 02:31 Jul 23, 2011 Jkt 099060 PO 00000 Frm 00012 Fmt 0626 Sfmt 0634 E:\RECORD10\RECFILES\E21DE0.REC E21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 21, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E2221 mentor, Stanislaw Mikolajczyk, came to rep- Department, Mr. DiPace has been part of for the Republicans on the Energy and Com- resent one of the aspects of Polish character many civic organizations in town, including the merce Committee, is leaving the Committee in I admire most: the concept of ‘‘Victory in Chamber of Commerce and the Lions Club. January after nearly 16 years on the Hill at the Defeat.’’ The very idea may strike most Americans as peculiar, but from 1795 to With his family, Fire Chief DiPace has also Committee. Mr. Cavicke is an institutionalist— 1989—when Poles were ruled from abroad ex- opened his home to several Fidelco Guide he has sought to work quietly on a bipartisan cept for the brief interwar period—it meant puppies and dogs, preparing them for their basis to advance the good of the country that honor came first, that the Poles would jobs as Seeing Eye companions. across the array of issues within the jurisdic- never give up, that they would persevere James DiPace has given so much of himself tion of the Committee. without fail to win back their independence. to the town of Avon without wanting anything Over the years, Mr. Cavicke has ably When I think of Paul I think of this first; in return. His presence will surely be missed served the Republican Members of the Energy and it gives me great satisfaction to know in the Avon Volunteer Fire Department. Today, and Commerce Committee. But he has also that he lived to see freedom restored and a I rise to thank Fire Chief DiPace for his re- vibrant Poland reborn. helped facilitate bipartisan compromise on When I last talked to Paul he told me, as markable service and wish him the best in re- many vital issues. In 1995, he staffed then- he often did, that: ‘‘I am so thankful that I tirement. Subcommittee Chairman Jack Fields when our am able to live in my own home.’’ His cour- f Committee enacted the National Securities age could be measured in matters great and Markets Improvement Act, which rationalized small. Despite crippling conditions he man- COMMEMORATING THE LIFE OF various aspects of federal securities laws. Two aged to take care of himself until the last MARVIN ZANDERS years later, under then-Subcommittee Chair- four days of his life. To say that he will be man Oxley, he worked with my office to bring missed feels like a gross understatement to me. He was the product of an unusual place HON. CORRINE BROWN the New York Stock Exchange and NASDAQ and time; he never shrank from the difficul- OF FLORIDA Stock Market out of the 18th century and into ties that came his way. And he would cer- IN THE HOUSE OF REPRESENTATIVES the 21st by ending government mandated pric- tainly chide me for praising him even to this Tuesday, December 21, 2010 ing in fractions and moving to decimal pricing. extent. The Common Cents Stock Pricing Act of 1997 f Ms. CORRINE BROWN of Florida. Madam provided the impetus to end fractionalized Speaker, I rise today to honor the memory of trading which cost investors $3 billion a year. HONORING JAMES DIPACE my dear friend and constituent Marvin Clyde Each year American investors, rather than Zanders of South Apopka, Florida. Mr. Zan- professional floor traders and NASDAQ mar- HON. CHRISTOPHER S. MURPHY ders operated one of the premier funeral ket makers, will put that $3 billion to more pro- OF CONNECTICUT homes in the United States. But he was much ductive uses, such as saving for retirement IN THE HOUSE OF REPRESENTATIVES more than a successful and popular mortician and children’s education. to the people of Central Florida. According to Tuesday, December 21, 2010 Following the transfer of the Committee’s his son, ‘‘his personality made him a ‘life- securities jurisdiction over to the Financial Mr. MURPHY of Connecticut. Madam giver’ ’’ and he gave so much of his own life Services Committee, Mr. Cavicke moved into Speaker, I rise today to honor a great man to the community. a management role on the Republican staff. In and constituent, James DiPace. Mr. DiPace Mr. Zanders served the families of Central that capacity, he has been relentlessly fair and has devoted 37 years of service to the Avon Florida for over fifty years in ways too many has always sought to work to provide proce- Volunteer Fire Department, and has served as to list. He provided scholarships, sponsored dural due process to all members of the Com- Fire Chief there for the last 15 years. sports teams and gave continuous support to mittee regardless of the issue of the moment. The community of Avon is lucky to be home various organizations throughout Central Flor- I join in expressing the thanks of the Members to a man like James DiPace. His selfless dedi- ida. He was known as ‘‘The People’s Choice’’ of the Committee for his service, and our best cation to the town and his devotion is remark- and even Apopka’s mayor often called him wishes. able, and he deserves to be recognized by the ‘‘The Mayor of Apopka.’’ House of Representatives as he retires as fire The community formally recognized Mr. f chief. Zanders’ humanitarian efforts by renaming Incorporated in 1943, the Avon Volunteer Lake Avenue in Apopka to Marvin C. Zanders EREKA O’HARA Fire Department proudly protects more than Avenue and dedicating the Marvin C. Zanders 16,500 people. During his tenure as Fire Park in Winter Garden. Ten years ago, the HON. ED PERLMUTTER Chief, Chief DiPace oversaw several incidents South Apopka Ministerial Alliance established in town, but perhaps none more powerful than the ‘‘Marvin C. Zanders’’ humanitarian banquet OF COLORADO the July 29, 2005 crash at the base of Avon to honor the accomplishments of community IN THE HOUSE OF REPRESENTATIVES Mountain. That morning, a dump truck lost its leaders like him. Tuesday, December 21, 2010 brakes and careened into a line of stopped ve- Mr. Zanders also served individual families hicles at a traffic light. The accident involved in their time of grief with extraordinary com- Mr. PERLMUTTER. Madam Speaker, I rise 19 vehicles and a CT Transit bus. Four people passion. Whenever one of my constituents today to honor and applaud Ereka O’Hara for died that morning. On that sad day, Chief could not afford a proper service in honor of her outstanding service to our community. DiPace acted as incident commander at the a loved one, I knew that Marvin would take Ereka O’Hara became a realtor in 1982 and scene from 7:30 am until after midnight. Two care of them. Through his selflessness, Marvin as a working mother she still found time to be years later, another truck lost its brakes and Zanders showed people that when we give involved in the community. Ereka served on caused an accident at the same intersection. back, we all become better and stronger. As the board of the Jefferson County Association Again, Chief DiPace was the incident com- he often said, ‘‘God gave me a chance; let me of Realtors early in her career, and later sat mander at the scene. During these times of give my fellow man a chance.’’ on the board of the Arvada Jefferson Kiwanis, tragedy, it was always comforting to know that My thoughts and prayers are with his chil- Children’s Charity and the Arvada Chamber of James DiPace, a man of keen interagency re- dren and many grandchildren. God has Commerce. lations and cool temperament, was com- blessed us by allowing us to have Marvin Zan- When the entire board of the Children’s manding the scene. ders in our lives. Charity resigned, their annual Charity Ball was Throughout his service, James DiPace has f in jeopardy. Ereka stepped in and hit the chal- been an active member of Connecticut’s com- lenge head on. She gathered a new board, munity of emergency responders. While Fire HONORING DAVID CAVICKE rallied the troops and ran the Charity Ball for Chief, he served as Fire Marshall and Emer- three years. She raised over $100,000 for the gency Management Director for the town of HON. EDWARD J. MARKEY Arvada Center Accessibility Program and the Avon. Additionally, Chief DiPace has served OF MASSACHUSETTS Arvada Child Advocacy Center. as president of the Connecticut Fire Chiefs IN THE HOUSE OF REPRESENTATIVES I extend my deepest congratulations to Association and the Capitol Region Fire Mar- Ereka O’Hara for her well deserved recogni- shalls Association. Tuesday, December 21, 2010 tion by the West Chamber serving Jefferson James DiPace’s service to the community Mr. MARKEY of Massachusetts. Madam County. I have no doubt she will exhibit the does not stop at the firehouse doors. Outside Speaker, my friend and fellow member of Red same dedication and character in all her future of his commitment to the Avon Volunteer Fire Sox nation, David Cavicke, the Chief of Staff accomplishments.

VerDate Mar 15 2010 02:31 Jul 23, 2011 Jkt 099060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\RECORD10\RECFILES\E21DE0.REC E21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE E2222 CONGRESSIONAL RECORD — Extensions of Remarks December 21, 2010 INTRODUCING OIL INDEPENDENCE sociated infrastructure to the 1–5 corridor. IN NATE A TRIBUTE TO AN AMER- FOR A STRONGER AMERICA ACT Their efforts can be greatly enhanced by this ICAN HERO CPL. NATHAN OF 2010 legislation. Realizing the goals of this legisla- ‘‘NATE’’ SCHAMING 82ND AIR- tion will ensure that the U.S. secures its com- BORNE 1/504 PIR CO. THE UNITED HON. JAY INSLEE petitive edge in this field. STATES ARMY OF WASHINGTON This legislation is a win-win-win for the fu- IN THE HOUSE OF REPRESENTATIVES ture of the United States. We can help secure HON. JOHN A. BOCCIERI Tuesday, December 21, 2010 our nation’s energy resources, reduce our na- OF OHIO tions greenhouse gas emissions significantly IN THE HOUSE OF REPRESENTATIVES Mr. INSLEE. Madam Speaker, I rise today which will help mitigate issues of global cli- Tuesday, December 21, 2010 to introduce Oil Independence for a Stronger mate change, and ensure that innovative Mr. BOCCIERI. Madam Speaker, Corporal America Act of 2010, a bipartisan bill to help transportation technologies like advanced bat- Nate Schaming of Ohio, and The United transition our transportation sector from an oil- teries and advanced biofuels are made here in States Army... 82nd Airborne Division 1/ based system to one based on electricity and the United States. In closing, I urge my col- 504 PIR C Co., lost both his legs in an IED natural gas. This legislation is a significant in- leagues to cosponsor this bill, and hope that explosion in Iraq on 12/01/07. Like many of vestment in our shared goals to reduce our we can work together to move it toward pas- our heroes who come home from war, he dependence on foreign oil, and ramp up pro- sage as soon as possible. duction of homegrown biofuels in states like must begin a new battle and a new fight. As Washington that can spur our economy and we watch him in awe, as he rebuilds his life, f create American jobs. As many of you know, with but only his faith and great courage to the U.S. has only two percent of the world’s oil ARTUR DAVIS sustain him... Another key part of his re- reserves while we consume 23 percent of the covery, can also be directly attributed to his world’s oil. The status quo is not in our na- wonderful mother Pamela who has been there tional security interests, or economic interests. HON. BARBARA LEE day and night. Any doctor or nurse will tell you Of all the oil that is used in the United States that the family members are the true Unsung each day, 57 percent is imported, and 70 per- OF CALIFORNIA Heroes in recovery... and they are key to cent of that imported oil comes from countries IN THE HOUSE OF REPRESENTATIVES it. I ask that this poem penned by Albert that do not enjoy many of the same basic Caswell be placed in the RECORD. freedoms as U.S. citizens. Further, this addic- Tuesday, December 21, 2010 In... Nate... tion costs the U.S. economy close to $1 billion Born with it, something so very great! Ms. LEE of California. Madam Speaker, on Inherent, the nature or something... be- per day. This imbalance of supply and de- behalf of the Congressional Black Caucus, I longing to... In Nate, that’s what mand means that the U.S. will be dependent rise today to honor Congressman ARTUR you do! on foreign sources of oil unless we create DAVIS. During the past eight years, Congress- An Army Man, Who So Can! One of Ohio’s, smart and thoughtful policies to invest in man DAVIS has represented Alabama’s sev- who’s who! America’s clean energy technologies and in- enth congressional district with earnest dedi- A future Hero seen, who from deep down within him... such his greatness frastructure. cation. This bill provides the necessary framework would convene! for the United States change invigorate new An Alabama native, Congressman DAVIS When courage crests... Like John Glenn, American industries and kick our oil habit. To was raised by his mother and grandmother. Oh Those Most Heroic Ohio Men... But, The Best! put this in perspective everyone should know Despite his family’s modest means, he excelled in school and graduated with honors Who lock and load... that approximately one-third of the total The ones, who live by the greatest of all amount of energy consumed in the United from both Harvard University and Harvard Law honor codes... States is to fuel the 249 million vehicles that School. As a law student, he worked for the Who but for us, them and their families... are burning gas on our highways. Southern Poverty Law Center and for U.S. bare the load... The Oil Independence for a Stronger Amer- Senator Howell Heflin. From 1994 to 1998, he Who all in times of war, who with such ica Act of 2010 contains language that has the served as a Federal prosecutor in Mont- hearts of courage sure... goal of reducing our dependence on oil by ap- gomery and earned an almost perfect trial Ensure our victory, all out upon death’s road! proximately 3 billion barrels per year, a num- conviction record. He spent the following four years as a litigator in private practice until he To lose your once strong two fine young legs! ber that represents nearly all of our oil im- As upon, them... such speed they gave! ports. This bill would: was elected to the House of Representatives While then somehow to rebuild... while so 1. Establish the National Energy Security in 2002. close to the grave! Program to coordinate oil reduction efforts During his eight years in office, Congress- With but with only lies within a heart, so across all of government man DAVIS has become well known for his po- brave... 2. Help deploy electric and natural gas vehi- litical acumen and public speaking ability. He Surely, but coming from down within... coming from Nate! cles though tax credits and deployment dem- gained national recognition when he garnered onstration projects A man from that Buckeye State... significant bipartisan support to pass the Who has taken all of this pain and 3. Amend current federal transportation HOPE VI program to improve public housing. heartache... planning rules to include planning for oil sav- Significantly, Congressman DAVIS was also a For him, Heaven would have to wait... ings in transportation infrastructure plans de- major player responsible for the reopening of As with a mother’s help so great... his new veloped by states and authorize funding for the Pigford black farmer’s lawsuit. Among his life he creates! projects to implement the plans national honors, Esquire Magazine selected For God is Good, and God is Great! 4. Help the U.S. advanced biofuels industry him as one of the top ten best Congressmen All in such men and women of honor, he so creates... scale up to commercial levels in America. 5. Support research and development in All within hearts which will not hesitate, battery technologies Congressman DAVIS has served admirably from somewhere deep down within... as a member of the Ways and Means Com- inside so states! In addition to strengthening America by So states, all about Courage and Faith... reigning in our oil consumption the legislation mittee, the Judiciary Committee, and the House Administration Committee. He made an Whose fine hearts, are so full of also has very positive environmental benefits. character... as so In Nate... impressive contribution to the Democratic Almost 1⁄3 of all the Green House Gas, GHG, Who Teach Us All, Who Reach Us All... emissions in the U.S. come from the transpor- Party during the 2008 election cycle as the Who So Beseech Us and Do So State! tation sector. Switching over 60 percent of our Recruitment Chair for the Democratic Con- Of what we are born with... transportation sector to electric vehicles would gressional Campaign Committee. And the kind of courage, we are warmed with... that which so ever lives on cut emissions by 33 percent. This is the equiv- Congressman DAVIS is a passionate and which states! alent of taking 82 million gas burning cars off pragmatic legislator, who has fought to im- For as we stand here this day and see, what the road. prove the lives of the people in his district and is good... what is great... In the great state of Washington, interests throughout the country. On behalf of the Con- What is so... In Nate! from the private and public sectors are already gressional Black Caucus, I honor Congress- As now we understand, The Greatest Of All working to bring electric vehicles and the as- man ARTUR DAVIS. Things...

VerDate Mar 15 2010 02:31 Jul 23, 2011 Jkt 099060 PO 00000 Frm 00014 Fmt 0626 Sfmt 0634 E:\RECORD10\RECFILES\E21DE0.REC E21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 21, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E2223 That which our Lord so creates, are but ARIZONA’S BRIGHT SON honor Sonoma County Sheriff Bill Cogbill, who found deep down within someone like Arizona’s son . . . is retiring after a 36-year career in law en- Nate! Shining, but so very brightly . . . as but forcement. And if ever I have a son, I but hope and does, so this one! Sheriff Cogbill began his career in 1975 with pray... he could but be like you this Ah yes Raymond, you are one of her bright- one! the Petaluma Police Department in Sonoma est of all ones! County. Three years later, he joined the In Nate! As thy will be done! Sonoma County Sheriff’s Office as a patrol of- f A United States Marine, oh yes, you are on one of the finest of all things! ficer assigned to various beats throughout this PASSING OF REVEREND S.L. That, this our Country . . . has . . . ever so large, rural county. ROBERSON seen . . . He was promoted to Detective in 1987 and As a leader of women and men, as upon bat- specialized in narcotics enforcement. He was HON. JOHN D. DINGELL tlefields of honor you would descend promoted to Sergeant the following year and ... was assigned to Patrol and Personnel Serv- OF MICHIGAN A Sergeant Major, whose entire life will be ices. IN THE HOUSE OF REPRESENTATIVES . . . and has always been . . . In 1995 he was promoted to Lieutenant and Tuesday, December 21, 2010 One of strength in honor, time and time was assigned to the Town of Windsor as that again! Mr. DINGELL. Madam Speaker, a distin- As so boldly forth, Mac you have worn that community’s Chief of Police. He served in this guished churchman, much loved in southeast fine shade of green! capacity for three years when he became Michigan who led the House of Representa- As a magnificent brave heart, who would go Captain of the Sheriff’s Field Services, a posi- tives in prayer on September 5, 2007, has off to war to lead . . . tion he held until 2003 when he was elected been called by the God he served so faithfully. Leaving behind, all that you so loved . . . Sheriff. Reverend S.L. Roberson, pastor of Metro- and adored! He had many specialty assignments during All for God and Country, all for our most his tenure with the Sheriff’s Office, including politan Memorial Baptist Church in Ypsilanti, precious freedom to ensure! Michigan, passed away on November 11, service with the Hazardous Incident Team, As into such fine heroes, molding and lead- Street Crimes Unit, Field Training Officer Pro- 2010. His long and faithful service to his God ing our men and women so for sure! and fellow man has endeared him to the peo- As when, all in that moment’s of truth . . . gram and Instructor and Coordinator of Defen- ple of the Ypsilanti and Ann Arbor region of Saving your brother in arm’s life, giving up sive Tactics. Southeast Michigan in a very special way. your own two strong legs . . . as lies Sheriff Cogbill has received numerous Reverend Roberson was a Marine and he the proof! awards and citations during his long career, served this country at Okinawa and Iwo Jima As when, you looked down . . . and so saw including the Sheriff’s Distinguished Service what you had found . . . Award, the Santa Rosa Chamber of Com- in World War II. When he came home he As the tears upon his most heroic face, came never stopped serving. merce Leadership Award, and the Bob Tucks streaming down! Peace Award. He is also a graduate of the Reverend Roberson led the congregation at But, Marines don’t quit! They lead! Metropolitan Memorial Baptist Church from As now Sergeant Major Mackey, you have a FBI’s National Academy in Quantico, Virginia. 1954. He was a leader to that church and he new battle to win . . . a new war to Sheriff Cogbill has served on numerous was leader to the Ypsilanti community. He succeed! local and state committees working to improve was a gifted communicator and he put that gift For some heroes, are but put upon this earth! public safety, law enforcement and detention to work for his community, his congregation, To teach us, to reach us . . . to all of our services, including the Board of Directors of and his nation. hearts so beseech us . . . all in their the California State Sheriff’s Association Board worth! of Directors. He has continuously encouraged Reverend Roberson leaves behind a griev- For all in our Lord God’s heart, they do so ing family and thousands of grieving friends his Command Staff to participate fully in pro- surely come first! fessional organizations and within the commu- and admirers. As does, this bright son now shine! As over He was commemorated in a celebration of the skies of Arizona, you so rise! nity. his life at Metropolitan Memorial Baptist With but your faith and courage, but bring- Madam Speaker, Sheriff Bill Cogbill has Church on December 18, 2010. ing tears to all of our eyes! served the people of Sonoma County well dur- On behalf of the House of Representatives, The kind of son, I wished was mine! ing his distinguished career. It is appropriate which he led in prayer, I extend our condo- Who will one day, Heaven . . . for his faith that we commend him for his many years of and courage, wings will so find! lences to his much loved widow, Mrs. Hollie public service and wish him well on his retire- Oh Mac, how you do shine! All in your life, ment. Roberson, and his family. all in your time! f f And all of those lives that you have saved ... RECOGNIZING THE CONTRIBU- A TRIBUTE TO AN AMERICAN And all of those magnificent heroes you have TIONS OF LEIGH ANN BROWN TO HERO: SERGEANT MAJOR RAY- so trained and trained! THE HOUSE COMMITTEE ON MOND MACKEY, 3RD BATTALION And all for your most heroic brothers in SCIENCE AND TECHNOLOGY 10TH MARINES arms, who no so lie in soft quiet graves ... Have so marched forth all in those magnifi- HON. BART GORDON HON. DUNCAN HUNTER cent shades of green! OF TENNESSEE OF CALIFORNIA As you will rise up with your heart of cour- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES age full, as once again to lead the way! Tuesday, December 21, 2010 Tuesday, December 21, 2010 As your most courageous life, so brightens all of our days! Mr. GORDON of Tennessee. Madam Mr. HUNTER. Madam Speaker, I rise today Marine! ‘‘Oh Mackey, how you do shine!’’ Speaker, I rise today to recognize the service to pay tribute to an American Hero, Sergeant There’s an even brighter son, now shining of a valued staff member of the Committee on Major Raymond Mackey of Sierra Vista, Ari- this day all in Arizona’s skies! Science and Technology, Leigh Ann Brown. zona and the 3rd Battalion 10th Marines. This It’s you, Sergeant Major Raymond Mackey, whose heart to new heights as does so She can best be described as my ’right hand’ Marine has served our Nation for 28 years; rise! and she has been with me almost as long. leading and inspiring our Nation’s Marines. Leigh Ann has literally worked with me from f On December 23, 2009, while on patrol, he the beginning of my political career. We share noticed a marker left by the enemy indicating HONORING BILL COGBILL the same hometown of Murfreesboro, Ten- an improvised explosive device, IED, up nessee. Her work with me actually started as ahead. As he pushed a fellow Marine out of HON. MIKE THOMPSON the fortunate result of my mother telling me the way of the IED, it exploded and Sergeant OF CALIFORNIA that ‘‘My good friend’s daughter is interested Major Mackey lost his legs and almost his life. IN THE HOUSE OF REPRESENTATIVES in politics.’’ So in 1984, as a high school sen- With the help of his wife, Vicki, he recovered ior, she worked on my first campaign; and and is doing well today. Tuesday, December 21, 2010 every summer of college she either worked on I ask that the following poem by Albert Mr. THOMPSON of California. Madam my campaign or as an intern in my office. Caswell penned in honor of Major Mackey and Speaker, I rise today with my colleague, Con- After graduating from Vanderbilt University, his family be placed in the RECORD: gresswoman LYNN WOOLSEY, to recognize and she immediately joined my Washington, DC

VerDate Mar 15 2010 02:31 Jul 23, 2011 Jkt 099060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\RECORD10\RECFILES\E21DE0.REC E21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE E2224 CONGRESSIONAL RECORD — Extensions of Remarks December 21, 2010 staff. And following a period where she lived EQUITY IN SOCIAL SECURITY ACT and dissuades thousands more from enlisting in Missouri, she returned to DC to work on the OF 2010 INTRODUCTION STATE- in the defense of our country. staff of the Committee on Science and Tech- MENT I believe that all Americans willing to risk nology. their lives in the defense of our country and I have long been proud of the bipartisan na- HON. LINDA T. SA´ NCHEZ obey its laws should be allowed to do so. Both ture of this Committee. Leigh Ann exemplifies OF CALIFORNIA our military and civilian leaders support the re- this even in her home as she is happily mar- peal of DADT. It is our responsibility to ensure ried to John Cuaderes, the Republican Deputy IN THE HOUSE OF REPRESENTATIVES that this change is initiated at a gradual, man- Staff Director for the Committee on Oversight Tuesday, December 21, 2010 and Government Reform. Outside of work, ageable pace so as to avoid any unnecessary Ms. LINDA T. SA´ NCHEZ of California. Leigh Ann is a dog-lover, a DC restaurant disruption. Madam Speaker, I rise today to introduce the connoisseur, and she enjoys traveling. Defense Secretary Gates and Admiral ‘‘Equity in Social Security Act of 2010.’’ This Leigh Ann is known among staff as the per- Mullen, Chairman of the Joint Chiefs of Staff, bill is designed to eliminate the discriminatory son who gets things done. Throughout her ca- policy of the Social Security Administration understand that an orderly transition is critical reer, staff have consistently relied on her that prevents same-sex couples from receiving to minimizing disruption in the ranks, ensuring sound judgment and thoughtful consideration the same benefits as their heterosexual coun- we maintain our strength level and not com- on a countless number of projects. Beginning terparts. promise national security. I applaud Secretary in 2007, the offices of the Committee on Social Security provides spousal, survivor, Gates’ leadership and initiative, beginning with Science and Technology were renovated as and death benefits to married heterosexual the landmark report he commissioned in the first House office space in the ‘‘Green the couples in their later years. Same sex couples March 2010 which included a survey of over Capitol Initiative.’’ Leigh Ann managed and are not eligible to receive these benefits be- 115,000 enlisted personnel and 44,000 military oversaw this vast project. She also coordi- cause the federal government does not recog- family members. In conjunction with this re- nated the transition of our committee to the nize their marriages or civil unions. port, the Department of Defense prepared an Majority in 2006. implementation plan that will provide a smooth Leigh Ann has long been a dedicated, loyal, These same-sex couples pay into Social Security while working just the same as every transition with minimal dislocation. The Pen- and hard working member of my staff I want tagon stands ready to implement this plan, to thank her from the bottom of my heart for other American, but in their time of need, the government treats them differently. Gay cou- and I am proud that Congress is acting to everything from volunteering as a teenager on move it forward. my first campaign to her expertise in man- ples receive 18 percent less in Social Security aging the office for the Committee on Science benefits than heterosexual couples while les- In the 17 years since DADT was adopted, and Technology. bian couples receive 31 percent less than there has been a remarkable change in public heterosexuals. It is no wonder that these Leigh Ann, I cannot imagine my time in opinion regarding the acceptance of gays and groups are also more likely to live in poverty Congress without your steadfast service. I lesbians serving in the armed forces. This in their old age than heterosexuals. know that all the staff of the Committee on change has been so dramatic that the repeal Science and Technology wish you well in the All Americans should receive a Social Secu- of DADT no longer represents a subject of next phase of your life. We will miss you and rity benefit based on their contribution to the controversy for the large majority of Ameri- cannot replace you. program, not their sexual orientation. That is cans. Indeed, repealing DADT brings public why my legislation would allow couples in rela- policy in line with informed popular sentiment, f tionships that have been recognized by their which is nearly always a positive good. state of residence, whether a domestic part- INTRODUCTION OF THE VETERANS The Pentagon’s report documents one of HOUSING FAIRNESS ACT OF 2010 nership, civil union or marriage itself, to receive the same benefits from Social Security the largest surveys of the attitudes of military as heterosexual married couples. personnel ever conducted. Its key finding is that the sexual orientation of their peers is not HON. CAROLYN B. MALONEY Let me be clear about this effort today. This a matter of concern to most service members. OF NEW YORK is meant in no way to distract from the effort Nearly 7 in 10, 69 percent, of respondents be- IN THE HOUSE OF REPRESENTATIVES to repeal the Defense of Marriage Act. That is lieved that they had already served with a gay Tuesday, December 21, 2010 the ultimate goal in the movement for marriage equality. My bill is not about marriage— or lesbian in their unit, and it did not under- Mrs. MALONEY. Madam Speaker, today I it is about economic fairness. This legislation mine morale or military readiness. The report introduce a bill to ensure that veterans have is meant to provide assistance to elderly indi- also finds that, if properly implemented, the re- access to a diverse range of housing options. viduals who have not been treated fairly by peal of DADT will have no adverse affect on In 2006, Congress passed legislation allow- their government. unit cohesion or morale. These attitudes are in ing veterans to use their VA loans to purchase I urge my colleagues to support this impor- line with those of most Americans, who recog- cooperative housing. The VA loan program al- tant legislation. nize that the military needs every patriotic, lows veterans to buy homes with no down able-bodied recruit during a time of war. f payment and limited closing costs; addition- Mr. Speaker, opponents of the measure still ally, the program offers negotiable interest DON’T ASK, DON’T TELL REPEAL claim that repealing DADT is ‘‘social engineer- rates and flexible repayment plans. With over ACT OF 2010 ing’’ that will undermine morale and erode the one million housing cooperatives nationwide, fighting force of our nation’s military. Their extending these generous loan benefits can SPEECH OF claim is refuted by the empirical study con- make affordable homeownership a reality for ducted by the Pentagon. It is also interesting veterans in our districts all across the country. HON. LAURA RICHARDSON to note that similar arguments were raised in This bill makes permanent the Department OF CALIFORNIA opposition to racial integration and the enlist- of Veterans Affairs loan guarantee for the pur- IN THE HOUSE OF REPRESENTATIVES ment of women in the armed services. The chase of residential cooperative housing units critics were wrong then and they are wrong and gives veterans the freedom to choose Wednesday, December 15, 2010 now. The action we take today also brings us where they live by allowing veterans to use Ms. RICHARDSON. Mr. Speaker, I rise in in line with the long-standing practice of our their veterans’ loans to purchase co-ops. In support of the Senate Amendment to H.R. NATO allies as well as that of Israel, a nation my district, co-ops are often the lowest cost 2965 and do so proudly. I support the Senate rooted in faith that would do nothing to com- housing. It makes no sense to deny veterans Amendment because I stand on the side of promise the security of its people. the ability to use their veterans’ benefits to our military and all who have sacrificed for our purchase these units. My bill will allow vet- freedom, and that is why I support the repeal Mr. Speaker, I am proud to support this leg- erans to explore all housing options and of the ‘‘Don’t Ask, Don’t Tell’’, DADT, policy islation and urge all my colleagues to do like- choose the one that suits their needs. which, since 1993 has resulted in the dis- wise. I look forward to the moment when With this legislation we can honor the serv- charge of over 13,000 American servicemen President Obama signs this bill into law, which ice and sacrifice of our nation’s veterans by and women and cost our taxpayers hundreds will at once strengthen our armed forces and giving them the tools and resources they need of millions of dollars in wasted funds. DADT ensure that all those who want to defend our to pursue their dreams. denies equality to thousands of our soldiers freedom are given the opportunity.

VerDate Mar 15 2010 02:31 Jul 23, 2011 Jkt 099060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\RECORD10\RECFILES\E21DE0.REC E21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 21, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E2225 DENISE WADDELL sevelt, Frances Perkins, and others created HONORING ELIZABETH HIGH Social Security in 1935, it was a political SCHOOL CARDINAL FOOTBALL HON. ED PERLMUTTER masterstroke. Social Security was created as an insurance program and has remained intact OF COLORADO HON. MIKE COFFMAN IN THE HOUSE OF REPRESENTATIVES for 75 years because Americans have a real sense of ownership for the program. Tuesday, December 21, 2010 OF COLORADO In good economic times and in bad, regard- Mr. PERLMUTTER. Madam Speaker, I rise IN THE HOUSE OF REPRESENTATIVES less of which political party is in power, this today to recognize and applaud Denise sense of ownership—that Americans will get Tuesday, December 21, 2010 Waddell for her outstanding service to our out that which they put into the Social Secu- community. Mr. COFFMAN of Colorado. Madam Speak- rity—has allowed it to survive despite the ef- As the President of First Bank of Wheat er, I rise today to congratulate the coaches, Ridge, Denise has developed an exceptional forts of determined enemies. athletes, and fans of Elizabeth High School for team, built and maintained business relation- A provision in the bill would reduce an em- their outstanding performance during the 2010 ships and worked tirelessly to promote a posi- ployee’s contribution to Social Security from football season. The grit, determination, and tive economic environment in the community. 6.2 percent to 4.2 percent of salary. This could perseverance showed by these young individ- Denise Waddell supports many programs have a beneficial stimulative economic effect. uals culminated with a 3A State Championship that promote small business including the The $112 billion cost to the Social Security on December 4, 2010. Playing under intense Wheat Ridge community as a whole. As the trust fund of this payroll tax holiday is sup- pressure in front of a packed house at Legacy Board President for Wheat Ridge 2020 she posed to be replaced with money from the Stadium in Aurora the Cardinals exceeded ex- actively advocates at City Council meetings, general treasury fund. But that is just the prob- pectations and fought through all odds to ob- speaks out on the opportunities for investment lem. In Social Security’s history such a com- tain a 29 to 6 victory over an extremely tal- and constantly champions collaborative efforts. mingling of payroll taxes and money from the ented Glenwood Springs football team. I extend my deepest congratulations to Treasury at this scale is unprecedented. Such exemplary work could not have been Denise Waddell for being honored by the achieved without the unwavering and visionary West Chamber serving Jefferson County. I This is not just about the financial health of Social Security, rather it is about Social Secu- tutelage of head coach Chris Cline and his have no doubt she will exhibit the same dedi- staff of Mike Zoesch, Ty Barrett, Craig rity’s rationale that has worked well for gen- cation and character in all her future accom- Blackman, Brian Martinez, Eric Jiblits, Kirt erations. This bill places Social Security on the plishments. Woodman, and Steve Mann. Their energy, ex- table with tax breaks for business expenses, f pertise, and passion for the game was con- tax breaks for the top two percent of Ameri- TAX RELIEF, UNEMPLOYMENT IN- tagious and helped ignite a truly outstanding cans, the estate tax and the Alternative Min- season. Recognition must also be given to the SURANCE REAUTHORIZATION, imum Tax—essentially making it just another AND JOB CREATION ACT OF 2010 unsung heroes of the team. Managers Kayla bargaining chip. If we allow Social Security to Allred, and Briana Cisneros tirelessly worked become a bargaining chip for dealing politi- SPEECH OF to take care of logistical aspects of the game, cians, then it will not be long for this world. As ensuring the coaches and players could focus HON. RUSH D. HOLT much as we need economic stimulus now, we their energy on the gridiron. OF NEW JERSEY will need Social security for decades to come. I would like to congratulate these young Rather than taking money from Social Secu- IN THE HOUSE OF REPRESENTATIVES men individually for their accomplishment; they rity, I would support a tax credit—similar to Thursday, December 16, 2010 will forever be remembered for bringing their President Obama’s Making Work Pay tax The House in Committee of the Whole first state title to the proud town of Elizabeth. credit—that would give working families a They are: Josh Weber, Dakota McCune, Zach House on the State of the Union had under sizeable tax break with money from general consideration the bill (H.R. 4853) to amend Shepherd, Marty Sullivan, Dalton Taylor, Scott the Internal Revenue Code of 1986 to extend revenues. Carter, Jordan Bucknam, Brad Goldsberry, the funding and expenditure authority of the In a message to Congress on January 17, Blake Arellano, Colton Dillavou, Nate Nich- Airport and Airway Trust Fund, to amend 1935, FDR insisted that Social Security should olas, Zach Butler, Bobby Wintersteen, Joe title 49, United States Code, to extend au- be self-sustaining and that funds for the pay- Finken, Dylan Burgett, Spencer Fulbright, thorizations for the airport improvement program, and for other purposes: ment of insurance benefits should not come Sean Dorrance, Eli McKinney, Chase Nich- from the process of general taxation. FDR’s olas, Trayco Ross, Jake Soule, Landon Mr. HOLT. Mr. Chair, it is with regret that I message is as correct today as it was 75 Willson, Austin Peterson, Peyton Hopkins, rise in opposition to this legislation. Less than years ago. Gabe Mortensen, Matt Hrabik, Steve Biery, two weeks ago, I joined a majority of this Cody Slade, Kellen Gomon, Brandon House in passing middle class tax relief that To be sure, the legislation before us today Strannigan, Micha Lockerby, Salvador Robles, balanced the needs of working families with contains many good provisions that I would Cole Hoffman, Cody Miller, Dakota Boss, Dal- our nation’s need to get its fiscal house in support on their own. The bill contains a one las Reins, Seth TenEyck, Trevor Gill, Chantz order. Unfortunately the Senate failed to pass year extension of emergency unemployment Walpole, Travis Cayou, Carter Solomon, Brian this bill. benefits. According to the Labor Department, Shomshor, John Weber, Garrett Sweigert, The legislation we are considering today is there are five job-seekers for every job open- Sean Taylor, Matt Doura, Devon Campbell, deeply flawed. We should try to put money in ing in the U.S. Extending unemployment is the Robert Wagner, Tim Reeder, Jaxon Graber, the pockets of working families, and I do not right thing to do morally and for the economy. and Trayco Ross. fault President Obama and many of my col- The legislation would extend middle class tax Chase Cline and Matt Biery deserve special leagues who want to get something done on relief for two years along with many family- behalf of the millions of Americans who need acclimation for their selection to participate in friendly tax breaks such as the Child Tax the Colorado All State football game in June. help. But, this is the wrong way to do it. Credit, Earned Income Tax Credit, Alternative Yet, at a time when income inequality in the The superior talent and dedication of these Minimum Tax relief, and marriage penalty re- scholar athletes is archetypical of the entire United States has risen to its highest level in lief. The bill also would extend expanded decades, the bill under consideration would team apparatus that helped lift the Cardinals transportation benefits for commuters and tax to an undefeated season. shift the burden of funding the federal govern- credits like the research and development tax ment further onto middle-class and working- credit to help businesses grow and create Fans, family, and school officials who class families. The bill would give away tax braved the elements to motivate their team jobs. breaks to the wealthiest two percent of house- from the bleachers are to be commended as holds at a cost of more than $120 billion Congress needs to provide unemployment well. I know the deafening roar of the crowd charged to the national debt. insurance for Americans searching for work, on key plays throughout the season helped I am most concerned, however, that the bill extend tax relief working families, and find so- propel the team to unmatched heights. I join undermines the very idea of Social Security. lutions to our budget crisis. Yet these must not them, and the rest of the sixth district of Colo- Social Security has been a pillar of our society come at the expense of Social Security. It is rado in proclaiming my congratulations to a for generations. When Franklin Delano Roo- too important to lose. highly deserving school and town.

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RECOGNIZING DR. DAT QUANG LE SIONAL RECORD the executive summary of the advanced electric batteries, boosted house- AS A RECIPIENT OF THE PRESI- Final Staff Report from the Select Committee hold energy efficiency, and helped key re- DENTIAL AWARD FOR EXCEL- on Energy Independence and Global Warming newable energy sectors like wind and solar avoid collapse during the recession. LENCE IN MATHEMATICS AND on the committee’s activities in the 110th Con- In June of 2009, the House passed the Wax- SCIENCE TEACHING gress. A full copy of the Select Committee’s man-Markey American Clean Energy and Se- Final Staff Report for the 110th Congress can curity Act, the first passage of a comprehen- HON. GERALD E. CONNOLLY be found at globalwarming.house.gov. sive energy and climate bill in the history of FINAL STAFF REPORT FOR THE 111TH the U.S. Congress. The bill set ambitious OF VIRGINIA carbon reduction targets, which were used by CONGRESS IN THE HOUSE OF REPRESENTATIVES U.S. negotiators to craft the Copenhagen Ac- SUMMARY Tuesday, December 21, 2010 cord. It also created a roadmap to create We are at a watershed moment in the his- clean energy jobs and the next generation of Mr. CONNOLLY of Virginia. Madam Speak- tory of energy production—and the choices clean energy technologies. er, I rise today to honor Dr. Dat Quang Le of we make at this juncture will determine the These legislative achievements happened Springfield, Virginia as a recipient of the Presi- fate of our planet and the national security as historic events indicated that swift action dential Award for Excellence in Mathematics and economic future of the United States. was needed to address a strained energy sys- Between now and 2030, roughly $26 trillion tem and a dangerously destabilized climate. and Science Teaching (PAEMST). Adminis- will be invested in energy infrastructure The years 2007–2010 are all in the top ten tered by the National Science Foundation in worldwide. Clean energy will likely make up warmest years on record, according to coordination with the White House Office of an increasing share of this investment with NASA. Oil and gasoline prices peaked to Science and Technology Policy, the PAEMST every passing year. The International En- record levels in 2007 and are on the rise again program recognizes outstanding teachers for ergy Agency (IEA) estimates that $5.7 tril- as the country emerges from the recession. their commitment to the teaching and learning lion will be invested in renewable electricity As the Select Committee ends its tenure of generation alone between 2010 and 2035. This progress, it is clear that there is much left to of mathematics and science. Dr. Le, along be done to stabilize our global climate, and with only 102 other mathematics and science new infrastructure is long-lived and costly, and the decisions made in the next decade spur the development of clean energy tech- teachers throughout the nation will receive a will set the course of the global and U.S. en- nology and jobs here in America. This report summarizes the results and $10,000 award from the National Science ergy system—and of the global climate—for findings of the Select Committee’s hearings Foundation. the next century and beyond. This transition and investigations, highlights legislative ac- Dr. Le has been a teacher for 15 years, the also presents an unprecedented opportunity complishments that flow from the informa- last 13 years of which he spent teaching for economic growth and job creation in the tion it has developed and makes rec- science at H.B. Woodlawn Secondary School clean energy technology sector. Other coun- ommendations for steps moving forward. We in Arlington, Virginia. Recently, Dr. Le moved tries are taking the lead in clean energy and begin with a discussion of the key issue of within the Arlington Public School system. He the United States must act now if it is to re- energy independence. main competitive in this rapidly developing now works as a science specialist, helping de- global market. f velop the county’s science curriculum and pro- Global climate change presents one of the RECOGNIZING MS. KIMBERLY MOR- viding general support for teachers throughout gravest threats to our planet’s health, and to ROW LEONG AS A RECIPIENT OF the county. America’s economy, its national security, THE PRESIDENTIAL AWARD FOR Madam Speaker, I ask my colleagues to join and its public health. Scientists warn that EXCELLENCE IN MATHEMATICS me in recognizing Dr. Dat Quang Le as a re- we may be approaching a tipping point, after AND SCIENCE TEACHING cipient of the Presidential Award for Excel- which it will become increasingly difficult, lence in Mathematics and Science Teaching or perhaps impossible, to halt global warming and its catastrophic effects. The United for his dedication to the students of the Arling- HON. GERALD E. CONNOLLY States confronts this issue at the same time OF VIRGINIA ton Public School system and to the teaching it faces a deepening energy crisis—character- IN THE HOUSE OF REPRESENTATIVES and learning of mathematics and science. ized by skyrocketing prices, high dependence f on foreign oil, and continued—reliance on Tuesday, December 21, 2010 high-carbon fuels that worsen the climate Mr. CONNOLLY of Virginia. Madam Speak- OUR UNCONSCIONABLE NATIONAL crisis. er, I rise today to honor Ms. Kimberly Morrow DEBT The Select Committee on Energy Inde- pendence and Global Warming was created Leong of Gainesville, Virginia as a recipient of by Speaker of the House Nancy Pelosi in 2007 the Presidential Award for Excellence in Math- HON. MIKE COFFMAN to examine and make recommendations on ematics and Science Teaching (PAEMST). OF COLORADO the interrelated issues of energy independ- Administered by the National Science Founda- IN THE HOUSE OF REPRESENTATIVES ence, national security, America’s economic tion in coordination with the White House Of- Tuesday, December 21, 2010 future and global warming. fice of Science and Technology Policy, the During its four years, the Select Com- PAEMST program recognizes outstanding Mr. COFFMAN of Colorado. Madam Speak- mittee held 80 hearings and briefings, con- teachers for their commitment to the teaching er, today our national debt is ducted investigations, led fact finding trips and learning of mathematics and science. Ms. $13,868,461,288,845.81. with Congressional members, and contrib- Leong, along with only 102 other mathematics On January 6th, 2009, the start of the 111th uted to the most active four years in energy and climate policy development and debate and science teachers throughout the nation Congress, the national debt was in the United States Congress. will receive a $10,000 award from the National $10,638,425,746,293.80. As a result of the Select Committee’s work Science Foundation. This means the national debt has increased in raising the profile of energy and climate Ms. Leong joined the Loudoun County Pub- by $3,230,035,542,552.01 so far this Con- issues, and spurring increased debate, the lic School system in 2009 as a mathematics gress. House of Representatives passed several facilitator. Prior to that, Ms. Leong taught at This debt and its interest payments we are pieces of legislation that will reduce our na- Marsteller Middle School in Prince William passing to our children and all future Ameri- tion’s consumption of foreign oil, increase County and All-Saints Catholic School. As a cans. energy efficiency, and create new jobs in the mathematics facilitator, Ms. Leong works with clean energy sector. f In 2007, the first year of the Select Com- 70 teachers on a daily basis while also supporting approximately 250 teachers from 10 FINAL STAFF REPORT OF THE SE- mittee, the House passed the Energy Inde- pendence and Security Act, which included different middle schools who serve 9,800 stu- LECT COMMITTEE ON ENERGY fuel economy provisions co-authored by Rep. dents throughout the county. Ms. Leong has INDEPENDENCE AND GLOBAL Edward J. Markey, Chairman of the Select helped Loudoun County teachers meet the WARMING Committee. The bill also increased Amer- Virginia Standards of Learning objectives by ica’s use of advanced biofuels, and updated introducing new tools and resources to im- energy efficiency standards for appliances prove students’ mathematic and critical think- HON. EDWARD J. MARKEY and lighting systems. OF MASSACHUSETTS The Select Committee also was instru- ing skills. IN THE HOUSE OF REPRESENTATIVES mental in pushing for increased investment Madam Speaker, I ask my colleagues to join me in recognizing Ms. Kimberly Morrow Leong Tuesday, December 21, 2010 in clean energy technologies. The American Recovery and Reinvestment Act of 2009 in- as a recipient of the Presidential Award for Ex- Mr. MARKEY of Massachusetts. Madam vested $90 billion in clean energy, which cellence in Mathematics and Science Teach- Speaker, I hereby submit to the CONGRES- jump-started new domestic industries like ing for her dedication to the students of the

VerDate Mar 15 2010 02:31 Jul 23, 2011 Jkt 099060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\RECORD10\RECFILES\E21DE0.REC E21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 21, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E2227 Loudoun County Public School system and to ther and the men and women who he served on the USS Franklin and went on to have a the teaching and learning of mathematics and with on the USS Franklin. The ship that distinguished career in the Navy, rising to the science. wouldn’t die, also known as ‘‘Big Ben,’’ is one rank of Commander after 22 years of service. f of the most decorated ships in naval history. Alvin Gallen, who served as a gunner on the I often think of how my dad, then just 19 years Franklin, was drafted to play baseball for the PERSONAL EXPLANATION of age, 45 miles off the coast of Japan, dealt Cleveland Indians and played in their farm with the series of events that unfolded on the system before leaving the game to have a HON. TIM MURPHY Essex-class carrier Franklin. Like so many of long career in commercial building. These OF PENNSYLVANIA his generation, he said little about the battle brave young men from various walks of life IN THE HOUSE OF REPRESENTATIVES and the loss of life that took place during the came together to patriotically serve their coun- Tuesday, December 21, 2010 crew’s effort to keep the Franklin afloat. Al try and hundreds paid the ultimate sacrifice. Amos, one of my dad’s friends from Con- Sixty-five years later, the ordeal that these Mr. TIM MURPHY of Pennsylvania. Madam necticut, was also a survivor and recently his sailors went through is a reminder that Amer- Speaker, on rollcall No. 652 H. Con. Res. 336, daughter sent me a book, ‘‘Inferno: The Epic ica has faced enormous challenges before Providing for the sine die adjournment of the Life and Death Struggle of the USS Franklin in and has been able to overcome them. Al- second session of the One Hundred Eleventh World War II,’’ which chronicled the heroic ef- though it is hard to imagine a more difficult sit- Congress. forts on board the Franklin on March 19, 1945. uation than the assault the USS Franklin Had I been present, I would have voted In memory of that event, I flew a flag over the faced, that battered ship made it back to port ‘‘no.’’ United States Capitol to honor Al, my dad, all and the survivors went on to be part of the f the surviving crew members, and those who greatest generation. We owe them a tremen- HONORING BARBARA HEISER have since passed. History will forever record dous debt of gratitude and will never forget the O’NEIL ON THE OCCASION OF these deeds and the valor displayed. As the sacrifice they made for this country. HER RETIREMENT son of Raymond E. Larson, I wanted to pay f this small tribute in recognition of the heroic RECOGNIZING THE GIVING CIRCLE HON. STEVEN R. ROTHMAN efforts that defined the men and women who have served our country and make us unique- OF HERITAGE HUNT OF NEW JERSEY ly American. The following is a brief summary. IN THE HOUSE OF REPRESENTATIVES On March 19, 1945, the Essex-class battle HON. GERALD E. CONNOLLY Tuesday, December 21, 2010 carrier, the USS Franklin, had maneuvered OF VIRGINIA Mr. ROTHMAN of New Jersey. Madam less than 50 miles from the coast of Japan. It IN THE HOUSE OF REPRESENTATIVES Speaker, I rise today to recognize Mrs. Bar- was closer than any American ship had been Tuesday, December 21, 2010 bara Heiser O’Neil, a resident of Hawthorne to Japan during the war. The crew had been Mr. CONNOLLY of Virginia. Madam Speak- Township, New Jersey, for her 35 years of de- battle-tested since the summer of 1944 and er, I rise today to recognize the Giving Circle voted service to the citizens of New Jersey as launched numerous attacks on the enemy in of Heritage Hunt in Gainesville, Virginia. a Constituent Affairs Manager at Public Serv- the Pacific from Iwo Jima to the Bonin Islands. The Giving Circle was established by mem- ice Electric and Gas. It had survived multiple attacks by the enemy bers of the Heritage Hunt community to assist Barbara O’Neil grew up in Paterson, New from bombers, torpedo assaults, and kami- local non-profit organizations with financial do- Jersey and studied at Montclair State Univer- kaze missions. A direct hit from a bomber on nations. Members of the Giving Circle save sity and Yale. She held various roles as an October 3rd killed 3 sailors and wounded 22 one dollar each day for this effort. At the end employee at Public Service Electric and Gas and a suicide bomber struck the Franklin on of the year, the organization’s membership (PSEG), eventually becoming a Constituent October 30th, killing 56 and wounding 60 on considers applications from non-profits and Affairs Manager. Mrs. O’Neil is well known to board. Following a grueling tour of duty the votes on the recipients of the annual dona- every Congressional District Office in New Jer- previous year, the Franklin had been repaired tions. sey. Congressional members and staff know and was stationed near the Japanese main- It is my honor to enter into the CONGRES- that when a constituent need arises, Mrs. land in 1945 where it was launching attacks SIONAL RECORD the recipients of the Giving O’Neil will always help in a manner that is on the mainland island of Honshu and the Circle’s 2010 donations: both timely and caring. Kobe Harbor. BEACON for Adult Literacy provides tutoring Mrs. O’Neil has had a significant impact on On March 19, a Japanese bomber dropped to adults in English for Speakers of Other Lan- my constituents throughout her career at from the clouds and struck the Franklin with guages (ESOL), the GED or high school PSEG, yet her contributions to the people of two armor-piercing bombs in a devastating hit equivalency test, and basic reading, writing, New Jersey extend beyond her role as a Con- that penetrated the deck, destroyed the ship’s and math skills. BEACON also provides life- stituent Affairs Manager. She is devoted to communication system, and caused it to be- skills workshops on topics such as health and giving back to her community as a volunteer, come engulfed in flames. Just off the Japa- safety, nutrition, financial literacy, parenting currently serving as a member of the Board of nese coast, the Franklin was dead in the skills and community resources. Bergen Community College and Gilda’s Club water. There were countless stories of heroics Brethren Housing Corporation is in its 22nd of Northern New Jersey. She has also served among the 704 survivors who saved the lives year of providing sustainable, permanent af- on the Board of the American Cancer Society. of many more who would have otherwise per- fordable housing and transitional housing to Mrs. O’Neil’s commitment to improving the ished. Of the many heroes that day, the ship’s low- and middle-income families in the Greater lives of her fellow New Jerseyans shines chaplain, LCDR Joseph T. O’Callahan, led Manassas and Prince William County area. through in all that she does. rescue efforts through twisted metal, burning Court Appointed Special Advocates of Madam Speaker, today I would like to rec- debris, and suffocating smoke while admin- Greater Prince William County trains volun- ognize Barbara Heiser O’Neil’s dedication to istering last rites and comforting the wounded. teers to protect abandoned, abused or ne- the State of New Jersey and congratulate her LT Donald Gray discovered 300 men glected children. The Advocates help the chil- on her outstanding career. I send her my best trapped in a mess compartment and led re- dren receive the assistance they need to over- wishes for a happy and healthy retirement. peated efforts to evacuate them and rescue come their trauma and find a permanent them from certain peril. Both men received the f home. The organization currently serves 400 Medal of Honor for their bravery. In total, 724 children with the help of more than 100 volun- HONORING THOSE WHO SERVED sailors were killed in the attack and 265 were teers. ON THE USS FRANKLIN DURING wounded. Through the blistering assault from The Prince William Area Free Clinic is a WORLD WAR II the enemy, the USS Franklin was the most public-private partnership between Prince Wil- heavily damaged ship to survive the war and liam and Sentara Potomac Hospital, the HON. JOHN B. LARSON managed to make it back to port. Prince William Medical Society, and the Prince OF CONNECTICUT Many of the survivors went on to lead re- William Health Department. It is staffed by vol- IN THE HOUSE OF REPRESENTATIVES markable lives. Spencer Le Van Kimball went unteer professionals and support staff to help on to become a Rhodes Scholar and the meet the needs of the low-income and unin- Tuesday, December 21, 2010 youngest Dean of the University of Utah Law sured population. Mr. LARSON of Connecticut. Madam School at the age of 35. Alphonse Goodberlet Project Mend-a-House uses the skills of vol- Speaker, I rise today to pay homage to my fa- was a pilot who was wounded while serving unteer carpenters, plumbers, electricians,

VerDate Mar 15 2010 02:31 Jul 23, 2011 Jkt 099060 PO 00000 Frm 00019 Fmt 0626 Sfmt 9920 E:\RECORD10\RECFILES\E21DE0.REC E21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE E2228 CONGRESSIONAL RECORD — Extensions of Remarks December 21, 2010 painters, gardeners, and others, matching A brilliant essay. A must read for those who on sons, daughters, sisters, brothers, future them with people in need of minor home re- treasure and promote human rights. And spouses and friends, mothers and fathers— pairs and safety modifications. equally applicable to us—in the United destroyed in the form of those to whom we owe, quite simply and certainly, the greatest Transitional Housing Barn provides housing, States—which mourns, or will mourn some- solidarity and duty of care because they are supportive services, life management skills day, killing over 53 million children by abortion the weakest and most dependent of our fel- and financial education for homeless women since 1973. low humans. All else that we concern our- and their dependent children. LORD NICHOLAS WINDSOR WARNS EUROPEANS selves with in the lives of human beings de- Madam Speaker, I ask that my colleagues NOT TO FORGET THEIR MOST PRESSING rives from the inescapable fact that first we join me in commending the Giving Circle of MORAL ISSUE: ABORTION must have human lives with which to con- Heritage Hunt for helping these worthy organi- [From First Things, Dec. 1, 2010] cern ourselves. By disregarding this self-evident fact of the debt owed immediately to zations further their missions to assist our less (By Lord Nicholas Windsor) the unborn—which is to be allowed to be fortunate neighbors. I extend my personal ap- At the close of the last century, as the born (and let us not forget that all of us preciation to the Giving Circle for promoting reckoning was drawn up in Europe for the might have suffered just the same fate before the spirit of charity and generosity in our com- actions and reactions of the twentieth cen- our birth)—humanity’s deepest instincts are munity. tury, could we not have been forgiven for trampled and shattered. tending a little toward the view that we had, f This was only an implausible glimmer in after everything, acquitted ourselves rather the eyes of the most radically progressive LORD NICHOLAS WINDSOR URGES well? Hadn’t we a long list of accomplish- thinkers and activists a century ago. Today NEW ABOLITIONISM ments to admire in the years after 1945? We legal, permissive abortion is a fact of life so had expunged Fascism, at immeasurable deeply embedded and thoroughly normalized human cost, and we had made profound rep- in our culture that—and this is the most in- HON. CHRISTOPHER H. SMITH aration for its effects. We had washed our sidious factor in that normalization—it has OF NEW JERSEY hands of colonialism and vastly improved been rendered invisible to politics in Europe. IN THE HOUSE OF REPRESENTATIVES the material lot of the poor in our own coun- Even mentioning it has become the first tries. We had built robust democracies and taboo of the culture. Tuesday, December 21, 2010 welfare states and novel institutions in Eu- There are consciences in Europe, it must Mr. SMITH of New Jersey. Madam Speaker, rope to defuse nationalisms and guarantee be stressed, that glow white-hot for justice I rise tonight as former and incoming Chair- peace among former belligerents. We had ad- and strive continuously for this darkest fact vanced the rights of women—indeed, the man of the Foreign Affairs Human Rights of our public life to appear in public debate whole spectrum of rights. We had won the as clearly as it does across the Atlantic in Committee to ask my distinguished colleagues Cold War. the United States. For most of our contem- of the House to take a few moments to read Much more could be added, I think. Poised poraries, however, this is a matter that im- a brilliant, incisive, extraordinarily well written just then before the new millennium, seeing pinges little. The effectiveness of determined defense of the child in the womb by Lord what vast work had been done in our soci- campaigns of propaganda at the outset to Nicholas Windsor of the UK, great grandson of eties, mightn’t it have seemed quite possible harden consciences, and gradually to enforce King George V. that the greatest moral cancers in our civili- a conformism that fears to question what is Calling the abortion of unborn children ‘‘the zation had been at least contained and pos- said to be a settled issue, has worked won- sibly eradicated? Hadn’t history, at least derfully well. single most grievous moral deficit in contem- this moral cycle of history, really reached an And this enforcement of a new status quo porary life,’’ he appeals to conscience and ad- end? succeeds so well due, surely, to benefits en- monishes us to the ‘‘greatest solidarity and In the decade since the turn of the millen- joyed as a result—benefits of an order that duty of care because they are the weakest nium, the cultural mood has been less happy, make acceptable even the killing of inno- and most dependent of our fellow humans.’’ for a variety of reasons. Even at its most cents, by their protectors, on a scale that Lord Nicholas notes that ‘‘permissive abor- confident, however, the West generally rec- freezes the imagination. How much then tion is a fact of life so deeply embedded and ognized that some work remained to be done. must depend on its remaining so, remaining So, for example, the position of the poorest thoroughly normalized in our culture that—and beyond question? This is the nub of that ide- in the world, it is held, will gradually and ological word choice. So much else can be this is the most insidious factor in that normal- continually improve if enough effort is chosen in a given life if the option to dispose ization—it has been rendered invisible to poli- made, not least by the developed world. For of unwanted children is dependably avail- tics in Europe. Even mentioning it has become the mitigation of global warming and cli- able. So many intoxicating freedoms are the first taboo of the culture.’’ mate change, political determination will newly established, if only abortion is never And how can that be? suffice to alter the carbon-hungry lifestyles again denied to women and to men. Lord Nicholas faults ‘‘determined campaigns that cause the problem. But what of the cost? As with the cost of of propaganda at the outset to harden con- The point here is that moderate political previous great willful destructions of human activity is believed to be the sort of thing re- sciences, and gradually to enforce a con- life, of whole classes of human life, the fact quired to address these problems, and there that it must and will be borne is a certainty, formism that fears to question what is said to is a reasonable degree of optimism that such whatever the nature and scale of it. Of be a settled issue.’’ political activity will be usefully brought to course, in the first order of consequences, Settled? Not here in the U.S., Madam bear, without the need to resort to force. the price paid by the victims is not obscure: Speaker, and hopefully not for long in Europe A remaining category of problems still to We must never forget that the heaviest price either. be dealt with could be bundled together as is paid by those whose lives are not to be On what he calls a ‘‘moral world turned up- ‘‘Rogue Regimes, the Taliban, and al- lived. side down,’’ Lord Nicholas says, ‘‘the greatest Qaeda.’’ This category rightly causes public In the second order of consequences, how- alarm and engenders calls for robust and, ever, we must look closely at the hidden bur- irony may be that a broad consensus exists, where necessary, lethal response. But these den faced by those, especially mothers, who in a highly rights-aware political establishment, are not threats that appear existential and participate in these acts and the losses af- in favor of one of the gravest and most egre- have not as yet provoked a real sense of pub- fecting present and future society. How will gious abuses of human rights that human so- lic crisis. Neither have they brought about a society regard itself, or value its own dis- ciety has ever tolerated. Didn’t Europeans mass political action in the West. They are tinctive culture, when it has placed this fear- think they could never and must never kill still, I believe, seen as problems that will ul- ful act at its center—consciously approving, again on an industrial scale? What a cruel de- timately be solved, or at least kept at bay, even celebrating, its own most egregious ceit, then, that has led us to this mass killing without huge social upheaval on our home moral failing? Will it have the confidence soil and certainly with nothing like the war- simply to regenerate itself? To survive by of children . . . .’’ fare resorted to by previous generations. producing the next generation of children in ‘‘This is the question of questions for Eu- Is it still possible then that we can point to sufficient numbers? rope;’’ he writes, ‘‘the practice of abortion is a anything of any real significance that had I would like to emphasize that we must mortal wound in Europe’s heart.’’ been overlooked, anything dangerous smug- never mistake the secondary effects of this And he goes on to persuasively advocate gled into this new phase of history that has moral enormity for the primary, as this for a new ‘‘abolitionism’’ for Europe akin to the caught us unawares? I would say that this is would surely be to instrumentalize the vic- movement to abolish slavery. But the notes indeed the case, and I would like to focus es- tims and fail again in our duty of respect toward them. It would be an absurdity such as are ever mindful of the need to meet the pecially on a matter and a practice that constitutes the single most grievous moral def- if the real tragedy of the Shoah were felt needs of women: ‘‘The task for us is not mere- icit in contemporary life: the abortion of our first of all to lie in the social consequences. ly to abolish. We must also creatively envis- unborn children. No, what we must first lament is the mass age new and compelling answers to the prob- This is a historically unprecedented cas- destruction of human beings who had first lems that give rise to this practice . . . .’’ cade of destruction wrought on individuals: been deemed worthless. The fact in itself is

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DAVID WU to the SFV for its unique contribution to the may be that a broad consensus exists, in a OF OREGON ethnic fabric of the Northern Virginia commu- highly rights-aware political establishment, nity. in favor of one of the gravest and most egre- IN THE HOUSE OF REPRESENTATIVES f gious abuses of human rights that human so- Tuesday, December 21, 2010 ciety has ever tolerated. Didn’t Europeans Mr. WU. Madam Speaker, I rise today to HONORING THE LIFE OF DR. think they could never and must never kill HYLAN BENTON LYON, JR. again on an industrial scale? What a cruel pay tribute to Lieutenant Commander Michael deceit, then, that has led us to this mass ‘‘Ray’’ Cain, U.S. Coast Guard. Lieutenant killing of children, for a theoretical greater Commander Cain retired in September 2010 HON. RALPH M. HALL good, which in this case is simply the wish after 27 years of faithful and diligent service to OF TEXAS not to be bound by a pregnancy unless it is the U.S. Coast Guard and his Nation. IN THE HOUSE OF REPRESENTATIVES fully and freely chosen and which, outside of Lieutenant Commander Cain enlisted in the Tuesday, December 21, 2010 that parameter, is declared, by fiat, to be U.S. Coast Guard in September 1983 and null and void. quickly rose through the ranks to Senior Chief Mr. HALL of Texas. Madam Speaker, I rise The sophistry is overwhelming: If I choose Petty Officer. He then earned a commission today to honor the memory of a dedicated vet- and desire my child, then ipso facto I have as a Chief Warrant Officer in 1999 prior to eran and scientist, Dr. Hylan Benton Lyon, Jr., granted it the right to live, and it will live. being selected for promotion to Lieutenant and of Heath, Texas, who died at the age of 74 on But the inverse is equally the case, by means July 20, 2010. of nothing more or less than my choice: subsequently Lieutenant Commander in 2009. LCDR Cain has diligently served the Coast Born July 20, 1936 in New London, Con- Caesar’s thumb is up, or Caesar’s thumb is necticut, Dr. Lyon was the son of World War down. And when it comes to exporting this Guard both afloat and ashore as a subject idea, we do it with zeal and determination matter expert in electrical systems and marine II Veteran Rear Admiral Hylan Benton Lyon, through such institutions as the United Na- inspections. Sr. and Wilma Lyon. In 1958, Hylan graduated tions and the European Union. Lieutenant Commander Cain completed a from the United States Naval Academy and proudly served his Nation as a naval recon- The granting to ourselves of the right wan- seven-year tour in Astoria, Oregon, as the tonly to kill, each year, millions of our off- sole senior marine inspector responsible for naissance pilot during the Vietnam War from spring at the beginning of their lives: This is ensuring the safety of more than 75 pas- 1958 to 1969. In addition during his naval ca- the question of questions for Europe. The senger vessels that carry thousands of pas- reer, he attended the University of California, practice of abortion is a mortal wound in Eu- sengers each year into the oftentimes haz- Berkley where he earned a PhD in physical rope’s heart, in the center of Hellenic and ardous waters off the Oregon and Washington chemistry. Judeo-Christian culture. coasts. Dr. Lyon enjoyed a very successful career, Having so recklessly carried this poison Former Oregon Governor Tom McCall once serving under President Richard M. Nixon and out of the twentieth—the ugliest of all cen- said, ‘‘Heroes are not giant statues framed President Gerald Ford on the President’s turies—let us, for the sake of all that has against a red sky. They are people who say, Science Advisor staff, which included working been good and beautiful and true about the ‘This is my community, and it is my responsi- on the Advanced Aircraft Instrumentation pro- culture of the West, be clear that there is an bility to make it better’ ’’ Lieutenant Com- gram of the U.S. Office of Naval Research. In urgent moral priority here. Call it a ‘‘New addition, he worked as a Science Policy Ana- Abolitionism for Europe’’—the word aboli- mander Michael ‘‘Ray’’ Cain truly is an Amer- lyst with the State Department. He was a sen- tionism emphasizing the continuity between ican hero, for he has devoted much of his life the challenge faced now with the to making his country and community better. ior consultant to the White House Office of generational campaigns waged so clear- It is an honor for me to recognize Lieutenant Science and Technology Policy on Inter- sightedly in late-nineteenth-century Amer- Commander Cain for his service and for pro- national Science and Technology under Presi- ica to rid itself of the injustice of slavery. viding a heroic example to us all. dent Jimmy Carter. The abolitionists, I believe, exemplify the As a civilian, Dr. Lyon was a deputy director f courage and imagination required, even if of the Science, Technology and Industry Di- they do not provide perfect templates for IN RECOGNITION OF THE SIKH rectorate in the Organization of Economic Co- what we face now. FOUNDATION OF VIRGINIA’S 2010 operation and Development in Paris, France This is a task that calls for a broader ap- ANNUAL CULTURAL PROGRAM and then spent ten years with Texas Instru- proach to the safeguarding of life, as taught ments. While at Texas Instruments, Dr. Lyon to us by those earlier struggles to apportion HON. GERALD E. CONNOLLY used his vast experience in risk management value where it previously had not been and water resources serving as a member for deemed to exist. We must re-enliven the val- OF VIRGINIA uing of life, and this cannot restrict itself to IN THE HOUSE OF REPRESENTATIVES President Carter’s National Agenda for the Eighties Commission and as a chairman of the the question of abortion, despite its moral Tuesday, December 21, 2010 centrality. It must have regard to every National Defense University Distinguished Fel- threat to the integrity of human beings, at Mr. CONNOLLY of Virginia. Madam Speak- lows with oversight of the Mobilization of Con- all stages of their being and in all cir- er, I rise today to recognize the Sikh Founda- cepts Development Center. Following his time cumstances. tion of Virginia’s 2010 Annual Cultural Pro- at Texas Instruments, Dr. Lyon was the chief The task for us is not merely to abolish. gram. technology officer for Marlow Industries for fif- We must also creatively envisage new and The Sikh Foundation of Virginia (SFV) was teen years and then worked for Dumas Capitol compelling answers to the problems that established in 1987 to serve the religious and Partners LLC. give rise to this practice, when the easiest spiritual needs of the Northern Virginia Sikh Dr. Lyon was the president and COO of solutions may be destructive or distorting community. The SFV promotes religious, edu- Polytronix Inc. and was the co-founder of the ones. And the goal is that human life, with- cational, social and cultural aspects of Sikhism Texas Institute of Science. He was a member out any exception, may be as treasured and and collaborates with other religious organiza- of the Organization of Economic and Co-Oper- respected as the highest moral thought has perennially called for it to be, and as our tions to host inter-faith events. The SFV is a ation of Development. In addition he was a consciences surely sound the echo. welcome participant in an ethnically diverse member of the Cosmos Club in Washington, Northern Virginia community. DC, Park City Rotary, Rockwall Republican Author affiliation: The Annual Cultural Program brings the vi- Men’s Club and the Rockwall Power Team. Lord Nicholas Windsor studied theology at brant heritage of Sikhism and the Indian state He was an avid biker and fisher and had a Oxford University and is patron of the Right of Punjab to Sikh American youth in Northern love for sailing. He also was active in commu- to Life Charitable Trust and the Catholic Virginia through songs, dances, poems, and nity service. National Library. Great-grandson of King George V of the United Kingdom, Windsor is literature readings. The event encourages Sikh Hylan is survived by his wife, Sandra Starr the first blood member of the British royal Americans, especially children, teens and Lyon, son Matthew Lyon and wife Jasmine family to be received into the Catholic young adults, to preserve the culture and tra- Andrew Lyon, son Jonathan Lyon, son Chris- Church since King Charles II on his deathbed ditions of their Sikh ancestors as they grow to topher Starr and wife Rebecca, and son Ken- in 1685. be contributing members of American society. neth Starr and wife Jennifer, daughter Karen

VerDate Mar 15 2010 02:31 Jul 23, 2011 Jkt 099060 PO 00000 Frm 00021 Fmt 0626 Sfmt 9920 E:\RECORD10\RECFILES\E21DE0.REC E21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE E2230 CONGRESSIONAL RECORD — Extensions of Remarks December 21, 2010 Rogers, several grandchildren, his sister Shar- compassion in equal measures. That is true in Virginia and is a founding member of the Na- on Gugat and her husband Kevin, and several her personal life as well as her professional tional Consortium of Specialized Secondary nieces, nephews, and cousins. He is also one. I know, for example, how deeply her par- Schools of Mathematics, Science, and Tech- missed by those in the community and his ents came to rely on Colleen as they nego- nology. classmates from the Naval Academy. tiated the not uncommon challenges of aging. In 2007, 2008, 2009, and 2010, TJHSST Madam Speaker, I am privileged to have They knew, as I do, that you can always rely was ranked the best public school in the Na- known such a wonderful citizen of Heath, on Colleen. tion by U.S. News & World Report and has Texas, who leaves a legacy in public service A Congressman’s Chief of Staff generally fielded more National Merit Semifinalists than and in science that will be long remembered. has two major responsibilities. The first is to any other high school for most the 1990s and f serve as principal adviser. I just touched on 2000s. Between 2000 and 2005, more IN APPRECIATION OF MARY how important Colleen’s counsel has been. TJHSST students qualified for the United The other role, of course, is building and man- States of America Mathematical Olympiad COLLEEN MCCARTY aging a good staff, something at which Col- than from any other high school and the leen has always excelled. She cares about school has a distinguished history of U.S. HON. ALAN B. MOLLOHAN people, supports them, and helps them grow, Physics Olympiad Team participation and OF WEST VIRGINIA both professionally and personally. medal winners. In 2007, 2009, and 2010, IN THE HOUSE OF REPRESENTATIVES The culture of my office has always been a TJHSST held the record for the highest num- Tuesday, December 21, 2010 positive one, and that is thanks in large part ber of Intel Science Talent Search Mr. MOLLOHAN. Madam Speaker, on Janu- to Colleen’s leadership. I speak for myself as Semifinalists. Seven Rhodes Scholars have ary 2, 1974, a gallon of gas cost about 53 well as scores of staffers over the years in graduated from TJHSST, more than the num- cents, the Dow Jones Industrial Average thanking Colleen for a thousand kindnesses, ber of Rhodes Scholars at most colleges in closed at 855, and the top-selling 45 on Bill- large and small, visible and hidden. In a very the entire country. board’s chart was Jim Croce’s ‘‘Time in a Bot- real way, Colleen retires with two bodies of Each year, more than 25 percent of the tle.’’ That was also the day a recent college work. The first is her sizable contributions to graduating class accepts admission to the Uni- graduate, Mary Colleen McCarty, began her the congressional work of my father and me. versity of Virginia. Other prominent colleges professional career, reporting to work in the And the second is the large network of staffers popular among the graduates include the Col- personal office of Representative Robert H. who have benefited from her support and lege of William and Mary, Duke University, Mollohan of West Virginia’s first congressional mentoring over the years. In both bodies of and Princeton University. A number of grad- district. work, Colleen enters retirement knowing that uates also have accepted appointments to On January 2, 2011, Colleen will bring that she made a difference in people’s lives, that West Point or the U.S. Naval Academy, be- remarkable career to a close, retiring from my she left things better than she found them. coming officers in our Armed Forces. office as Chief of Staff. For the 37 years be- And what more satisfaction could one ask of The incredible success of TJHSST would tween those two January days—9 years spent any career? not be possible without the commitment of an working for my father and 28 in my office— I always dreaded the prospect of having to exceptional educational staff, the dedication of Colleen built a record of service and accom- replace Colleen. She actually tried to retire parents and families, and the determination plishment that few congressional staffers can once or twice but always made the mistake of and drive of the students. All work together to match. asking me rather than telling me. My response support the efforts of every student and help All of us understand how important staff is never varied—‘‘No, Colleen, I just don’t think ensure that each will succeed in college and to our work. It’s been one of my privileges to it’s the right time.’’ And it never was the right during their professional lives. work with many terrific staffers throughout my time, for me anyway. I simply relied on her too Madam Speaker, I ask that my colleagues 28 years in Congress, men and women who much. join me in congratulating Thomas Jefferson have contributed to the first district in a wide Well, Madam Speaker, now it is, finally, the High School for Science and Technology on variety of ways and whom I am proud to call right time. As I prepare to leave office, I take its 25th Anniversary and in commending the friends today. But Colleen has always been with me many wonderful things. But few mean community and the school for providing the the one constant. Few staffers survive, let as much to me as the support and the friend- very best education possible for our next great alone thrive, for 37 years in what can be a ship of Mary Colleen McCarty. My wife, Bar- generation. stressful and demanding work environment. bara, and I offer Colleen our warmest wishes f But what’s behind that longevity? In Colleen’s for a wonderful retirement. COMMEMORATING THE 96TH NA- case, several things. f First is a real commitment to public service. TIONAL CONVENTION OF THE Colleen never lost sight of our purpose here. TO CELEBRATE THE 25TH ANNI- CHURCH OF GOD BY FAITH She came to work every day determined to VERSARY OF THOMAS JEFFER- help the residents of the first district. She SON HIGH SCHOOL OF SCIENCE HON. CORRINE BROWN began her career as a caseworker, helping AND TECHNOLOGY OF FLORIDA somebody get the VA benefits he’d earned or IN THE HOUSE OF REPRESENTATIVES qualify for black lung benefits after a career in HON. GERALD E. CONNOLLY Tuesday, December 21, 2010 the mines, or maybe making sure someone OF VIRGINIA else was getting the right social security check IN THE HOUSE OF REPRESENTATIVES Ms. CORRINE BROWN of Florida. Madam or helping an American stranded overseas Speaker, I rise today to commemorate the Tuesday, December 21, 2010 with a visa problem. There’s nothing abstract 96th National Convention of The Church of about that work; you see the results imme- Mr. CONNOLLY of Virginia. Madam Speak- God By Faith. The Church Of God By Faith diately and tangibly, and that was a lesson er, I rise today to congratulate Thomas Jeffer- was founded in 1914 for the expressed pur- that Colleen applied to all of her work in my son High School for Science and Technology, pose of glorifying God in the beauty of ‘‘Holi- office—what we do up here matters to people TJHSST, on the occasion of its 25th Anniver- ness’’. The Founders, Crawford Bright, Elder and for that reason alone all of us need to do sary. Established in 1985, Thomas Jefferson John Bright, Aaron Matthews, Sr., and Na- our best. High School for Science and Technology is thaniel Scipplo had a desire to seek the qual- Another thing that Colleen brought to work the result of collaboration among the local and ity of life and character which is set before every day was her honesty and the courage of State leaders, Fairfax County Public Schools Christians as an ideal guide and moral obliga- that honesty. I learned early on not to ask Col- and the business community to improve edu- tion. This bonding or coming together and leen’s advice unless I were willing to hear cation in science, mathematics, and tech- consequent formation of the Church of God By something completely opposite of what I be- nology. Faith was to serve as a basis whereby believ- lieved or hoped to hear. Colleen never hesi- Located in the heart of the 11th Congres- ers could be encouraged, educated in the tated to speak her mind to me, and, fortu- sional District of Virginia, TJHSST is the pre- Word of God, strengthened, sustained, spir- nately, she didn’t always wait to be asked. I mier high school in the United States, and its itually grow, and be united in an environment have always understood how important that success continues to make Fairfax County where the Spirit of Christ is truly active. The quality is. one of the most sought out communities in Church was materialized from the perceptional Honesty is only one measure of Colleen’s which to live and do business. It is one of 18 thought of foresighted, spiritually led and personal integrity. She also has strength and Governor’s Schools in the Commonwealth of blessed individuals.

VerDate Mar 15 2010 02:31 Jul 23, 2011 Jkt 099060 PO 00000 Frm 00022 Fmt 0626 Sfmt 9920 E:\RECORD10\RECFILES\E21DE0.REC E21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 21, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E2231 This enlightened tradition and founding prin- work product rather than watering down these Providing for consideration of the joint resolu- ciple is emboldened by its current spiritual protections in Conference, we might have tion (H.J. Res. 105) making further continuing leader, Bishop James E. McKnight, a man of avoided some of the financial problems we ex- appropriations for fiscal year 2011, and for great vision and purpose, whose leadership perienced at the end of 2008. Other products other purposes, had I been present, I would has spanned generations well into the present of his work for the Committee were the Securi- have voted ‘‘no.’’ millennium and well poised for the future. We ties Litigation Reform Uniform Standards legis- are indeed indebted to Bishop McKnight, all lation, which first asserted federal jurisdiction f the Presiding Elders, Pastors, Officers and over class action lawsuits in securities mat- Members who, by faith and by practice, ad- ters, as well as E-SIGN, which made digital TRIBUTE TO CHAIRMAN BART here to the founders’ dreams and goals by signatures enforceable in electronic com- GORDON maintaining the vibrancy and relevance of the merce, facilitating legal certainty for internet Church of God By Faith for all its parishioners commerce. HON. JOHN GARAMENDI and the communities they serve. In Billy Tauzin’s chairmanship, David OF CALIFORNIA Congratulations on the observance of this worked on investigations into financial fraud at IN THE HOUSE OF REPRESENTATIVES Ninety-Sixth National Convention on Decem- Enron and Arthur Andersen. His expertise in Tuesday, December 21, 2010 ber 16–19, 2010, in Atlanta, Georgia. financial markets and training as a Wall Street f lawyer proved vital to the work we did to ex- Mr. GARAMENDI. Madam Speaker, I rise pose wrongdoing at those firms. This expertise today to honor House Science and Tech- COMMENDING DAVID L. CAVICKE made him the natural choice to depose the nology Chairman BART GORDON. key executives at those firms. He subse- Chairman GORDON understands that Amer- HON. JOE BARTON quently worked on accounting standards, anti- ica is in a race—a race against other nations OF TEXAS spam legislation, anti-spyware initiatives and to invent the most advanced technologies in IN THE HOUSE OF REPRESENTATIVES legislation to protect consumers’ personal the world. And the stakes of this competition could not be higher. Only with the most ad- Tuesday, December 21, 2010 data, as well as leading staff investigations into accounting fraud at Fannie Mae and vanced technological innovation can this Na- Mr. BARTON of Texas. Madam Speaker, Freddie Mac. tion achieve economic growth, energy inde- my Chief of Staff on the Energy and Com- When I became Chairman, I promoted pendence, and strengthen our national secu- merce Committee, David L. Cavicke, will be David twice, first to be Committee General rity. leaving the Committee in January after nearly Counsel where he was a tireless advocate for For two decades, Chairman GORDON has 16 years of service on the Committee. Staff the Committee’s jurisdiction on behalf of Mem- risen to the challenge of catalyzing American work quietly out of the spotlight, and I want to bers of both parties. David made the argu- ingenuity by spearheading leading science take this occasion to commend David for the ments that finally caused the parliamentarians and technology policies. He requested a com- many issues on which he provided counsel to to recognize the Committee on Energy and plete report on America’s global competitive- the Members of the Committee and for his Commerce’s exclusive jurisdiction over tele- ness, Rising Above the Gathering Storm, and leadership of the Committee staff as Chief of communications issues as a result of the pas- has steadfastly charged up this mountain of Staff. sage of the Telecommunications Act of 1996. challenges. Chairman GORDON authored two David joined the Committee staff in 1995, I then promoted David to be Committee landmark bills to enhance our competitive- early in the tenure of Chairman Tom Bliley Chief of Staff in 2007. He was the first person ness, the America COMPETES Act, which be- and Speaker Newt Gingrich. He came to on the Republican side to have been pro- came law in 2007, and its reauthorization, Washington in his ’84 Chevy Caprice with six moted to Chief of Staff directly from the staff which will be signed into law in these last days suits and a 486 computer, knowing no one since the beginning of the Gingrich era. of 2010. Through these bills, the Chairman is and hoping to contribute to the public policy In his role as chief staff strategist for the dramatically improving STEM education, changes following the historic 1994 election. loyal opposition on the Committee to the strengthening research and development, and Tom Bliley hired David as the Committee fi- Obama Administration, David’s command of restoring America’s scientific edge. The Chair- nance counsel based on a keen intellect, a details and marshalling of resources made man has also lead initiatives to reuse elec- creative gift for policy ideas that manifested possible a legendary 17-day stand by a hand- tronic waste and to harness Nanotechnology, itself in some of the most important changes ful of Republican Members (me, Nathan Deal, which could transform everything from cancer made to financial regulation in the 1990s, a JOHN SHADEGG and the rest of the gang of 23) treatment to computers. In an increasingly par- sense of due process and willingness to listen against passage of the wide-ranging health re- tisan atmosphere, Chairman GORDON has kept to all sides of an issue, as well as a very good form law. Similarly, his careful planning helped alive the bi-partisan spirit of the Science com- sense of humor. the emboldened Republican minority resist the mittee. David helped Tom Bliley and Newt Gingrich Administration’s global warming bill until it was I thank Chairman GORDON for his profound develop and pass milestone legislation that in- shelved. He has been a vigorous advocate for service to our Nation, and I urge Congress to cluded the Private Securities Litigation Reform transparency—be it in government, or health carry on his legacy of boldly investing in Act, the only public law to be enacted over care pricing. America’s future—science and technology. President Clinton’s veto. Since becoming Chief of Staff, David has He worked with Jack Fields and ED MARKEY become the second best Texas Hold ’em play- f to pass The National Securities Markets Im- er on the Committee. He beat Howard THANK YOU TO THE PEOPLE OF provement Act of 1996, which preempted state Lederer, a world champion poker player, in THE 11TH CONGRESSIONAL DIS- regulatory authority over national securities of- heads up play in a charity tournament this TRICT OF PENNSYLVANIA ferings; required consideration of efficiency, year. As Chief of Staff, he always defended competition and capital formation in addition to the prerogatives of the Committee and its investor protection as elements of SEC Members, for which we are very grateful. My HON. PAUL E. KANJORSKI rulemakings; and also included the Bliley SEC colleagues and I on the Committee will cer- OF PENNSYLVANIA Fee reduction agreement, which saved one tainly miss his good counsel, his great admira- IN THE HOUSE OF REPRESENTATIVES billion dollars worth of fees over 10 years. tion for the institutional importance of the Tuesday, December 21, 2010 David was also the lead staffer on the Com- Committee, and his good cheer. mittee’s efforts to pass the Gramm-Leach-Bli- Mr. KANJORSKI. Madam Speaker, over the f ley Act that removed the Depression era’s bar- last 26 years it has been an enormous honor riers between banking, investment and insur- PERSONAL EXPLANATION and privilege to represent the people of the ance. He worked closely with Republican 11th congressional district of Pennsylvania as Committee members and Democratic Com- HON. TIM MURPHY a member of this body, and I rise today to ex- mittee members like JOHN DINGELL and ED OF PENNSYLVANIA press my eternal appreciation to the people MARKEY to see that investors’ interests would IN THE HOUSE OF REPRESENTATIVES who gave me the extraordinary opportunity to be protected and that the sovereign credit of serve them. the United States would not be extended to Tuesday, December 21, 2010 The youngest son of a lawyer and home- guarantee underwriting activities by banks. Mr. TIM MURPHY of Pennsylvania. Madam maker who was also a teacher, I was blessed Had the Congress accepted the Committee’s Speaker, on rollcall No. 653, H.J. Res. 1776, to grow up in a loving, supportive family who

VerDate Mar 15 2010 02:31 Jul 23, 2011 Jkt 099060 PO 00000 Frm 00023 Fmt 0626 Sfmt 9920 E:\RECORD10\RECFILES\E21DE0.REC E21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE E2232 CONGRESSIONAL RECORD — Extensions of Remarks December 21, 2010 encouraged me to pursue even the most am- licans on the Committee on Energy and Com- credit and tax breaks for small business. bitious goals. Of all the values my parents im- merce, is leaving the Committee in January These were major victories for President parted to their children, none was more impor- after nearly 16 years of service. I and other Obama. tant than education. My father, A. Peter Kan- Members of the Committee have benefited My concern is that the provisions in the bill jorski, Jr., graduated from the Wharton School from David’s sound counsel, tireless advo- demanded by Republicans come at too high a class of 1919 before completing law school at cacy, policy entrepreneurship and relentless price and impact the future well being of our the University of Pennsylvania in 1922, while optimism. Like Ronald Reagan, Cavicke be- country and our children. Based on the calls I my mother Wanda Nedbalski Kanjorski grad- lieves that you can accomplish anything if you have received, the majority of my constituents uated from Wyoming Seminary before obtain- don’t worry about who gets the credit. agree. ing her degree from Bloomsburg College. All David was invaluable to the Committee dur- four of my siblings also completed college; ing our investigations of financial fraud at According to economists the demands by Wendy from Marywood College, Aloise from Fannie Mae and Freddie Mac. He was early to Republicans to give the 6,600 wealthiest the Connecticut College for Women, A. Peter identify that fraudulent accounting masked bal- Americans a tax break of $23 billion will do III from the Wharton School as well as the ance sheets with such volumes of toxic assets nothing to stimulate our economy or create University of Pennsylvania law school, and that the firms were likely to be insolvent. As a one job. Charie from the University of Florida. This tra- result of this work, David led the development What this one provision alone will do, how- dition has continued to my parents’ grand- of ideas to improve accounting and auditing ever, is increase our out of control deficit by children, as all 13 have earned their college standards in the Committee. another 8 percent. This is irresponsible and degrees and some have pursued graduate de- David also worked extensively on privacy will make it even more difficult for our country grees. My daughter, Nancy, for example, has and telecommunications issues during my ten- to stop mortgaging our future to China; a mort- earned her doctorate in geophysics. ure as Chairman of the Commerce, Trade, gage which will ultimately fall on the backs of In light of the importance my parents placed and Consumer Protection subcommittee and our children and our grandchildren in the on education, therefore, it was extremely dis- my term as Ranking Member on the Tele- years to come. tressing for them to realize that at the age of communications subcommittee. He is a prin- I also have a deep concern about this bill’s 10 I was still having great difficulty learning cipled conservative. He also believes that impact on Social Security. My fear has to do how to read, because of what I now realize facts and data should drive policy. He has with the 2 percent reduction in employee con- was most probably an undiagnosed case of worked with Democrats and Republicans at tributions to Social Security which has the po- dyslexia. My mother and older sisters, most the FCC to promote the growth of broadband, tential to destroy the guaranteed safety net especially my sister Allie, became my personal more extensive deployment of spectrum and which keeps millions of older and disabled tutors. Under their guidance, I became a vora- greater efficiencies in the universal service Americans out of poverty. cious reader and eagerly consumed historical program. He has been an advocate for pro- While this provision is intended to be tem- biographies. From reading about Arthur tecting consumers’ privacy in the online world. porary, I have learned in my 18 years in Vanderberg and Daniel Webster, I learned He has been sensitive to the enormous tech- Washington that tax cuts are seldom tem- about congressional pages and convinced nical difficulties of using statutes to micro- porary. It is always easier to cut taxes than it Congressman Ed Bonin, the representative for manage internet commerce. is to restore them as this very bill dem- the 11th district of Pennsylvania, to appoint He is a gentlemen, a wise lawyer, an expert onstrates. me in 1953. I met my lifelong best friend Bill in the formal and informal procedures of Con- Emerson when we started as pages together, gress and scrupulously fair to persons of both The Social Security payroll tax provides an and we were unfortunate witnesses to the first parties. He has been a Chief of Staff in the independent revenue stream which keeps So- terrorist attack on the U.S. Capitol when Puer- best tradition of the Energy and Commerce cial Security from contributing to our nation’s to Rican nationalists opened fire on the floor Committee. budget deficit and outside of the budget process. of the House on March 1, 1954. f Bill returned to Congress in 1981 as a Re- If the payroll tax is not restored, which I be- publican representative from Missouri, and I TAX RELIEF, UNEMPLOYMENT IN- lieve is likely with a Republican majority in the followed him 4 years later as a Democratic SURANCE REAUTHORIZATION, House, Social Security would become depend- representative from Pennsylvania. Our political AND JOB CREATION ACT OF 2010 ent on the general fund for revenue. views were starkly different, but we respected one another’s views and disagreed agreeably. SPEECH OF This would threaten the safety net for seniors and the disabled by making it vulnerable Those of us lucky enough to be citizens of HON. LUCILLE ROYBAL-ALLARD the United States are privileged to be experi- to budget cuts and competition with other es- encing the noblest experiment the world has OF CALIFORNIA sential programs like veterans benefits and ever known: democratic self-governance. As IN THE HOUSE OF REPRESENTATIVES safety net programs for children. representatives of the people, we in Congress Thursday, December 16, 2010 By doing this, we could be sowing the must be the guardians of that experiment, and seeds for the privatization of Social Security. The House in Committee of the Whole in the words of Abraham Lincoln, ensure that House on the State of the Union had under Therefore, while this bill does provide short it does not perish from this earth. Our constitu- consideration the bill (H.R. 4853) to amend term relief, the potential long term suffering ents have entrusted us to do our very best to the Internal Revenue Code of 1986 to extend and negative impact of this bill are too high a make the United States a better place, the the funding and expenditure authority of the price to pay. reason every one of us sought to serve in Airport and Airway Trust Fund, to amend Congress. It is a sacred trust, and one I hope title 49, United States Code, to extend au- I cannot in good conscience support this bill that no Member of Congress ever forgets. thorizations for the airport improvement with the potential long term negative impact on The people of the 11th congressional district program, and for other purposes: Social Security and the unnecessary in- of Pennsylvania gave me a gift for which I will Ms. ROYBAL-ALLARD. Mr. Chair, it is with creased burden the tax cuts for the wealthiest be forever grateful, and to them I would like to a great deal of regret that I will vote against Americans will put on the shoulders of our say thank you. H.R. 4853, the Tax Relief, Unemployment In- children and grandchildren. surance Reauthorization, and Job Creation f I am saddened that my Republican col- Act. leagues demanded these irresponsible tax DAVID CAVICKE Reaching this decision has not been easy cuts for the wealthiest Americans in exchange because President Obama fought for and suc- for the very critical provisions of this bill sup- HON. CLIFF STEARNS ceeded in getting several provisions into this ported by the President. While I am heartened OF FLORIDA bill which I wholeheartedly support. that we are acting to extend unemployment in- IN THE HOUSE OF REPRESENTATIVES Among those provisions is the extension of surance and protect those still struggling to unemployment insurance for millions of Amer- find work, there is too much in this bill that Tuesday, December 21, 2010 ican families who through no fault of their own only adds to our already uncontrollable deficit Mr. STEARNS. Madam Speaker, my friend, have lost their jobs, the child tax credit, the and does nothing to help our economy or cre- David Cavicke, Chief of Staff for the Repub- middle class tax cuts, the earned income tax ate jobs.

VerDate Mar 15 2010 02:31 Jul 23, 2011 Jkt 099060 PO 00000 Frm 00024 Fmt 0626 Sfmt 9920 E:\RECORD10\RECFILES\E21DE0.REC E21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 21, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E2233 RECOGNIZING PRINCE WILLIAM Ms. Hillman received her B.A. in Pre-Social friend and celebrated native of Paris, Texas— COUNTY BEING NAMED ONE OF Work at what was then known as Northeast legendary coach Gene ‘‘Bebes’’ Stallings who THE NATION’S ‘‘100 BEST COMMU- Louisiana University. She then continued her recently was inducted into the College Football NITIES FOR YOUNG PEOPLE’’ education by earning both her M.Ed. and Hall of Fame. Ed.D. from the University of North Texas. Coach Stallings embodies the best qualities HON. GERALD E. CONNOLLY Ms. Hillman’s devotion to the profession of of a coach, teaching his players not only how OF VIRGINIA student affairs has been evident through her to play the game but always to give their best, IN THE HOUSE OF REPRESENTATIVES membership in the Texas Association of Col- win or lose. His journey began as a stand-out lege and University Student Personnel Admin- Tuesday, December 21, 2010 player at Paris High School and continued at istrators (TACUSPA), an organization she Texas A&M University as a member of Paul Mr. CONNOLLY of Virginia. Madam Speak- served as President from 1997–1998. ‘‘Bear’’ Bryant’s famous Junction Boys. During er, I rise today to recognize Prince William Additionally, Ms. Hillman has been active his career at A&M, Gene was part of the team County, Virginia on being named one of the within the community through her active mem- that finished 9–0–1, winning a Southwest Con- nation’s ‘‘100 Best Communities for Young bership in Kiwanis, the Denton Chamber of ference Championship in 1956. He graduated People’’ by America’s Promise Alliance and Commerce and Leadership Denton. And, in from Texas A&M University with a bachelor of ING. 2006 she was selected as a member of the science in 1957 and later earned an honorary The annual ‘‘100 Best Communities for 2006 class of Leadership Texas. degree from Harding University. After his play- It is with great honor that I rise today to rec- Young People’’ competition began in 2005 and ing days, Gene arrived at Alabama to be an ognize Jan Hillman for her years of dedication was established to honor communities that assistant coach under Head Coach Paul and service to the University of North Texas. work to improve young people’s chances of ‘‘Bear’’ Bryant. He returned to Texas A&M earning a high school diploma, finding employ- I am proud to represent her and UNT in the United States Congress. University as head coach in 1965, coaching ment in a competitive 21st century workforce, there until 1971. One of the most thrilling mo- and contributing to a robust American econ- f ments of his tenure as head coach at A&M omy. America’s Promise Alliance advocates STATEMENT ON H.R. 3082, MAKING was leading his alma mater to victory against for providing youth with the resources they re- FURTHER CONTINUING APPRO- his former coach at the 1968 Cotton Bowl. quire to graduate from high school prepared PRIATIONS FOR FISCAL YEAR For the next 18 years, Gene was a success- for college, work and life. The global financial 2011 ful coach in the National Football League. For institution, ING, sponsors the awards. 14 years he served as an assistant coach for This is the first year the ‘‘100 Best’’ list in- HON. CAROLYN McCARTHY the Dallas Cowboys. He was a part of Tom cludes Prince William County. The county re- Landry’s very successful staff which led the ceived the distinction for its efforts to offer stu- OF NEW YORK IN THE HOUSE OF REPRESENTATIVES Cowboys to victory in Super Bowl XII. Gene dents leadership opportunities and reach out then became the head coach of the St. Louis Tuesday, December 21, 2010 to at-risk youth. Students in Prince William Cardinals for two years, followed by two more County who participate in the student com- Mrs. MCCARTHY of New York. Madam years as head coach for the Phoenix Car- mittee, Learning Essential Assets of Develop- Speaker, the Continuing Resolution that dinals. ment (LEAD), organize service projects to gain passed in the House of Representatives today After a very successful tenure as a coach in experience in practical planning, communica- will keep the government funded at the current the National Football League, Gene returned tion and decision-making. The county also level through March, 2011, allowing operations to college football and Alabama in 1990. His partnered with private businesses to fund the to continue for programs that would otherwise first year at Alabama started with a 0–3 construction and staffing of a community cen- have expired. Nationwide, we are continuing record; however, because of his great leader- ter and daycare facility in an at-risk neighbor- to recover from difficult economic times. It is ship, his team improved, finishing the season hood. Prince William County boasts an on more important than ever that the federal with a 7–5 record. In 1992, Alabama’s domi- time graduation rate of 88 percent, almost 20 agencies and the programs they administer, nance began as they finished the season with percent higher than the national average. which so many states and individuals depend a 13–0 record, becoming Southeastern Con- Madam Speaker, I ask that my colleagues on, receive the federal funding they need to ference champions and winning the national join me in congratulating Prince William Coun- operate without interruption. championship against Miami. In 1993, the During House floor consideration and pas- ty on being recognized as one of the nation’s Crimson Tide won their second straight South- sage of this legislation, I was unavoidably ab- ‘‘100 Best Communities for Young People.’’ eastern Conference western division title and This is a well-deserved recognition for a coun- sent from Washington due to a family health emergency. However, I am pleased that my finished with a record of 9–3–1. In 1994, his ty dedicated to providing a high quality of life team had an 11–0 regular season record. The for its residents and a world class education colleagues passed, this important legislation, which I strongly support. Crimson Tide lost in the Southeastern Con- for its children. ference title game but defeated Ohio State in f f the Citrus Bowl. Gene’s last year at Alabama RECOGNIZING THE CONTRIBU- PERSONAL EXPLANATION was 1996, and his team won 10 games and TIONS OF HARRIET JAN earned a berth in the Southeastern Con- HILLMAN HON. TIM MURPHY ference championship game against Florida. OF PENNSYLVANIA In 1996, Gene announced his retirement from HON. MICHAEL C. BURGESS IN THE HOUSE OF REPRESENTATIVES football and completed his career at Alabama OF TEXAS Tuesday, December 21, 2010 with a 70–16–1 record. This astonishing record of achievement led IN THE HOUSE OF REPRESENTATIVES Mr. TIM MURPHY of Pennsylvania. Madam to numerous awards and recognitions. Gene is Tuesday, December 21, 2010 Speaker, on rollcall No. 654, on motion to sus- a member of the Alabama Sports Hall of Mr. BURGESS. Madam Speaker, I rise pend the Rules and concur in the Senate Fame, the Texas Sports Hall of Fame, the today in recognition of Harriet Jan Hillman. Amendment to H.R. 2142, GPRA Moderniza- Texas A&M University Hall of Fame, the Gator After 23 years, Jan, as she is known by tion Act of 2010; had I been present, I would Bowl Hall of Fame, and the Cotton Bowl Hall friends and coworkers, is retiring from her post have voted ‘‘no.’’ of Fame. He was named National Coach of as Executive Director of Planning and Assess- f the Year, American Football Coaches’ Coach ment for Student Affairs at the University of RECOGNIZING COACH GENE STAL- of the Year, Walter Camp Coach of the Year North Texas in Denton, Texas. LINGS FOR SELECTION TO COL- and received the Paul ‘‘Bear’’ Bryant Lifetime In addition to her current position, since be- LEGE FOOTBALL HALL OF FAME Achievement Award. In addition, he won the ginning her career at UNT in 1987 Ms. Hillman Southeastern Conference Coach of the year has served the Denton campus as Panhellenic twice. Advisor, Director of Student Activities and As- HON. RALPH M. HALL Gene not only deserves to be inducted into OF TEXAS sistant Dean of Students. She has been an the College Football Hall of Fame but to be in IN THE HOUSE OF REPRESENTATIVES advocate for the Greek system and has con- another Hall of Fame—one that honors great tinued to serve this student population over Tuesday, December 21, 2010 fathers. His son, John Mark, was born with the last ten years even when outside of her Mr. HALL of Texas. Madam Speaker, it is a Down syndrome and a severe heart defect assigned job responsibilities. great privilege to rise today in honor of a and lived to an age, 46, that many doctors felt

VerDate Mar 15 2010 02:31 Jul 23, 2011 Jkt 099060 PO 00000 Frm 00025 Fmt 0626 Sfmt 9920 E:\RECORD10\RECFILES\E21DE0.REC E21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE E2234 CONGRESSIONAL RECORD — Extensions of Remarks December 21, 2010 was impossible. Gene and Ruth Ann, his wife, Pelican could assist in establishing a new Mr. Steele’s leadership and commitment led provided their child with the most love, care inter/intra-theater capability that could greatly to encouragement from parents within the and attention ever given to a child. John Mark increase heavy cargo lift capability and effec- Northwest ISD to run for the school board. He was born during an era where a child with tiveness, reduce the logistics footprint in the- became a member of the NWISD Board in such a disability was often institutionalized. ater, provide low cost and ‘‘green’’ cargo car- 1975, serving as a Trustee for nine years, in- The Stallings included John Mark in every de- riage, and could establish a new disaster relief cluding his term as board president. cision—family-wise or career-wise, and John capability. The Steeles’ commitment to NWISD is a Mark was a fixture at every game and practice The recent Haiti relief operation dem- family legacy as both of their sons and their of all his father’s teams. One of Gene’s great- onstrates the importance of this capability. Air- grandchildren, Chris and Tara, graduated from est legacies will be the contributions that he craft dependent on runways were initially Northwest High School. Bryson James Steele, and his family made to families with special turned away because there was insufficient one of three great-grandchildren, currently at- needs’ children. ramp space. A VTOL heavy lift transport, re- tends Kay Granger Elementary. The Steeles’ In recognition of his humanitarian efforts, quiring little support infrastructure, would have other two great-grandchildren, Caroline Gene received the Dallas Father of the Year been immune to this problem. The new VTOL Doshier and Brayden Steele, will eventually at- Award, the National Boys Club Alumni of the air-lift capability can reduce our dependence tend school at NWISD. Year Award, Arthritis Humanitarian Award of on foreign airbases and ports, as well as the It is with great honor that I rise today to recognize James M. Steele and his commitment Alabama, Humanitarian Award of the Lion’s effectiveness of anti-access strategies em- to Northwest Independent School District. I am Club of Alabama, and the Paris Boys Club ployed by our adversaries. honored to represent Northwest ISD, the town Wall of Honor. The Stallings family was hon- I encourage the Department to maintain de- of Roanoke and the Steele family in the ored by the Tuscaloosa Association of Re- velopment activities and to initiate plans for a United States Congress. tarded Citizens as the Family of the Year. capable 60 ton payload vehicle, ensuring Their efforts and generosity toward the Rise close coordination and cooperation with the f program, a program which aids develop- Air Force, Transportation Command and Air HONORING ACHIEVEMENTS OF AM- mentally disabled toddlers for entry into public Mobility Command. I further recommend that BASSADOR RICHARD HOLBROOKE school and interaction with non-disabled stu- this effort be made a program of record begin- dents, were again acknowledged with the ning in Fiscal Year 2013. SPEECH OF naming of the Stallings Building on the Ala- f HON. RUSS CARNAHAN– bama campus. In addition, Gene wrote a book RECOGNIZING THE CONTRIBU- OF MISSOURI about his son, John Mark. TIONS OF JAMES MELTON IN THE HOUSE OF REPRESENTATIVES Gene has also served as a valued and es- STEELE Friday, December 17, 2010 teemed member of President George W. Bush’s Commission on Intellectual Disability, HON. MICHAEL C. BURGESS Mr. CARNAHAN. Mr. Speaker, this week, the Board of Abilene Christian University, the the world lost a legendary diplomatic figure OF TEXAS and master peace negotiator. Ambassador Tandy Brand Corporation, People’s National IN THE HOUSE OF REPRESENTATIVES Bank of Paris, Paris Regional Medical Center, Richard Holbrooke may no longer be with us, Disability Resources, the Texas Rangers Law Tuesday, December 21, 2010 but his presence is timeless, as he leaves be- Enforcement Association, the Great Southern Mr. BURGESS. Madam Speaker, I rise hind the invaluable lessons of his life’s work. Among his many accomplishments as Wood Corporation, and the Boys and Girls today in recognition of James Melton Steele. statesman and steadfast advocate for greater Club of Paris, Texas. In 2005, Governor Rick Mr. Steele, known affectionately as ‘‘Jim’’ to stability throughout the world, Ambassador Perry appointed him to the Texas A&M Board his friends, family and members of the North Holbrooke’s most famous contribution to the of Regents, where he served as a member of Texas community was passionate for the Northwest Independent School District and its mission of global peace was his role as chief the Committee on Finance, the Committee on architect of the Dayton Peace Accords, ending students. His memory and commitment to Buildings and Physical Plant, and the Com- more than three years of bloody war in Bosnia NWISD are appropriately commemorated with mittee on Campus Art and Aesthetic. An addi- and Herzegovina. Up against deep-seated the Dedication of the James M. Steele Accel- tional responsibility as a member of the Board multi ethnic and religious divisions, a war-torn erated High School, the only school of its type of Regents is his place as the special athletic economy, and lacking government infrastruc- liaison to the A&M Systems Members. in Texas, designed to provide students an al- ture, his unwavering commitment to estab- As the 111th Congress adjourns this week, ternative venue to complete high school at an lishing a peace worthy of America’s name was I am honored to recognize the contributions of accelerated pace. fundamental to leading the accords to suc- Mr. Steele’s early life allowed him to know this great football coach and great American— cessful resolution. Gene Stallings. both north Texas and west Texas as home. As the United States considers a new way f His family followed his father’s railroad em- forward to reinvigorate Israeli-Palestinian ployment with positions in both the Fort Worth peace negotiations, Ambassador Holbrooke’s REPRESENTATIVE IKE SKELTON area and Baird, Texas where he attended memory serves as a powerful reminder of NATIONAL DEFENSE AUTHORIZA- school until 8th grade. His family returned to what can be achieved with persistent engage- TION ACT FOR FISCAL YEAR 2011 north Texas where he attended the Birdville ment, pragmatic diplomacy, and impassioned School District and met Johnnie, who was the SPEECH OF belief—not only in the necessity for resolution, love of his life and eventually became his wife but also in the ability for differing peoples to HON. IKE SKELTON and mother to their two sons, Bruce and come together in the name of a common hu- OF MISSOURI Brian. manity. IN THE HOUSE OF REPRESENTATIVES James attended Arlington State College The United States remains unwaveringly where he majored in business administration committed to ensuring Israeli security and its Friday, December 17, 2010 and developed a desire through his early work future as a Jewish democratic state, both as RIGID AEROSHELL VARIABLE BUOYANCY AIR VE- experiences to own his own business. He built a moral imperative and as a crucial strategic HICLE—ADVANCED TECHNOLOGY DEMON- and operated a concrete plant in Haltom City relationship. While we have worked to maxi- STRATOR and later bought a small country store in Roa- mize Israel’s security, through military partner- Mr. SKELTON. Mr. Speaker, I am aware noke which eventually became Steele’s Affili- ship and sanctions aimed to prevent Iranian that the Force Transformation Directorate, ated Country Market. nuclear capabilities, the fact remains, how- within the Director, Defense Research and En- The Steele’s raised their family in Roanoke ever, that Arab-Israeli tensions pose very real gineering (DDR&E) Office, is developing an and were active community members as he threats to Israeli and regional stability. Now is advanced, variable buoyancy, rigid-structure helped with sports activities and Johnnie vol- the time to ever more fervently pursue resolu- air vehicle with vertical take-off and landing unteered to help the teachers at Roanoke Ele- tion to the issues that stand in the way of (VTOL) capability and the ability to hover, all mentary. Mrs. Steele eventually made a ca- peace: borders, security, settlements, refu- while operating at maximum weight. Known as reer of education in NWISD and taught for 24 gees, and Jerusalem. the Pelican project, this effort has the potential years before retiring from Gene Pike Middle As Founder and Co-Chair of the American to provide for airship technology capable of School. As members of Roanoke Church of Engagement Caucus, I firmly believe that U.S. moving large payloads and brigade-sized units Christ, Byron Nelson encouraged Mr. Steele to leadership is paramount to the success of to a point of need. become an Elder. peace negotiations, and we must make a

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Let us call on the lessons of Ambassador tion on the Santa Clara County Board of Su- ‘O what a Woman, ‘O what a Lady . . . who Holbrooke’s work and the strength and resil- pervisors in the 1970s, and nothing made so stands before us now! ience of all those affected by conflict in Bosnia ‘O . . . what A Great American Tale.... Goody happier than the day his son Robert And ‘O, what a journey, through life in her to pursue a lasting peace between Arabs and joined the family business, Steinberg Archi- Israelis. profiles in courage, so now . . . tects, now an international architectural firm ‘O, The American Dream . . . f with offices as far afield as Shanghai. ‘O, The Promise of what all of this so means A TRIBUTE IN HONOR OF THE Madam Speaker, I ask my colleagues to join . . . to be American and so very proud! LIFE OF GOODWIN STEINBERG me in honoring Goodwin Steinberg’s exem- ‘O, from the bottom to the top . . . plary life and his multitude of accomplish- ‘O, as against all odds . . . even with all that ments. I ask also that the entire House of discrimination and hatred, she would HON. ANNA G. ESHOO Representatives extend its most sincere con- not be stopped! OF CALIFORNIA dolences to his wife of 66 years, Geraldine; From fields of slavery of yesteryears, IN THE HOUSE OF REPRESENTATIVES his children Robert (and Alice Erber) of Palo ‘O . . . as her loved ones in heaven, now Tuesday, December 21, 2010 Alto, Thomas (and Shaindel) of New York and watch over her with tears! Oprah! Ms. ESHOO. Madam Speaker, I rise to Jerusalem, and Joan Laurence of Tsfat, Israel; his 11 grandchildren, and his late grandson Teaching us all, with your lessons of life . . . honor the life of Goodwin Steinberg, a re- of answering its quest and its call! nowned architect and an active and affec- Jacob Erber Steinberg; three great grand- To be a champion of what is right! tionate community builder, who died on De- children; and sisters, Sylvia and Darlene. With your heart of kindness, all in your cember 14, 2010. For half a century, Goody On entering a synagogue, Jews begin the search of the truth as you went out Steinberg designed and developed spaces for Ma Tovu, a prayer of awe and reverence for into that night . . . professional, civic and sacred uses. He was a their sacred spaces, with the words, ‘‘How All in your warmth and love, as you fought giant who will be missed by his family, his goodly are your tents, O Jacob, your dwelling that fight! friends, and everyone who was touched by his places, O Israel!’’ As Beth Am congregants Teaching us all . . . that, ‘O . . . Black is wise, wonderful and gentle ways. enter the sanctuary he designed, they will for- Beautiful! As his grandchildren remembered their ever be reminded of Goody Steinberg and the All on her pilgrimage of truth and caring, grandfather at his memorial service at Temple goodly tents he established everywhere he sharing, loving and teaching . . . she Beth Am—the magnificent structure he de- went. He built this city on rock and soul, from brought her light. signed which is now home to some 1,600 fam- the ground up, and his family and his designs ‘O, the proof of what one life can mean! An American Heroine, as now almost like an ilies—their heartfelt words, and the very wood- stand as magnificent memorials to Goody work, paid eloquent tribute to this extraor- American Queen . . . Steinberg’s extraordinary creativity and hu- ‘O, in this our world . . . and in our lives! dinarily talented, creative, and caring commu- manity. America has been bettered in so many nity member. One after another, they spoke of Will we so find the courage? . . . The Sac- ways because of him. rifice? . . . To Fight, To Fight The how valued he made them feel, and how they f Good Fight? knew that they were cherished. This love for To make a difference, with these our so short family was the essence of Goody Steinberg, ‘O WHAT A GAL IN HONOR OF lives! and we all benefited from it. OPRAH WINFREY ‘O, an American hero . . .touching our The projects that Goody designed are now hearts, bringing your light! iconic symbols of Silicon Valley and its devel- HON. CHET EDWARDS Oprah Winfrey, is a Winner . . . A Light . . . opment from the fruit-growing Valley of the OF TEXAS A Great Beacon of Hope . . . of which Hearts Delight into the equally fruitful birth- IN THE HOUSE OF REPRESENTATIVES shines this night! place of ideas and innovation that it is today. The power of hope and courage . . . Beth Am, designed so that his daughter could Tuesday, December 21, 2010 All determination, and faith can so nourish attend a religious school to learn Jewish tradi- Mr. EDWARDS of Texas. Madam Speaker, what is right! tions, is a much loved ‘‘house of the people,’’ on behalf of a friend who works every day to ‘O, Win your Heart is open! the Hebrew translation of its name. Indeed, bring wounded warriors and Make a Wish Win you believe! Win . . . your heart is Free! everywhere people gathered, Goody trans- youth to our Capitol, I would like to include the There’s nothing you can not so be! Win . . . you stop to believe! formed into a house of the people. In his near- following in the CONGRESSIONAL RECORD at his Win . . . you take from pain and heartache, ly half-century career as an architect, he de- request. and rebuild . . . we all can be Free! Dedicated to Oprah Winfrey, the Promise of signed the restoration of the Santa Clara Children, Win . . . your . . . Free! County Courthouse, the Tech Museum of In- American . . . and what dreams, courage and There’s nothing, that you can not so do! novation and the Del Monte Hotel in Monterey. faith are made of. Your life and your example, There’s nothing, that you can not so The campus of Stanford University and the are one more watershed moment in time . . . be! entire San Francisco Peninsula bear the indel- in the healing and the growth of America! May Listen my children, as your future dreams ible mark of his warm and welcoming designs, God Bless you always, as you have blessed you are building . . . remember, Oprah infused with light, love and laughter. so many others with your kind heart. I ask that Winfrey!

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HIGHLIGHTS Senate agreed to the motion to concur in the amendment of the House to the amendment of the Senate to H.R. 3082, Full-Year Continuing Appropriations Act, with an amendment. Senate acts of genocide and other mass atrocities against ci- Chamber Action vilians, and supporting and encouraging efforts to Routine Proceedings, pages S10849–10934 develop a whole of government approach to prevent Measures Introduced: One bill was introduced, as and mitigate such acts, with an amendment in the follows: S. 4051. Pages S10929–30 nature of a substitute and with an amended preamble. Page S10929 Measures Reported: Report to accompany S. 2889, to reauthorize the Measures Passed: Surface Transportation Board. (S. Rept. No. Federal Water Pollution Control: Senate passed 111–380) S. 3481, to amend the Federal Water Pollution Con- Report to accompany S. 3302, to amend title 49, trol Act to clarify Federal responsibility for United States Code, to establish new automobile stormwater pollution, after agreeing to the following safety standards, make better motor vehicle safety in- amendment proposed thereto: Page S10933 formation available to the National Highway Traffic Harkin (for Cardin) Amendment No. 4917, in the Safety Administration and the public. (S. Rept. No. nature of a substitute. Page S10933 111–381) Report to accompany S. 3566, to authorize certain Energy Policy and Conservation Act: Senate maritime programs of the Department of Transpor- passed H.R. 5470, to exclude an external power sup- tation. (S. Rept. No. 111–382) ply for certain security or life safety alarms and sur- S. 1633, to require the Secretary of Homeland Se- veillance system components from the application of curity, in consultation with the Secretary of State, to certain energy efficiency standards under the Energy establish a program to issue Asia-Pacific Economic Policy and Conservation Act. Page S10933 Cooperation Business Travel Cards, with an amend- Indian Pueblo Cultural Center Clarification ment in the nature of a substitute. Act: Senate passed H.R. 4445, to amend Public Law S. 2982, to combat international violence against 95–232 to repeal a restriction on treating as Indian women and girls, with an amendment in the nature country certain lands held in trust for Indian pueblos of a substitute. in New Mexico. Pages S10933–34 S. 3798, to authorize appropriations of United Ohkay Owingeh Pueblo: Senate passed S. 3903, States assistance to help eliminate conditions in for- to authorize leases of up to 99 years for lands held eign prisons and other detention facilities that do in trust for Ohkay Owingeh Pueblo, after agreeing not meet minimum human standards of health, sani- to the committee amendments. Page S10934 tation, and safety, with an amendment in the nature of a substitute. House Messages: S.J. Res. 37, calling upon the President to issue Full-Year Continuing Appropriations Act: By 79 a proclamation recognizing the 35th anniversary of yeas to 16 nays (Vote No. 289), Senate agreed to the the Helsinki Final Act, with an amendment in the motion to concur in the amendment of the House nature of a substitute and with an amended pre- to the amendment of the Senate to H.R. 3082, mak- amble. ing appropriations for military construction, the De- S. Con. Res. 71, recognizing the United States na- partment of Veterans Affairs, and related agencies for tional interest in helping to prevent and mitigate the fiscal year ending September 30, 2010, with D1228

VerDate Mar 15 2010 08:13 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D21DE0.REC D21DEPT1 pwalker on DSKD5P82C1PROD with DIGEST December 21, 2010 CONGRESSIONAL RECORD — DAILY DIGEST D1229 Reid Amendment No. 4885 (to the House amend- Rejected: ment to the Senate amendment), of a perfecting na- By 32 yeas to 63 nays (Vote No. 293), Ensign ture, after taking action on the following amend- Amendment No. 4855, to amend the Treaty to pro- ments and motions proposed thereto: Page S10852 vide for a clear definition of rail-mobile missiles. Withdrawn: Pages S10894–99, S10903 Reid Amendment No. 4886 (to Amendment No. Risch Amendment No. 4878, to provide a condi- 4885), to change the enactment date. tion regarding the return of stolen United States Pages S10852, S10885 Military equipment. (By 61 yeas to 32 nays (Vote During consideration of this measure today, Senate No. 294), Senate tabled the amendment.) also took the following action: Pages S10899, S10903–04 By 82 yeas to 14 nays (Vote No. 288), three-fifths By 34 yeas to 59 nays (Vote No. 295), Wicker/Kyl of those Senators duly chosen and sworn, having Amendment No. 4895, to provide an understanding that voted in the affirmative, Senate agreed to the motion provisions adopted in the Bilateral Consultative Commis- to close further debate on the motion to concur in sion that affect substantive rights or obligations under the the amendment of the House to the amendment of Treaty are those that create new rights or obligations for the Senate to the bill, with Reid Amendment No. the United States and must therefore be submitted to the 4885 (listed above). Pages S10853, S10868 Senate for its advice and consent. Reid motion to refer the message of the House on Pages S10904–06, S10913 the bill to the Committee on Appropriations, with By 31 yeas to 62 nays (Vote No. 296), Kyl Amend- instructions, Reid Amendment No. 4887, to provide ment No. 4860, to require a certification that the Presi- for a study, fell when cloture was invoked on the dent has negotiated a legally binding side agreement with motion to concur in the amendment of the House the Russian Federation that the Russian Federation will to the amendment of the Senate to the bill, with not deploy a significant number of nuclear-armed sea- launched cruise missiles during the duration of the New Reid Amendment No. 4885. Pages S10852, S10868 START Treaty. Pages S10906–09,S10913–14 Reid Amendment No. 4888 (to (the instructions) By 30 yeas to 63 nays (Vote No. 297), Kyl Amend- Amendment No. 4887), of a perfecting nature, fell ment No. 4893, to provide that the advice and consent when Reid Amendment No. 4887, fell. of the Senate to ratification of the New START Treaty Pages S10852, S10868 is subject to an understanding regarding the non-use of Reid Amendment No. 4889 (to Amendment No. covers by the Russian Federation that tend to interfere 4888), of a perfecting nature, fell when Reid with Type One inspections and accurate warhead count- Amendment No. 4888, fell. Pages S10852, S10869 ing, is subject to the United States and the Russian Fed- Signing Authority—Agreement: A unanimous- eration reaching an agreement regarding access and moni- consent agreement was reached providing that Sen- toring, and is subject to a certification that the Russian ator Webb be authorized to sign any duly enrolled Federation has agreed that it will not deny telemetric ex- bills and joint resolutions beginning December 27, changes on new ballistic missile systems it deploys during the duration of the Treaty. Pages S10909–13, S10914–15 2010 through 11:59 a.m., Monday, January 3, 2011. Pending: Page S10934 Corker Modified Amendment No. 4904, to provide a Treaty with Russia on Measures for Further Re- condition and an additional element of the understanding duction and Limitation of Strategic Offensive regarding the effectiveness and viability of the New Arms—Agreement: Senate continued consideration START Treaty and United States missile defenses. of Treaty Doc. 111–5, between the United States of Page S10888 America and the Russian Federation on Measures for During consideration of this treaty today, Senate took the Further Reduction and Limitation of Strategic the following action: Offensive Arms, signed in Prague on April 8, 2010, By 67 yeas to 28 nays (Vote No. 292), three-fifths of with Protocol, taking action on the following those Senators duly chosen and sworn, having voted in the affirmative, Senate agreed to the motion to close fur- amendments proposed thereto: Page S10888–21 ther debate on the treaty. Page S10888 Adopted: A unanimous-consent agreement was reached providing Kerry (for Kyl) Amendment No. 4864, to require for further consideration of the treaty at approximately 9 a certification that the President intends to mod- a.m., on Wednesday, December 22, 2010, and that the ernize the triad of strategic nuclear delivery vehicles. time during adjournment or period of morning business Page S10915 count post-cloture. Page S10934 Kerry (for LeMieux) Modified Amendment No. 4908, to require negotiations to address the disparity Nominations Confirmed: Senate confirmed the fol- between tactical nuclear weapons stockpiles. lowing nominations: Pages S10915–21

VerDate Mar 15 2010 08:13 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D21DE0.REC D21DEPT1 pwalker on DSKD5P82C1PROD with DIGEST D1230 CONGRESSIONAL RECORD — DAILY DIGEST December 21, 2010 By 56 yeas 39 nays (Vote No. EX. 290), Benita Record Votes: Ten record votes were taken today. Y. Pearson, of Ohio, to be United States District (Total—297) Pages S10853, S10885, S10887, S10888, Judge for the Northern District of Ohio. S10903, S10903–04, S10913, S10914 Pages S10885–87 Adjournment: Senate convened at 9:30 a.m. and By 58 yeas 37 nays (Vote No. EX. 291), William adjourned at 11:05 p.m., until 9 a.m. on Wednes- Joseph Martinez, of Colorado, to be United States day, December 22, 2010. (For Senate’s program, see District Judge for the District of Colorado. the remarks of the Acting Majority Leader in today’s Pages S10885–88 Record on page S10934.) Messages from the House: Pages S10928–29 Additional Cosponsors: Page S10930 Committee Meetings Statements on Introduced Bills/Resolutions: (Committees not listed did not meet) Pages S10930–32 INTELLIGENCE Additional Statements: Pages S10927–28 Select Committee on Intelligence: Committee held closed Amendments Submitted: Pages S10932–33 hearings on intelligence matters, receiving testimony Authorities for Committees to Meet: Page S10933 from officials of the intelligence community. Committee recessed subject to the call. h House of Representatives Python genera as an injurious animal, with an Chamber Action amendment (H. Rept. 111–693); and Public Bills and Resolutions Introduced: 10 pub- H. Res. 1782, providing for consideration of the lic bills, H.R. 6560–6569 were introduced. Senate amendment to the House amendment to the Pages H8940–41 Senate amendment to the bill (H.R. 3082) making Additional Cosponsors: Page H8941 appropriations for military construction, the Depart- ment of Veterans Affairs, and related agencies for the Reports Filed: Reports were filed today as follows: fiscal year ending September 30, 2010 (H. Rept. H.R. 6116, to reform the financing of House elec- 111–694). Page H8941 tions, and for other purposes (H. Rept. 111–691, Pt. 1); Chaplain: The prayer was offered by the guest chap- H. Res. 1781, providing for consideration of the lain, Monsignor Stephen J. Rossetti, Catholic Uni- Senate amendment to the bill (H.R. 5116) to invest versity of America, Washington, DC. Page H8787 in innovation through research and development, to Suspensions: The House agreed to suspend the rules improve the competitiveness of the United States, and pass the following measures: and for other purposes; providing for consideration of Shark Conservation Act: Concurred in the Senate the Senate amendments to the bill (H.R. 2751) to amendment to H.R. 81, to amend the High Seas accelerate motor fuel savings nationwide and provide Driftnet Fishing Moratorium Protection Act and the incentives to registered owners of high polluting Magnuson-Stevens Fishery Conservation and Manage- automobiles to replace such automobiles with new ment Act to improve the conservation of sharks; fuel efficient and less polluting automobiles; and Pages H8790–92 providing for consideration of the Senate amendment Diesel Emissions Reduction Act of 2010: Con- to the bill (H.R. 2142) to require quarterly perform- curred in the Senate amendments to H.R. 5809, to ance assessments of Government programs for pur- amend the Energy Policy Act of 2005 to reauthorize poses of assessing agency performance and improve- and modify provisions relating to the diesel emis- ment, and to establish agency performance improve- sions reduction program; Pages H8792–98 ment officers and the Performance Improvement Defense Level Playing Field Act: H.R. 6540, to Council (H. Rept. 111–692); require the Secretary of Defense, in awarding a con- H.R. 2811, to amend title 18, United States tract for the KC–X Aerial Refueling Aircraft Pro- Code, to include constrictor snakes of the species gram, to consider any unfair competitive advantage

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that an offeror may possess, by a 2⁄3 yea-and-nay vote America COMPETES Reauthorization Act of of 325 yeas to 23 nays, Roll No. 658; 2010: The House concurred in the Senate amend- Pages H8798–H8801, H8819–20 ment to H.R. 5116, to invest in innovation through Protecting Students from Sexual and Violent research and development and to improve the com- Predators Act: H.R. 6547, to amend the Elementary petitiveness of the United States, by a yea-and-nay and Secondary Education Act of 1965 to require vote of 228 yeas to 130 nays, Roll No. 659. criminal background checks for school employees, by Pages H8817, H8820–52, H8890–91 a 2⁄3 yea-and-nay vote of 314 yeas to 20 nays, Roll H. Res. 1781, the rule providing for consideration No. 663; Pages H8801–02 of the Senate amendment to the bill (H.R. 5116), Section 202 Supportive Housing for the Elderly the Senate amendments to the bill (H.R. 2751) and Act: S. 118, to amend section 202 of the Housing the Senate amendment to the bill (H.R. 2142) was Act of 1959 and to improve the program under such agreed to by voice vote after the previous question section for supportive housing for the elderly; was ordered without objection. Page H8817 Pages H8802–06 National Committee on Vital and Health Statis- Frank Melville Supportive Housing Investment tics—Appointment: The Chair announced the Act: S. 1481, to amend section 811 of the Cranston- Speaker’s appointment of the following member to Gonzalez National Affordable Housing Act to im- the National Committee on Vital and Health Statis- prove the program under such section for supportive tics for a term of 4 years: Dr. Vickie M. Mays of housing for persons with disabilities; Pages H8806–11 Los Angeles, CA. Page H8852 Anti-Border Corruption Act of 2010: S. 3243, to Commission on Key National Indicators—Ap- require U.S. Customs and Border Protection to ad- pointment: The Chair announced the Speaker’s ap- minister polygraph examinations to all applicants for pointment of the following members to the Com- law enforcement positions with U.S. Customs and mission on Key National Indicators: Dr. Stephen Border Protection, to require U.S. Customs and Bor- Heintz of New York, NY and in addition, Dr. der Protection to initiate all periodic background re- Marta Tienda of Princeton, NJ. Page H8852 investigations of certain law enforcement personnel; Order of Procedure: Agreed by unanimous consent Pages H8811–13, H8893 that the Speaker may postpone further proceedings Northern Border Counternarcotics Strategy Act on the following measures as though under clause of 2010: Concurred in the Senate amendment to 8(a)(1)(A) of rule XX: Motion to concur in the Sen- H.R. 4748, to amend the Office of National Drug ate amendments to H.R. 2142 and motion to concur Control Policy Reauthorization Act of 2006 to rein Senate amendment to H.R. 2751. Page H8852 quire a northern border counternarcotics strategy; Government Efficiency, Effectiveness, and Per- Pages H8813–14 formance Improvement Act of 2010: Concurred Pre-Disaster Mitigation Act: Concurred in the in the Senate amendment to H.R. 2142, to require Senate amendment to H.R. 1746, to amend the quarterly performance assessments of Government Robert T. Stafford Disaster Relief and Emergency programs for purposes of assessing agency perform- Assistance Act to reauthorize the pre-disaster mitiga- ance and improvement, and to establish agency per- tion program of the Federal Emergency Management formance improvement officers and the Performance Agency; and Pages H8814–17 Improvement Council, by a yea-and-nay vote of 216 Domestic Minor Sex Trafficking Deterrence and yeas to 139 nays, Roll No. 660. Victims Support Act of 2010: S. 2925, amended, to Pages H8852–61, H8891–92 establish a grant program to benefit victims of sex H. Res. 1781, the rule providing for consideration trafficking. Pages H8893–H8901, H8915 of the Senate amendment to the bill (H.R. 5116), the Senate amendments to the bill (H.R. 2751) and Waiving a requirement of clause 6(a) of rule XIII with respect to consideration of certain res- the Senate amendment to the bill (H.R. 2142) was olutions reported from the Committee on Rules: agreed to by voice vote after the previous question H. Res. 1771, waiving a requirement of clause 6(a) was ordered without objection. Page H8861 of rule XIII with respect to consideration of certain FDA Food Safety Modernization Act: Concurred resolutions reported from the Committee on Rules in the Senate amendments to H.R. 2751, to amend and providing for consideration of motions to sus- the Federal Food, Drug, and Cosmetic Act with re- pend the rules, by a yea-and-nay vote of 199 yeas to spect to the safety of the food supply, by a 2⁄3 yea- 151 nays, Roll No. 657, after the previous question and-nay vote of 215 yeas to 144 nays, Roll No. 661. was ordered without objection. Pages H8817–19 Pages H8861–90, H8892

VerDate Mar 15 2010 08:13 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D21DE0.REC D21DEPT1 pwalker on DSKD5P82C1PROD with DIGEST D1232 CONGRESSIONAL RECORD — DAILY DIGEST December 21, 2010 H. Res. 1781, the rule providing for consideration United States-China Economic and Security Re- of the Senate amendment to the bill (H.R. 5116), view Commission—Reappointment: Read a letter the Senate amendments to the bill (H.R. 2751) and from Representative Boehner, Minority Leader, in the Senate amendment to the bill (H.R. 2142) was which he reappointed Mr. Larry Wortzel to the agreed to by voice vote after the previous question United States-China Economic and Security Review was ordered without objection. Page H8861 Commission, effective January 1, 2011. Page H8916 Suspension—Proceedings Resumed: The House Senate Messages: Messages received from the Senate agreed to suspend the rules and pass the following today and messages received from the Senate by the measures which was debated on Friday, December Clerk and subsequently presented to the House 17th: today appear on pages H8789, H8852, H8860. First Lieutenant Robert Wilson Collins Post Of- Senate Referrals: S. 118 and S. 3481 were held at fice Building Designation Act: S. 3592, to des- the desk. Page H8852 ignate the facility of the United States Postal Service Quorum Calls—Votes: Seven yea-and-nay votes de- located at 100 Commerce Drive in Tyrone, Georgia, veloped during the proceedings of today and appear as the ‘‘First Lieutenant Robert Wilson Collins Post on pages H8818–19, H8819-20, H8890, H8891, Office Building’’. Page H8893 H8892, H8914–15, H8915. There were no quorum calls. Military Construction and Veterans Affairs Ap- propriations Act, 2010: The House concurred in Adjournment: The House met at 10 a.m. and ad- the Senate amendment to the House amendment to journed at 10:40 p.m. the Senate amendment to H.R. 3082, making appropriations for military construction, the Department Committee Meetings of Veterans Affairs, and related agencies for the fiscal year ending September 30, 2010, by a yea-and-nay SENATE AMENDMENTS TO THE vote of 193 yeas to 165 nays, Roll No. 662. FOLLOWING—AMERICA COMPETES Pages H8893, H8901–15 REAUTHORIZATION ACT; FDA SAFETY H. Res. 1782, the rule providing for consideration MODERNIZATION ACT; AND THE GPRA of the Senate amendment, was agreed to by voice MODERNIZATION ACT vote after the previous question was ordered without Committee on Rules: Granted, by voice vote, rule pro- objection. Pages H8914–15 viding for the consideration of the Senate amend- Meeting Hour: Agreed that when the House ad- ment to H.R. 5116, the America COMPETES Reau- journs today, it adjourn to meet at 11 a.m. tomor- thorization Act of 2010. The rule makes in order a motion offered by the chair of the Committee on row, December 22nd. Page H8916 Science and Technology that the House concur in Speaker Pro Tempore: Read a letter from the the Senate amendment to H.R. 5116. The rule pro- Speaker wherein she appointed Representative Ed- vides one hour of debate on the motion equally di- wards (MD) or, if she is not available, Representative vided and controlled by the chair and ranking mi- Connolly (VA) to act as Speaker pro tempore to sign nority member of the Committee on Science and enrolled bills and joint resolutions through the re- Technology. The rule waives all points of order mainder of the second session of the One Hundred against consideration of the motion except those aris- Eleventh Congress. Page H8916 ing under clause 10 of rule XXI. The rule provides Commission on Key National Indicators—Ap- that the Senate amendment shall be considered as pointment: Read a letter from Representative read. Boehner, Minority Leader, in which he appointed the The rule provides for the consideration of the Sen- following members to the Commission on Key Na- ate amendments to H.R. 2751, the FDA Food Safety tional Indicators: Mr. Marcus Peacock of Wash- Modernization Act. The rule makes in order a mo- ington, DC and Mr. Tomas J. Philipson of Chicago, tion offered by the chair of the Committee on En- ergy and Commerce or his designee that the House IL. Page H8916 concur in the Senate amendments to H.R. 2751. The Indian Law and Order Commission—Appoint- rule provides one hour of debate on the motion ment: Read a letter from Representative Boehner, equally divided and controlled by the chair and Minority Leader, in which he appointed the fol- ranking minority member of the Committee on En- lowing member to the Indian Law and Order Com- ergy and Commerce. The rule waives all points of mission: Mr. Thomas Gede of San Francisco, CA. order against consideration of the motion except Page H8916 those arising under clause 10 of rule XXI. The rule

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provides that the Senate amendments shall be con- H.R. 3237, to enact certain laws relating to na- sidered as read. tional and commercial space programs as title 51, The rule provides for the consideration of the Sen- United States Code, ‘‘National and Commercial ate amendment to H.R. 2142, the GPRA Mod- Space Programs’’. Signed on December 18, 2010. ernization Act of 2010. The rule makes in order a (Public Law 111–314) motion offered by the chair of the Committee on H.R. 6184, to amend the Water Resources Devel- Oversight and Government Reform that the House opment Act of 2000 to extend and modify the pro- concur in the Senate amendment to H.R. 2142. The gram allowing the Secretary of the Army to accept rule provides one hour of debate on the motion and expend funds contributed by non-Federal public equally divided and controlled by the chair and entities to expedite the evaluation of permits. Signed ranking minority member of the Committee on on December 18, 2010. (Public Law 111–315) Oversight and Government Reform. The rule waives all points of order against consideration of the mo- H.R. 6399, to improve certain administrative option except those arising under clause 10 of rule erations of the Office of the Architect of the Capitol. XXI. Finally, the rule provides that the Senate Signed on December 18, 2010. (Public Law amendment shall be considered as read. 111–316) H.J. Res. 105, making further continuing appro- CONTINUING APPROPRIATIONS AND priations for fiscal year 2011. Signed on December SURFACE TRANSPORTATION EXTENSIONS 18, 2010. (Public Law 111–317) ACT, 2011 S. 3789, to limit access to social security account Committee on Rules: The Committee granted, by a numbers. Signed on December 18, 2010. (Public non-record vote, a rule for consideration of the Sen- Law 111–318) ate amendment to the House amendment to the Sen- S. 3987, to amend the Fair Credit Reporting Act ate amendment to H.R. 3082, the Continuing Ap- with respect to the applicability of identity theft propriations and Surface Transportation Extension guidelines to creditors. Signed on December 18, Act, 2011. The rule makes in order a motion offered 2010. (Public Law 111–319) by the chair of the Committee on Appropriations that the House concur in the Senate amendment to S. 3817, to amend the Child Abuse Prevention the House amendment to the Senate amendment to and Treatment Act, the Family Violence Prevention H.R. 3082. The rule provides one hour of debate on and Services Act, the Child Abuse Prevention and the motion equally divided and controlled by the Treatment and Adoption Reform Act of 1978, and chair and ranking minority member of the Com- the Abandoned Infants Assistance Act of 1988 to re- mittee on Appropriations. The rule waives all points authorize the Acts. Signed on December 20, 2010. of order against consideration of the motion except (Public Law 111–320) those arising under clause 10 of rule XXI. The rule f provides that the Senate amendment shall be considered as read. COMMITTEE MEETINGS FOR WEDNESDAY, DECEMBER 22, 2010 Joint Meetings (Committee meetings are open unless otherwise indicated) No joint committee meetings were held. f Senate NEW PUBLIC LAWS No meetings/hearings are scheduled. (For last listing of Public Laws, see DAILY DIGEST, p. D1225) House H.R. 2480, to improve the accuracy of fur product labeling. Signed on December 18, 2010. (Public No committee meetings are scheduled. Law 111–313)

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9 a.m., Wednesday, December 22 11 a.m., Wednesday, December 22

Senate Chamber House Chamber Program for Wednesday: Senate will continue consider- Program for Wednesday: To be announced. ation of the New START Treaty.

Extensions of Remarks, as inserted in this issue

HOUSE Garamendi, John, Calif., E2231 Miller, George, Calif., E2219 Gordon, Bart, Tenn., E2218, E2223 Mollohan, Alan B., W.Va., E2230 Altmire, Jason, Pa., E2209 Hall, Ralph M., Tex., E2229, E2233 Murphy, Christopher S., Conn., E2210, E2221 Baca, Joe, Calif., E2218 Hastings, Alcee L., Fla., E2213 Murphy, Tim, Pa., E2227, E2231, E2233 Baldwin, Tammy, Wisc., E2219 Herger, Wally, Calif., E2211 Ortiz, Solomon P., Tex., E2218 Barton, Joe, Tex., E2231 Holt, Rush D., N.J., E2225 Pelosi, Nancy, Calif., E2209 Boccieri, John A., Ohio, E2222 Hunter, Duncan, Calif., E2223 Perlmutter, Ed, Colo., E2210, E2213, E2214, E2215, Brown, Corrine, Fla., E2221, E2230 Inslee, Jay, Wash., E2222 E2216, E2217, E2219, E2220, E2221, E2225 Burgess, Michael C., Tex., E2233, E2234 Johnson, Eddie Bernice, Tex., E2213 Perriello, Thomas S.P., Va., E2216 Capps, Lois, Calif., E2218 Kanjorski, Paul E., Pa., E2231 Richardson, Laura, Calif., E2224 Carnahan, Russ, Mo., E2234 Kaptur, Marcy, Ohio, E2220 Ross, Mike, Ark., E2215 Christensen, Donna M., The Virgin Islands, E2213 Kilroy, Mary Jo, Ohio, E2209, E2209 Coffman, Mike, Colo., E2225, E2226 Lamborn, Doug, Colo., E2216 Rothman, Steven R., N.J., E2227 Connolly, Gerald E., Va., E2226, E2226, E2227, E2229, Larson, John B., Conn., E2227 Roybal-Allard, Lucille, Calif., E2232 E2230, E2233 Latta, Robert E., Ohio, E2214 Sa´ nchez, Linda T., Calif., E2214, E2224 Courtney, Joe, Conn., E2215 Lee, Barbara, Calif., E2222 Skelton, Ike, Mo., E2234 Crowley, Joseph, N.Y., E2215 Lewis, Jerry, Calif., E2216 Smith, Christopher H., N.J., E2228 Dingell, John D., Mich., E2223 McCarthy, Carolyn, N.Y., E2215, E2233 Stearns, Cliff, Fla., E2232 Edwards, Chet, Tex., E2235 McMorris Rodgers, Cathy, Wash., E2216 Thompson, Mike, Calif., E2211, E2219, E2223 Eshoo, Anna G., Calif., E2235 Maloney, Carolyn B., N.Y., E2217, E2224 Wilson, Joe, S.C., E2211 Fattah, Chaka, Pa., E2210 Markey, Edward J., Mass., E2220, E2221, E2226 Wu, David, Ore., E2229

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