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, MONDAY, SEPTEMBER 27, 2010 No. 131 House of Representatives The House was not in session today. Its next meeting will be held on Tuesday, September 28, 2010, at 10:30 a.m. Senate MONDAY, SEPTEMBER 27, 2010

The Senate met at 2 p.m. and was to the Senate from the President pro The ACTING PRESIDENT pro tem- called to order by the Honorable RO- tempore (Mr. INOUYE). pore. Without objection, it is so or- LAND W. BURRIS, a Senator from the The legislative clerk read the fol- dered. State of Illinois. lowing letter: Mr. REID. Mr. President, I an- U.S. SENATE, nounced last week that we would have PRAYER PRESIDENT PRO TEMPORE, a live quorum at about 7 p.m. this The Chaplain, Dr. Barry C. Black, of- Washington, DC, September 27, 2010. evening. I am hopeful that will be the fered the following prayer: To the Senate: last one we will need, but we will see Let us pray. Under the provisions of rule I, paragraph 3, how the debate proceeds. of the Standing Rules of the Senate, I hereby O Lord, our God, how majestic is f Your Name in all the Earth. Thank appoint the Honorable ROLAND W. BURRIS, a Senator from the State of Illinois, to per- CREATING JOBS You for the gift of this moment in form the duties of the Chair. time. Today, give our lawmakers an DANIEL K. INOUYE, Mr. REID. Mr. President, the most appreciation for Your gracious provi- President pro tempore. important part of our jobs as Senators dence. Remind them that they need not Mr. BURRIS thereupon assumed the is to create jobs in our States. That is fear the future when they remember chair as Acting President pro tempore. especially true in times such as these, the way You have led us in the past. when so many are reeling from so f You brought our forebears to these much economic pain. shores and sustained them through bit- RECOGNITION OF THE MAJORITY Right now, as I speak, the President ter adversity. This great land was not LEADER is signing into law our small business produced by our might, wisdom, and in- The ACTING PRESIDENT pro tem- jobs bill. As soon as he does, $15 billion genuity but by Your sovereign will. pore. The majority leader is recog- in tax relief and hundreds of millions of Lord, keep us from trying to navigate nized. dollars in loans will be on the way to into the future without Your presence f America’s small businesses, which we and power. Quicken the minds of our all know are the engines of our econ- Senators to seek Your wisdom and to SCHEDULE omy, engines that will power recovery. obey Your commands. Mr. REID. Mr. President, following Every penny of that help is paid for, We pray in Your powerful Name. any leader remarks, there will be a pe- and it will not add a single dime to the Amen. riod of morning business until 3 p.m. deficit. I spoke to the Administrator of f today. Senators, during that period of the Small Business Administration on PLEDGE OF ALLEGIANCE time, will be allowed to speak for up to Thursday or Friday—I don’t know the 10 minutes each. At 3, the Senate will exact day. She indicated to me that The Honorable ROLAND W. BURRIS led resume consideration of the motion to there were 1,000 applications for small the Pledge of Allegiance, as follows: proceed to the Creating American Jobs business loans that will be completed I pledge allegiance to the Flag of the and Ending Offshoring Act. within hours of signing that bill. The United States of America, and to the Repub- lic for which it stands, one nation under God, ORDER OF PROCEDURE resources have simply not been there indivisible, with liberty and justice for all. I ask unanimous consent that at 4 for her to do the work that is nec- p.m., until 11 p.m. today, the Senate essary. One thousand small businesses f begin 30 minute alternating blocks of will be able to go forward on programs APPOINTMENT OF ACTING debate on the motion to proceed to S. they have, programs dealing with re- PRESIDENT PRO TEMPORE 3816, with the majority controlling the tail sales, wholesaling. There will be The PRESIDING OFFICER. The first 30 minutes, which will begin at 3 businesses that will be exporters, im- clerk will please read a communication p.m. today. porters, and any variation of small

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

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VerDate Mar 15 2010 22:04 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00001 Fmt 4637 Sfmt 0634 E:\RECORD10\RECFILES\S27SE0.REC S27SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7456 CONGRESSIONAL RECORD — SENATE September 27, 2010 businesses that you can imagine—res- MORNING BUSINESS It is clear these conditions would even taurants. This will create many jobs The ACTING PRESIDENT pro tem- be worse if not for the Recovery Act. It immediately. So I was happy when I pore. Under the previous order, there saved us from another full-blown de- heard that from her. I knew that was will now be a period of morning busi- pression and allowed us to rebuild our going to be the case, but I wanted to ness until 3 p.m., with Senators per- economy and add jobs. The nonpartisan hear it from her. mitted to speak therein for up to 10 Congressional Budget Office concluded When that funding gets to where it is minutes each. that the American Recovery and Rein- vestment Act resulted in anywhere be- going, as many as one-half million peo- The Senator from Delaware is recog- tween 1.8 million and 4.1 million more ple who are looking for work today will nized. soon be on their way to a new job. We jobs. fought so hard for this bill against such f The CBO also estimated that our gross domestic product was 1.7 percent stubborn minority opposition because FISCAL AND ECONOMIC to 4.2 percent higher in the first quar- we know we have to do everything we CHALLENGES can to get people back to work. That ter of 2010. Other economic indicators means we have to work just as hard to Mr. KAUFMAN. Mr. President, al- show similarly strong results, fol- create new jobs as we have to protect though we have come a very long way lowing the passage of the Recovery existing ones. It means that when a since January 2009, our Nation faces Act. After the passage of the Recovery corporation tries to take away some- profound short-term and long-term fis- Act, the markets hit bottom, with the one’s job in Nevada and send it halfway cal and economic challenges. In the Dow 6,547, on March 9, 2009, just about around the world, we have to stop short term, we need to do more so our the time we passed the Recovery Act. them. We cannot let the greedy CEOs economy will grow significantly again. Since we passed the Recovery Act, the do that anymore, and that is exactly This should include the small business Dow has risen dramatically, climbing what we are going to do this week. We jobs bill, the extension of middle-class above 11,000 early this year, even re- are going to take away the incentives tax cuts, and additional spending on in- maining above 10,000 amidst recent that our corporations have to send our frastructure, as the President has pro- market turmoil, and most recently jobs overseas and give them powerful posed. In the longer term, we need to spurting higher by more than 7 percent new incentives to keep the jobs right shore up our fiscal balance sheet and in the month of September alone. All here in America. develop policies, including investment that happened after we passed the Re- Right now, our Tax Code actually re- in innovation, research and develop- covery Act. wards corporations for offshoring jobs. ment, clean energy and science, tech- The Purchasing Managers Index, a It is hard to comprehend that, but it is nology, engineering and math—STEM leading indicator of business con- fidence, has also been generally true. It helps them pay the costs of education—that promote sustainable trending upward since the passage of closing their plants and offers them tax growth and job creation. the Recovery Act. That we are not breaks if they move production to Unfortunately, instead of distin- where we want to be is testament to other countries. The current system guishing between our distinct short- the magnitude of the problems inher- even encourages companies to ask term and long-term problems, we have ited by the President and this Con- their employees to train their foreign conflated them, focusing most of our gress. Indeed, millions of Americans replacements. Think about how an attention on our immediate fiscal defi- are without jobs and overburdened American feels about that. That is a cits. with debt. Although large corporate slap in the face to hard-working Ameri- Sometimes overlooked is that these deficits are, in a large part, legacies of balance sheets are generally strong, cans. It is no way to get our economy many small businesses have limited ac- back on its feet and certainly no way unpaid-for policies of the previous ad- ministration, whether they be the wars cess to credit, a condition which will be to get Americans back to work. helped with the small business jobs Our bill rights this wrong, and it is in Iraq and Afghanistan, not paid for, bill, which the President signs today. going to help revive our Nation’s man- tax cuts for the wealthy, which were passed and not paid for, or Medicare What is more, many businesses will ufacturing industry. We are giving simply not invest without consumer companies the right kind of tax cut, a Part D, which was passed and not paid for. In addition, the economic fallout confidence. In such an environment, payroll tax holiday as a reward for where consumer and business con- bringing jobs back home. So far, we from the financial crisis, a primary driver of our current fiscal deficits, was fidence is low, there are obviously lim- have seen little to indicate that our its to the effectiveness of monetary friends on the other side of the aisle itself a product, as you well know, Mr. President, of governmentwide deregu- policy, irrespective of the creativity of have any interest in protecting Amer- the economists and policymakers at ican jobs. Instead, we have seen them lation. While we all support cutting wasteful the Federal Reserve. fight with great enthusiasm to keep Fiscal policy, whether through direct government spending, it is not, by corporate tax loopholes as wide open as government spending or through tax or itself, a solution to our fiscal woes. In- possible. other incentives, is the one lever we deed, if we were to eliminate all non- Let’s use this week to remember have to spur growth. As Olivier Blan- defense discretionary spending in the whom we work for: middle-class fami- chard recently stated: ‘‘If fiscal stim- lies and the hard-working people who next fiscal year—Department of Jus- ulus helps reduce unemployment and built this country and will rebuild it tice, Department of Education, Depart- thus avoid an increase in structural toward recovery; middle-class families ment of Energy—we would still have a unemployment, it may actually largely and not corporations that take advan- deficit of more than $700 billion; that pay for itself and lead to only a small tage of tax loopholes at their expense; is, if we eliminate all of them. We hear increase in debt relative to the alter- American workers and not foreign people coming to the floor and talking native of doing nothing.’’ companies that want to take away about cutting that, that is going to Conversely, policies aimed at an im- their jobs. That is the most important save us. If we eliminate the whole mediate spending cut and a tightening thing we can do. thing, go down Constitution Avenue of the proverbial fiscal belt could actu- Nothing is more important to me, as and close down every building, we ally harm our economy. Therefore, it is a Senator, than the work to create jobs would still have a deficit of more than critical we extend middle-class tax in our States. $700 billion. cuts and expand, not contract, stim- Will the Chair now announce morn- This focus on Federal Government ulus measures. ing business. spending is shortsighted and even In addition, the President’s $50 bil- f counterproductive, since it distracts us lion of infrastructure investment is a from the real problem of addressing our good way to put more Americans back RESERVATION OF LEADER TIME weak economic fundamentals. to work, to make a downpayment on The ACTING PRESIDENT pro tem- All too many Americans are pain- rebuilding our infrastructure. pore. Under the previous order, leader- fully aware of the current economic Of course, our need to promote eco- ship time is reserved. conditions in which we find ourselves. nomic growth in the short term does

VerDate Mar 15 2010 22:04 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00002 Fmt 4637 Sfmt 0634 E:\RECORD10\RECFILES\S27SE0.REC S27SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 27, 2010 CONGRESSIONAL RECORD — SENATE S7457 not make the need to address long- centives for businesses and industries ENDING OFFSHORING ACT term fiscal problems any less urgent. to find the lowest cost solutions to re- Mr. KYL. I wish to talk about the so- Former OMB Director Peter Orszag ducing carbon pollution. Again, this is called Ending Offshoring Act, a bill said in late July: a market-driven solution. Leave it to that the Wall Street Journal suggested It would be foolish to dramatically reduce the private sector. Give them the in- this morning should be called ‘‘The the deficit immediately, because that would centives to do the right thing and de- Send Jobs Overseas Act.’’ choke off the nascent economic recovery. velop clean energy. I ask unanimous consent to have But it would be equally foolish not to reduce In addition to investing in clean en- that article printed at the conclusion the deficit significantly by, say, 2015, be- cause that would imperil continued eco- ergy, we need to promote STEM— of my remarks. nomic growth at that point. science, technology, engineering, and The ACTING PRESIDENT pro tem- pore. Without objection, it is so or- Accordingly, while we should not be math—education. STEM jobs will be dered. raising taxes on middle-class families the jobs of the future. Whether it is en- ergy independence, global health, (See exhibit 1.) in the midst of a recession, we should Mr. KYL. Mr. President, this bill pro- also not make permanent the Bush tax homeland security, or infrastructure challenges, STEM professionals will be vides a temporary payroll tax holiday cuts on the top 2 percent of Americans. for multinational U.S. employers who Doing so would cost close to $700 bil- at the forefront of the most important issues of our time. In fact, according to hire a new U.S. worker. But not just lion over the next 10 years. That is not any worker. To be eligible, the business a policy of fiscal discipline. a new study released by Georgetown University’s Center on Education and must prove that the employee is re- The path to fiscal sustainability will placing an employee who had been per- require tough choices and tradeoffs. the Workforce, by 2018 STEM occupa- tions are projected to provide 2.8 mil- forming a similar job abroad. The bill, We, therefore, need to be supportive of which is not fully offset, proposes to efforts and decisions of the new bipar- lion new hires. This includes over 500,000 engineering-related jobs. partially pay for this tax holiday for tisan debt commission. But as impor- multinational corporations with new We must also continue to support re- tant as it is to put our fiscal house in tax hikes on multinational corpora- search and development—a challenge order, our Nation’s future prosperity tions—tax hikes that could undermine that requires significant Federal as will not be determined by accountants job creation in America. well as private investment. In our cur- in green eyeshades. If we hope to pro- How would the tax increases be ap- rent economy, it is often hard to imag- mote sustainable economic growth and plied? The bill would disallow tax de- ine investing more in anything, but job creation, it is critical that we seize ductions associated with expanding op- more research and development fund- the initiative on clean energy and that erations overseas and would limit tax ing is fundamental to high-tech job we support science, technology, engi- deferral of income U.S. multinational creation. A recent report from the neering, and mathematics fields. companies earn abroad by selling prod- Science Coalition features 100 compa- If we want to get the most bang for ucts in the United States. our buck now and long into the future, nies that can be directly traced to in- Currently, when a foreign subsidiary we should invest in clean energy. Stud- fluential research conducted at a uni- of a U.S. parent company earns such ies show that a $1 million investment versity and sponsored by a Federal income, it is not taxed by the United in clean energy will create more than agency. Examples include Google, States until it is sent back to the U.S. three times the number of jobs than if Cisco Systems, and SAS. parent company. Even though most those dollars were invested in fossil It is imperative that we get our econ- foreign countries only tax income fuel-based energy projects. omy growing again so that we are in a earned within their borders, the U.S. The truth is that clean energy is the strong position to tackle the very real taxes income earned anywhere in the future of the global economy, and we challenges of the future. In the long world by U.S. citizens and companies. should be investing in it today. Since term, our task will not be simply to The deferral policy aims to keep U.S. 2005, global investment in clean energy get our government’s finances under companies competitive with their for- has exploded, growing by 230 percent. control. As important as that is, it will eign counterparts, since we also have But the United States is not keeping also involve making the needed invest- the second highest corporate tax rate up with the global clean energy revolu- ment in areas such as clean energy and in the world. So deferral is not a ‘‘tax tion. Last year, 10 G20 countries in- STEM that will ensure long-term benefit,’’ as some of the bill’s pro- vested a higher percentage of gross do- growth and job creation. We face com- ponents claim. mestic product in clean energy tech- plex challenges in the 21st century. This bill wrongly assumes that all nology than the United States did. They include harnessing eco-friendly foreign expansion stems from ‘‘greed’’ These investments created many jobs— sources of energy and providing effi- and that foreign expansion only hurts over 1 million jobs in China alone. This cient and effective health care for an American workers. I will explain why growth is a direct result of policy deci- aging population. By making these in- that’s simply not the case and why this sions that commit to a clean energy fu- vestments in our future, I am confident bill could, in fact, hinder job creation ture. The United States has failed to we can foster the innovation necessary in America and actually send American make a significant commitment to to successfully address these problems jobs overseas permanently. clean energy. Over the recess, Ernst & and reestablish our leadership in an in- The first point I want to illustrate is Young announced that for the first creasingly competitive global econ- how limiting tax deferral could hurt time, China had overtaken the United omy. American jobs. Limiting deferral would States as the most attractive country Finally, Americans always had the subject U.S. multinational companies for renewable energy projects. ingredients for success, and I am con- to higher taxes, cutting into their prof- We need to provide certainty in the fident that in the coming months and its and giving foreign competitors a energy market for investors, busi- years, the American ethic of innova- huge advantage in the global market- nesses, and industries. They tell us tion and hard work will once again re- place. We have to keep in mind: Amer- that none of this will happen without a turn our economy to the path toward ican companies with overseas oper- price on carbon. Pricing carbon will re- prosperity. ations support and create U.S. jobs. flect the true cost of our energy I yield the floor. A new paper from the McKinsey sources and enable market forces to Global Institute shows that America’s drive American ingenuity to develop The ACTING PRESIDENT pro tem- multinational companies make huge clean energy technologies that will pore. The Senator from Arizona is rec- contributions to our economy: They create jobs, enhance U.S. competitive- ognized. account for 19 percent of all private- ness, and establish the long-term eco- Mr. KYL. Mr. President, I ask unani- sector jobs in the United States, 25 per- nomic security we need. Pricing carbon mous consent to speak for 15 minutes. cent of all private wages, 48 percent of is the most effective policy tool avail- The ACTING PRESIDENT pro tem- total export goods, and 74 percent of able to transition the Nation away pore. Without objection, it is so or- nonpublic research and development from dirty fossil fuels. It will create in- dered. spending.

VerDate Mar 15 2010 22:04 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00003 Fmt 4637 Sfmt 0634 E:\RECORD10\RECFILES\S27SE0.REC S27SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7458 CONGRESSIONAL RECORD — SENATE September 27, 2010 In fact, Johnson & Johnson estimates kets for multinational companies’ participa- of most other countries generates incentives that about one in five U.S. employees tion and investments. But numerous fast- for U.S. corporations to shift their income hold jobs that support their inter- growing emerging markets [such as China, and operations to foreign locations with national operations. Brazil, and India] and some advanced econo- lower corporate tax rates to avoid U.S. rates. Let me provide an example of how mies are making huge strides in increasing That is what is causing people to their attractiveness, and are thereby influ- foreign expansion can create jobs here move abroad, the higher corporate tax encing how multinationals decide where to rates here. Yet the bill before us would at home: participate and invest. Thus, the United A few years ago, PepsiCo embarked States has entered a new era of global com- raise those rates even higher on compa- on an aggressive expansion program in petition for multinational activity. . . . nies that do business abroad. Eastern Europe, largely by buying up Many of the executives we spoke with em- One Volcker recommendation is to existing bottlers and snack chip pro- phasized the need to ensure they are com- lower the corporate tax rate to closer ducers, upgrading plants and equip- peting on a level playing field. to the international average which ment, and improving distribution while So let us not give foreign competi- would ‘‘reduce the incentives of U.S. increasing their marketing efforts in tors a new edge by raising taxes on companies to shift profits to lower-tax these countries, achieving large gains American companies that create new jurisdictions abroad.’’ in sales as a result. American jobs. So rather than raising taxes to try to As a result of this expansion, A second point: Many American com- punish U.S. companies that do business PepsiCo’s employment abroad in- panies establish operations abroad, not abroad, we should be reducing the tax creased, but that did not cost any ‘‘to export jobs’’ for reasons of ‘‘greed,’’ rate to encourage them to stay here. Americans their jobs. Pepsi merely as some of the bill’s supporters charge, The Wall Street Journal concludes: took over existing plants and their but to break into foreign markets, add CEO Steve Ballmer has warned that if the workers. new customers, or cater to a larger President’s plan is enacted, Microsoft would In fact, PepsiCo’s foreign expansion market abroad. The Pepsi example I move facilities and jobs out of the U.S. created jobs here in the United States. just discussed illustrates this point. Thus proving the point. In fact, the To support their overseas operations, According to the Department of Com- chairman of the Senate Finance Com- the company needed to expand their lo- merce, only 10 percent of foreign sub- mittee, my colleague MAX BAUCUS, said gistics, marketing, and other support sidiary sales are into the United in Congress Daily: operations, all well-paying jobs at their States. So 90 percent of the subsidi- I think it puts the United States at a com- U.S. headquarters. As a result, expand- aries’ sales are in foreign markets. petitive disadvantage. That’s why I’m con- ing operations abroad increased em- This statistic shows that the vast ma- cerned. ployment here in the United States. jority of companies are not moving A concluding comment from the edi- The advisers for the McKinsey report manufacturing overseas only to sell torial: provided the jobs statistics that show goods back to the United States at a The lesson here is that tax rates matter in the correlation between companies’ ex- savings, but rather to cater to their a world of global competition and the U.S. pansion abroad and employment here customers. tax regime is hurting American companies at home: From 1988 to 2007, employ- A third point: Rather than picking and workers. ment in foreign affiliates rose to 10 winners and losers shouldn’t we create In conclusion, we are talking again million from 4.8 million. During that an environment in which all companies about taxing Americans more at a very same period, employment in U.S. par- become even more competitive? time when we should be finding ways ent companies rose to 22 million from One way to do this would be to lower to reduce the tax burden on Americans; 17.7 million. The reason is, as the Pepsi the U.S. corporate tax rate, which is in this case, so they can compete bet- example shows, that much of the ex- the second highest in the world. A re- ter with foreign competitors. pansion abroad by U.S. multinationals cent article in National Review points I return to the issue before us and, has complemented, rather than re- out that ‘‘by mid-2009, the U.S. cor- unfortunately, it apparently isn’t placed, U.S. operations. porate tax rate, including federal and going to be resolved before Congress In 2008, a Washington Post editorial state corporate taxes, was 39.1 percent. leaves, and that is taxing small busi- highlighted a study that made this In Western Europe, the corresponding nesses as well. The proposal of the same point. The study looked at U.S. rates ranged from 34.4 in France, to 26.3 President and those on the other side manufacturers that expanded abroad in Sweden, to 12.5 percent in Ireland.’’ of the aisle to raise taxes on American between 1982 and 2004 and, as the Post The author of this article points out small business men and women and wrote, ‘‘found that they tended to grow that on the most recent World Bank thereby threaten job creation is ex- domestically as well, hiring more U.S. list of places to pay business taxes, the actly the wrong medicine at this time. employees, paying them more and U.S. ranks 61st out of 183 countries, be- The proposed payroll tax holiday won’t spending more on research.’’ hind France, Sweden, Holland, Switzer- help small businesses at all. We have The study concluded that ‘‘the aver- land, Norway, and the UK. been coming to the floor for weeks say- age experience of all U.S. manufac- This high corporate tax rate distorts ing: Don’t increase taxes on any Amer- turing firms over the last two decades business decisions, such as locating in- ican. So far all we have seen is efforts is inconsistent with the simple story vestments; hinders capital formation; by the majority in one way or another that all foreign expansions come at the and suppresses wages. Rather than in- to find a way to increase taxes on seg- cost of reduced domestic activity.’’ crease taxes on certain companies, we ments of the American economy. That New taxes could encourage some should bring the rate down to help cor- is precisely what is being proposed in companies to locate more or all of rect these distortions. the legislation before us. their operations abroad, where they Let me quote a couple of lines from I reiterate, now is not the time to be could remain more profitable, since the Wall Street Journal editorial I raising taxes on anyone, let alone com- many countries do not tax income mentioned before. They confirm: panies that account for such a high earned outside their borders. That The U.S. already has one of the most puni- number of new jobs. Let’s tailor our could really happen. There is nothing tive corporate tax regimes in the world and policies to help these companies em- that says corporations have to be lo- this tax increase [proposed in the legislation ploy even more American workers. cated in the United States. U.S. multi- before us] would make that competitive dis- EXHIBIT 1 national corporations will have little advantage much worse, accelerating the very outsourcing of jobs that Mr. Obama says he [From the Wall Street Journal, Sept. 26, incentive to invest and hire here if tax 2010] policy prevents them from realizing at- wants to reverse. THE SEND JOBS OVERSEAS ACT tractive returns. Paul Volcker, the handpicked indi- The McKinsey report cautions that vidual of the White House on the tax Democrats may be dodging a vote on the Bush-era tax cuts, but that doesn’t mean policymakers have to be diligent about reform panel, whose report recently they don’t want to raise taxes before Novem- enacting policies that maintain U.S. was received by the President, said in ber. Witness this week’s showdown in Con- economic competitiveness: the report: gress over increasing the tax on the profits The United States retains many strengths The growing gap between the U.S. cor- of American companies with foreign subsidi- that make it one of the most attractive mar- porate tax rate and the corporate tax rates aries to punish firms that relocate plants

VerDate Mar 15 2010 22:04 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00004 Fmt 4637 Sfmt 0634 E:\RECORD10\RECFILES\S27SE0.REC S27SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 27, 2010 CONGRESSIONAL RECORD — SENATE S7459 overseas. How much more harm can this U.S. companies lose business to foreign ri- He started Marine boot camp a crowd do before it’s run out of town? vals, U.S. firms are bought by tax-advan- month after graduating from high Like so many others, this tax increase is taged foreign companies, and some U.S. mul- school. being promoted by President Obama, who de- tinational firms move their headquarters The Marine Corps became a family clared last week that ‘‘for years, our tax overseas. They can move to Ireland (where code has actually given billions of dollars in the corporate tax rate is 12.5%) or Germany for Staff SergeantBock. tax breaks that encourage companies to cre- or Taiwan, or dozens of countries with less In fact, he convinced his brother ate jobs and profits in other countries. I hostile tax climates. David to join and serve. want to change that.’’ We know this will happen because we’ve Over time Michael’s family grew. Democrats around the country are making seen it before. The 1986 tax reform abolished His marriage to Tiffany was followed this issue their number one campaign theme, deferral of foreign shipping income earned by by the birth of his son, Alexander. since they can’t run on health care, stimulus U.S. controlled firms. No other country By that time, Staff Sergeant Bock or anything else they’ve passed into law. taxed foreign shipping income. Did this lead had already seen combat during two Think about this: One of the two major par- to more business for U.S. shippers? Precisely ties in the world’s supposedly leading econ- the opposite. tours in Iraq. omy is trying to hold on to its majority by According to a 2007 study in Tax Notes by He served with distinction then, and running against foreign investment and the former Joint Committee on Taxation direc- again during his third deployment— free flow of capital. This is banana republic tor Ken Kies, ‘‘Over the 1985–2004 period, the this time to Afghanistan. behavior. U.S.-flag fleet declined from 737 to 412 ves- The Helmand Province is a well- We’re all for increasing jobs in the U.S., sels, causing U.S.-flag shipping capacity, known Taliban stronghold, but but the President’s plan reveals how out of measured in deadweight tonnage, to drop by progress toward our goals has also been touch Democrats are with the real world of more than 50%.’’ tax competition. The U.S. already has one of Mr. Kies explains that ‘‘much of the de- significant. the most punitive corporate tax regimes in cline was attributable to the acquisition of Afghan citizens there today enjoy the world and this tax increase would make U.S.-based shipping companies by foreign freedoms they have not witnessed for that competitive disadvantage much worse, competitors not subject to tax on their ship- generations. accelerating the very outsourcing of jobs ping income.’’ Mr. Kies concludes that the Much of that credit is due to heroes that Mr. Obama says he wants to reverse. experiment was ‘‘a real disaster for U.S. like Staff SergeantBock. At issue is how the government taxes shipping’’ and that the debate over whether His Marine buddies remember him as American firms that make money overseas. U.S. companies can compete in a global mar- a disciplinedNCO dedicated to accom- Under current tax law, American companies ket facing much higher tax rates than their plishing the mission at hand. pay the corporate tax rate in the host coun- competitors was answered ‘‘with a venge- try where the subsidiary is located and then ance.’’ Family and friends say he was always pay the difference between the U.S. rate Now the White House wants to repeat this positive and ready to help. (35%) and the foreign rate when they bring experience with all U.S. companies. Two in- To his wife Tiffany, he was a devoted profits back to the U.S. This is called defer- dustries that would be most harmed would husband with a big heart—a man whom ral—i.e., the U.S. tax is deferred until the be financial services and technology, and his son, Zander, will undoubtedly ad- money comes back to these shores. their emphasis on human capital makes mire his entire life. Most countries do not tax the overseas them especially able to pack up and move His decorations and badges earned profits of their domestic companies. Mr. their operations abroad. CEO Steve Ballmer during his military career speak to his Obama’s plan would apply the U.S. corporate has warned that if the President’s plan is en- tax on overseas profits as soon as they are acted, Microsoft would move facilities and dedication and bravery: the Purple earned. This is intended to discourage firms jobs out of the U.S. Heart, the Combat Action Ribbon, the from moving operations out of the U.S. The lesson here is that tax rates matter in Marine Good Conduct Medal, the Navy The real problem is a U.S. corporate tax a world of global competition and the U.S. and Marine Corps Achievement Medal, rate that over the last 15 years has become a tax regime is hurting American companies the Afghanistan Campaign Medal, the huge competitive disadvantage. The only and workers. Mr. Obama would add to the Sea Service Deployment Medal,the Hu- major country with a higher statutory rate damage. His election-eve campaign to raise manitarian Service Medal,the Iraq is Japan, and even its politicians are debat- taxes on American companies making money ing a reduction. A May 2010 study by Univer- overseas may not be his most dangerous eco- Campaign Medal,the Global War on sity of Calgary economists Duanjie Chen and nomic idea, but it is right up there. Terrorism Service and Expeditionary Jack Mintz for the Cato Institute using The ACTING PRESIDENT pro tem- Medals, the National Defense Service World Bank data finds that the effective pore. The Senator from Nebraska. Medal, the Navy Unit Commendation, combined U.S. federal and state tax rate on the President Unit Citation, the NATO new capital investment, taking into account f Medal for Afghanistan, and the Sharp- all credits and deductions, is 35%. The OECD HONORING OUR ARMED FORCES shooter Rifle and Pistol Badge. average is 19.5% and the world average is 18%. STAFF SERGEANT MICHAEL BOCK Today, I join Tiffany, Michael’s other We’ve made this case hundreds of times on Mr. JOHANNS. Mr. President, I rise family members, and friends in mourn- this page, but perhaps Mr. Obama will listen today to remember a fallen hero, U.S. ing the death of their beloved husband, to his own economic advisory panel. Paul Marine SSG Michael Bock of Omaha, son, brother, and friend. Volcker led this handpicked White House tax NE. Michael made the ultimate sacrifice reform panel whose recent report concluded Michael was a proud member of the in defense of our Nation, and he now that ‘‘The growing gap between the U.S. cor- 3rd Combat EngineerBattalion, 1st Ma- stands among our national heroes, porate tax rate and the corporate tax rates never to be forgotten. of most other countries generates incentives rine Expeditionary Force Forward, op- for U.S. corporations to shift income and op- erating in one of the most dangerous May God be with the Bock family, erations to foreign locations with lower cor- areas of Afghanistan, the Helmand friends, and all those who celebrate his porate tax rates to avoid U.S. rates.’’ Province. achievements, the man he was, and his As nations around the world have cut their On August 13, Staff Sergeant Bock legacy that shall remain. rates, the report warns, ‘‘these incentives [to was shot and killed while on foot pa- There is a very special class of Amer- leave the U.S.] have become stronger.’’ Com- trol. icans who wear the military uniform panies make investment decisions for a vari- His death is a great loss to our Na- and shed their blood so that we can ety of reasons, including tax rates. But as sleep safe. long as the U.S. corporate tax is more than tion and especially to those of us from 50% higher than it is elsewhere, companies Nebraska. Michael joined that special commu- will invest in other countries all other Michael will be remembered as a car- nity of patriots, past and present, things being equal. One Volcker rec- ing, outgoing, and responsible young which protects America and keeps us ommendation is to lower the corporate rate man, always ready to help family and free. to closer to the international average, which friends with a smile and a burst of en- They shall be remembered and hon- would ‘‘reduce the incentives of U.S. compa- ergy. ored until the end of our days. nies to shift profits to lower-tax jurisdic- From childhood, he had wanted to May God bless them and their fami- tions abroad.’’ lies, and see them through these dif- Mr. Obama believes that by increasing the serve in the military. U.S. tax on overseas profits, some companies At an age when many young Ameri- ficult times. may be less likely to invest abroad in the cans are not yet tackling adult respon- Mr. President, I yield the floor. first place. In some cases that will be true. sibilities, Michael was ready to offer The ACTING PRESIDENT pro tem- But the more frequent result will be that his service and sacrifice for our Nation. pore. The Senator from Delaware.

VerDate Mar 15 2010 22:04 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00005 Fmt 4637 Sfmt 0634 E:\RECORD10\RECFILES\S27SE0.REC S27SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7460 CONGRESSIONAL RECORD — SENATE September 27, 2010 Mr. KAUFMAN. I ask unanimous gency strategy, which is the best way increased in recent months as U.S. and consent to speak as in morning busi- to meet current and future security international troops continue to con- ness for 15 minutes. challenges. This is why I strongly sup- centrate, where they should, on south- The ACTING PRESIDENT pro tem- port Secretary Gates’ efforts to rebal- ern Afghanistan. pore. Without objection, it is so or- ance the defense budget to better pre- In addition to levels of trained dered. pare for the non-conventional threats ANSF, I also remain concerned about f of the future, drawing on the lessons the U.S. civilian strategy. While it is learned from Iraq and Afghanistan. positive that the number of civilians AFGHANISTAN My second observation is that coun- posted in Afghanistan more than tri- Mr. KAUFMAN. Mr. President, I rise terinsurgency strategy in Afghanistan pled since President Obama took of- today to speak about our policy in Af- requires far more than the military. It fice—rising from 300 to nearly 1,000— ghanistan, which has evolved signifi- requires a strong civilian capacity, in- there are not enough civilians posted cantly since I arrived in the Senate in digenous security forces, and govern- outside of Kabul to partner with the January 2009. After President Bush di- ance to meet the requirements nec- local government. Today, there are ap- verted our focus from Afghanistan to essary for progress. First, the military proximately 400 civilians outside of Iraq in 2003, President Obama redou- must shape the strategy. Second, secu- Kabul, but more are required to reach bled our efforts to engage in an effec- rity forces must clear the area of insur- the population of more than 28 million. tive counterinsurgency strategy. In the gents. Third, they must hold the area. This underscores the need for build- past year, we have finally invested the And fourth, civilians, in partnership ing greater U.S. civilian capacity for resources necessary to make progress with the local and national govern- engaging in counterinsurgency. We are in Afghanistan with increased troop ment, must build through economic de- more likely to face nonconventional levels, equipment, and funding. But de- velopment. In Afghanistan, we are threats in the future, and must there- spite this commitment and the out- working toward a fifth stage of trans- fore prepare both the military and ci- standing performance of our troops, ferring responsibility to the Afghans vilian agencies for such operations. progress in Afghanistan is riding on far by July 2011. This requires a-whole-of-government more than the military. It also re- Last year at this time, I gave a approach and greater civilian-military quires a civilian strategy, Afghan Na- speech detailing the requirements nec- coordination. While I am pleased that tional Security Force training, co- essary for waging an effective counter- joint training with the military is now operation with Pakistan, Afghan Gov- insurgency strategy in Afghanistan, in- required for all civilians deploying to ernance, and tackling corruption at all cluding sufficient numbers of Afghan the field in Afghanistan at Camp levels, beginning with President National Security Forces, or ANSF; a Atterbury in Indiana, other steps must Karzai. ‘‘civilian surge’’ strategy; increased be taken to better prepare our civilian The Obama administration has made levels of cooperation with Pakistan; workforce for engaging in counterin- a concerted effort to get the policy and building Afghan government ca- surgency operations. We must also in- right in Afghanistan, as demonstrated pacity through the elimination of cor- crease interagency staffing of the Ci- by the two policy reviews conducted in ruption. In the past year, there has vilian Response Corps, as overseen by 2009. As it embarks on a third review been progress in some of these areas, the Office of the Coordinator for Sta- this fall, I encourage a renewed focus but significant challenges still remain. bilization and Reconstruction, or S/ on corruption, which will serve as the When considering the sufficient num- CRS, at the State Department. bellwether for progress as we transi- ber of ANSF, it is important to look to In addition, an increased number of tion toward a conditions-based draw- COIN doctrine, which stipulates one Afghan civil servants are required for down in July. The majority of Afghans counterinsurgent for every 50 civilians. partnership with U.S. civilians, espe- do not support the Taliban, but they This requires nearly 600,000 counter- cially as we look toward the build and will not support U.S. efforts if they insurgents given the size of the Afghan transfer stages of the process. The es- perceive their government as corrupt. population. If we add the total number tablishment of the Afghan Civil Serv- According to a recent poll, 59 percent of international troops plus current ice Institute, which trains Afghan bu- of Afghans cite corruption as the big- levels of the Afghan army and police, it reaucrats, is a step in the right direc- gest problem, while 54 percent cite se- is less than half the required 600,000. At tion. But examples such as Marja dem- curity. the same time, there has been recent onstrate that ‘‘government in a box’’ At the same time, this is not a battle progress in lowering the rates of attri- cannot be installed without Afghan between the U.S. and the Taliban. It is tion and increasing recruitment and re- partners who can institute rule of law a struggle between the Afghan Govern- tention, especially among the Afghan and provide credible government serv- ment and the Taliban for the support National Police. ices. We must avoid situations like in of the population. While less than 10 By comparison, the current level of Marja, where we opened the so-called percent of Afghans actively support the Iraqi Security Forces is 600,000, which government in a box and there was lit- Taliban, this does not necessarily seemed like a lofty goal just a few tle government. translate into support for the Afghan years ago. Increasing the size of the Since last year, cooperation with Government in the absence of jobs, free ANSF is possible, but training an effec- Pakistan has improved perhaps more and fair elections, an efficient judicial tive Afghan army and police will con- than any other area. In April 2009, the system, and other essential services. tinue to require great patience, deter- military began an extensive operation Counterinsurgency is about building mination, and leadership. targeting the Pakistani Taliban begin- trust between the local population, the Remember, Iraq and Afghanistan are ning in the Swat Valley and extending security forces, and the government. about the same size and need 600,000 into South Waziristan. These oper- And without credible governance at the troops for our counterinsurgency. We ations, coupled with high-profile ar- national and subnational levels, we have less than 300,000 now, security rests of Pakistani Taliban leadership, cannot expect sustainable progress. forces, troops, police, and our troops. were positive developments. But there Since assuming office, I have trav- When I asked him about this issue is no question that Pakistan—and espe- eled to Afghanistan three times in last year, General McChrystal said cially the Pakistani intelligence serv- March and September 2009, and April of that we did not need to reach the req- ice—could do more to target the Af- this year. My trips have been eye-open- uisite level of 600,000 because the plan ghan Taliban and other extremists op- ing experiences, and I have made the was to selectively focus on population erating along the border in North following observations. First, our mili- centers in regional commands east and Waziristan. tary is performing at the highest south. While it makes sense to hone in More than any other factor, however, level—a 10 out of 10. The bravery and on areas with the biggest security corruption at every level of the Afghan commitment of our men and women in problems, the Taliban has filled the Government and distrust between the uniform is both admirable and inspir- void in areas where we diverted our at- U.S. and President Karzai are under- ing. Moreover, from the top down, the tention. We have seen this most promi- mining our chances for success. This is military has embraced counterinsur- nently in the north, where violence has the elephant in the room, which cannot

VerDate Mar 15 2010 22:04 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00006 Fmt 4637 Sfmt 0634 E:\RECORD10\RECFILES\S27SE0.REC S27SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 27, 2010 CONGRESSIONAL RECORD — SENATE S7461 be ignored. We cannot afford to turn a The recent establishment of three The legislative clerk proceeded to blind eye to corruption, or deal with it U.S.-led task forces to deal with cor- call the roll. only at the local level. Rule of law ruption in Kabul is a good idea, but it Mr. GRASSLEY. Mr. President, I ask must be instituted from the top, and is a tacit acknowledgement that our unanimous consent that the order for we will not succeed if corrupt officials current strategy is not working. Now the quorum call be rescinded. escape justice. that the task forces have been created The ACTING PRESIDENT pro tem- Since last year, this is the one area by the State Department and DOD, co- pore. Without objection, it is so or- where there has been no progress. To ordination and implementation of a dered. the contrary, the Afghan Government common strategy are key. At the same f has continued to derail corruption in- time, these task forces are worth noth- vestigations led by Afghan institu- ing—they are worth nothing—if Karzai CONCLUSION OF MORNING tions, such as the Major Crimes Task releases corrupt officials or stands in BUSINESS Force and the Special Investigative the way of prosecutions. As we ap- The ACTING PRESIDENT pro tem- Unit. This situation has worsened in proach July, the Karzai government pore. Morning business is closed. recent months, as demonstrated by the must demonstrate it is willing to ar- f recent case of Mohammad Salehi, an rest, detain, prosecute, and punish aide to President Karzai who was ar- those who are caught red-handed. CREATING AMERICAN JOBS AND rested for soliciting bribes. President The war in Afghanistan is critically ENDING OFFSHORING ACT OF Karzai personally intervened to secure important and worth fighting. If we 2010—MOTION TO PROCEED Salehi’s release despite the fact that leave, al-Qaida and other terrorist The ACTING PRESIDENT pro tem- his arrest was ordered by the Afghan groups will reconstitute and once again pore. Under the previous order, the Attorney General and the investigation find safe haven in Afghanistan, which Senate will resume consideration of surrounding the charges against him will undoubtedly increase the threat to the motion to proceed to S. 3816 which was Afghan-led. the homeland. American lives are at the clerk will report. As the administration prepares for a risk, and we must do everything in our The legislative clerk read as follows: December review of its strategy, I am power to defend our national security Motion to proceed to the consideration of deeply concerned that the debate has interests and ensure al-Qaida does not Calendar No. 578, S. 3816, a bill to amend the changed from reducing corruption to return to Afghanistan. Internal Revenue Code of 1986 to create determining how much corruption can That said, let me be clear on two American jobs and to prevent the offshoring be tolerated. Reports indicate that the critically important points. First, we of such jobs overseas. administration has considered focusing must remain dedicated to a top-to-bot- Mr. GRASSLEY. Mr. President, be- on lower level corruption as opposed to tom review of the entire Afghanistan fore I start to speak, it is my under- that which stems from the top. Make campaign this December. Anything less standing I have 30 minutes for our side no mistake, just as the ‘‘fish rots from would be a disingenuous attempt to and I ask unanimous consent that Sen- the head,’’ the root of the problem sidestep the hard questions that linger ator DORGAN be recognized imme- stems from Kabul. This has been clear- about this exceedingly difficult foreign diately after my time. ly demonstrated by the decisions to re- policy issue. Second, and most impor- The ACTING PRESIDENT pro tem- lease corrupt officials, which have been tant, the December review must assess pore. Without objection, it is so or- personally made by President Karzai. whether the Karzai government is dered. Corruption in Afghanistan is a con- genuinely committed to detaining and Mr. GRASSLEY. Mr. President, I tinuum, and we must address the prob- prosecuting corrupt officials who are wish to tell my colleagues why I think lem at both ends of the spectrum. It is brought before the courts, regardless of the bill before us, S. 3816, is not a good a fallacy to think we can delineate a their family and political connections. approach. This bill is being sold as clear line between corruption at the Additional findings to the contrary somehow having the potential to cre- highest level and the local level, or gravely threaten our prospects for ate American jobs, but it would likely that we can address this issue without long-term success. have the exact opposite effect. It would dealing with President Karzai. Na- At the end of the day, we have to ask lead to a net decrease in American tional and subnational incidents are of whether the Afghan people will choose jobs. For that reason, I encourage my equal importance and must be con- the Afghan Government over the colleagues to vote against this bill. fronted at the same time if we are to be Taliban when we begin transferring se- The bill has three key aspects: a pay- successful. curity and governmental responsibil- roll tax holiday for employers hiring In the midst of the debate about the ities to the Kabul government next U.S. workers to replace foreign work- best way to tackle corruption, con- year. Given that rampant graft and ers; a denial of business deduction for cerns have been raised about Afghan corruption is the top concern of Afghan sovereignty. Fighting corruption and any costs associated with moving oper- citizens who were polled—ranked even ations offshore; and lastly, ending de- protecting Afghan sovereignty are not above their own security—the answer mutually exclusive, and combating ferral for income of foreign subsidiaries to that question will be no unless the for importing goods into the United corruption does not necessarily impede Karzai government gets serious about States. This last provision, according on Afghan sovereignty. this debilitating and rampant problem. to my colleagues on the other side of As someone once said, we cannot This is what defines, more than any- want to win this more than the Af- thing else, our long-term success. And the aisle, is the principal issue of the ghans want to win it themselves. To we should not continue—I cannot em- three, and from that standpoint, in my the contrary, the two most significant phasize this enough—we should not opposition, I agree. It certainly is the bodies for investigations—the Major continue to put our brave young men most dangerous, so that is the one I Crimes Task Force and the Special In- and women in harm’s way unless we wish to address in detail. vestigative Unit—are housed in the Af- are pursuing a strategy that we believe To understand this partial repeal of ghan Interior Ministry, and they oper- has a reasonable chance of success. deferral, it is best to consider the topic ate with only minimal U.S. involve- This is the litmus test, and we must of deferral more generally and then we ment apart from advising. confront it head-on in December. As can consider this particular idea in While it may be unrealistic to elimi- stewards of America’s treasure, both in context. nate corruption completely, we must terms of resources and American serv- The term ‘‘deferral’’ refers to how demonstrate that we are committed to icemembers’ lives, we owe the Amer- U.S. corporations pay U.S. income doing so. And at the moment, we are ican people and our distinguished fight- taxes on foreign earnings of its foreign moving in the wrong direction. We ing force nothing less. And the Amer- subsidiaries, only when those earnings must measure and assess levels of cor- ican people deserve no less. are repatriated to the United States. ruption using a standardized metric to I yield the floor and suggest the ab- That is, the U.S. tax is deferred until demonstrate that we are on an upward sence of a quorum. the earnings are paid by means of divi- trajectory as we move toward the July The ACTING PRESIDENT pro tem- dend back to the U.S. parent corpora- 2011 drawdown date. pore. The clerk will call the roll. tion. Deferral is not a new policy.

VerDate Mar 15 2010 22:04 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00007 Fmt 4637 Sfmt 0634 E:\RECORD10\RECFILES\S27SE0.REC S27SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7462 CONGRESSIONAL RECORD — SENATE September 27, 2010 Rather, it has been a feature of the tax goods back into the United States. But into the United States market over law since 1918. are they claiming that when a foreign Ford’s Volvo, thanks to this bill, if it President Kennedy proposed outright subsidiary of a U.S. company imports were to pass. repeal of deferral, but the then-Demo- back into the United States, there is a There are lots of nontax reasons for cratic Congress did not agree with him. high likelihood that the production of having foreign subsidiaries of U.S. Instead, the Congress and the Presi- the good would have been in the United companies import into the United dent compromised. The compromise States but for the motivation to avoid States. But it seems that the bill be- was this: For the passive kinds of in- U.S. tax? They would have to be claim- fore the Senate does not recognize that come such as interest, dividends, royal- ing that, if they wanted to be con- fact, or maybe it doesn’t care. Perhaps ties, and the like earned by a foreign sistent with a half century of reasons the bill is motivated not by a desire to subsidiary, the U.S. parent company why certain specific limitations on de- curb tax-motivated transactions but by would pay immediate U.S. tax whether ferral have been justified. something else. Perhaps the bill has an or not the foreign subsidiary sent the But that simply can’t be. There are anti-free trade motivation. Perhaps the earnings back to the parent. However, numerous nontax reasons for having a bill is attempting to make it more dif- for active business income of the for- foreign subsidiary of a U.S. parent ficult for American companies to con- eign subsidiary, there would be no U.S. company import goods into the United duct business outside of our country. tax until the foreign subsidiary sent States, and I will mention a few. One Whatever the case, the bill’s sponsors such money to the parent corporation. reason could be that there is only should make the rationale clear—is it In short, the compromise during the small demand for the product back in to curb tax avoidance or something Kennedy era was this: For passive in- the United States as compared to the else? come, deferral was repealed. For active overseas markets. For example, diesel Perhaps the bill’s sponsors will admit income, deferral was still allowed. engine cars are very popular in Europe, that the bill has nothing to do with That compromise is embodied in sub- comprising 50 percent of all car sales. curbing U.S. tax avoidance. Perhaps part (f) of the Internal Revenue Code. Here in the United States, diesel en- they will say that it instead has to do That compromise was hammered out in gine cars are well less than 10 percent with preserving and creating U.S. jobs. 1962 and, with slight tweaks at the of all car sales. So there is a very good But if that is their position, that can- margin, that compromise has stayed in reason for having diesel engine cars not be right. In some limited cir- place for the last 48 years. made in Europe and not here. Nonethe- cumstances, perhaps it would increase The compromise struck in the John less, the bill before the Senate acts as employment in the United States, al- F. Kennedy administration was the if the reason these cars are not made though probably mostly for tax law- right one. Passive income is easy to here is because of our tax laws. yers than anybody else. But whatever move from one jurisdiction to another. It may be that some items simply the case, the net effect would be to de- If a U.S. corporation had a lot of inter- aren’t found in appreciable quantities crease employment in the United est income, it was very easy to instead in the United States. For example, States. have the foreign subsidiary earn such there is no diamond mining or chro- Allow me to explain why the net ef- interest income in a low tax jurisdic- mium mining to speak of in the United fect of the bill would be to decrease tion. So when interest income was States. A U.S. parent mining corpora- U.S. employment. earned by a foreign subsidiary of a U.S. tion with a foreign subsidiary engaged First of all, if a U.S. parent company parent corporation, there was a high in diamond mining or chromium min- has a foreign subsidiary, then this cre- likelihood that it was earned in the ing where such diamonds or chrome are ates managerial headquarters jobs in foreign jurisdiction out of motivation imported into the United States may the United States that would otherwise for the sole purpose of avoiding the find deferral repealed. This could be not be here. The bill before us might U.S. tax. But with active business in- true to the extent that the parent had encourage American companies to sim- come, there are usually legitimate any domestic restructuring at the ply sell off their foreign subsidiaries. nontax business reasons for the income same time it started up any foreign op- This would, in turn, mean laying off to be earned overseas. The reason a erations. But obviously the reason for employees in management positions at U.S. car company sells cars in Hong the diamond and chrome mining out- the American headquarters. Kong is not out of some desire to avoid side the United States is not tax avoid- A bigger way this bill would hurt em- U.S. tax but, rather, out of a desire to ance. The reason is those minerals are ployment in the United States would sell cars to customers that live in Hong not found here within the United be to discourage assembly jobs in the Kong. States. So I wish the sponsors of this United States. A U.S. parent company So the underlying rationale to the bill to make clear whether minerals could have foreign subsidiaries engage subpart (f) compromise is this: If there not found in the United States and im- in manufacturing parts that are is a high likelihood that a particular ported into the United States would be shipped back to the U.S. parent. The type of income is earned overseas out included in this proposal. U.S. parent, in turn, might assemble of a desire to avoid U.S. tax, then de- I wish also to know whether this pro- those parts here in the United States ferral will not be allowed. If there is posal would have applied to the Ford into a finished product. So, yes, maybe not a significant likelihood of that, Motor Company’s ownership of Volvo. this bill would encourage the company then deferral will still be allowed. Ford owned Volvo cars from 1999 to to repatriate the parts production, but This is a very sensible rationale that 2008. During that time, many Volvos it is just as easy to imagine that this was agreed to during President Ken- were made in Sweden and imported bill would encourage the company to nedy’s administration in the 1960s, be- into the United States for sale. If the expatriate the assembly jobs. So this cause one of the most fundamental tax acquisition had happened after the date bill is an unacceptable gamble with principles of all this is transactions of enactment, deferral would be denied American jobs. should not be tax motivated but should in this situation, at least to the extent In the words of the late Senator Moy- be motivated by business or other that Ford may have been shutting nihan, who preceded me and Senator nontax reasons. Tax motivated trans- down any plants in the United States. BAUCUS as chairman of the Senate Fi- actions should not be allowed the bene- However, no one can seriously claim nance Committee—he spoke in opposi- fits of the favorable tax treatment that the reason the cars were made in tion to this proposal 14 years ago, so sought. This fundamental tax principle Sweden rather than in the United this issue has been around this body for prevents the tax laws from distorting States was from the desire to avoid a period of time. He said this: ‘‘Invest- decisionmaking and from distorting U.S. taxes. ment abroad that is not tax driven is the economy. And the bill that is now Keep in mind that another foreign good for the United States.’’ before the Senate called the ‘‘runaway car company—let’s say Volkswagen— Senator BAUCUS’s concern that this plant’’ bill cannot be justified by any would not be treated the same way would put the United States at a com- similar rationale. They say they want Ford’s Volvo car income would be petitive disadvantage is exactly right. I to repeal deferral for foreign subsidi- treated. Volkswagen would be better don’t have the exact quote of Senator aries having income from importing off taxwise on competing auto sales BAUCUS, but it was in Congress Daily

VerDate Mar 15 2010 22:04 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00008 Fmt 4637 Sfmt 0634 E:\RECORD10\RECFILES\S27SE0.REC S27SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 27, 2010 CONGRESSIONAL RECORD — SENATE S7463 recently. I am sorry I don’t have that it seems there might be a truth-in-la- Mr. President, I believe on our side quote for my colleagues. beling claim against the Democratic were practicing good government as it Senator BAUCUS very rightly states leadership. relates to the estate tax. it. Phil Morrison, the Treasury Depart- Let’s have votes on real job creation We were doing our jobs, and pro- ment’s international tax counsel, criti- incentives and get out of this games- viding certainty in the law. cized this proposal in congressional manship. Let’s do the people’s business Yet the Democratic leadership sty- testimony 19 years ago. Mr. Morrison and forestall the big tax hike coming mied the practice of good government. noted that the bill would be very hard at American small business. To this day, the Democratic leader- to administer and that it departed I also wish to take some time to ad- ship continues to stymie efforts to pro- from the traditional focus of the lim- dress the issue of the estate tax, which vide certainty in the law. ited areas where deferral is denied. is going to expire at the end of this So why is the estate tax being held As President Clinton’s international year, at the very same time. hostage? tax counsel, Joe Guttentag, explained The majority party has had control Because a number of liberal leaning in 1995, during the Clinton administra- of the Senate since January 3, 2007. Senators would be satisfied if the es- tion: That is 3 years, 8 months, and 24 days tate tax reverted back to pre-2001 law— Current U.S. tax policy generally strikes a ago. that is, a 55-percent tax rate and a $1 reasonable balance between deferral and cur- During the 31⁄2 years of Democratic million unified credit exemption rent taxation in order to ensure that our tax control, my colleagues have had an op- amount. laws do not interfere with the ability of our portunity to address the death tax. And why wouldn’t they? There is $233 companies to be competitive with their for- More pointedly, the Democratic lead- billion in extra revenue to spend. eign-based counterparts. ership had a duty to provide certainty Also, in this hyperpartisan environ- This proposal has been made year in the law as it relates to the estate ment that is plaguing the Senate, after year for 20 years. I ask that my tax. many policymakers are politicizing the colleagues again reject it, in an effort My colleagues have had the duty to estate tax issue. to keep American companies globally address the fact that this ill-conceived What do I mean? A number of Senators have taken to competitive, to protect American jobs, tax will snap back to pre-2001 law on the Senate floor and characterized a and to preserve the underlying ration- January 1, 2011. reasonable estate tax rate as a ‘‘give- ale of why deferral should only be de- That is only a little over 3 months away’’ to the rich. nied in limited circumstances. away. To be exact, it is 3 months and 5 These Senators also argue that if the Finally, I wish to briefly comment on days from now. estate tax is ratcheted up to a 55-per- one other aspect of the bill—the pay- Unfortunately, as this chart shows, cent tax rate, we could use that rev- roll tax holiday. This, too, has provi- the estate tax is not the only piece of sions that will be difficult to admin- enue to reduce the deficit. long overdue tax legislation. I respect every Senator’s opinion, but ister. For example, do foreign workers Mr. President, the practice of ‘‘good I question whether these members are actually have to be fired to have their government’’ is providing certainty in actually going to use this revenue to employer get the payroll tax holiday in the law. the United States or do they need only reduce the deficit. What I mean is, our country is made Unfortunately, we have seen my to be reassigned job roles? up of law-abiding citizens. As legisla- friends’ desire to spend, spend, spend. This provision only scores, according tors, we were hired by these law-abid- Increasing the deficit one dollar at a to the Joint Committee on Taxation, ing citizens to make the law. time. Not the other way around. as costing $1 billion. Let’s make sure When we fail to provide certainty in I will acknowledge that due to the we are clear on this point. The other the law, we fail to do our jobs. budget rules that we must live by here side is seriously considering raising But despite the fact that the Demo- in the Senate, making permanent an taxes on small businesses—the lead cratic leadership has not acted in over estate tax regime at a tax rate lower creator of jobs—by tens of billions of 1 3 ⁄2 years we still have 3 months before than a 55 percent will result in revenue dollars by letting top individual tax the estate tax reverts back to a 55-per- loss to the government. rates go back up in the year 2011. But cent tax rate and a $1 million exemp- For example, my friend Congressman in an effort to support job creation, tion amount. So Congress still has POMEROY—a Democratic Congressman they offer this $1 billion payroll tax time to act. from North Dakota—sponsored a bill to holiday. But I am skeptical that the Demo- make permanent the estate tax at a 45- According to the Joint Committee on cratic leadership will indeed act. percent tax rate and a $3.5 million uni- Taxation, 50 percent of small business Why? Because when my friends on fied credit exemption amount. flowthrough income will be hit by a the other side of the aisle were in the When you compare this proposal marginal tax hike of somewhere be- minority earlier in this decade, they against what the estate tax would re- tween 17 percent, on the low end, and 24 blocked—let me repeat blocked—Re- vert to in 2011—a 55 percent tax rate percent, on the high end. That tax in- publican efforts to make permanent an and $1 million exemption—you find crease is scheduled to hit these job-cre- estate tax law that law-abiding citizens that this change in the law would cost ating small businesses in just a little all across America could rely on. around $233 billion over 10 years. over 3 months. Finance Committee Re- The first effort was made in 2002. Now, when you compare $233 billion publican tax staff calculates the effect Specifically, on June 12, 2002, the to the $2.5 trillion health care reform of that tax hike to be 50 times the ben- Democratic leadership blocked legisla- bill that was recently signed into law, efit provided by this bill. On our side, tion that would have permanently re- it is a drop in the bucket. we don’t see the logic of raising $50 in pealed the estate tax. Also, compare this to our $13 trillion taxes and providing a complicated tax In 2004, Republicans in the House of national debt. benefit of just $1. Representatives approved a bill that But $233 billion is nothing to sneeze Why aren’t we dealing with the real would have permanently repealed the at. problem for the folks responsible for estate tax. But due to maneuvering by While it could be used to reduce the creating 70 percent of American jobs? the Democratic leadership, a vote in deficit, my colleagues on the other side Of course, that is small business. We the Senate was never allowed to occur. of the aisle have made every indication ought to take time out on the tax hit Finally, in 2006, Republicans offered a that they will simply spend this that is coming to small business this compromise proposal on the estate tax. money. December. That is what we ought to be Under that compromise, the estate tax My colleagues on the other side will debating on the Senate floor. unified credit exemption would have gloss over their plans to spend, and in- But the Democratic leadership would gradually been increased to $5 million. stead attack any proposal that in- rather spend valuable time talking The rate would have also been phased cludes a tax rate lower than 55-percent about a bill that is artfully politically in to a 30-percent tax rate. as a ‘‘give-away’’ to the rich. labeled a jobs bill. Given that the bill But again, the Democratic leadership I have some news for my colleagues. will lead to a net loss in American jobs, filibustered the proposal to its death. A large number of Americans who

VerDate Mar 15 2010 22:04 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00009 Fmt 4637 Sfmt 0634 E:\RECORD10\RECFILES\S27SE0.REC S27SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7464 CONGRESSIONAL RECORD — SENATE September 27, 2010 would be impacted by a 55-percent tax not been the case for farmland. In fact, Based on the Joint Committee on Tax- rate and a $1 million unified credit ex- as reported in a recent LA Times arti- ation in 2011, 3,200 farms would be emption are not ‘‘rich.’’ cle, Wall Street investors have actu- taxed if the law included a $1 million Let me repeat that. Those taxpayers ally turned to purchasing farmland in exemption amount. Compare that to that would be impacted by the estate hopes of finding refuge from an unsta- 300 farms that would be taxable if the tax if it reverted back to pre-2001 levels ble stock market. This in turn has exemption was $3.5 million. are not wealthy people. pushed farm prices higher. Based on a That means the result of no action I would like to take a moment and recent survey by the Federal Reserve will be that 10 times as many family provide my colleagues with a real Bank of Chicago, Iowa farm prices are farms will be hit by the death tax. The world example of an Iowan who would up 8 percent in the past year alone. time for action on the estate tax is not consider herself ‘‘rich.’’ Why is this discussion of escalating now, not a month from now or 3 Recently, I received an email from farm prices significant? months from now. We owe it to the Landi McFarland, who is a sixth gen- Because this means that should the farmers and small business owners and eration Iowa farmer. estate tax law revert to 2001 law, many their young heirs to give them cer- This is what Landi had to say about farmers are going to be surprised to tainty. We need to give to the tax law- the impact of the estate tax and her discover they will be considered ‘‘rich.’’ yers and consultants who advise people ability to continue the family farm: Now, I am not talking about wealthy on their estate planning some cer- corporate farmers, I am talking about . . . As a 6th generation Iowa farmer whose tainty. family homesteaded land in Union county 154 many family farmers, just like Landi, I yield the floor. years ago, I have concerns about current es- who are taking over a farm that has The PRESIDING OFFICER (Mr. WAR- tate tax law. I am 26 years old and have a been passed down for generations. NER). The Senator from North Dakota. dream of pursuing a future in agriculture, Mr. President, let me walk my Mr. DORGAN. Mr. President, I be- the same as the generations that have come friends through some data. lieve by consent I am to be recognized before me. In 2007, the U.S. Department of Agri- for 30 minutes. I currently raise Angus cattle with my par- culture reported that there were 92,800 ents and grandparents, where we are tax- The PRESIDING OFFICER. The Sen- farms in Iowa. ator is recognized for 30 minutes. paying citizens and supporters of our local In 2007, the average Iowa farm was economy and schools. My grandparents are Mr. DORGAN. Mr. President, we have 331 acres. heard a couple of very spirited defenses both 84 years old, and own about 90 percent According to a survey conducted by of the land, cattle, and equipment on our this afternoon on behalf of jobs in Iowa State University, in 2009 the aver- farm. Their combined estates will total ap- China, which I pose is a wonderful age acre was worth $4,371. proximately $7 million (the vast majority of thing if you live in China and have a this being farm assets like land and cattle). Let’s do some simple math. If we multiplied the average acreage of an job in China. The issue here is what Recent land values have escalated the values about jobs in our country. What about of my grandparents’ estate. Iowa farm—which was 331 acres as re- This rise in land values, however, does not ported in 2007—by the average cost per the people who woke up this morning increase the value of what the land produces acre in 2009—which was $4,371 in 2009— unemployed in America looking for (Angus cattle sell for the same price no mat- we find that the average Iowa farm is work who could not find it? Who is ter if the land is valued at $1000 or $4000 per worth $1.4 million. standing on this floor speaking for acre). Mr. President, $1.4 million exceeds those folks? If my grandparents pass away AFTER 2010, I have heard a lot of discussion about and current estate tax laws are not fixed, my the $1 million unified credit exemption amount that would be in place on Jan- support for jobs in China, Mexico, or family will not be able to afford to pay the elsewhere. But who is standing up talk- estate taxes without liquidating the herd uary 1, 2011, if Congress does not act. and selling a large portion of the farm Admittedly, the value of a farmer’s ing about the jobs at home? ground. This will put an end to our business farmland does not tell us conclusively Let me describe what this issue is that we love, and hence and end to our sup- whether or not the farmer will be sub- about, if I may. port of local businesses through daily busi- ject to the estate tax. Farmers some- I think this issue is something most ness operations. times carry debt. That would reduce Americans understand because they In the last four years, my family has have heard it over and over. In recent worked on estate planning to try to help the value of the farm. But they also have assets, including equipment and years, we have seen millions and mil- ease the burden of estate tax. This includes lions of manufacturing jobs gone from taking advantage of the $12,000 tax-free bank accounts, that would increase the gifting each grandparent can do per person value of the estate. America because the very manufac- per year. Let me shift gears and provide my turing plants that were open in this However, this only amounts to a total friends with some national statistics. country to manufacture goods that had gifting of $48,000 per year, a drop in the buck- The Joint Committee on Taxation a label on it that said made in America et for a combined $7 million estate. has told us out of 92,700 estates of peo- are gone from America. They are now We are one of the oldest Angus operations ple dying in 2011, 49,000 of these estates in China, they are in Mexico, they are in the country, and is all we wish to do is would be taxable under the 55-percent in Thailand, they are in South Korea, continue our family business that has been and elsewhere. Let me talk about those built with our own blood, sweat and tears rate and $1 million exemption. If the over the past years. If current estate tax law were changed to a 35-percent tax jobs and why they have left this coun- laws are not fixed, there will be thousands of rate and $5 million exemption amount, try. small family businesses like ours put out of for example, 3,900 estates would be tax- Listening to my colleagues—and, of business. We need a SENSIBLE and PERMA- able. That is a ratio of 13 to 1. course, the Chamber of Commerce, the NENT fix. For every one estate that would be National Association of Manufacturers, Thanks for your help, taxable under a 35-percent and $5 mil- all of the usual suspects who get in the —Landi lion estate tax regime, a whopping 13 same tub and make the same thumping Mr. President, Landi’s story is not estates would be taxable if the law re- sounds—one would believe that what unique to her. There are more farmers verted to a 55-percent rate and $1 mil- has happened is that we have actually like her in Iowa and around the coun- lion exemption. increased manufacturing jobs in this try. Even if the rate were set at 45 per- country and that moving American I want to talk more broadly now cent and an exemption amount of $3.5 jobs overseas does not hurt anybody; it about how failing to address the estate million, this ratio is 8 to 1. That is, for helps our country. Of course, that is tax sunset will affect Iowa farmers. every one estate that would be taxed just patently untrue. Over the past few years, farm prices under the 45-percent rate, with the $3.5 My colleagues were talking about have been escalating dramatically. Ac- million exemption, eight estates would something called deferral. That is not cording to the U.S. Department of Ag- be taxable under the 55-percent rate something people sit around a coffee riculture, U.S. farm prices have nearly and $1 million exemption if we do not shop talking about—deferral. It means, doubled in the last decade. change the law. in certain cases under this bill, those While recent economic troubles have I will conclude this way. Let’s now companies that shut their American led to home prices dropping, this has look at farmers who would be affected. manufacturing plant, get rid of all

VerDate Mar 15 2010 22:04 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00010 Fmt 4637 Sfmt 0634 E:\RECORD10\RECFILES\S27SE0.REC S27SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 27, 2010 CONGRESSIONAL RECORD — SENATE S7465 their workers, and move the manufac- made this careful agreement in 1962 on in our Tax Code from selling them in turing to China or Mexico, for exam- deferral? How dare you deal with the this country. ple—let’s take China—actually get a Tax Code in a way that you would They previously used bananas. I want tax break from our country that says if upend that 1962 agreement. Everything my colleagues to understand, we actu- they are on one side of the street and has changed. There is not a ghost of a ally have a banana exemption. We do their competitor is on the other side of chance in 1962 that American compa- not actually spell out bananas, but be- the street, and they close their plant, nies would have even thought of trying cause the specter of fruit was raised fire their workers, scat out of town, go something that audacious—just gather the last time this was discussed, we in- to China, hire people there, manufac- together in a mailbox in a white build- cluded a banana exemption. ture the same product, ship it back ing someplace to avoid paying your ob- Of course, we do not grow bananas in here, their country will be generous ligation to this country. the United States. If somebody ships enough to say: Good for you, we will I have shown this as well. Wachovia them back here, they will not be af- give you a tax break for doing it. That Bank (formerly First Union Bank) fected by this amendment either. is what is called a deferral. bought a sewage system in Bochum, There are a lot of points raised that In the narrow scope of what is in this Germany. Why? Did they have sewage have nothing at all to do with what we amendment they object to, deferral specialists on their staff? I don’t think are describing in terms of public pol- says if they leave this country with so. Did they put out television adver- icy. their jobs, shut them down here, move tisements: Come do business with Let me go through a few items. Some people may not know this. I described over there, manufacture there with for- Wachovia Bank because we know about previously in unsuccessful attempts to eign workers, and then ship the prod- sewers or we want to buy sewers in for- try to do what we are doing that in uct back into this country to compete eign cities? No, they did this to avoid New Jersey, there are a lot of folks against the business men and women paying U.S. taxes. This is Wachovia who loved their jobs and they worked who stayed here, who manufacture Bank. They did not pay $175 million in for a company call Fig Newton. Some here, who employ people here, they are U.S. taxes because they bought a sew- actually shoveled fig paste. By the not going to get a tax cut anymore. It age system from a German city. way, the company’s name was Nabisco, is just not going to happen. Did they move the sewage pipes? No. which stands for National Biscuit Com- My colleagues say we have to have Do they know anything about sewers? pany. But it was not quite so national this principle called deferral. What No. They bought it from the German because Nabisco, the National Biscuit about having every American have the city and leased it back so they could Company, decided the pay they had to opportunity for deferral? How about depreciate it and not have to pay U.S. provide for people to shovel fig paste in every American having the oppor- taxes. Unbelievable. New Jersey was way out of line, so tunity to defer their income taxes until The Tax Code has changed, I say to they just took Fig Newtons right off to it is more convenient for them? No, not my friends. It is a punch board of gim- Mexico. If you want Mexican food, buy micks allowing people to do things everybody gets these things. Just the some Fig Newtons. It goes on and on. they could not previously have done interests at the very top. The list is so long. Then when we tried to narrow it a before, and the most significant enter- I want to mention, as I have men- little bit because it gives a pernicious prise is to move American manufac- tioned before, some of these same sto- incentive to move jobs overseas, we turing jobs overseas and get a tax ries because it is important to under- have people standing up saying: We break for doing it. stand what motivates people who want support those companies that are mov- This amendment is very misunder- to stand up for American jobs. ing American jobs overseas. We support stood based on the discussions by the Pennsylvania House Furniture—I was those jobs in China. God forbid you two previous speakers. There is discus- in Pennsylvania this weekend—was want to interrupt this process. sion on the floor of the Senate about made in this country for over 100 years My colleague says: In 1962, there was what is the motivation for moving jobs with fine Pennsylvania wood. It was a this carefully crafted tax agreement on overseas—to serve, for example, a for- wonderful company making high-end deferral—48 years ago. Do not interrupt eign constituency; want to move jobs furniture. One day it was sold to La-Z- that after 48 years. We made this care- to China to be able to sell into Thai- Boy. La-Z-Boy decided: We are going to ful agreement 48 years ago. land or Korea. The tax deferral piece of move Pennsylvania House Furniture to Let me tell my colleagues what has this amendment does not affect you. China, and we are going to ship Penn- happened since then. I have shown this You can win that argument we are not sylvania wood to China and have Chi- on the Senate floor before. In the last having, if you wish, but you are mis- nese workers put the wood together 48 years, the tax system has changed a stating what the amendment suggests. and ship it back to be sold in the little bit. This is a five-story white The deferral part of this amendment United States. It had nothing to do house on Church Street in the Cayman does not do anything of the kind. with whether the folks at Pennsylvania Islands called the Ugland House. The This amendment is narrow—narrower House Furniture were slothful, indo- first time I showed this chart—by the than I would have it, as a matter of lent workers not doing their job. It had way, this is enterprising reporting by fact. But it says if you are going to get nothing to do with that. David Evans from Bloomberg—there rid of your American workers, close What it had to do with is La-Z-Boy were 12,748 companies in this building. your plant, move those jobs elsewhere, did not want to manufacture Pennsyl- It is only a five-story small white and then ship back into this country to vania House Furniture in the United building on Church Street in the Cay- compete with the American businesses States. They wanted to acquire 50-cent man Islands. It was inhabited by 12,748 that stayed here, you do not get the ad- an hour labor, 12 hours a day, 7 days a corporations. A little crowded, I would vantage of deferring the payment of week in China. say. Were they there? No, they just got U.S. taxes. It is just very simple. On the last day at work at the Penn- their mail there. Why did they get The question today is not just who is sylvania House Furniture manufac- their mail there? So they could slip going to stand up for American jobs on turing company, these craftsmen— under the American Tax Code and not this floor, who is going to stand up for nearly 500 craftsmen—as the last piece pay taxes to the U.S. Government. American businesses that stayed here, of furniture came off the line, they When I first showed this chart some manufactured here, hired workers here, turned the cabinet over, and then they years ago, it was 12,748 corporations. paid the rent here, who is going to all gathered round to sign their name But there was room for more. Now stand here and support that? I have not on the bottom of the cabinet. These there are 18,857 entities that call this heard it yet. wonderful American craftsmen signed building home. Is that unbelievable? Let me go through some points. Be- that cabinet. Somebody has a piece of They must enjoy each other’s com- fore I do, let me mention one other furniture they are probably not aware pany, or at least their mail must frat- thing. One of my colleagues just said: has all the names of those workers who ernize. There are some things you cannot were fired as those jobs went to China. Mr. President, more than 18,000 com- make here. So if you make them Why did they do that? Because they panies claim that little building. We abroad, we do not want to punish you cared about their jobs and were proud

VerDate Mar 15 2010 22:04 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00011 Fmt 4637 Sfmt 0634 E:\RECORD10\RECFILES\S27SE0.REC S27SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7466 CONGRESSIONAL RECORD — SENATE September 27, 2010 of their work, but they could not com- compete, so you are done. On the last made an agreement in 1962 on some de- pete with 50-cent-an-hour labor. day at work, where they parked their ferral tax issue, and let’s stick with it. Stanley Furniture in Virginia is a cars in the parking lot, those workers One of my colleagues earlier today furniture company that was started by who were fired that day left a pair of said: You know, we have to worry Tom Stanley, a young dairy farmer in empty shoes in the places where their about American corporations because Virginia. He started it in a city that cars were parked. It was the only thing they pay some of the highest tax rates now is named Stanleytown. A couple of they could do to say: You can move our in the industrial world. Well, that is a months ago, it was decided that jobs to China, but you can never re- little like Penn and Teller talking Stanleytown was going to have some place American workers. about fiscal policy, and only one pretty bad news. Stanleytown was So I could go on and on, but I want to speaks and the other is silent. It is true going to find out that these jobs were describe what so many here in this that our corporate tax rates, I believe no longer going to be in Stanleytown. Chamber wish to ignore. This is a second from the top of the OECD coun- Stanley Furniture, another fine fur- quote from Mr. Paul Craig Roberts, one tries. But there is another truth. The niture manufacturer, was going to of the top Treasury officials in the other truth is that our corporations in China. Reagan administration. Here is what America pay an effective tax rate that Let me read from the Journal of he said this year: is right near the bottom. What is the Commerce of this year: Outsourcing is rapidly eroding America’s difference? One is a statutory rate— Stanley Furniture’s decision to close its superpower status. Only fools will continue that is what the law says you should plant in the small town that bears its name clinging to the premise that outsourcing is pay—and the other is how much you fell like a hammer blow on southern Virginia good for America. pay, which is right near the bottom. and resounded across an industry, increas- Only fools will cling to that premise. Why? Because we have a punchboard of ingly now moving overseas. More than 500 And I agree with him. gimmicks to allow that to happen. I workers will lose their jobs this year as the Again, another quote from Mr. Paul manufacturer shuts down its Stanleytown, have described a couple: American VA, plant, where the company has made fur- Craig Roberts: banks and other companies buying Ger- niture since 1924. In order to penetrate and to serve foreign man sewer systems, buying German So it goes—moving jobs overseas. Let markets, U.S. corporations need overseas op- railcar systems, streetcars, buying erations. However, many U.S. companies use German city halls for the purpose of me, if I might, go through a couple of foreign labor to manufacturer abroad the others. sale-leasebacks so they can avoid pay- products that they sell in American mar- ing taxes to the United States. It is I notice the Hershey company— kets. If Henry Ford had used Indian, Chinese, speaking of Pennsylvania—Hershey and Mexican workers to manufacturer his pretty unbelievable, when you think company’s York Peppermint Pattie is cars, Indians, Chinese and Mexicans could about it. that silver pattie with the ‘‘York’’ in possibly have purchased Fords but not Amer- The only reason I have mentioned the middle and the advertisement that icans. some of the companies over the years says: ‘‘The cool, refreshing taste of Again, he is absolutely right. It when I have talked about this is to give mint dipped in dark chocolate will seems to me the question is, Will them full credit for what they are try- take you miles away’’—in this case, of America remain a world-class eco- ing to do. They and all their neighbors course, to Mexico because Hershey de- nomic power without a world-class should understand that they want all cided it is time to move. So York Pep- manufacturing capability? Does any- the benefits America has to offer, but permint Pattie moves 260 jobs to Mon- body really believe that could be the they don’t want to sign up for the re- terey, Mexico—part of a longer term case? You are going to decimate and sponsibilities that exist for Americans, including an American company. job strategy by Hershey, they said. erode a manufacturing base in this I want our corporations to do well. I Well, that is a peppermint pattie. country and then say: Things will be want American corporations to be prof- just fine; don’t worry about it. We can America’s manufacturing strategy itable. But I will tell you this: If you all sell hamburgers to each other and probably doesn’t depend on peppermint have two kinds of corporations, and things will be just great? We know bet- patties—who knows. one decides to stay here and manufac- I have previously mentioned a series ter than that. What is happening before ture in our country and the other de- of American manufacturers, and I have our eyes is a hollowing out of Amer- cides to take the jobs and move to a used this one often because they an- ica’s manufacturing capability. low-wage, lower tax alternative, I want nounced with great fanfare some years There is a lot of discussion about to be helpful to that corporation that ago that they were going to leave what do we do about jobs, what do we stays here, that hires workers here, do about trying to create new jobs in America altogether. Not another piece that keeps the plant open here and is the country, and that has to do with of underwear was going to be made by proud to put a made-in-America label what is called the faucet. If we are try- Fruit of the Loom in the United on their product. States. The dancing grapes, for all ing to put new jobs in the tub, they There is a company called HMC in their advertisements, must have been say, turn on the faucet. That is fine, this country that makes very substan- unhappy. Their advertisements were and I support a range of policies that tial industrial products. You can see always happy and upbeat, with guys try to turn on the faucet to create that this is a company everyone ad- dressed as grapes and such marching in more jobs in this country. But what mires. Let me tell you what this cor- the meadow. They can’t have been very about the open drain? As we work on porate CEO has said. The CEO of HMC happy when Fruit of the Loom said: We the faucet, what about the drain, when corporation, Robert Smith, said this: are not going to make underwear in Stanley Furniture says: Well, I know Offshoring in search of higher profits is a America anymore. you are trying to create jobs, but we mistake because it ignores manufacturing’s Radio Flyer’s little red wagon. This are out of here; or Etch A Sketch in larger purpose in U.S. society. was a 100-year-old company in Chicago. Bryan, OH, says: Yeah, we know every Here is something else Mr. Robert All gone. Now made in Mexico. kid plays with Etch A Sketch. We Smith said, and I compliment him be- Here is another company. I have been know we have always made it in Amer- cause you will find precious few who talking about this one for a long time. ica. But we were told by Walmart that will say it. Last week, my colleague from Ohio if we couldn’t produce it for $9.99 or It is my belief that every American citizen, talked about this company—Huffy Bi- less, they wouldn’t sell it. If they don’t not only me, should feel strongly about cycles. You can buy them at Walmart sell it, we are out of business, so we are maintaining one of the most important cul- and Kmart and Sears. They were made closing down our plant and moving to tures we have, and that is manufacturing. in Ohio—except, no more. No more. All China. Now, why is it important? Does anybody those workers lost their jobs. All those The list goes on and on. The question think we would have prevailed in the Second jobs are in China. All those jobs are is, What do we do about all of this? My World War without the prodigious manufac- turing capability of our country? If anybody done by people who make 50 cents an colleagues—too many of them—say: is interested in that, go read Manchester’s hour, working 7 days a week, 12 to 14 Let’s do nothing. Let’s act as if noth- ‘‘The Glory and the Dream’’ and understand hours a day. Huffy said to the workers ing is really going on. In fact, let’s what we did and how we did it in manufac- in Ohio: You know what, you can’t come in here and say: You know, we turing war planes and ships and tanks and

VerDate Mar 15 2010 22:04 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00012 Fmt 4637 Sfmt 0634 E:\RECORD10\RECFILES\S27SE0.REC S27SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 27, 2010 CONGRESSIONAL RECORD — SENATE S7467 trucks. We had the most unbelievable manu- terms of the standards we have created they don’t even mention the bilateral facturing capability in the history of human- and fought for over a long, long time? automobile problem, not even a word. kind. To me, the answer is self-evident: Let’s Our country did a bilateral agree- Some say that none of this matters— stand up for what this country has ment with China, a country with which why should we pick winners and losers? done. we had a $200 billion trade deficit. We If the marketplace says we manufac- I am all for helping others. I want to had a huge deficit with China, biggest ture products in China or Mexico, if, in lift them up, create standards that in the world. Here is what our country fact, we actually import more cars hopefully can mirror ours. I am not in- said. We said, on bilateral automobile from Mexico than we export to the en- terested at all in having a Huffy Bicy- trade we will do this: When you ship a tire rest of the world, so what? Don’t cle management team say to the Huffy Chinese car to the United States we worry, be happy. That is the way the workers in Ohio: If you can’t compete will only impose a 2.5 percent tariff on U.S. Chamber of Commerce wants it, with China’s wages and China’s work- your car, but if we ship an American and it is what the National Association ers, you are out of work, and we don’t car to be sold in China, you may im- of Manufacturers wants to have hap- care what you think. pose a tariff of 25 percent. You may im- pen, apparently—except I know of com- Well, the workers of Ohio said: You pose a tariff that is 10 times higher panies that belong to both those orga- know what, we just can’t live on 50 than we would impose in bilateral rela- nizations that have called me and writ- cents an hour, and we can’t work 7 tionship with a country with which we ten to me and said that they are dead days a week, 12 to 14 hours a day. had a $200 billion trade deficit. If that wrong. How about having a chamber in The law won’t allow U.S. companies is not defined as ignorance, then I have the U.S. Senate stand up for American to hire kids, so the company said: That missed the definition of ignorance. manufacturing? is tough luck. You need to understand Why wouldn’t we step up for our eco- I know that when I talk this way and that it is a new world out there. If you nomic interest? China, by the way, when I say these things, there are peo- can’t compete, you lose. right now is ratcheting up a very ag- ple in this room—and the Washington Well, this is a race to the bottom in gressive automobile industry. You are Post would be a good example—who terms of standards. going to see a lot of Chinese cars on Some say: Well, we can innovate. We will instantly say: Aha, I hear all that the streets in this country in the years are the innovators, yes, that is true. I nonsense. This is about protectionism. ahead. chair the Congressional-Executive But I rest my case. I mentioned auto- It is about America becoming protec- Commission on China, and so I held a mobiles. I could mention lots of other tionist and building walls around its hearing last week on counterfeiting issues. I have written books about this. country to keep goods out. and piracy. Do you know what? We in- But the fact is, the issue before us Are you kidding me? Are they nuts novate, and then we see it stolen. Intel- today is not somebody coming here and when they talk that way? Last month, lectual property is stolen and produced saying, in the 1962 agreement on defer- we had a $50 billion trade deficit in 1 elsewhere. It is always produced else- ral—or another speaker talking about single month. In a recent year, we had where. We invented the television set— how if you let people go overseas there a $750 billion trade deficit. You can gone, produced elsewhere; computers— will be more jobs here at home. make a plausible case that our fiscal largely produced elsewhere. I could go Let me finally say, this issue of de- policy budget deficit is what we owe to through a whole list. ferral is that in some cases these com- ourselves. You can make that case, and The question is, What kind of a coun- panies know they never have to pay we will pay it back to ourselves. You try do we want to have? For example, taxes. The reason? Because they defer can’t make that case with a trade def- we have done a lot of free-trade agree- and defer on foreign profits. This icit. The trade deficit is what we owe ments. In fact, let me do this. I want to amendment is only about if you have others in the world, and we will repay just mention a free-trade agreement profits in a foreign subsidiary, from that with a lower standard of living in with South Korea, and I could go selling back into America, into this this country inevitably. through all of the free-trade agree- marketplace. Some of them can leave The question is, When will we start ments and show how unbelievably igno- to go overseas knowing they will get to decide that this trade strategy is rant our country has been with respect the advantage of deferral and pay lower not working? We are dealing with other to its own economic self-interest. But taxes than the company that stayed countries that are engaged in managed let me give one example. here, but they will get an even better trade, and yet we are saying it doesn’t This chart shows the number of cars deal. If they hang, we will have some- matter what happens to us. It just in South Korea. In South Korea, 98 per- body in one of these Chambers thumb- doesn’t matter. cent of the cars driven on the streets ing their suspenders and shuffling We, by the way, spent a century and roads are made in South Korea. around and harrumphing about maybe doing what other countries wouldn’t or Now, you might think that is really in- what we should do is say all of those couldn’t—in most cases, couldn’t—and teresting, that they have an appetite people who have money overseas, let’s we lifted up this country. We had unbe- for buying those South Korean-made let them bring it back here and pay a lievable battles. cars. It is not an appetite, it is what 5.25 percent tax rate. You say: Oh, they The other day, I described the battle that country decides it wants. They do would never do that. Oh, they sure did. on workers’ rights. In the first book I not want South Koreans to buy foreign It is the rest of the people who do not wrote, I described James Fyler. James cars, so 98 percent of the cars on their get to pay the 5.25 interest. It is just Fyler was shot 54 times. I said—and I streets are South Korean cars. the biggest interests who closed their shouldn’t have—that he died of lead So let’s talk about our relationship American companies and moved their poisoning. He died because he was shot with South Korea, and it is this: Last companies overseas and produced over- 54 times in 1917 in Ludlow, CO. He was year, because we had a recession, we seas after they got rid of their Amer- shot because he believed that people didn’t sell as many South Korean cars ican workers. They were told in addi- who worked underground digging for in our country. At one point, it was tion to getting a tax break for doing it, coal ought to work in a safe workplace close to 800,000 a year. Last year, the we want to give you something on top and ought to be paid a fair wage. And South Koreans put 467,000 cars on ships of that, the cherry on top of the sun- for that, he gave his life. and shipped them to America to be sold dae: If ever you do bring it back, you There are many things we have done here in our country. That is 467,000. get to pay a tax rate that is one-half of over the past century that people have Does anybody want to guess how many the lowest tax rate that the lowest in- died for to lift up standards in Amer- cars we could sell in Korea last year? come American has to pay. What an ica, and now they are routine—decent Six thousand. So 467,000 to 6,000. Why? unbelievable deal. wages, fair labor standards, and safe Because South Korea doesn’t want us Let me say, as I started, if ever some- workplaces. We did all that. Other to sell American cars in South Korea, one wishes to hear the strongest de- countries, in many cases, have not. So and they have dozens of clever devices fense possible of sending American jobs now the question is, Is it important for to stop it. to China, listen up because in the next us to lift up others around the world or Our country negotiates a trade agree- few hours we will hear some more of it. to allow ourselves to be pushed down in ment with South Korea—guess what, We have already heard some.

VerDate Mar 15 2010 22:04 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00013 Fmt 4637 Sfmt 0634 E:\RECORD10\RECFILES\S27SE0.REC S27SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7468 CONGRESSIONAL RECORD — SENATE September 27, 2010 They don’t say it quite this way: We tion and I invite the Republican Sen- not work. In fact, it failed miserably. think it is nice that if China is not ators and the Chamber of Commerce It added to our national debt, more competitive, and their government de- and whatever other groups happen to than doubled our national debt during cided they don’t need to do certain believe the other point of view for an the Bush Presidency, so that when things that we have done to increase active debate. Who in the world be- President Bush left office he handed to standards and lift the American stand- lieves we should be rewarding corpora- President Obama a $12 trillion debt— ards, we think it is OK if American tions in our country for shipping jobs not $5 trillion, $12 trillion. Instead of jobs migrate elsewhere because we do overseas? handing him a surplus in the budget of not believe we have to long remain a We know what we are going through $120 billion for the next year, as he had world economic power in manufac- here. This recession has cost us mil- been given when he came to office, he turing to really be a world economic lions of American jobs. Under Presi- announced it would be a $1.2 trillion power. dent William Jefferson Clinton, we cre- deficit in the next year. That is what They could not be more wrong. This ated 22 million new jobs in America. President Obama inherited. And of is not a big step. This is the smallest of We had the growth of small business at course jobs were melting away—8 mil- steps that you would take in the direc- a pace we had never seen. We had mi- lion jobs. tion of saying: You know something, nority ownership, woman ownership of The month President Obama was we are going to do something about a business at a pace we had never seen. sworn in as President and took his very serious problem. We are trying to We saw the growth of new home con- hand off the Bible, we lost 750,000 jobs, work the faucet to put more jobs into struction and new home ownership at a a leftover from the Bush economic this country, into this economy, at a record pace. During the course of that policies. tough time. We are also trying to shut 8-year period of time, we generated a Now come the Republicans. They the drain in circumstances where our surplus in the Federal Treasury—a sur- have announced if they are given con- Tax Code rewards those who now leave plus. We had not done that for a decade trol of Congress in the next election, our country and move their jobs over- or more. they have an idea of where we should seas. So came the time when President go as a Nation. We should go back to If we cannot do that now, then, in my Clinton was leaving office, handing it the Bush economic policies. That is judgment, we can perhaps never do over to President George W. Bush. This what the Republican plan for America good public policy that lifts this coun- is what he gave him: a growing econ- is, go back to the Bush economic poli- try’s economy, stands up for American omy creating jobs, home ownership and cies of declaring tax breaks for the businesses and American workers. business ownership. He said to Presi- wealthiest people in America. Senator I yield the floor. dent George W. Bush: Here is the state MCCONNELL stated proudly on the Sun- The PRESIDING OFFICER (Mr. of our economy. We are reducing our day talk shows yesterday that he has KAUFMAN). The majority whip. national debt because we are gener- had the courage to step up and put a Mr. DURBIN. Mr. President, let me ating a surplus, and the entire national bill before Congress of what he thinks thank the Senator from North Dakota. debt of America, given from President we should do as a Nation when it comes He is retiring. We are going to miss Clinton to President Bush, was $5 tril- to economic policy. He did. It was his- him. He has been a powerful voice in lion. toric. It was so historic that Senator the Senate and no more powerful on President Clinton said to President MCCONNELL suggested a tax program any issue than on this one, talking Bush: In addition to a strong economy that would nearly double the national about American jobs and how we are that is growing, I also want to tell you debt—nearly double it—during the giving them away, literally giving I am leaving you a surplus in the same period of time: $4 trillion of new them away. Treasury—$120 billion in the next year, debt for America. How does he do it? Time and time again Senator BYRON more than you need for the expenses of On the Republican side, by suggesting DORGAN has come to the floor to ex- our government. President Clinton we continue to give tax breaks to those plain that our Tax Code rewards Amer- said: We have been taking the surplus, in the highest income categories in ican companies that want to ship pro- incidentally, putting it back into the America. duction overseas. Is that upside down? Social Security trust fund, and that I for one think that is totally irre- As Senator DORGAN has said on the fund will now guarantee every payment sponsible. In the midst of a recession, floor, and I completely agree with him, with a cost-of-living adjustment let us help working families, middle-in- we should reward American companies through the year 2032. Not a bad gift come families struggling to pay their that keep good-paying jobs in America. from President Clinton to President bills, struggling to deal with a home That is what our Tax Code should re- Bush. That was when President George mortgage payment where the value of ward. If they will pay a living wage and W. Bush took office. the home may be going down instead of good benefits to a worker, and stay in What was the state of America 8 up. Help those families. But for those the United States of America, we ought years later, when President Bush left who are making $1 million a year or to give them every tax break we can office, when he said to President more, why in the world would we add give them—help them in every way we Obama: Now it is your turn. It was a to the national debt to give them a can. Instead, it is upside down. We cre- much different picture. The national $100,000 tax cut a year? Why? It only ate incentives for them to move jobs debt in America was no longer $5 tril- adds to the national debt. overseas. lion. Eight years later, after President The Republican theory is, if you give We are a few weeks away from an Bush, it was $12 trillion. In 8 years, tax cuts to the wealthiest people in election. I wish this election would be only 8 years, President Bush and the America, this economy is going to a simple referendum on the debate we Republicans who supported him more flourish. I say to the Senators on the are having on the floor of the Senate than doubled the national debt. How do other side, it is a theory we tested and right now. The Senate Republican lead- you do that? How can you take a debt it failed. It is the same theory we test- er has come to the floor and said we accumulated from George Washington ed over the last 10 years of Bush tax should not be talking about this issue. through President Clinton of $5 trillion cuts. If tax cuts for the wealthiest peo- He wants to talk about something else. and make it $12 trillion in 8 years? You ple in America is what we need for our Others, representing the largest cor- had to work at it. economy, I have one basic question porations and businesses in America, First, you had to engage in two wars after 10 years: Where are the jobs? say that the position being taken by we didn’t pay for and then you did Where are the jobs to show for it? the Democrats to stop the tax breaks something—President Bush did some- Our approach I think is more reason- for American companies that ship jobs thing no President had ever done in the able, reasonable in that we would give overseas should be defeated. I wish to history of the United States. In the tax breaks and tax cuts to those take that question to the American midst of a war he declared tax cuts. Re- working- and middle-income families voters. You pick the State, you pick member that Republican theory: If we below $250,000 of income so they can the city, you pick the neighborhood. I give tax cuts, this economy is going to get through this tough economy. I want to be there. I will take our posi- mushroom and grow with jobs? It did don’t care if the economists tell us the

VerDate Mar 15 2010 22:04 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00014 Fmt 4637 Sfmt 0634 E:\RECORD10\RECFILES\S27SE0.REC S27SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 27, 2010 CONGRESSIONAL RECORD — SENATE S7469 recession is over. As far as I am con- endless bonuses are raining down on I know global competition is a fact of cerned, to use the vernacular: It ain’t the chosen few, just like the good old life. America could never be a wealthy over until it’s over, and it ain’t over days on Wall Street. But what about nation if we just did one another’s until we start creating jobs again. the rest of hard-working families laundry. We need to produce goods and That is what this debate on the floor across America? What about the fami- services that are competitive on a of the Senate is about, not just tax pol- lies who never have made a million global basis, and we can do it. We have icy but basically what is our policy bucks? That is the vast majority of done it in the past and we can do it when it comes to shipping jobs over- them. What about the families who again. American workers can compete seas. earned the median wage in this coun- with the best in the world. I think American workers are the try, about $50,000 a year? Those jobs But our laws do not give many of our hardest working, most productive are not coming back fast enough. workers a fighting chance. Why should workers in the world. Put them up The Recovery Act that we passed last companies be rewarded for shipping against anybody. Will they work for year, with the support of three Repub- good American jobs overseas? China, the lowest wages in the world? No. And lican Senators—only three who would Germany and Japan and our other they should not. We should have a join us in this effort—has at least competitors do everything they can to standard of living in this country that slowed down the recession and the loss generate more work in their home we are proud of. But our workers have of jobs. It has not produced the turn- countries so they can sell products shown that when paid a living wage, around we all want to see. It will take from China and Germany and Japan all they are productive workers and can some time. But at least it stopped the around the world. compete with anyone. recession from becoming even worse. Meanwhile, our conglomerates and Yet American companies have de- This recession would not be over yet many corporations and their friends in cided they want to ship their jobs over- by anyone’s measure had President Congress defend offshoring tax loop- seas and see if they can make more Obama taken the advice from the other holes that other countries would never money. As far as I am concerned, that side of the aisle. They believed we allow to stand. That is why I intro- is their choice. I think it is a wrong should do nothing—nothing—in the duced the bill that is going to be voted one. That is their choice. But the last midst of a recession. I have heard Sen- on tomorrow, with the help of my col- thing in the world we ought to do is ate Republicans come to the floor and leagues and friends, Senator HARRY give them a tax incentive to ship those criticize President Obama for loaning REID, the majority leader; Senator jobs overseas. We know what has hap- money to General Motors and Chrysler. BYRON DORGAN, who has been our lead- pened to American families here over I will tell you, in my home State of Il- er for years on this issue; Senator the last 10 years and longer in Amer- linois, those automobile manufac- CHUCK SCHUMER of New York, and ica. They have been falling a little bit turing jobs, at General Motors and many others. behind each and every year, in terms of Chrysler, are good-paying jobs. We It is a bill that has three provisions their earning power. have lost a lot of them. But the good in it. I think they make sense. First, As the Wall Street Journal, which I news is, those companies are back. we will make two changes to discour- do not quote very often, put it re- They are profitable. They are selling age U.S. companies from giving out cently, it was the ‘‘Lost Decade for fewer cars and trucks now, but they are pink slips to Americans while they Family Income.’’ The median income selling and they are competitive. open the doors at their new factories in America fell almost 5 percent be- That would never have happened had overseas. tween 2000 and 2009. the Republicans had their way and We will say to firms: If you want to Meanwhile, Merrill Lynch reported stopped the President from giving shut down operations in the United earlier this summer the number of fi- loans necessary to these automobile States and move somewhere else—I nancial millionaires in America rose manufacturers. We would have seen hope you do not make that decision, by 16 percent. Solid middle-class manu- maybe one company, Ford, that might but if you make it, we are not going to facturing jobs have been disappearing have survived. The other two probably give you a tax break to make it easier. across the country. The AFL–CIO esti- would not be here today in any form, We will also say to the firms, if you mates that from 2000 to 2007—that was and all the jobs, the tens of thousands want to sell your products in this coun- the period of time during the Bush of jobs they provide in America, would try that you made overseas, we are not Presidency—the United States lost 5.5 have been lost. going to let you start making those million manufacturing jobs. The Recovery Act saved another 2.7 goods overseas, ship them back to this In the 8 years before, under President million Americans from the unemploy- country, and avoid paying your taxes Clinton, we had created 22 million jobs. ment roles, according to economists on your profits, something called defer- Under President Bush, we lost 5.5 mil- Alan Blinder and Mark Zandi. In case ral. lion manufacturing jobs. By the end of you think: Well, DURBIN, that must be Second, we will make it more attrac- 2009, the fewest number of Americans your favorite Democratic economist, tive for companies to bring good jobs were working in manufacturing since Mark Zandi happened to be JOHN back home. This is a provision from before World War II. But it is not just MCCAIN’s economist when JOHN MCCAIN Senator SCHUMER of New York, which the jobs on the shop floor that dis- ran for President, and he credits the says to firms: If you bring jobs back appeared during the Bush administra- Recovery Act with saving 2.7 million from another country, you do not have tion. jobs. to pay your share of the payroll taxes Goldman Sachs estimates between But even with all these efforts, there on those U.S. workers for 3 years. It is 400,000 and 600,000 professional services is still a lot to do. It is not enough to an incentive to bring these jobs back and information sector jobs have help the private sector create more home. moved overseas in the past few years. jobs. We need for them to be created There is nothing radical in this pro- That was during a time when these right here in America. There is one line posal. You would think it would pass businesses were raking in record prof- I can use anywhere in the State of Illi- by a voice vote. Who in the world its and jobs were leaving America. nois, and I will bet across this Nation, would object to ending tax loopholes to Then, when the boom turned into a which I think typifies what most peo- send jobs overseas? Who would object bust, those wizards of Wall Street, ple think about when they think about to creating tax incentives for bringing those captains of capitalism, those our economy. jobs from overseas back home? kings of commerce, those malefactors I will bet you I could use this line in But that is what this debate is all of great wealth experienced a tem- the State of Delaware. The line is this: about. The defenders of these tax loop- porary setback. Profits were down, I would like to go into the store tomor- holes have wasted no time in launching stocks were down, and so compensation row and find more products stamped an aggressive lobbying campaign was down on Wall Street, for about 15 ‘‘made in the USA.’’ People start ap- against the bill: The Chamber of Com- minutes. plauding. They are sick and tired of all merce, the National Association of Corporate profits are now surging, the imports coming in and all the jobs Manufacturers have written in opposi- the stock market is roaring back, and going away. tion to the bill, and the Republican

VerDate Mar 15 2010 22:04 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00015 Fmt 4637 Sfmt 0634 E:\RECORD10\RECFILES\S27SE0.REC S27SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7470 CONGRESSIONAL RECORD — SENATE September 27, 2010 leader has already spoken on the floor selling the plant, Lakshmi decided to ship our jobs back home, it is not hap- against even debating this bill. He does all of the parts over the oceans . . .— pening. Exactly the opposite is hap- not want us to bring it up. This 10-year-old wrote to me and pening—jobs overseas, loss of jobs in The message they send is clear: Cor- said— the United States. porate profits are more important than I think the plant should not be closed be- Well, enough is enough. We need to American jobs. I could not disagree cause if he shipped the parts all over, then stop rewarding companies, through our more. I have watched too many hard- hundreds of peoples’ jobs will be lost. Please Tax Code, for killing American jobs, working, middle-class families lose Help Us! and we need to create incentives to their livelihoods as companies fire The heartbreaking news for that bring those jobs back home. This bill is American workers and then use the young girl is that our Tax Code re- very straightforward. It is a clear Tax Code to make shifting jobs over- warded the plant for shipping the choice. Senators can decide. Do they seas more profitable. equipment overseas. This 10-year-old want to stand with American workers? In August, I was in Rock Falls and girl, wise beyond her years, heart- Do they want to stand with those cor- Sterling, IL. A woman named Julie broken that her dad had lost his job, porate interests that want to ship jobs came. She had worked at the local na- may not understand the global implica- overseas? Do they believe our Tax Code tional manufacturing company there tions of plant closings, but she sure should reward good American compa- for 34 years. She was a grandmother, knows what it means to her family. nies that pay good wages and good ben- raised her family, and was trying to Here is what a 30-year veteran of that efits to American workers and stay help with her grandkids. She had just plant wrote: here or do they want to create an in- been notified that company was mov- The plant was shut down in the spring even centive to ship those jobs overseas? ing overseas. though it made a profit. . . . Being the fa- That is what this bill is all about. I I said to her: As painful as it is for ther of two college freshman, I have to won- hope there will be at least one Repub- you to get that pink slip after 34 years der what the future will hold for my children lican Senator who will join us in this of service to that company, I am sorry . . . American industry, the backbone of our effort. It would be a breakthrough. I to tell you that our Tax Code made it country, cannot exist in this environment. hope it is more than one. But I hope easier for that company to leave town, Well, I agree. That is why I am on they are hearing the same thing back made it easier for them to do away the floor. That is why this bill is on the home. I would just ask those who op- with your job. floor. We have to do something about pose it to go to your home State, pick I ran into other workers around Illi- it. Here is another one. This is a com- the community, pick the town, and in- nois as well. To add insult to injury, pany that once operated in my home vite me to come and debate you, if you after a lifetime of working for these State of Illinois, Honeywell Inter- are on the other side of the this issue. businesses, some of these businesses ac- national. They closed their plants in You pick it. I want to be in on that tually bring in the workers from China Freeport, Rock Island, Spring Valley, debate. and Mexico and ask the American and Springfield and then sent the jobs I believe the bottom line is this: The workers, in their last week or two of to India, China, and Mexico. American Tax Code should be designed employment, to train the foreign work- The Department of Labor certified to help American companies create ers to do their jobs. Can you imagine these workers lost their jobs because good-paying jobs right here in the how hard that must be—to realize that the jobs were actually sent overseas. In United States. Our focus ought to be to tomorrow you are out of work, and the my hometown of Springfield, the plant make sure when people walk in stores person sitting across the table, whom closing cost us 120 jobs in the capital across America, they can flip that you are training, is going to have your city. This was a plant that had been in product over and see made in the USA job? production since 1938, long before I was again. With this vote, Senators will be Then, how about this? How about the born, when it produced the world’s first given a choice where they want the fact that the cost of bringing that for- electric clock for automobiles. The next round of job creation to be. Do eign worker over here to be trained is plant also supplied electrical products they want it in the United States or in now tax deductible under our Tax to support our troops during World war China? Middle-class families in this Code? What is wrong with this picture? II. In an instant, this piece of Amer- country have been struggling for a long A good example of a company moving ican history vanished to Juarez, Mex- time. They are upset. They want more good American jobs overseas happened ico. jobs. They want a Congress that will in Hennepin, IL. The local steel mill I received a letter from a victim of stand up and fight for them. With this there was built in 1966. I remember it. this particular example of offshoring vote, they will find out who is going to I was a college student out here at the good American jobs. Here is what he be on their side. time, and we were so exited. It was wrote to me: I yield the floor. Jones Laughlin, if I am not mistaken, . . . stop rewarding Honeywell and other cor- The PRESIDING OFFICER. The Sen- when it first started. It changed owner- porations that ship jobs out of the country ator from Maine. ship over the years. It was a big em- . . . They don’t deserve tax money for mak- Ms. COLLINS. Mr. President, I sug- ployer in the region around Hennepin. ing the US unemployment rate go up fur- gest the absence of a quorum. They employed 600 people at their ther. The PRESIDING OFFICER. The peak in a steel mill. Imagine that. As Well, that is exactly what this bill clerk will call the roll. of last year, they still had 300 people on before us wants to stop. Let me show The assistant legislative clerk pro- the payroll. Arcelor-Mittal, the huge you one other illustration. U.S. multi- ceeded to call the roll. steel conglomerate, bought the plant in nationals are increasing hiring abroad Ms. COLLINS. I ask unanimous con- 2005. Many in the community said: This and decreasing hiring at home. In sent that the order for the quorum call is a break, a godsend. That huge com- total, between 1999, at this end of the be rescinded. pany is going to invest in this plant chart, and 2008, multinational corpora- The PRESIDING OFFICER. Without and we are going to keep our jobs. tions in the United States added 2.4 objection, it is so ordered. It did not happen. Arcelor-Mittal de- million jobs overseas, a 30-percent in- TAX EXTENDERS cided last year that the profitable crease. Ms. COLLINS. Mr. President, I rise plant in Hennepin—they were making Well, there is nothing wrong with to express my concern that the Senate money—the profitable plant, was no companies growing. But look what hap- may adjourn this week without extend- longer worth keeping open. Just like pened here at home. Here is the prob- ing the 2001 and 2003 tax relief provi- that, 300 solid, middle-class jobs dis- lem. During the same period, these sions which are slated to expire on Jan- appeared. American companies cut 1.9 million uary 1. I received a lot of letters from mem- jobs in America, an 8-percent decrease. These tax laws include important re- bers of the community. A 10-year-old It is obvious. The jobs are being forms such as the 10 percent tax rate, girl wrote to me: shipped overseas and killed at home. relief from the marriage penalty, and My dad . . . got laid off by Lakshmi This notion by some companies that if the child tax credit. They provide tax Mittal, at Mittal Steel. You see, instead of you let us produce overseas it will help relief to nearly 90 percent of all

VerDate Mar 15 2010 22:04 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00016 Fmt 4637 Sfmt 0634 E:\RECORD10\RECFILES\S27SE0.REC S27SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 27, 2010 CONGRESSIONAL RECORD — SENATE S7471 Mainers. If they are not extended, vir- ing and fabrication operations put regulations that require $13,000 in tually every Maine family and many— Maine on the cutting edge of innova- emissions equipment on each new indeed, most—of our small businesses tion. As is so often the case, success truck. Together, these changes have will see their taxes increase. If these started small with this small business. raised Pottle’s annual cost of doing tax relief provisions are not extended, D&G was founded in 1967 by Dave business by about three-quarters of $1 the typical American family of four Gushee and Fred Loring in a one-car million. On top of this, Barry has to with a household income of approxi- garage behind Dave’s home. They spe- worry about the tax increases his com- mately $50,000 will see their taxes in- cialized in producing custom tooling pany will face if the 2001 and 2003 tax crease by about $2,900 next year. That and dyes for equipment manufacturers relief laws expire at the end of this is right. Coupled with tax increases in the Portland area and soon added year. that are included in the new health fabrication and welding services. Visiting these businesses and others, care reform law, which I opposed, the D&G’s founding principles of quality, reading what economists such as Peter result would be one of the largest tax attention to detail and delivering un- Orszag have said, has confirmed my be- increases in our history. surpassed customer satisfaction paid lief that the administration must re- Many economists contend this is the off. verse its present course, which is sti- worst possible time to increase taxes Within a few years, this young com- fling job growth, discouraging entre- because our economy is so fragile. I pany outgrew the tiny garage and ex- preneurship and risk taking, and hob- fully agree. I cannot imagine anyone panded into sophisticated design and bling the economic recovery. Ameri- even contemplating increasing taxes in engineering services. Today D&G has cans should be proud of the spirit, the the midst of a recession. The con- more than 100,000 square feet of shop drive, and the determination that has sequences for small businesses would space and more than 130 highly skilled produced small business success stories also be dire. Higher taxes would take and dedicated employees. I met many such as D&G Machine Products and critical investment dollars away, leav- of them during my tour last month. Pottle’s Transportation. ing less for innovation and expansion, Duane Gushee, who now runs the We in Washington must recognize not to mention employee wages and company, tells me he is very concerned that the policies we adopt or the tax benefits. Raising taxes when the econ- about the impact higher taxes would laws we fail to extend have an impact omy is still weak would make it dif- have on his company’s ability to com- on whether these companies can start ficult and in some cases impossible for pete. Duane pointed out to me that his up, grow, prosper, and, most of all, cre- small businesses to start, grow, and company does not compete primarily ate good jobs. So what I have suggested create jobs. against other Maine firms or even we do as a compromise is to extend Peter Orszag, President Obama’s against other U.S. companies. It has to these two important tax relief laws for former OMB Director, recently penned compete successfully with companies another 2 years. That will get us and op-ed for the New York Times in all around the world for markets and through this recession. It will send a which he argued that this is no time to customers. Without constant innova- strong signal to the business commu- raise taxes. As he pointed out, the fail- tion and investment in cutting edge nity. ure to extend existing tax relief would technology, D&G will lose its cus- I cannot tell you how many busi- ‘‘make an already stagnating job mar- tomers, and its employees will lose nesses have told me they are holding ket worse.’’ He went on to say: their jobs. If we don’t act, the tax in- on to capital right now. They do not Higher taxes now would crimp consumer crease that will hit D&G on January 1 dare invest to create much needed jobs spending, further depressing the already in- will take money out of its bottom line, because of the uncertainty of what is adequate demand for what firms are capable money that is needed to upgrade equip- going to happen on tax policy. We of producing at full tilt. ment and stay ahead of foreign com- know we need to revamp our Tax Code. I hope President Obama will heed the petition. We need to make it fairer. We need to advice of his former budget director Another small business I visited is make it simpler. But for right now the and abandon his plan to raise taxes at Pottle’s Transportation, a trucking best thing we could do would be to ex- this critical time. company headquartered in Bangor. tend those two laws—the 2001 and 2003 It is important to understand that This company was founded in 1972, and tax reform laws—for an additional 2 many small businesses are passthrough it has grown to more than 200 employ- years to provide certainty to busi- entities such as sole proprietorships, ees with 150 trucks. Pottle’s now pro- nesses and to send a strong signal that partnerships, and S corporations. vides service throughout the conti- we get it. We know we should not in- These small businesses must report nental United States and Canada, al- crease taxes in the midst of a reces- their earnings on their owner’s indi- though it concentrates its efforts in sion. vidual income tax returns. The Joint the Northeast. It is known for main- One of the most startling conversa- Committee on Taxation has estimated taining an impressive on-time delivery tions I had during August was with a that there are some 750,000 passthrough record without sacrificing safety. In small businessman who owns a small small businesses in the top two tax fact, it has received award after award community grocery store. He told me brackets. in recognition of its safety record. he had an opportunity to buy a second I wish to share with my colleagues Pottle’s is also known for its commit- store in another rural Maine town. He examples of a couple small businesses ment to the environment. Pottle’s is a said he had the financing in place to in Maine that would be hurt by this tax member of EPA’s Smartway Program make the purchase, and he would like increase. They are representative of and received the EPA Environmental to create more jobs and keep this small many others, of course. Merit Award in 2008. business going serving the needs of the This August, I toured several re- The past few years have been very community. markable businesses in my home state. tough on the trucking industry. Barry I said to him: Well, why don’t you Their products are diverse and their Pottle, who runs the company, tells me just do it? Interest rates are low, so it histories vary greatly, but they share that 1,100 trucking companies around seems like a good time. Is the uncer- the traits of ingenuity, energy, and a the country have gone under so far this tainty about what is coming out of commitment to excellence. The em- year. His company is in the black right Washington keeping you from acting? ployees and the owners of these small now, but it is a real struggle to gen- He said: You know, Senator, it is not businesses work so hard. An example is erate the capital needed to keep his so much the uncertainty. It is the cer- D&G Machine Products of Westbrook. trucks on the road. Pottle’s needs to tainty, the certainty of higher taxes, of Its name and products may not be fa- buy 25 to 30 trucks every year just to more regulation, of having to pay more miliar to the general public, but it is maintain its fleet. New trucks used to for health insurance for my employees. internationally known and respected cost the company about $100,000, but in It is the certainty of more spending. throughout the pulp and paper, high the past few years, the cost has gone up That is what is discouraging me. technology, power, petrochemical, food by another $25,000. Barry tells me this So I hope we could come together processing, aerospace, and defense in- is due to an excise tax on heavy trucks right now, and before we go home pass dustries. Its precision design machin- passed in 2006 and new environmental a 2-year extension of the current tax

VerDate Mar 15 2010 22:04 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00017 Fmt 4637 Sfmt 0634 E:\RECORD10\RECFILES\S27SE0.REC S27SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7472 CONGRESSIONAL RECORD — SENATE September 27, 2010 law, to provide some certainty that we huge postal rate increases—is paying One option, which would entail clos- are not going to impose higher taxes on the full health care premiums for 835 of ing area and district offices that have the American people and our small its executives. less than the mean mail volume and businesses. The Postal Service is now paying 79 work hours, could save the Postal U.S. POSTAL SERVICE percent of health insurance contribu- Service more than $100 million annu- Mr. President, in my remaining time, tions for its rank-and-file employees, ally. I would like to speak today about the in comparison to 72 percent for the av- Another, more conservative, option future of the U.S. Postal Service. erage Federal employee. It is a little could save the Postal Service some The Postal Service is in the midst of hard for the Postal Service to make $33.6 million annually by closing dis- a dire financial crisis. The data are the case to its employees that it needs trict offices that are within 50 miles of grim. In the first three quarters of fis- to reduce health insurance if it is pay- one another. cal year 2010, the Postal Service posted ing 100 percent of the premiums for 835 Management at headquarters re- a net loss of $5.4 billion. By the end of of its top executives. If the Postal ported that last year’s consolidations this week, when the fiscal year ends, I Service brought its benefit contribu- went smoothly, with no negative im- expect that number may hit $7 billion tions in line with other Federal agen- pact on operations. That result clearly that the Postal Service will be in the cies, it could save more than $700 mil- shows that the Postal Service should red for this fiscal year alone. lion next year alone. continue its strategic efforts to con- Obviously, faced with this much red But that is not all. When Senator solidate. ink, the Postal Service needs to do ev- MCCASKILL and I requested that the IG After receiving the results of these erything possible to increase its rev- review the Postal Service’s contracting three IG investigations last week, I enue and reduce costs. Yet the Postal practices, the IG discovered unfair and wrote a letter to the Postmaster Gen- Service’s plan for regaining its fiscal unethical practices replete with no-bid eral, urging him to implement the in- footing relies too heavily on service contracts and examples of apparent spector general’s recommendations im- cutbacks, relief from funding its known cronyism. mediately. liabilities, and the hope that enormous The Postal Service’s contract man- In my letter, I emphasized that the rate increases will be approved. agement did not protect it from waste, IG reports had found concrete ways for I am a huge supporter of the Postal fraud, and abuse. Indeed, it left the the Postal Service to cut sizeable ex- Service, and I want it not only to sur- door wide open. The Postal Service penses. Reducing costs is a far better vive but to thrive. It is a vital Amer- could not even identify how many con- solution than reducing service and in- ican institution that serves our Nation tracts were awarded without competi- creasing rates remedies that run the and whose roots are found in our Con- tion. The inspector general found that risk of driving away even more cus- stitution. 35 percent of the no-bid contracts it did tomers. To help the Postal Service identify review lacked justification. As part of Additionally, the Postal Service additional areas for cost reductions, I its review, the IG discovered that more should increase cross-craft training asked the Postal Service inspector gen- than 2,700 contracts had been awarded and collaborate with high-volume cus- eral to review three areas: the benefits to former postal employees since 1991. tomers to increase mail volume the Postal Service pays on behalf of its Of these contracts, 359 were awarded as through initiatives like the ‘‘Summer employees, the Postal Service’s con- no-bid contracts to former postal em- Sale.’’ tracting policies—which is an area ployees in the last 3 years. Seventeen It also should work with OMB and where Senator CLAIRE MCCASKILL, who of them were noncompetitive contracts OPM to access the more than $50 bil- has been a real leader in procurement to career executives within 1 year of lion which the Postal Regulatory Com- reform, joined with me—and, third, the their leaving the Postal Service. mission believes USPS has overpaid Postal Service’s area and district field Some former executives were brought into the Civil Service Retirement Sys- office structure to see if there were ef- back at nearly twice their former pay— tem fund. an outrageous practice the IG says ficiencies that could be realized there. I have been pressing the Office of I must say, I was both dismayed and raises serious ethical questions, hurts Personnel Management to change its outraged when I received the results of employee morale, and has tarnished method for calculating the Postal the IG’s audits. the Postal Service’s public image. The IG found stunning evidence of In one particularly egregious exam- Service payments into the CSRS pen- contract mismanagement, ethical ple, an executive received a $260,000 no- sion fund consistent with the 2006 Post- lapses, financial waste, and excessive bid contract just 2 months after retir- al reform law. The OPM, however, executive perks which, if remedied, ing. The purpose? To train his suc- stubbornly refuses to change its meth- could allow the Postal Service to real- cessor. odology or to even admit that the 2006 ize in excess of $800 million in savings The findings of these three investiga- Postal law permits them to do so. next year alone. That is at a minimum. tions show that the Postal Service I have continued to stress the impor- Let me give you some startling facts must get more serious about cost cut- tance of this change to both OPM and the IG found. For a long time, we have ting. Clearly, there are savings to be the administration. Clearly, the Postal known the Postal Service has been had. Service’s refund of a more than $50 bil- more generous in paying the health in- Faced with shrinking mail volume lion overpayment would greatly aid its surance and the life insurance pre- and a declining workforce, the Postal current financial condition. miums of its employees, most of whom Service understands the need to reduce In sum, the Postal Service must de- participate in the same health insur- unnecessary costs but its efforts have vote more energy and adapt a laser ance and life insurance programs as fallen short. focus to reducing costs, such as those Federal employees. For example, the Postal Service can identified in the recent IG reports. It But what we did not know until this realize structural efficiencies. Even also must develop customer-first pro- review was conducted is that the Post- after the Postal Service consolidated 1 grams that can enhance revenue, in- al Service pays 100 percent of the area office and 6 district offices last crease volume, and earn loyalty. health insurance premiums for 835 of year, the structure still includes 8 area The Postal Service is at a crossroads. its top executives, an expensive perk offices and 74 district offices, costing It must choose the correct path. It that no governmental agency appears approximately $1.5 billion during fiscal must take steps toward a bright future to provide. year 2009. that allows it to grow and thrive. It This costs the Postal Service an esti- To determine if additional effi- must reject the path of service reduc- mated $10 million annually. If the ciencies exist, the inspector general re- tions and ongoing postal rate hikes, Postal Service brought the contribu- viewed area and district offices, which which will only alienate customers. tion for these executives into line with handle administrative functions but do The Postal Service must reinvent federal agencies, it could save $2.8 mil- not actually handle any mail. In doing itself by embracing change that will re- lion per year on this change alone. so, the IG identified several options for vitalize its business model and enable It is unbelievable to me the Postal consolidating the area and district it to attract and keep customers. These Service—awash in debt and asking for field office structure. actions are within its reach and will

VerDate Mar 15 2010 22:04 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00018 Fmt 4637 Sfmt 0634 E:\RECORD10\RECFILES\S27SE0.REC S27SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 27, 2010 CONGRESSIONAL RECORD — SENATE S7473 help protect and preserve this vital gross domestic product, domestic clean There are many success stories about American institution. energy investment places us—the funding that was way oversubscribed. Thank you, Mr. President. United States—in the bottom half of The government received $10 billion in The PRESIDING OFFICER. The Sen- the G20 countries. If the trend con- applications for the $2.3 billion in tax ator from New Mexico. tinues, we will fall further behind. credits that were available under the Mr. BINGAMAN. Mr. President, I Over the next 5 years, government in- Recovery Act. In December I joined wish to speak on the legislation that is vestment by China and Japan and with Senators HATCH, STABENOW, and pending, the Creating American Jobs South Korea is expected to outstrip LUGAR in filing the American Clean and Ending Offshoring Act, but also U.S. Government investment by 3 to 1. Technology Manufacturing Leadership more generally on the issue of the loss This public investment will drive tril- Act. That bill would add another $2.5 of jobs, particularly in the energy sec- lions in private sector investment billion in tax credit allocation author- tor, as we go forward. within those same countries. ity. President Obama has called for $5 When BP Solar closed its Frederick, With global clean energy investments billion in additional funds to be made MD, plant earlier this year, 320 Ameri- expected to reach $2.3 trillion by 2020, available this way. cans saw their jobs sent overseas to we cannot afford to delay measures The third of the initiatives I wish to China and India. Bloomberg said the that will ensure U.S. leadership in this focus on today is the need to address fi- announcement ‘‘signal[ed the] exodus area. We must look to create jobs nancing challenges that companies of US renewable-energy jobs,’’ which it across the clean energy value chain— face in establishing onshore clean en- obviously did. In fact, BP Solar’s move from engineering to installation to ergy manufacturing facilities. Five followed General Electric’s closing of sales. In particular, we must focus on years ago, Congress created a loan its Newark, DE, solar panel plant, Ev- manufacturing jobs, because failing to guarantee program at the Department ergreen Solar’s shifting of hundreds of grow a domestic clean tech manufac- of Energy. But from its start, the pro- jobs from Danvers, MA, to China, and turing base will result in trading our gram has faced bureaucratic delays. So Gamesa’s shutting down of its wind imported oil dependency for an im- far, there are only 14 loan guarantees turbine factory in western Pennsyl- ported clean energy component depend- that have been issued, all of them in vania. ency. In fact, we are already seeing the past 14 months and 10 within the Given the broad enthusiasm for cre- how shortages in renewable energy last year. The Recovery Act promised ating clean energy jobs, few seem to components and systems have slowed to add $6 billion to the program which notice this alarming trend. But we can- domestic renewable energy production. would leverage about $60 billion in new not afford to sit idly by as clean energy As we have begun to see, offshoring loans for clean energy projects. Unfor- jobs steadily and stealthily move over- manufacturing is quickly followed by tunately, this Congress has seen fit to seas. So as we debate this Creating offshoring of research and development treat this funding as a piggybank and American Jobs and Ending Offshoring capacity. withdrew $3.5 billion as offsets for un- Act—which the majority leader is try- To grow our manufacturing base, related purposes. We need to restore ing to bring forward for Senate consid- Congress needs to take decisive action that funding. eration, and which I support—I rise to this year to enact, at a minimum, the We need to restore it as well as retool call on the Senate, also, in addition, to three commonsense, bipartisan meas- the loan guarantee program. The En- pass three commonsense, bipartisan ures I alluded to before. First, we must ergy Committee, which I chair, re- measures that will enable the United send the appropriate market signal by ported a bill that would create a robust States to retain existing clean energy enacting the renewable energy stand- successor to that program called the jobs and capture millions of new ones ard I have introduced along with Sen- Clean Energy Deployment Administra- that the burgeoning global demand for ator BROWNBACK. Expanding demand tion, or CEDA, and I urge the Congress clean energy will soon create. for clean energy is essential to raising to enact that legislation as well. To begin, let me dispel the myth that demand for domestically produced Alongside these three measures to re- the United States cannot lead in pro- goods. For instance, every gigawatt of tain and create clean energy manufac- ducing clean energy technology. In installed wind capacity—that is rough- turing jobs, we also need to pass two fact, we once were the leader. As re- ly enough to power all the homes in important additional bipartisan pack- cently as 1997, we had a ‘‘green trade’’ Atlanta—is estimated to create 4,300 ages. The Energy Committee has surplus of $14.4 billion. By 2008, that jobs, more than three-fourths in manu- unanimously supported a bill to ad- surplus had become a deficit of nearly facturing. European firms that now dress the largest oilspill in our Na- $8.9 billion. The reversal was triggered dominate U.S. wind turbine sales devel- tion’s history. The American people largely by a steep fall-off in domestic oped technical and marketing expertise are waiting for us to enact it. We renewable energy technology manufac- by serving their own home markets should do so as soon as possible. The turing. For instance, only a decade first. Expanding domestic demand will Tax Code is an increasingly important ago, U.S. solar cell manufacturers con- enable American firms to catch up. mechanism for delivering clean energy trolled 30 percent of the world market. As I indicated, Senator BROWNBACK incentives. In fact, more than three in By 2008, that had been reduced to 6 per- and I have introduced this legislation five Federal dollars spent on energy are cent. Meanwhile, Chinese production and we hope very much that in the delivered through tax provisions. has grown from nonexistent in 1999 to short session of the Congress after the I will return to the floor later this 32 percent of the world total in 2008. election, that can be brought up and week to discuss a bipartisan package of Similarly, European manufacturers dealt with in a positive way. incentives for clean, renewable energy now account for more than 85 percent But a demand-side strategy for clean and energy efficiency and I hope that of the global wind component market. energy cannot suffice. We also need to package will receive priority attention Today, only 1 of the top 10 manufactur- focus on the supply side to ensure that by the Congress before it adjourns as ers is an American firm. policies spurring clean energy demand well. What happened to bring about these will not only be filled by imports from Some have said the United States changes? Simply put, other countries overseas. So the second call is to ex- cannot regain its footing in the clean enacted policies to attract investment, pand the Advanced Energy Project, or energy manufacturing arena. Those both ‘‘push’’ incentives such as tax in- section 48C tax credit that we created who doubt the potential of this sector centives and direct subsidies to attract as part of the Recovery Act. That cred- think that clean energy jobs can flow manufacturers, and ‘‘pull’’ incentives it allows qualifying companies to claim only to low-wage countries such as to create domestic demand. As a result a credit for up to 30 percent of the cost China. We need only look at what has of the incentives they enacted, China of creating, expanding, or reequipping happened in Germany where employ- displaced the United States last year facilities to manufacture clean energy ment in the clean energy industry is as the world’s leading destination for technologies. The Recovery Act au- second only to the nation’s strong clean energy investment. Its total in- thorized the Departments of Energy automotive industry. vestment was nearly twice that of the and the Treasury to award $2.3 billion We are deservedly proud of our Na- United States. Measured as a share of in tax credits. tion’s tradition as a leader in research

VerDate Mar 15 2010 22:04 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00019 Fmt 4637 Sfmt 0634 E:\RECORD10\RECFILES\S27SE0.REC S27SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7474 CONGRESSIONAL RECORD — SENATE September 27, 2010 and development, in innovation, and in First, the bill would end subsidies for I also commend the Senator from Ohio, venture-backed investing. With the plant closing costs. That is right. SHERROD BROWN, who also is a tremen- right policies, we can guarantee that There are subsidies if you close a plant. dous champion of the focus and atten- clean technology investment will come It would prohibit a firm from taking tion to try to do everything we can to our shores. Let’s enact the job-cre- any deduction, loss, or credit for costs possibly do to keep our jobs here. Ohio ating legislation pending in the Senate associated with reducing or ending the has especially been hard hit. If we look today and then move swiftly to enact operation of a trade or business in the at all of the statistics, Ohio has been legislation creating a renewable elec- United States and starting or expand- especially hard hit over the last dec- tricity standard and a Clean Energy ing a similar trade or business over- ade, during the last 8 years of the Bush Employment Administration, and ex- seas. Let me note that the bill would administration, from all of the jobs panding the section 48C credit. not apply to any severance payments that left Ohio and were shipped over- Mr. President, I yield the floor. or costs associated with placement seas. The PRESIDING OFFICER. The Sen- services or employee retraining pro- Let me give an example of the de- ator from Iowa. vided to those who lose their jobs as a struction that is caused by this. Al- Mr. HARKIN. Mr. President, this is result of the offshoring. most exactly 1 year ago, workers at the what we are here to talk about once Secondly, the bill would end the tax Cummins Filtration plant in Lake again: making it in America. breaks for runaway plants, for compa- Mills, IA, a small community, were On Friday, the Department of Labor nies that reduce or close a trade or gathered together on the shop floor. made available more than $500,000 to business in the United States and start Company officials, surrounded by a assist 183 Iowans laid off from the or expand a similar business overseas phalanx of security officials, an- ThermoFisher Scientific plant in Du- for the purpose of importing their prod- nounced that some 400 jobs would be buque. All of the workers were certified ucts back into the United States. moved to Cummins manufacturing as eligible for trade adjustment assist- Under current law, U.S. companies can plants in Mexico. ance. This grant was designed to help defer paying U.S. tax on income earned This announcement came out of the unemployed Iowans as they attempt to by their foreign companies or subsidi- blue. The employees immediately went find new work in an economy that is aries until that income is brought back into mourning, trying to make sense of already desperately short of new jobs. to the United States. This is known as their new status—victims of the out- I am certainly grateful for the tem- deferral. Deferral has the effect of put- sourcing of their jobs to Mexico. Thir- porary assistance from the Federal ting these firms at a competitive ad- ty-five married couples worked at the Government, as I am sure are the un- vantage over U.S. firms that have plant. So many families lost two jobs employed workers and their families. stayed here and that hire U.S. workers in one fell swoop. In one case, the cou- But what is wrong with this picture? to make products in the United States. ple had worked at Cummins for 30 Once again, we find ourselves lending Imagine that. So you take your com- years. As one plant employee said: modest assistance to American work- pany and ship it overseas. All of the This is going to be terrible for people, ter- ers whose jobs have been eliminated— money that plant makes over there, rible for this town. It’s going to hurt every- whose economic security has been de- you don’t have to pay taxes on it. You body, the gas station, the grocery store. stroyed—because U.S. manufacturing keep your money there and keep ex- Mr. President, this is the kind of per- is being shipped overseas. I would note panding your plant, or make another sonal tragedy and devastation that we that manufacturing jobs, which are plant in another country that is low are seeing in thousands of towns all generally high paying, have been par- wage and has low environmental over- across America as companies lay off ticularly hard hit in this economic sight. employees and/or shut down operations downturn. What an advantage they have over and move overseas. In my State of Iowa, there has been a good companies, good businesses in Since 2001, some 42,000 American fac- steady, relentless drumbeat of layoffs America that want to stay here. So we tories have closed their doors. Roughly and plant closings as companies from have to close that loophole. three-fourths of those employed over Electrolux to Cummins shut down The third loophole we have to close is 500 people. Not 42,000 jobs, Mr. Presi- their plants and move to other coun- the encouragement businesses get right dent, but 42,000 American factories tries—including Mexico and China and now to create jobs that go overseas. We closed their doors since 2001. other countries—that offer low wages, have to create incentives for businesses The manufacturing sector lost 1.3 lower workplace safety standards, and that expand here. This bill would pro- million workers in 2009 alone, con- only minimal environmental oversight. vide businesses with a 2-year break tinuing the disturbing loss of more This is happening despite the fact that from paying the equivalent of the em- than 5 million U.S. manufacturing jobs American workers, while paid more, ployer’s share of Social Security pay- from 2001 to 2009. That is right, 5 mil- tend to be far more efficient and pro- roll tax on wages paid to new U.S. em- lion manufacturing jobs lost. ductive. ployees performing services in the It is bad enough this is happening, Adding insult to injury, these newly United States that used to be per- but what is absolutely intolerable is unemployed American workers must formed overseas. In other words, if that our Tax Code actually encourages reckon with the fact that the United they have a plant and a business here companies to kill these U.S. jobs and States Tax Code actually rewards com- and can bring jobs back to the United take their operations overseas. panies for sending their jobs overseas. States, guess what. For 2 years, they Senator DORGAN, many times, has That is right. Most Americans don’t get a tax break; they don’t have to pay cited the example of Levi jeans and know this, but the Tax Code actually the employer’s share of the payroll tax. Huffy bicycles. incentivizes companies that shut down We will pick it up—the Federal Govern- What can be more American than operations and kill jobs in the United ment, the taxpayers—because those Levi? They moved their production to States. jobs will come back here; people will be Mexico and to other parts of the world. This betrayal of American workers is hired; and they will be paying into this They don’t make any Levis here any- outrageous on its face. And with the of- economy. more. They contract with foreign com- ficial unemployment rate stuck near 10 Mr. President, I salute the Senator panies who make Levis for the Levi percent—that is the official rate; the from Illinois, Senator DURBIN, for in- Company. actual rate is closer to 18 percent—it is troducing this bill. I also salute the As Senator DORGAN said about Huffy simply intolerable. senior Senator from North Dakota, bicycles in Ohio—Senator BROWN’s That is why I have come to the floor Senator DORGAN, who has been such an home State—workers there made $11 to speak in strong support of the Cre- outspoken champion of American man- an hour making those bicycles. But ating American Jobs and Ending ufacturing. He has fought long and they got fired, laid off, and Huffy bikes Offshoring Act of 2010. This bill would hard to end the provisions in the Tax are now made in China at 30 cents an take three urgent steps to reduce and Code that have the perverse effect of hour. The Huffy Corporation reaped begin to reverse the bleeding of jobs actually encouraging and rewarding millions of dollars in tax breaks as a from America. U.S. companies that ship jobs overseas. result of this offshoring.

VerDate Mar 15 2010 22:04 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00020 Fmt 4637 Sfmt 0634 E:\RECORD10\RECFILES\S27SE0.REC S27SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 27, 2010 CONGRESSIONAL RECORD — SENATE S7475 Then, as this chart shows, is Fruit of China, making the same product, can Back in August, when I was going the Loom, another signature U.S. com- defer those taxes, as long as they don’t across the State, I did 14 townhall pany that has outsourced many thou- bring the money back here. meetings, open events, where anybody sands of jobs over the last decade. The You might say, as long as they don’t could show up and offer their thoughts. company has closed plants in Ken- bring the money back here, why should What I heard over and over is that peo- tucky, Mississippi, Louisiana, Texas, they not get a deferral? Because they ple are just exhausted, sick and tired of and elsewhere, and shipped those jobs take those profits and expand oper- the games and the election year poli- to Asia, the Caribbean, and Morocco, ations in that country or other coun- ticking that is going on, when we and the U.S. Tax Code has handsomely tries, further putting at a disadvantage should be working to deal with the rewarded Fruit of the Loom for doing the good companies that stay in Amer- problems this country faces. so. ica. We ought to end that loophole. You see, the people don’t care who is Mr. President, these are the Fruit of Third, this bill provides actual incen- scoring political points. They care the Loom guys on the chart, which tives for companies to repatriate jobs about their jobs, they care about find- shows them leaving for Mexico, and into this country—bring jobs back into ing a job if they have lost their job, they took 3,200 U.S. jobs with them. this country. They get a 2-year break and they care about keeping food on It is time to end this outrage, with from paying their company’s share of the family’s table. For all too many the U.S. Tax Code actually encour- Social Security taxes. That is a good people in this country, they care about aging companies to lay off employees tax break for companies coming back the fact that the job they once had and ship operations overseas, even as into America. may never come back. They want ac- we struggle to recover from the worst For those three reasons, I don’t see tion. In fact, they are crying out for economic downturn since the Great De- how anybody can argue with us. I am action. pression. not here to say we have to stop every They want thoughtful approaches to The way to grow our economy and plant and put laws into effect to stop our Nation’s problems—not populist drive our recovery is to create jobs in them from going overseas. That is not rhetoric devoid of any real solutions or America and remove policies that en- what I am saying. I am saying don’t a serious attempt to find solutions. courage companies to ship American have the Federal Government subsidize We find ourselves on the floor of the jobs overseas. We built the middle class that. That is what we are doing with Senate this week debating a bill that by building things in America. We can our trade laws. I am not going to get has been labeled a jobs bill. Let me do it again by giving companies incen- into that now. That is for another de- point out that there have been no hear- tives to bring jobs back to America and bate maybe later this year or next year ings. There has been no debate on the create new ones here as well. about redoing our trade laws and what proposal currently before the Senate. I encourage and urge my colleagues we are doing in the WTO. There has been no give-and-take in the Why does China get away with under- to support the Creating Jobs and End- hearings process to try to figure out if valuing their currency, which makes ing Offshoring Act of 2010. there is a way to come up with an ap- their imports into this country cheap- I assume our time has expired. proach that would make sense to cre- er, and we do nothing about it? At least The PRESIDING OFFICER. There is ate a jobs bill. None of that has hap- Japan did something—raised tariffs to 71⁄2 minutes remaining. pened. equalize the difference between what Mr. HARKIN. Mr. President, I will You see, what this bill tries to do is the currency could be worth on the take a couple more minutes. seek to punish U.S. companies that do open market. That is what we ought to First of all, I don’t know how any- business overseas under the very mis- look at in this country. China should body can argue with this bill. It just guided assumption that doing so will not be allowed to get by with this un- says, one, we are going to end subsidies somehow result in economic growth for plant closing costs. In other words, dercutting of their currency just to make their exports to this country and job creation at home. right now, a company could close a This bill would not create jobs. What cheaper because it is taking more plant here and move it overseas. All of it will do is hurt U.S. companies that the costs of closing down that plant American jobs away. Again, that is not part of this bill. do operate globally. Let’s take a look and ending that operation would take a That is a discussion we need to have, at exactly what is in this bill and set deduction—or they could take losses or and we need to have it soon in order to, aside the rhetoric. credit against taxes for the cost of again, have us take a more or a strong- The first part is a payroll tax holi- closing that down. If they shipped it er position in world trade than we have day. I want to be the first to admit overseas—if a plant goes belly up, and been taking in the last couple of dec- that I supported the payroll tax holi- they can’t make it anymore, or what- ades. day when the Senator from Arizona, ever they have made is not being pur- With that, I yield the floor. Mr. MCCAIN, offered it during the stim- chased anymore, that is one thing. I The PRESIDING OFFICER. The Sen- ulus debate. It is so amazing because can see providing for credits and losses ator from Nebraska is recognized. when that was offered by Senator and deductions for that. But if they are Mr. JOHANNS. Mr. President, I rise MCCAIN, our friends on the other side closing it down and starting or expand- today to discuss what I consider to be of the aisle wanted no part of the idea ing a similar trade or business over- a rather disturbing trend on the floor whatsoever. Instead, what they wanted seas, they should not get any tax bene- of the Senate. I am observing more and was to shove tens and tens of billions fits whatsoever. That is what this bill more the majority bringing legislation of dollars into government spending, does; it ends that loophole. to the floor for political reasons, know- leaving businesses essentially out of It ends the tax break for runaway ing it doesn’t have enough votes to the stimulus equation entirely. plants when they expand their busi- pass. Now we are seeing an eleventh hour, nesses overseas. Why should we allow Rather than working to address our last-ditch effort that ties strings and companies that, as I say, are not good economic woes in any kind of meaning- redtape to tax relief for businesses. citizens—they take their plant over- ful way, we instead find ourselves vot- Yet this proposed payroll tax holiday seas and the money they make over ing on what I would describe as ballot is different from Senator MCCAIN’s. there—first of all, they don’t have the box topics designed to gain favor with Senator MCCAIN, appropriately so, said: same environmental protections. They select groups just weeks before the No- If we are going to get this Nation’s have terrible working conditions and vember elections. economy going again, we need to in- low wages. But they take all those Is it any wonder that the American clude all employees in an attempt to profits—and a company that is here people continue to give Congress such a bring money to the economy, back to making the same products in America dreadfully low approval rating? Is it the workers’ wallets, where they could pays workers more, pays into Social any wonder that the people of this better spend or better decide how to Security, pays higher taxes, has envi- country look at what is going on and spend those dollars. ronmental concerns to deal with—but have come to the conclusion that the What we have here is just a narrow this plant in America has to pay taxes problems they are facing every day are element—only for those businesses on their earnings. The company over in not being solved? that replace a foreign worker with an

VerDate Mar 15 2010 22:04 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00021 Fmt 4637 Sfmt 0634 E:\RECORD10\RECFILES\S27SE0.REC S27SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7476 CONGRESSIONAL RECORD — SENATE September 27, 2010 American worker. How many jobs will their foreign counterparts when the was made to take up such a flawed that really create? When faced with a foreign companies have such a lower piece of legislation. Yet what is going tsunami of uncertainties, ranging from tax burden, when their countries say: to happen is this messaging attempt increased taxes to a hostile business Look, we want these companies to be will take up our time. We will recess attitude in this administration—a successful and have kept the tax bur- until after the elections, and we will downright antibusiness attitude—will a den low. How do our companies com- miss the opportunity to take an impor- business really choose to hire because pete with that? The simple answer is, tant vote on what is headed to be the of this 24-month supposed tax holiday? they cannot. If we really want to spur largest tax increase in our Nation’s There are some business groups out job creation, we would be lowering our history. A vote on preventing the there that have answered that question corporate rate, not trying to punish looming tax increases would have given for us. Let me quote from the chamber our multinational firms that are trying individuals and some businesses some of commerce. They said this: to compete in the international mar- certainty about the future. We cannot The concept of economic growth is not a ketplace. expect any meaningful economic recov- zero-sum game. Replacing a job that is based Once again, do not believe me. Go to ery to occur until businesses are pro- in another country with a domestic job does people who are in the midst of this. vided with some certainty about what not stimulate economic growth or enhance The National Association of Manufac- is happening in Washington. the competitiveness of American worldwide turers said of the bill: Every day, I get calls from constitu- companies. Manufacturers are concerned that the ents. Every time I am home in Ne- At a time when we have a 9.6-percent bill’s proposed tax increases would impose braska, people are saying: MIKE, please unemployment rate and an under- new costs on American manufacturers, mak- tell me what is going to happen on employment rate in the double digits, ing them less competitive in the global mar- these tax issues. Tell me what to ex- do we really want to enact legislation ketplace and jeopardizing U.S. job creation. pect on January 1. that will set back job creators and Let me repeat the last piece of that: I can tell you that it is no consola- threaten our ability to compete in this ‘‘. . . making them less competitive in tion to them for me to say: We are de- world? Why does it leave out mom-and- the global marketplace and jeopard- bating a bill that everybody knows is pop, Main Street businesses? Why are izing U.S. job creation.’’ This is not a not going to pass. That is how we are they left out in the cold? Even if these jobs bill at all. It is a political punish- using our time between now and a re- small businesses wanted to hire to get ment bill. cess that will extend well into Novem- a 2-year payroll tax holiday, they could Once again, the majority has sought ber. not because they do not have any for- to villainize a piece of our economy It does not make any sense whatso- eign employees. How absurd. The pay- hoping that somehow by villainizing ever. No tax credit will prevent the pu- roll tax holiday before us today is de- them, it improves their chances. First, nitive measures that are headed toward signed to only help the biggest of the it was the credit card companies. Then our population. Again, do not take my big multinational conglomerates. Talk it was the student loan makers. Next it word. The National Federation of Inde- about standing up for the little guy. was the insurance providers, the en- pendent Business has described it this Are you kidding me? It tells Joe’s Ga- ergy companies. And the list goes on way: rage or Smith’s Tool Shop: You are and on. Unfortunately, this time they Uncertainty about the economy and loom- just simply out of luck. Considering are trying to villainize companies that ing tax hikes has kept this sector from hir- the fact that 65 percent of all new jobs are trying to compete in an inter- ing new workers, resulting in a weak eco- are created by those small businesses— national economy. nomic recovery and slow to nonexistent job businesses such as those on Main But this bill also misses a very key growth. Street in Nebraska—excluding them point. A big part of the reason compa- The NFIB went on to say: from hiring tax incentives simply de- nies are not hiring is because of the vi- Congress can take an important step to ad- fies any rational logic whatsoever. But cious onslaught of bad policy Wash- dress the uncertainty by holding a vote and that is, unfortunately, what this legis- ington is throwing at them. I talk with passing legislation extending all of the expir- lation does. businesses in our State. They are para- ing tax rates. No small business owner Let’s keep examining the so-called lyzed with fear over what Washington should face higher taxes. jobs bill. will do next. I could not agree more. The next part of the legislation is a Let me share a story. I had a business As I go across my State—and I doubt provision that would immediately tax roundtable in an area of Nebraska, it is any different in any other State— the earnings of foreign subsidiaries. In Sarpy County, NE. A group of small Americans are struggling to meet this other words, the legislation would re- businesspeople were sitting there. I was month’s payroll. They do not need leg- peal the so-called deferral rule. Cur- asking them: What can be done to help islation designed only to gain political rently, firms are able to defer taxation your businesses grow so you can hire points at the polls. They want us to on their foreign-generated income people? come here, to have a debate about what until it is brought back to the United There was one lady there, and she is going to happen on January 1 of next States. At a time of sluggish economic said: MIKE, I have a business franchise year, and that is the largest tax in- growth, enacting policies that will in both Lincoln and Omaha. Our busi- crease in our Nation’s history. These threaten U.S. business is downright un- ness in Omaha actually is not too bad. good people deserve real solutions, not wise, and it is reckless economic pol- But I have looked at this health care populous slogans meant to fool the icy. Repealing the deferral rule will bill. I have gathered information on electorate and somehow gain favor be- only further hurt the ability of U.S. this health care bill, and I have come tween now and November. companies to compete against other to the conclusion that if I grow my I know what is happening out there, companies around the world. business beyond 50 employees, which is and if we all think about it, what we The United States imposes a 35-per- right where I am today, I get tangled are seeing is the American people are cent corporate tax rate. That is al- up in this mess. I do not want anything not fooled. They simply will not be ready one of the highest in the world. to do with it, so I am not hiring. fooled. They know that this latest bill In fact, we are behind only Japan in That is what I am hearing all across supposedly meant to create jobs will how aggressively we tax our corporate our State. And this payroll tax holiday not do a darn thing to address their businesses. Only Japan has a higher for those who bring back workers to concerns—looming tax increases, tax rate. The average for the other G7 the United States is not enough com- mounds of new regulations, and new countries is just under 29 percent, pensation for all of the other looming 1099 paperwork mandates. while the group of industrialized na- tax increases businesses are facing. It If I were going to design the perfect tions that make up OECD average only is not going to offset the problems that strategy for economic growth in our 19.5 percent. Let me say again that we have been created by this onslaught of country, here is what I would say the are at 35 percent. We are punishing the higher taxes and regulation. people of Nebraska are telling me. job creators already. How can we ex- I am so disappointed that in these They are saying: Extend all of the 2001 pect these companies to compete with last days before we recess, a decision and 2003 tax reductions. Why? Because

VerDate Mar 15 2010 22:04 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00022 Fmt 4637 Sfmt 0634 E:\RECORD10\RECFILES\S27SE0.REC S27SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 27, 2010 CONGRESSIONAL RECORD — SENATE S7477 that is what makes the most sense for business creation literally to the ex- So enforcing our trade laws, stopping our economy. They see this massive tent where a job creator says to me: I currency manipulation, stopping coun- tax increase out there, and they are can’t grow this business beyond 50 em- tries from stealing our patents, from asking themselves: How could you let ployees because of what you have done artificially blocking us from going in that happen in these economic times? to us in this health care bill. and selling to them, this is very impor- Second, they would say: Repeal the It is a remarkable day in our Na- tant. But we also know there are poli- 1099 mandate. We had a vote on that tion’s history when the people of this cies in place that have put the wrong issue recently, as you know, Mr. Presi- great Nation are asking their elected incentives in place—the wrong incen- dent, on an amendment I offered. In representatives to come back here and tives. That is what the bill we will be that health care bill buried at section fight against their government, but voting on tomorrow will eliminate. We 9006 is a provision that says to every that is exactly what is happening. have two areas where we want to take small business, every large business, They are asking us to stand for them away incentives right now to shift jobs every medium-sized business in Amer- and to say to what is going on here: overseas and we want to put in place ica: Thou shalt do it this way, and this Enough is enough. We have punished an incentive to bring back jobs—three way is that if at any time during the the American people with endless regu- provisions in our bill. year you buy more than $600 from any lations and with endless tax increases. There is an incentive to create Amer- vendor, you have to produce and pro- At the end of this week, every Member ican jobs by allowing a company that, vide to that vendor a 1099 form and pro- of this body will be forced to go home after the passage of the bill, brings vide a copy to the Internal Revenue and say: In a week where we could have back a job—hopefully a lot of jobs—to Service. It doesn’t stop there. It also made a difference and given you cer- the United States sometime in the next applies to churches, to nonprofits, to tainty and extended the 2001–2003 tax 3 years. They would get a holiday of State and local governments. It is an cuts, it wasn’t done. Instead—instead— the payroll tax for 2 years, for 24 absolute wave of new paperwork. One during this time, politics was played months, if they are bringing jobs back business group estimates it would in- and nothing happened; just like we and it is clear that job was coming crease paperwork by 2,000 percent. know today that politics is being back from overseas. If they are stop- What have I heard from my businesses played. ping a job overseas, creating a job here, in Nebraska, especially our small busi- I think it is an unfortunate situation. we want to create an incentive. nesses? They are saying: At a time I think we can do better for the Amer- We also want to take away those when we need your help, what you are ican people than what is being dis- things that have encouraged jobs being doing to us is burying us in paperwork, played. shipped overseas. The second provision and we don’t have the employees to With that, I yield the floor, and I would deny business deductions of any deal with this. suggest the absence of a quorum. costs associated with moving jobs over- This is a crisis that is hitting our job The PRESIDING OFFICER. The seas. creators, and I am extremely dis- clerk will call the roll. The third provision would end cor- appointed with where we are today. We The bill clerk proceeded to call the porate tax deferral of overseas income. are literally not advancing the cause of roll. Why in the world American tax- creating jobs in this country. We are Ms. STABENOW. Mr. President, I ask payers would want to subsidize essen- taking a course of action, instead, that unanimous consent that the order for tially shipping jobs overseas through is all about populism, that is all about the quorum call be rescinded. our Tax Code is beyond me. That is gaining favor between now and Novem- The ACTING PRESIDENT pro tem- what we want to change. Someone ber. pore. Without objection, it is so or- should not be writing off the costs of But I will say again: The American dered. moving the jobs overseas and setting people have figured this out. They get Ms. STABENOW. Mr. President, this up shop somewhere else. This legisla- it, they understand it, and they are evening, we will be discussing—debat- tion would take away that tax deduc- watching us very closely. The bill we ing—a very important principle; that tion, that business deduction for writ- are debating is nothing more than an is, whether we are going to focus on ing off those costs you use to ship jobs election year stunt, when we could be making things in America and whether overseas. acting to prevent the largest tax in- we are going to stop the incentives I have seen the devastation in com- crease in our Nation’s history. that ship our jobs overseas. This debate munities around Michigan from efforts In those 14 townhall meetings, as I is about our efforts, through a bill we where a business will close up shop and traveled from the largest community will be voting on tomorrow, to stop will take jobs overseas. In many cases in our State—the city of Omaha—to shipping our jobs overseas. That is it is over the river to Canada or down some of the smallest communities in what this is about. to Mexico. I remember Electrolux, in our State—Benkelman, in the very We know we are in a global economy. Greenville, MI—it was 2,700 jobs in a southwestern part of our State—I We understand we need to do business community of 8,000 people—making re- heard a common message. People want- around the world, but we want to ex- frigerators. They were productive, ed me to come back to Washington and port our products, not our jobs. Right doing a great job. There was a second fight for them against whom? Against now, we are exporting too many of our shift, in some cases a third shift. But a Washington government that they jobs. Frankly, there has been no State they decided a few years ago to close think has lost touch with their real that has been hurt more from this set up shop, 2,700 jobs lost, and they went problems, their real concerns. They of policies as well as inactions than my to Mexico—where they could pay $1.50 wanted me to come back and speak on home State of Michigan. No State has an hour, by the way. their behalf about what Washington been hurt more. We have a Tax Code that would allow politicians are doing to their busi- For too long, we have not been en- Electrolux to write off the business ex- nesses, to the job creation which this forcing our trade laws. We allow China penses to take those 2,700 jobs down to country depends upon, and to their to manipulate their currency so they Mexico. This legislation stops that. It pocketbooks. They asked me to come can bring products into our country at would provide incentives for bringing back and speak on their behalf because a cheaper price artificially, which is jobs back. they see this tsunami of legislation against WTO. It is against the law. But We cannot have an economy unless that has come their way and they do they have been allowed to do that. I am we are making things. That is the sec- not like any part of it. very pleased the House is going to be ond part of what we are doing. We want It is no surprise to me whatsoever taking action this week to address to stop jobs being shipped overseas, but that what we are seeing out there are that. A number of us, Senator SCHUMER we want to make it in America. We people who are sick and tired of what is and I, Senator LINDSEY GRAHAM and a want to make things in America again. going on here. They are sick and tired number of others, have legislation to We do not have an economy, no coun- of a health care bill that is raising do that, and we will be addressing that try has an economy, unless we make their premiums, forcing them into in- as we move forward in the Congress the things and grow things and add value dividual mandates, and complicating rest of the year to get that done. to them. I am very proud to say in

VerDate Mar 15 2010 22:04 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00023 Fmt 4637 Sfmt 0634 E:\RECORD10\RECFILES\S27SE0.REC S27SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7478 CONGRESSIONAL RECORD — SENATE September 27, 2010 Michigan that is what we do: We make we see what has happened, where we We want to stop shipping jobs overseas. things, we grow things, we add value to have seen the pressures coming in an We want to make it in America again. things. If we focus on making things in international marketplace with other The ACTING PRESIDENT pro tem- America again, we will not only bring countries rushing to have a manufac- pore. The Senator from California is jobs back, we will bring the middle turing policy—China, Korea, India, recognized. class back because, as we have learned Germany, of course Japan—rushing to Mrs. BOXER. Mr. President, I want painfully, after seeing the last decade a have a manufacturing economy and to thank Senator STABENOW for her focusing on cheap prices but not where doing whatever they can, cutting cor- leadership on this and so many issues things are made, that if we do not have ners, not following the law, stealing relating to jobs—jobs here in America. manufacturing in this country and if patents, manipulating currency, and I had the opportunity to listen to a bit we are not focused on where things are putting up trade barriers. of the debate back and forth. I heard made, we will lose good-paying middle- We are in a marketplace where we some of my colleagues who were not in class jobs. We have lost many of them. have to fight for our businesses and our favor of this very important bill that In fact, from 2001 until 2009 we lost workers, to keep the opportunities to we hope to move tonight, to reward 4.7 million manufacturing jobs in make things here in America, not fold companies that produce jobs and create America. Nearly 27 percent of the jobs up and assume that your jobs are going jobs in America and take away the tax in manufacturing were lost during the to be lost and, in fact, incentivize that breaks from those who ship jobs over- last administration, from 2001 to 2009. by tax policy. seas and then try to import those prod- We want to turn that around. In fact, The legislation we have in front of us ucts back to America. We are saying we have been focused on turning that is one of the most important, funda- let us reward those who create the jobs around. We have been focused in a mental pieces of legislation that we here in America. That is as simple as it number of ways to grow manufac- have voted on this year, in terms of gets. turing, for example, in the Recovery jobs and turning the incentives around. I have heard my colleagues on the Act with the Advanced Manufacturing We want to make things in America other side say in a very convoluted way that when we give tax breaks to com- Tax Credit—48C it is dubbed—which and we want to stop shipping our jobs panies that ship jobs overseas, it actu- has brought a number of new busi- overseas. We want to incentivize com- ally winds up creating more jobs in nesses to Michigan and others around panies to bring jobs back by giving America. I wonder if they have met the country, focusing on other kinds of them a 2-year payroll holiday for jobs some of the people I met, who actually clean energy manufacturing, to make that are coming back from other coun- went to other countries to train their things in America. We have begun to tries and putting people to work. We replacements. They went to other see the manufacturing numbers go up— want to take away the ability to defer countries to train their replacements. taxes on profits made on businesses way too slowly, but one of the ways to We just passed a very important make sure it moves more quickly is if overseas and to use business deductions small business jobs bill. I saw the we close the incentives to ship the jobs from the American tax system to be President today sign it into law. It is overseas. If we close those incentives able to deduct from American taxes going to create jobs right here in for shipping jobs overseas and, instead, those costs that are being expended to America because, guess what, it is set- put the right kinds of incentives in ship jobs overseas. ting up a lending system, a deficit-neu- This is a time to be focused on fight- place, we will bring jobs back and we tral fund through our community ing for America, on fighting for good- will be able to partner with businesses banks. That $30 billion deficit neutral to be able to do that. paying jobs and for workers and for fund will be leveraged to $300 billion One example I was pleased to author businesses that have done the right and we will see a half million jobs cre- in the Energy bill passed a couple of thing. People who do nothing more ated through the small business com- years ago is a retooling loan program than get up and go to work in the munity. They need access to capital. to help automakers and others manu- morning are proud of their skills. We This is a good step. We cannot stop facturing to be able to retool older have the best, most skilled workforce, there. We have to do more. That is plants and to be able to bring jobs the best engineers. We create the inno- why, as we wind down before the elec- back. We have seen a wonderful case of vation in this country. But our tax tion, we are trying to say to our col- that with Ford Motor Company bring- policies encourage that to go overseas leagues: Please, all join together on the ing the Ford Focus production back to create jobs. That is what this legis- way out of this particular session. We from Mexico to a plant in Wayne, MI, lation is meant to address. This is will be back after the election. But on partnering with the Federal Govern- about fighting for America, fighting for the way out the door now, let’s do ment on the right kind of incentives to our American dream. It is about mak- something for the American workers, retool a plant—from a truck plant ing sure that our priority is to make for American families. down to an energy-efficient, fuel-effi- things in America again and to stop For too long the Tax Code has re- cient car plant. Those are the kinds of the policies that are shipping our jobs warded companies that ship jobs over- incentives we need to have in place, overseas. seas. It seems to me it is common not incentives that say if you ship jobs I see my colleague from California sense. You can make it complex. Some overseas you can write off the costs on here, who is such a champion on this of my colleagues have made it com- your taxes. issue, who has spoken out so many plex. But when somebody tells you We know the kinds of incentives that times on behalf of her State of Cali- something like this—it is com- can work. We have seen them work. We fornia. We share many things, actually, plicated—challenge them, because have to have a much more aggressive in terms of innovation. In fact, we talk most ideas are not complicated. People policy about making things in America about innovation oftentimes as created make them complicated. If you create and making sure that we are closing in California, that we are buying it and jobs here in America, guess what, we the loopholes that have stopped the ef- putting it in our automobiles as well as are going to give you a tax break. Not forts to take our jobs overseas. creating it ourselves in Michigan. We only that, we are going to give you a There is so much we need to do. I feel have a great partnership. tax holiday, for the workers that you a tremendous sense of urgency about You have more computer power in employ right here in America. We are this issue of making things in America your automobile than anything else not going to say if you move jobs over- because of my great State, where we you own and we are very proud of that, seas you get big tax break and big tax make not only automobiles, we make and we are proud of the partnership we writeoffs. It is pretty simple. That is appliances, we make medical equip- have—I am proud of the partnership it. People who oppose this, I believe, ment—you name it and somebody in with my friend from California, who is simply do not believe it is important to Michigan is probably making parts for such a fighter for her people and a create jobs here in America. I want to it. fighter for jobs. see the words ‘‘Made in America’’ We have created a whole generation I will relinquish the floor at this again. and a middle class because of our abil- time, but let me say this is very simple Manufacturing is an essential part of ity to make things in America. Then and the vote tomorrow is very simple. our economy. We have to do all we can

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But they State’s economy. in Pennsylvania and Oakdale, CA. look at me and say: Why would you re- But in recent years, manufacturing About 3,000 jobs were lost between the ward people who pack up, move out, businesses have left the United States two shutdowns. At the Oakdale plant, a and slash the American workforce? My and they have taken their production number of employees broke into tears answer is: I should not be doing that, lines to countries such as China, India, when they were told of the plant clo- and thank you for raising the subject Mexico, and hundreds of those of jobs sure. Said a worker who had been at with me. left my State. the plant for 26 years: That is why this legislation is so im- The number of U.S. companies with I was one of the ones who was expecting it, portant. It will end tax subsidies busi- foreign manufacturing affiliates in- but there were a lot of people in denial who nesses can receive for closing U.S. fac- creased 14 percent in the last 20 years, took it really hard. There were a lot of peo- tories and moving them overseas. Re- and it continues even during the reces- ple crying. It’s shocking. It is so fast. member, we are not talking about for- sion. I think it is important to make a So my colleagues are going to tell eign sales. So do not let anybody con- distinction between companies that you this is complicated. They are going fuse you on it. We are talking about sell abroad—all right, we want that— to tell you: Oh, but you ship these jobs manufacturing, production. We are and companies that close down manu- over here and we get more jobs here. talking about a company that produces facturing here and then manufacture Talk to those people—3,000 jobs. Talk a product here and decides to move abroad and then reimport those prod- to them. that operation abroad. They are en- ucts back to America. This is a quote from the executive di- couraged to do so by our Tax Code. That is what we are talking about. rector of the nonprofit California Com- Today, we are saying—and we hope We want our companies to get out mission for Jobs. He said the plant clo- we get support from our colleagues— there, make products here and sell sure ‘‘kind of tears at your heart let’s end those incentives and them abroad. I think that is very im- strings because it is such a piece of incentivize those who create jobs in portant, and I want to reward that. I do Americana.’’ America. The bill promotes job cre- not want to reward people who close There are so many examples in my ation here at home. It includes, as I down their manufacturing plants and State of companies shipping jobs over- said, a 2-year payroll tax holiday for open a new operation abroad, produce seas. Here is what they include: a med- U.S. companies that hire new Amer- their product, and then bring it back to ical device manufacturer that moved ican workers to replace foreign em- America. 1,200 jobs to Mexico; a speaker elec- ployees, creating incentives for compa- That is what we have been rewarding. tronics company in Chatsworth that nies to bring jobs back home and invest A Duke University study tells us the shut down its plant and moved to in America’s economy—in America’s number of companies with a corporate China; an aviation technology com- economy. offshoring strategy in place more than pany that closed its manufacturing fa- When people say: I am a jobs creator, doubled in the last 3 years. A lot of us cility in Hayward and moved jobs to I want them to mean, I am creating know Senator DORGAN has been a real China; a printer manufacturer in jobs in America, not in India, not in champion on this issue of ending tax Camarillo that is moving its produc- China, not in Malaysia but right here breaks for companies that shift jobs tion line to China, costing 400 jobs; an at home. I want to see those words overseas. I was proud to support his optical lens manufacturer that cut 700 ‘‘made in America’’ again. That is what measure to end those tax breaks at jobs in Petaluma and moved produc- this debate is about. I want to rebuild least four or five times. He has come to tion to Mexico. our manufacturing base, creating jobs the floor to tell the stories of American Here is the thing about our bill. What here at home by taking advantage of companies that have uprooted their we do is very smart. We have a carrot- American innovation to help lead us production lines in the United States, and-stick approach. These companies toward new technology, including relocated to foreign countries, only to moved American jobs overseas. They clean energy technology. resell their products made by foreign were eligible for tax breaks on their We know the world is going green. workers to American customers, while way out of town, and they are selling Everyone in the world wants clean en- receiving a tax break for doing that. American products back to us, back to ergy. We need to create those right What is so important about these American consumers, that used to be here in America—right here in Amer- stories is, it is not just the job losses made by American workers. The Tax ica—and export those products to the associated with companies shipping Code, as it is now, gives tax breaks to world. I am very proud of my State of jobs overseas that hurts, it is that these companies. In so many ways it California. We have led the way when these companies have served as the encourages them, encourages them to it comes to creating clean energy jobs. center, the heart, of many of our com- move. Close your plant and moving it But we should be incentivizing those munities. When a bicycle manufacturer to China. Right now, the Tax Code companies and making sure they stay closed its last factory in Ohio, 1,000 gives you the ability to take tax deduc- in America, that they do not move Americans lost their jobs to foreign tions, tax credits, write off losses asso- their manufacturing abroad. workers who now build bicycles for ciated with closing your factory and That is why our legislation is so cru- American children to ride. So my col- moving it overseas. It is wrong. cial. The Pew Charitable Trust looked leagues on the other side can talk U.S. companies have taken great ad- at California through this recession. about how great that is for the work- vantage of this tax benefit, slashing You know what they found? That be- ers, but 1,000 Americans lost their jobs. workers, moving production abroad, cause of our clean energy laws in Cali- That is clear. and receiving billions in tax credit as a fornia, we have seen 10,000 new busi- On the day the company left town: result. It seems to me this must end, nesses and we have seen 125,000 new Nearly 1,000 union workers streamed from and we need to reward companies that jobs created and the words ‘‘made in a dark factory into the sun-drenched day. stay in America, that stay in Cali- America,’’ again, are on those tech- One worker, then another, then dozens and maybe hundreds removed their shoes. They fornia, that employ our American nologies. They are making the solar walked in their socks to their cars and workers. panels. They are installing them, and trucks and drove off the property for the last Earlier this year, we passed legisla- people are very excited about this. time. In their wake was a parking lot lit- tion to keep over 16,000 teachers in But if we incentivize companies to tered with rows of shoes set neatly on the as- California in the classroom, and we move overseas, we could lose that. We phalt. The message: Try filling these. paid for that bill by closing tax loop- want to be the innovators, the cre- When an appliance company an- holes for companies that ship jobs ators. We also want to be the pro- nounced it would leave Indiana for overseas. That was an important step. ducers. So it seems to me, if we proceed

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But if you choose to close shop and even for some that’d pay half of what I pre- In other words, the men and women send those jobs elsewhere, to China, to viously earned. What’s being done now for who are doing the kind of work our the millions of us without work? India, wherever, what we are saying is: country was built on, the kind of work You can do that, but we are not going The bill we are discussing today is that made America great in the first to give you a reward for it. not a silver bullet solution to our eco- place. It is as simple as that. I ask unani- nomic woes. But it will help answer We have before us a bill that makes mous consent that the Senate proceed JON’s question, a question that is on sure that work is done right here in to the immediate consideration of Cal- the minds of millions of Americans America, in our factories, in our office endar No. 578, S. 3816, a bill to amend right now. buildings and in our manufacturing First, it will create a payroll tax hol- the Internal Revenue Code of 1986 to plants. It is a good step towards not iday for businesses by eliminating the create American jobs and to prevent only rebuilding our domestic industry, employer share of the Social Security the offshoring of such jobs overseas; but towards putting more Americans payroll tax on wages paid to new U.S. that the bill be read three times, back to work, and I urge my colleagues employees. This will be available for 2 passed, and the motion to reconsider be to support it. years and applies to any new American laid upon the table; that any state- I yield the floor. worker who is hired to replace a for- ments be printed in the RECORD. The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem- eign employee. pore. The Senator from Kansas is rec- For far too long, we have seen our pore. Is there objection? ognized. homegrown jobs shipped overseas. It is Mr. ROBERTS. Mr. President, reserv- Mr. ROBERTS. Mr. President, it is time to level the playing field for ing the right to object. my understanding—and I am asking American workers, and the payroll tax The ACTING PRESIDENT pro tem- the Presiding Officer—that under rule holiday creates a market-based incen- pore. The Senator from Kansas. VI, No. 4, at 7 we are going to be pre- tive for that. It encourages companies Mr. ROBERTS. The distinguished sented with a live quorum call. Is that that might otherwise hire foreign em- Senator from California said that if we not correct? Is that the schedule for ployees to create jobs here at home—in choose to proceed, we will have a vote the Senate? I am asking to determine places like Northfield, MN, not tomorrow at 11:30 on this bill. I think how much time I have between now Mumbai, India. her actions are premature, so I do ob- and 7 o’clock. Second, this bill will close the tax ject. The ACTING PRESIDENT pro tem- loopholes that have put our workers at The ACTING PRESIDENT pro tem- pore. The Chair is under the impression a competitive disadvantage, a provi- pore. Objection is heard. that a live quorum call will be made at sion that will also encourage compa- The Senator from Minnesota is rec- 7. The Senator has 30 minutes. ognized. nies to bring jobs back to the U.S. Mr. ROBERTS. It says, for those who That is important, but I want to Ms. KLOBUCHAR. Mr. President, I take the time to be familiar with pro- point out that this bill is about more ask unanimous consent to speak for up ceedings of this distinguished body, than just job creation. It is about re- to 5 minutes. that: The ACTING PRESIDENT pro tem- building our economic foundation. It is pore. Without objection, it is so or- about reviving our manufacturing base Whenever upon such roll call it shall be ascertained that a quorum is not present, dered. and moving away from the mindset of the majority of the Senators present may di- Ms. KLOBUCHAR. I have come to the the last decade, a mindset that glori- rect the Sergeant at Arms to request, and, floor today in support of the Creating fied debt, consumption and the empty when necessary, to compel the attendance of American Jobs and Ending Offshoring churn of money. the absent Senators, which order shall be de- Act, which I believe, as was well stated What we need now are policies that termined without debate; and pending its by the Senator from California, will go allow us to be a country that thinks, execution, and until a quorum shall be a long way towards promoting job cre- invents, and makes things again, a present, no debate nor motion, except to ad- ation in the private sector and leveling country where you can walk into any journ or to recess pursuant to a previous the playing field for American workers. store on any street in any neighbor- order entered by unanimous consent, shall be in order. In recent months, reports have shown hood, purchase the safest product at that retail sales are up, hourly wages the best price and be able to turn it So I thank the President for making are rising, and household debt is at its over and see the words: ‘‘Made in the that very clear. Hopefully, that sheds lowest point in a decade. We have seen USA’’ stamped on the bottom. some light on what we are doing on a some particularly promising bright As Tom Friedman, the New York Monday evening, which some Senators spots in Minnesota, where our manu- Times columnist and Minnesota native, would simply call a bed check. We are facturing exports increased 19 percent has put it, we need to be doing some scheduled to vote at 11:30 tomorrow on in the second quarter to $4.3 billion. ‘‘nation building in our own nation.’’ whether to proceed with a debate that Minnesota also has one of the lower I often think about the opening cere- has been taking place here on the Sen- unemployment rates, 7 percent, com- monies at the 2008 Summer Olympics ate floor. I think that obviously would pared to 9.6 percent nationally. in Beijing, the ones that featured that be the time for the debate. But I think But while the numbers are starting perfectly synchronized 2,000-man drum- I have about 20, 25 minutes here to to point in the right direction, too ming routine. Well, those drumbeats make my comments. I shall proceed. many Minnesotans, and too many are only getting louder and louder. We are really talking about a tax Americans are still out of work. As one While China builds the world’s lead- bill. I know the authors of the bill, the of my constituents recently put it, ing solar energy industry, we sadly people who have spoken before, obvi- ‘‘unemployment may be 7 percent in still have not passed an energy bill, de- ously think it is a major issue. It is a the rest of the state, but it’s 100 per- spite some that call for a renewable en- very important issue, but what we are cent in my house. That is what matters ergy standard. While India encourages really talking about is bringing to the to me.’’ invention and entrepreneurship, we floor a debate that raises taxes on U.S. He is not alone. Nationwide, there give our innovators the runaround. And companies and makes them less com- are still 15 million Americans out of while Brazil produces more engineers, petitive globally. I don’t think that is work, and another 6.6 million who have we let our students fall behind. a very good idea, a tax increase on joined the ranks of the long-term un- The world is moving ahead fast. But these companies, given the difficult employed. we are not going to let it pass us by. times we have and given the difficult I received a letter from one of them As a country, we have always been times we have in our export markets, just the other day—a constituent of home to the most productive, innova- to make our U.S. companies that deal

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That is find out how it was playing before the every taxpayer as of next year, and the bill we certainly should be consid- election. That is the truth. Nothing to that is the bill we should be consid- ering before we adjourn until the lame- prevent this massive tax hike on Amer- ering now, not a bill that is going to duck session of Congress which I as- ican families and small businesses. cause quite a bit of harm to every com- sume is still being planned. Now it is September. I don’t think pany that does business overseas. It is most unfortunate that we are most families are really thinking Here are just a few examples of what going to a lameduck session of Con- about their income taxes right now. this will mean to working families if gress. I had a constituent say: Lame- They should, but they are not. They the majority allows these provisions to duck; that is going to be a Daffy Duck. put the frustration of April 15 behind expire: A single parent with two chil- I think that is a little harsh given the them. Tax freedom day is somewhere dren who earns $30,000 will see a tax in- intent of both Houses of Congress, but down the road in April or May. That is crease of $1,100 a year. A family of four what we really ought to be talking when you are paying all the taxes, and who earns $50,000 will see a tax in- about is the tax increase that is going that is where all of your income goes crease, on an average, of $2,100 per to take place in less than 90 days un- to government and you finally have tax year. less Congress acts. I know there was a freedom day. That becomes something Clearly, these families are earning great discussion within the majority that comes to their mind right off the well below the $250,000 threshold the caucus as to whether we should move bat in the spring. But some families President promised not to raise taxes on that, whether we should take a vote were fortunate enough to able to take on, these folks. Yet in just 3 months, on that, both in the House and the Sen- a vacation as of this summer or late that is exactly what is going to hap- ate. That is really why I come to the summer. However, many were working pen. So you might want to think about floor. instead and very happy to do so, given it, America, as well as what is going to This is a looming tax increase that the situation in regard to jobs. They happen down the road a little bit. You will take effect next year. It is going to are just happy to have a job to provide have Halloween. That is about when hit every American who pays income for their families. But none of them are the lameduck Congress comes back. taxes. There has already been a great probably thinking about what is going You have Halloween and then you have deal of debate about who will pay these to happen on January 1. They will be Thanksgiving, Christmas—not the time higher taxes. The President and many handing more of their paycheck over to you are thinking about a big tax in- of his supporters in Congress say they Uncle Sam. That is exactly what is crease that is going to whack you right will not raise taxes on those families going to happen if the administration in the forehead, but that is exactly what is going to happen. earning under $250,000 or individuals and the majority in Congress do not The President’s supporters in the earning under $200,000. That was a cam- act and do not act soon. We should act before a lameduck Congress. Congress have yet to introduce a bill to paign pledge of the President. prevent this tax hike. It is that simple. The American dream—or at least it Some have dubbed this tax relief We certainly do not see any language was when I was growing up, and I had package the ‘‘Bush tax cuts,’’ saying on a bill to prevent these massive tax hoped it would be for my kids and they only benefit the wealthy. Let me hikes that go into effect on January 1. grandkids meant one could climb the point out, that is simply not correct. I don’t see how continuing existing tax However, the President and his sup- ladder of success, the ladder of eco- porters in the Congress say they want nomic success as high and far as they policy that has been in effect for 10 years constitutes a tax cut. It is pre- to extend tax relief for everyone but wanted, and nothing government-made those taxpayers they say are wealthy. or manmade would stand in their way, venting a tax increase. If we want to get partisan about it, it is not about a Who are these folks? Who are these except they had to do the climbing. wealthy taxpayers? Well, under the Now we find that when you hit $250,000, Bush tax cut, it is about a President Obama tax increase that we are trying President’s proposal, and presumably if you are filing a joint tax return or if to prevent. the proposal supported by most in the you are earning $200,000 individually— Let’s take a minute and look at how majority, it is any individual who you are rich. They describe people who this tax relief passed on a bipartisan earns more than $200,000 in income per earn over $200,000, $250,000, and regard- basis and supported by several Sen- year or any family who earns more less of their obligations, regardless of ators in the majority who are still than $250,000. whether it is a small business, and re- serving in this body let’s take a look at I know there are some who earn gardless of what those circumstances it and how it has benefited families and much less than these amounts who may be, bingo, they are going to have small businesses across all income lev- think that sounds fine. Well, maybe to to pay that higher tax rate. So we have els. some it does. It is always: somebody in Washington describing in The bipartisan tax relief doubled the Don’t tax me. I won’t tax thee. Tax the guy manifest detail who is rich and who is child tax credit from $500 to $1,000. This behind the tree. not in the United States. I find that to credit amount will be cut in half next There is a little bit of envy here that be the antithesis of the American year. The bill lowered capital gains and goes on among all of us, I think, in our dream, at least as I understood it. I dividend tax rates to benefit families hearts when we look at people who think now there is a hue and cry of, who invest long term and save for their earn huge salaries. Somehow, some let’s level everybody with everybody future. way that we have now defined those else. I do not think that is where we These taxes will go up dramatically people at $250,000 and $200,000. want to be in terms of our national in- next year. If you read any financial I think that is unfortunate because tent. publication, are aware of any think we all benefit—we all benefit—when in- The health care reform law has al- tank that deals with taxes and finances comes increase and people become suc- ready broken the pledge in regard to and the economic outlook for this cessful. That is how the economy gets that of the President, the $250,000 and country, you find out that is going to turned around. That is how we have the $200,000, because that imposes a have a dramatic effect—a very unfortu- people who are entrepreneurs and they slew of new taxes on small businesses nate law of unintended effects. Those invest and they provide more jobs. and health care consumers, including taxes will go up, as I said, very dra- When incomes go up and people have those earning well under these income matically next year by as much as 33 more of their own money to spend and levels. So we should be weary of any percent for capital gains and 164 per- invest as they see fit, more businesses pledge by the President or the majority cent for dividends. are started, expanded, more jobs are to protect taxpayers from the harmful This bill lowered income tax rates for created and—guess what—more income tax increases that are set to take effect every taxpayer who pays taxes—I am comes into the government.

VerDate Mar 15 2010 22:04 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00027 Fmt 4637 Sfmt 0634 E:\RECORD10\RECFILES\S27SE0.REC S27SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7482 CONGRESSIONAL RECORD — SENATE September 27, 2010 There is a lot of money sitting on the workers will inevitably pay the price. Why would our colleagues on the sidelines waiting. If you do not take By one estimate, an increase in the top other side of the aisle want to allow in- more money out of people’s pockets, tax rate would cost jobs by reducing come taxes to go up at the end of this you will see, I think, a burst of eco- small business hiring by as much as 18 year for hundreds of thousands of small nomic activity that results directly or percent. That is 18 percent we do not businesses? Why are we having a vote indirectly to the Federal Government. need. tomorrow on proceeding to another bill I was just reading in the Wall Street Raising taxes on small businesses that could be very hurtful in regard to Journal an article about that. I in- will also likely slow the already weak our competitors overseas. How does tended to bring it over, but I failed to economic recovery. We see a lot of that aid the economy? How do higher do so. You can just take it from me. headlines saying: The recession is over. taxes help put unemployed Americans When incomes go up and people have But let’s talk about the economic re- back to work? How does a higher tax more of their own money to spend and covery we all wish—both Democrats burden allow a small business to grow invest as they see fit, more businesses and Republicans, all of us wish—would and expand? How do higher taxes on are started and expanded and more jobs take place. The National Federation of small businesses aid the economy? are created. Independent Businesses, the NFIB, has The answer is pretty straightforward. To see the harm in raising the top said the second most cited concern of Small businesses are hurt by higher two tax rates, to target those earning small businesses is taxes. As a result, taxes. They cannot hire new workers over the $200,000/$250,000 threshold, we small businesses are sitting on the and they cannot buy equipment or a only have to look at what allowing this sidelines until they know whether they new building or make other invest- tax relief to expire means for small are going to be facing higher taxes ments that can help their business businesses to see the danger in allow- come January 1. That ought to be obvi- grow. ing this tax increase to take place. ous. Small businesses need certainty This approach by President Obama Because many small business owners about how much they are going to owe and the majority is absolutely the pay their taxes on their individual in- in Federal taxes. wrong approach to take if we want to come taxes, if the top two income tax Yet, once again, this administra- ensure job creation and grow our econ- rates are increased as the President tion’s rhetoric on small business does omy. We need to continue the tax relief proposes, small business owners in not match the reality of its proposals. passed in 2001, by a big bipartisan ma- these tax brackets will pay those high- The administration says it wants to jority, that has lowered income tax help small businesses, and it has touted er income tax rates. rates for all taxpayers and encouraged the recently passed small business bill The administration says these higher families to save and businesses to in- as proof of that. Yet this same admin- taxes will affect only 3 percent of small vest. Continuing this tax relief, rather istration pushes through a health care businesses, so we should not be con- than more spending, will help get our bill that Americans do not want that cerned about raising these taxes. If we economy back on track. have heard 3 percent, we have heard imposes higher taxes on small busi- What I usually hear from my nesses. Now it wants to raise taxes that enough over and over and over friends—and I want to comment on it— even further on these same small busi- again: only 3 percent. But those num- on the other side of the aisle, espe- nesses by increasing their Federal in- bers downplay the impact of raising cially when you talk about tax cuts— come taxes. taxes on small businesses. It seems a bit ironic to watch the you say: tax cuts, and then, bingo, for Let’s look at what such a tax hike majority touting the small business the rich, for the wealthy. We are beat- would mean for America’s small busi- bill that the President is, in fact, sign- ing a dead ‘‘class warfare’’ horse, it nesses. Keep in mind, these are the ing into law today. They said small seems to me. But that simply is not an same businesses that, by the Presi- businesses needed this tax relief so accurate picture of the massive tax in- dent’s own admission, are the Nation’s they could grow, expand, and create creases that are facing American fami- job creators. They create 70 percent of jobs. During debate on this bill, they lies next year. the jobs in this country—70 percent. criticized Republicans for holding up The majority has been in power for Yet under the President’s proposal, tax important tax relief for these busi- nearly 4 years. They have had plenty of rates would increase by at least 17 per- nesses. time to address this issue, plus estate cent on small businesses. So it is curious now, that many in tax reform, plus the AMT, plus all the According to the nonpartisan Joint the majority who supported this rel- other things we say we are going to do Committee on Taxation, that means atively modest tax relief and who re- as members of the Finance Committee. three-quarters of a million businesses— peatedly stressed the importance of tax I am privileged to serve on that com- 750,000 small businesses—will pay high- relief to small businesses are the same mittee. Yet, similar to a child who has er taxes. ones who oppose extending income tax not done his homework, they have put Allowing the top rates to expire sub- relief that benefits small businesses. this off until the last minute, creating jects nearly $500 billion—another $1⁄2 Let me make it as clear as I can. The enormous uncertainty for families and trillion—in small business income to same members of the majority who small businesses. higher taxes. This is a very conserv- supported the small business bill and They try to justify these massive tax ative number. Further, small busi- who insisted we must provide them tax hikes by saying this bipartisan tax re- nesses with between 20 and 299 workers relief are the very ones who oppose ex- lief contributed to the Nation’s current employ about 25 percent of the U.S. tending income tax relief that will ben- fiscal problems. workforce. So we are taking action to efit small businesses. That is a con- The popular refrain Americans have raise taxes on 25 percent of the U.S. tradiction. That is tough to explain, it heard from the President and his sup- workforce. seems to me. I am pretty sure a lot of porters in the Congress is that they in- These small businesses will have to people are simply not going to under- herited the current deficit, and that it recover the cost of higher taxes some- stand that, especially in the next is a result of the tax relief we passed, where. It may come from lower wages. month or in November. again, on a bipartisan vote, in 2001. Will they lay off workers? Will they re- If it is so important to provide tax But the numbers do not add up. Did duce benefits or raise the cost of their relief to small businesses in this bill, you know the Federal deficit decreased products? That is dicey, given this kind why isn’t it equally important to ex- as the 2001–2003 tax relief took effect? of environment in regard to consumers tend other small business tax relief? The deficit stood at $412 billion in 2004 and what they are able to do. None are We will not get our economy back on but dropped to $161 billion in 2007. That good options. track until small business begins hir- is the year the majority took control With unemployment holding steady ing, period, and they are not going to of the Congress. I was here. I know. I at over 9 percent, common sense would hire if they have to pay more taxes in could list Senators on both sides of the indicate, that raising taxes on those January on top of what they have al- aisle who made tremendous progress in businesses that are creating jobs is a ready been burdened with in the health regard to reducing that deficit from very bad idea. As small businesses face care bill. Yet that is precisely what the $412 billion in 2004 down to $161 billion a significant tax hike come January, administration’s proposal will do. in 2007—tough to do. We had Katrina,

VerDate Mar 15 2010 22:04 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00028 Fmt 4637 Sfmt 0634 E:\RECORD10\RECFILES\S27SE0.REC S27SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 27, 2010 CONGRESSIONAL RECORD — SENATE S7483 had all sorts of problems, Iraq, two Nor has the administration’s concern Senator from Massachusetts (Mr. major wars, but we did that. about the deficit driven it to reduce federal KERRY), the Senator from Arkansas Three short years later, the deficit spending. (Mrs. LINCOLN), the Senator from has more than quadrupled and this That is the key. It seems to me it is Maryland (Ms. MIKULSKI), the Senator year is estimated to come in at ap- disingenuous for this administration to from Washington (Mrs. MURRAY), the proximately $1.3 trillion—not billion, say we cannot afford to provide tax re- Senator from Florida (Mr. NELSON), trillion. ‘‘Trillion’’ has become the lief that helps small business and gets and the Senator from New Hampshire watch word of the day; not billion, tril- our economy moving in the right direc- (Mrs. SHAHEEN) are necessarily absent. lion. tion when the same administration has Mr. KYL. The following Senators are That is a direct result of the massive pursued failed policies of unrestrained necessarily absent: the Senator from spending agenda the President and his spending that do little but grow the Kentucky (Mr. BUNNING), the Senator supporters in Congress have under- deficit. from Texas (Mr. CORNYN), the Senator taken, including a failed stimulus bill, We can and should provide tax relief from Georgia (Mr. CHAMBLISS), the Sen- bailouts of failed companies, and a to all taxpayers, and that should be the ator from Idaho (Mr. CRAPO), the Sen- health care bill that a majority of business of the day, not a live quorum ator from Wyoming (Mr. ENZI), the Americans do not want—growing by call or a bed check and then go out this Senator from South Carolina (Mr. the day when they find out the details week and then come back in a lame- DEMINT), the Senator from South Caro- of the bill. duck Congress to debate that. Then it lina (Mr. GRAHAM), the Senator from What is particularly ironic about all would be, what, 40 days before the ax Utah (Mr. HATCH), the Senator from of this is that the President has seen would fall in regard to every American Texas (Mrs. HUTCHISON), the Senator no reason to offset the billions in Fed- paying more taxes. from Georgia (Mr. ISAKSON), the Sen- eral Government spending that he and The PRESIDING OFFICER (Mr. ator from South Dakota (Mr. THUNE), his supporters have put in place—bil- MERKLEY). The time of the Senator has the Senator from Alaska (Ms. MUR- lions in new Federal spending on a expired. KOWSKI), the Senator from Idaho (Mr. failed economic stimulus program and Mr. ROBERTS. I ask unanimous con- RISCH), and the Senator from Arizona billions to failed companies, billions sent for 30 seconds. (Mr. KYL). that have contributed to the largest The PRESIDING OFFICER. Without The PRESIDING OFFICER. Are there deficit in this country’s history. objection, it is so ordered. any other Senators in the Chamber de- Further, the President has already Mr. ROBERTS. Thank you. We can siring to vote? said he doesn’t plan to pay for the cost and should provide tax relief to all tax- The result was announced—yeas 48, of extending about 74 percent of the ex- payers—tax relief that helps families nays 25, as follows: piring tax relief—that is about $2 tril- keep more of their hard-earned dollars [Rollcall Vote No. 241 Leg.] lion—that benefits lower and middle- and tax relief that provides certainty YEAS—48 income taxpayers. I am for that. Ev- to small businesses so they can make Akaka Franken Nelson (NE) erybody here is for that. And that num- investments and create jobs without Baucus Gillibrand Pryor ber is actually expected to go higher. Begich Goodwin Reed the fear that their taxes will go up. We Bennet Harkin Reid Yet the remaining 26 percent of the tax need to extend this tax relief that Bingaman Inouye Rockefeller relief—that tax relief that in part bene- keeps money in the hands of families Boxer Johnson Sanders fits small businesses—the President and small businesses rather than put- Brown (MA) Kaufman Schumer doesn’t want to extend. Why not? Here Brown (OH) Klobuchar Specter ting it in the pocket of Uncle Sam. Burris Kohl Stabenow is the kicker. He says we can’t afford I yield back the remainder of the Cantwell Landrieu Tester it. time that the distinguished Presiding Cardin Lautenberg Udall (CO) We can’t afford it? This, from the Casey Leahy Udall (NM) Officer granted me. Durbin Levin Warner same President whose spending spree Mr. CARDIN. Mr. President, I suggest Ensign Lieberman Webb has driven up the deficit to unprece- the absence of a quorum. Feingold McCaskill Whitehouse dented levels? The same President who The PRESIDING OFFICER. The Feinstein Merkley Wyden spent well over $700 billion on last clerk will call the roll. NAYS—25 year’s failed stimulus program? The The assistant legislative clerk pro- Alexander Corker Roberts same President who handed out bil- ceeded to call the roll, and the fol- Barrasso Grassley Sessions lions in Federal tax dollars to failed lowing Senators entered the Chamber Bennett Gregg Shelby businesses? That is right. The Presi- Bond Inhofe Snowe and answered to their names: Brownback Johanns dent says we can’t afford to extend in- Vitter [Quorum No. 5 Leg.] Burr LeMieux Voinovich come tax relief for small businesses to Coburn Lugar Wicker help them create jobs, grow, and con- Akaka Kohl Roberts Cochran McCain Alexander McCain Vitter Collins McConnell tinue to employ more than 20 million Bond McConnell Webb Americans who work for small busi- Cardin Merkley NOT VOTING—27 nesses. Collins Reid Bayh Dorgan Lincoln Well, we have a saying for this in The PRESIDING OFFICER. A Bunning Enzi Menendez Carper Graham Mikulski Dodge City. It sort of resembles a lot of quorum is not present. Chambliss Hagan Murkowski what we have in our Dodge City Mr. REID. Mr. President, I move to Conrad Hatch Murray feedlots, but I am not going to go into instruct the Sergeant at Arms to re- Cornyn Hutchison Nelson (FL) that. Crapo Isakson Risch quest the presence of absent Senators, DeMint Kerry Shaheen A recent observation by Kevin and I ask for the yeas and nays. Dodd Kyl Thune Hassett and Alan Viard with the Amer- The PRESIDING OFFICER. Is there a The motion was agreed to. ican Enterprise Institute writing in the sufficient second? There is a sufficient The PRESIDING OFFICER. A Wall Street Journal sums this up very second. quorum is present. nicely: The question is on agreeing to the The Senator from Missouri. The administration is right to view the motion. Mr. BOND. Mr. President, what is the deficit as a serious issue, but this sudden The clerk will call the roll. pending business? commitment to fiscal responsibility is The legislative clerk called the roll. The PRESIDING OFFICER. The bizarrely inconsistent. The administration pending business is the motion to pro- professes deep concern about the $700 billion Mr. DURBIN. I announce that the revenue loss from extending the tax cuts at Senator from Indiana (Mr. BAYH), the ceed to S. 3816. The time is organized in the top, but apparently views the revenue Senator from Delaware (Mr. CARPER), 30-minute alternating blocks. loss of nearly $2 trillion from extending the the Senator from North Dakota (Mr. UNANIMOUS CONSENT REQUEST—S. 3072 tax cuts for the middle class as too incon- CONRAD), the Senator from Connecticut Mr. BOND. Mr. President, I ask unan- sequential to mention. (Mr. DODD), the Senator from North imous consent that the pending busi- I repeat, again, we are all for that. Dakota (Mr. DORGAN), the Senator ness be set aside and that the Com- They continue: from North Carolina (Mrs. HAGAN), the mittee on Environment and Public

VerDate Mar 15 2010 22:04 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00029 Fmt 4637 Sfmt 0634 E:\RECORD10\RECFILES\S27SE0.REC S27SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7484 CONGRESSIONAL RECORD — SENATE September 27, 2010 Works be discharged from further con- American taxpayers are currently al- The PRESIDING OFFICER. Objec- sideration and the Senate proceed to lowed to deduct either State income or tion is heard. the immediate consideration of S. 3072, sales taxes on their Federal tax return. Mr. BAUCUS. Mr. President, I ask introduced by my colleague from West Americans who live in States with a unanimous consent that the Finance Virginia, Senator ROCKEFELLER, that State income tax have always been Committee be discharged from further would delay for 2 years U.S. EPA im- able to deduct their State taxes. Since consideration of H.R. 4994—— plementation of carbon regulations; I passage of the 1986 tax reform, Ameri- The PRESIDING OFFICER. The Sen- further ask unanimous consent that if cans living in States without a State ator does not have the floor. the majority is serious about pro- income tax have been out of luck. Mr. BAUCUS. Mr. President, I seek tecting American jobs, that we must be With the leadership of Senator KAY recognition. allowed to take bipartisan action to BAILEY HUTCHISON, Congress responded The PRESIDING OFFICER. The Sen- protect the American people from the by reinstating a deduction for State ator from Wyoming has the floor. backdoor national energy tax coming sales tax. This provision provided fi- Mr. BARRASSO. Mr. President, at in the form of new job-killing carbon nancial relief for millions of taxpayers, this time, it is my understanding that regulations from EPA; that the bill be and it brought back some fairness to this time is reserved for the minority read three times and passed, and the the Tax Code. Americans in States that party. motion to reconsider be laid upon the have no income tax, such as Wyoming, The PRESIDING OFFICER. That is table. Texas, Alaska, Florida, Nevada, South correct. The PRESIDING OFFICER. The Sen- Dakota, and Washington, finally re- Mr. BAUCUS. What is the parliamen- ator from Illinois. ceived relief similar to individuals in tary procedure? Mr. DURBIN. Mr. President, reserv- States with State income taxes. Mr. SESSIONS. If the Senator wants ing the right to object, I say to my col- The sales tax deduction needs to be just 1 minute, I would—— league from Missouri, clean energy made permanent. Now is not the time The PRESIDING OFFICER. The Sen- jobs are the jobs of the future. As we to raise taxes on American taxpayers. ator from Wyoming has the floor. create more clean energy jobs, we will Mr. President, I ask unanimous con- Mr. BAUCUS. I thought we were find a way to compete with China and sent that the Senate proceed to the im- going back and forth. other nations that are trying to take mediate consideration of H.R. 3617; The PRESIDING OFFICER. No. over this whole area. They know the that all after the enacting clause be Mr. BAUCUS. Mr. President, I ask whole world is moving toward more stricken and the text of S. 35, a bill to unanimous consent to speak for 1 sensitivity to emissions and the envi- provide a permanent deduction for minute. ronmental damage they cause. As a re- State and local general sales taxes, be The PRESIDING OFFICER. Is there sult of that, I object. inserted; I ask unanimous consent that objection? The PRESIDING OFFICER. Objec- the bill, as amended, be read a third Mr. SESSIONS. I would be pleased to tion is heard. time and passed, the motion to recon- yield. The Senator from Missouri. sider be laid upon the table, and that The PRESIDING OFFICER. Without Mr. BOND. Mr. President, the regula- any statements relating to the meas- objection, it is so ordered. tions the EPA is proposing will hit ure be printed in the RECORD. UNANIMOUS CONSENT REQUEST—H.R. 4994 every American family with higher The PRESIDING OFFICER. The Sen- Mr. BAUCUS. I thank my colleague. electric bills, more expensive food and ator from Montana. Mr. President, I ask unanimous con- clothes, and more pain at the pump. Mr. BAUCUS. Mr. President, I re- sent—it is on the same subject—that American workers, especially those in serve the right to object. This is one the Finance Committee be discharged energy-intensive manufacturing jobs, provision we need to pass. There are, from further consideration of H.R. 4994, will face job loss or more difficult job however, many other provisions we taxpayer assistance; that the Senate prospects. need to pass. They are in the category then proceed to its immediate consid- We have bipartisan language. Six of tax extenders. eration; that all after the enacting Democrats have already stated on the Clearly, the State and local sales tax clause be stricken and the text of the floor they favor this. Whatever one deductions should be passed into law. Baucus substitute amendment, the text thinks about the cap and tax, I believe Senator MURRAY from the State of of Calendar No. 572, S. 3793, be inserted there is a strong majority who thinks a Washington has been working hard. in lieu thereof; that the substitute regulatory agency should not establish Washington, obviously, is a State that amendment be agreed to, the bill, as it bureaucratically. needs this deduction. There are many There is a lot of work we need to do States that need it. amended, be read a third time and in energy. We need to develop our own Unfortunately, the provision called passed, and the motion to reconsider be energy. When we talk about nuclear for by the Senator from Wyoming is laid upon the table; that the title power, when we talk about clean coal not paid for. It is going to add to the amendment, which is at the desk, be technology, when we talk about deficit. I might add that the other pro- considered and agreed to. biofuels and woody biomass, all of visions that must get passed which ex- The PRESIDING OFFICER. Is there these things are good. But when we pired at the end of last year, I say with objection? talk about wind power and solar power, embarrassment, must be passed this Mr. BARRASSO. Mr. President, re- how much is it going to cost us? We year, and State and local sales tax de- serving the right to object, I would say have found that the costs are over- duction is one of them. that Senator THUNE has a bill similar whelming. What are some of the others? Re- in design to deal with a number of I welcome a discussion of this issue, search and development tax credit, we needed concerns and considerations, but the first thing we need to do is have not extended that. It expired in and in light of the fact that Senator make sure our country is not shut the last year, as did the State and local THUNE’s legislation has been objected down by overreaching EPA regulations. sales tax deduction. It expired in the to and not yet been able to get clear- That is why I proposed the unanimous last year. There are many others that ance from the other side, I do object. consent request. I understand the lead- expired in the last year. The PRESIDING OFFICER. Objec- er on the majority side has promised What is the Senate doing? The an- tion is heard. we can vote on the Rockefeller bill. We swer is nothing because the other side The Senator from Alabama. need to vote by the end of the year. of the aisle would not let us bring up GLOBAL COMPETITIVENESS I yield the floor. the package of extenders. The Senator Mr. SESSIONS. Mr. President, the The PRESIDING OFFICER. The Sen- from Wyoming picked out one little World Economic Forum recently pub- ator from Wyoming. one. The fact is, we have to get them lished its global competitiveness sur- UNANIMOUS CONSENT REQUEST—H.R. 3617 all passed; otherwise, many people are vey. It shows that the competitiveness Mr. BARRASSO. Mr. President, I will going to be in a very disadvantageous of the United States has declined from offer a unanimous consent request in a economic position. first place in the world to fourth place moment that will permanently lock I object to the request made by the since President Obama took office in fairness into the Tax Code. Senator from Wyoming. January.

VerDate Mar 15 2010 22:04 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00030 Fmt 4637 Sfmt 0634 E:\RECORD10\RECFILES\S27SE0.REC S27SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 27, 2010 CONGRESSIONAL RECORD — SENATE S7485 What is the main reason for this de- By 2020, they calculate that the 1 counts. I know my colleagues will find cline? Too much debt and too much year’s interest payment would be $916 this hard to believe because it is so spending. There are other reasons, but billion—almost $1 trillion. This is a stunning, but the State Department that is the primary one they cited. I stunning figure. Last year, the baseline and Foreign Operations got a 32-per- would suggest that the proposals to budget—or at least 2 years ago—on cent increase in baseline spending last drive up the cost of energy by regula- highways was about $40 billion. I think year. EPA got a 35-percent increase. tion and cap and tax—supposedly to the spending on education totally is Commerce, Science, Justice, that is, create green jobs—are another form of about $100 billion. the Commerce Department and the anticompetitiveness that hurts our So we are talking about $900 billion Justice Department, received 12.3 per- productivity as a nation. A study of in interest now because the public debt cent. The Treasury-HUD number was 23 Spain, which has some of the most will triple from last year to 2019 under percent; Agriculture, 8; and Defense, powerful alternative energy proposals the budget submitted by the President. 4.1. and has taken some of the most dra- You would think we would be talking So we have been spending rapidly, matic action, has shown that even about that in Congress and we would be but the budget called for less spending though there are green jobs created, dealing with a budget and plans to try this year and next year and the next the overall rise in the cost of energy in to bring that under control, would you year. It was a 5-year budget. So we Spain has cost that nation more jobs not? Surprisingly, we haven’t had any asked our colleagues: Let’s, on a bipar- than were created by the green activi- real discussion about the budget this tisan basis, pass legislation very simi- ties. year. Indeed, we haven’t debated the lar to what was passed in the 1990s. According to the Washington Post, a budget on the floor of the Senate at all. That really was a critical act in senior economist at the World Eco- This will be the first year since the achieving a balanced budget in the late nomic Forum said: modern budget process was created in 1990s, and this action would say that if It was government debt and the country’s 1974 that Congress has not even consid- you went above that spending level, overall economic outlook that pushed the ered a budget. It was not brought up. It which is basically projected to be 1 per- United States down. has not even been produced here. cent or so, it would take a two-thirds The article goes on to note: Mr. WICKER. Mr. President, would vote of the Congress. This would help Government debt affects a country’s com- the Senator yield for a question on us maintain spending, wouldn’t my col- petitiveness by limiting its ability to re- that point? league agree, if we had a two-thirds spond to crises or to make infrastructure Mr. SESSIONS. I would be pleased. I vote? and other investments that could boost fu- see my colleague from Mississippi is Mr. WICKER. If the Senator would ture productivity. It may also lead to higher here. continue to yield, I would say that I interest rates. The PRESIDING OFFICER. The Sen- think it would certainly be a start. I would note also that the EU has a ator from Mississippi. And I daresay that if Senator SESSIONS corporate tax rate of 19 percent, where- Mr. WICKER. Let me make sure the and I were the sole deciders on this as the United States has a corporate people within the sound of our voices issue, we might find a way to cut tax rate of 35 percent, and that costs tonight understand this. For the first spending even further. But on a bipar- jobs in America. I talked to a CEO re- time in the history of the modern-day tisan basis, we ought to at least be able cently who said that 200 Alabama jobs Budget Act, the Congress has not even to say: Mr. President, let’s bring to the were lost because of the higher cor- brought forward a budget plan to be de- floor for discussion a proposal that porate tax rate in the United States. bated, much less amended and voted on would virtually freeze domestic discre- We cannot sustain that. by the elected representatives of the tionary spending for 1 year. How high is our debt today? It is $13.6 people; is that correct? I would commend to my colleagues a trillion or $44,000 for every man, Mr. SESSIONS. That is correct. letter dated July of this year from woman, and child in America, and it is Mr. WICKER. And this is astonishing every Republican on the Senate Appro- 93 percent of our gross domestic prod- in light of what the Senator has point- priations Committee pointing out, No. uct, which is significant because a fa- ed out with regard to where we are 1, the enormity of the Federal debt and mous study produced earlier this year going on payment of interest on the the problem and direct threat it poses by economists Kenneth Rogoff and Car- national debt. Anytime we are paying to national security; the need for a men Reinhart demonstrated that eco- interest, that is money that can’t be long-term plan; the fact that the com- nomic growth slows substantially—it used for highways, for infrastructure. mittee is compelled, outside of a budg- reduces GDP growth by 1 percent— If someone wanted to try a stimulus et because we didn’t even get a chance when debt exceeds 90 percent of GDP. for small businesses by cutting their to debate one, to come up with a top- We are already over that. And when taxes, that is money that is not avail- line number; pointing out the Sessions- our economy is only growing at 1.6 per- able to us for that purpose. McCaskill legislation that would essen- cent—as it was in the second quarter— I wonder whether the Senator would tially freeze nondefense spending, and, an extra 1 percent is a lot when you are like to talk about his particular plan, a importantly, every Republican on the talking about growth. They talk about bipartisan plan, that at least attacks Appropriations Committee said we a new normal where we may be show- the exponential growth we have had in were committed to that number. I ing only 1, 2, 3 percent growth for years discretionary spending. I think the think that as the American people to come. So if you lose a percent based Senator has a plan with the Senator begin to look at us, particularly as we on debt, that is very damaging to the from Missouri that would attack this move toward this crucial vote on No- American economy. Well, do we have a issue at the discretionary level, vir- vember 2, it is important for them to plan to reduce it? Have we taken any tually freeze domestic discretionary understand that Republican appropri- steps? Actually, the President’s budget spending, and, at least for that small ators have made that commitment and makes the problem worse. It shows part of the budget, give us some relief; made it in writing as long ago as July that the gross debt by 2019 would go to is that correct? of this year. $23 trillion—106 percent of GDP. Mr. SESSIONS. That is correct, and I Mr. SESSIONS. Well, I think that is Look at this chart on interest pay- thank my colleague for mentioning important to note, and I would further ments. It is so stunning that I think that. note that every single Republican sup- every American needs to examine it. It Senator CLAIRE MCCASKILL, my ported the McCaskill-Sessions amend- reflects the analysis by the Congres- Democratic colleague from Missouri, ment, but also 18 Democrats supported sional Budget Office, our professional and I have offered legislation that that. I believe that if we had the lead- budget office that serves us, the leader- would essentially take the budget that ership just say yes instead of no, it ship of which is hired by the Demo- was submitted last year, which had a 5- would pass easily. It would be a cratic majority. They are good people, year number. The first-year numbers healthy thing because it would send a and this is what they have calculated. were not very good. message to the financial markets In 2009, the interest we paid on all the I will show some of the spending in- worldwide that we at least have some debt in this country was $187 billion. creases last year in our baseline ac- fiscal discipline, and it would be very

VerDate Mar 15 2010 22:04 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00031 Fmt 4637 Sfmt 0634 E:\RECORD10\RECFILES\S27SE0.REC S27SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7486 CONGRESSIONAL RECORD — SENATE September 27, 2010 unlikely that spending would go above ing this country $3 trillion—unpaid for. television without corporate America this level if we had a two-thirds super- I did not hear a concern at that point. telling us how much we should be buy- majority point of order to object to They gave many hundreds of billions ing their products—the time is long spending over that level. of dollars to the top 1 percent in tax overdue for them to reinvest in the I would note that the amendment is breaks, unpaid for. We didn’t hear United States and build manufacturing supported by a number of bipartisan about the national debt concern there. plants here and not in China. A coun- groups, including the Concord Coali- They brought forth legislation to bail try that cannot produce the goods its tion, the Committee for a Responsible out Wall Street, unpaid for; they consumers require and becomes more Federal Budget, the National Tax- passed a Medicare Part D prescription and more dependent on other countries payers Union, the Heritage Founda- drug program, unpaid for. for what it needs is not a country that tion, former Congressional Budget Of- I am very glad today our Republican will remain a major economic power in fice and OMB Director Alice Rivlin— friends are concerned about the deficit this global economy. she served under President Clinton— and the national debt. It would have The legislation we are debating and former CBO Director Douglas been helpful to this country if they had today, the Creating American Jobs and Holtz-Eakin. So this is a bipartisan been concerned about that issue 5 or 6 Ending Offshoring Act, is a good first piece of legislation that would bring us years ago, while they were in the proc- step. This bill uses the Tax Code to to a point that, I believe, we can say to ess of doubling our national debt. begin to bring more manufacturing the world that we are going to stand by But the issue I did want to talk about jobs back into America. But let us be the numbers the President gave us last this evening is, as I think most people clear: This is just a beginning. Much year—not Republican numbers but the understand, the middle class of this more needs to be done. The simple President’s numbers. country—— truth is that American workers cannot Remember, the baseline budget in- Mr. WICKER. Was the Senator ask- and should not be asked to compete creases are already there. So I think ing a rhetorical question or would he against desperate people in developing what we are really going to have to yield for an answer to that question? countries, people in China, Mexico, do—when we really get a budget and Mr. SANDERS. I will be delighted to, Vietnam—other countries, where work- get some new leadership and get com- when it is your time. ers there are paid pennies an hour, mitted after this election, when we get Mr. WICKER. Clearly it was a rhetor- where they may go to jail if they try to a spanking by the American people—is ical question. form a union, and where there are very to get budget numbers based on the Mr. SANDERS. Mr. President, one of few environmental standards. It seems 2008 spending levels. It will not bank- the major reasons the middle class of to me to be absolutely unacceptable rupt us. The country is not going to this country is in decline and why the that our people are forced to compete sink into the ocean. If we went back to working class is being decimated and against folks who are earning so little. the 2008 levels, the 2007 levels, and then why real wages are going down for mil- What we should be engaged in is a had some modest increases based on in- lions of American workers who are race to the top, not a race to the bot- flation rates, we would see an even working longer hours for low wages is tom. Yet that is exactly what is hap- larger improvement in our financial that for a number of years now we have pening. If the United States is to re- situation and be more competitive. been hemorrhaging manufacturing main a major industrial power, pro- Mr. WICKER. If the Senator would jobs. While this trend has in fact been ducing the products our people need yield one more time—I know we are going on for decades, it accelerated and creating good-paying jobs, we must limited on time—some other people are during the 8 years of the Bush adminis- develop a new set of tax and trade poli- scheduled at the top of the hour, but I tration. During that period, those 8 cies that work for the American work- think this is very important. years, we went from 17 million manu- er and not just for the CEOs of large We were spending an enormous sum facturing jobs to about 12 million. We corporations. The American people are of money in fiscal year 2008. I do be- lost somewhere near 5 million manu- sick and tired of losing decent-paying lieve that in this crisis we have, we can facturing jobs during that 8-year pe- jobs to China, to India, to Mexico, as get back to that level and make do. riod, a decline of about 30 percent in multinational companies throw Amer- That is so important in light of what manufacturing jobs. Today, here in the ican workers out on the street, go this Congress and this administration United States, we now have the fewest abroad, produce their products for pen- have done to the national debt in 3 number of manufacturing jobs since nies an hour, and then bring those short fiscal years. Last year, this gov- the beginning of World War II. products back into the United States. ernment added $1.4 trillion to the na- As Senator DURBIN pointed out on In August I had about a dozen town tional debt. That is $1.4 trillion we the floor today, from 1999 to 2008, mul- meetings throughout the State. In spent here in Washington that we tinational corporations based in the every single town meeting I had in didn’t have. This year, it will be almost United States laid off nearly 2 million Vermont, people stood up and they that much—$1.34 trillion. And if things American workers at exactly the same said: It is becoming increasingly dif- don’t change, the national deficit, time period as they were hiring over 2 ficult to buy a product manufactured which will add to the debt, the next fis- million workers abroad. They laid off 2 in the United States of America. How cal year will be $1.42 trillion. It is a cri- million workers in this country and are we going to create jobs for our kids sis. We need to address it, and this leg- hired 2 million workers abroad. if we don’t have a manufacturing sec- islation is a start. Under President Bush, our trade def- tor? The PRESIDING OFFICER. The time icit with China more than tripled, and I very much agree with that senti- of the Senator has expired. our overall trade deficit nearly dou- ment. We have to stop giving large Mr. SESSIONS. I thank the Chair bled. Today our trade deficit is over profitable corporations tax breaks for and yield the floor. $370 billion. In other words, we are im- shipping jobs overseas and start giving The PRESIDING OFFICER. The Sen- porting $370 billion more than we are immediate tax relief to businesses that ator from Vermont. exporting. bring jobs back to the United States. Mr. SANDERS. Mr. President, I am There are a number of reasons why That is exactly what this bill would do going to be talking about a very seri- manufacturing jobs are disappearing, and that is why I am a strong sup- ous crisis of offshoring, but before I do, but a very major one is that corporate porter of it. But let’s let there be no I want to say a word about the budget. America continues to increase its bot- doubt, much more needs to be done. As I am glad to hear my Republican col- tom line by hiring workers in China, somebody who voted against NAFTA leagues being so very concerned about Mexico, Vietnam, and other developing when I was in the House, as somebody our budget deficit. My question is, countries instead of employing Amer- who voted against Permanent Normal where were they during the Bush ad- ican workers at decent wages in this Trade Relations with China, I think ministration when the budget debt of country. the evidence is now overwhelming that this country nearly doubled? We went In my view, if large corporations we need to fundamentally rewrite our to a war in Iraq, which some of us want us to buy their products—and trade policy to benefit the middle class voted against, which will end up cost- they certainly do; you cannot turn on of this country and to raise the living

VerDate Mar 15 2010 22:04 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00032 Fmt 4637 Sfmt 0634 E:\RECORD10\RECFILES\S27SE0.REC S27SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 27, 2010 CONGRESSIONAL RECORD — SENATE S7487 standards of people around the world In my State of Ohio we know how to be union jobs. But they were jobs that instead of promoting a destructive race make things. We know how to make created a middle class. to the bottom, which is what we are chemicals and paper and cement and But do you know what has happened? seeing now. steel and autos and aluminum and Not since colonial times has American Supporters of unfettered free trade glass. We led the Nation in many of business had a business plan where told us over and over how their policies those things. Yet look around and we they lobby Congress to change the were going to lead to more jobs and a see what has happened in our country. rules. My Republican friends all go better life for the majority of Ameri- The bill we are debating today is along with them because it is part of cans. Unfortunately, they have been about helping Americans, not appeas- the big corporate agenda; they lobby proven dead wrong. NAFTA turned a ing the Fortune 500, which is what the Congress to change the rules, they then trade surplus with Mexico into a huge Republicans are doing tonight. It is shut down their plants. In Burlington, trade deficit and we lost over 1 million about saving jobs. It is not about pad- VT, in Providence, RI, in Detroit, MI, jobs as a result. That is what NAFTA ding corporate bonuses. As they have and Toledo, OH, they shut down their has done. done again and again over the last year plants, they move them to China, they As a direct result of Permanent Nor- and a half, my Republican colleagues obviously exploit the lowest paid work- mal Trade Relations with China, we are selling out the middle class. ers they can get. lost over 2 million jobs to China and I wonder if my Republican colleagues They then sell the goods back to our trade deficit with that country have met people who have lost their their home country. They shut down nearly tripled. Anyone who has jobs to China; if they know anybody the plants here, they move them 7 or 8 shopped at a Wal-Mart or any other who has seen a plant close and they or 9 or 10,000 miles away. Then they large store in this country knows it is know what it does to the family. They sell the produced products back home almost impossible to find anything lose their job, they lose their health in- to the United States. Look what that made in the United States of America surance, they sometimes lose their does to individual people. today. We are not just talking about house. They have to explain to their Again, to my colleagues on the other sneakers; we are talking increasingly teenage children: Sorry, we are going side of the aisle, do they know people about high-tech products. to have to move. You are not going to who lost their jobs when a plant closed Let me give a few examples. Today, have your own room anymore. I am not and went to Mexico? Do they know 80 percent of toys sold in the United even sure what school district you are people who lost their health insurance States are made in China. Today, about going to go to. when a plant shut down and went to 90 percent of vitamin C sold in the Do they know people such as that China? Do they know people who had United States is made in China. Today, when they stand up on an issue this im- their homes foreclosed on because they 85 percent of bicycles sold in the portant, and their answer is to talk lost their jobs and their health insur- United States are made in China. about the budget deficit as if they ance and they have nowhere else to Today, over 80 percent of all shoes sold didn’t run the largest surplus in Amer- turn? in the United States are made in ican history 10 years ago into the larg- Yet, instead of debating this, instead China. Today, about 90 percent of U.S. est budget deficit in American history of their standing and arguing in sup- furniture production has moved to in 8 short years of George Bush govern- port of these tax laws and trade laws China. On and on it goes. ment, of tax cuts to the rich, wars that that have started to bankrupt our We have to recognize that if this were not paid for, bailouts to the drug country, and surely have caused our in- country is going to remain a major and insurance companies in the name dustry to decline, they just change the economic force in the global economy, of Medicare privatization, deregulation subject. They do not want to debate it. if we are going to have decent jobs for of Wall Street and these trade agree- Senator DURBIN said—and I would echo our kids and our grandchildren, we ments that continue to send jobs over- it and make the same offer. I will go to must rebuild the manufacturing sector seas? any State in the country with any of of this country. We must demand and Let me put up a chart here to show my Republican colleagues and we will develop policies that enable corporate some examples in my State of some have an open, fair debate on this tax America to start rebuilding our manu- companies that are pretty well known: law and on this trade law. facturing sector rather than moving ‘‘American Standard Company factory I would love to go anywhere in the abroad in underdeveloped countries. in Tiffin To Close.’’ If you go into a United States and have a public debate The legislation we have before us is a restroom, most of the plumbing equip- to show the public and show the Amer- good start but, as I have indicated be- ment was once made by American ican people how much this has under- fore, much more has to be done. I hope Standard in Tiffin, OH. Bain Capital mined our sovereignty, our wealth, our when we come up with a cloture vote out of Massachusetts, Governor Rom- manufacturing base. They are not will- tomorrow we can at least get the sup- ney’s company, came in and basically ing to debate it. But when we bring port of several Republicans, just a cou- did away with that company. this forward, you know they will ob- ple who are prepared to stand with the ‘‘Etch A Sketch Leaves Home.’’ Etch ject, and you know what the Senate American worker, who are prepared to A Sketch is called the Ohio Art Com- rules are. One person can stand and ob- help us rebuild our manufacturing base pany, in Bryan, OH. ject and we cannot pass the bill. They so we can create the desperately need- A small town at the corner of Sen- are more interested, way more inter- ed good jobs we have to build. ator STABENOW’s Michigan and Indiana. ested in scoring political points than I yield the floor. Walmart came to Ohio Art Company they are in debating the merits and The PRESIDING OFFICER. The Sen- and said: We want to make Etch A showing what exactly we need to do as ator from Ohio. Sketch. We want to sell it at Walmart a nation to begin to restore our manu- Mr. BROWN of Ohio. Mr. President, I for under $10. The only thing that Ohio facturing base. wish to echo the comments of the Sen- Art Company could do was shut down I would conclude with this. I hear my ator from Vermont who has been dis- that part of the factory and move it to Republican colleagues talk and be crit- cussing and debating and critiquing China. ical of everything President Obama has and understanding these issues of job One hundred years of vacuum cleaner done. That is fine. That is politics. But sourcing as well as anybody in this in- production comes to an end in Stark what they are arguing that we should stitution. I am incredulous that we are County in Canton, OH. Same story. To do is go back to the policies that got us fighting to bring this legislation to the the lowest bidder go the lowest paying into this. floor, this legislation which will help jobs. Huffy Bicycle, Celina OH, on the Let me put in a little bit of historical us rebuild our industrial base, which Indiana border. Senator DORGAN has context. Eight years of President Clin- will help us create, enlarge, strengthen talked about what happened to Huffy ton, January 20, 1993, to January 20, the middle class, which helps us with Bicycle. So they moved that bicycle 2001. Those 8 years, 22 million private our budget deficit and our trade deficit production to China. These were good- sector net job increase in this country. and will help us again become a coun- paying, industrial, union jobs usually— Eight years, from January 20, 2001, to try that knows how to make things. not all union jobs. They do not have to January 20, 2009, 8 years of George

VerDate Mar 15 2010 22:04 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00033 Fmt 4637 Sfmt 0634 E:\RECORD10\RECFILES\S27SE0.REC S27SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7488 CONGRESSIONAL RECORD — SENATE September 27, 2010 Bush, 1 million jobs created, not BROWN and SANDERS said: Why talk her job in the service industry, also be- enough to even keep up with an in- about outsourcing of jobs, let’s do cause the company was moving jobs crease in population. something about it. That is what we overseas. Dorothy told me she lost her The 8 years of President Clinton, are trying to do tonight. We are trying job in June of 2008. I talked to her in wages went up for the great majority to actually do something about it. This January of 2010. She is about 50, did not of Americans. Eight years of George is not just verbiage. have a family. Her life was her work. Bush, wages went down for the major- We see before us the faces of the peo- She loved her job. Here is what Doro- ity of Americans. Eight years of Bill ple who have lost their jobs. We see the thy told me. When you sit down and Clinton, at the end of his eighth year, families, we hear the children, and so talk to people who have lost their jobs, he left a budget surplus that was the there is an urgency to do something. little things stick with you. Here is highest in American history. After 8 Every place I go in New York—it can what Dorothy told me. She said: years of George Bush, he left a deficit be in upstate, an old manufacturing Christmas morning I usually wake— that, at the time, was the highest in place; it can be on Long Island, sup- she is a religious person. She goes to American history, and they have the posedly the new economy—I hear about church and then goes to open the gifts gall to be critical of everything Bar- jobs leaving New York and leaving with her nieces and nephews who are in rack Obama has done, like he created America and going overseas. her community. this. Then, there is some talk as if this is She said: Do you know what I did They have the gall to argue that the inexorable. It is not inexorable. That is this Christmas morning? I got up at 6 voters should choose them to go back what we are here to say tonight. We a.m. and I went online because I had to the same philosophy. They are not can do something to stop this, and stop this brilliant idea the night before, saying do anything different. They still it we must. Manufacturing used to be that maybe there would be jobs posted say tax cuts for the richest Americans. the backbone of our economy. It sup- Christmas morning and no one else, ev- They still say privatization of Medi- ported millions of families, was the eryone else would be too busy to go on- care and privatization of Social Secu- staple of middle-class communities. It line and I would find it and get the job. rity. Thank God we did not pass that 5 is no secret what happened. These are the people we are talking years ago. Company after company after com- about. Whether it is in manufacturing They still say more trade agreements pany began sending jobs to China and or service, one of the most cited stud- that outsource jobs. They still say do Vietnam and Malaysia, to Mexico and ies—and it is cited among conserv- not change the tax laws no matter how Brazil and parts of South America. atives—predicted that by 2015, 3.3 mil- much damage they have done to us. These countries have lax enforcement lion U.S. service jobs will have moved They still say we should deregulate of work rules, environmental rules, and offshore. So if you think you are safe pay rules. So it is cheap to produce Wall Street. That is the contrast. That because you are in a manufacturing goods. We have heard the statistics, is what this debate is all about, the job, forget it. No one is safe. No one. how the United States lost millions of contrast. Whatever your income level is, what- Do we want to move forward? Do we manufacturing jobs in the last 10 ever part of the country you are in, want to move forward and write tax years—in New York, 90,000 manufac- whatever industry you are in, no one is turing jobs in the last 3 years alone. law and trade law that will create a safe. By one estimate, about one-fourth One-third of our manufacturing base middle class so we do not see another of all U.S. jobs possess characteristics has disappeared nationally. In fact, I American Standard close in Ohio and that make them susceptible to out- recently read that the United States another Ohio Art Company close and sourcing within the next 10 to 20 years. has lost 42,000 factories since 2001, and SHERROD BROWN, my colleague, another vacuum cleaner producer and 75 percent of those factories employed talked about Ohio and New York. Fish- another Huffy Bicycle company close more than 500 workers. The bigger fac- er Price Toys, well known. Three loca- in Ohio and move offshore. tories leave. Forty-two thousand fac- tions in western New York—started In the end, it speaks volumes about tories closed, most of them employing there. In 1990, they stopped manufac- Republican loyalties, loyalty to these more than 500 people. turing in East Aurora and Holland. In large corporations that outsource jobs, I think of the people I have met who 1997, they closed the plant in Medina. no real loyalty to communities, no real have lost their jobs. I go around my Two thousand jobs were lost when the loyalty to these small companies, and State and sit down with people who three manufacturing plants closed. In no real loyalty to workers. When a cannot find work. They come from all 2001, they moved all their manufac- plant closes, we know the heartache it walks of life. I wish to tell you about turing to Mexico. Fisher Price still has brings to the worker, to the families. Clay, a high school graduate who rose a call center in East Aurora as well as We know the damage it does to com- to the top of his industry in tool and its headquarters. Now they are consid- munities as they lay off teachers and die. He had a great life, married, six ering moving the call center to India— firefighters and mental health coun- children, so his wife did not work. both manufacturing and service. selors and libraries and police officers Clay lost his job a year and a half ago Syracuse China. Famous. Founded in and we know what it does to the wealth because his company downsized, be- 1871. These are companies that go with of our country and the standard of liv- cause they were sending jobs overseas. the communities. They started and ing of far too many people. Here is what Clay does every day, grew with them. It is in Geddes, a sub- The question ultimately is: Whose every week. He wakes up Sunday night urb of Syracuse. Onondaga Pottery side are you on? One thing for sure, it in upstate New York, drives down to Company is what the name was when it is clear who is on the side of working Virginia. He looks for work in his started. families in communities. That is why field—he is a highly skilled tool and If you went to a restaurant or a this legislation is so important. That is die worker—in Virginia. Tuesday, he hotel, you were eating off Syracuse why we need to move on fixing our goes to Washington, Baltimore; China, one of the region’s oldest manu- trade law and our tax law, so manufac- Wednesday, to Philadelphia, Allentown facturers. In 2008, after considerable turing jobs begin to move back to this and others; Thursday, in the New York downsizing, they closed their plant in country, and we can protect that indus- City area; and then goes back home Salina, 275 jobs. You can still get Syra- trial base that is so important for our Friday to find a job. cuse China. It says ‘‘Syracuse China’’ national security and so important for When he comes in the door Friday on the plate or on the cup or on the the economic security of our families night, there is his wife and the kids, saucer, but it is made in China, not in and of our communities. aged 2 to 14. You can bet a majority of Syracuse. I yield the floor. them look at him and say: Well? These Watson Pharmaceuticals, high-end The PRESIDING OFFICER. The Sen- are not just statistics. There is a Clay company, Putnam County. Five hun- ator from New York. in every community, many Clays in dred jobs, high-end jobs in Putnam Mr. SCHUMER. Mr. President, first, I every community. That is just manu- County, a growing suburb, moved to wish to thank my colleague who has facturing. India. spoken before me. The reason we are Service sector jobs are going. I think NXP Semiconductors. Again, you here tonight is because Senators of Dorothy, whom I met. Dorothy lost think: Oh, semiconductors, that is a

VerDate Mar 15 2010 22:04 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00034 Fmt 4637 Sfmt 0634 E:\RECORD10\RECFILES\S27SE0.REC S27SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 27, 2010 CONGRESSIONAL RECORD — SENATE S7489 big, new growing industry. I am going this legislation puts the incentive back Under that same bill, eight new tax to be safe—600 jobs. East Fishkill, where it should be. cuts for small businesses became effec- Dutchess County. Europe and Singa- Some say that this provision puts tive today. pore. U.S. companies who open foreign sub- These are real results. So we should Pfizer, largest pharmaceutical com- sidiaries at a competitive disadvantage not stop trying things. pany in the world, used to have signifi- to U.S. companies that don’t. But I say Right now, no issue bothers Ameri- cant manufacturing operations in that is just plain false. Under current cans more than the nonstop flow of Rockland County. But as part of their law, if you have two companies in jobs overseas. With this bill, we have a worldwide restructuring, after Pfizer Oswego that are both going to expand chance to do something about it. We purchased Wyeth, 1,500 jobs gone to Ire- capacity and create 100 jobs, our Tax can help the American dream launch a land, Belgium, Canada, Puerto Rico. Code puts the company that chooses to comeback. We could all tell a few stories in keep the plant in Oswego at a competi- This is not a Democratic or a Repub- every one of our States. I guess some of tive disadvantage over the company lican issue. Every single one of us has us, I hope everyone on both sides of the that chooses to move jobs to China. factories that have closed. Families aisle knows the Dorothys and the Clays Our bill would level the playing field, don’t have it easy anywhere in the and the others who give this reality. so that companies that keep jobs here country. But there is another element to this aren’t penalized. Politics is supposed to stop at the debate. When companies move produc- These two measures will go a long water’s edge. The flow of jobs should, tion overseas, it takes a human toll. way towards fixing the problem of out- too. Here is the most telling statistic of the sourcing. But our bill doesn’t just rely So before we leave for the year, let’s last 10 years. From 2001 to 2007, a pe- on sticks, it also contains a big carrot. come together to take up and pass this riod of prosperity, median income went That carrot comes in the form of a measure to reverse this trend. down. Even though we were prosperous, major tax cut. We propose giving com- I yield the floor. even though average income went up, panies a tax cut—an actual cut, not a The PRESIDING OFFICER. The Sen- wealth went up, GDP went up, but for credit—for every position they bring ator from Massachusetts. the average middle-class person, in- back to America from overseas. Mr. BROWN of Massachusetts. Mr. come buying power went down. There As long as the company can prove President, I am a little under the are no statistics, but it would be hard the employee is doing work that was weather, so if my voice fades in and not to assume that a good amount of it once done overseas instead, the com- out, I will do my best to muscle was because of outsourcing. pany won’t have to pay the 6.2 percent through it. It has been a tough three Last week, there were headlines social security payroll tax for that em- against one in a battle like I will have quoting economists saying that, tech- ployee over a two year period. to do for the next half hour. nically speaking, the recession was For a $60,000 factory worker, that is a I enjoyed the signs. I didn’t bring over. Let me tell my colleagues, to the $7,440 tax cut. For a $100,000 manager, one. Maybe I can borrow that sign be- average middle-class person whose pay- it is a $12,400 tax cut. That is real cause I agree, it should be made in check is lower because they have less money. And it is not a tax credit that America. How are we going to do that income, the recession ain’t over. To a business has to wait a year to re- when we make America uncompetitive, most Americans, it sure doesn’t feel ceive. It is tax revenue that isn’t col- when we don’t give America the tools like a recovery yet. The bottom line is lected in the first place, much like the and the resources businesses need to be that there won’t be a true recovery HIRE Act that we passed back in competitive worldwide? This is not a until we create jobs in America, in the March. So it is a tax cut that puts cash U.S. economy solely where we just sell U.S.A. If we want to get our economic right in the pocket of a business, small to Americans; we have to sell and com- prosperity back, we need to bring the or large, with no strings attached. pete worldwide. jobs back. We need to have ‘‘make it in For once, rather than reward out- I know I have said this before, but I America’’ become a reality on the floor sourcing, let’s give employers an incen- am the new guy. I am the second new- of this Senate legislatively. tive to bring jobs home. I don’t think est guy here now. What I have observed With this bill, we make our boldest that anyone who supports the motion is that there is plenty of blame to go attempt to reverse the trend of out- to proceed on this bill believes that around. We talk about President Clin- sourcing. We do it in three ways. this modest piece of legislation is a sil- ton and everything wonderful he did. First, the legislation eliminates tax ver bullet that will end offshoring. We Yes, he did some great things, but he breaks for firms that move facilities need to do much more. We need to en- did it with a Republican Congress and offshore. force our trade laws; we need to push their help as well. It was a bipartisan Amazingly, right now if a company China on its currency practices; we effort to solve problems. Unless I am were to shut down a factory in Syra- need to reform our tax code to make it mistaken, the majority party has been cuse and move those jobs overseas, the simpler and more streamlined and rep- in the majority for the last 5 years, company could deduct from their taxes resentative of the modern economy; we with the Presidency for almost 2 years. the expense of closing that factory and need to get our fiscal house in order; You don’t hear about the problems we the expense of shipping the materials. we need to invest in science and edu- have had since that happened. I say This legislation would end that. cation and infrastructure. We still have there is plenty of blame to go around. Second, the legislation ends the Fed- a lot to do to put America firmly on Quite frankly, the rhetoric is white- eral tax subsidy that rewards U.S. the road to prosperity. hot. We should try to solve problems firms that move their production over- But every step counts. instead of pointing fingers at each seas. Under current law, U.S. compa- Earlier this year, as I just men- other and saying that back then this nies can defer paying U.S. tax on in- tioned, this chamber passed the HIRE happened or back then that happened come earned overseas until that in- Act, a measure I worked on with Sen- and we should do it this way or that come is brought back to the United ator HATCH. It provided a payroll tax way. We have to focus on today, what States. This provides an incentive to break for companies that hired an un- is happening today. keep that income overseas and employ employed American. Already, through Right now, we are not competitive. people there. September, 5.6 million eligible employ- To think this effort to so-called close a Our bill says that if you close down ees have been hired under the act. corporate loophole is going to help— your operations here in the United Just today, President Obama signed have you actually gone out to busi- States and reopen overseas, you no the small business bill that Repub- nesses and asked: Will this help you? longer get to defer paying your taxes. licans repeatedly tried to block in this Are you in favor of this? This should be a no-brainer. Chamber. As a result, 1,400 small busi- It doesn’t work unless we also lower It is perverse that American tax- nesses signed the dotted line today on the corporate tax rates to make them payers provide benefits to firms that a loan that no bank would provide. competitive worldwide; otherwise, if offshore jobs. By rewarding the compa- That is $730 million worth of credit we keep the corporate tax rate the sec- nies that bring jobs back to America, that flowed just today. ond highest in the world, we are just

VerDate Mar 15 2010 22:04 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00035 Fmt 4637 Sfmt 0634 E:\RECORD10\RECFILES\S27SE0.REC S27SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7490 CONGRESSIONAL RECORD — SENATE September 27, 2010 going to chase huge amounts of jobs ble, especially if we don’t mirror it tecting corporate America. I hear it in overseas. We are going to exacerbate with a corporate tax rate reduction to everything else. It is usually Wall the problem we are experiencing now. counter the moves that will absolutely Street. Up until this year, I have never I often wonder, why does it take the happen almost overnight. been on Wall Street. I think I walked Chinese less than a year to build, say, If you think that by doing this, jobs through it once. I am fighting for the a 500,000-square-foot building? I have are going to come flooding back—if people of this country, the people of experiences with shopping malls, just you fire a foreign worker and hire a my State, to get us financially viable, to put on an addition, and it takes U.S. worker, you get a tax credit. Oh, to get us to solve problems. years, the siting, the permitting, the that will really work. How about if you Sometimes I am the 41st Senator. I regulation at the local level, the har- do this, you get a payroll tax reduc- am. When it comes to debt and spend- assment businesses get. If you are a tion. Correct me if I am wrong, I made ing and taxation, I am going to be the business or a corporation, the men- that offer about 3 months ago, a pay- guy who is going to hold it up to make tality is that you are evil, that you are roll tax reduction paid for by sure we don’t go further in debt. When not good. We should be embracing busi- unallocated stimulus dollars. I got four I got here, $1.95 trillion was the na- nesses for employing. What is a cor- votes. tional debt. It is over $13.2 trillion now, poration? Last I heard, it is a group of Want to talk about jolting the econ- in 7 months. individuals forming together to take omy and giving money to people? Want I have been blessed. I am so honored advantage of protections and opportu- to talk about helping corporations and to be here. You can’t even imagine my nities to expand and be competitive businesses stay competitive? How life. I am the most honored guy to be globally. Since when did being a cor- about making the R&D tax credits per- here in this Chamber. I have been hon- poration become a bad name in Wash- manent. How about fixing that 1099 ored to visit the troops in Afghanistan. ington? Am I missing something? How mess? How about accelerated I went to Pakistan, Dubai, Israel, Jor- do you think we are going to get out of deappreciation for small and medium- dan in that 7-month period. The thing this economic mess? It is not going to size businesses to give them incentives that was fascinating to me was, from be by hammering corporations and to create jobs? Do you know how much the kings and queens and prime min- small mom-and-pop businesses and money is on the sidelines? I have done isters and leaders all over those re- raising taxes in the middle of a 2-year my homework. In this position, I have gions, all they talked about was jobs. recession. Are you kidding me? It to be prepared or else. Do you know That is all they talked about: jobs so makes no sense. High taxation, over- how much money is actually on the al-Qaida would not infiltrate their regulation, reregulation, siting, per- sidelines? youth, to get produce to market, to se- mitting—take the municipal laws and Corporations and businesses are say- cure the region so we can leave—jobs, regulations, couple them with State ing: You know what, the health care jobs, jobs. laws and regulations and Federal laws bill, that is going to cost me about $440 I am sorry, Mr. President. If I faint, and regulations, then throw in the EPA million. will you save me? Thank you. I felt it just for the heck of it, or any other One corporation in Massachusetts, was that important to come and make agency—the National Labor Relations one of the biggest employers, has the my point that I have been here about 7 Board; just pick an agency—then throw market on a device that saves people’s months, and we have spent 10 days in the taxation levels at the city and lives; hires, I guess, about 25,000 people talking about jobs. Am I on a different town levels, State levels, the Federal throughout the world. If we do this, if planet or something? We should be level. Why do you get out of bed to we close this loophole, so-called, those talking about jobs every single day we turn on the lights? Are you kidding jobs that were in Massachusetts in the are in session. We have spent 4 days, 3 me? What is the incentive for people to United States are going. So let me see, or 4 days talking about the DISCLOSE actually keep jobs in the United States it costs them $200 million because they Act. Give me a break. Do you think the of America? are a medical device company. Then 15 million, give or take, unemployed In Massachusetts, the NFIB and AIM, with the implementation of the health people throughout the country are con- Associate Industries of Massachusetts, care bill, that is another $240 million. cerned about the political content of have deemed Massachusetts the worst So that is $440 million. So where does political ads in the middle of an elec- business climate in decades. That feel- that come from? R&D, employees, ex- tion season to give one party a tactical ing is around the country. When I got pansion? Why would they hire or even advantage or are they concerned about elected, they sent a very powerful mes- talk about hiring workers? Why? jobs? I know the people I speak to in sage. They were tired of business as That is just one effort, one thing that Massachusetts and throughout the usual in Washington, the disconnect has been passed by this Congress and country want to talk about jobs. when we deal with taxes and regulation this administration to crush jobs. It How can we do it immediately? We and debt and spending. You don’t seem crushes Massachusetts’ businesses and can talk about the R&D tax credit and to have learned the lesson. jobs. We already had 98 percent of our making that permanent. That 1099 We are going to do something right people insured. Now we are getting bill—there is no reason we can’t take now where we are going to offer a little lesser coverage, potentially longer that separately and put it forth in a bi- piece of candy by offering a potential lines, $1⁄2 trillion in Medicare cuts. Give partisan manner, clean up-and-down tax break for closing a corporate loop- me a break. There is no end in sight. vote to protect the small businesses hole. The majority party is apparently The true numbers are coming out. that are getting crushed through pa- protecting Main Street. Isn’t that nice. So why would a corporation or a perwork. There is no reason we should Apparently, I, the new guy here, am mom-and-pop business or anybody who not be able to fix that. If we can’t do protecting Wall Street, apparently, and is even thinking of starting a business that, we are in deep trouble. Acceler- big corporations. I didn’t know that. I make that effort? Why would they even ated depreciation, an across-the-board thought I was fighting for the people of bother to open the door? There is the payroll tax reduction, a freeze on Fed- Massachusetts to get this body work- high cost of doing business, transpor- eral hires, a freeze on Federal pay in- ing together to solve real problems. tation costs, energy costs. They are creases—I know it is not popular, but Enough of the rhetoric. Enough of concerned about cap and trade. They we have to look at these things. We the blame. Enough of the posturing for are concerned about maybe card check. have to look at entitlements. We have the upcoming November elections. How They are concerned about a whole host to collect moneys owed to us from con- about just solving problems? How of things that are keeping them on the tractors whom we overpaid or through about getting our country moving sidelines. To take this and throw this fraud and abuse. Common sense, folks. again and get us competing globally? in, forget about it. The thing I kind of get sad about—I We just can’t wave a magic wand and The one thing I didn’t hear and I know it wasn’t popular in some circles all of a sudden the tax policy in the thought I would was that Main for me to work on the financial reform United States is competitive with the Street—you know, you guys in the ma- bill. I got a lot of heat. But I looked at world. If we do this, if we move this jority party, you are protecting Main it, and I said: That doesn’t include forward, we will be in deep, deep trou- Street. I didn’t hear that I am pro- Fannie or Freddie. I know that. Do we

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But do you nance Committee, said he was worried going to finance the fillings in your know how many times the majority that this bill would put the United teeth to be all encompassed in this party has voted with me? Zero. OK. So States at a ‘‘competitive disadvan- thing? We are going to allow that? I am the party of no thing, I will tell you tage.’’ Those words are his, not mine. not going to allow it. I knew they had what, it is getting a little old—from This bill puts the United States at a the votes anyway, but I took the time the administration and the majority ‘‘competitive disadvantage.’’ I believe to work it through. I will tell you party, a little old. The numbers do not that in my heart. Again, echoing his what. Since I have been here, that is speak for themselves on that one. words, this bill will make American the most proud I have been to work I do not want to seem like a downer, multinational companies less competi- across the aisle with people for what Mr. President, because you are a good tive. So it is not just Republican Sen- we did—11 weeks, I think, working man. I respect you greatly, and I re- ators. My colleague, whom I have great with every thinker and leader in this spect the people who spoke prior to me. respect for on the other side of the country when it dealt with financial Being here and being in this historic aisle, is questioning also the wisdom of issues. Chamber—are you kidding me? To be this legislation. I have to admit, I learned a lot, sleep- part of this process is like the greatest Having the second highest corporate ing 5 hours a day maybe, slept in my honor in the world. Aside from my tax rate—I notice my colleagues who office trying to figure it out and do it marriage and the birth of my kids, this spoke earlier said—well, I do not want right. I was the most proud to work on is it. And to think we are wasting this to characterize how they speak. But that bill in a bipartisan manner. I am amazing opportunity, this amazing op- the companies that are going overseas, part of history. Is it the best bill? No. portunity to get our country competi- yes, they are taking advantage of lower Is it going to get better? I hope so. Can tive again and to get us firing on all tax rates. Absolutely. But you would we fix it after November? I hope so. Did cylinders. believe, in listening to them, that we close TARP? Yes. Did we stop too You cannot tell me we cannot find there are also lower labor costs as well. big to fail? Yes. Did we stop the bank one thing to agree on. The leaders can- Yes, in some countries that is abso- tax? Yes. Did we do a lot of things peo- not get together and find one thing? lutely true. But in places such as Bel- ple are concerned about? Yes. Did we Take the Energy bill. You are telling gium and Ireland, I respectfully dis- do some things wrong? Yes. But—do me we cannot do one thing, take the agree. Companies are doing this to get you know what—ever since we got back easiest thing everybody agrees on and a good solid workforce, paying good after July it is as though we do not do one thing, make it clean and get it wages, but taking advantage of the 11- talk anymore. We are just filing bills through, and send it over to the House percent, 12-percent corporate tax rate with no hope of them passing. and make sure it comes clean and not versus a 35-percent corporate tax rate. The Defense authorization bill—give filled with a substitution bill and But I have to take exception to the me a break. I remember being in com- comes back clean? Can we do one statement that everybody is going mittee on the Defense authorization thing—just one? Am I the only one who overseas to take advantage of the tax bill. I was sitting there in the Armed believes this? rates. Services Committee, all eager, ready to I get that the bill on the floor to- Well, yes, this is a global economy. go, being someone who was in the mili- night is important to the majority We are fighting a battle here. And tary. ‘‘Gosh, I am going to make a dif- party, and I respect that. I do. I get it. when China can do the things they are ference. I am going to make a dif- And pollsters, if you listen to them— doing and basically provide—well, let’s ference, everybody.’’ You get there, which I tend to not—when they talk step back. I remember growing up, and and it was an invigorating process. We about companies that ship jobs over- you would look at space exploration, worked our tails off. The chairman seas, I get that too. I understand that roads and bridges, and teachers, and all said: ‘‘You know, SCOTT, the things you is bad. But it is what is in play now. If that, R&D tax credit money, all that are concerned about that affect Massa- we change this one thing and not great stuff we would use to lure busi- chusetts and the New England area, we change and reduce the corporate tax nesses from other parts of the world will do it on the floor.’’ ‘‘Oh, good.’’ rate to make them have an incentive here. Do you know where that is now? I find out when it gets to the floor to staying, it is not going to work. It is all debt service to China. So when the amendment tree is filled. We were I believe without a doubt this bill I see and when I speak to the compa- offered 20 amendments. That is not will cause real harm to the economy, nies back home in Massachusetts, and good enough. The process is about just and that job creators are united in they say: We need A, B, C, and D, I am scoring points, political points for No- their opposition to this legislation. I like, we have no money. It is all in debt vember. I think the American people guess it is bad to make money in service to China right now. I would are fed up. They are tired of the rhet- America, to pay the bills. I am in favor love to give it to you. oric. They are tired of the finger point- of corporations making money. I am in So how do we get our financial situa- ing. They are looking for leadership. favor of the employees making money. tion moving forward? We are not going They are looking for somebody to say: I am in favor of free trade and free en- to do it by having the tax cuts expire. Do you know what? Sometimes I am terprise. I am also in favor of govern- We need to address the tax extenders. going to be the 41st Senator, but other ment regulation. It has its place. But We cannot play games and push it off times when it comes to getting this the government needs to know when to and push it off. How about the death country moving, I am going to be the get out of the way too and to stop over- tax? Oh, my God, how many billion- 60th Senator. I do not care if I get re- regulating. There is a role for govern- aires have died and we have not gotten elected or not, but while I am here, I ment, absolutely. But government a penny? Good for them. One over on am going to fight every single day to needs to know when to get out of the the government. But is it good for the get this country moving again because way, to let free enterprise, free mar- Federal Government to not get a piece? we are in deep trouble, folks. And if ket—you cannot regulate every single I am all for people getting money, but you do not recognize it, by doing this thing. You cannot do it. we have not even addressed the death piece of legislation—this is helpful? It I have gone around. I have tried to do tax. is not helpful on its own. They say: my research. As I said, I have to. The I remember in my first caucus, when Well, it is the first step. major employers in Massachusetts I went in, we were talking about it, and Do not come to me with a first step. whom I have talked to—and we have a in the second caucus, the third caucus, Come to me with a real plan, one that tremendous amount, thank goodness. the fourth caucus, and on and on. It is is comprehensive and can actually They are not hiring, but they are there. time to kind of come together to solve work and that can get some full sup- They are not going to expand because some real problems so tax planners and

VerDate Mar 15 2010 22:04 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00037 Fmt 4637 Sfmt 0634 E:\RECORD10\RECFILES\S27SE0.REC S27SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7492 CONGRESSIONAL RECORD — SENATE September 27, 2010 families can kind of get their planning of this taxing, too much debt, too overtake us. They are more competi- done. It is all about uncertainty. The much spending, too much borrowing tive. They are not playing by the rules. reason we are in part of this mess is be- freezes business in its tracks. They are doing things cheaper in those cause of the financial uncertainty asso- Now we have this Creating American countries, opening call centers, steal- ciated with the continued overregula- Jobs and Ending Offshoring Act. I am ing American jobs. tion, the fear of more taxation, the fear new here too. I have been here about a Let me tell you, I have had the op- of governmental interference, and the year. But you can mark my words, portunity to travel to some of these things we are trying to do. You can go when you hear a title like that, you countries in my stead as a Senator. on and on and on. better read the details. Boy, it sure And on its best day, India is not as So as I said, what is the point? Why sounds good. We want to end the good as we are on our worst. There is even bother getting out of bed? offshoring of jobs. Who would not be nothing America can’t do. There is Mr. President, may I ask, how much for that? It sounds great. But the truth nothing Americans can’t do. time do I have? of it is, you are going to tax American The thing that is failing America The PRESIDING OFFICER. The Sen- corporations that are doing work in now is this Congress and this govern- ator has 6 minutes 20 seconds. foreign countries. You are going to ment. What we should be doing is cre- Mr. BROWN of Massachusetts. Six double tax them under this proposal ating certainty. What we should be minutes 20 seconds. and make them uncompetitive. doing is approving the three free-trade Mr. President, I am fading fast, and I So when Caterpillar sends bulldozers agreements that we still have out- would ask if my colleague wishes to to India, they are going to be taxed standing with Colombia, Panama, and take the remaining part of my time. more, which is going to hurt the folks South Korea. That would get Ameri- The PRESIDING OFFICER. The Sen- in this country who are building bull- cans back to work. What we should be ator from Florida. dozers. You can apply that to any busi- doing is cutting the payroll tax across Mr. LEMIEUX. Mr. President, I ness that is doing work overseas. We do the board for every employee and every thank my colleague from Massachu- not need to be discouraging exporting. employer. Let’s cut it temporarily by 3 setts. Before I walked down to the floor We need to be encouraging exporting. percent. Let’s give every employee a 3- tonight, I was watching him on tele- We know when we invest in exporting percent pay raise and every employer 3 vision as he gave his remarks. I know we get a huge return on investment. percent more that they can use to hire he is more than a little bit under the That is what we should be doing. But new employees, buy new equipment, weather. I thank him for his com- that does not make a nice sound bite. and get Americans back to work. ments, and I thank him for his refresh- That does not sound good right before People in this Chamber are willing to ing point of view because he comes an election. work across the aisle to be problem here as a common man to try to do the We should not be imposing more solvers. I did that on the small busi- best he can for the people of Massachu- taxes on businesses that are trying to ness bill because it was the right thing setts and the people of this country, create jobs overseas which employ for Florida, and it was the right thing and he knows in the short time he has more people in this country. That is for this country. been here that this system is broken. It uncompetitive. That does not make Let’s not demonize each other. Let’s is not working for American families. any sense. What we should be doing is not demonize American business be- It is why Americans are so upset at reinstating these tax cuts that have cause we know American business is their government. been around for 7 and 9 years respec- what creates jobs. We don’t need to It is not America that is broken. It is tively and not raising taxes in the mid- create more government jobs. We need the government that is broken—a gov- dle of a recession. Can you imagine to create more private sector jobs. ernment that is now saying: We do not that we are going to go back for the That is what is going to get this econ- want you to profit. We do not want the next month and businesses in our coun- omy back up and running. business to succeed, sending all the try are not going to know what their What I fear is what Senator BROWN messages that say America is not open tax rate is next year. And people won- talked about and his notion of why you for business, with too much regulation, der in this Chamber why people are not get up in the morning. Is the next Bill too much taxes, too much spending, hiring. Because there is too much un- Gates who started Microsoft, is the too much uncertainty, too much of certainty. They do not know what next Hewlett Packard who started that Congress pulling these big levers on their taxes are going to be. company in their garage—the next in- government and on the economy that Do you know what businesses want? novator, the next entrepreneur—just stops job creators in their tracks. They want a level, fair playing field, going to say: Look, there is too much When I visit businesses in Florida, as and they want predictability. All this taxes, too much regulation, too much I often do, they tell me: Look, Senator, government does, all this Congress uncertainty; I am not going to go pur- we do not know—actually, they call me does, is change the rules every couple sue that idea. Have we taken away the GEORGE—we do not know, GEORGE, months to make things unpredictable. American dream? As someone just re- what is going to happen with our busi- I heard my colleague from New York cently said to the President in a town- ness. We do not know what this 2,000- talking about the fact that the last hall meeting: Is this my new reality? Is page health care bill is going to do for decade was lost to the middle class, the American dream lost? our business. Are we going to hire one that they lost wages, that they actu- It is not. We will get through this. more employee and fall under some ally went down, not up. That is some- But we are only going to get through new fine or mandate? Is this financial thing that appeals to all of us. But gov- this when we realize that government regulation bill going to make business ernment is not going to be the solution is not the creator of jobs, the private more expensive? to that problem. Government is not sector is the creator of jobs. Our obli- Small businesses, medium-sized busi- going to fix that. The private sector is gation is to have regulation for it to be nesses, and the few large businesses we going to fix that. fair, to make sure people don’t cheat; have in Florida are frozen in their Why are we demonizing business? otherwise, our job is to get out of the tracks. They will not hire. Worse still Why are we demonizing profits? This way and let business succeed to employ now, we have these tax cuts that are has never been a country where we said our people and allow them to achieve set to expire at the end of the year, and we are going to bring you up by pulling their dreams. This bill doesn’t do that. these businesses do not know what other people down. This has been a It makes us less competitive. It will their taxes are going to be. Is their tax country where we said we will give you hurt jobs. on their dividends going to go up? Are the opportunity to succeed, and then What we should do is reinstate the capital gains going to go up? Are they you can be rich too someday. tax cuts to create certainty and not going to be paying a higher tax rate That is the American dream. That is raise taxes in the middle of a recession. themselves because they file as if they what separates us from every other We should cut payroll taxes, we should are an individual because they are a country in the world. We look on these approve the free-trade agreements, and subchapter S corporation? All of this other countries such as India and we should focus every day we are here uncertainty, all of this regulation, all China and say, look, they are going to on jobs, not on campaign election laws,

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Unemployment is near 12 per- that. I am all for doing that, and I am to take away the incentives to ship cent. In some cities it is 14 percent. all for creating the kind of level play- jobs overseas—the subsidies that cause When we figure in the underemployed, ing field that was talked about as well. Americans to lose their jobs—turning it is more than 20 percent—people who We want to export our products, not around and then subsidizing the jobs want to work but can’t. Let’s give our jobs. But at every step of the way, overseas, and we want to create incen- them certainty. Let’s not raise taxes from the Recovery Act we passed 18 tives to bring jobs back. That is what on them, and let’s make sure we have months ago to focus on manufac- this is about. This adds to what the a level playing field for business so turing—making things in America, President signed today in terms of the business can do what business does clean energy, advanced battery tech- small business bill that creates jobs. best, and that is create jobs. nologies, jobs and infrastructure—from This is another step in our effort to With that, I see my time has expired. that time until now we have seen noth- make sure we are focusing on Amer- I yield the floor. ing but delay tactic after delay tactic ican jobs. The PRESIDING OFFICER. The Sen- after delay tactic, slowing down the We want to make sure we are making ator from Michigan. economic certainty that colleagues are it in America again. It is no surprise Ms. STABENOW. Thank you, Mr. now talking about this evening. So we we have lost the middle class as we President. want that certainty. have lost manufacturing. Our ability to I have found it interesting, having We want certainty for middle-class have good-paying American jobs is the opportunity to spend this evening families in this country who have been built on the premise of a foundation listening to colleagues on the other torn apart because of the fact that we that says we are going to make things side of the aisle. A lot of things have have lost jobs. We have lost 4.7 million in this country. We are going to make been talked about except the bill we manufacturing jobs in this country things. We are going to grow things. are going to be voting on tomorrow. We under the policies of the last adminis- We are going to add value to it. That is certainly want to focus on the legisla- tration that now, we were told last what has created the middle class of tion we will have an opportunity to week, they want to do again. The pro- this country. We are losing that. Peo- vote on together tomorrow to decide posals unveiled by our Republican col- ple are losing their jobs, losing their whether we are going to take up a bill leagues are exactly the same proposals futures, their ability to care for their that will stop shipping our jobs over- that cost my State 1 million jobs. We families, as we are seeing these jobs seas. That is what this is about. We are not interested in going back to shipped overseas. This bill is about want to make things in America again that. We want to keep on a course that bringing them back. It is one piece of and stop the incentives for shipping is going to get us out of the hole. the puzzle. Take away the tax deduc- jobs overseas. So what is this bill about? I will soon tions and bring them back. That is I also wish to indicate that today, turn this over to my colleagues to what this is about. talking about certainty—and I agree speak as well. What are we really talk- Tomorrow, the question is, Do you with my friends on the other side of ing about tonight? We are talking want to debate it? Do you want to the aisle that we need economic cer- about doing three things that will move to the bill? It is not final pas- tainty. I agree with that. It would be so bring jobs back that have been lost sage; it is voting to move to the bill so we can have the debate about creating helpful if everything was not filibus- overseas. These jobs have been lost to that certainty and creating jobs and tered and there wasn’t sand thrown in China time and time again. They have making things in America again. the gears at every turn when we are been lost to India, lost to Brazil, lost trying to move forward and create eco- I see my friend from Rhode Island, to Mexico, and lost to many other and I wish to turn things over to him nomic certainty, making it take much countries because of a system we have because I know he is a passionate advo- longer in terms of trying to get to eco- that doesn’t have a level playing field cate for jobs, as I am. We often share, nomic certainty. But I agree, and we on trade, is not enforcing our trade unfortunately, the same kinds of con- agree, that we need certainty. laws, having some trade agreements I wish to commend the Senator from cerns about jobs in Rhode Island and that are not fair, and then having in- Michigan. I know the Senator from Florida for working with us on the centives that reward companies to Rhode Island cares passionately about small business jobs bill that was just write off their costs here while the jobs bringing those jobs back to America. passed. The previous speaker said we are shipped overseas. So we want to The PRESIDING OFFICER (Mr. DUR- need bonus depreciation. Well, but that stop that. BIN). The Senator from Rhode Island. particular Senator and the majority of This bill, in fact, would prohibit a Mr. WHITEHOUSE. Mr. President, the Senators voted against that in the firm from taking any deduction, a loss let me first thank the Senator from small business bill. We need to extend or credit, for amounts paid in connec- Michigan who has worked so long and expensing provisions, we were told a tion with reducing or ending the oper- hard on this. We do, indeed, have in while ago. Well, the majority of Repub- ation of trade or business in the United Rhode Island the distinction of being in licans voted against that. We need tax States and starting a similar trade or the top three or four States for unem- cuts for small business, we were told. business overseas. What is that about? ployment for month after month after Well, we just had a bill with $12 billion Well, we don’t think American tax- month. Rhode Island is still hovering in tax cuts for small businesses that payers should have to pay the bill near 12 percent unemployment. the majority of the Republicans voted through a deduction or a credit while For a State that was once the manu- against. Again, with all due respect to their jobs are being shipped overseas. facturing capital of the world, for a my colleague from Florida who reached Companies shouldn’t be able to write State that was once the place where across the aisle and helped make that that off their taxes. the industrial revolution was sparked happen—and we are very grateful—but We are also saying through this bill off, to be in this situation is very pain- I have been listening all evening to that we want to end the Federal tax ful for a lot of Rhode Islanders, and it people talking about how we need tax subsidy that rewards U.S. firms that is particularly painful and frustrating cuts who just voted against tax cuts. move their production overseas. Fi- to have that situation exacerbated by They have talked about how we need nally, we want to provide a carrot to our country’s tax and trade laws. At certainty, and certainly one of the say, if in the next 3 years a company last we are getting around to doing areas where we need certainty is in closes down operations and brings jobs something about it. small business lending, and we have back—and we have success stories like So I am here today in strong support just created that. that to tell of companies that are doing of the Creating American Jobs and

VerDate Mar 15 2010 22:04 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00039 Fmt 4637 Sfmt 0634 E:\RECORD10\RECFILES\S27SE0.REC S27SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7494 CONGRESSIONAL RECORD — SENATE September 27, 2010 Ending Offshoring Act. I wish to speak wherever. Those machines that were of Republicans, the same entity that a little bit about the bill itself because unscrewed, unbolted from that Rhode represents all the big multinationals— one of the things I have noticed about Island shop floor and shipped to South Exxon, BP, the big insurance compa- my colleagues on the other side is that America so that South American work- nies, the big banks, the folks charging they have spoken about anything and ers could run them—the cost of that you a 30 percent interest rate on your everything. They have spoken about was a tax deduction subsidized by the credit card. That is whom these people taxes. They have spoken about the def- American taxpayer. That simply represent. Again, they bring this idea icit. They have spoken about wages. doesn’t make sense. to the table: They have spoken about every eco- If we want to send a message that we Replacing a job that is based in another nomic issue they can bring to mind, are tired of sending American jobs off- country with a domestic job does not stimu- but they haven’t spoken about this shore, then giving people a tax deduc- late economic growth or enhance the com- bill. Nobody has said this is a bad piece tion for doing that should be a practice petitiveness of American worldwide compa- of legislation; they just don’t want to that ends. We would end those tax- nies. get to it. They want to give long payer subsidies for the expenses of I will tell you what it does. It will en- speeches about macroeconomics rather moving American jobs overseas. hance the heck out of the economic than look at this bill and how it will That taxpayer subsidy is just the growth of the family who gets that do- help. It is a shame because we are just cherry on top—the big prize—for com- mestic job. It will enhance the heck trying to get to this bill. panies that are offshoring jobs. The out of the economic competitiveness of Last week, Leader REID made a pro- real money comes from their ability to a neighborhood that doesn’t have a fac- cedural motion that the Senate take defer paying taxes on profits they earn tory shipped overseas so that the com- up this legislation to address the epi- overseas. Here is an example. Let’s say pany can move the jobs offshore. I demic of companies laying off Amer- a company manufactures a boat in my don’t know whom these people are in- ican workers and moving their jobs State of Rhode Island. That company terested in—the U.S. Chamber of Com- overseas. pays taxes on its profits from selling merce—but it is definitely not the I was just in a facility in Rhode Is- that boat every year that it earns a American family, the American neigh- land a few weeks ago and there were profit. Let’s say there is a company borhoods or the American worker. ‘‘Re- machines running and there were peo- right across the street—a competitor— placing a job that is based in another ple working. But if you walked around that also makes boats, and it decides country with a domestic job. . . .’’ the machine shop floor, you could see that it is going to take its manufac- That is really astounding. marks on the floor marked off in tape turing and move it overseas to China. So we need to get to this bill, and we with holes where bolts had been taken They will make the same boat but will need to begin to reverse the decades- out. Those were machines that had make it in China and then sell it back long decline in U.S. manufacturing. been taken out of a Rhode Island fac- to the same U.S. customer. They are This cannot do everything, but it tory and shipped to South America so identical except that one company would be a first step. that South American workers could moved its jobs overseas. The company When we were growing up, the vast work those machines and sell the exact that moved its jobs overseas is not majority of the clothes we wore, the same products that had been made in obliged to pay income taxes on its prof- cars on our roads, and the food on our Rhode Island back into America. its from the overseas manufactured tables was all produced in the United So this is a very real and practical boat at that time. It can strategically States. That time has passed, that problem we have to face. With the kind defer and maneuver its taxing to pay it time is gone, that time is no more. of unemployment we have still in this later and use the money in the mean- Today, you would be hard-pressed to country, I hope every one of my col- time instead of having to borrow cap- find items in a department store that leagues, Republican as well as Demo- ital or pay it at a time when it has off- were made domestically. Just go to crat, will acknowledge that this is a setting deductions. This deferral gam- Walmart—it is China-mart. topic that is worthy of debate in the ing can be quite lucrative for the com- It is not just consumer goods either. Senate. panies that move jobs overseas, and it Earlier this year, I had a meeting with Senator LEMIEUX from Florida was can be quite costly for taxpayers. So an organization in Rhode Island that just here. He is a very distinguished we close this loophole too. runs one of our major ports. Together Member of this body, and I consider These tax loopholes that reward ship- with Senator REED, we were able to him a personal friend. He came forward ping jobs overseas have served as pow- argue successfully for one of the with a great list of ideas he believed we erful incentives for companies to do so, TIGER grants in the economic recov- should be considering in order to im- and the numbers bear this out. Accord- ery bill to help support this port so prove our jobs posture and move Amer- ing to our Bureau of Economic Anal- that they can grow jobs and add to the ica forward. Those were all fine ideas, ysis, 1999 to 2008, the number of U.S. business that comes to Rhode Island. and every single one of them he could employees of multinational companies Part of what they need to do is pur- have offered as an amendment if he declined by nearly 2 million—1.9 mil- chase and install a big cargo crane, a would vote yes to go to this bill. lion jobs—out of America from multi- port crane to offload the goods that Where we are is the Republicans say- national corporations. During the same come in and stack them so they can go ing we are not even going to discuss period, these same companies increased onto trains and trucks and off into this piece of legislation. So every good their foreign employment by 2.4 mil- commerce. Guess what we discovered. idea or what they consider to be a good lion—2 million jobs out of this country We discovered that the Rhode Island idea we have heard about tonight, bear and into foreign countries by American organization didn’t plan to buy the in mind their votes will prevent them multinationals. multimillion-dollar crane from an from offering amendments to imple- Some people think that is a wonder- American company. Do you know why ment those very ideas that they are ful idea. These are our friends at the that is? That is because no American claiming are good ideas. U.S. Chamber of Commerce. This is a company any longer makes a port This is a basic, smart piece of legisla- letter they sent on September 23 to the crane. No matter how much you want tion. The Creating American Jobs and Members of the Senate from the Cham- to buy a crane for an American port Ending Offshoring Act would close ber of Commerce of the United States from an American company, you can’t some really perverse loopholes in the of America: do it. We don’t make them any longer. Tax Code that, right now, reward Replacing a job that is based in another Something has gone badly wrong when American companies for moving Amer- country with a domestic job does not stimu- you go to the biggest retail outlet in ican jobs overseas. The law, right now, late economic growth or enhance the com- America and you can’t buy American- permits companies that close down petitiveness of American worldwide compa- made products—it is 90-plus percent American factories and offices and nies. from China—and when you go to a port move those jobs overseas to take a tax This is our U.S. Chamber of Com- and the crane that is unloading the deduction for the costs associated with merce, the same entity that is out run- Chinese goods cannot even be made in moving the jobs to China or India or ning ads trashing candidates on behalf America any longer.

VerDate Mar 15 2010 22:04 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00040 Fmt 4637 Sfmt 0634 E:\RECORD10\RECFILES\S27SE0.REC S27SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 27, 2010 CONGRESSIONAL RECORD — SENATE S7495 So we need to get to work. We need A and business B both doing the same wealthiest Americans will mean more to support our American manufac- product. But the one that decides to in- jobs. turing base, and we need to take the vest in America, to invest in Alaska, I just got back from a weekend in wrinkles out of the Tax Code that who competes against the person Alaska, for 21⁄2 days moving through make it advantageous for a company to across the street who decides to close cities, talking with folks. I have to be move those jobs overseas, with tax- up and go overseas, who gets tax honest. Only the people across the aisle payer subsidies and competitive advan- breaks and special benefits and sub- are thinking that because that is not tage against a company that is strug- sidies and other things, the person here what I hear back home. They see gling at home trying to do the right who is working hard every day to keep through it. The 97 percent who will re- thing and keep jobs here. Americans working is at a disadvan- ceive a tax break, a tax cut, middle- All we are asking of our colleagues is tage. It is clearly time that we stop class Americans see that benefit. But that they allow us to go to the bill and shipping our jobs overseas and make it the small 3 percent, 2.5 percent, they have this debate. When they come to right here in America. are not going to create jobs with that the floor and object to this procedural American manufacturing jobs have money, no question about it. As we all motion, and they have nothing to say been some of the hardest hit by the remember back in the Bush adminis- about this bill but only general bro- economic downturn. States that have tration, President Bush decided to ex- mides—I have had so many bromides significant manufacturing bases are tend these tax cuts to the wealthiest that I am ready for some Bromo-Selt- those with the highest unemployment Americans in the middle of the Iraq zer. They won’t talk about this bill. rates. war. The thought was this would spur The reason is that it is a good bill, and This legislation is a commonsense re- our economy and create new jobs. it would help American jobs, and they sponse to our job crisis. Under the bill, Not surprisingly, the exact opposite don’t want anything to pass now. I payroll tax relief will be rewarded to happened. The national debt doubled. urge them to change their minds. It is companies that hire employees domes- When President Obama was sworn into too important to let this opportunity tically during a 3-year period, begin- office, just before he was sworn in, over pass. ning now. The tax cut would come in half a million jobs were lost just in I yield the floor. the form of relieving the companies of that month alone before he was sworn I see my colleague from Alaska. paying Social Security payroll taxes on in. We have to stop shipping jobs over- The PRESIDING OFFICER. The Sen- each job that was brought back home seas and make it right in America. ator from Alaska is recognized. to this country for the next 2 years. I implore my colleagues on the other Mr. BEGICH. Mr. President, I have to This legislation also eliminates tax side to allow the debate, to allow us to say to the Senator from Rhode Island, breaks for companies that move jobs proceed. It is not complicated. we will get some of that water that overseas. I will repeat that because I will end on this comment and say, fizzes because we will need it as the people who might be watching are say- when I was a mayor, anybody could night goes on. ing: What do you mean, we give compa- bring any idea to the table. You could The point is simple. To the American nies tax breaks for moving jobs to an- debate it. Sometimes we debated until people, to the Alaskans who are watch- other country and not reward people midnight, sometimes we started the ing, this process we go through here, who work here? That is the case. We next day and debated some more, but which is really about getting us to a actually give breaks, which include de- ideas were debated. bill—that is what we are trying to do ducting expenses for companies that We are recovering from an economic so we can have a debate across the close their factories in the United crisis. We are, at the moment, to look aisle, have a discussion about what is States and move them overseas. I don’t at some new options, new opportunities the right policy when it comes to jobs know about all other taxpayers, but I to have our businesses thrive and move and how to make sure we do the right am taxpayer and a businessperson, and forward. I ask our colleagues on the thing regarding our economy. Instead that seems ridiculous that we would other side: Allow the debate to occur. of having to debate, they would rather give a tax break to companies that ship As a small businessperson, as a Mem- stop the motion to proceed and end the jobs overseas. Taxpayers subsidize ber of the Senate, I ask them to step to story. these companies. As I mentioned, our the table and let us move forward. I rise this evening for the same rea- tax laws currently reward these compa- I yield the floor. son many other folks are talking to- nies in many different ways for moving The PRESIDING OFFICER. The Sen- night—in support of the Creating jobs overseas. ator from Pennsylvania. American Jobs and Ending Offshoring Here is a startling reality—the data. Mr. CASEY. Mr. President, I com- Act. I believe we should reward compa- We hear a lot from the other side, and mend the remarks by the Senator from nies that keep Americans working here they are kind of good sound bites and Alaska and before him the Senator in our country. they get on the news and get coverage, from Rhode Island and others tonight. As a former mayor, and really longer but here is the data. This is how people One of the reasons we are here tonight than any time I have served in public should measure the success or failure is because we have been trying, over office, as a small business owner—that of the policy we have had regarding the last 18 months, to get some of our is what I spent my life around. I under- this issue. That is why we need to pass colleagues on the other side to join us stand the impact of legislation and this new legislation. Between February in job creation strategies. We had al- what it means for a business owner. As 2001 and February of 2009, almost 4.7 most no Senators—at the time just I have said in the Budget Committee million manufacturing jobs were lost three on the other side—join our side and on the floor, I am probably one of to overseas operations—4.7 million to pass the American Recovery and Re- the few who have filled out—in one of American jobs that were shipped over- investment Act. That legislation, the debates we had a couple weeks seas, like a parcel package. They are which we passed in the early part of ago—1099 forms. I understand what it gone. Between 1999 and 2008, employ- 2009, has created—one rather conserv- means for a small businessperson to ment of foreign affiliates of American ative estimate—about 3 million jobs. spend the time to try to build their parent corporations grew from 7.8 mil- But in an economy where we lost 8 mil- business and what it means. lion jobs to 10.1 million. That is an in- lion, we have to keep going and put in Tonight, in my view, it is unaccept- crease of 2.4 million jobs or 30 percent. place other strategies. able that we currently reward compa- Again, there are jobs that have been We passed the HIRE Act not too long nies that ship American jobs overseas shipped off, and then these American ago. When we pass a lot of legislation, while businesses that are doing their companies then produce jobs overseas it goes right by people. That HIRE Act best to provide decent wages and bene- that could have been produced here in provided a payroll tax credit for the fits are struggling just to make pay- this country. But they have not done hiring of an individual who has been roll. We should reward businesses that it. unemployed for 60 or more days. That don’t just keep but create jobs here at To my friends across the aisle, many has created a number of jobs. home. It makes no sense to me, when of you seem to have the impression We just passed a bill, and the Presi- you think about it—you have business that extending tax cuts for the dent signed into law today, the Small

VerDate Mar 15 2010 22:04 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00041 Fmt 4637 Sfmt 0634 E:\RECORD10\RECFILES\S27SE0.REC S27SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7496 CONGRESSIONAL RECORD — SENATE September 27, 2010 Business Jobs and Credit Act, a direct and introducing this bill to provide em- We are pushing and pushing to move infusion to small businesses across the ployer relief from the employer share this economy fully out of the ditch, to United States of America—$12 billion of the Social Security payroll tax on have a full and robust recovery because in tax breaks directly to small busi- wages paid to a new U.S. employee per- we know what happens when the econ- nesses. forming services here. omy recovers. We saw it in the late In addition to that, there is a loan In other words, we are trying to bring 1990s, during President Clinton’s two fund for our smaller banks, our com- jobs back to the United States. We are terms in office. We not only had recov- munity banks, to provide most of the not saying this bill is a magic wand ery but tremendous growth. We were capital to most of the businesses in that solves all our economic problems. investing in priorities such as health America because we know small busi- One bill is not a recovery, but it is an- care and education and the skills of our nesses create most of the jobs. other forward step in furtherance of workers for the future for a stronger We have been taking step after step. that objective to lift this economy economy. We had not only eliminated None of it is perfect. Not one bill will completely out of the ditch it has been the deficit—the Congress and the Presi- lead to a full recovery. But we have in for far too long. dent at the time—but the surplus was been trying to push this economy—the We know this did not happen over- $236 billion when President Clinton left image of coming out of the ditch we night. We know our economy did not office. He handed that to President have all used is a good analogy. One fall into a ditch overnight. We also Bush. bill is one push. One bill is not enough know the loss of manufacturing jobs When President Bush handed over to get this economy fully recovered, did not just occur over the last several the keys to the White House, so to but we have been making progress. years. It occurred over many years. speak, to President Obama, the $236 Today we come together, once again, But if you just look at the last 9 or 10 billion in surplus was now $1.3 trillion to try something we have advocated years, I know, for example, in Pennsyl- in deficit. That is where we are today. again: to try to take some steps to stop vania we lost over 200,000 jobs. The best We are still recovering, despite a lot of the offshoring of jobs, the shipping of estimate is 207,000 jobs just in Pennsyl- steps, to have a full recovery. But we jobs overseas because we have the vania that are categorized as manufac- cannot fully recover if we are going to wrong tax policies in place. turing jobs. In some States it is a lot continue to subsidize the movement of What does this bill do? What does the higher than that. My colleague from jobs overseas. Creating American Jobs and Ending Michigan, Senator STABENOW, was re- It is hard to comprehend the strange Offshoring Act do? Basically, three marking earlier that Michigan had lost and almost perverse policy that has led things. It is not tremendously com- over 1 million jobs in that time period, to taxpayers being called upon because plicated for those who are running just manufacturing jobs. of the policy that has been in place for businesses but critically important to We know the unemployment rate far too long, the policy where tax- our jobs, our families, and our future. across the country is intolerably too payers are subsidizing the costs associ- No. 1, it would create a payroll tax high. In our State, fortunately, it is ated with the closing of a plant in the holiday for companies that return jobs below 10. A lot of States cannot say United States of America. We should to the United States from overseas. that. But 9.3 or 9.5 roughly in Pennsyl- not just lament that, we should end the What happens there is we would be pro- vania over many months equates to al- policy and instead have taxpayer sup- viding relief from the employer’s share most 600,000 people. It got as high as port strategies to keep jobs here or of the Social Security payroll tax on 592,000 people out of work. Now we are support strategies that actually pull wages paid to new U.S. employees per- down a little but down to only 585,000 jobs back from overseas. forming services in the United States. people out of work. You cannot lament the movement of It is as simple as that. We should have I went across Pennsylvania during jobs overseas and then just keep voting done it a long time ago. We could have the latter part of the summer. In 4 the way some are voting against tax taken these steps before, but our weeks, I was in some 31 counties, most policies to keep jobs in America. You friends on the other side, just like they of them small and rural counties, most cannot lament job loss and vote have blocked almost every job creation of them counties that have a lot of against, whether it is a Recovery Act, bill I can think of in the last 18 small towns in them and a lot of geog- the HIRE Act or the Small Business months, they blocked this over and raphy, a lot of space. Whether you go Jobs and Credit Act. You cannot say over again. to a county such as Potter County, you are in favor of helping small busi- No. 2, this bill would end subsidies which has less than 20,000 people in it ness and then turn around the next day for plant closing costs. As some of my and almost 100 percent rural, their un- and vote against $12 billion in tax cuts colleagues have noted, the bill would employment rate is 11.5 percent. for small business. prohibit a firm from taking any deduc- Philadelphia, the biggest city and You cannot say you support small tion loss or credit for amounts paid in biggest county as well, has an unem- communities and the small banks in connection with reducing or ending the ployment rate of 12 percent now. More America and then vote against a loan operation of a trade or business in the than 75,000 people are out of work in fund that will help those very same United States, starting or expanding a the city of Philadelphia. small banks across America help their similar trade or business overseas. We Whether you go to a small town or small businesses to invest and grow have made it easier. We have created rural community or whether you go to and hire more people and help us re- incentives to ship jobs overseas instead the biggest city in our State, the un- cover. of creating disincentives for companies employment rate is far too high. What tomorrow’s vote is about is not to send jobs overseas. It would end that It is my obligation to not just say the bill itself. Tomorrow’s vote, of basic policy that ships jobs overseas. the Recovery Act created 3 million course, as everyone knows, is just to No. 3, we would end tax breaks for jobs. It may not have been perfect or get over that procedural hurdle to runaway plants—plants that go over- popular, but it created a lot of jobs. allow us to debate. Having a debate seas and have no penalty applied to But that is not enough. That is why we about ending the offshoring or doing moving jobs overseas, instead of keep- supported the HIRE Act. That is why everything we can to end the ing jobs in America. we supported the Small Business Jobs offshoring of jobs is worthy of at least I mentioned before the HIRE Act, and Credit Act. The community bank- 1 day or a couple hours of debate. legislation that provides a payroll tax ers, by the way—this is not a number Someone over there might say: I am credit for the hiring of an individual from a Democratic office—tell us it not going to vote for this bill for this who has been unemployed for 60 or will create 500,000 jobs. or that reason. They have that right. It more days. We are building on that pol- What if they are off by a big number? is hard to say I do not like the fact we icy. I commend our majority leader, What if it is only 400,000? My goodness, have been shipping jobs overseas and Senator REID, Senator DURBIN, our if we can pass any bill that will create have tax policies that incentivize that Presiding Officer, Senator SCHUMER, 400,000 jobs, that will be remarkable. If and we have other policies we can put and others for building upon what we they are right, it will be more than in place to change that and to turn did in the HIRE Act earlier this year that. It will be 500,000 jobs. that around and move in the direction

VerDate Mar 15 2010 22:04 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00042 Fmt 4637 Sfmt 0634 E:\RECORD10\RECFILES\S27SE0.REC S27SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 27, 2010 CONGRESSIONAL RECORD — SENATE S7497 of helping taxpayers keep jobs here and Today, the ‘‘Made in America’’ logo employer share—roughly 8 percent of pulling jobs back from overseas, you is not often seen, and with its demise salary—2 year holiday; eliminates the cannot say all that, make a big speech has been the loss of good American tax breaks that have provided incen- on it and then vote the next day and jobs. tives to companies to move production say: I am not only going to vote It is time for the United States to and jobs overseas—eliminates tax de- against the bill but vote against any refocus on a modernized industrial pol- duction, loss, or credit for costs associ- debate on the bill. That is a pretty icy that promotes global competitive- ated with moving operation overseas; hard argument to make. I am not sure ness and creates jobs for the American and; ends tax deferral for companies there are many people who can make it people. that move production overseas, only to with a straight face and with any de- And this legislation is a beginning. sell those products back in the U.S. gree of integrity. Simply put, we can no longer hang The time has come for Congress and We will see what they do. We will see our hats on American inventiveness the business community to come up if they are going to vote against debat- and ingenuity while ignoring the with an industrial policy that will pro- ing obviously one of the most impor- steady stream of jobs lost to our inter- mote American competitiveness and tant issues for people, stopping jobs national competitors. create jobs. from going overseas. I hope the other Americans have always had good While we have promoted trade and side does not do what it did with the ideas, but those good ideas used to lead globalization, we have overlooked the small business bill and say it supports to good jobs here in the United States. negative effect it has on job creation small businesses and then vote against Now, our intellectual property contrib- here in the U.S. Many of our businesses tax cuts and vote against community utes to abundant employment opportu- have thrived in the modern global mar- banks to help our small businesses. nities, but many are often in other ketplace, but our policies here at home Maybe tomorrow there will be a flash countries. lag behind. of light in the darkness of this political American industry has changed the Free trade may reduce the price of debate and folks on the other side will world. From the automobile to the air- goods, but this doesn’t do much good if let us debate this for a couple hours plane, from landing a man on the moon unemployed Americans can’t afford to and then maybe vote the right way: to to developing the Internet, the com- buy them. stop jobs from going overseas. But we bination of revolutionary ideas and We need to look at the structure of will see. We will see what the morning productive labor has been the backbone taxation, of education, and of health light brings. of American strength for generations. care. We need to decide what must Mrs. FEINSTEIN. Mr. President, I But we should not be willing to cede change in order to achieve our goals. that essential part of our American rise today to support the Creating In August I spoke to a gathering of identity. We must find a way to ensure American Jobs and Ending Offshoring the top business minds in Silicon Val- that American ingenuity creates Amer- Act. The bill before us utilizes both ley. With California’s unemployment ican jobs. carrots and sticks. It ends certain egre- rate lingering at 12.4 percent, much of Statistics indicate that we are losing gious tax breaks that promote the the discussion turned to maintaining our identity as a manufacturing movement of American jobs overseas, American dominance in a way that power—and that is bad news for this and provides a payroll tax holiday to would engender job creation in my country. companies that relocate jobs back to home State. the United States. Thirty years ago, the founder of Sony I asked them to work with me to find I thank Senators DURBIN, REID, SCHU- and the head of the august Keidanren common ground on these issues. MER and DORGAN for their initiative in in Japan said to me: ‘‘When America Today, I ask all of us in the Senate crafting legislation designed to create ceases to be a manufacturing power, to do the same. more jobs on American soil at a time she will become a second-rate power.’’ when it is critical. This bill is a posi- I have thought a lot about those The provisions included in the Cre- tive first step. words over the decades as I have seen ating American Jobs and Ending Robust industry has always been the American jobs go overseas. Offshoring Act are a positive first step. hallmark of American competitiveness. The slow bleed of manufacturing jobs However, to profoundly impact the It once was that you could see the has been a stark reality for years. future of American industrial competi- ‘‘Made in America’’ logo on the back of From 1997 to 2007, the U.S. manufac- tiveness, we cannot rely solely on car- a t-shirt, on a shoe, a dress, a coat, and turing sector lost 3.5 million jobs—an rots and sticks. knew that you had a product that was estimated 20 percent of the workforce. We as a government must lay a sta- both high quality and safe. But offshoring isn’t just a problem ble foundation upon which American But from 2000–2005, U.S. companies for factory workers, it is having a business ingenuity can foster top down slashed 2.1 million jobs in the United growing impact on the service sector as growth. And the business community States while hiring 784,000 jobs inter- well. Today, even highly skilled work- must focus not only on the bottom nationally. This is from the Bureau of ers can no longer rely on their edu- line. It must rededicate itself to the Economic Analysis. cation or training to obtain a job or pursuit of a thriving American econ- Examples are the iconic little red have any measure of job security. It is omy and labor force. wagon company, ‘‘Radio Flyer’’ elimi- estimated that 1.2 million white-collar Bottom line: These are the things we nated half its workforce in Chicago and jobs were sent offshore between 2003– must do if we are to maintain Amer- moved its manufacturing operations to 2008; the Bureau of Labor Statistics es- ica’s position as the driving force of China in 2004; Levi Strauss cut its timates that 31 percent of service-sec- the global economy. This legislation is workforce by roughly 20 percent, clos- tor jobs are currently at risk of being a good first step down this road. ing factories across the country and sent overseas; at the current rate, 25 Mr. CARDIN. Mr. President, the Sen- outsourcing its manufacturing work to percent of all U.S. jobs may be in dan- ate will have a cloture vote shortly on Latin America in 2002; Motorola has ger of being shipped overseas in the the motion to proceed to S. 3816. I hope laid off over 40,000 workers and in- next 10 years, from the CRS. that we will overcome a procedural vested more than $3 billion in China in Several studies indicate that up to roadblock to the Senate considering 2001; and; recently, the Whirlpool Cor- 250,000 American jobs may go overseas this legislation and proceed to the bill poration announced it will close a re- by 2015; and this includes highly skilled and pass it. While the National Bureau frigerator plant in Evanston, Indiana, fields like computer science and math- of Economic Research, NBER, has de- resulting in the loss of hundreds of ematics, which are becoming increas- termined that the recession is over, it jobs. Whirlpool has plans to open a new ingly vulnerable to being sent overseas. is clear that we have much more work plant in Mexico. The Creating American Jobs and to do getting Americans back to work. And Hewlett Packard is opening a Ending Offshoring Act is a first step to- According to NBER, the recession global call center in Chongquing, ward addressing these trends. The bill lasted 18 months, which makes it the China. The reason for all these reloca- provides a payroll tax break to compa- longest of any recession since World tions is plain and simple—less cost. nies that move jobs back to America— War II.

VerDate Mar 15 2010 22:04 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00043 Fmt 4637 Sfmt 0634 E:\RECORD10\RECFILES\S27SE0.REC S27SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7498 CONGRESSIONAL RECORD — SENATE September 27, 2010 It is important to note that NBER with outplacement services or em- INTELLIGENCE AUTHORIZATION did not conclude the economy has re- ployee retraining provided to any em- ACT turned to operating at normal capac- ployees who lose their jobs as a result Mrs. FEINSTEIN. Mr. President, the ity. Rather, NBER determined only of the offshoring. Congress is now close to passing and that the recession ended in June 2009 S. 3816 also ends the Federal tax sub- enacting an intelligence authorization and a recovery began in that month. sidy that rewards U.S. firms for mov- bill for the first time since December According to NBER: ing their production overseas. Under 2004. Pending at the Senate desk is (E)conomic activity is typically below nor- current law, U.S. companies can defer House bill H.R. 2701, the Intelligence mal in the early stages of an expansion, and paying U.S. tax on income earned by Authorization Act for Fiscal Year 2010, it sometimes remains so well into the expan- their foreign subsidiaries until that in- which the House passed on February 26, sion. come is brought back to the United 2010. Aggregate employment frequently States. This is known as ‘‘deferral.’’ On behalf of Senator BOND and my- reaches its trough after the NBER Deferral has the effect of putting self, I have filed an amendment to this trough for overall ‘‘economic activity’’ these firms at a competitive advantage House bill, and have asked the major- and the 2007–2009 recession is no excep- over U.S. firms that hire U.S. workers ity leader to request unanimous con- tion. That is why this jobs bill is criti- to make products here in America. sent that the amendment, in the na- cally important. The economy is still The bill repeals deferral for compa- ture of a substitute, be approved and fragile; everyone knows that. So let’s nies that reduce or close a business in that the bill be sent back to the House do something about it. the U.S. and start or expand a similar for its final passage. S. 3816 has incentives to create jobs For the benefit of my colleagues, I here in America and disincentives to business overseas for the purpose of im- porting their products or services for would like to describe the amendment moving American jobs overseas. and discuss why the passage of this leg- Earlier this month, the U.S. Depart- sale in the United States. U.S. compa- islation is of great importance to the ment of Labor certified a Trade Adjust- nies that locate facilities abroad in Intelligence community and for over- ment Assistance, TAA, petition order to sell their products overseas are unaffected by this proposal. sight of intelligence. brought on behalf of human resources In all but three respects, this amend- personnel at Hewlett-Packard in 10 dif- Ending deferral raises $92 million over 10 years. ment is identical to Senate bill S. 3611, ferent States, including Maryland— which the Senate passed in August by Ellicott City—that have seen their jobs I think there is a huge need and a unanimous consent. That bill had been shipped to Panama. Now, if H-P em- great deal of merit in considering a bill negotiated with the House Permanent ployees have questions about their pay to encourage American firms to keep Select Committee on Intelligence and or their leave or their benefits, they their plants and factories here in had the support of the administration. have to call Panama. It is exactly that America and to hire American workers. However, the House did not act on that type of shipping jobs offshore that we Too many Americans are looking for bill. Instead, last week, the House sent need to prevent. work and can’t find jobs. The recession its legislation to the Senate for consid- S. 3816 removes tax incentives that hasn’t ended for them. I hope the Sen- allow companies such as H-P to elimi- eration. ate will move forward on legislation Per agreement with the House and nate jobs here, outsourcing that work that will keep jobs in America and put the executive branch, I am therefore with the products or services consumed Americans back to work and begin to introducing this amendment, which re- in the U.S. market. put this terrible recession behind us. It Just since the beginning of 2007, the places the text of the House bill with is time to ship American goods and the previous Senate bill, with the three Department of Labor has certified 50 services—not American jobs—overseas. TAA petitions involving laid-off work- changes as follows: I yield the floor and suggest the ab- The first change is necessary given ers who live in Maryland. sence of a quorum. In many cases, the firms involved in that fiscal year 2010, the year for which The PRESIDING OFFICER. The this legislation was first written, ends these certifications had U.S. tax incen- clerk will call the roll. tives to ship jobs overseas. S. 3816 helps later this week. The legislation I have The legislative clerk proceeded to to eliminate those incentives. offered today therefore does not in- To encourage businesses to create call the roll. clude a classified annex that describes jobs here in the United States, the bill Mr. BEGICH. Mr. President, I ask authorized funding levels for the intel- allows businesses to skip the employer unanimous consent that the order for ligence community. The amendment share of the Social Security payroll tax the quorum call be rescinded. text omits references to the classified for up to 2 years on wages paid to new The PRESIDING OFFICER. Without annex, as well as other provisions that U.S. employees performing services in objection, it is so ordered. were specific to fiscal year 2010, that the United States. To be eligible, busi- Mr. BEGICH. Mr. President, the score were present in S. 3611. This is re- nesses have to certify that the U.S. em- is 10 to 0. flected through the deletion of six pro- ployee is replacing an employee who I suggest the absence of a quorum. visions in S. 3611: sections 101, 102, 103, had been performing similar duties The PRESIDING OFFICER. The 104, 201, and 348. The amendment in- overseas. clerk will call the roll. cludes a new section 101, which is being This payroll tax holiday is available The legislative clerk proceeded to included at the request of the Office of for workers hired during the 3-year pe- call the roll. the Director of National Intelligence. riod beginning September 22, 2010. The Mr. CASEY. Mr. President, I ask This section makes clear that all funds Social Security trust fund will be made unanimous consent that the order for appropriated, reprogrammed, or trans- whole from general revenues, a provi- the quorum call be rescinded. ferred for intelligence or intelligence- sion that costs $1.09 billion over 10 The PRESIDING OFFICER (Mr. related activities in fiscal year 2010 years. BEGICH). Without objection, it is so or- may be obligated or expended. This The bill eliminates subsidies that dered. provision is necessary to meet the U.S. taxpayers provide to firms that terms of section 504(a) of the National move facilities offshore. It prohibits a f Security Act of 1947, 50 U.S.C. § 414. firm from taking any deduction, loss, This legislation also amends section 331 from the version of the bill pre- or credit for amounts paid in connec- MORNING BUSINESS tion with reducing or ending the oper- viously passed by the Senate con- ation of a trade or business in the U.S. Mr. CASEY. Mr. President, I ask cerning notification procedures. The and starting or expanding a similar unanimous consent that the Senate amendment adds text to ensure that in trade or business overseas. proceed to a period of morning business the case of a limited notification of a This provision raises $277 million with Senators permitted to speak for covert action to the House and Senate over 10 years. up to 10 minutes each. leaders and chairmen and ranking The bill would not apply to any sev- The PRESIDING OFFICER. Without members of the two intelligence com- erance payments or costs associated objection, it is so ordered. mittees—the so-called ‘‘Gang of

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Prior to mitted to the Gang of Eight. cess to Defense special access pro- December 2004, there had been such a The amendment also adds text to re- grams. This directive is regarded as bill every year since the creation of the quire that in the case of a limited noti- having resolved successfully the issues intelligence committees in the late fication, the President shall provide to that the Department and GAO had pre- 1970s. all members of the intelligence com- viously encountered. As the DNI car- It is vitally important for the intel- mittees a ‘‘general description’’ of the ries out the duties of this section, it ligence committees to pass an author- covert action. This implements the will be important for him to be mindful ization bill this week. Failure to enact idea first described by the Senate Intel- of the manner in which individual de- an authorization bill weakens congres- ligence Committee in 1980 that the lim- partments with intelligence compo- sional oversight and it denies the intel- ited notification procedure is to pro- nents have established procedures gov- ligence community appropriate up- tect in extraordinary cases certain sen- erning access by GAO. This is true for dates in the law. sitive aspects of an intelligence activ- the Department of Defense as well as I would like to take a moment to rec- ity; the purpose of the authority is not other Departments, such the Depart- ognize some individuals who have de- to shield entire intelligence programs ment of Homeland Security and its in- voted enormous time and effort to from the oversight of the full intel- telligence component, the Office of In- reaching this point. First, Senator KIT ligence committees. telligence and Analysis. We expect that BOND, the vice chairman of the com- Recent legislation from the Select the DNI will coordinate closely with mittee, who has been fighting for this Committee on Intelligence has in- the heads of such departments in order legislation with me in a completely bi- cluded similar provisions to the re- to ensure that the DNI’s directive re- partisan way since we began at the be- quirement to provide to all committee solves outstanding issues without dis- ginning of last year. Second, the mem- members a ‘‘general description.’’ The rupting GAO’s working relationships bers of the Intelligence Committee who committee’s bill, S. 1494, which the with such departments. have contributed important provisions Senate passed unanimously in Sep- As written, this section requires the in the bill, and have supported our ef- tember 2009, included a similar provi- Director of National Intelligence to forts to keep the bill moving even in sion, but the version of the bill passed submit this directive to ‘‘the Con- some cases where their provisions had in August 2010, S. 3611, did not. gress.’’ The intent of this provision is to be dropped. Of note, the legislative language in to have this directive broadly avail- And finally, the staff, who have this amendment makes clear that the able, in unclassified form or classified drafted this bill three separate times general description of the covert action form as the case may be, to those com- and conducted negotiations with the is to be provided by the President to all mittees with jurisdiction over the DNI, House Permanent Select Committee on members of the committees, consistent the 16 intelligence entities in the intel- Intelligence, other offices in the House, with the reasons for not yet fully in- ligence community, the departments in the Office of the Director of National forming all members of the intel- which those agencies reside, and the Intelligence, and the White House for ligence committees. The administra- GAO. more than a year. I would like to com- tion agrees that this gives the Presi- There are additional technical, typo- mend and thank my counsels: Mike Da- dent sufficient flexibility in extraor- graphical and conforming changes in- vidson, Christine Healey, and Alissa dinary circumstances to protect sen- cluded in this legislation from S. 3611, Starzak for their work. I thank as well sitive national security information. the intelligence bill passed by the Sen- Senator BOND’s counsels, Jack Living- Finally, the amendment I am offer- ate in August 2010. This includes a ston and Kathleen Rice. ing includes a new section, section 348, change in section 322, the business sys- While there is no classified annex to on access by the Comptroller General tem transformation section, in several authorize funding levels in this bill, I to the information of elements of the places where an action was to be taken appreciate the work begun by Lorenzo intelligence community. Both S. 1494 by September 30, 2010. Those actions Goco and continued by Peggy Evans in and H.R. 2701 included sections on au- are now required to be taken within 60 putting together the annex that ac- dits of intelligence community ele- days after enactment. companied the intelligence authoriza- ments by the Government Account- In all other respects, the Feinstein- tion bills that passed the Senate last ability Office, GAO. No GAO provision Bond amendment consists of exactly September and this August. was included in S. 3611 because, at the what the Senate has already passed by Finally, I appreciate the work of time that S. 3611 was reported and then unanimous consent. The legislative Tommy Ross, national security adviser acted on by the Senate, no agreement history of S. 3611 is fully applicable to to Majority Leader HARRY REID, for his had been reached on a provision that the provisions of this amendment that substantial efforts to make sure that would be acceptable to both the admin- are carried over from S. 3611. This leg- the House and the executive branch re- istration and the Congress. islative history includes the committee mained engaged in the negotiations Section 348 represents a compromise report, S. Rep. No. 111–223, and the over this bill. that the Congress and the administra- floor statements and letters placed in I urge my colleagues to support this tion can support. It requires the Direc- the RECORD on Senate passage of S. Senate amendment to the House bill. If tor of National Intelligence, DNI, to 3611, see 156 Cong. Rec. S6795–6799— we are able to reach unanimous con- issue a directive on GAO access. While daily ed., August 5, 2010. S. Rep. No. sent on this measure, it will go back to the directive shall be issued following 111–223 has a detailed section-by-sec- the House for final passage and pre- consultation with the Comptroller tion description of the provisions of S. sentment to the President. I am hope- General, the amendment is clear that 3611, including a description of the rec- ful that we can accomplish this prior this is to be the DNI’s directive. It is onciliation of House and Senate provi- to recessing later this week for the No- the DNI who has the responsibility to sions from H.R. 2701, as it passed the vember elections, and urge support. craft a directive that is consistent with House, and S. 1494. Mr. President, I ask unanimous con- existing law, both as regards the au- I received today a letter from the sent to have printed in the RECORD the thority of the Comptroller General general counsel in the Office of the Di- letter from Mr. Robert Litt to which I under title 31 of the United States Code rector of National Intelligence, Mr. referred. and the provisions of the National Se- Robert Litt, indicating that ‘‘the There being no objection, the mate- curity Act. The directive shall be pro- President’s senior advisors would rec- rial was ordered to be printed in the vided to the Congress before it goes ommend that he sign this bill if it is RECORD, as follows:

VerDate Mar 15 2010 22:04 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00045 Fmt 4637 Sfmt 0634 E:\RECORD10\RECFILES\S27SE0.REC S27SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7500 CONGRESSIONAL RECORD — SENATE September 27, 2010 OFFICE OF THE DIRECTOR ests of the United States resulting in the during Freedom in the Arghandab OF NATIONAL INTELLIGENCE, limited notification, and recognizing the River Valley, Afghanistan. He was 43 Washington, DC, September 27, 2010. President’s authority and responsibility to years old. Hon. DIANNE FEINSTEIN, protect sensitive national security informa- A native of White, SD, Captain Goetz Chairman, Select Committee on Intelligence, tion in the context of the notice and general graduated in 1995 from Marantha Bap- U.S. Senate, Washington, DC. description requirement. tist Bible College in Watertown, WI, Hon. CHRISTOPHER BOND, We wish to confirm that you understand Vice Chairman, Select Committee on Intel- and agree with these interpretations. We with a bachelor’s degree. After serving ligence, U.S. Senate, Washington, DC. would prefer to reduce this interpretation to in White for several years as a pastor, DEAR MADAM CHAIRMAN AND VICE CHAIR- writing for inclusion in the amendment Captain Goetz enlisted in the Army in MAN BOND: On June 10, 2010, the Director of itself, and will work with you to that end; 2004 and served tours in Japan, Iraq and OMB wrote to inform you that, on the as- otherwise, we wish to ensure that you agree Afghanistan—all with decoration. sumption that there would be no material with our interpretation of these provisions. During his years of service, Captain changes to the S. 3611, the Intelligence Au- With these understandings, the President’s Goetz distinguished himself through thorization Act for Fiscal Year 2010, the senior advisors would recommend that he his courage, dedication to his soldiers, President’s senior advisors would rec- sign this bill if it is presented for his signa- ommend he sign the bill. The Administration and unremitting devotion to his faith. ture. His skillful ministry comforted troops has reviewed the proposed amendment to the The Office of Management and Budget ad- Intelligence Authorization Act for Fiscal vises that, from the standpoint of the Ad- and made them more effective in the Year 2010, embodied in the draft amendment ministration’s Program, there is no objec- field, and he never hesitated to engage in the nature of a substitute to H.R. 2701 pro- tion to the submission of this letter. and counsel others who held beliefs dif- vided to us on September 24, 2010. There are Sincerely, ferent than his own. two significant changes from S. 3611 passed ROBERT S. LITT, Captain Goetz worked on the front by the Senate on August 5, 2010 relating to General Counsel. lines of battle, serving in the most dan- the Government Accountability Office (GAO) gerous areas of Iraq and Afghanistan. and congressional notification. Earlier provi- f He is remembered by those who knew sions on these issues were subject to a veto NOTICES OF INTENT TO OBJECT threat. However, based on our interpretation him as a consummate professional with of the changes, which I have outlined below, Mr. GRASSLEY. Mr. President, I in- an unending commitment to excel- the President’s senior advisors would rec- tend to object to proceeding to H.R. lence. His family remembers him as a ommend that he sign this bill if it is pre- 4862, a bill that amends the Immigra- dedicated husband and as a loving fa- sented for his signature. tion and Nationality Act with regard ther to his three children. The proposed Senate amendment includes to naturalization authority. H.R. 4862 Mark Twain once said, ‘‘The fear of a new provision that would require the Di- death follows from the fear of life. A rector of National Intelligence to issue a di- would permit Members of Congress to rective, in consultation with the Comptroller administer the oath of allegiance to man who lives fully is prepared to die General, governing access of the Comptroller applicants for naturalization. I object at any time.’’ Captain Goetz’s service General to information in the possession of to the bill because, according to ad- was in keeping with this sentiment—by an Intelligence Community element. Noth- ministration officials, it would require selflessly putting country first, he ing in this provision changes the underlying Members of Congress to administer the lived life to the fullest. He lived with a law with respect to GAO access to intel- oath of allegiance only at times deter- sense of the highest honorable purpose. ligence information. We interpret this provi- At substantial personal risk, he sion to provide the DNI with wide latitude mined by the Secretary of Homeland Security, notwithstanding the Senate braved the chaos of combat zones when developing the directive to ensure that throughout Iraq and Afghanistan. And it conforms with (1) the statutory provisions Calendar or the legislative work that is governing GAO’s jurisdiction and access to required by Members of Congress. We though his fate was uncertain, he information; (2) the intelligence oversight need to understand what exactly this pushed forward, counseling our soldiers structure embodied in the National Security bill allows or requires and not just rush and promoting the ideals we hold dear. Act; and (3) relevant opinions of the Office of it through in the waning hours and For his service and the lives he Legal Counsel of the Department of Justice. minutes of this Congress. touched, Captain Goetz will forever be The second significant change relates to remembered as one of our country’s the provision that alters the current con- Mr. President, I also intend to object to proceeding to the nomination of bravest. gressional notification framework. It is im- To his wife Christina, his sons Norm Eisen to be Ambassador to the portant to note at the outset that the Ad- Landon, Caleb, and Joel, and his entire ministration has already indicated that, Czech Republic at the Department of family—I cannot imagine the sorrow with respect to the requirement to provide State for the following reasons. you must be feeling. I hope that, in ‘‘the legal authority under which [an] intel- I object to the proceeding to the time, the pain of your loss will be eased ligence activity is being or was conducted,’’ nomination because of Mr. Eisen’s role we construe that requirement only to re- by your pride in Dale’s service and by in the firing of the inspector general of quire that the Executive Branch provide the your knowledge that his country will the Corporation for National and Com- committee with an explanation of the legal never forget him. We are humbled by basis for the activity; it would not require munity Service, CNCS, and his lack of his service and his sacrifice. disclosure of any privileged information or candor about that matter when ques- STAFF SERGEANT CASEY J. GROCHOWIAK disclosure of information in any particular tioned by congressional investigators. Mr. President, it is with a heavy form. The details of Mr. Eisen’s role in the heart that I rise today to honor the life The proposed amendment would signifi- firing and his misrepresentations about cantly change the earlier version of this pro- and heroic service of SSG Casey J. that matter are detailed in the Joint vision by requiring that the Executive Grochowiak. Sergeant Grochowiak, as- Branch provide all congressional intelligence Minority Staff Report of the House signed to the 4th Infantry Division, committee members who do not receive a Committee on Government Reform and based in Fort Carson, CO, died on Au- finding or notification a ‘‘general description the Senate Finance Committee, dated gust 30, 2010, of injuries sustained when regarding the finding or notification, as ap- November 20, 2009. an improvised explosive device deto- plicable, consistent with the reasons for not f yet fully informing all members of such com- nated near his patrol. Sergeant mittee.’’ The Administration has previously HONORING OUR ARMED FORCES Grochowiak was serving in support of threatened to veto the Intelligence Author- Operation Enduring Freedom in ization Bill over a congressional notification CAPTAIN DALE A. GOETZ Malajat, Afghanistan. He was 34 years provision that contained similar language. Mr. BENNET. Mr. President, it is old. This provision, however, differs from the ear- with a heavy heart that I rise today to A native of San Diego, CA, Sergeant lier provision because the requirement to honor the life and heroic service of Grochowiak graduated from Horizon provide a ‘‘general description’’ is limited to Captain Dale A. Goetz. Captain Goetz, Christian Fellowship Academy, where a description that is ‘‘consistent with rea- assigned to the 4th Infantry Division, he met Celestina, his future wife, sons for not yet fully informing all members based at Fort Carson, CO, died on Au- of such committee.’’ We interpret this new whom he married in 1995. After several language as providing sufficient flexibility gust 30, 2010, of injuries sustained when years working in the construction in- to craft a description that the President an improvised explosive device deto- dustry, Sergeant Grochowiak changed deems appropriate, based on the extraor- nated near his vehicle. Captain Goetz direction to commit his life to defend- dinary circumstances affecting vital inter- was serving in support of Operation En- ing his country. He enlisted in the

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Despite having received a membered by those who knew her as a him as a consummate professional with medical waiver for his last tour in Af- consummate professional with an an unending commitment to excel- ghanistan, Sergeant Grochowiak unending commitment to excellence. lence. His family remembers him as a shipped out and fought on anyway, cit- Her family remembers her as a dedi- dedicated son, husband, and as a proud ing his obligation to protect his young cated daughter who loved to serve her expectant father. They remember that, soldiers. country. Her friends remember her loy- from an early age, he loved football Sergeant Grochowiak worked on the alty, her willingness to listen, and her and cheered for his favorite teams, the front lines of battle, serving in the lifelong involvement in the commu- Denver Broncos and the Cleveland most dangerous areas of Iraq and Af- nity. From an early age, as a student Browns. ghanistan. He is remembered by those in Monte Vista, Specialist Hinkley’s Mark Twain once said, ‘‘The fear of who knew him as a consummate profes- talents were always on display as a death follows from the fear of life. A sional with an unending commitment mentor to younger girls. man who lives fully is prepared to die to excellence. His family remembers Mark Twain once said, ‘‘The fear of at any time.’’ Sergeant Kessler’s serv- him as a dedicated son, husband, and as death follows from the fear of life. A ice was in keeping with this senti- a loving father to his two children. man who lives fully is prepared to die ment—by selflessly putting country Mark Twain once said, ‘‘The fear of at any time.’’ Specialist Hinkley’s first, he lived life to the fullest. He death follows from the fear of life. A service was in keeping with this senti- lived with a sense of the highest honor- man who lives fully is prepared to die ment—by selflessly putting country able purpose. At substantial personal risk, he at any time.’’ Sergeant Grochowiak’s first, she lived life to the fullest. She braved the chaos of combat zones service was in keeping with this senti- lived with a sense of the highest honor- throughout Iraq and Afghanistan. And ment—by selflessly putting country able purpose. though his fate on the battlefield was first, he lived life to the fullest. He At substantial personal risk, she uncertain, he pushed forward, pro- lived with a sense of the highest honor- braved the chaos of combat zones tecting America’s citizens, her safety, able purpose. throughout Iraq. And though her fate and the freedoms we hold dear. For his At substantial personal risk, he on the battlefield was uncertain, she service and the lives he touched, Ser- braved the chaos of combat zones pushed forward, protecting America’s geant Kessler will forever be remem- throughout Iraq and Afghanistan. And citizens, her safety, and the freedoms bered as one of our country’s bravest. though his fate on the battlefield was we hold dear. For her service and the To Sergeant Kessler’s father and uncertain, he pushed forward, pro- lives she touched, Specialist Hinkley stepmother, Lawrence and Sue, his tecting America’s citizens, her safety, will forever be remembered as one of mother and stepfather, Kristine and and the freedoms we hold dear. For his our country’s bravest. Rodney, his wife, Adrian, and his entire service and the lives he touched, Ser- To David and Annavee, Specialist family—I cannot imagine the sorrow geant Grochowiak will forever be re- Hinkley’s parents, Matthew, her broth- you must be feeling. I hope that, in membered as one of our country’s brav- er, and her entire family, I cannot time, the pain of your loss will be eased est. imagine the sorrow you must be feel- by your pride in Kevin’s service and by To Edward and Barbara, Sergeant ing. I hope that, in time, the pain of your knowledge that his country will Grochowiak’s parents, Celestina, his your loss will be eased by your pride in never forget him. We are humbled by wife, Matia and Deegan, his children, Faith’s service and by your knowledge his service and his sacrifice. and his entire family, I cannot imagine that her country will never forget her. PRIVATE FIRST CLASS DIEGO M. MONTOYA the sorrow you must be feeling. I hope We are humbled by her service and her Mr. President, it is with a heavy that, in time, the pain of your loss will sacrifice. heart that I rise today to honor the life be eased by your pride in Casey’s serv- STAFF SERGEANT KEVIN J. KESSLER and heroic service of PFC Diego M. ice and by your knowledge that his Mr. President, it is with a heavy Montoya. Private Montoya, assigned to country will never forget him. We are heart that I rise today to honor the life the 89th Military Police Brigade, based humbled by his service and his sac- and heroic service of SSG Kevin J. in Fort Hood, TX, died on September 2, rifice. Kessler. Sergeant Kessler, assigned to 2010, of injuries sustained from indirect SPECIALIST FAITH R. HINKLEY the 4th Infantry Division, based in Fort fire. Private Montoya was serving in Mr. President, it is with a heavy Carson, CO, died on August 30, 2010, of support of Operation Enduring Free- heart that I rise today to honor the life injuries sustained when an improvised dom in Laghman Province, Afghani- and heroic service of SPC Faith R. explosive device detonated near his stan. He was 20 years old. Hinkley. Specialist Hinkley, assigned military vehicle. Sergeant Kessler was A native of Texas, Private Montoya to the 502nd Military Intelligence Bat- serving in support of Operation Endur- graduated in 2009 from Taft High talion, based in Fort Lewis, WA, died ing Freedom in the Arghandab River School in San Antonio. He was an ac- on August 7, 2010, from wounds sus- Valley, Afghanistan. He was 32 years tive participant in the school’s ROTC tained during a firefight. Specialist old. program, and he always looked forward Hinkley was serving in support of Oper- A native of Canton, OH, Sergeant to the day when he could finally wear ation Iraqi Freedom in Iskandariya, Kessler enlisted in the Army in 2004, a service uniform. Private Montoya en- Iraq. She was 23 years old. eager to serve his country. In 1996, he listed in the Army after graduation, A native of Monte Vista, CO, Spe- graduated from East Canton High and he deployed for Afghanistan in cialist Hinkley enlisted in the Army in School. After spending several years as April 2010. 2007, much to the surprise of her a truck driver, Sergeant Kessler de- During his 13 months of service, Pri- friends and family. Having completed 1 cided to commit his life to military vate Montoya distinguished himself year of classes at the University of Col- service. He served three tours of duty: through his dedication to duty and ex- orado in Colorado Springs, Specialist two in Iraq and one in Afghanistan, and traordinary strength of character. Hinkley changed course and became all with decoration. Even as an ROTC student in San Anto- the family’s fourth generation to serve During his 6 years of service, Ser- nio, Private Montoya’s instructor rec- in the military. geant Kessler distinguished himself ognized his remarkable maturity and During her nearly 3 years of service, through his courage, skillful leader- unwavering loyalty to his classmates, Specialist Hinkley distinguished her- ship, and perhaps most importantly, an family and friends. These characteris- self through her courage, dedication to unflagging dedication to his troops. tics foreshadowed his excellence as a duty, and exceptional intelligence. Sergeant Kessler’s unyielding sense of soldier.

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They re- Unit Citation and the Republic of His family remembers Private Mon- member his warm nature and broad Korea Presidential Unit Citation. toya’s courage as a soldier, but also his smile. For over 59 years, recognition of the warm heart and willingness to do any- Mark Twain once said, ‘‘The fear of heroism of the 300th was incomplete. thing to help those close to him. death follows from the fear of life. A The Cowboy Cannoneers were not in- Mark Twain once said, ‘‘The fear of man who lives fully is prepared to die cluded in the 1st Marine Division Presi- death follows from the fear of life. A at any time.’’ Sergeant West’s service dential Unit Citation. Yet history man who lives fully is prepared to die was in keeping with this sentiment—by shows they delivered devastating artil- at any time.’’ Private Montoya’s serv- selflessly putting country first, he lery fire support that pounded enemy ice was in keeping with this senti- lived life to the fullest. He lived with a positions in support of the 1st Marine ment—by selflessly putting country sense of the highest honorable purpose. Division. first, he lived life to the fullest. He At substantial personal risk, he Jim Craig (MSgt USMC Ret.) of lived with a sense of the highest honor- braved the chaos of combat zones Sheridan, WY, asked me to help COL able purpose. throughout Iraq and Afghanistan. And Tim Sheppard correct the Marine Corps At substantial personal risk, he though his fate on the battlefield was history. They worked closely with braved the chaos of combat zones uncertain, he pushed forward, pro- Charles Ziegler of my staff to present throughout Afghanistan. And though tecting America’s citizens, her safety, evidence to the Secretary of the Navy, his fate on the battlefield was uncer- and the freedoms we hold dear. For his Ray Mabus, and Commandant of the tain, he pushed forward, protecting service and the lives he touched, Ser- Marine Corps, GEN James Conway. The America’s citizens, her safety, and the geant West will forever be remembered overwhelming evidence supported in- freedoms we hold dear. For his service as one of our country’s bravest. cluding the 300th in the 1st Marine Di- and the lives he touched, Private Mon- To John and Marcia, Sergeant West’s vision Presidential Unit Citation. toya will forever be remembered as one parents, Carolyn, his wife, Tyler, Jo- I am pleased to announce that Gen- of our country’s bravest. seph, and Annalise, his children, and eral Conway recommended including To his parents, his brothers and sis- his entire family, I cannot imagine the the 300th as a reinforcing unit to the ters, and his entire family, I cannot sorrow you must be feeling. I hope 1st Marine Division. Secretary Mabus imagine the sorrow you must be feel- that, in time, the pain of your loss will has signed the order. The record is now ing. I hope that, in time, the pain of be eased by your pride in Matthew’s correct for the 300th and its descendent your loss will be eased by your pride in service and by your knowledge that his unit the 2–300th Field Artillery Bat- Diego’s service and by your knowledge country will never forget him. We are talion. that his country will never forget him. humbled by his service and his sac- I would like to thank MG Ed Wright, We are humbled by his service and his rifice. COL Tim Sheppard and COL Larry sacrifice. Barttelbort (Ret) for their resolve and f STAFF SERGEANT MATTHEW J. WEST commitment to uncover the facts Mr. President, it is with a heavy THE COWBOY CANNONEERS about the historic service of the 300th. heart that I rise today to honor the life Mr. BARRASSO. Mr. President, I rise I would also like to thank Secretary and heroic service of SSG Matthew J. today to honor and recognize the Wyo- Mabus, Secretary of the Army, John West. Sergeant West, assigned to the ming Army National Guard 300th Ar- McHugh, General Conway and their 71st Ordnance Group, based in Fort mored Field Artillery Battalion Cow- teams. Carson, CO, died on August 30, 2010, of boy Cannoneers. We all know the Korean war is com- injuries sustained when an improvised On October 1, 2010, the 300th soldiers monly referred to in the history books explosive device detonated near his will gather for their final battalion re- as ‘‘The Forgotten War.’’ Not in Wyo- military vehicle. Sergeant West was union. This reunion marks the 60th an- ming. In Wyoming, we never forget the serving in support of Operation Endur- niversary of their Korean war mobiliza- service of our brave men and women ing Freedom in the Arghandab River tion. who wore the uniform of the United Valley, Afghanistan. He was 36 years On August 19, 1950, the citizen sol- States. We realize that we live safe and old. diers of 300th AFA answered the call, free today because of the heroism ex- A native of Gaylord, MI, Sergeant picked up their rifles and put on their emplified by the 300th Cowboy Cannon- West graduated from Northern Michi- uniforms to defend our great country. gan University with a bachelor’s degree eers. My wife Bobbi’s father, Sergeant First Mr. President, I ask unanimous con- in 1997. After returning home for sev- Class Robert L. Brown was one of these sent to have printed in the RECORD the eral years, Sergeant West enlisted in brave men. the Army in 2004 and served three tours names of Wyoming’s citizen soldiers After 21 days at sea, the 300th finally who served with the 300th at the time of duty: two in Afghanistan and one in landed at Pusan, Korea on February 15, Iraq, and all with decoration. of the Korean war mobilization. 1951. In the Spring of 1951, the Chinese There being no objection, the mate- During his 6 years of service, Ser- People’s Volunteers launched a major geant West distinguished himself rial was ordered to be printed in the offensive of human wave style attacks. RECORD, as follows: through his courage, dedication to Master Sergeant Bill Daly described HEADQUARTERS AND HEADQUARTERS BATTERY duty, and willingness to take on one of his first encounter with a communist 300TH ARMORED FIELD ARTILLERY BATTALION the most dangerous and skillful jobs in human wave: the Army—defusing bombs. Even as a Sheridan, Wyoming The morning of 16 May and all hell is OFFICERS student at Gaylord High School, Ser- breaking loose—Fire Mission! Fire Mission! Lt. Col. John F. Raper Jr.—Commanding; geant West exhibited this same ex- The gun crews sprang into action, the 300th Major Anthony D. Kelly; Major Gorgon H. traordinary character by assuming any with its 12 105mm howitzers, fired mission Simmons; Capt. Ralph Cloyd; Capt. Hulen role needed of him on the football field. after mission. We could see the Chinese com- Denton; Capt. Robert Herzberg; Capt. Alfred Although he was one of the team’s ing across the rice paddies and down the road Morgan; Capt. John Poorman; Capt. Earl toward us from Chau-ni as our shells land smallest players, Sergeant Kessler Pust; Capt. Robert Taft; 1st Lt. Robert among them . . . It’s a human wave. never hesitated to punch above his Grider; 1st Lt. George Lawler; 1st Lt. Gustav weight, even when the coach put him From the Battle of Soyang to the Lofgren; 1st Lt. Peter Mathews; 2nd Lt. Lau- on the offensive line. Battle for the Punchbowl, the Cowboy rel Sand. Sergeant West worked on the front Cannoneers provided unrivaled fires WARRANT OFFICERS lines of battle, serving in the most dan- support for the U.S. Army X Corps and CWO–4 Harold Bryce; WO2–Thomas Shan- gerous areas of Iraq and Afghanistan. 1st Marine Division. In 256 days of com- non.

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MASTER SERGEANTS Ellsworth; 2nd Lt. David C. Nelson; 2nd Lt. MASTER SERGEANTS Howard Balow; Joe Herford; Donald Jones; Louis V. Zaputil. Hans O. Jacobsen. Carl McMaken; William Wood. WARRANT OFFICER SERGEANTS FIRST CLASS SERGEANT FIRST CLASS W–1 Roscoe W. Anderson. John A. Raycher. MASTER SERGEANT Walter Crook; Fred Hough; William SERGEANTS Hughes; Eugene Lewis; Floyd Reisch; Donald Hans O. Jacobsen. Carl E. Svalstad; Leonard Thompson. Williams. SERGEANT FIRST CLASS CORPORALS SERGEANTS Keith F. Kinkade; Henry Lewis; James T. Thomas Burnworth; William Eckenrod; McKay; Richard N. Null; Fred D. Snyder. James Bourke; Frank Green; Bill J. Laya; Raymond Shell; John Shields. Theodore Harker; Edward Hartman; Merrill SERGEANTS Hebrew; John Hanson; Tom Holmden; Donald Myron H. Burt; James D. Clayton; Paul PRIVATE FIRST CLASS Huffaker; Donald Ingalls; James King; Rob- Champagne; Herman L. Harke; Allen J. Andy Anderson; George Husby. ert Lott; Dale Maxwell; John Rose; Thomas Helms; Marvin Hockley; Lloyd D. Lasher; SERVICE BATTERY Wells. Eugene F. McCumber; John G. McEachron; 300TH ARMORED FIELD ARTILLERY BATTALION CORPORALS Edgan E. Norskog; Homer D. Schull; Clifton Lovell, Wyoming Floyd Baas; William Badget; Roy Cline; R. Smith; Robert C. Smith; Frank G. Ste- OFFICERS Herbert Deutch; Jack Dewey; Earl Franklin; phens. Frank Green Jr.; Frank Gennaro; Donald CORPORALS CPT Mark D. Robertson—Commanding; 1st Hargis; George Herden; Donald Hyder; Gregg Ivan C. Asay; Gerald C. Barrows; Albert B. Lt. Donovan P. Neville; 2nd Lt. Lawrence Jones; Paul Lacek; Kenneth Lamb; Irl Max- Campbell; Larry E. Dutton; Robert H. Martogli. well; John McKennan; Bill McNair; Marvin Borron; Wayne L. Feyhl; William K. Fink; WARRANT OFFICERS Owen; Richard Pilch; William Preston; Ed- Leo H. Gonion; Myron K. Hever; Leslie R. W–1 William H. Brown; W–1 Miles B. ward Sharp; William Timm; Harry William; House; Norman C. Mason; Ralph Mayer; Ger- Harston; W–1 Arnold W. Korell. Roy Wipper. ald J. Mclaskey; Glen E. Morris; John I. MASTER SERGEANTS PRIVATE FIRST CLASS Mulholland; Ralph D. Newell; Howard L. Melvin N. Baird; Steve S. Meeker. Ronald Bohlin; Walter Hampton; Richard Norskog; Charles J. Pease; Cecil L. Rice; SERGEANTS FIRST CLASS Ingalls; Jack Izumi; Hugh McMillan; Linn James H. Slotta; John D. Sullivan; Gary Maxwell; Jerry Pryor; James Scott; James Troxel; John J. Way. Aaron E. Owens; Scott B. Smith. Vine; Robert Warne. PRIVATE FIRST CLASS SERGEANTS PRIVATES William I. Arnold; Hugh E. Cathcart; Chris Robert N. Baird; James D. Dover; Wes B. Lorenz Algard; Premo Bartot; Andrew G. Doty; Robert D. Fitch; Joseph L. Jordan; Meeker; David A. Nicholls; Harry Ryan; Deutsh; Dennis Firth; Claude Hampton; Har- Charles E. Lumley; Wayne L. Laddusaw; Read J. Thomas; Daniel Torgersen; Ralph G. old Hammontree; Arthur Littler; Oliver Lit- Harold A. Morrison; Bill E. Sharp; Joseph O. Wilder; Donald L. Wood; Fenton C. Wood. Stair; Bobby Wilson. tler; Byron Mills; Elmer Sterck; Gary Tay- CORPORALS BATTERY C lor; Richard Williams. Donald A. Blackburn; Kenneth A. BATTERY A 300TH ARMORED FIELD ARTILLERY BATTALION Blackburn; Maxce C. Chandler; Wilbur A. 300TH ARMORED FIELD ARTILLERY BATTALION Worland, Wyoming Clark; Alvin Doerr; Donald L. Doerr; Fred A. Thermopolis, Wyoming OFFICERS Fichtner; Jerry D. Fink; Robert S. Halliwell; 1st Lt. Richard L. Friedlund—Com- Jerome C. Horsley; Dean H. MacArthur; Don OFFICERS manding; 1st Lt. Thomas A. McCown Sr.; 2nd J. Moncus; Uel H. Moore; Marvin Nicholls; 1st Lt. Radosave P. Jurovich—Com- Lt. Jack C. Hampton; 2nd Lt. Miles E. Willard D. Quinn; Bill G. Shumway; Graham manding; 2nd Lt. Johnny T. Calac; 2nd Lt. McKenna Jr.; 2nd Lt. Rufus A. Waldo. D. Sims; Ira M. Sumner; Walter E. Watkins; Delmer H. Mentch; 2nd Lt. Edward D. MASTER SERGEANT George Wilson. Peckham; 2nd Lt. Clyde A. Smith. Roy E. Yule. PRIVATE FIRST CLASS SERGEANTS FIRST CLASS SERGEANTS FIRST CLASS John C. Frost; John E. Johnson; Wayne W. Robert L. Brown; John D. Dodge; George J. William L. Garris; Edward R. Haley; Dallas Porter; Thorald H. Rollins; Richard W. Ses- Gosch; Earl M. Myers; George (NMI) Rushin. C. Isbell; Gilbert W. Pearl; Joseph V. sions; Darryl M. Stevens; Rob R. Tillett; SERGEANTS Salazar. Nate L. Townsend; John F. Walker; William Pete (NMI) Cavalli; Arthur J. Gossens Jr.; SERGEANTS C. Whalen; Croft M. Workman. Millard P. Jurovich; Kenneth B. Laverents; Charles C. Agee; William W. Day; John L. PRIVATES Charlie F. Lollar; Harold H. Miller; Melvin C. Huff; Jack W. Huffman; Vincent V. Picard; Norald S. Emmett; Wayne R. Kinser; Mills; Raymond G. Patton; Paul (NMI) Harry E. Ryan; Jake J. Weber; Alfred E. Jarmes R. Larson; Robert M. Lindsay; Gor- Ramango; Gildden J. Sanford; Walter D. White. don N. Olson; Kay N. Parks; Joseph R. Slane; Jack A. Toth; William Whitt Jr. CORPORALS Reasch; Gouglas A. Reutzel; Leroy V. CORPORALS Ray W. Agee; Luke A. Barella; Robert M. Sedgewick; Jack M. Thatch; Ralph M. Marion H. Andreen; Bryson E. Bain; Alvin Black; Alex E. Eckhardt; Robert J. Wilkerson. J. Blakesley; Ivan R. Blakesley; James R. Eckhardt; Dale C. Foreman; Abram S. Good- RECRUITS Burnell; Warren L. Fields; Burdett W. Han- win; Owen R. Hecht; Earl E. Maurer; Andrew Donald W. Buckley; Theodore W. Doerr; cock; Robert R. Heron; Raymond D. Maret; D. Neville; Ralph A. Pickett; Frank L. Walk- Donald L. Pickett. Charles W. Miller; Robert W. Noble; Ray- er. mond C. Peterson; Jack L. Prickett; George f PRIVATE FIRST CLASS W. Quarles; Jimmy M. Radovich; Charles T. ADDITIONAL STATEMENTS Ray; Richard A. Robertson; George (NMI) Vaughn L. Action; Jerry A. Benison; Rob- Ramagno; Robert H. Scoggin; Robert C. ert Cady; Vince M. Cervantes; James R. Titus; Robert D. Whitt. Eckman; Kenneth F. Fare; Charles H. Gabel; Fred N. Garcia; Earl N. Gifford; Susano B. REMEMBERING WILLIAM K. PRIVATES FIRST CLASS Gomez; Richard M. Harbaugh; Edward G. COBLENTZ Charles B. Crow; Billy J. Dilland; James L. Kohn; Alfonso Lopez; Forest D. Mercer; Duncan; John H. Gosney; Robert L. James; ∑ Mrs. BOXER. Mr. President, it is Chester E. Phillips; Leo F. Roybal; Raymond with deep sorrow that I join my col- Charles M. Jones; Frank T. Manning; Gerald Sanchez; Eugene R. Seghetti; Virgil J. E. Peyton; George L. Radovich; Marvlyn R. Seghetti; Clark H. Sprague; Jack C. Vonney; leagues today in honoring the memory Wilde. Donald R. Wortham. of an incredible public servant and a PRIVATES PRIVATES dear friend of mine, William Coblentz. Howard W. Cox; Lawrence R. Doores; Richard L. Friess; James D. Harry; Richard My heart goes out to his family, whom James K. Harris; Earl L. Hummell; Edwin R. V. McLane; Adonelio Padilla; Charles J. he loved so much: his wife Jean, sister Johnson; Conrad L. Maysfield; Donald D. Pearl; Benjamin Rangle; Clyde D. Russell; Lolita, daughter Wendy, son Andy, son- Mills; Gaylord J. Whitt. Don N. Widener. in-law Jim, daughter-in-law Shari, and BATTERY B MEDICAL DETACHMENT four grandchildren: Nikki, Ben, Jake, 300TH ARMORED FIELD ARTILLERY BATTALION 300TH ARMORED FIELD ARTILLERY BATTALION and Gena. A loving family man, gifted Cody, Wyoming Sheridan, Wyoming attorney, and astute political figure, OFFICERS OFFICERS Bill left an enduring impact on the city 1st Lt. Duane J. Wheeler—Commanding; CPT T. Stacey Lloyd, M.D.; CPT Robert H. of San Francisco, the State of Cali- 1st Lt. George W. Bonton; 2nd Lt. Richard J. Sondag, D.D.S. fornia, and our Nation. Bill passed

VerDate Mar 15 2010 22:04 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00049 Fmt 4637 Sfmt 0634 E:\RECORD10\RECFILES\S27SE0.REC S27SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7504 CONGRESSIONAL RECORD — SENATE September 27, 2010 away on September 13, 2010, in San edly immense, and I know that I speak cut’s State Police force. He was the Francisco. He was 88 years old. for all residents of the State of Con- consummate family man—an indi- Bill, a native of San Francisco, was necticut when I say that we stand with vidual who relished every opportunity born in 1922 and attended Lowell High them during this time of unimaginable to spend an afternoon with relatives or School. After graduating from UC grief. dote on his grandchildren. Berkeley in 1943, Bill served in the U.S. Every single day, in communities So, it is with great sadness that I Army Corps of Engineers during World large and small throughout this coun- join Trooper Hall’s loved ones, friends, War II. Upon completing his service, try, law enforcement officers take on colleagues, and everyone else whose Bill attended Yale Law School, grad- incredible personal risks to safeguard life was touched in some way by this uating in 1947. our lives and property. Trained to act wonderful man, in mourning his un- Although Bill’s monumental legal ca- bravely and selflessly even in the most timely death. While I realize there are reer began in land use law, it quickly harrowing of situations, these heroic few words that can assuage the enor- expanded to reflect the diversity of his men and women frequently put them- mous sense of grief they undoubtedly interests and passions. His private selves in danger to protect people they feel, it is my hope that Trooper Hall’s practice, Coblentz, Patch, Duffy & have never even met. And all too often, years of commendable service to his Bass, played an essential role in guid- these individuals are called upon to State, love for his family, and devotion ing the development of several trans- make the ultimate sacrifice, giving to his friends will provide them with formative San Francisco projects in- their own lives in defense of their fel- some measure of comfort during the cluding Yerba Buena Gardens, Levi low citizens. Indeed, since the depart- months and years that lie ahead.∑ Plaza, Mission Bay, and AT&T Park. In ment’s founding in 1903, 18 Connecticut f the 1960s, Bill helped rock concert pro- State troopers have died in the line of moter Bill Graham win a permit to duty. TRIBUTE TO ARTHUR ‘‘KENNY’’ open San Francisco’s renowned Fill- Trooper Kenneth Hall was no dif- AND JUDY SIMMONS more Auditorium. ferent in that regard. A 22-year veteran ∑ Mr. ROCKEFELLER. Mr. President, Bill’s passion for civic engagement of the Connecticut State Police who today I wish to recognize two very spe- was unyielding. He entered the polit- also served as a marine sniper in Viet- cial parents in my home State of West ical scene as a young adviser to then- nam, Trooper Hall’s life exemplified Virginia—parents who have so defined California Attorney General Pat the kind of personal courage and un- the unconditional love that a parent Brown. When he became Governor, flinching dedication to public service can have for a child, that their actions Brown offered Bill a seat on the Uni- that are so engrained in the culture of have had a national impact in the versity of California Board of Regents, America’s law enforcement commu- fields of adoption and foster care. which he occupied for the next 16 nity. Trooper Hall loved his job and Each year, Members of Congress have years. During this time, he developed a was absolutely devoted to helping and the honor and privilege of recognizing, reputation for defending the rights of protecting the people of his State and through the Congressional Coalition on outspoken students and faculty. Bill Nation. And that was ultimately what Adoption, extraordinary persons who had a strong passion for the promotion he died doing. have answered one of our Nation’s of civil rights. In 2008, Bill’s law firm Late in the afternoon on September most important calls to action to pro- honored his civil rights work by estab- 2, Trooper Hall stopped a vehicle on I– vide our most vulnerable children with lishing the Coblentz Fellowship for 91 in Enfield, CT, for a routine traffic a forever family. Civil Rights at UC Berkeley’s Boalt violation. While he was pulled over on Children are the future leaders of our Hall School of Law. the side of the road filling out paper great country, and adoption and foster I had the honor of calling Bill a work, Trooper Hall’s police cruiser was care are causes that has always been friend. His ability to connect with peo- struck from behind by a pickup truck. close to my heart. I am proud to offi- ple was unparalleled. From his influen- The car was severely damaged, and cially recognize two West Virginian an- tial clients, to his political advisees, to Trooper Hall was rushed to Baystate gels—Arthur ‘‘Kenny’’ and Judy Sim- his fellow San Franciscans, Bill treated Medical Center, just across the border mons—as true angels in adoption. everyone with the respect, humor and in Springfield, MA. Tragically, in spite Kenny and Judy adopted two 13-year- consideration he believed they de- of the best efforts of first responders to old boys, Joshua and Terry. The will- served. His relationship with San Fran- save his life, Trooper Hall passed away ingness to open a home to older chil- cisco was with its people, and it was not long after the accident. He was dren is special; all too often these chil- one that he cherished throughout his only 57. dren are left behind. Prior to adoption, life. In death, Trooper Hall left behind a these young boys struggled with uncer- Bill approached the people and expe- number of significant, enduring leg- tainty and one child endured 23 dif- riences in his life with a rare combina- acies. He was beloved by his colleagues ferent homes while waiting for perma- tion of courage, humility, and authen- on the Connecticut State Police force, nency. Judy and Kenny have given him ticity. His wisdom and camaraderie who saw him not only as a wonderful a home, security and a future. The were consistent sources of inspiration officer, but as a first-rate friend. And needs of children in foster care are that will truly be missed. Although he he was also part of a larger family of challenging. But when we help these is no longer with us, Bill left us not local and State law enforcement offi- vulnerable, young people, we change only with the tangible symbols of his cers across the country who considered their life, and in fact the lives of the legacy in San Francisco, but also with him a brother in arms. Is it any wonder entire family and communities. This is enduring memories of his engaging per- then, that thousands of police officers, why throughout my Senate career, I sonality and steadfast determination.∑ some from as far away as Louisiana have worked to improve Federal poli- f and California, gathered at his funeral cies for adoptions and child welfare in- in Hartford on September 11? What a cluding the 2008 Fostering Connections REMEMBERING KENNETH RAY fitting tribute for such an amazing offi- Act and the Adoption and Safe Fami- HALL cer, a man who dedicated the better lies Act of 1997. We should provide sup- ∑ Mr. DODD. Mr. President, today I part of his life to serving the public port and encouragement for foster and honor the life of Connecticut State good. adoptive families the quality training trooper first class Kenneth Ray Hall of But perhaps the most important of and education they need and the all of Hartford, CT, who was killed in the the numerous legacies Trooper Hall the support possible for the case- line of duty earlier this month. I would left behind is his large, closely-knit, workers and judges making the tough like to take this opportunity to extend and incredibly loving family. For his decisions about a child’s placement. my deepest condolences to Trooper wife Sheila, seven adult children, Tara, Each fall, I have the pleasure of hon- Hall’s family, his colleagues on the Troy, Norman, Teon, Tyco, Andrea and oring one of the families in our State Connecticut State Police force, and all Michael, and countless other family who have opened their hearts and those who knew and loved him. The members, Trooper Hall was more than homes to children in need. It is my sense of loss they must feel is undoubt- just a dedicated member of Connecti- great honor to highlight these heroes

VerDate Mar 15 2010 22:04 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00050 Fmt 4637 Sfmt 0634 E:\RECORD10\RECFILES\S27SE0.REC S27SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 27, 2010 CONGRESSIONAL RECORD — SENATE S7505 among us. The Simmons’ family gives 2010, during the adjournment of the Committee on Commerce, Science, and all they can and never gives up. They Senate, she had presented to the Presi- Transportation. are the eptiomy of what a committed, dent of the United States the following EC–7545. A communication from the Dep- uty Chief Counsel for Regulations and Secu- forever family, is all about. For this, I enrolled bills: rity Standards, Transportation Security Ad- want to recognize, honor, and thank S. 1674. An act to provide for an exclusion ministration, Department of Homeland Se- them for their passion and dedication under the Supplemental Security Income curity, transmitting, pursuant to law, the re- and for being true angels in adoption I program and the Medicaid program for com- port of a rule entitled ‘‘Revision of Enforce- admire.∑ pensation provided to individuals who par- ment Procedures’’ (RIN1652–AA62) received ticipate in clinical trials for rare diseases or in the Office of the President of the Senate f conditions. on September 21, 2010; to the Committee on MESSAGE FROM THE PRESIDENT S. 3717. An act to amend the Securities Ex- Commerce, Science, and Transportation. EC–7546. A communication from the Chief A message from the President of the change Act of 1934, the Investment Company Act of 1940, and the Investment Advisers Act of Recovery and Delisting Branch, Endan- United States was communicated to of 1940 to provide for certain disclosures gered Species Program, Department of the the Senate by Mr. Pate, one of his sec- under section 552 of title 5, United States Interior, transmitting, pursuant to law, the retaries. Code, (commonly referred to as the Freedom report of a rule entitled ‘‘Endangered and f of Information Act), and for other purposes. Threatened Wildlife and Plants; Reclassifica- S. 3814. An act to extend the National tion of the Oregon Chub From Endangered to EXECUTIVE MESSAGE REFERRED Flood Insurance Program until September Threatened’’ (RIN1018–AW42) received in the As in executive session the Presiding 30, 2011. Office of the President of the Senate on Sep- Officer laid before the Senate a mes- tember 21, 2010; to the Committee on Envi- f ronment and Public Works. sage from the President of the United EC–7547. A communication from the Chief States submitting a nomination which EXECUTIVE AND OTHER of the Publications and Regulations Branch, was referred to the Committee on For- COMMUNICATIONS Internal Revenue Service, Department of the eign Relations. The following communications were Treasury, transmitting, pursuant to law, the (The nomination received today is laid before the Senate, together with report of a rule entitled ‘‘Revenue Ruling— printed at the end of the Senate pro- accompanying papers, reports, and doc- Over the Counter Drugs’’ (Rev. Rul. 2010–23) ceedings.) received in the Office of the President of the uments, and were referred as indicated: Senate on September 20, 2010; to the Com- f EC–7540. A communication from the Direc- mittee on Finance. MESSAGE FROM THE HOUSE tor, National Institute of Food and Agri- EC–7548. A communication from the Sec- culture, Department of Agriculture, trans- retary of Health and Human Services, trans- RECEIVED DURING ADJOURNMENT mitting, pursuant to law, the report of a rule mitting, pursuant to law, a report entitled ENROLLED BILLS SIGNED entitled ‘‘Competitive and Noncompetitive ‘‘Child Care and Development Fund Report Under the authority of the order of Non-formula Federal Assistance Programs— to Congress for Fiscal Years 2006 and 2007’’; the Senate of January 6, 2009, the Sec- Specific Administrative Provisions for the to the Committee on Finance. EC–7549. A communication from the Sec- retary of the Senate, on September 24, New Era Rural Technology Competitive Grants Program’’ (RIN0524–AA60) received in retary of Transportation, transmitting, pur- 2010, during the adjournment of the the Office of the President of the Senate on suant to law, the Department’s Annual Re- Senate, received a message from the September 21, 2010; to the Committee on Ag- port on Disability-Related Air Travel Com- House announcing that the Speaker riculture, Nutrition, and Forestry. plaints; to the Committee on Health, Edu- has signed the following enrolled bills: EC–7541. A communication from the Sec- cation, Labor, and Pensions. EC–7550. A communication from the Dep- S. 1674. An act to provide for an exclusion retary, Office of the Chief Accountant, Secu- uty Director of Regulations and Policy Man- under the Supplemental Security Income rities and Exchange Commission, transmit- agement Staff, Food and Drug Administra- program and the Medicaid program for com- ting, pursuant to law, the report of a rule en- tion, Department of Health and Human Serv- pensation provided to individuals who par- titled ‘‘Internal Control Over Financial Re- ices, transmitting, pursuant to law, the re- ticipate in clinical trials for rare diseases or porting in Exchange Act Periodic Reports of Non-Accelerated Filers’’ (5 U.S.C. Section port of a rule entitled ‘‘Cardiovascular De- conditions. vices; Reclassification of Certain S. 3717. An act to amend the Securities Ex- 801) received in the Office of the President of Percutaneous Transluminal Coronary change Act of 1934, the Investment Company the Senate on September 20, 2010; to the Angioplasty (PTCA) Catheters’’ (Docket No. Act of 1940, and the Investment Advisers Act Committee on Banking, Housing, and Urban Affairs. FDA–2000–P–0924) received in the Office of of 1940 to provide for certain disclosures the President of the Senate on September 21, EC–7542. A communication from the Acting under section 552 of title 5, United States 2010; to the Committee on Health, Education, Deputy Director of National Marine Sanc- Code, (commonly referred to as the Freedom Labor, and Pensions. of Information Act), and for other purposes. tuaries, National Oceanic and Atmospheric EC–7551. A communication from the Sec- S. 3814. An act to extend the National Administration, Department of Commerce, retary of Health and Human Services, trans- Flood Insurance Program until September transmitting, pursuant to law, the report of mitting, pursuant to law, the Department’s 30, 2011. a rule entitled ‘‘Changes to the Florida Keys report entitled ‘‘Report to Congress on a The enrolled bills were subsequently National Marine Sanctuary Regulations; Plan for The Proposed Head Start Program signed by the President pro tempore Technical Corrections and Minor Sub- Designation Renewal System’’; to the Com- stantive Changes’’ (RIN0648–AX34) received (Mr. INOUYE). mittee on Health, Education, Labor, and in the Office of the President of the Senate Pensions. f on September 20, 2010; to the Committee on EC–7552. A communication from the Sec- MESSAGE FROM THE HOUSE Commerce, Science, and Transportation. retary of Health and Human Services, trans- EC–7543. A communication from the Acting mitting, pursuant to law, a report to Con- At 2:03 p.m., a message from the Deputy Director of National Marine Sanc- gress by the Interagency Access to Health House of Representatives, delivered by tuaries, National Oceanic and Atmospheric Care in Alaska Task Force; to the Com- Mrs. Cole, one of its reading clerks, an- Administration, Department of Commerce, mittee on Health, Education, Labor, and nounced that the House has agreed to transmitting, pursuant to law, the report of Pensions. the amendment of the Senate to the a rule entitled ‘‘Gulf of the Farallones, Mon- EC–7553. A communication from the Chief terey Bay and Cordell Bank National Marine Privacy Officer, Privacy Office, Department bill (H.R. 1517) to allow certain U.S. Sanctuaries Technical Corrections’’ Customs and Border protection em- of Homeland Security, transmitting, pursu- (RIN0648–AY20) received in the Office of the ant to law, a report entitled ‘‘DHS Privacy ployees who serve under an overseas President of the Senate on September 20, Office 2010 Annual Report to Congress’’; to limited appointment for at least 2 2010; to the Committee on Commerce, the Committee on Homeland Security and years, and whose service is rated fully Science, and Transportation. Governmental Affairs. EC–7544. A communication from the Acting successful or higher throughout that f time, to be converted to a permanent Deputy Director of National Marine Sanc- appointment in the competitive serv- tuaries, National Oceanic and Atmospheric PETITIONS AND MEMORIALS Administration, Department of Commerce, The following petitions and memo- ice. transmitting, pursuant to law, the report of f a rule entitled ‘‘Gray’s Reef National Marine rials were laid before the Senate and were referred or ordered to lie on the ENROLLED BILLS PRESENTED Sanctuary Regulations on the Use of Spearfishing Gear; Correction’’ (RIN0648– table as indicated: The Assistant Secretary of the Sen- AX37) received in the Office of the President POM–142. A joint resolution adopted by the ate reported that on September 24, of the Senate on September 20, 2010; to the Legislature of the State of California urging

VerDate Mar 15 2010 22:04 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00051 Fmt 4637 Sfmt 0634 E:\RECORD10\RECFILES\S27SE0.REC S27SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7506 CONGRESSIONAL RECORD — SENATE September 27, 2010 Congress to protect and preserve the ability ways been subject to constitutional limita- REPORTS OF COMMITTEES of California wineries, as all American tion and judicial review; and The following reports of committees wineries, to ship wine directly to consumers Whereas, court decisions over the last 40 without discrimination between in-state and years balance state authority to regulate al- were submitted: out-of-state wine producers; to the Com- cohol with the framer’s belief that the na- By Mr. BINGAMAN, from the Committee mittee on the Judiciary. tion would only succeed if interstate com- on Energy and Natural Resources, with an merce thrived; and amendment in the nature of a substitute: SENATE JOINT RESOLUTION NO. 34 S. 349. A bill to establish the Susquehanna Whereas, the Commerce Clause has been Whereas. California is the fourth largest Gateway National Heritage Area in the applied judiciously by the courts to foster wine producing region in the world, after State of Pennsylvania, and for other pur- national economic goals while preserving France, Italy, and Spain; and poses (Rept. No. 111–303). Whereas, California has 2,972 bonded nondiscriminatory state authority; and By Mr. BINGAMAN, from the Committee wineries; and Whereas, the landmark 2005 United States on Energy and Natural Resources, with an Whereas, California has 4,600 winegrape Supreme Court case, Granholm v. Heald, re- amendment in the nature of a substitute and growers; and affirmed states’ rights under the 21st Amend- an amendment to the title: Whereas, California has 531,000 acres of ment to the United States Constitution to S. 607. A bill to amend the National Forest winegrapes; and regulate wine as long as they do not dis- Ski Area Permit Act of 1986 to clarify the Whereas, California winegrowers ship over criminate between in-state producers and authority of the Secretary of Agriculture re- 193 million cases, representing some 467 mil- out-of-state producers, and correctly ruled garding additional recreational uses of Na- lion gallons of wine to the United States that these rights do not supersede other pro- tional Forest System land that are subject wine market; and visions of the Constitution; and to ski area permits, and for other purposes Whereas, the California wine industry cre- Whereas, H.R. 5034 would severely limit (Rept. No. 111–304). ates more than 330,000 jobs, billions of dol- consumer choice in California wine through- By Mr. BINGAMAN, from the Committee lars in economic impact, and preserves agri- out the nation as direct-to-consumer laws on Energy and Natural Resources, with an cultural land and family farms; and are amended or repealed; and amendment: Whereas, the California wine industry gen- Whereas, H.R. 5034 would imperil market S. 745. A bill to amend the Reclamation erates higher taxes than most industries be- access for California wineries that cannot se- Wastewater and Groundwater Study and Fa- cause, as a regulated industry, it pays excise cure effective wholesale distribution; and cilities Act to authorize the Secretary of the taxes to the state and federal government on Whereas, H.R. 5034 would stunt competi- Interior to participate in the Magna Water every gallon of wine; and tion among the nation’s 7,011 wine producers District water reuse and groundwater re- Whereas, the California wine industry has as markets are artificially constrained and charge project, and for other purposes (Rept. No. 111–305). an annual impact of $61.5 billion on the access is limited; and By Mr. BINGAMAN, from the Committee state’s economy and produces the number Whereas, H.R. 5034 would allow certain on Energy and Natural Resources, with an one finished agricultural product in the state alcohol laws to avoid judicial scrutiny amendment in the nature of a substitute: state; and through a presumption of validity; and S. 1117. A bill to authorize the Secretary of Whereas, the economic impact of the Whereas, H.R. 5034 would reverse decades the Interior to provide assistance in imple- United States wine industry on the national of long-established jurisprudence that has menting cultural heritage, conservation, and economy is $121.8 billion annually; and balanced interstate commerce concerns with recreational activities in the Connecticut Whereas, California’s wine industry at- state regulatory authority and fostered a River watershed of the States of New Hamp- tracts 20.7 million tourists annually to all dramatic growth in wine production, sales, shire and Vermont (Rept. No. 111–306). regions of California and generates wine-re- and tax revenue; and By Mr. BINGAMAN, from the Committee lated tourism expenditures of $2.1 billion; Whereas, H.R. 5034 would insulate and on Energy and Natural Resources, with an and sanction discriminatory state laws by re- amendment in the nature of a substitute and Whereas, currently 37 states and the Dis- versing evidentiary rules for Commerce an amendment to the title: trict of Columbia allow direct shipping of Clause legal challenges and increasing the S. 1320. A bill to provide assistance to own- wine from winegrowers to consumers; and burden of proof of plaintiffs; and ers of manufactured homes constructed be- Whereas, the innovation and entrepre- Whereas, H.R. 5034 would frustrate legiti- fore January 1, 1976, to purchase Energy neurial spirit of small California wineries mate challenges to superficially neutral, but Star—qualified manufactured homes (Rept. drives the entire industry to improve and nonetheless discriminatory, state laws like No. 111–307). progress; and the landmark Massachusetts production cap By Mr. BINGAMAN, from the Committee Whereas, in order to reach consumers in case, Family Winemakers of California v. on Energy and Natural Resources, with an amendment in the nature of a substitute: other states, many California wineries have Jenkins (2010) 592 F.3d 1; and turned to direct marketing and shipping of S. 1596. A bill to authorize the Secretary of Whereas, H.R. 5034 would be an unprece- their wines; and the Interior to acquire the Gold Hill Ranch dented shift in the relationship between fed- Whereas, since 1985 California has pio- in Coloma, California (Rept. No. 111–308). eral and state authority over wine; Now, neered consumer access to wine through re- By Mr. BINGAMAN, from the Committee therefore, be it ciprocal and permit shipping to alleviate on Energy and Natural Resources, with scarcity at the retail level of California Resolved by the Senate and the Assembly of amendments: wines; and the State of California, jointly, That the Legis- S. 1651. A bill to modify a land grant pat- Whereas, over the past 10 years, consolida- lature of the State of California hereby re- ent issued by the Secretary of the Interior tion trends within the wholesale tier have spectfully urges Congress to protect and pre- (Rept. No. 111–309). By Mr. BINGAMAN, from the Committee made it difficult for California wineries to serve the ability of California wineries, as on Energy and Natural Resources, with an achieve adequate distribution, and, as a re- well as all American wineries, to ship wine directly to consumers without discrimina- amendment in the nature of a substitute: sult, have limited consumer choice; and S. 1689. A bill to designate certain land as Whereas, California wineries have offered tion between in-state and out-of-state wine producers; and be it further components of the National Wilderness Pres- voluntarily to have their direct marketing ervation System and the National Landscape and shipping permitted and regulated by Resolved, That the Legislature of the State of California urges the defeat of H.R. 5034; Conservation System in the State of New other states to ensure that those states col- Mexico, and for other purposes (Rept. No. lect the same taxes that wines sold through and be it further Resolved, That the Secretary of the Senate 111–310). the three-tier system must pay, that direct By Mr. BINGAMAN, from the Committee transmit copies of this resolution to the deliveries would be made only to adults, and on Energy and Natural Resources, without President and Vice President of the United that direct deliveries are not made in ‘‘dry’’ amendment: areas, as defined under the laws of each States, to the President pro tempore of the S. 1750. A bill to authorize the Secretary of state; and United States Senate, to the Speaker of the the Interior to conduct a special resource Whereas, the California wine industry has House of Representatives, and to each Sen- study of the General of the Army George developed comprehensive model direct ship- ator and Representative from California in Catlett Marshall National Historic Site at ping legislation to address all of the con- the Congress of the United States. Dodona Manor in Leesburg, Virginia, and for cerns expressed by state alcohol regulators other purposes (Rept. No. 111–311). across the country; and POM–143. A resolution from the Legisla- S. 2052. A bill to amend the Energy Policy Whereas, California has enacted a law to ture of Rockland County, New York relative Act of 2005 to require the Secretary of En- open direct shipping of wine from other to the Safe Drinking Water Act and hydrau- ergy to carry out a research and develop- states to its own residents without limita- lic fracturing; to the Committee on Environ- ment and demonstration program to reduce tion through a simple permit system to com- ment and Public Works. manufacturing and construction costs relat- ply with the decision in Granholm v. Heald POM–144. A resolution from the Legisla- ing to nuclear reactors, and for other pur- (2005) 544 U.S. 460; and ture of Rockland County, New York urging poses (Rept. No. 111–312). Whereas, States’ rights to regulate wine Congress to pass the Veteran Employment By Mr. BINGAMAN, from the Committee and alcohol granted by the 21st Amendment Assistance Act of 2010; to the Committee on on Energy and Natural Resources, with an to the United States Constitution have al- Veterans’ Affairs. amendment in the nature of a substitute:

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S. 2798. A bill to reduce the risk of cata- and the Interior to provide service opportu- By Mr. KYL (for himself, Mr. MERKLEY, strophic wildfire through the facilitation of nities for young Americans; help restore the and Mr. BURR): insect and disease infestation treatment of nation’s natural, cultural, historic, archae- S. 3841. A bill to amend title 18, United National Forest System and adjacent land, ological, recreational and scenic resources; States Code, to prohibit the creation, sale, and for other purposes (Rept. No. 111–313). train a new generation of public land man- distribution, advertising, marketing, and ex- By Mr. BINGAMAN, from the Committee agers and enthusiasts; and promote the value change of animal crush videos that depict on Energy and Natural Resources, with of public service (Rept. No. 111–323). obscene acts of animal cruelty, and for other amendments: H.R. 2430. A bill to direct the Secretary of purposes; to the Committee on the Judici- S. 2812. A bill to amend the Energy Policy the Interior to continue stocking fish in cer- ary. Act of 2005 to require the Secretary of En- tain lakes in the North Cascades National By Mr. LEAHY (for himself, Mr. ergy to carry out programs to develop and Park, Ross Lake National Recreation Area, FRANKEN, and Ms. KLOBUCHAR): demonstrate 2 small modular nuclear reactor and Lake Chelan National Recreation Area S. 3842. A bill to protect crime victims’ designs, and for other purposes (Rept. No. (Rept. No. 111–324). rights, to eliminate the substantial backlog 111–314). By Mr. BINGAMAN, from the Committee of DNA samples collected from crime scenes By Mr. BINGAMAN, from the Committee on Energy and Natural Resources, with an and convicted offenders, to improve and ex- on Energy and Natural Resources, without amendment: pand the DNA testing capacity of Federal, amendment: H.R. 2442. A bill to amend the Reclamation State, and local crime laboratories, to in- S. 2900. A bill to establish a research, de- Wastewater and Groundwater Study and Fa- crease research and development of new DNA velopment, and technology demonstration cilities Act to expand the Bay Area Regional testing technologies, to develop new training program to improve the efficiency of gas tur- Water Recycling Program, and for other pur- programs regarding the collection and use of bines used in combined cycle and simple poses (Rept. No. 111–325). DNA evidence, to provide post conviction cycle power generation systems (Rept. No. By Mr. BINGAMAN, from the Committee testing of DNA evidence to exonerate the in- 111–315). on Energy and Natural Resources, without nocent, to improve the performance of coun- By Mr. BINGAMAN, from the Committee amendment: sel in State capital cases, and for other pur- on Energy and Natural Resources, with an H.R. 2522. A bill to raise the ceiling on the poses; to the Committee on the Judiciary. amendment in the nature of a substitute: Federal share of the cost of the Calleguas By Mr. SCHUMER (for himself, Mrs. S. 3075. A bill to withdraw certain Federal Municipal Water District Recycling Project, GILLIBRAND, Mr. FEINGOLD, and Mrs. land and interests in that land from loca- and for other purposes (Rept. No. 111–326). BOXER): tion, entry, and patent under the mining H.R. 3388. A bill to modify the boundary of S. 3843. A bill to require disclosure of the laws and disposition under the mineral and Petersburg National Battlefield in the Com- physical location of business agents engag- geothermal leasing laws (Rept. No. 111–316). monwealth of Virginia, and for other pur- ing in customer service communications, By Mr. BINGAMAN, from the Committee poses (Rept. No. 111–327). and for other purposes; to the Committee on on Energy and Natural Resources, with an H.R. 4252. A bill to direct the Secretary of Commerce, Science, and Transportation. amendment in the nature of a substitute: the Interior to conduct a study of water re- By Mr. LUGAR: S. 3303. A bill to establish the Chimney sources in the Rialto—Colton Basin in the S. 3844. A bill to provide for the approval of Rock National Monument in the State of State of California, and for other purposes the Agreement Between the Government of Colorado (Rept. No. 111–317). (Rept. No. 111–328). the United States of America and the Gov- By Mr. BINGAMAN, from the Committee H.R. 4349. A bill to further allocate and ex- ernment of Australia Concerning Peaceful on Energy and Natural Resources, with an pand the availability of hydroelectric power Uses of Nuclear Energy; to the Committee on amendment: generated at Hoover Dam, and for other pur- Foreign Relations. S. 3313. A bill to withdraw certain land lo- poses (Rept. No. 111–329). By Mr. CASEY: cated in Clark County, Nevada from loca- H.R. 4395. A bill to revise the boundaries of S. 3845. A bill to establish the National tion, entry, and patent under the mining the Gettysburg National Military Park to in- Competition for Community Renewal to en- laws and disposition under all laws per- clude the Gettysburg Train Station, and for courage communities to adopt innovative taining to mineral and geothermal leasing or other purposes (Rept. No. 111–330). strategies and design principles, to programs mineral materials, and for other purposes By Mr. BINGAMAN, from the Committee related to poverty prevention, recovery and (Rept. No. 111–318). on Energy and Natural Resources, with an response, and for other purposes; to the Com- By Mr. BINGAMAN, from the Committee amendment in the nature of a substitute: mittee on Finance. on Energy and Natural Resources, with H.R. 5026. To amend the Federal Power Act By Ms. COLLINS (for herself and Mr. amendments and an amendment to the title: to protect the bulk-power system and elec- AKAKA): S. 3396. A bill to amend the Energy Policy tric infrastructure critical to the defense of S. 3846. A bill to establish a temporary pro- and Conservation Act to establish within the the United States against cybersecurity and hibition on termination coverage under the Department of Energy a Supply Star pro- other threats and vulnerabilities (Rept. No. TRICARE program for age of dependents gram to identify and promote practices, 111–331). under the age of 26 years; to the Committee companies, and products that use highly effi- By Mr. BINGAMAN, from the Committee on Armed Services. cient supply chains in a manner that con- on Energy and Natural Resources, with an By Mr. KERRY (for himself and Mr. serves energy, water, and other resources amendment in the nature of a substitute and LUGAR): (Rept. No. 111–319). an amendment to the title: S. 3847. A bill to implement certain defense By Mr. BINGAMAN, from the Committee S. 3460. A bill to require the Secretary of trade cooperation treaties, and for other pur- on Energy and Natural Resources, with an Energy to provide funds to States for re- poses; considered and passed. amendment in the nature of a substitute: bates, loans, and other incentives to eligible S. 3404. A bill to amend the Reclamation f Projects Authorization and Adjustment Act individuals or entities for the purchase and of 1992 to require the Secretary of the Inte- installation of solar energy systems for prop- SUBMISSION OF CONCURRENT AND rior, acting through the Bureau of Reclama- erties located in the United States, and for SENATE RESOLUTIONS tion, to take actions to improve environ- other purposes (Rept. No. 111–332). By Mr. LIEBERMAN, from the Committee The following concurrent resolutions mental conditions in the vicinity of the and Senate resolutions were read, and Leadville Mine Drainage Tunnel in Lake on Homeland Security and Governmental Af- County, Colorado, and for other purposes fairs, with an amendment and an amendment referred (or acted upon), as indicated: (Rept. No. 111–320). to the title: By Ms. LANDRIEU (for herself, Mr. S. 3452. A bill to designate the Valles S. 3243. A bill to require U.S. Customs and INHOFE, Mrs. LINCOLN, Mr. GRASSLEY, Caldera National Preserve as a unit of the Border Protection to administer polygraph Mrs. MURRAY, Mr. DEMINT, Mr. National Park System, and for other pur- examinations to all applicants for law en- KERRY, Ms. COLLINS, Mr. NELSON of poses (Rept. No. 111–321). forcement positions with U.S. Customs and Nebraska, Mr. ENZI, Mr. CARDIN, Mr. By Mr. BINGAMAN, from the Committee Border Protection, to require U.S. Customs VOINOVICH, Mr. FRANKEN, Mr. THUNE, on Energy and Natural Resources, without and Border Protection to complete all peri- Mr. CONRAD, Mr. COBURN, Mr. amendment: odic background reinvestigations of certain MERKLEY, Mr. BROWNBACK, Mr. JOHN- H.R. 685. To require the Secretary of the law enforcement personnel, and for other SON, Mr. BENNETT, Mr. ROCKEFELLER, Interior to conduct a special resource study purposes. Mr. ALEXANDER, Mrs. HUTCHISON, Mr. regarding the proposed United States Civil f LEMIEUX, Mrs. GILLIBRAND, Mr. Rights Trail, and for other purposes (Rept. LUGAR, Ms. KLOBUCHAR, Mr. LAUTEN- No. 111–322). INTRODUCTION OF BILLS AND BERG, Mr. WYDEN, Mr. INOUYE, and By Mr. BINGAMAN, from the Committee JOINT RESOLUTIONS Mr. CORNYN): on Energy and Natural Resources, with an S. Res. 647. A resolution expressing the amendment in the nature of a substitute: The following bills and joint resolu- support for the goals of National Adoption H.R. 1612. To amend the Public Lands tions were introduced, read the first Day and National Adoption Month by pro- Corps Act of 1993 to expand the authorization and second times by unanimous con- moting national awareness of adoption and of the Secretaries of Agriculture, Commerce, sent, and referred as indicated: the children awaiting families, celebrating

VerDate Mar 15 2010 22:04 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00053 Fmt 4637 Sfmt 0634 E:\RECORD10\RECFILES\S27SE0.REC S27SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7508 CONGRESSIONAL RECORD — SENATE September 27, 2010 children and families involved in adoption, TENBERG), the Senator from Michigan trator of General Services to convey a and encouraging Americans to secure safety, (Mr. LEVIN), the Senator from Colorado parcel of real property in the District permanency, and well-being for all children; (Mr. UDALL), the Senator from Min- of Columbia to provide for the estab- to the Committee on Health, Education, nesota (Ms. KLOBUCHAR), the Senator lishment of a National Women’s His- Labor, and Pensions. ROWN By Mr. CRAPO (for himself, Mrs. LIN- from Ohio (Mr. B ), the Senator tory Museum. COLN, Mrs. SHAHEEN, and Mr. DOR- from New York (Mr. SCHUMER) and the S. 2888 GAN): Senator from California (Mrs. BOXER) At the request of Mr. CARDIN, the S. Res. 648. A resolution designating the were added as cosponsors of S. 455, a name of the Senator from Pennsyl- week beginning on Monday, November 8, bill to require the Secretary of the vania (Mr. SPECTER) was added as a co- 2010, as ‘‘National Veterans History Project Treasury to mint coins in recognition sponsor of S. 2888, a bill to amend sec- Week’’; to the Committee on the Judiciary. of 5 United States Army Five-Star tion 205 of title 18, United States Code, By Mr. CONRAD (for himself, Mr. ENZI, Generals, George Marshall, Douglas and Mr. CARDIN): to exempt qualifying law school stu- S. Res. 649. A resolution supporting the MacArthur, Dwight Eisenhower, Henry dents participating in legal clinics goals and ideals of ‘‘National Save for Re- ‘‘Hap’’ Arnold, and Omar Bradley, from the application of the general tirement Week’’, including raising public alumni of the United States Army conflict of interest rules under such awareness of the various tax-preferred retire- Command and General Staff College, section. ment vehicles and increasing personal finan- Fort Leavenworth, Kansas, to coincide S. 2896 cial literacy; considered and agreed to. with the celebration of the 132nd Anni- At the request of Mr. FRANKEN, the By Mr. REED (for himself, Ms. COL- versary of the founding of the United name of the Senator from New York LINS, Mr. CARDIN, Mr. WHITEHOUSE, States Army Command and General Mr. MENENDEZ, Mr. DODD, Mrs. (Mrs. GILLIBRAND) was added as a co- BOXER, and Mr. JOHANNS): Staff College. sponsor of S. 2896, a bill to recruit, sup- S. Res. 650. A resolution designating the S. 1311 port, and prepare principals to improve week of October 24 through October 30, 2010, At the request of Mr. WICKER, the student academic achievement at high- as ‘‘National Childhood Lead Poisoning Pre- name of the Senator from Florida (Mr. need schools. vention Week’’; considered and agreed to. LEMIEUX) was added as a cosponsor of S. 2920 By Mr. REID (for Mrs. LINCOLN (for S. 1311, a bill to amend the Federal At the request of Mr. LAUTENBERG, herself, Mr. COCHRAN, Mrs. FEINSTEIN, Water Pollution Control Act to expand Mr. PRYOR, Ms. LANDRIEU, Mrs. the name of the Senator from Min- and strengthen cooperative efforts to BOXER, Mr. VITTER, Mrs. MCCASKILL, nesota (Mr. FRANKEN) was added as a Mr. BOND, Mr. WICKER, and Mr. monitor, restore, and protect the re- cosponsor of S. 2920, a bill to amend CORNYN)): source productivity, water quality, and chapter 1 of title 23, United States S. Res. 651. A resolution recognizing the marine ecosystems of the Gulf of Mex- Code, to condition the receipt of cer- 20th anniversary of the designation of the ico. tain highway funding by States on the month of September of 1991 as ‘‘National S. 1327 Rice Month’’; considered and agreed to. enactment and enforcement by States At the request of Mr. JOHNSON, the of certain laws to prevent repeat in- f name of the Senator from Arkansas toxicated driving. (Mrs. LINCOLN) was added as a cospon- ADDITIONAL COSPONSORS S. 3036 sor of S. 1327, a bill to reauthorize the At the request of Mr. BAYH, the name S. 435 public and Indian housing drug elimi- of the Senator from Maine (Ms. SNOWE) At the request of Mr. CASEY, the nation program of the Department of was added as a cosponsor of S. 3036, a name of the Senator from Rhode Island Housing and Urban Development, and bill to establish the Office of the Na- (Mr. WHITEHOUSE) was added as a co- for other purposes. tional Alzheimer’s Project. sponsor of S. 435, a bill to provide for S. 1350 S. 3039 evidence-based and promising practices At the request of Mr. PRYOR, the related to juvenile delinquency and name of the Senator from Nevada (Mr. At the request of Mr. UDALL of New Mexico, the names of the Senator from criminal street gang activity preven- REID) was added as a cosponsor of S. tion and intervention to help build in- 1350, a bill to encourage increased pro- Connecticut (Mr. DODD) and the Sen- dividual, family, and community duction of natural gas and liquified pe- ator from Minnesota (Mr. FRANKEN) strength and resiliency to ensure that troleum gas vehicles and to provide tax were added as cosponsors of S. 3039, a youth lead productive, safe, healthy, incentives for natural gas and liquefied bill to prevent drunk driving injuries gang-free, and law-abiding lives. petroleum gas vehicle infrastructure, and fatalities, and for other purposes. S. 446 and for other purposes. S. 3371 At the request of Mr. SPECTER, the S. 1445 At the request of Mrs. MCCASKILL, name of the Senator from Massachu- At the request of Mr. LAUTENBERG, the name of the Senator from Con- setts (Mr. KERRY) was added as a co- the name of the Senator from Oregon necticut (Mr. DODD) was added as a co- sponsor of S. 446, a bill to permit the (Mr. WYDEN) was added as a cosponsor sponsor of S. 3371, a bill to amend title televising of Supreme Court pro- of S. 1445, a bill to amend the Public 10, United States Code, to improve ac- ceedings. Health Service Act to improve the cess to mental health care counselors under the TRICARE program, and for S. 455 health of children and reduce the oc- other purposes. At the request of Mr. ROBERTS, the currence of sudden unexpected infant names of the Senator from Massachu- death and to enhance public health ac- S. 3398 setts (Mr. BROWN), the Senator from tivities related to stillbirth. At the request of Mr. BAUCUS, the Hawaii (Mr. INOUYE), the Senator from S. 1553 name of the Senator from South Da- Louisiana (Ms. LANDRIEU), the Senator At the request of Mr. GRASSLEY, the kota (Mr. JOHNSON) was added as a co- from Texas (Mr. CORNYN), the Senator name of the Senator from Vermont sponsor of S. 3398, a bill to amend the from Idaho (Mr. CRAPO), the Senator (Mr. SANDERS) was added as a cospon- Internal Revenue Code of 1986 to extend from Florida (Mr. LEMIEUX), the Sen- sor of S. 1553, a bill to require the Sec- the work opportunity credit to certain ator from Michigan (Ms. STABENOW), retary of the Treasury to mint coins in recently discharged veterans. the Senator from Tennessee (Mr. ALEX- commemoration of the National Fu- S. 3424 ANDER), the Senator from Iowa (Mr. ture Farmers of America Organization At the request of Mr. DURBIN, the GRASSLEY), the Senator from Vermont and the 85th anniversary of the found- name of the Senator from New York (Mr. LEAHY), the Senator from Okla- ing of the National Future Farmers of (Mrs. GILLIBRAND) was added as a co- homa (Mr. COBURN), the Senator from America Organization. sponsor of S. 3424, a bill to amend the Hawaii (Mr. AKAKA), the Senator from S. 2129 Animal Welfare Act to provide further Virginia (Mr. WARNER), the Senator At the request of Ms. COLLINS, the protection for puppies. from Mississippi (Mr. WICKER), the Sen- name of the Senator from Texas (Mrs. S. 3572 ator from Pennsylvania (Mr. SPECTER), HUTCHISON) was added as a cosponsor of At the request of Mrs. LINCOLN, the the Senator from New Jersey (Mr. LAU- S. 2129, a bill to authorize the Adminis- name of the Senator from Connecticut

VerDate Mar 15 2010 22:04 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00054 Fmt 4637 Sfmt 0634 E:\RECORD10\RECFILES\S27SE0.REC S27SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 27, 2010 CONGRESSIONAL RECORD — SENATE S7509 (Mr. DODD) was added as a cosponsor of S. 3755 gate acts of genocide and other mass S. 3572, a bill to require the Secretary At the request of Mr. ROCKEFELLER, atrocities against civilians, and sup- of the Treasury to mint coins in com- the name of the Senator from New porting and encouraging efforts to de- memoration of the 225th anniversary of York (Mr. SCHUMER) was added as a co- velop a whole of government approach the establishment of the Nation’s first sponsor of S. 3755, a bill to ensure fair- to prevent and mitigate such acts. law enforcement agency, the United ness in admiralty and maritime law S. RES. 278 States Marshals Service. and for other purposes. At the request of Mrs. GILLIBRAND, S. 3668 S. 3775 the name of the Senator from Kansas At the request of Mr. HARKIN, the At the request of Mr. TESTER, the (Mr. ROBERTS) was added as a cospon- name of the Senator from Vermont name of the Senator from Hawaii (Mr. sor of S. Res. 278, a resolution honoring (Mr. LEAHY) was added as a cosponsor INOUYE) was added as a cosponsor of S. the Hudson River School painters for of S. 3668, a bill to require the Sec- 3775, a bill to improve prostate cancer their contributions to the United retary of Health and Human Services screening and treatment, particularly States Senate. to establish a demonstration program in medically underserved communities, S. RES. 631 to award grants to, and enter into con- and for other purposes. At the request of Mrs. LINCOLN, the tracts with, medical-legal partnerships S. 3786 names of the Senator from Michigan to assist patients and their families to At the request of Mr. KERRY, the (Ms. STABENOW), the Senator from navigate health-related programs and name of the Senator from California Washington (Mrs. MURRAY) and the activities. (Mrs. BOXER) was added as a cosponsor Senator from North Dakota (Mr. DOR- S. 3701 of S. 3786, a bill to amend the Internal GAN) were added as cosponsors of S. At the request of Mr. GRASSLEY, the Revenue Code of 1986 to permit the Sec- Res. 631, a resolution designating the name of the Senator from South Da- retary of the Treasury to issue prospec- week beginning on November 8, 2010, as kota (Mr. JOHNSON) was added as a co- tive guidance clarifying the employ- National School Psychology Week. sponsor of S. 3701, a bill to amend the ment status of individuals for purposes S. RES. 646 Food Security Act of 1985 to restore in- of employment taxes and to prevent At the request of Mr. HATCH, the tegrity to and strengthen payment lim- retroactive assessments with respect to name of the Senator from Vermont itation rules for commodity payments such clarifications. (Mr. LEAHY) was added as a cosponsor and benefits. S. 3802 of S. Res. 646, a resolution designating S. 3703 At the request of Mr. BEGICH, his Thursday, November 18, 2010, as ‘‘Feed At the request of Mrs. MURRAY, the name was added as a cosponsor of S. America Day’’. name of the Senator from Vermont 3802, a bill to designate a mountain and f (Mr. LEAHY) was added as a cosponsor icefield in the State of Alaska as the of S. 3703, a bill to expand the research, ‘‘Mount Stevens’’ and ‘‘Ted Stevens STATEMENTS ON INTRODUCED prevention, and awareness activities of Icefield’’, respectively. BILLS AND JOINT RESOLUTIONS the Centers for Disease Control and S. 3804 By Mr. KYL (for himself, Mr. Prevention and the National Institutes At the request of Mr. LEAHY, the MERKLEY, and Mr. BURR): of Health with respect to pulmonary fi- name of the Senator from Tennessee S. 3841. A bill to amend title 18, brosis, and for other purposes. (Mr. ALEXANDER) was added as a co- United States Code, to prohibit the cre- S. 3708 sponsor of S. 3804, a bill to combat on- ation, sale, distribution, advertising, At the request of Mr. SCHUMER, the line infringement, and for other pur- marketing, and exchange of animal name of the Senator from Illinois (Mr. poses. crush videos that depict obscene acts of BURRIS) was added as a cosponsor of S. S. 3813 animal cruelty, and for other purposes; to the Committee on the Judiciary. 3708, a bill to amend titles XVIII and At the request of Mr. BINGAMAN, the XIX of the Social Security Act to clar- names of the Senator from New York Mr. KYL. Mr. President, today, Sen- ators MERKLEY and BURR and I are in- ify the application of EHR payment in- (Mrs. GILLIBRAND), the Senator from troducing the Animal Crush Video Pro- centives in cases of multi-campus hos- Missouri (Mrs. MCCASKILL) and the hibition Act of 2010. The bill would pitals. Senator from Montana (Mr. TESTER) criminalize the creation, sale, distribu- S. 3709 were added as cosponsors of S. 3813, a bill to amend the Public Utility Regu- tion, advertising, marketing, and ex- At the request of Mr. WHITEHOUSE, change of animal crush videos. Rep- the name of the Senator from New Jer- latory Policies Act of 1978 to establish resentative GALLEGLY has sponsored a sey (Mr. MENENDEZ) was added as a co- a Federal renewable electricity stand- ard, and for other purposes. House companion bill, the Prevention sponsor of S. 3709, a bill to amend the of Interstate Commerce in Animal S. 3816 Public Health Services Act and the So- Crush Videos Act, H.R. 5566. cial Security Act to extend health in- At the request of Mr. DURBIN, the Animal crush videos often depict ob- formation technology assistance eligi- name of the Senator from Vermont scene, extreme acts of animal cruelty bility to behavioral health, mental (Mr. SANDERS) was added as a cospon- designed to appeal to a specific, pru- health, and substance abuse profes- sor of S. 3816, a bill to amend the Inter- rient sexual fetish. These crush videos sionals and facilities, and for other nal Revenue Code of 1986 to create were the target of a 1999 Federal stat- purposes. American jobs and to prevent the ute that the United States Supreme S. 3735 offshoring of such jobs overseas. Court struck down earlier this year in At the request of Mrs. LINCOLN, the S. CON. RES. 63 U.S. v. Stevens. In Stevens, the Su- name of the Senator from North Caro- At the request of Mr. JOHNSON, the preme Court overturned the 1999 Act lina (Mr. BURR) was added as a cospon- name of the Senator from Louisiana banning depictions of animal cruelty sor of S. 3735, a bill to amend the Fed- (Mr. VITTER) was added as a cosponsor on the basis that it was unconsti- eral Insecticide, Fungicide, and of S. Con. Res. 63, a concurrent resolu- tutionally overbroad, in violation of Rodenticide Act to improve the use of tion expressing the sense of Congress the First Amendment. certain registered pesticides. that Taiwan should be accorded ob- The Stevens case did not involve S. 3751 server status in the International Civil crush videos and the Court specifically At the request of Mr. HATCH, the Aviation Organization (ICAO). stated that it was not deciding whether names of the Senator from Ohio (Mr. S. CON. RES. 71 a statute limited to crush videos would BROWN), the Senator from California At the request of Mr. FEINGOLD, the be constitutional. Instead it left the (Mrs. FEINSTEIN) and the Senator from name of the Senator from Maine (Ms. door open for Congress to enact a nar- Illinois (Mr. BURRIS) were added as co- SNOWE) was added as a cosponsor of S. rowly tailored ban on animal crush vid- sponsors of S. 3751, a bill to amend the Con. Res. 71, a concurrent resolution eos. Stem Cell Therapeutic and Research recognizing the United States national Our legislation would ban animal Act of 2005. interest in helping to prevent and miti- crush videos that fit squarely within

VerDate Mar 15 2010 22:04 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00055 Fmt 4637 Sfmt 0634 E:\RECORD10\RECFILES\S27SE0.REC S27SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7510 CONGRESSIONAL RECORD — SENATE September 27, 2010 the obscenity doctrine, a well-estab- tial backlog of DNA samples collected the unthinkable may have happened: lished exception to the First Amend- from crime scenes and convicted of- the State of Texas may have executed ment. The Senate Judiciary Com- fenders, to improve and expand the an innocent man. We must act to en- mittee received testimony earlier this DNA testing capacity of Federal, sure that our criminal justice system month on the obscene nature of crush State, and local crime laboratories, to works as it should so that relevant evi- videos. Dr. Kevin Volkan, a psychology increase research and development of dence is tested and considered and all professor with an expertise in atypical new DNA testing technologies, to de- defendants receive quality representa- psychopathologies, testified about the velop new training programs regarding tion. sexual nature of crush videos and the the collection and use of DNA evidence, I thank Senator FRANKEN for work- specific paraphilias associated with to provide post conviction testing of ing with me on these important issues them. He stated that in his profes- DNA evidence to exonerate the inno- and helping to craft this important sional opinion the crush videos contain cent, to improve the performance of bill. I also appreciate the Republican elements of specific forms of paraphilia counsel in State capital cases, and for Senators, including Senators SESSIONS in varying degrees and that people, other purposes; to the Committee on and GRASSLEY, who have provided usually men, watch crush videos for the Judiciary. input for this bill and participated in sexual gratification. The Humane Soci- Mr. LEAHY. Mr. President, today, I the process. I am confident that this ety’s two crush video investigations am proud to introduce the Justice for legislation will be enacted in a bipar- also confirm the inherent sexual na- All Reauthorization Act of 2010, to- tisan fashion, just as the original Jus- ture of many crush videos. Those inves- gether with Senator FRANKEN. The Jus- tice for All Act was, and I look forward tigations also found a growing market tice for All Act, passed in 2004, was an to working with Democrats and Repub- for custom-made videos for those with unprecedented bipartisan piece of licans to reach that goal. crush paraphilia. criminal justice legislation and the The original Justice for All Act in- The United States also has a long- most significant step Congress had cluded the Debbie Smith DNA Backlog history of prohibiting speech that is es- taken in many years to improve the Reduction Program, which authorized sential to criminal conduct. In the case quality of justice in this country, and significant funding to reduce the back- of animal crush videos, the videos to restore public confidence in the in- log of untested rape kits so that vic- themselves drive the criminal conduct tegrity of the American justice system. tims need not live in fear while kits depicted in them. Every State and the After several hearings and much work, languish in storage. That program is District of Columbia have laws crim- today we begin in earnest the process named after Debbie Smith, who lived inalizing the animal cruelty depicted of building on that foundation to go in fear for years after being attacked in the videos, but these laws are hard still further to ensure our criminal jus- before her rape kit was tested and the to enforce. The acts of extreme animal tice system works fairly and effec- perpetrator was caught. She and her cruelty are committed secretively and tively for all Americans. husband Rob have worked tirelessly to anonymously. The nature of the videos In 2000, I introduced the Innocence ensure that others need not experience also makes it difficult to determine Protection Act, which aimed to im- the ordeal she went through. I thank when and where the crimes occurred or prove the administration of justice by Debbie and Rob for their continuing that the crime occurred within the rel- ensuring that defendants in the most help on this extremely important evant statute of limitations. These serious cases receive competent rep- cause. prosecutorial difficulties are confirmed resentation and, where appropriate, ac- Since we passed this important law by the Association of Prosecuting At- cess to post-conviction DNA testing in 2004, the Debbie Smith Act has re- torneys. Given the difficulty in pros- necessary to prove their innocence in sulted in hundreds of millions of dol- ecuting the underlying conduct using those cases where the system got it lars going to States for the testing of state law, the integral connection be- grievously wrong. DNA samples to reduce backlogs. I tween the video and the criminal con- The Innocence Protection Act be- have worked with Senators of both par- duct, and the recent proliferation of came a key component of the Justice ties to ensure full funding for the animal crush videos on the Internet for All Act, along with important pro- Debbie Smith Act each year. since the Stevens decision, it is nec- visions to ensure that crime victims As I have researched the problem of essary for Congress to enact a new Fed- would have the rights and protections untested rape kits, there is one thing eral law targeting the interstate dis- they need and deserve, and that States that I have heard again and again: the tribution network for animal crush and communities would take major Debbie Smith program has been work- videos. steps to reduce the backlog of untested ing and is making a major difference. I This measure will also take an im- rape kits and give prompt justice for have heard from the Justice Depart- portant step by banning non-commer- victims of sexual assault. These and ment, the States, including Vermont, cial distribution of animal crush vid- other important criminal justice provi- law enforcement, and victims’ advo- eos. We believe this is necessary given sions made the Justice for All Act a cates, that Debbie Smith grants have the nature of the Internet and the groundbreaking achievement in crimi- led to significant and meaningful back- propagation of file-sharing and peer-to- log reductions and to justice for vic- peer networks that exist today. Simi- nal justice reform. The programs created by the Justice tims in jurisdictions across the coun- lar to other Federal criminal statutes For All Act have had an enormous im- try. that prohibit non-commercial distribu- pact, and it is crucial that we reau- Unfortunately, despite the good tion, there is an exception for law en- thorize them. Unfortunately, the Com- strides we have made and the signifi- forcement purposes. mittee’s hearings and recent headlines cant Federal funding for these efforts, I want to thank Senators LEAHY and have made clear that simply reauthor- we have seen alarming reports of con- SESSIONS and their staffs for their as- sistance in addressing this important izing the existing law is not enough. tinuing backlogs. A 2008 study found issue and holding a hearing on the Significant problems remain, and we 12,500 untested rape kits in the Los An- topic in the Senate Judiciary Com- must work together to address them. geles area alone. While Los Angeles has mittee. I also want to thank the Hu- In too many communities around the since made progress in addressing the mane Society for bringing this issue to country, large numbers of untested problem, other cities have now re- Congress’ attention and working tire- rape kids have come to light, many of ported backlogs almost as severe. The lessly to address it. which have not even made their way to Justice Department released a report I urge my Senate colleagues to sup- crime labs. It is unacceptable that rape last year finding that in 18 percent of port this legislation and work with me victims must still live in fear and wait open, unsolved rape cases, evidence had to swiftly enact it. for justice. We must act to fix this con- not even been submitted to a crime lab. tinuing problem. That Justice Department study gets By Mr. LEAHY (for himself, Mr. We have also seen too many cases of to a key component of this problem FRANKEN, and Ms. KLOBUCHAR): people found to be innocent after that has not yet been addressed. No S. 3842. A bill to protect crime vic- spending years in jail, and we have matter how much money we send to tims’ rights, to eliminate the substan- faced the harrowing possibility that crime labs for testing, if samples that

VerDate Mar 15 2010 22:04 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00056 Fmt 4637 Sfmt 0634 E:\RECORD10\RECFILES\S27SE0.REC S27SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 27, 2010 CONGRESSIONAL RECORD — SENATE S7511 could help close cases instead sit on fendants, including those who cannot rensic Science Improvement Grant pro- the shelf in police evidence rooms and afford a lawyer, receive constitu- gram, which is a vital program to as- never make it to the lab, that money tionally adequate representation. It re- sist forensic laboratories in performing will do no good. Police officers must quires the Department of Justice to as- the many forensic tests that are essen- understand the importance of testing sist States that want help developing tial to solving crimes and prosecuting this vital evidence and must learn an effective and efficient system of in- perpetrators. I appreciate Senator SES- when testing is appropriate and nec- digent defense, and it establishes a SIONS’ longstanding support for this essary. In too many jurisdictions, rape cause of action for the Federal Govern- important program. kits taken from victims who put them- ment to step in when States are sys- Finally, the legislation strengthens selves through further hardship to take tematically failing to provide the rep- rights for victims of crime. It gives these samples—rape kits that could resentation called for in the Constitu- crime victims an affirmative right to help law enforcement to get criminals tion. be informed of all of their rights under off the street—are sitting untested. This is a reasonable measure that the Crime Victims’ Rights Act and The bill we introduce today will fi- gives the States assistance and time other key laws, and it takes several nally address this part of the problem needed to make necessary changes and steps to make it easier for crime vic- by mandating that the Department of seeks to provide an incentive for States tims to assert their legal rights in Justice develop practices and protocols to do so. Prosecutors and defense attor- court. I thank Senators FEINSTEIN and for the processing of DNA evidence and neys recognize the importance of qual- KYL for their leadership in this area provide technical assistance to State ity defense counsel. Houston District and their assistance in developing and local governments to implement Attorney Patricia Lykos testified, these provisions. those protocols. The bill authorizes quite persuasively, before the Judici- In these times of tight budgets, it is funding to States and communities to ary Committee about how competent important to note that this bill would reduce their rape kit backlogs at the defense attorneys help her do her job as make all of these improvements with- law enforcement stage by training offi- a prosecutor even better. I have also out increasing total authorized funding cers, improving practices, developing learned through this process that the under the Justice For All Act and that evidence tracking systems, and taking most effective systems of indigent de- many of these changes will help States, other key steps to make sure that this fense are not always the most expen- communities, and the Federal Govern- ment save money in the long term. crucial evidence gets to the labs to be sive. In some cases, making the nec- Today, we rededicate ourselves to tested. essary changes may also save States The bill will also help us get to the building a criminal justice system in money. bottom of this problem by calling for which the innocent remain free, the This legislation will also help ensure the development of a standardized defi- guilty are punished, and all sides have that the innocent are not punished nition of ‘‘backlog,’’ covering both the the tools, resources, and knowledge while the guilty remain free by law enforcement and lab stages, and by they need to advance the cause of jus- strengthening the Kirk Bloodsworth implementing public reporting require- tice. Americans need and deserve a Post Conviction DNA Testing Grant ments to help us to identify where the criminal justice system which keeps us Program, one of the key programs cre- backlogs are. It also takes steps to en- safe, ensures fairness and accuracy, ated in the Innocence Protection Act. sure that labs test DNA samples in the and fulfills the promise of our constitu- Kirk Bloodsworth was a young man best order so that those samples which tion. This bill will take important just out of the Marines when he was ar- can help secure justice for rape victims steps to bring us closer to that goal. I are tested most quickly. It will also rested, convicted, and sentenced to hope there will be strong bipartisan put into place new accountability re- death for a heinous crime that he did support for these efforts moving for- quirements to make sure that Debbie not commit. He was the first person in ward. Smith Act money is being spent effec- the United States to be exonerated Mr. President, I ask unanimous con- tively and appropriately. from a death row crime through the sent that the text of the bill be printed The bill makes important changes to use of DNA evidence. in the RECORD. existing law to ensure that no rape vic- This program provides grants to There being no objection, the text of tims are ever required to pay for test- States for testing in cases like Kirk’s the bill was ordered to be printed in ing of their rape kits, and that these where someone has been convicted, but the RECORD, as follows: costs are covered with no strings at- where significant DNA evidence was S. 3842 not tested. The last administration re- tached. Senator FRANKEN has been a Be it enacted by the Senate and House of Rep- strong advocate of this important pro- sisted implementing the program for resentatives of the United States of America in vision, and I thank him for his help. several years, but we worked hard to Congress assembled, We have also taken important new see the program put into place. Now, SECTION 1. SHORT TITLE. steps to ensure that defendants in seri- money has gone out to a number of This Act may be cited as the ‘‘Justice for ous cases receive adequate representa- States, and the Committee has heard All Reauthorization Act of 2010’’. tion and, where appropriate, testing of strong testimony that the program is SEC. 2. CRIME VICTIMS’ RIGHTS. making an impact. The legislation we Section 3771 of title 18, United States Code, relevant DNA samples. As a former is amended— prosecutor, I have great faith in the introduce today expands the very mod- (1) in subsection (a), by adding at the end men and women in law enforcement, est authorization of funds to this im- the following: and I know that in the vast majority of portant program and clarifies the con- ‘‘(9) The right to be informed of the rights cases, our criminal justice system does ditions set for this program so that under this section and the services described work fairly and effectively. I also participating States are required to in section 503(c) of the Victims’ Rights and know, however, that the system only preserve key evidence, which is crucial, Restitution Act of 1990 (42 U.S.C. 10607(c)) works as it should when each side is but are required to do so in a way that and provided contact information for the Of- is attainable and will allow more fice of the Victims’ Rights Ombudsman of well represented by competent and the Department of Justice.’’; well-trained counsel, and when all rel- States to participate. (2) in subsection (d)(3), in the fifth sen- evant evidence is retained and tested. The bill also asks states to produce tence, by inserting ‘‘, unless the litigants, Sadly, we learn regularly of defendants comprehensive plans for their criminal with the approval of the court, have stipu- released after new evidence exonerates justice systems, which will help to en- lated to a different time period for consider- them. We must do better. It is an out- sure that criminal justice systems op- ation’’ before the period; and rage when an innocent person is pun- erate effectively as a whole and that (3) in subsection (e)— ished, and it is doubly an outrage that, all parts of the system work together (A) by striking ‘‘this chapter, the term’’ in those cases, the guilty person re- and receive the resources they need. and inserting the following: ‘‘this chapter: The bill reauthorizes and improves key ‘‘(1) COURT OF APPEALS.—The term ‘court of mains on the streets, able to commit appeals’ means— more crimes, which makes all of us less grant programs in a variety of areas ‘‘(A) for a violation of the United States safe. throughout the criminal justice sys- Code, the United States court of appeals for This legislation takes important new tem. Importantly, it increases author- the judicial district in which a defendant is steps to ensure that all criminal de- ized funding for the Paul Coverdell Fo- being prosecuted; and

VerDate Mar 15 2010 22:04 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00057 Fmt 4637 Sfmt 0634 E:\RECORD10\RECFILES\S27SE0.REC S27SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7512 CONGRESSIONAL RECORD — SENATE September 27, 2010 ‘‘(B) for a violation of the District of Co- ‘‘(i) which evidence is to be collected by ‘‘(ii) ensure that emergency response pro- lumbia Code, the District of Columbia Court law enforcement personnel and forwarded for viders, law enforcement personnel, prosecu- of Appeals. testing; tors, and crime laboratory personnel within ‘‘(2) CRIME VICTIM.— ‘‘(ii) the preferred order in which evidence the jurisdiction of the State or unit of local ‘‘(A) IN GENERAL.—The term’’; from the same case is to be tested; and government receive training on the content (B) by striking ‘‘In the case’’ and inserting ‘‘(iii) the preferred order in which evidence and appropriate use of the protocols and the following: from different cases is to be tested; practices; and ‘‘(B) MINORS AND CERTAIN OTHER VICTIMS.— ‘‘(B) the establishment of a reasonable pe- ‘‘(B) may include the development and im- In the case’’; and riod of time in which evidence is to be for- plementation within the State or unit of (C) by adding at the end the following: warded by emergency response providers, law local government of an evidence tracking ‘‘(3) DISTRICT COURT; COURT.—The terms enforcement personnel, and prosecutors to a system to ensure effective communication ‘district court’ and ‘court’ include the Supe- laboratory for testing; among emergency response providers, law rior Court of the District of Columbia.’’. ‘‘(C) the establishment of reasonable peri- enforcement personnel, prosecutors, defense SEC. 3. AUTHORIZATION OF APPROPRIATIONS ods of time in which each stage of analytical counsel, courts, crime laboratory personnel, FOR GRANTS FOR CRIME VICTIMS. laboratory testing is to be completed ; and and crime victims regarding the status of (a) CRIME VICTIMS LEGAL ASSISTANCE ‘‘(D) systems to encourage communication crime scene evidence subject to DNA anal- GRANTS.—Section 103(b) of the Justice for within a State or unit of local government ysis. All Act of 2004 (Public Law 108–405; 118 Stat. among emergency response providers, law ‘‘(4) REPORTING AND PUBLICATION OF DNA 2264) is amended— enforcement personnel, prosecutors, courts, BACKLOGS.— (1) in paragraph (1), by striking ‘‘$2,000,000’’ defense counsel, crime laboratory personnel, ‘‘(A) IN GENERAL.—A plan described in and all that follows through ‘‘2009’’ and in- and crime victims regarding the status of paragraph (2)(A) shall require a State or unit serting ‘‘$5,000,000 for each of fiscal years crime scene evidence to be tested. of local government to submit to the Attor- 2011, 2012, 2013, 2014, and 2015’’; ‘‘(2) TECHNICAL ASSISTANCE AND TRAINING.— ney General an annual report reflecting the (2) in paragraph (2), by striking ‘‘$2,000,000’’ The Director shall make available technical current backlog for DNA case work within and all that follows through ‘‘2009,’’ and in- assistance and training to support States the jurisdiction in which the funds are used, serting ‘‘$5,000,000 for each of fiscal years and units of local government in adopting which shall include— 2011, 2012, 2013, 2014, and 2015’’; and implementing the protocols and prac- ‘‘(i) a specific breakdown of the number of (3) in paragraph (3), by striking ‘‘$300,000’’ tices developed under paragraph (1) on and sexual assault cases that are in a backlog for and all that follows through ‘‘2009,’’ and in- after the date on which the protocols and DNA case work and the percentage of the practices are published. serting ‘‘$500,000 for each of fiscal years 2011, amounts received under the grant allocated ‘‘(3) DEFINITION OF BACKLOG FOR DNA CASE 2012, 2013, 2014, and 2015’’; to reducing the backlog of DNA case work in WORK.—The Director shall develop and pub- (4) in paragraph (4), by striking ‘‘$7,000,000’’ sexual assault cases; lish a definition of the term ‘backlog for and all that follows through ‘‘2009,’’ and in- ‘‘(ii) for each case that is in a backlog for DNA case work’ for purposes of this sec- serting ‘‘$11,000,000 for each of fiscal years DNA case work, the identity of each agency, tion— 2011, 2012, 2013, 2014, and 2015’’; and office, or contractor of the State or unit of ‘‘(A) taking into consideration the dif- (5) in paragraph (5), by striking ‘‘$5,000,000’’ local government in which work necessary to ferent stages at which a backlog may de- and all that follows through ‘‘2009,’’ and in- complete the DNA analysis is pending; and velop, including the investigation and pros- serting ‘‘$7,000,000 for each of fiscal years ‘‘(iii) any other information the Attorney ecution of a crime by law enforcement per- General determines appropriate. 2011, 2012, 2013, 2014, and 2015’’. sonnel, prosecutors, and others, and the lab- RIME VICTIMS NOTIFICATION GRANTS.— ‘‘(B) COMPILATION.—The Attorney General (b) C oratory analysis of crime scene samples; and shall annually compile and publish the re- Section 1404E(c) of the Victims of Crime Act ‘‘(B) which may include different criteria ports submitted under subparagraph (A) on of 1984 (42 U.S.C. 10603e(c)) is amended by or thresholds for the different stages. the website of the Department of Justice. striking ‘‘this section—’’ and all that follows ‘‘(c) AUTHORIZATION OF GRANTS FOR THE and inserting ‘‘this section $5,000,000 for each COLLECTION AND PROCESSING OF DNA EVI- ‘‘(d) AUTHORIZATION OF GRANTS FOR DNA of the fiscal years 2011, 2012, 2013, 2014 and DENCE BY LAW ENFORCEMENT.— TESTING AND ANALYSIS BY LABORATORIES.— 2015.’’. ‘‘(1) PURPOSE.—The Attorney General may ‘‘(1) PURPOSE.—The Attorney General may SEC. 4. DEBBIE SMITH DNA BACKLOG GRANT make grants to States or units of local gov- make grants to States or units of local gov- PROGRAM. ernment which may be used to— ernment to— (a) IN GENERAL.—Section 2 of the DNA ‘‘(A) ensure that the collection and proc- ‘‘(A) carry out, for inclusion in the Com- Analysis Backlog Elimination Act of 2000 (42 essing of DNA evidence from crimes, includ- bined DNA Index System, DNA analyses of U.S.C. 14135) is amended to read as follows: ing sexual assault and other serious violent samples collected under applicable legal au- ‘‘SEC. 2. THE DEBBIE SMITH DNA BACKLOG crimes, is carried out in an appropriate and thority; GRANT PROGRAM. timely manner; ‘‘(B) carry out, for inclusion in the Com- ‘‘(a) DEFINITIONS.—In this section— ‘‘(B) eliminate existing backlogs for DNA bined DNA Index System, DNA analyses of ‘‘(1) the term ‘backlog for DNA case work’ case work, including backlogs from sexual samples from crime scenes, including sam- has the meaning given that term by the Di- assault cases; and ples from rape kits, samples from other sex- rector, in accordance with subsection (b)(3); ‘‘(C) ensure effective communication ual assault evidence, and samples taken in ‘‘(2) the term ‘Combined DNA Index Sys- among emergency response providers, law cases without an identified suspect; tem’ means the Combined DNA Index Sys- enforcement personnel, prosecutors, courts, ‘‘(C) increase the capacity of laboratories tem of the Federal Bureau of Investigation; defense counsel, crime laboratory personnel, owned by the State or unit of local govern- ‘‘(3) the term ‘Director’ means the Director and crime victims regarding the status of ment to carry out DNA analyses of samples of the National Institute of Justice; crime scene evidence to be tested. specified in subparagraph (A) or (B); ‘‘(4) the term ‘emergency response pro- ‘‘(2) APPLICATION.—A State or unit of local ‘‘(D) collect DNA samples specified in sub- vider’ has the meaning given that term in government desiring a grant under this sub- paragraph (A); and section 2 of the Homeland Security Act of section shall submit to the Attorney General ‘‘(E) ensure that DNA testing and analysis 2002 (6 U.S.C. 101); and an application in such form and containing of samples from crimes, including sexual as- ‘‘(5) the term ‘State’ means a State of the such information as the Attorney General sault and other serious violent crimes, are United States, the District of Columbia, the may require, which shall include— carried out in a timely manner. Commonwealth of Puerto Rico, the United ‘‘(A) providing assurances that the State ‘‘(2) APPLICATION.—A State or unit of local States Virgin Islands, American Samoa, or unit of local government has imple- government desiring a grant under this sub- Guam, and the Northern Mariana Islands. mented, or will implement not later than 120 section shall submit to the Attorney General ‘‘(b) ESTABLISHMENT OF PROTOCOLS, TECH- days after the date of the application, a com- an application in such form and containing NICAL ASSISTANCE, AND DEFINITIONS OF EVI- prehensive plan for the expeditious collec- such information as the Attorney General DENCE BACKLOG FOR DNA CASE WORK.— tion and processing of DNA evidence in ac- may require, which shall include— ‘‘(1) PROTOCOLS AND PRACTICES.—Not later cordance with this section; and ‘‘(A) providing assurances that the State than 18 months after the date of enactment ‘‘(B) specifying the percentage of the or unit of local government has imple- of the Justice for All Reauthorization Act of amounts received under the grant that the mented, or will implement not later than 120 2010, the Director shall develop and publish a State or unit of local government shall use days after the date of the application, a com- description of protocols and practices the Di- for the purpose specified in each of subpara- prehensive plan for the expeditious DNA rector considers appropriate for the accu- graphs (A), (B), and (C) of paragraph (1). analysis of samples in accordance with this rate, timely, and effective collection and ‘‘(3) COLLECTION AND PROCESSING OF SAM- section; processing of DNA evidence, including proto- PLES.—A plan described in paragraph (2)(A)— ‘‘(B) certifying that each DNA analysis cols and practices specific to sexual assault ‘‘(A) shall require a State or unit of local carried out under the plan shall be main- cases, which shall address appropriate steps government to— tained in accordance with the privacy re- in the investigation of cases that might in- ‘‘(i) adopt the appropriate protocols and quirements described in section 210304(b)(3) volve DNA evidence, including— practices developed under subsection (b)(1); of the Violent Crime Control and Law En- ‘‘(A) how to determine— and forcement Act of 1994 (42 U.S.C. 14132(b)(3));

VerDate Mar 15 2010 22:04 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00058 Fmt 4637 Sfmt 0634 E:\RECORD10\RECFILES\S27SE0.REC S27SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 27, 2010 CONGRESSIONAL RECORD — SENATE S7513 ‘‘(C) specifying the percentage of the ‘‘(ii) for each case that is in a backlog for ‘‘(2) such other information as the Attor- amounts received under the grant that the DNA case work, the identity of each agency, ney General may require. State or unit of local government shall use office, or contractor of the State or unit of ‘‘(h) REPORTS TO CONGRESS.—Not later to carry out DNA analyses of samples de- local government in which work necessary to than 90 days after the end of each fiscal year scribed in paragraph (1)(A) and the percent- complete the DNA analysis is pending; and for which grants are made under this sec- age of the amounts the State or unit of local ‘‘(iii) any other information the Attorney tion, the Attorney General shall submit to government shall use to carry out DNA anal- General determines appropriate. Congress a report that includes— yses of samples described in paragraph (1)(B); ‘‘(B) COMPILATION.—The Attorney General ‘‘(1) the aggregate amount of grants made ‘‘(D) specifying the percentage of the shall annually compile and publish the re- under this section to each State or unit of amounts received under the grant that the ports submitted under subparagraph (A) on local government for the fiscal year; State or unit of local government shall use the website of the Department of Justice. ‘‘(2) a summary of the information pro- for a purpose described in paragraph (1)(C); ‘‘(e) FORMULA FOR DISTRIBUTION OF vided by States or units of local government ‘‘(E) if submitted by a unit of local govern- GRANTS.— receiving grants under this section; and ment, certifying that the unit of local gov- ‘‘(1) IN GENERAL.—Subject to paragraphs (2) ‘‘(3) a description of the priorities and plan ernment has taken, or is taking, all nec- and (3), the Attorney General shall dis- for awarding grants among eligible States essary steps to ensure that the unit of local tribute grant amounts, and establish appro- and units of local government, and how the government is eligible to include in the Com- priate grant conditions under this section, in plan will ensure the effective use of DNA bined DNA Index System, directly or conformity with a formula or formulas that technology to solve crimes and protect pub- through a State law enforcement agency, all are designed to effectuate a distribution of lic safety. analyses of samples for which the unit of funds among States and units of local gov- ‘‘(i) EXPENDITURE RECORDS.— local government has requested funding; and ernment applying for grants under this sec- ‘‘(1) IN GENERAL.—Each State or unit of ‘‘(F) specifying the percentage of the tion that— local government that receives a grant under amounts received under the grant that the ‘‘(A) maximizes the effective use of DNA this section shall keep such records as the State or unit of local government shall use technology to solve crimes and protect pub- Attorney General may require to facilitate for the purpose described in paragraph (1)(D). lic safety; and an effective audit of the receipt and use of ‘‘(3) ANALYSIS OF SAMPLES.— ‘‘(B) allocates grants among States and grant funds received under this section. ‘‘(A) IN GENERAL.—A plan described in units of local government fairly and effi- ‘‘(2) ACCESS.—Each State or unit of local paragraph (2)(A) shall require that, except as ciently, across rural and urban jurisdictions, government that receives a grant under this provided in subparagraph (C), each DNA to address States and units of local govern- section shall make available, for the purpose analysis be carried out in a laboratory that— ment in which significant backlogs for DNA of audit and examination, any records relat- ‘‘(i) satisfies quality assurance standards; case work exist, by considering— ing to the receipt or use of the grant. and ‘‘(j) USE OF FUNDS FOR ACCREDITATION AND ‘‘(i) the number of offender and casework ‘‘(ii) is— AUDITS.—The Attorney General may dis- samples awaiting DNA analysis in a State or ‘‘(I) operated by the State or a unit of local tribute not more than 1 percent of the unit of local government; government; or amounts made available for grants under ‘‘(ii) the population in the State or unit of ‘‘(II) operated by a private entity pursuant this section for a fiscal year— local government; to a contract with the State or a unit of ‘‘(1) to States or units of local government ‘‘(iii) the number of part 1 violent crimes local government. to defray the costs incurred by laboratories in the State or unit of local government; and ‘‘(B) QUALITY ASSURANCE STANDARDS.— operated by each such State or unit of local ‘‘(iv) the availability of resources to train ‘‘(i) IN GENERAL.—The Director of the Fed- government in preparing for accreditation or eral Bureau of Investigation shall maintain emergency response providers, law enforce- reaccreditation; and make available to States and units of ment personnel, prosecutors, and crime lab- ‘‘(2) in the form of additional grants to local government a description of quality as- oratory personnel on the effectiveness of ap- States, units of local government, or non- surance protocols and practices that the Di- propriate and timely DNA collection, proc- profit professional organizations of persons rector of the Federal Bureau of Investigation essing, and analysis. actively involved in forensic science and na- considers adequate to assure the quality of a ‘‘(2) MINIMUM AMOUNT.—The Attorney Gen- tionally recognized within the forensic forensic laboratory. eral shall allocate to each State not less science community to— ‘‘(ii) EXISTING STANDARDS.—For purposes of than 0.50 percent of the total amount appro- ‘‘(A) defray the costs of external audits of this paragraph, a laboratory satisfies quality priated in a fiscal year for grants under this laboratories operated by the State or unit of assurance standards if the laboratory satis- section, except that the United States Virgin local government, which participates in the fies the quality control requirements de- Islands, American Samoa, Guam, and the National DNA Index System, to determine scribed in paragraphs (1) and (2) of section Northern Mariana Islands shall each be allo- whether the laboratory is in compliance with 210304(b) of the Violent Crime Control and cated 0.125 percent of the total amount ap- quality assurance standards; Law Enforcement Act of 1994 (42 U.S.C. propriated in a fiscal year for grants under ‘‘(B) assess compliance with any plans sub- 14132(b)). this section. mitted to the Director that detail the use of ‘‘(4) USE OF VOUCHERS OR CONTRACTS FOR ‘‘(3) LIMITATION.—In distributing grant funds received by States or units of local CERTAIN PURPOSES.— amounts under paragraph (1), the Attorney government under this section; and ‘‘(A) IN GENERAL.—A grant for a purpose General shall ensure that for each of fiscal ‘‘(C) support capacity building efforts; and specified in subparagraph (A), (B), (E), or (F) years 2011 through 2015, not less than 40 per- ‘‘(3) in the form of additional grants to of paragraph (1) may be made in the form of cent of the grant amounts are awarded for nonprofit professional associations actively a voucher or contract for laboratory serv- purposes described in subsection (d)(1)(B). involved in forensic science and nationally ices, even if the laboratory makes a reason- ‘‘(f) RESTRICTIONS ON USE OF FUND.— recognized within the forensic science com- able profit for the services. ‘‘(1) NONSUPPLANTING.—Funds made avail- munity to defray the costs of training per- ‘‘(B) REDEMPTION.—A voucher or contract able under this section shall not be used to sons who conduct external audits of labora- under subparagraph (A) may be redeemed at supplant funds of a State or unit of local tories operated by States and units of local a laboratory operated on a nonprofit or for- government, and shall be used to increase government and which participate in the Na- profit basis, by a private entity that satisfies the amount of funds that would, in the ab- tional DNA Index System. quality assurance standards and has been ap- sence of Federal funds, be made available ‘‘(k) USE OF FUNDS FOR OTHER FORENSIC proved by the Attorney General. from the State or unit of local government SCIENCES.—The Attorney General may make ‘‘(C) PAYMENTS.—The Attorney General for the purposes described in this Act. a grant under this section to a State or unit may use amounts appropriated to carry out ‘‘(2) ADMINISTRATIVE COSTS.—A State or of local government to alleviate a backlog of this section to make payments to a labora- unit of local government may not use more cases with respect to a forensic science other tory described under subparagraph (B). than 3 percent of the amounts made avail- than DNA analysis if the State or unit of ‘‘(5) REPORTING AND PUBLICATION OF DNA able under a grant under this section for ad- local government— BACKLOGS.— ministrative expenses relating to the grant. ‘‘(1) certifies to the Attorney General that ‘‘(A) IN GENERAL.—A plan described in ‘‘(g) REPORTS TO THE ATTORNEY GENERAL.— in such State or unit— paragraph (2)(A) shall require the State or Each State or unit of local government that ‘‘(A) all of the purposes set forth in sub- unit of local government to submit to the receives a grant under this section shall sub- sections (c) and (d) have been met; Attorney General an annual report reflecting mit to the Attorney General, for each year ‘‘(B) there is not a backlog for DNA case the backlog for DNA case work within the in which funds from a grant received under work, as defined by the Director in accord- jurisdiction in which the funds will be used, this section are expended, a report at such ance with subsection (b)(3); and which shall include— time and in such manner as the Attorney ‘‘(C) there is no need for significant labora- ‘‘(i) a specific breakdown of the number of General may reasonably require, that con- tory equipment, supplies, or additional per- sexual assault cases that are in a backlog for tains— sonnel for timely processing of DNA case DNA case work and the percentage of the ‘‘(1) a summary of the activities carried work or offender samples; and amounts received under the grant allocated out under the grant and an assessment of ‘‘(2) demonstrates to the Attorney General to reducing the backlog of DNA case work in whether such activities are meeting the that the State or unit of local government sexual assault cases; needs identified in the application; and requires assistance in alleviating a backlog

VerDate Mar 15 2010 22:04 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00059 Fmt 4637 Sfmt 0634 E:\RECORD10\RECFILES\S27SE0.REC S27SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7514 CONGRESSIONAL RECORD — SENATE September 27, 2010 of cases involving a forensic science other (B) the Attorney General may not make a through ‘‘knowingly fail to request’’ and in- than DNA analysis. grant under section 2 of the DNA Analysis serting ‘‘and the applicant did not knowingly ‘‘(l) EXTERNAL AUDITS AND REMEDIAL EF- Backlog Elimination Act of 2000, as amended fail to request’’; and FORTS.—If a laboratory operated by a State by subsection (a), until the transition date. (2) in subsection (g)(2)(B), by striking or unit of local government which has re- SEC. 5. RAPE EXAM PAYMENTS. ‘‘death’’. ceived funds under this section has under- Section 2010 of the Omnibus Crime Control (b) PRESERVATION OF BIOLOGICAL EVI- gone an external audit conducted to deter- and Safe Streets Act of 1968 (42 U.S.C. 3796gg– DENCE.—Section 3600A(c) of title 18, United mine whether the laboratory is in compli- 4) is amended— States Code, is amended— ance with standards established by the Di- (1) in subsection (a)(1)— (1) by striking paragraph (2); and rector of the Federal Bureau of Investiga- (A) by striking ‘‘entity incurs the full’’ and (2) by redesignating paragraphs (3), (4), and tion, and, as a result of the audit, identifies inserting the following: ‘‘entity— (5) as paragraphs (2), (3), and (4), respec- measures to remedy deficiencies with respect ‘‘(A) incurs the full’’; tively. to the compliance by the laboratory with the (B) by striking the period at the end and SEC. 10. INCENTIVE GRANTS TO STATES TO EN- standards, the State or unit of local govern- inserting ‘‘; and’’; and SURE CONSIDERATION OF CLAIMS ment shall implement any such remediation (C) by adding at the end the following: OF ACTUAL INNOCENCE. (a) IN GENERAL.—Section 413 of the Justice as soon as practicable. ‘‘(B) coordinates with regional health care ‘‘(m) PENALTY FOR NONCOMPLIANCE.— for All Act of 2004 (42 U.S.C. 14136 note) is providers to notify victims of sexual assault ‘‘(1) IN GENERAL.—The Attorney General amended— of the availability of rape exams at no cost shall annually compile a list of the States (1) in the matter preceding paragraph (1), to the victims.’’; and units of local government receiving a by striking ‘‘fiscal years 2005 through 2009’’ grant under this section that have failed to (2) in subsection (b)— and inserting ‘‘fiscal years 2011 through provide the information required under sub- (A) in paragraph (1), by adding ‘‘or’’ at the 2015’’; and section (c)(4)(A), (d)(5)(A), or (g). The Attor- end; (2) by striking paragraph (2) and inserting ney General shall publish each list complied (B) in paragraph (2), by striking ‘‘; or’’ and the following: under this paragraph on the website of the inserting a period; and ‘‘(2) provide a certification by the chief Department of Justice. (C) by striking paragraph (3); and legal officer of the State in which the eligi- ‘‘(2) REDUCTION IN GRANT FUNDS.—For any (3) in subsection (d), by striking ‘‘(d) RULE ble entity operates or the chief legal officer State or local government that the Attorney OF CONSTRUCTION.—’’ and all that follows of the jurisdiction in which the funds will be General determines has failed to provide the through the end of paragraph (1) and insert- used for the purposes of the grants, that the information required under subsection ing the following: State or jurisdiction— (c)(4)(A), (d)(5)(A), or (g), the Attorney Gen- ‘‘(d) NONCOOPERATION.— ‘‘(A) provides DNA testing of specified evi- eral may not award a grant under this sec- ‘‘(1) IN GENERAL.—To be in compliance with dence under a State statute to persons con- tion for the fiscal year after the fiscal year this section, a State, Indian tribal govern- victed after trial and under a sentence of im- to which the determination relates in an ment, or unit of local government shall com- prisonment or death for a State felony of- amount that is more than 50 percent of the ply with subsection (b) without regard to fense, in a manner that ensures a reasonable amount the State or local government would whether the victim participates in the crimi- process for resolving claims of actual inno- have otherwise received. nal justice system or cooperates with law en- cence consistent with section 3600(a) of title ‘‘(n) AUTHORIZATION OF APPROPRIATIONS.— forcement.’’. 18, United States Code (which may include There are authorized to be appropriated to SEC. 6. ADDITIONAL REAUTHORIZATIONS. making post-conviction DNA testing avail- the Attorney General for grants under sub- (a) DNA RESEARCH AND DEVELOPMENT.— able in cases in which the testing would not sections (c) and (d) $151,000,000 for each of fis- Section 305(c) of the Justice for All Act of be required under that section) and, if the re- cal years 2011 through 2015.’’. 2004 (42 U.S.C. 14136b(c)) is amended by strik- sults of the testing exclude the applicant as (b) REPORT.— ing ‘‘fiscal years 2005 through 2009’’ and in- the perpetrator of the offense, permits the (1) IN GENERAL.—Not later than 90 days serting ‘‘fiscal years 2011 through 2015’’. applicant to apply for post-conviction relief, after the date of enactment of this Act, the (b) FBI DNA PROGRAMS.—Section 307(a) of notwithstanding any provision of law that Director of the Federal Bureau of Investiga- the Justice for All Act of 2004 (Public Law would otherwise bar the application as un- tion shall evaluate the policies, standards, 108–405; 118 Stat. 2275)) is amended by strik- timely; and and protocols relating to the use of private ing ‘‘fiscal years 2005 through 2009’’ and in- ‘‘(B) preserves biological evidence under a serting ‘‘fiscal years 2011 through 2015’’. laboratories in the analysis of DNA evidence, State statute or a State or local rule, regula- (c) DNA IDENTIFICATION OF MISSING PER- including the mandatory technical review of tion, or practice in a manner intended to en- all outsourced DNA evidence by public lab- SONS.—Section 308(c) of the Justice for All Act of 2004 (42 U.S.C. 14136d(c)) is amended by sure that reasonable measures are taken by oratories prior to uploading DNA profiles the State or jurisdiction to preserve biologi- into the Combined DNA Index System of the striking ‘‘fiscal years 2005 through 2009’’ and inserting ‘‘fiscal years 2011 through 2015’’. cal evidence secured in relation to the inves- Federal Bureau of Investigation. The evalua- tigation or prosecution of a State felony of- SEC. 7. PAUL COVERDELL FORENSIC SCIENCES tion shall take into consideration the need fense (including, at a minimum murder, non- to reduce DNA evidence backlogs while guar- IMPROVEMENT GRANTS. Section 1001(a)(24) of title I of the Omnibus negligent manslaughter and sexual offenses) anteeing the integrity of the Combined DNA in a manner consistent with section 3600A of Index System. Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)(24)) is amended— title 18, United States (which may require (2) REPORT TO CONGRESS.—Not later than 30 preservation of biological evidence for longer days after the date on which the Director of (1) in subparagraph (H), by striking ‘‘and’’ at the end; than the period of time that the evidence the Federal Bureau of Investigation com- would be required to be preserved under that pletes the evaluation under paragraph (1), (2) in subparagraph (I), by striking the pe- riod at the end and inserting ‘‘; and’’; and section).’’. the Director shall submit to Congress a re- (b) AUTHORIZATION OF APPROPRIATIONS.— (3) by adding at the end the following: port of the findings of the evaluation and Section 412(b) of the Justice for All Act of ‘‘(K) $35,000,000 for each of fiscal years 2011 any proposed policy changes. 2004 (42 U.S.C. 14136e(b)) is amended— (c) TRANSITION PROVISION.— through 2015.’’. (1) by striking ‘‘fiscal years 2005 through (1) DEFINITION.—In this subsection, the SEC. 8. IMPROVING THE QUALITY OF REPRESEN- 2009’’ and inserting ‘‘fiscal years 2011 through term ‘‘transition date’’ means the day after TATION IN STATE CAPITAL CASES. 2015’’; and Section 426 of the Justice for All Act of the latter of— (2) by striking ‘‘$5,000,000’’ and inserting 2004 (42 U.S.C. 14163e) is amended— (A) the date on which the Director of the ‘‘$10,000,000’’. National Institute of Justice publishes a def- (1) in subsection (a), by striking ‘‘$75,000,000 for each of fiscal years 2005 SEC. 11. ESTABLISHMENT OF NATIONAL STAND- inition of the term ‘‘backlog for DNA case ARDS PROMULGATED BY NIJ. through 2009’’ and inserting ‘‘$50,000,000 for work’’ in accordance with section 2(b)(3) of (a) IN GENERAL.—Subtitle A of title IV of the DNA Analysis Backlog Elimination Act each of fiscal years 2011 through 2015’’; and the Justice for All Act of 2004 (Public Law of 2000, as amended by subsection (a); and (2) in subsection (b), by inserting before 108–405; 118 Stat. 2278) is amended by adding (B) the date on which the Director of the the period at the end the following: ‘‘, or at the end the following: National Institute of Justice publishes a de- upon a showing of good cause, and at the dis- ‘‘SEC. 414. ESTABLISHMENT OF NATIONAL STAND- scription of protocols and practices in ac- cretion of the Attorney General, the State ARDS PROMULGATED BY NIJ. cordance with section 2(b)(1) of the DNA may determine a fair allocation of funds ‘‘(a) IN GENERAL.—The Director of the Na- Analysis Backlog Elimination Act of 2000, as across the uses described in sections 421 and tional Institute of Justice shall— amended by subsection (a). 422.’’. ‘‘(1) establish best practices for evidence (2) GRANT AUTHORITY.—Notwithstanding SEC. 9. POST-CONVICTION DNA TESTING. retention; and the amendments made by subsection (a)— (a) IN GENERAL.—Section 3600 of title 18, ‘‘(2) assist State, local, and tribal govern- (A) the Attorney General may make grants United States Code, is amended— ments in adopting and implementing the under section 2 of the DNA Analysis Backlog (1) in subsection (a)— best practices established under paragraph Elimination Act of 2000 (42 U.S.C. 14135), as (A) in paragraph (1)(B)(i), by striking (1). in effect on the day before the date of enact- ‘‘death’’; and ‘‘(b) DEADLINE.—Not later than 1 year after ment of this Act, until the transition date; (B) in paragraph (3)(A), by striking ‘‘and the date of enactment of this section, the Di- and the applicant did not—’’ and all that follows rector of the National Institute of Justice

VerDate Mar 15 2010 22:04 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00060 Fmt 4637 Sfmt 0634 E:\RECORD10\RECFILES\S27SE0.REC S27SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 27, 2010 CONGRESSIONAL RECORD — SENATE S7515 shall publish the best practices established $5,000,000 for each of fiscal years 2011 through more than 29,000 foster youth age out every under subsection (a)(1).’’. 2015 to carry out this subsection.’’. year; (b) TECHNICAL AND CONFORMING AMEND- (c) PROTECTION OF CONSTITUTIONAL Whereas everyday, loving and nurturing MENT.—The table of contents in section 1(b) RIGHTS.— families are strengthened and expanded when of the Justice for All Act of 2004 (Public Law (1) UNLAWFUL CONDUCT.—It shall be unlaw- committed and dedicated individuals make 108–405; 118 Stat. 2260) is amended by insert- ful for any governmental authority, or any an important difference in the life of a child ing after the item relating to section 413 the agent thereof, or any person acting on behalf through adoption; following: of a governmental authority, to engage in a Whereas a 2007 survey conducted by the ‘‘Sec. 414. Establishment of national stand- pattern or practice of conduct by officials or Dave Thomas Foundation for Adoption dem- ards promulgated by NIJ.’’. employees of any governmental agency with onstrated that though ‘‘Americans over- SEC. 12. EFFECTIVE ADMINISTRATION OF CRIMI- responsibility for the administration of jus- whelmingly support the concept of adoption, NAL JUSTICE. tice, including the administration of pro- and in particular foster care adoption . . . (a) SHORT TITLE.—This section may be grams or services that provide appointed foster care adoptions have not increased sig- cited as the ‘‘Effective Administration of counsel to indigent defendants, that deprives nificantly over the past five years’’; Criminal Justice Act of 2010’’. persons of their rights to assistance of coun- Whereas, while 4 in 10 Americans have con- (b) STRATEGIC PLANNING.—Section 502 of sel as protected under the Sixth Amendment sidered adoption, a majority of Americans title I of the Omnibus Crime Control and and Fourteenth Amendment to the Constitu- have misperceptions about the process of Safe Streets Act of 1968 (42 U.S.C. 3752) is tion of the United States. adopting children from foster care and the amended— (2) CIVIL ACTION BY ATTORNEY GENERAL.— children who are eligible for adoption; (1) by inserting ‘‘(a) IN GENERAL.—’’ before Whenever the Attorney General has reason- Whereas 71 percent of those who have con- ‘‘To request a grant’’; and able cause to believe that a violation of para- sidered adoption consider adopting children (2) by adding at the end the following: graph (1) has occurred, the Attorney Gen- from foster care above other forms of adop- ‘‘(6) A comprehensive State-wide plan de- eral, for or in the name of the United States, tion; tailing how grants received under this sec- may, in a civil action, obtain appropriate eq- Whereas 45 percent of Americans believe tion will be used to improve the administra- uitable and declaratory relief to eliminate that children enter the foster care system tion of the criminal justice system, which the pattern or practice. because of juvenile delinquency, when in re- shall— (3) EFFECTIVE DATE.—This subsection shall ality the vast majority of children who have ‘‘(A) be designed in consultation with local take effect 2 years after the date of enact- entered the foster care system were victims governments, and all segments of the crimi- ment. of neglect, abandonment, or abuse; nal justice system, including judges, pros- Whereas 46 percent of Americans believe f ecutors, law enforcement personnel, correc- that foster care adoption is expensive, when tions personnel, and providers of indigent de- SUBMITTED RESOLUTIONS in reality there is no substantial cost for fense services, victim services, juvenile jus- adopting from foster care and financial sup- tice delinquency prevention programs, com- port is available to adoptive parents after munity corrections, and reentry services; SENATE RESOLUTION 647—EX- the adoption is finalized; ‘‘(B) include a description of how the State PRESSING THE SUPPORT FOR Whereas both National Adoption Day and will allocate funding within and among each National Adoption Month occur in Novem- of the uses described in subparagraphs (A) THE GOALS OF NATIONAL ADOP- ber; through (G) of section 501(a)(1); TION DAY AND NATIONAL ADOP- Whereas National Adoption Day is a collec- ‘‘(C) describe the process used by the State TION MONTH BY PROMOTING NA- tive national effort to find permanent, loving for gathering evidence-based data and devel- TIONAL AWARENESS OF ADOP- families for children in the foster care sys- oping and using evidence-based and evidence- TION AND THE CHILDREN tem; gathering approaches in support of funding AWAITING FAMILIES, CELE- Whereas, since the first National Adoption decisions; and BRATING CHILDREN AND FAMI- Day in 2000, more than 30,000 children have ‘‘(D) be updated every 5 years, with annual joined forever families during National progress reports that— LIES INVOLVED IN ADOPTION, Adoption Day; ‘‘(i) address changing circumstances in the AND ENCOURAGING AMERICANS Whereas, in 2009, adoptions were finalized State, if any; TO SECURE SAFETY, PERMA- for nearly 5,000 children through 400 National ‘‘(ii) describe how the State plans to adjust NENCY, AND WELL-BEING FOR Adoption Day events in all 50 States, the funding within and among each of the uses ALL CHILDREN District of Columbia, Puerto Rico, and described in subparagraphs (A) through (G) Ms. LANDRIEU (for herself, Mr. Guam; and of section 501(a)(1); Whereas the President traditionally issues ‘‘(iii) provide an ongoing assessment of INHOFE, Mrs. LINCOLN, Mr. GRASSLEY, an annual proclamation to declare November need; Mrs. MURRAY, Mr. DEMINT, Mr. KERRY, as National Adoption Month, and National ‘‘(iv) discuss the accomplishment of goals Ms. COLLINS, Mr. NELSON, of Nebraska, Adoption Day is on November 20, 2010: Now, identified in any plan previously prepared Mr. ENZI, Mr. CARDIN, Mr. VOINOVICH, therefore, be it under this paragraph; and Mr. FRANKEN, Mr. THUNE, Mr. CONRAD, Resolved, That the Senate— ‘‘(v) reflect how the plan influenced fund- Mr. COBURN, Mr. MERKLEY, Mr. (1) supports the goals and ideals of Na- ing decisions in the previous year. BROWNBACK, Mr. JOHNSON, Mr. BEN- tional Adoption Day and National Adoption ‘‘(b) TECHNICAL ASSISTANCE.— NETT, Mr. ROCKEFELLER, Mr. ALEX- Month; ‘‘(1) STRATEGIC PLANNING.—Not later than (2) recognizes that every child should have 90 days after the date of enactment of this ANDER, Mrs. HUTCHISON, Mr. LEMIEUX, a permanent and loving family; and subsection, the Attorney General shall begin Mrs. GILLIBRAND, Mr. LUGAR, Ms. (3) encourages the people of the United to provide technical assistance to States and KLOBUCHAR, Mr. LAUTENBERG, Mr. States to consider adoption during the local governments requesting support to de- WYDEN, Mr. INOUYE, and Mr. CORNYN) month of November and all throughout the velop and implement the strategic plan re- submitted the following resolution; year. quired under subsection (a)(6). which was referred to the Committee f ‘‘(2) PROTECTION OF CONSTITUTIONAL on Health, Education, Labor, and Pen- RIGHTS.—Not later than 90 days after the sions: SENATE RESOLUTION 648—DESIG- date of enactment of this subsection, the At- NATING THE WEEK BEGINNING torney General shall begin to provide tech- S. RES. 647 nical assistance to States and local govern- Whereas there are approximately 463,000 ON MONDAY, NOVEMBER 8, 2010, ments, including any agent thereof with re- children in the foster care system in the AS ‘‘NATIONAL VETERANS HIS- sponsibility for administration of justice, re- United States, approximately 123,000 of TORY PROJECT WEEK’’ questing support to meet the obligations es- whom are waiting for families to adopt Mr. CRAPO (for himself, Mrs. LIN- tablished by the Sixth Amendment to the them; COLN, Mrs. SHAHEEN, and Mr. DORGAN) Constitution of the United States, which Whereas 55 percent of the children in foster submitted the following resolution; shall include— care are age 10 or younger; which was referred to the Committee ‘‘(A) public dissemination of practices, Whereas the average length of time a child structures, or models for the administration spends in foster care is over 2 years; on the Judiciary: of justice consistent with the requirements Whereas, for many foster children, the S. RES. 648 of the Sixth Amendment; and wait for a loving family in which they are Whereas 2010 marks the 10th anniversary of ‘‘(B) assistance with adopting and imple- nurtured, comforted, and protected seems the establishment of the Veterans History menting a system for the administration of endless; Project by Congress in order to collect and justice consistent with the requirements of Whereas the number of youth who ‘‘age preserve the wartime stories of veterans of the Sixth Amendment. out’’ of foster care by reaching adulthood the Armed Forces of the United States; ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— without being placed in a permanent home Whereas Congress charged the American There is authorized to be appropriated has continued to increase since 1998, and Folklife Center at the Library of Congress to

VerDate Mar 15 2010 22:04 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00061 Fmt 4637 Sfmt 0634 E:\RECORD10\RECFILES\S27SE0.REC S27SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7516 CONGRESSIONAL RECORD — SENATE September 27, 2010 undertake the Veterans History Project and amount that will be needed to adequately Whereas approximately 200,000 children in to engage the public in the creation of a col- fund their retirement years; the United States under the age of 6 have lection of oral histories that would be a last- Whereas financial literacy is an important harmful levels of lead in their blood; ing tribute to individual veterans; factor in United States workers’ under- Whereas lead poisoning may cause serious, Whereas the Veterans History Project re- standing of the true need to save for retire- long-term harm to children, including re- lies on a corps of volunteer interviewers, ment; duced intelligence and attention span, be- partner organizations, and an array of civic Whereas saving for one’s retirement is a havioral problems, learning disabilities, and minded institutions nationwide who inter- key component to overall financial health impaired growth; view veterans according to the guidelines and security during retirement years, and Whereas children from low-income families outlined by the project; the importance of financial literacy in plan- are significantly more likely to be poisoned Whereas these oral histories have created ning one’s retirement must be advocated; by lead than are children from high-income an abundant resource for scholars to gather Whereas many workers may not be aware families; first-hand accounts of veterans’ experience of their options for saving for retirement or Whereas children may be poisoned by lead in World War I, World War II, the Korean may not have focused on the importance of, in water, soil, housing, or consumable prod- War, the Vietnam War, the Persian Gulf and need for, saving for their own retire- ucts; War, and the Afghanistan and Iraq conflicts; ment; Whereas children most often are poisoned Whereas there are 17,000,000 wartime vet- Whereas many employees have available to in their homes through exposure to lead par- erans in the United States whose stories can them, through their employers, access to de- ticles when lead-based paint deteriorates or educate people of all ages about important fined benefit and defined contribution plans is disturbed during home renovation and re- moments and events in the history of the to assist them in preparing for retirement, painting; and United States and the world and provide in- yet many of those employees may not be Whereas lead poisoning crosses all barriers structive narratives that illuminate the taking advantage of those plans at all or to of race, income, and geography: Now, there- meanings of ‘‘service’’, ‘‘sacrifice’’, ‘‘citizen- the full extent allowed by those plans as pre- fore, be it ship’’, and ‘‘democracy’’; scribed by Federal law; Resolved, That the Senate— Whereas more than 70,000 oral histories Whereas the need to save for retirement is (1) designates the week of October 24 have already been collected and more than important, even during economic downturns through October 30, 2010, as ‘‘National Child- 8,000 oral histories are fully digitized and or market declines, making continued con- hood Lead Poisoning Prevention Week’’; and available through the website of the Library tributions all the more important; (2) calls upon the people of the United of Congress; Whereas all workers, including public- and States to observe National Childhood Lead Poisoning Prevention Week with appropriate Whereas the Veterans History Project will private-sector employees, employees of tax- programs and activities. increase the number of oral histories that exempt organizations, and self-employed in- can be collected and preserved and increase dividuals, can benefit from increased aware- f the number of veterans it honors; and ness of the need to develop personal budgets SENATE RESOLUTION 651—RECOG- Whereas ‘‘National Veterans Awareness and financial plans that include retirement NIZING THE 20TH ANNIVERSARY Week’’ has been recognized by Congress in savings strategies and to take advantage of previous years: Now, therefore, be it the availability of tax-preferred savings ve- OF THE DESIGNATION OF THE Resolved, That the Senate— hicles to assist them in saving for retire- MONTH OF SEPTEMBER OF 1991 (1) designates the week beginning on Mon- ment; and AS ‘‘NATIONAL RICE MONTH’’ day, November 8, 2010, as ‘‘National Veterans Whereas October 17 through October 23, Mr. REID (for Mrs. LINCOLN (for her- History Project Week’’; 2010, has been designated as ‘‘National Save self, Mr. COCHRAN, Mrs. FEINSTEIN, Mr. (2) recognizes ‘‘National Veterans Aware- for Retirement Week’’: Now, therefore, be it PRYOR, Ms. LANDRIEU, Mrs. BOXER, Mr. ness Week’’; Resolved, That the Senate— (3) calls on the people of the United States (1) supports the goals and ideals of ‘‘Na- VITTER, Mrs. MCCASKILL, Mr. BOND, Mr. to interview at least 1 veteran in their fami- tional Save for Retirement Week’’, including WICKER, and Mr. CORNYN)) submitted lies or communities according to guidelines raising public awareness of the various tax- the following resolution; which was provided by the Veterans History Project; preferred retirement vehicles as important considered and agreed to: and tools for personal savings and retirement fi- S. RES. 651 (4) encourages national, State, and local nancial security; Whereas rice is a primary staple for more organizations along with Federal, State, (2) supports the need to raise public aware- than half of the population of the world and city, and county governmental institutions ness of the availability of a variety of ways has been one of the most important foods to participate in support of the effort to doc- to save for retirement which are favored throughout history; ument, preserve, and honor the service of under the Internal Revenue Code of 1986 and Whereas rice production in the United veterans of the Armed Forces of the United are utilized by many Americans, but which States dates back to 1685 and is one of the States. should be utilized by more; oldest agribusinesses in the United States; f (3) supports the need to raise public aware- Whereas rice grown in the United States ness of the importance of saving adequately significantly contributes to the diet and SENATE RESOLUTION 649—SUP- for retirement and the continued existence economy of the United States; PORTING THE GOALS AND of tax preferred employer-sponsored retire- Whereas rice is produced in the States of IDEALS OF ‘‘NATIONAL SAVE ment savings vehicles; and Arkansas, California, Louisiana, Mississippi, FOR RETIREMENT WEEK’’, IN- (4) calls on the States, localities, schools, Missouri, and Texas; CLUDING RAISING PUBLIC universities, nonprofit organizations, busi- Whereas rice production, processing, AWARENESS OF THE VARIOUS nesses, other entities, and the people of the merchandizing, and related industries in the United States to observe National Save for United States are vital to the economies of TAX-PREFERRED RETIREMENT Retirement Week with appropriate programs VEHICLES AND INCREASING PER- the rural areas of the Sacramento Valley in and activities, with the goal of increasing re- the State of California, the Gulf Coast region SONAL FINANCIAL LITERACY tirement savings for all the people of the of the States of Louisiana and Texas, and the Mr. CONRAD (for himself, Mr. ENZI, United States. Mississippi Delta region where more than and Mr. CARDIN) submitted the fol- 3,000,000 acres of rice, on average, are pro- f lowing resolution; which was consid- duced annually; ered and agreed to: Whereas, in 2009, rice farmers in the United SENATE RESOLUTION 650—DESIG- States produced nearly 22,000,000,000 pounds S. RES. 649 NATING THE WEEK OF OCTOBER of rice that had a farm gate value of more Whereas people in the United States are 24 THROUGH OCTOBER 30, 2010, AS than $3,000,000,000; living longer, and the cost of retirement is ‘‘NATIONAL CHILDHOOD LEAD Whereas, in 2009, rice production and sub- increasing significantly; POISONING PREVENTION WEEK’’ sequent sales generated $17,500,000,000 in Whereas Social Security remains the bed- total value added to the economy of the rock of retirement income for the great ma- Mr. REED (for himself, Ms. COLLINS, United States from rice production, milling, jority of the people of the United States but Mr. CARDIN, Mr. WHITEHOUSE, Mr. and selected end users and had the employ- was never intended by Congress to be the MENENDEZ, Mr. DODD, Mrs. BOXER, and ment effect of contributing 127,000 jobs to sole source of retirement income for fami- Mr. JOHANNS) submitted the following the labor force; lies; resolution; which was considered and Whereas eighty-five percent of the rice Whereas recent data from the Employee agreed to: consumed in the United States is grown by Benefit Research Institute indicates that, in American rice farmers, which supports rural the United States, less than 2⁄3 of workers or S. RES. 650 communities and the economy of the United their spouses are currently saving for retire- Whereas lead poisoning is one of the lead- States; ment and that the actual amount of retire- ing environmental health hazards facing Whereas the United States is one of the ment savings of workers lags far behind the children in the United States; largest exporters of rice and produces more

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than two percent of the world’s rice supply, Intelligence Agency Retirement and Dis- (1) NONDISPLACEMENT.—Subparagraph (E) feeding millions around the world; ability System, and for other purposes. of such section 212(n)(1) is amended— Whereas rice is a food enjoyed throughout SA 4666. Mr. CASEY (for Ms. MURKOWSKI) (A) in clause (i)— life in many forms, as the foundation of proposed an amendment to the bill S. 3802, to (i) by striking ‘‘90 days’’ both places it ap- main dishes and side dishes, and as cereals, designate a mountain and icefield in the pears and inserting ‘‘180 days’’; and flour, bran, cooking oil, rice cakes, and other State of Alaska as the ‘‘Mount Stevens’’ and (ii) by striking ‘‘(i) In the case of an appli- healthful snacks; ‘‘Ted Stevens Icefield’’, respectively. cation described in clause (ii), the’’ and in- Whereas rice is an important source of nu- f serting ‘‘The’’; and tritional value, as rice provides an excellent (B) by striking clause (ii). source of complex carbohydrates, and is cho- TEXT OF AMENDMENTS (2) RECRUITMENT.—Subparagraph (G)(i) of lesterol-free, sodium-free, and trans fat-free; SA 4659. Mr. GRASSLEY submitted such section 212(n)(1) is amended by striking Whereas published research shows that an amendment intended to be proposed ‘‘In the case of an application described in people who eat rice have healthier diets; by him to the bill S. 3816, to amend the subparagraph (E)(ii), subject’’ and inserting Whereas rice farmers in the United States ‘‘Subject’’. play a key role in the provision and enhance- Internal Revenue Code of 1986 to create (e) REQUIREMENT FOR WAIVER.—Subpara- ment of habitat for wetlands-dependant wild- American jobs and to prevent the graph (F) of such section 212(n)(1) is amended life species, such as ducks, geese, swans, and offshoring of such jobs overseas; which to read as follows: cranes; and was ordered to lie on the table; as fol- ‘‘(F) The employer shall not place, Whereas the harvest of rice in the United lows: outsource, lease, or otherwise contract for States is celebrated each September and At the end, add the following: the services or placement of H–1B non- September 2010 marks the 20th anniversary immigrants with another employer unless of that annual celebration’s designation: TITLE III—VISA REFORM the employer of the alien has been granted a Now, therefore, be it SEC. 301. SHORT TITLE. waiver under paragraph (2)(E).’’. Resolved, That the Senate— This title may be cited as the ‘‘H–1B and SEC. 312. NEW APPLICATION REQUIREMENTS. (1) recognizes the 20th anniversary of the L–1 Visa Reform Act of 2010’’. Section 212(n)(1) of the Immigration and designation of the month of September of Subtitle A—H–1B Visa Fraud and Abuse Nationality Act (8 U.S.C. 1182(n)(1)) is 1991 as ‘‘National Rice Month’’; and Protections amended by inserting after clause (ii) of sub- (2) encourages the people of the United PART I—H–1B EMPLOYER APPLICATION paragraph (G) the following: States to observe National Rice Month with REQUIREMENTS ‘‘(H)(i) The employer has not advertised appropriate ceremonies and activities. SEC. 311. MODIFICATION OF APPLICATION RE- any available position specified in the appli- f QUIREMENTS. cation in an advertisement that states or in- dicates that— AMENDMENTS SUBMITTED AND (a) GENERAL APPLICATION REQUIREMENTS.— Subparagraph (A) of section 212(n)(1) of the ‘‘(I) such position is only available to an PROPOSED Immigration and Nationality Act (8 U.S.C. individual who is or will be an H–1B non- SA 4659. Mr. GRASSLEY submitted an 1182(n)(1)) is amended to read as follows: immigrant; or amendment intended to be proposed by him ‘‘(A) The employer— ‘‘(II) an individual who is or will be an H– to the bill S. 3816, to amend the Internal ‘‘(i) is offering and will offer to H–1B non- 1B nonimmigrant shall receive priority or a Revenue Code of 1986 to create American jobs immigrants, during the period of authorized preference in the hiring process for such po- and to prevent the offshoring of such jobs employment for each H–1B nonimmigrant, sition. overseas; which was ordered to lie on the wages that are determined based on the best ‘‘(ii) The employer has not solely recruited table. information available at the time the appli- individuals who are or who will be H–1B non- SA 4660. Mr. GRASSLEY submitted an cation is filed and which are not less than immigrants to fill such position. amendment intended to be proposed by him the highest of— ‘‘(I) If the employer employs 50 or more to the bill S. 3816, supra; which was ordered ‘‘(I) the locally determined prevailing wage employees in the United States, the sum of to lie on the table. level for the occupational classification in the number of such employees who are H–1B SA 4661. Mr. DURBIN (for Mr. LIEBERMAN) the area of employment; nonimmigrants plus the number of such em- proposed an amendment to the bill H.R. 553, ‘‘(II) the median average wage for all work- ployees who are nonimmigrants described in to require the Secretary of Homeland Secu- ers in the occupational classification in the section 101(a)(15)(L) may not exceed 50 per- rity to develop a strategy to prevent the area of employment; and cent of the total number of employees. over-classification of homeland security and ‘‘(III) the median wage for skill level 2 in ‘‘(J) If the employer, in such previous pe- other information and to promote the shar- the occupational classification found in the riod as the Secretary shall specify, employed ing of unclassified homeland security and most recent Occupational Employment Sta- 1 or more H–1B nonimmigrants, the em- other information, and for other purposes. tistics survey; and ployer shall submit to the Secretary the In- SA 4662. Mr. WYDEN (for himself, Mrs. ‘‘(ii) will provide working conditions for ternal Revenue Service Form W–2 Wage and MURRAY, and Mr. MERKLEY) submitted an such H–1B nonimmigrant that will not ad- Tax Statement filed by the employer with amendment intended to be proposed by him versely affect the working conditions of respect to the H–1B nonimmigrants for such to the bill S. 3454, to authorize appropria- other workers similarly employed.’’. period.’’. tions for fiscal year 2011 for military activi- (b) INTERNET POSTING REQUIREMENT.—Sub- SEC. 313. APPLICATION REVIEW REQUIREMENTS. ties of the Department of Defense, for mili- paragraph (C) of such section 212(n)(1) is (a) TECHNICAL AMENDMENT.—Section tary construction, and for defense activities amended— 212(n)(1) of the Immigration and Nationality of the Department of Energy, to prescribe (1) by redesignating clause (ii) as subclause Act (8 U.S.C. 1182(n)(1)), as amended by sec- military personnel strengths for such fiscal (II); tion 102, is further amended in the undesig- year, and for other purposes; which was or- (2) by striking ‘‘(i) has provided’’ and in- nated paragraph at the end, by striking ‘‘The dered to lie on the table. serting the following: employer’’ and inserting the following: SA 4663. Mr. CASEY (for Mr. AKAKA (for ‘‘(ii)(I) has provided’’; and ‘‘(K) The employer.’’. himself and Mr. VOINOVICH)) proposed an (3) by inserting before clause (ii), as redes- (b) APPLICATION REVIEW REQUIREMENTS.— amendment to the bill H.R. 946, to enhance ignated by paragraph (2) of this subsection, Subparagraph (K) of such section 212(n)(1), as citizen access to Government information the following: designated by subsection (a), is amended— and services by establishing that Govern- ‘‘(i) has posted on the Internet website de- (1) by inserting ‘‘and through the Depart- ment documents issued to the public must be scribed in paragraph (3), for at least 30 cal- ment of Labor’s website, without charge.’’ written clearly, and for other purposes. endar days, a detailed description of each po- after ‘‘D.C.’’; SA 4664. Mr. CASEY (for Mr. LIEBERMAN) sition for which a nonimmigrant is sought (2) by striking ‘‘only for completeness’’ and proposed an amendment to the bill S. 1510, to that includes a description of— inserting ‘‘for completeness and clear indica- transfer statutory entitlements to pay and ‘‘(I) the wages and other terms and condi- tors of fraud or misrepresentation of mate- hours of work authorized by laws codified in tions of employment; rial fact,’’; the District of Columbia Official Code for ‘‘(II) the minimum education, training, ex- (3) by striking ‘‘or obviously inaccurate’’ current members of the United States Secret perience, and other requirements for the po- and inserting ‘‘, presents clear indicators of Service Uniformed Division from such laws sition; and fraud or misrepresentation of material fact, to the United States Code, and for other pur- ‘‘(III) the process for applying for the posi- or is obviously inaccurate’’; poses. tion; and’’. (4) by striking ‘‘within 7 days of’’ and in- SA 4665. Mr. CASEY (for Mrs. FEINSTEIN (c) WAGE DETERMINATION INFORMATION.— serting ‘‘not later than 14 days after’’; and (for herself and Mr. BOND)) proposed an Subparagraph (D) of such section 212(n)(1) is (5) by adding at the end the following: ‘‘If amendment to the bill H.R. 2701, to authorize amended by inserting ‘‘the wage determina- the Secretary’s review of an application appropriations for fiscal year 2010 for intel- tion methodology used under subparagraph identifies clear indicators of fraud or mis- ligence and intelligence-related activities of (A)(i),’’ after ‘‘shall contain’’. representation of material fact, the Sec- the United States Government, the Commu- (d) APPLICATION OF REQUIREMENTS TO ALL retary may conduct an investigation and nity Management Account, and the Central EMPLOYERS.— hearing in accordance with paragraph (2).’’.

VerDate Mar 15 2010 22:04 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00063 Fmt 4637 Sfmt 0634 E:\RECORD10\RECFILES\S27SE0.REC S27SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7518 CONGRESSIONAL RECORD — SENATE September 27, 2010 PART II—INVESTIGATION AND DISPOSI- (C) in subclause (II), by striking the period and publish in the Federal Register and TION OF COMPLAINTS AGAINST H–1B at the end and inserting a semicolon and other appropriate media a notice of the date EMPLOYERS ‘‘and’’; and that rules required by paragraph (1) are pub- (D) by adding at the end the following: lished. SEC. 321. GENERAL MODIFICATION OF PROCE- ‘‘(III) an employer that violates subpara- DURES FOR INVESTIGATION AND SEC. 324. INITIATION OF INVESTIGATIONS. DISPOSITION. graph (A) of such paragraph shall be liable to the employees harmed by such violations for Subparagraph (G) of section 212(n)(2) of the Subparagraph (A) of section 212(n)(2) of the lost wages and benefits.’’; Immigration and Nationality Act (8 U.S.C. Immigration and Nationality Act (8 U.S.C. (4) in clause (iv)— 1182(n)(2)) is amended— 1182(n)(2)) is amended— (A) by inserting ‘‘to take, fail to take, or (1) in clause (i), by striking ‘‘if the Sec- (1) by striking ‘‘(A) Subject’’ and inserting threaten to take or fail to take, a personnel retary’’ and all that follows and inserting ‘‘(A)(i) Subject’’; action, or’’ before ‘‘to intimidate’’; ‘‘with regard to the employer’s compliance (2) by striking ‘‘12 months’’ and inserting (B) by inserting ‘‘(I)’’ after ‘‘(iv)’’; and with the requirements of this subsection.’’; ‘‘24 months’’; (C) by adding at the end the following: (2) in clause (ii), by striking ‘‘and whose (3) by striking the last sentence; and ‘‘(II) An employer that violates this clause identity’’ and all that follows through ‘‘fail- (4) by adding at the end the following: shall be liable to the employees harmed by ure or failures.’’ and inserting ‘‘the Sec- ‘‘(ii)(I) Upon the receipt of such a com- such violation for lost wages and benefits.’’; retary of Labor may conduct an investiga- plaint, the Secretary may initiate an inves- and tion into the employer’s compliance with the tigation to determine if such a failure or (5) in clause (vi)— requirements of this subsection.’’; misrepresentation has occurred. (A) by amending subclause (I) to read as (3) in clause (iii), by striking the last sen- ‘‘(II) The Secretary may conduct surveys follows: tence; of the degree to which employers comply ‘‘(I) It is a violation of this clause for an (4) by striking clauses (iv) and (v); with the requirements of this subsection and employer who has filed an application under (5) by redesignating clauses (vi), (vii), and may conduct annual compliance audits of this subsection— (viii) as clauses (iv), (v), and (vi), respec- employers that employ H–1B nonimmigrants. ‘‘(aa) to require an H–1B nonimmigrant to tively; ‘‘(III) The Secretary shall— pay a penalty for ceasing employment with (6) in clause (iv), as so redesignated, by ‘‘(aa) conduct annual compliance audits of the employer prior to a date agreed to by the striking ‘‘meet a condition described in not less than 1 percent of the employers that nonimmigrant and the employer (the Sec- clause (ii), unless the Secretary of Labor re- employ H–1B nonimmigrants during the ap- retary shall determine whether a required ceives the information not later than 12 plicable calendar year; payment is a penalty, and not liquidated months’’ and inserting ‘‘comply with the re- ‘‘(bb) conduct annual compliance audits of damages, pursuant to relevant State law); quirements under this subsection, unless the each employer with more than 100 employees and Secretary of Labor receives the information who work in the United States if more than ‘‘(bb) to fail to offer to an H–1B non- not later than 24 months’’; 15 percent of such employees are H–1B non- immigrant, during the nonimmigrant’s pe- (7) by amending clause (v), as so redesig- immigrants; and riod of authorized employment, on the same nated, to read as follows: ‘‘(cc) make available to the public an exec- basis, and in accordance with the same cri- ‘‘(v) The Secretary of Labor shall provide utive summary or report describing the gen- teria, as the employer offers to United notice to an employer of the intent to con- eral findings of the audits carried out pursu- States workers, benefits and eligibility for duct an investigation. The notice shall be ant to this subclause.’’. benefits, including— provided in such a manner, and shall contain sufficient detail, to permit the employer to SEC. 322. INVESTIGATION, WORKING CONDI- ‘‘(AA) the opportunity to participate in TIONS, AND PENALTIES. health, life, disability, and other insurance respond to the allegations before an inves- plans; tigation is commenced. The Secretary is not Subparagraph (C) of section 212(n)(2) of the ‘‘(BB) the opportunity to participate in re- required to comply with this clause if the Immigration and Nationality Act (8 U.S.C. tirement and savings plans; and Secretary determines that such compliance 1182(n)(2)) is amended— ‘‘(CC) cash bonuses and noncash compensa- would interfere with an effort by the Sec- (1) in clause (i)— tion, such as stock options (whether or not retary to investigate or secure compliance (A) in the matter preceding subclause (I)— based on performance).’’; and by the employer with the requirements of (i) by striking ‘‘a condition of paragraph (B) in subclause (III), by striking ‘‘$1,000’’ this subsection. A determination by the Sec- (1)(B), (1)(E), or (1)(F)’’ and inserting ‘‘a con- and inserting ‘‘$2,000’’. retary under this clause shall not be subject dition under subparagraph (A), (B), (C)(i), to judicial review.’’; (E), (F), (G)(i)(I), (H), (I), or (J) of paragraph SEC. 323. WAIVER REQUIREMENTS. (a) IN GENERAL.—Subparagraph (E) of sec- (8) in clause (vi), as so redesignated, by (1)’’; and tion 212(n)(2) of the Immigration and Nation- striking ‘‘An investigation’’ and all that fol- (ii) by striking ‘‘(1)(C)’’ and inserting ality Act (8 U.S.C. 1182(n)(2)) is amended to lows through ‘‘the determination.’’ and in- ‘‘(1)(C)(ii)’’; and read as follows: serting ‘‘If the Secretary of Labor, after an (B) in subclause (I)— ‘‘(E)(i) The Secretary of Labor may waive investigation under clause (i) or (ii), deter- (i) by striking ‘‘$1,000’’ and inserting the prohibition in paragraph (1)(F) if the mines that a reasonable basis exists to make ‘‘$2,000’’; and Secretary determines that the employer a finding that the employer has failed to (ii) by striking ‘‘and’’ at the end; seeking the waiver has established that— comply with the requirements under this (C) in subclause (II), by striking the period ‘‘(I) the employer with whom the H–1B subsection, the Secretary shall provide inter- at the end and inserting a semicolon and nonimmigrant would be placed has not dis- ested parties with notice of such determina- ‘‘and’’; placed, and does not intend to displace, a tion and an opportunity for a hearing in ac- (D) by adding at the end the following: United States worker employed by the em- cordance with section 556 of title 5, United ‘‘(III) an employer that violates such sub- ployer within the period beginning 180 days States Code, not later than 120 days after the paragraph (A) shall be liable to the employ- before and ending 180 days after the date of date of such determination.’’; and ees harmed by such violations for lost wages the placement of the nonimmigrant with the (9) by adding at the end the following: and benefits.’’; and employer; ‘‘(vii) If the Secretary of Labor, after a (2) in clause (ii) ‘‘(II) the H–1B nonimmigrant will not be hearing, finds a reasonable basis to believe (A) in subclause (I)— controlled and supervised principally by the that the employer has violated the require- (i) by striking ‘‘may’’ and inserting employer with whom the H–1B non- ments under this subsection, the Secretary ‘‘shall’’; and immigrant would be placed; and shall impose a penalty under subparagraph (ii) by striking ‘‘$5,000’’ and inserting ‘‘(III) the placement of the H–1B non- (C).’’. ‘‘$10,000’’; and immigrant is not essentially an arrangement SEC. 325. INFORMATION SHARING. (B) in subclause (II), by striking the period to provide labor for hire for the employer at the end and inserting a semicolon and with whom the H–1B nonimmigrant will be Subparagraph (H) of section 212(n)(2) of the ‘‘and’’; placed. Immigration and Nationality Act (8 U.S.C. (C) by adding at the end the following: ‘‘(ii) The Secretary shall grant or deny a 1182(n)(2)) is amended to read as follows: ‘‘(III) an employer that violates such sub- waiver under this subparagraph not later ‘‘(H) The Director of United States Citizen- paragraph (A) shall be liable to the employ- than 7 days after the Secretary receives the ship and Immigration Services shall provide ees harmed by such violations for lost wages application for such waiver.’’. the Secretary of Labor with any information and benefits.’’; and (b) REQUIREMENT FOR RULES.— contained in the materials submitted by em- (3) in clause (iii)— (1) RULES FOR WAIVERS.—The Secretary of ployers of H–1B nonimmigrants as part of (A) in the matter preceding subclause (I), Labor shall promulgate rules, after notice the adjudication process that indicates that by striking ‘‘90 days’’ both places it appears and a period for comment, for an employer the employer is not complying with visa pro- and inserting ‘‘180 days’’; to apply for a waiver under subparagraph (E) gram requirements for H–1B nonimmigrants. (B) in subclause (I)— of section 212(n)(2) of such Act, as amended The Secretary may initiate and conduct an (i) by striking ‘‘may’’ and inserting by subsection (a). investigation and hearing under this para- ‘‘shall’’; and (2) REQUIREMENT FOR PUBLICATION.—The graph after receiving information of non- (ii) by striking ‘‘and’’ at the end; Secretary of Labor shall submit to Congress compliance under this subparagraph.’’.

VerDate Mar 15 2010 22:04 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00064 Fmt 4637 Sfmt 0634 E:\RECORD10\RECFILES\S27SE0.REC S27SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 27, 2010 CONGRESSIONAL RECORD — SENATE S7519 SEC. 326. CONFORMING AMENDMENT. ant to subparagraph (H)(i)(b) or (L) of sec- ‘‘(III) the placement of the nonimmigrant Subparagraph (F) of section 212(n)(2) of the tion 101(a)(15) who is outside the United is not essentially an arrangement to provide Immigration and Nationality Act (8 U.S.C. States, the issuing office shall provide the labor for hire for an unaffiliated employer 1182) is amended by striking ‘‘The preceding applicant with— with whom the nonimmigrant will be placed, sentence shall apply to an employer regard- ‘‘(A) a brochure outlining the obligations rather than a placement in connection with less of whether or not the employer is an H– of the applicant’s employer and the rights of the provision or a product or service for 1B-dependent employer.’’. the applicant with regard to employment which specialized knowledge specific to the PART III—OTHER PROTECTIONS under Federal law, including labor and wage petitioning employer is necessary. protections; ‘‘(iii) The Secretary shall grant or deny a SEC. 331. POSTING AVAILABLE POSITIONS ‘‘(B) the contact information for appro- waiver under clause (ii) not later than 7 days THROUGH THE DEPARTMENT OF after the date that the Secretary receives LABOR. priate Federal agencies or departments that the application for the waiver.’’. (a) DEPARTMENT OF LABOR WEBSITE.—Para- offer additional information or assistance in clarifying such obligations and rights; and (b) REGULATIONS.—The Secretary of Home- graph (3) of section 212(n) of the Immigration land Security shall promulgate rules, after and Nationality Act (8 U.S.C. 1182(n)) is ‘‘(C) a copy of the application submitted for the nonimmigrant under section 212(n) or notice and a period for comment, for an em- amended to read as follows: ployer to apply for a waiver under subpara- the petition submitted for the nonimmigrant ‘‘(3)(A) Not later than 90 days after the graph (F)(ii) of section 214(c)(2), as added by date of the enactment of the H–1B and L–1 under subsection (c)(2)(A), as appropriate. ‘‘(2) Upon the issuance of a visa to an ap- subsection (a). Visa Reform Act of 2010, the Secretary of SEC. 342. L–1 EMPLOYER PETITION REQUIRE- Labor shall establish a searchable Internet plicant referred to in paragraph (1) who is in- side the United States, the issuing officer of MENTS FOR EMPLOYMENT AT NEW website for posting positions as required by OFFICES. the Department of Homeland Security shall paragraph (1)(C). Such website shall be avail- Section 214(c)(2) of the Immigration and provide the applicant with the material de- able to the public without charge. Nationality Act (8 U.S.C. 1184(c)(2)) is scribed in clauses (i), (ii), and (iii) of sub- ‘‘(B) The Secretary may work with private amended by adding at the end the following: paragraph (A).’’. companies or nonprofit organizations to de- ‘‘(G)(i) If the beneficiary of a petition velop and operate the Internet website de- SEC. 334. ADDITIONAL DEPARTMENT OF LABOR under this paragraph is coming to the United EMPLOYEES. scribed in subparagraph (A). States to open, or be employed in, a new of- (a) IN GENERAL.—The Secretary of Labor is ‘‘(C) The Secretary may promulgate rules, fice, the petition may be approved for up to authorized to hire 200 additional employees after notice and a period for comment, to 12 months only if— to administer, oversee, investigate, and en- ‘‘(I) the alien has not been the beneficiary carry out the requirements of this para- force programs involving nonimmigrant em- graph.’’. of 2 or more petitions under this subpara- ployees described in section graph during the immediately preceding 2 (b) REQUIREMENT FOR PUBLICATION.—The 101(a)(15)(H)(i)(B). years; and Secretary of Labor shall submit to Congress (b) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(II) the employer operating the new office and publish in the Federal Register and There are authorized to be appropriated such has— other appropriate media a notice of the date sums as may be necessary to carry out this ‘‘(aa) an adequate business plan; that the Internet website required by para- section. graph (3) of section 212(n) of such Act, as ‘‘(bb) sufficient physical premises to carry SEC. 335. TECHNICAL CORRECTION. out the proposed business activities; and amended by subsection (a), will be oper- Section 212 of the Immigration and Nation- ‘‘(cc) the financial ability to commence ational. ality Act is amended by redesignating the doing business immediately upon the ap- (c) APPLICATION.—The amendments made second subsection (t), as added by section by subsection (a) shall apply to an applica- proval of the petition. 1(b)(2)(B) of the Act entitled ‘‘An Act to ‘‘(ii) An extension of the approval period tion filed on or after the date that is 30 days amend and extend the Irish Peace Process after the date described in subsection (b). under clause (i) may not be granted until the Cultural and Training Program Act of 1998’’ importing employer submits an application SEC. 332. H–1B GOVERNMENT AUTHORITY AND (Public Law 108–449 (118 Stat. 3470)), as sub- to the Secretary of Homeland Security that REQUIREMENTS. section (u). contains— (a) IMMIGRATION DOCUMENTS.—Section 204 SEC. 336. APPLICATION. ‘‘(I) evidence that the importing employer of the Immigration and Nationality Act (8 Except as specifically otherwise provided, meets the requirements of this subsection; U.S.C. 1154) is amended by adding at the end the amendments made by this title shall ‘‘(II) evidence that the beneficiary of the the following: apply to applications filed on or after the petition is eligible for nonimmigrant status ‘‘(l) EMPLOYER TO PROVIDE IMMIGRATION date of the enactment of this Act. under section 101(a)(15)(L); PAPERWORK EXCHANGED WITH FEDERAL AGEN- Subtitle B—L–1 Visa Fraud and Abuse ‘‘(III) a statement summarizing the origi- CIES.—Not later than 21 business days after Protections nal petition; receiving a written request from a former, SEC. 341. PROHIBITION ON OUTPLACEMENT OF ‘‘(IV) evidence that the importing em- current, or future employee or beneficiary, L–1 NONIMMIGRANTS. ployer has fully complied with the business an employer shall provide such employee or (a) IN GENERAL.—Subparagraph (F) of sec- plan submitted under clause (i)(I); beneficiary with the original (or a certified tion 214(c)(2) of the Immigration and Nation- ‘‘(V) evidence of the truthfulness of any copy of the original) of all petitions, notices, ality Act (8 U.S.C. 1184(c)(2)) is amended to representations made in connection with the and other written communication exchanged read as follows: filing of the original petition; between the employer and the Department of ‘‘(F)(i) Unless an employer receives a waiv- ‘‘(VI) evidence that the importing em- Labor, the Department of Homeland Secu- er under clause (ii), an employer may not ployer, for the entire period beginning on the rity, or any other Federal agency or depart- employ an alien, for a cumulative period of date on which the petition was approved ment that is related to an immigrant or non- more than 1 year, who— under clause (i), has been doing business at immigrant petition filed by the employer for ‘‘(I) will serve in a capacity involving spe- the new office through regular, systematic, such employee or beneficiary.’’. cialized knowledge with respect to an em- and continuous provision of goods and serv- (b) REPORT ON JOB CLASSIFICATION AND ployer for purposes of section 101(a)(15)(L); ices; WAGE DETERMINATIONS.—Not later than 1 and ‘‘(VII) a statement of the duties the bene- year after the date of the enactment of this ‘‘(II) will be stationed primarily at the ficiary has performed at the new office dur- Act, the Comptroller General of the United worksite of an employer other than the peti- ing the approval period under clause (i) and States shall prepare a report analyzing the tioning employer or its affiliate, subsidiary, the duties the beneficiary will perform at the accuracy and effectiveness of the Secretary or parent, including pursuant to an out- new office during the extension period grant- of Labor’s current job classification and sourcing, leasing, or other contracting agree- ed under this clause; wage determination system. The report ment.’’ ‘‘(VIII) a statement describing the staffing shall— ‘‘(ii) The Secretary of Homeland Security at the new office, including the number of (1) specifically address whether the sys- may grant a waiver of the requirements of employees and the types of positions held by tems in place accurately reflect the com- clause (i) for an employer if the Secretary such employees; plexity of current job types as well as geo- determines that the employer has estab- ‘‘(IX) evidence of wages paid to employees; graphic wage differences; and lished that— ‘‘(X) evidence of the financial status of the (2) make recommendations concerning nec- ‘‘(I) the employer with whom the alien re- new office; and essary updates and modifications. ferred to in clause (i) would be placed has not ‘‘(XI) any other evidence or data prescribed SEC. 333. REQUIREMENTS FOR INFORMATION displaced and does not intend to displace a by the Secretary. FOR H–1B AND L–1 NONIMMIGRANTS. United States worker employed by the em- ‘‘(iii) A new office employing the bene- Section 214 of the Immigration and Nation- ployer within the period beginning 180 days ficiary of an L–1 petition approved under this ality Act (8 U.S.C. 1184) is amended by add- after the date of the placement of such alien paragraph shall do business only through ing at the end the following: with the employer; regular, systematic, and continuous provi- ‘‘(s) REQUIREMENTS FOR INFORMATION FOR ‘‘(II) such alien will not be controlled and sion of goods and services for the entire pe- H–1B AND L–1 NONIMMIGRANTS.— supervised principally by the employer with riod for which the petition is sought. ‘‘(1) IN GENERAL.—Upon issuing a visa to whom the nonimmigrant would be placed; ‘‘(iv) Notwithstanding clause (ii), and sub- an applicant for nonimmigrant status pursu- and ject to the maximum period of authorized

VerDate Mar 15 2010 22:04 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00065 Fmt 4637 Sfmt 0634 E:\RECORD10\RECFILES\S27SE0.REC S27SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7520 CONGRESSIONAL RECORD — SENATE September 27, 2010 admission set forth in subparagraph (D), the ‘‘(vi) If the Secretary, after an investiga- riod of authorized employment, on the same Secretary of Homeland Security, in the Sec- tion under clause (i) or (ii), determines that basis, and in accordance with the same cri- retary’s discretion, may approve a subse- a reasonable basis exists to make a finding teria, as the employer offers to United quently filed petition on behalf of the bene- that the employer has failed to comply with States workers, benefits and eligibility for ficiary to continue employment at the office the requirements under this subsection, the benefits, including— described in this subparagraph for a period Secretary shall provide the interested par- ‘‘(aa) the opportunity to participate in beyond the initially granted 12-month period ties with notice of such determination and health, life, disability, and other insurance if the importing employer has been doing an opportunity for a hearing in accordance plans; business at the new office through regular, with section 556 of title 5, United States ‘‘(bb) the opportunity to participate in re- systematic, and continuous provision of Code, not later than 120 days after the date tirement and savings plans; and goods and services for the 6 months imme- of such determination. If such a hearing is ‘‘(cc) cash bonuses and noncash compensa- diately preceding the date of extension peti- requested, the Secretary shall make a find- tion, such as stock options (whether or not tion filing and demonstrates that the failure ing concerning the matter by not later than based on performance). to satisfy any of the requirements described 120 days after the date of the hearing. ‘‘(iv) The Secretary of Homeland Security in those subclauses was directly caused by ‘‘(vii) If the Secretary, after a hearing, shall determine whether a required payment extraordinary circumstances, as determined finds a reasonable basis to believe that the under clause (iii)(I) is a penalty (and not liq- by the Secretary in the Secretary’s discre- employer has violated the requirements uidated damages) pursuant to relevant State tion.’’. under this subsection, the Secretary shall law.’’. SEC. 343. COOPERATION WITH SECRETARY OF impose a penalty under subparagraph (L). (b) REGULATIONS.—The Secretary of Home- STATE. ‘‘(viii)(I) The Secretary may conduct sur- land Security shall promulgate rules, after Section 214(c)(2) of the Immigration and veys of the degree to which employers com- notice and a period of comment, to imple- Nationality Act (8 U.S.C. 1184(c)(2)), as ply with the requirements under this sec- ment the requirements of subparagraph (J) amended by section 342, is further amended tion. of section 214(c)(2) of the Immigration and by adding at the end the following: ‘‘(II) The Secretary shall— Nationality Act (8 U.S.C. 1184(c)(2)), as added ‘‘(H) For purposes of approving petitions ‘‘(aa) conduct annual compliance audits of by subsection (a). In promulgating these under this paragraph, the Secretary of not less than 1 percent of the employers that rules, the Secretary shall take into consider- Homeland Security shall work cooperatively employ nonimmigrants described in section ation any special circumstances relating to with the Secretary of State to verify the ex- 101(a)(15)(L) during the applicable fiscal intracompany transfers. istence or continued existence of a company year; SEC. 346. PENALTIES. or office in the United States or in a foreign ‘‘(bb) conduct annual compliance audits of country.’’. each employer with more than 100 employees Section 214(c)(2) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(2)), as SEC. 344. INVESTIGATION AND DISPOSITION OF who work in the United States if more than COMPLAINTS AGAINST L–1 EMPLOY- 15 percent of such employees are non- amended by sections 202, 203, 204, and 205, is ERS. immigrants described in 101(a)(15)(L); and further amended by adding at the end the Section 214(c)(2) of the Immigration and ‘‘(cc) make available to the public an exec- following: ‘‘(K)(i) If the Secretary of Homeland Secu- Nationality Act (8 U.S.C. 1184(c)(2)), as utive summary or report describing the gen- rity finds, after notice and an opportunity amended by sections 342 and 343, is further eral findings of the audits carried out pursu- for a hearing, a failure by an employer to amended by adding at the end the following: ant to this subclause.’’. ‘‘(I)(i) The Secretary of Homeland Security meet a condition under subparagraph (F), may initiate an investigation of any em- SEC. 345. WAGE RATE AND WORKING CONDI- TIONS FOR L–1 NONIMMIGRANT. (G), (J), or (L) or a misrepresentation of ma- ployer that employs nonimmigrants de- (a) IN GENERAL.—Section 214(c)(2) of the terial fact in a petition to employ 1 or more scribed in section 101(a)(15)(L) with regard to Immigration and Nationality Act (8 U.S.C. aliens as nonimmigrants described in section the employer’s compliance with the require- 1184(c)(2)), as amended by section 342, 343, 101(a)(15)(L)— ments of this subsection. and 344, is further amended by adding at the ‘‘(I) the Secretary shall impose such ad- ‘‘(ii) If the Secretary receives specific cred- end the following: ministrative remedies (including civil mone- ible information from a source who is likely ‘‘(J)(i) An employer that employs a non- tary penalties in an amount not to exceed to have knowledge of an employer’s prac- immigrant described in section 101(a)(15)(L) $2,000 per violation) as the Secretary deter- tices, employment conditions, or compliance for a cumulative period of time in excess of mines to be appropriate; with the requirements under this subsection, 1 year shall— ‘‘(II) the Secretary may not, during a pe- the Secretary may conduct an investigation ‘‘(I) offer such nonimmigrant, during the riod of at least 1 year, approve a petition for into the employer’s compliance with the re- period of authorized employment, wages, that employer to employ 1 or more aliens as quirements of this subsection. The Secretary based on the best information available at such nonimmigrants; and may withhold the identity of the source from the time the application is filed, which are ‘‘(III) in the case of a violation of subpara- the employer, and the source’s identity shall not less than the highest of— graph (J) or (L), the employer shall be liable not be subject to disclosure under section 552 to the employees harmed by such violation of title 5, United States Code. ‘‘(aa) the locally determined prevailing wage level for the occupational classification for lost wages and benefits. ‘‘(iii) The Secretary shall establish a pro- ‘‘(ii) If the Secretary finds, after notice and cedure for any person desiring to provide to in the area of employment; ‘‘(bb) the median average wage for all an opportunity for a hearing, a willful fail- the Secretary information described in ure by an employer to meet a condition clause (ii) that may be used, in whole or in workers in the occupational classification in the area of employment; and under subparagraph (F), (G), (J). or (L) or a part, as the basis for the commencement of willful misrepresentation of material fact in an investigation described in such clause, to ‘‘(cc) the median wage for skill level 2 in a petition to employ 1 or more aliens as non- provide the information in writing on a form the occupational classification found in the immigrants described in section developed and provided by the Secretary and most recent Occupational Employment Sta- 101(a)(15)(L)— completed by or on behalf of the person. tistics survey; and ‘‘(iv) No investigation described in clause ‘‘(II) provide working conditions for such ‘‘(I) the Secretary shall impose such ad- (ii) (or hearing described in clause (vi) based nonimmigrant that will not adversely affect ministrative remedies (including civil mone- on such investigation) may be conducted the working conditions of workers similarly tary penalties in an amount not to exceed with respect to information about a failure employed. $10,000 per violation) as the Secretary deter- to comply with the requirements under this ‘‘(ii) If an employer, in such previous pe- mines to be appropriate; subsection, unless the Secretary receives the riod specified by the Secretary of Homeland ‘‘(II) the Secretary may not, during a pe- information not later than 24 months after Security, employed 1 or more such non- riod of at least 2 years, approve a petition the date of the alleged failure. immigrants, the employer shall provide to filed for that employer to employ 1 or more ‘‘(v) Before commencing an investigation the Secretary of Homeland Security the In- aliens as such nonimmigrants; and of an employer under clause (i) or (ii), the ternal Revenue Service Form W–2 Wage and ‘‘(III) in the case of a violation of subpara- Secretary shall provide notice to the em- Tax Statement filed by the employer with graph (J) or (L), the employer shall be liable ployer of the intent to conduct such inves- respect to such nonimmigrants for such pe- to the employees harmed by such violation tigation. The notice shall be provided in such riod. for lost wages and benefits.’’. a manner, and shall contain sufficient detail, ‘‘(iii) It is a failure to meet a condition SEC. 347. PROHIBITION ON RETALIATION to permit the employer to respond to the al- under this subparagraph for an employer AGAINST L–1 NONIMMIGRANTS. legations before an investigation is com- who has filed a petition to import 1 or more Section 214(c)(2) of the Immigration and menced. The Secretary is not required to aliens as nonimmigrants described in section Nationality Act (8 U.S.C. 1184(c)(2)), as comply with this clause if the Secretary de- 101(a)(15)(L)— amended by section 342, 343, 344, 345, and 346, termines that to do so would interfere with ‘‘(I) to require such a nonimmigrant to pay is further amended by adding at the end the an effort by the Secretary to investigate or a penalty for ceasing employment with the following: secure compliance by the employer with the employer before a date mutually agreed to ‘‘(L)(i) It is a violation of this subpara- requirements of this subsection. There shall by the nonimmigrant and the employer; or graph for an employer who has filed a peti- be no judicial review of a determination by ‘‘(II) to fail to offer to such a non- tion to import 1 or more aliens as non- the Secretary under this clause. immigrant, during the nonimmigrant’s pe- immigrants described in section 101(a)(15)(L)

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to take, fail to take, or threaten to take or (b) EFFECT OF MASS LAYOFF.—If an em- Reform and Terrorism Prevention Act of 2004 fail to take, a personnel action, or to intimi- ployer provides a notice of a mass layoff pur- (6 U.S.C. 485). date, threaten, restrain, coerce, blacklist, suant to the Worker Adjustment and Re- (5) Federal departments or agencies au- discharge, or discriminate in any other man- training Notification Act after the approval thorized to make original classification deci- ner against an employee because the em- of a visa described in subsection (a), any sions or that perform derivative classifica- ployee— visas approved during the most recent 12- tion of information are responsible for devel- ‘‘(I) has disclosed information that the em- month period for such employer shall expire oping, implementing, and administering ployee reasonably believes evidences a viola- on the date that is 60 days after the date on policies, procedures, and programs that pro- tion of this subsection, or any rule or regula- which such notice is provided. The expira- mote compliance with applicable laws, exec- tion pertaining to this subsection; or tion of a visa under this subsection shall not utive orders, and other authorities per- ‘‘(II) cooperates or seeks to cooperate with be subject to judicial review. taining to the proper use of classification the requirements of this subsection, or any (c) NOTICE REQUIREMENT.—Upon receiving markings and the policies of the National rule or regulation pertaining to this sub- notification of a mass layoff from an em- Archives and Records Administration. section. ployer, the Secretary of Homeland Security SEC. 3. DEFINITIONS. ‘‘(ii) In this subparagraph, the term ‘em- shall inform each employee whose visa is In this Act: ployee’ includes— scheduled to expire under subsection (b)— (1) DERIVATIVE CLASSIFICATION AND ORIGI- ‘‘(I) a current employee; (1) the date on which such individual will NAL CLASSIFICATION.—The terms ‘‘derivative ‘‘(II) a former employee; and no longer be authorized to work in the classification’’ and ‘‘original classification’’ ‘‘(III) an applicant for employment.’’. United States; and have the meanings given those terms in Ex- SEC. 348. REPORTS ON L–1 NONIMMIGRANTS. (2) the date on which such individual will ecutive Order No. 13526. Section 214(c)(8) of the Immigration and be required to leave the United States unless (2) EXECUTIVE AGENCY.—The term ‘‘Execu- Nationality Act (8 U.S.C. 1184(c)(8)) is the individual is otherwise authorized to re- tive agency’’ has the meaning given that amended by inserting ‘‘(L),’’ after ‘‘(H),’’. main in the United States. term in section 105 of title 5, United States SEC. 349. TECHNICAL AMENDMENTS. (d) EXEMPTION.—An employer shall be ex- Code. Section 214(c)(2) of the Immigration and empt from the requirements under this sec- (3) EXECUTIVE ORDER NO. 13526.—The term Nationality Act (8 U.S.C. 1184(c)(2)) is tion if the employer provides written certifi- ‘‘Executive Order No. 13526’’ means Execu- amended by striking ‘‘Attorney General’’ cation, under penalty of perjury, to the Sec- tive Order No. 13526 (75 Fed. Reg. 707; relat- each place it appears and inserting ‘‘Sec- retary of Labor that the total number of the ing to classified national security informa- retary of Homeland Security’’. employer’s workers who are United States tion) or any subsequent corresponding execu- SEC. 350. APPLICATION. citizens and are working in the United tive order. The amendments made by sections 341 States have not been, and will not be, re- SEC. 4. CLASSIFIED INFORMATION ADVISORY OF- through 347 shall apply to applications filed duced as a result of a mass layoff described FICER. on or after the date of the enactment of this in subsection (b). (a) IN GENERAL.—Subtitle A of title II of Act. (e) RULEMAKING.—Not later than 90 days the Homeland Security Act of 2002 (6 U.S.C. SEC. 351. REPORT ON L–1 BLANKET PETITION after the date of the enactment of this Act, 121 et seq.) is amended by adding at the end PROCESS. the Secretary of Homeland Security and the the following: (a) REQUIREMENT FOR REPORT.—Not later Secretary of Labor shall promulgate regula- ‘‘SEC. 210F. CLASSIFIED INFORMATION ADVISORY than 6 months after the date of the enact- tions to carry out this section, including a OFFICER. ment of this Act, the Inspector General of requirement that employers provide notice ‘‘(a) REQUIREMENT TO ESTABLISH.—The Sec- the Department of Homeland Security shall to the Secretary of Homeland Security of a retary shall identify and designate within submit to the appropriate committees of mass layoff (as defined in section 2 of the the Department a Classified Information Ad- Congress a report regarding the use of blan- Worker Adjustment and Retraining Notifica- visory Officer, as described in this section. ket petitions under section 214(c)(2)(A) of the tion Act (29 U.S.C. 2101)). ‘‘(b) RESPONSIBILITIES.—The responsibil- Immigration and Nationality Act (8 U.S.C. ities of the Classified Information Advisory 1184(c)(2)(A)). Such report shall assess the ef- SA 4661. Mr. DURBIN (for Mr. Officer shall be as follows: ficiency and reliability of the process for re- LIEBERMAN) proposed an amendment to ‘‘(1) To develop and disseminate edu- viewing such blanket petitions, including the bill H.R. 553, to require the Sec- cational materials and to develop and ad- minister training programs to assist State, whether the process includes adequate safe- retary of Homeland Security to develop guards against fraud and abuse. local, and tribal governments (including (b) APPROPRIATE COMMITTEES OF CON- a strategy to prevent the over-classi- State, local, and tribal law enforcement GRESS.—In this section the term ‘‘appro- fication of homeland security and agencies) and private sector entities— priate committees of Congress’’ means— other information and to promote the ‘‘(A) in developing plans and policies to re- (1) the Committee on Homeland Security sharing of unclassified homeland secu- spond to requests related to classified infor- and Governmental Affairs of the Senate; rity and other information, and for mation without communicating such infor- (2) the Committee on the Judiciary of the other purposes; as follows: mation to individuals who lack appropriate Senate; security clearances; In lieu of the matter proposed to be in- (3) the Committee on Homeland Security ‘‘(B) regarding the appropriate procedures serted, insert the following: of the House of Representatives; and for challenging classification designations of (4) the Committee on the Judiciary of the SECTION 1. SHORT TITLE. information received by personnel of such House of Representatives. This Act may be cited as the ‘‘Reducing entities; and Over-Classification Act’’. ‘‘(C) on the means by which such personnel SA 4660. Mr. GRASSLEY submitted SEC. 2. FINDINGS. may apply for security clearances. an amendment intended to be proposed Congress finds the following: ‘‘(2) To inform the Under Secretary for In- by him to the bill S. 3816, to amend the (1) The National Commission on Terrorist telligence and Analysis on policies and pro- Internal Revenue Code of 1986 to create Attacks Upon the United States (commonly cedures that could facilitate the sharing of American jobs and to prevent the known as the ‘‘9/11 Commission’’) concluded classified information with such personnel, that security requirements nurture over- offshoring of such jobs overseas; which as appropriate. classification and excessive ‘‘(c) INITIAL DESIGNATION.—Not later than was ordered to lie on the table; as fol- compartmentation of information among 90 days after the date of the enactment of lows: agencies. the Reducing Over-Classification Act, the At the end of title I, add the following: (2) The 9/11 Commission and others have Secretary shall— SEC. 102. CERTIFICATION REQUIREMENT. observed that the over-classification of in- ‘‘(1) designate the initial Classified Infor- (a) IN GENERAL.—The Secretary of Home- formation interferes with accurate, action- mation Advisory Officer; and land Security may not approve a petition by able, and timely information sharing, in- ‘‘(2) submit to the Committee on Homeland an employer for any visa authorizing em- creases the cost of information security, and Security and Governmental Affairs of the ployment in the United States unless the needlessly limits stakeholder and public ac- Senate and the Committee on Homeland Se- employer has provided written certification, cess to information. curity of the House of Representatives a under penalty of perjury, to the Secretary of (3) Over-classification of information written notification of the designation.’’. Labor that— causes considerable confusion regarding (b) CLERICAL AMENDMENT.—The table of (1) the employer has not provided a notice what information may be shared with whom, contents in section 1(b) of the Homeland Se- of a mass layoff pursuant to the Worker Ad- and negatively affects the dissemination of curity Act of 2002 (6 U.S.C. 101 et seq.) is justment and Retraining Notification Act (29 information within the Federal Government amended by inserting after the item relating U.S.C. 2101 et seq.) during the 12-month pe- and with State, local, and tribal entities, and to section 210E the following: riod immediately preceding the date on with the private sector. ‘‘Sec. 210F. Classified Information Advisory which the alien is scheduled to be hired; and (4) Over-classification of information is Officer.’’. (2) the employer does not intend to provide antithetical to the creation and operation of SEC. 5. INTELLIGENCE INFORMATION SHARING. a notice of a mass layoff pursuant to such the information sharing environment estab- (a) DEVELOPMENT OF GUIDANCE FOR INTEL- Act. lished under section 1016 of the Intelligence LIGENCE PRODUCTS.—Paragraph (1) of section

VerDate Mar 15 2010 22:04 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00067 Fmt 4637 Sfmt 0634 E:\RECORD10\RECFILES\S27SE0.REC S27SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7522 CONGRESSIONAL RECORD — SENATE September 27, 2010 102A(g) of the National Security Act of 1947 ‘‘(9) provide the assessment developed pur- rity Oversight Office to ensure that evalua- (50 U.S.C. 403–1(g)) is amended— suant to paragraph (8) to the program man- tions follow a consistent methodology, as ap- (1) in subparagraph (E), by striking ‘‘and’’ ager for use in the annual reports required propriate, that allows for cross-agency com- at the end; by subsection (c)(2).’’. parisons. (2) in subparagraph (F), by striking the pe- (c) INTERAGENCY THREAT ASSESSMENT AND (4) APPROPRIATE ENTITIES DEFINED.—In this riod at the end and inserting a semicolon and COORDINATION GROUP ANNUAL REPORT MODI- subsection, the term ‘‘appropriate entities’’ ‘‘and’’; and FICATION.—Subsection (c) of section 210D of means— (3) by adding at the end the following: the Homeland Security Act of 2002 (6 U.S.C. (A) the Committee on Homeland Security ‘‘(G) in accordance with Executive Order 124k) is amended— and Governmental Affairs and the Select No. 13526 (75 Fed. Reg. 707; relating to classi- (1) in the matter preceding paragraph (1), Committee on Intelligence of the Senate; fied national security information) (or any by striking ‘‘, in consultation with the Infor- (B) the Committee on Homeland Security, subsequent corresponding executive order), mation Sharing Council,’’; the Committee on Oversight and Govern- and part 2001 of title 32, Code of Federal Reg- (2) in paragraph (1), by striking ‘‘and’’ at ment Reform, and the Permanent Select ulations (or any subsequent corresponding the end; Committee on Intelligence of the House of regulation), establish— (3) in paragraph (2), by striking the period Representatives; ‘‘(i) guidance to standardize, in appropriate at the end and inserting a semicolon and (C) any other committee of Congress with cases, the formats for classified and unclassi- ‘‘and’’; and jurisdiction over a department or agency re- fied intelligence products created by ele- (4) by adding at the end the following: ferred to in paragraph (1); ments of the intelligence community for ‘‘(3) in each report required by paragraph (D) the head of a department or agency re- purposes of promoting the sharing of intel- (2) submitted after the date of the enactment ferred to in paragraph (1); and ligence products; and of the Reducing Over-Classification Act, in- (E) the Director of the Information Secu- ‘‘(ii) policies and procedures requiring the clude an assessment of whether the detailees rity Oversight Office. increased use, in appropriate cases, and in- under subsection (d)(5) have appropriate ac- cluding portion markings, of the classifica- cess to all relevant information, as required SEC. 7. CLASSIFICATION TRAINING PROGRAM. by subsection (g)(2)(C).’’. tion of portions of information within one (a) IN GENERAL.—The head of each Execu- intelligence product.’’. SEC. 6. PROMOTION OF ACCURATE CLASSIFICA- tive agency, in accordance with Executive TION OF INFORMATION. Order 13526, shall require annual training for (b) CREATION OF UNCLASSIFIED INTEL- (a) INCENTIVES FOR ACCURATE CLASSIFICA- each employee who has original classifica- LIGENCE PRODUCTS AS APPROPRIATE FOR TIONS.—In making cash awards under chap- STATE, LOCAL, TRIBAL, AND PRIVATE SECTOR ter 45 of title 5, United States Code, the tion authority. For employees who perform STAKEHOLDERS.— President or the head of an Executive agency derivative classification, or are responsible (1) RESPONSIBILITIES OF SECRETARY RELAT- with an officer or employee who is author- for analysis, dissemination, preparation, pro- ING TO INTELLIGENCE AND ANALYSIS AND IN- ized to make original classification decisions duction, receipt, publication, or otherwise FRASTRUCTURE PROTECTION.—Paragraph (3) of or derivative classification decisions may communication of classified information, section 201(d) of the Homeland Security Act consider such officer’s or employee’s con- training shall be provided at least every two of 2002 (6 U.S.C. 121(d)) is amended to read as sistent and proper classification of informa- years. Such training shall— follows: tion. (1) educate the employee, as appropriate, ‘‘(3) To integrate relevant information, (b) INSPECTOR GENERAL EVALUATIONS.— regarding— analysis, and vulnerability assessments (re- (1) REQUIREMENT FOR EVALUATIONS.—Not (A) the guidance established under sub- gardless of whether such information, anal- later than September 30, 2016, the inspector paragraph (G) of section 102A(g)(1) of the Na- ysis or assessments are provided by or pro- general of each department or agency of the tional Security Act of 1947 (50 U.S.C. 403– duced by the Department) in order to— United States with an officer or employee 1(g)(1)), as added by section 5(a)(3), regarding ‘‘(A) identify priorities for protective and who is authorized to make original classi- the formatting of finished intelligence prod- support measures regarding terrorist and fications, in consultation with the Informa- ucts; other threats to homeland security by the tion Security Oversight Office, shall carry (B) the proper use of classification mark- Department, other agencies of the Federal out no less than two evaluations of that de- ings, including portion markings that indi- Government, State, and local government partment or agency or a component of the cate the classification of portions of infor- agencies and authorities, the private sector, department or agency— mation; and and other entities; and (A) to assess whether applicable classifica- (C) any incentives and penalties related to ‘‘(B) prepare finished intelligence and in- tion policies, procedures, rules, and regula- the proper classification of intelligence in- formation products in both classified and un- tions have been adopted, followed, and effec- formation; and classified formats, as appropriate, whenever tively administered within such department, (2) ensure such training is a prerequisite, reasonably expected to be of benefit to a agency, or component; and once completed successfully, as evidenced by State, local, or tribal government (including (B) to identify policies, procedures, rules, an appropriate certificate or other record, a State, local, or tribal law enforcement regulations, or management practices that for— agency) or a private sector entity.’’. may be contributing to persistent (A) obtaining original classification au- (2) ITACG DETAIL.—Section 210D(d) of the misclassification of material within such de- thority or derivatively classifying informa- Homeland Security Act of 2002 (6 U.S.C. partment, agency or component. tion; and 124k(d)) is amended— (2) DEADLINES FOR EVALUATIONS.— (B) maintaining such authority. (A) in paragraph (5)— (A) INITIAL EVALUATIONS.—Each first eval- (b) RELATIONSHIP TO OTHER PROGRAMS.— (i) in subparagraph (D), by striking ‘‘and’’ uation required by paragraph (1) shall be The head of each Executive agency shall en- at the end; completed no later than September 30, 2013. sure that the training required by subsection (ii) by redesignating subparagraph (E) as (B) SECOND EVALUATIONS.—Each second (a) is conducted efficiently and in conjunc- subparagraph (F); and evaluation required by paragraph (1) shall re- (iii) by inserting after subparagraph (D) view progress made pursuant to the results tion with any other required security, intel- the following: of the first evaluation and shall be com- ligence, or other training programs to reduce ‘‘(E) make recommendations, as appro- pleted no later than September 30, 2016. the costs and administrative burdens associ- priate, to the Secretary or the Secretary’s (3) REPORTS.— ated with carrying out the training required designee, for the further dissemination of in- (A) REQUIREMENT.—Each inspector general by subsection (a). telligence products that could likely inform who is required to carry out an evaluation or improve the security of a State, local, or under paragraph (1) shall submit to the ap- Mr. WYDEN (for himself, tribal government, (including a State, local, propriate entities a report on each such eval- SA 4662. or tribal law enforcement agency) or a pri- uation. Mrs. MURRAY, and Mr. MERKLEY) sub- vate sector entity; and’’; (B) CONTENT.—Each report submitted mitted an amendment intended to be (B) in paragraph (6)(C), by striking ‘‘and’’ under subparagraph (A) shall include a de- proposed by him to the bill S. 3454, to at the end; scription of— authorize appropriations for fiscal year (C) in paragraph (7), by striking the period (i) the policies, procedures, rules, regula- 2011 for military activities of the De- at the end and inserting a semicolon and tions, or management practices, if any, iden- partment of Defense, for military con- ‘‘and’’; and tified by the inspector general under para- (D) by adding at the end the following: graph (1)(B); and struction, and for defense activities of ‘‘(8) compile an annual assessment of the (ii) the recommendations, if any, of the in- the Department of Energy, to prescribe ITACG Detail’s performance, including sum- spector general to address any such identi- military personnel strengths for such maries of customer feedback, in preparing, fied policies, procedures, rules, regulations, fiscal year, and for other purposes; disseminating, and requesting the dissemina- or management practices. which was ordered to lie on the table; tion of intelligence products intended for (C) COORDINATION.—The inspectors general as follows: State, local and tribal government (includ- who are required to carry out evaluations ing State, local, and tribal law enforcement under paragraph (1) shall coordinate with At the end of subtitle G of title X, add the agencies) and private sector entities; and each other and with the Information Secu- following:

VerDate Mar 15 2010 22:04 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00068 Fmt 4637 Sfmt 0634 E:\RECORD10\RECFILES\S27SE0.REC S27SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 27, 2010 CONGRESSIONAL RECORD — SENATE S7523 SEC. 1082. ANNUAL LEAVE FOR FAMILY OF DE- employee, to substitute any of the accrued after the item relating to chapter 43 the fol- PLOYED MEMBERS OF THE UNI- paid vacation leave, personal leave, or fam- lowing new item: FORMED SERVICES. ily leave of the eligible employee for leave ‘‘44. Annual Leave for Family of De- (a) IN GENERAL.—Part III of title 38, United provided under subsection (a) for any part of ployed Members of the Uniformed States Code, is amended by adding at the end the total period of such leave the eligible Services ...... 4401.’’. the following new chapter: employee is entitled to under such sub- ‘‘CHAPTER 44—ANNUAL LEAVE FOR FAM- section. SA 4663. Mr. CASEY (for Mr. AKAKA ILY OF DEPLOYED MEMBERS OF THE ‘‘(e) NOTICE FOR LEAVE.—In any case in (for himself and Mr. VOINOVICH)) pro- UNIFORMED SERVICES which an eligible employee chooses to use posed an amendment to the bill H.R. ‘‘Sec. leave under subsection (a), the eligible em- 946, to enhance citizen access to Gov- ‘‘4401. Definitions. ployee shall provide such notice to the em- ‘‘4402. Leave requirement. ployer as is reasonable and practicable. ernment information and services by establishing that Government docu- ‘‘4403. Certification. ‘‘§ 4403. Certification ‘‘4404. Employment and benefits protection. ments issued to the public must be ‘‘4405. Prohibited acts. ‘‘(a) IN GENERAL.—An employer may re- written clearly, and for other purposes; quire that a request for leave under section ‘‘4406. Enforcement. as follows: ‘‘4407. Miscellaneous provisions. 4402(a) of this title be supported by a certifi- cation of entitlement to such leave. On page 2, line 9, strike ‘‘relevant to’’ and ‘‘§ 4401. Definitions ‘‘(b) TIMELINESS OF CERTIFICATION.—An eli- insert ‘‘necessary for’’. ‘‘In this chapter: gible employee shall provide, in a timely On page 2, strike lines 21 through 25 and in- ‘‘(1) The terms ‘benefit’, ‘rights and bene- manner, a copy of the certification required sert the following: fits’, ‘employee’, ‘employer’, and ‘uniformed by subsection (a) to the employer. (3) PLAIN WRITING.—The term ‘‘plain writ- services’ have the meaning given such terms ‘‘(c) SUFFICIENT CERTIFICATION.—A copy of ing’’ means writing that is clear, concise, in section 4303 of this title. the notification, call, or order described in well-organized, and follows other best prac- ‘‘(2) The term ‘contingency operation’ has section 4402(a)(2) of this title shall be consid- tices appropriate to the subject or field and the same meaning given such term in section ered sufficient certification of entitlement intended audience. 101(a)(13) of title 10. to leave for purposes of providing certifi- On page 3, line 18, insert ‘‘as required under ‘‘(3) The term ‘eligible employee’ means an cation under this section. The Secretary paragraph (2)’’ after ‘‘website’’. individual who is— may prescribe such additional forms and ‘‘(A) a family member of a member of a manners of certification as the Secretary SA 4664. Mr. CASEY (for Mr. uniformed service; and considers appropriate for purposes of pro- LIEBERMAN) proposed an amendment to ‘‘(B) an employee of the employer with re- viding certification under this section. the bill S. 1510, to transfer statutory spect to whom leave is requested under sec- entitlements to pay and hours of work tion 4402 of this title. ‘‘§ 4404. Employment and benefits protection ‘‘(a) IN GENERAL.—An eligible employee authorized by laws codified in the Dis- ‘‘(4) The term ‘family member’ means an trict of Columbia Official Code for cur- individual who is, with respect to another in- who takes leave under section 4402 of this dividual, one of the following: title for the intended purpose of the leave rent members of the United States Se- ‘‘(A) The spouse of the other individual. shall be entitled, on return from such leave— cret Service Uniformed Division from ‘‘(B) A son or daughter of the other indi- ‘‘(1) to be restored by the employer to the such laws to the United States Code, vidual. position of employment held by the eligible and for other purposes; as follows: ‘‘(C) A parent of the other individual. employee when the leave commenced; or Strike all after the enacting clause and in- ‘‘(5) The term ‘reduced leave schedule’ ‘‘(2) to be restored to an equivalent posi- sert the following: tion with equivalent rights and benefits of means a leave schedule that reduces the SECTION 1. SHORT TITLE; PURPOSE. employment. usual number of hours per workweek, or (a) SHORT TITLE.—This Act may be cited as ‘‘(b) LOSS OF BENEFITS.—The taking of hours per workday, of an employee. the ‘‘United States Secret Service Uniformed leave under section 4402 of this title shall not ‘‘(6) The terms ‘spouse’, ‘son or daughter’, Division Modernization Act of 2010’’. result in the loss of any employment benefit and ‘parent’ have the meaning given such (b) PURPOSE.—The purpose of this Act is to accrued prior to the date on which the leave terms in section 101 of the Family and Med- transfer statutory entitlements to pay and commenced. ical Leave Act of 1993 (29 U.S.C. 2611). hours of work authorized by laws codified in ‘‘(c) LIMITATIONS.—Nothing in this section ‘‘§ 4402. Leave requirement the District of Columbia Official Code for shall be construed to entitle any restored current members of the United States Secret ‘‘(a) ENTITLEMENT TO LEAVE.—In any 12- employee to— Service Uniformed Division from such laws month period, an eligible employee shall be ‘‘(1) the accrual of any seniority or em- to the United States Code. entitled to two workweeks of leave for each ployment benefits during any period of family member of the eligible employee who, leave; or SEC. 2. HUMAN RESOURCES FOR UNITED STATES SECRET SERVICE UNIFORMED DIVI- during such 12-month period— ‘‘(2) any right, benefit, or position of em- ‘‘(1) is in the uniformed services; and SION. ployment other than any right, benefit, or (a) PAY FOR MEMBERS OF THE UNITED ‘‘(2)(A) receives notification of an impend- position to which the employee would have ing call or order to active duty in support of STATES SECRET SERVICE UNIFORMED DIVI- been entitled had the employee not taken SION.—Subpart I of part III of title 5, United a contingency operation; or the leave. ‘‘(B) is deployed in connection with a con- States Code, is amended by adding at the end tingency operation. ‘‘§ 4405. Prohibited acts the following: ‘‘(b) LEAVE TAKEN INTERMITTENTLY OR ON ‘‘(a) EXERCISE OF RIGHTS.—It shall be un- ‘‘CHAPTER 102—UNITED STATES SECRET REDUCED LEAVE SCHEDULE.—(1) Leave under lawful for any employer to interfere with, re- SERVICE UNIFORMED DIVISION PER- subsection (a) may be taken by an eligible strain, or deny the exercise of or the attempt SONNEL employee intermittently or on a reduced to exercise, any right provided under this ‘‘Sec. leave schedule as the eligible employee con- chapter. ‘‘10201. Definitions. siders appropriate. ‘‘(b) DISCRIMINATION.—It shall be unlawful ‘‘10202. Authorities. ‘‘(2) The taking of leave intermittently or for any employer to discharge or in any ‘‘10203. Basic pay. on a reduced leave schedule pursuant to this other manner discriminate against any indi- ‘‘10204. Rate of pay for original appoint- subsection shall not result in a reduction in vidual for opposing any practice made un- ments. the total amount of leave to which the eligi- lawful by this chapter. ‘‘10205. Service step adjustments. ‘‘10206. Technician positions. ble employee is entitled under subsection (a) ‘‘§ 4406. Enforcement ‘‘10207. Promotions. beyond the amount of leave actually taken. ‘‘The provisions of subchapter III of chap- AID LEAVE PERMITTED.—Leave grant- ‘‘10208. Demotions. ‘‘(c) P ter 43 of this title shall apply with respect to ed under subsection (a) may consist of paid ‘‘10209. Clothing allowances. the provisions of this chapter as if such pro- ‘‘10210. Reporting requirement. leave or unpaid leave as the employer of the visions were incorporated into and made part eligible employee considers appropriate. ‘‘§ 10201. Definitions of this chapter. ‘‘(d) RELATIONSHIP TO PAID LEAVE.—(1) If ‘‘In this chapter— an employer provides paid leave to an eligi- ‘‘§ 4407. Miscellaneous provisions ‘‘(1) the term ‘member’ means an employee ble employee for fewer than the total num- ‘‘The provisions of subchapter IV of chap- of the United States Secret Service Uni- ber of workweeks of leave that the eligible ter 43 of this title shall apply with respect to formed Division having the authorities de- employee is entitled to under subsection (a), the provisions of this chapter as if such pro- scribed under section 3056A(b) of title 18; the additional amount of leave necessary to visions were incorporated into and made part ‘‘(2) the term ‘Secretary’ means the Sec- attain the total number of workweeks of of this chapter.’’. retary of the Department of Homeland Secu- leave required under subsection (a) may be (b) CLERICAL AMENDMENTS.—The table of rity; and provided without compensation. chapters at the beginning of title 38, United ‘‘(3) the term ‘United States Secret Service ‘‘(2) An eligible employee may elect, and States Code, and at the beginning of part III Uniformed Division’ has the meaning given an employer may not require the eligible of such title, are each amended by inserting that term under section 3056A of title 18.

VerDate Mar 15 2010 22:04 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00069 Fmt 4637 Sfmt 0634 E:\RECORD10\RECFILES\S27SE0.REC S27SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7524 CONGRESSIONAL RECORD — SENATE September 27, 2010 ‘‘§ 10202. Authorities ‘‘(4) determine the rate of basic pay of a ‘‘§ 10203. Basic pay ‘‘(a) IN GENERAL.—The Secretary is author- member who is changed or demoted to a ‘‘(a) IN GENERAL.—The annual rates of ized to— lower rank, in accordance with section 10208. ‘‘(1) fix and adjust rates of basic pay for basic pay of members of the United States ‘‘(b) DELEGATION OF AUTHORITY.—The Sec- members of the United States Secret Service Secret Service Uniformed Division shall be retary is authorized to delegate to the des- Uniformed Division, subject to the require- fixed in accordance with the following sched- ments of this chapter; ignated agent or agents of the Secretary, ule of rates, except that the payable annual ‘‘(2) determine what constitutes an accept- any power or function vested in the Sec- rate of basic pay for positions at the Lieu- able level of competence for the purposes of retary under in this chapter. tenant, Captain, and Inspector ranks is lim- section 10205; ‘‘(c) REGULATIONS.—The Secretary may ited to 95 percent of the rate of pay for level ‘‘(3) establish and determine the positions prescribe such regulations as may be nec- V of the Executive Schedule under sub- at the Officer and Sergeant ranks to be in- essary to administer this chapter. chapter II of chapter 53. cluded as technician positions; and

‘‘Rank Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10 Step 11 Step 12 Step 13

Officer ...... $44,000 $46,640 $49,280 $51,920 $54,560 $57,200 $59,840 $62,480 $65,120 $67,760 $70,400 $73,040 $75,680 Sergeant ...... 59,708 62,744 65,780 68,816 71,852 74,888 77,924 80,960 83,996 87,032 Lieutenant ...... 69,018 72,358 75,698 79,038 82,378 85,718 89,058 92,398 95,738 Captain ...... 79,594 83,268 86,942 90,616 94,290 97,964 101,638 105,312 Inspector ...... 91,533 95,758 99,983 104,208 108,433 112,658 116,883 121,108 Deputy Chief ...... The rate of basic pay for Deputy Chief positions will be equal to 95 percent of the rate of pay for level V of the Executive Schedule. Assistant Chief ...... The rate of basic pay the Assistant Chief position will be equal to 95 percent of the rate of pay for level V of the Executive Schedule. Chief ...... The rate of basic pay the Chief position will be equal to the rate of pay for level V of the Executive Schedule.

‘‘(b) SCHEDULE ADJUSTMENT.— ‘‘(b) ADJUSTMENTS.—Each member whose ‘‘§ 10207. Promotions ‘‘(1)(A) Effective at the beginning of the current performance is at an acceptable level ‘‘(a) IN GENERAL.—Each member who is first pay period commencing on or after the of competence shall have a service step ad- promoted to a higher rank shall receive basic first day of the month in which an adjust- justment as follows: pay at the same step at which such member ment in the rates of basic pay under the Gen- ‘‘(1) Each member in service step 1, 2, or 3 was being compensated prior to the date of eral Schedule takes effect under section 5303 shall be advanced successively to the next the promotion. or other authority, the schedule of annual higher service step at the beginning of the ‘‘(b) CREDIT FOR SERVICE.—For the pur- rates of basic pay of members (except the first pay period immediately following the poses of a service step adjustment under sec- Deputy Chiefs, Assistant Chief and Chief) completion of 52 calendar weeks of active tion 10205, periods of service at the lower shall be adjusted by the Secretary by a per- service in the member’s service step. rank shall be credited in the same manner as centage amount corresponding to the per- ‘‘(2) Each member in service step 4, 5, 6, 7, if it was service at the rank to which the em- centage adjustment made in the rates of pay 8, 9, 10, or 11 shall be advanced successively ployee is promoted. under the General Schedule. to the next higher service step at the begin- ‘‘§ 10208. Demotions ‘‘(B) The Secretary may establish a meth- ning of the first pay period immediately fol- ‘‘When a member is changed or demoted odology of schedule adjustment that— lowing the completion of 104 calendar weeks from any rank to a lower rank, the Sec- ‘‘(i) results in uniform fixed-dollar step in- of active service in the member’s service retary may fix the member’s rate of basic crements within any given rank; and step. pay at the rate of pay for any step in the ‘‘(ii) preserves the established percentage ‘‘(3) Each member in service step 12 shall lower rank which does not exceed the lowest differences among rates of different ranks at be advanced successively to the next higher step in the lower rank for which the rate of the same step position. service step at the beginning of the first pay basic pay is equal to or greater than the ‘‘(2) Notwithstanding paragraph (1), the period immediately following the completion member’s existing rate of basic pay. payable annual rate of basic pay for posi- of 156 calendar weeks of active service in the tions at the Lieutenant, Captain, and Inspec- member’s service step. ‘‘§ 10209. Clothing allowances tor ranks after adjustment under paragraph ‘‘§ 10206. Technician positions ‘‘(a) IN GENERAL.—In addition to the bene- (1) may not exceed 95 percent of the rate of fits provided under section 5901, the Director ‘‘(a) IN GENERAL.—(1) Each member whose of the United States Secret Service or the pay for level V of the Executive Schedule position is determined under section designee of the Director is authorized to pro- under subchapter II of chapter 53. 10202(a)(3) to be included as a technician po- vide a clothing allowance to a member as- ‘‘(3) Locality-based comparability pay- sition shall, on or after such date, receive, in signed to perform duties in normal business ments authorized under section 5304 shall be addition to the member’s scheduled rate of or work attire purchased at the discretion of applicable to the basic pay for all ranks basic pay, an amount equal to 6 percent of the employee. Such clothing allowance shall under this section, except locality-based the sum of such member’s rate of basic pay not to be treated as part of the member’s comparability payments may not be paid at and the applicable locality-based com- basic pay for any purpose (including retire- a rate which, when added to the rate of basic parability payment. ment purposes) and shall not be used for the pay otherwise payable to the member, would ‘‘(2) A member described in this subsection purpose of computing the member’s overtime cause the total to exceed the rate of basic shall receive the additional compensation pay, pay during leave or other paid time off, pay payable for level IV of the Executive authorized by this subsection until such lump-sum payments under section 5551 or Schedule. time as the member’s position is determined section 5552, workers’ compensation, or any ‘‘§ 10204. Rate of pay for original appoint- under section 10202(a)(3) not to be a techni- other benefit. Such allowance for any mem- ments cian position, or until the member no longer ber may be discontinued at any time upon ‘‘(a) IN GENERAL.—Except as provided in occupies such position, whichever occurs written notification by the Director of the subsection (b), all original appointments first. United States Secret Service or the designee shall be made at the minimum rate of basic ‘‘(3) The additional compensation author- of the Director. pay for the Officer rank set forth in the ized by this subsection shall be paid to a ‘‘(b) MAXIMUM AMOUNT AUTHORIZED.—A schedule in section 10203. member in the same manner and at the same clothing allowance authorized under this ‘‘(b) EXCEPTION FOR SUPERIOR QUALIFICA- time as the member’s basic pay is paid. section shall not exceed $500 per annum. TIONS OR SPECIAL NEED.—The Director of the ‘‘(b) EXCEPTIONS.—(1) Except as provided in United States Secret Service or the designee paragraph (2), the additional compensation ‘‘§ 10210. Reporting requirement of the Director may appoint an individual at authorized by subsection (a)(1) shall be con- ‘‘Not later than 3 years after the date of a rate above the minimum rate of basic pay sidered as basic pay for all purposes, includ- the enactment of this chapter, the Secretary for the Officer rank based on the individual’s ing section 8401(4). shall prepare and transmit to Congress a re- superior qualifications or a special need of ‘‘(2) The additional compensation author- port on the operation of this chapter. The re- the Government for the individual’s services. ized by subsection (a)(1) shall not be consid- port shall include— ‘‘§ 10205. Service step adjustments ered as basic pay for the purposes of— ‘‘(1) an assessment of the effectiveness of ‘‘(a) DEFINITION.—In this section, the term ‘‘(A) section 5304; or this chapter with respect to efforts of the ‘calendar week of active service’ includes all ‘‘(B) section 7511(a)(4). Secretary to recruit and retain well-quali- periods of leave with pay or other paid time ‘‘(3) The loss of the additional compensa- fied personnel; and off, and periods of non-pay status which do tion authorized by subsection (a)(1) shall not ‘‘(2) recommendations for any legislation not cumulatively equal one 40-hour work- constitute an adverse action for the purposes or administrative action which the Sec- week. of section 7512. retary considers appropriate.’’.

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(b) ANNUAL LEAVE LIMITATION FOR MEM- Step As- (1) SALARY INCREASES FOR PURPOSES OF BERS IN THE DEPUTY CHIEF, ASSISTANT CHIEF, Full Years of Creditable CERTAIN PENSIONS AND ALLOWANCES.—For Service signed Upon AND CHIEF RANKS.—Section 6304(f)(1) of title Conversion purposes of section 3 of the Act entitled ‘‘An 5, United States Code, is amended— Act to provide increased pensions for widows (1) in subparagraph (F), by striking ‘‘or’’ 17 11 and children of deceased members of the Po- after the semicolon; lice Department and the Fire Department of (2) in subparagraph (G), by striking the pe- 19 12 the District of Columbia’’, approved August riod and inserting ‘‘; or’’; and 4, 1949 (sec. 5–744, D.C. Official Code) and sec- (3) by adding at the end the following: 22 13 tion 301 of the District of Columbia Police ‘‘(H) a position in the United States Secret and Firemen’s Salary Act of 1953 (sec. 5–745, Service Uniformed Division at the rank of (ii) CREDITABLE SERVICE.—For the purposes D.C. Official Code)— Deputy Chief, Assistant Chief, or Chief.’’. of this subsection, a member’s creditable (A) the conversion of positions and mem- (c) SICK LEAVE FOR WORK-RELATED INJU- service is any police service in pay status bers of the United States Secret Service Uni- RIES AND ILLNESSES.—Section 6324 of title 5, with the United States Secret Service Uni- formed Division to appropriate ranks in the United States Code, is amended— formed Division, the United States Park Po- salary schedule set forth in this Act and the (1) in subsection (a), by striking ‘‘Execu- lice, or the District of Columbia Metropoli- amendments made by this Act shall not be tive Protective Service force’’ and inserting tan Police Department. treated as an increase in the salary of indi- ‘‘United States Secret Service Uniformed Di- (iii) STEP 13 CONVERSION MAXIMUM RATE.— viduals who are members of the United vision’’; (I) IN GENERAL.—A member who, at the States Secret Service Uniformed Division on (2) in subsection (b)(3), by striking ‘‘the time of conversion, is in step 13 of any rank the date of the enactment of this Act; and Treasury for the Executive Protective Serv- below Deputy Chief, is entitled to that rate (B) any adjustment of rates of basic pay of ice force’’ and inserting ‘‘Homeland Security of basic pay which is the greater of— those positions and individuals in accordance for the United States Secret Service Uni- (aa) the rate of pay for step 13 under the with this Act and the amendments made by formed Division’’; and new salary schedule; or this Act which is made after such conversion (3) by adding at the end the following: (bb) the rate of pay for step 14 under the shall be treated as an increase in the salary ‘‘(c) This section shall not apply to mem- pay schedule in effect immediately before of individuals who are members of the bers of the United States Secret Service Uni- United States Secret Service Uniformed Di- formed Division who are covered under chap- conversion. (II) STEP 14 RATE.—Clause (iv) shall apply vision on the date of the enactment of this ter 84 for the purpose of retirement bene- Act. fits.’’. to a member whose pay is set in accordance with subclause (I)(bb). (2) TREATMENT OF RETIREMENT BENEFITS SEC. 3. MISCELLANEOUS PROVISIONS. (iv) ADJUSTMENT BASED ON FORMER RATE OF AND PENSIONS OF CURRENT AND FORMER MEM- (a) CONVERSION TO NEW SALARY SCHED- PAY BERS.—Except as otherwise provided in this ULE.— .— (I) DEFINITION.—In this clause, the term Act, nothing in this Act shall affect retire- (1) IN GENERAL.— ment benefits and pensions of current mem- (A) RATES OF PAY FIXED.—Effective the ‘‘former rate of basic pay’’ means the rate of basic pay last received by a member before bers and former members who have retired first day of the first pay period which begins under the District of Columbia Police and after the date of the enactment of this Act, the conversion. (II) IN GENERAL.—If, as a result of conver- Firefighters’ Retirement and Disability Sys- the Secretary shall fix the rates of basic pay tem. for members of the United States Secret sion to the new salary schedule, the mem- ber’s former rate of basic pay is greater than SEC. 4. TECHNICAL AND CONFORMING AMEND- Service Uniformed Division, as defined under MENTS. section 10201 of title 5, United States Code, the maximum rate of basic pay payable for the rank of the member’s position imme- (a) IN GENERAL.—To the extent that any (as added by section 2(a)) in accordance with provision of any law codified in the District the provisions of this subsection. diately after the conversion, the member is entitled to basic pay at a rate equal to the of Columbia Official Code that authorizes an (B) RATE BASED ON CREDITABLE SERVICE.— entitlement to pay or hours of work for cur- member’s former rate of basic pay, and in- (i) IN GENERAL.—Each member shall be rent members of the United States Secret creased at the time of any increase in the placed in and receive basic pay at the cor- Service Uniformed Division is not expressly maximum rate of basic pay payable for the responding scheduled rate under chapter 102 revoked by this Act, such provision shall not rank of the member’s position by 50 percent of title 5, United States Code, as added by apply to such members after the effective section 2(a) (after any adjustment under of the dollar amount of each such increase. date of this Act. paragraph (3) of this subsection) in accord- (III) PROMOTIONS.—For the purpose of ap- (b) TECHNICAL AND CONFORMING AMEND- ance with the member’s total years of cred- plying section 10207 of title 5, United States MENTS TO LAWS CODIFIED IN DISTRICT OF CO- itable service, as provided in the table in this Code, relating to promotions, (as added by LUMBIA OFFICIAL CODE.—The following laws clause. If the scheduled rate of basic pay for section 2(a)) an employee receiving a rate codified in the District of Columbia Official the step to which the member would be as- above the maximum rate as provided under Code are amended as follows: signed in accordance with this paragraph is this clause shall be deemed to be at step 13. (1) The Act entitled ‘‘An Act to provide for lower than the member’s rate of basic pay (2) CREDIT FOR SERVICE.—Each member granting to officers and members of the Met- immediately before the date of enactment of whose position is converted to the salary ropolitan Police force, the Fire Department this paragraph, the member shall be placed schedule under chapter 102 of title 5, United of the District of Columbia, and the White in and receive basic pay at the next higher States Code, (as added by section 2(a)) in ac- House and United States Park Police forces service step, subject to the provisions of cordance with this subsection shall be grant- additional compensation for working on clause (iv). If the member’s rate of pay ex- ed credit for purposes of such member’s first holidays’’, approved October 24, 1951, is ceeds the highest step of the rank, the rate service step adjustment made after conver- amended— of basic pay shall be determined in accord- sion to the salary schedule under that chap- (A) in the second sentence of section 1 (sec. ance with clause (iv). ter for all satisfactory service performed by 5–521.01, D.C. Official Code), by striking ‘‘the the member since the member’s last increase Fire Department of the District of Colum- Step As- in basic pay before the adjustment under bia,’’ and all that follows through ‘‘and the Full Years of Creditable this section. Service signed Upon United States Park Police Force’’ and insert- Conversion (3) ADJUSTMENTS DURING TRANSITION.—The ing ‘‘the Fire Department of the District of schedule of rates of basic pay shall be in- Columbia, and the United States Park Police 0 1 creased by the percentage of any annual ad- Force’’; justment applicable to the General Schedule (B) in section 2 (sec. 5–521.02, D.C. Official 1 2 authorized under section 5303 of title 5, Code), by striking ‘‘and with respect’’ and all United States Code, or any other authority, that follows through ‘‘United States Park 2 3 which takes effect during the period begin- Police force’’ and inserting ‘‘and with re- ning on January 1, 2010, through the last day spect to officers and members of the United 3 4 of the last pay period preceding the first pay States Park Police force’’; and period which begins after the date of the en- 5 5 (C) in section 3 (sec. 5–521.03, D.C. Official actment of this Act. The Secretary of Home- Code), by striking ‘‘shall be applicable’’ and land Security may establish a methodology 7 6 all that follows and inserting the following: of schedule adjustment that results in uni- ‘‘shall be applicable to the United States form fixed-dollar step increments within any 9 7 Park Police force under regulations promul- given rank and preserves the established per- gated by the Secretary of the Interior.’’. 11 8 centage differences among rates of different (2) The District of Columbia Police and ranks at the same step position. Firemen’s Salary Act of 1958 is amended as 13 9 (b) IMPACT ON BENEFITS UNDER THE DIS- follows: TRICT OF COLUMBIA POLICE AND FIRE- (A) In section 202 (sec. 5–542.02, D.C. Offi- 15 10 FIGHTERS’ RETIREMENT AND DISABILITY SYS- cial Code), by striking ‘‘United States Secret TEM.— Service Uniformed Division,’’.

VerDate Mar 15 2010 22:04 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00071 Fmt 4637 Sfmt 0634 E:\RECORD10\RECFILES\S27SE0.REC S27SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7526 CONGRESSIONAL RECORD — SENATE September 27, 2010 (B) In section 301(b) (sec. 5–543.01(b), D.C. (ii) by striking ‘‘, and the Secretary of the TITLE III—GENERAL INTELLIGENCE Official Code), by striking ‘‘the United Treasury in the case of the United States Se- COMMUNITY MATTERS States Secret Service Uniformed Division,’’. cret Service Uniformed Division’’; Subtitle A—Personnel Matters (C) In section 302 (sec. 5–543.02, D.C. Official (B) in subsection (a)(9)— Sec. 301. Increase in employee compensation Code)— (i) by inserting ‘‘or’’ before ‘‘the United and benefits authorized by law. (i) in subsection (a), by striking ‘‘the Sec- States Park Police force’’; and Sec. 302. Enhanced flexibility in nonreim- retary of Treasury, in the case of the United (ii) by striking ‘‘or the United States Se- bursable details to elements of States Secret Service Uniformed Division,’’; cret Service Uniformed Division’’; the intelligence community. (ii) in subsection (b), by striking ‘‘the (C) in subsection (b)— Sec. 303. Pay authority for critical posi- United States Secret Service Uniformed Di- (i) by inserting ‘‘or’’ before ‘‘the Secretary tions. vision or’’; and of the Interior’’; and Sec. 304. Award of rank to members of the (iii) in subsection (e), by striking ‘‘the (ii) by striking ‘‘or the Secretary of the Senior National Intelligence United States Secret Service Uniformed Di- Treasury,’’; Service. vision or’’. (D) in subsection (h)(3)(A), by striking ‘‘of Sec. 305. Annual personnel level assessments (D) In section 303(a)(5) (sec. 5–543.03(a)(5), the United States Secret Service Uniformed for the intelligence community. D.C. Official Code), by striking ‘‘the United Division or’’; and Sec. 306. Temporary personnel authoriza- States Secret Service Uniformed Division (E) in subsection (h)(3)(B), by striking ‘‘of tions for critical language and’’. the United States Secret Service Uniformed training. Sec. 307. Conflict of interest regulations for (E) In section 304(d)(1) (sec. 5–543.04(d)(1)), Division or’’. intelligence community em- by striking ‘‘the United States Secret Serv- (7) Section 117(a) of the District of Colum- bia Police and Firemen’s Salary Act Amend- ployees. ice Uniformed Division or’’. ments of 1972 (sec. 5–1305, D.C. Official Code) (F) In section 305 (sec. 5–543.05, D.C. Official Subtitle B—Education Programs is amended— Code)— Sec. 311. Permanent authorization for the (A) by striking ‘‘the Fire Department of (i) by striking ‘‘the United States Secret Pat Roberts Intelligence Schol- the District of Columbia,’’ and all that fol- Service Uniformed Division,’’; and ars Program. lows through ‘‘or the United States Park Po- (ii) by striking ‘‘or the Secretary of the Sec. 312. Modifications to the Louis Stokes lice force’’ and inserting ‘‘the Fire Depart- Treasury,’’. Educational Scholarship Pro- ment of the District of Columbia, or the (G) In section 501 (sec. 5–545.01, D.C. Offi- gram. United States Park Police force’’; and cial Code)— Sec. 313. Intelligence officer training pro- (B) by striking ‘‘, the Secretary of the gram. (i) in subsection (a), by striking ‘‘and the Treasury,’’. Sec. 314. Pilot program for intensive lan- United States Secret Service Uniformed Di- (c) TECHNICAL AND CONFORMING AMEND- guage instruction in African vision’’; MENTS TO THE UNITED STATES CODE.—Title 5 languages. (ii) in subsection (c)(1)— of the United States Code is amended— Subtitle C—Acquisition Matters (I) by striking ‘‘the United States Secret (1) in section 5102(c)(5), by striking ‘‘the Sec. 321. Vulnerability assessments of major Service Uniformed Division and’’; and Executive Protective Service’’ and inserting systems. (II) in the schedule set forth in such sub- ‘‘the United States Secret Service Uniformed section, by striking ‘‘United States Secret Sec. 322. Intelligence community business Division’’; system transformation. Service Uniformed Division’’; (2) in section 5541(2)(iv)(II), by striking ‘‘a (iii) in subsection (c)(2), by striking ‘‘the Sec. 323. Reports on the acquisition of major member of the United States Secret Service systems. annual rates of basic compensation’’ and all Uniformed Division,’’; and Sec. 324. Critical cost growth in major sys- that follows through ‘‘the Secretary of the (3) in the table of chapters for subpart I of tems. Treasury, and’’; part III by adding at the end the following: Sec. 325. Future budget projections. (iv) in subsection (c)(5), by striking ‘‘offi- ‘‘102. United States Secret Service Sec. 326. National Intelligence Program cers and members of the United States Se- Uniformed Division Personnel ..... 10201’’. funded acquisitions. cret Service Uniformed Division or’’; SEC. 5. EFFECTIVE DATE. Subtitle D—Congressional Oversight, Plans, (v) in subsection (c)(6)(A), by striking ‘‘the This Act and the amendments made by and Reports United States Secret Service Uniformed Di- this Act shall take effect on the first day of vision or’’; and Sec. 331. Notification procedures. the first pay period which begins after the Sec. 332. Certification of compliance with (vi) in subsection (c)(7)(A), by striking date of the enactment of this Act. oversight requirements. ‘‘the United States Secret Service Uniformed Sec. 333. Report on detention and interroga- Division or’’. SA 4665. Mr. CASEY (for Mrs. FEIN- tion activities. (H) In section 506 (sec. 5–545.06, D.C. Offi- STEIN (for herself and Mr. BOND)) pro- Sec. 334. Summary of intelligence relating cial Code), by striking ‘‘, the Secretary of posed an amendment to the bill H.R. to terrorist recidivism of de- the Treasury,’’. tainees held at United States (3) Section 118 of the Treasury and General 2701, to authorize appropriations for fiscal year 2010 for intelligence and in- Naval Station, Guantanamo Government Appropriations Act, 1998, is Bay, Cuba. amended by striking subsection (b) (sec. 5– telligence-related activities of the Sec. 335. Report and strategic plan on bio- 561.01, D.C. Official Code). United States Government, the Com- logical weapons. (4) Section 905(a)(1) of the Law Enforce- munity Management Account, and the Sec. 336. Cybersecurity oversight. ment Pay Equity Act of 2000 (Public Law 106– Central Intelligence Agency Retire- Sec. 337. Report on foreign language pro- 554; sec. 5–561.02(a)(1), D.C. Official Code) is ment and Disability System, and for ficiency in the intelligence amended by striking ‘‘the Secretary of other purposes; as follows: community. Treasury’’ and all that follows through Sec. 338. Report on plans to increase diver- Strike all after the enacting clause and in- ‘‘United States Secret Service Uniformed Di- sity within the intelligence sert the following: vision, and’’. community. (5) Subsection (k)(2)(B) of the Policemen SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Sec. 339. Report on intelligence community and Firemen’s Retirement and Disability (a) SHORT TITLE.—This Act may be cited as contractors. Act (sec. 5–716(b)(2), D.C. Official Code) is the ‘‘Intelligence Authorization Act for Fis- Sec. 340. Study on electronic waste destruc- amended by inserting ‘‘, or, for a member cal Year 2010’’. tion practices of the intel- (b) TABLE OF CONTENTS.—The table of con- who was an officer or member of the United ligence community. tents for this Act is as follows: Sec. 341. Review of records relating to po- States Secret Service Uniformed Division, or tential health risks among the United States Secret Service Division, 40 Sec. 1. Short title; table of contents. Desert Storm veterans. percent of the corresponding salary for step Sec. 2. Definitions. Sec. 342. Review of Federal Bureau of Inves- 5 of the Officer rank in section 10203 of title TITLE I—BUDGET AND PERSONNEL AUTHORIZATIONS tigation exercise of enforce- 5, United States Code’’ after ‘‘member’s ment jurisdiction in foreign na- death’’. Sec. 101. Authorization of appropriations. Sec. 102. Restriction on conduct of intel- tions. (6) Section 1 of the Act entitled ‘‘An Act to Sec. 343. Public release of information on provide a 5-day week for officers and mem- ligence activities. Sec. 103. Budgetary provisions. procedures used in narcotics bers of the Metropolitan Police force, the airbridge denial program in United States Park Police force, and the TITLE II—CENTRAL INTELLIGENCE Peru. White House Police force, and for other pur- AGENCY RETIREMENT AND DIS- Sec. 344. Report on threat from dirty bombs. poses’’, approved August 15, 1950 (sec. 5–1304, ABILITY SYSTEM Sec. 345. Report on creation of space intel- D.C. Official Code), is amended— Sec. 201. Technical modification to manda- ligence office. (A) in subsection (a)(1)— tory retirement provision of Sec. 346. Report on attempt to detonate ex- (i) by inserting ‘‘and’’ before ‘‘the Sec- the Central Intelligence Agency plosive device on Northwest retary of the Interior’’; and Retirement Act. Airlines flight 253.

VerDate Mar 15 2010 22:04 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00072 Fmt 4637 Sfmt 0655 E:\RECORD10\RECFILES\S27SE0.REC S27SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 27, 2010 CONGRESSIONAL RECORD — SENATE S7527 Sec. 347. Repeal or modification of certain Sec. 422. Appeals from decisions involving Sec. 806. Technical amendments to the In- reporting requirements. contracts of the Central Intel- telligence Reform and Ter- Sec. 348. Information access by the Comp- ligence Agency. rorism Prevention Act of 2004. troller General of the United Sec. 423. Deputy Director of the Central In- Sec. 807. Technical amendments to the Ex- States. telligence Agency. ecutive Schedule. Sec. 349. Conforming amendments for report Sec. 424. Authority to authorize travel on a Sec. 808. Technical amendments to section submission dates. common carrier. 105 of the Intelligence Author- Subtitle E—Other Matters Sec. 425. Inspector General for the Central ization Act for Fiscal Year 2004. Intelligence Agency. Sec. 809. Technical amendments to section Sec. 361. Extension of authority to delete in- Sec. 426. Budget of the Inspector General for 602 of the Intelligence Author- formation about receipt and the Central Intelligence Agen- ization Act for Fiscal Year 1995. disposition of foreign gifts and cy. decorations. Sec. 427. Public availability of unclassified Sec. 810. Technical amendments to section Sec. 362. Modification of availability of versions of certain intelligence 403 of the Intelligence Author- funds for different intelligence products. ization Act, Fiscal Year 1992. activities. Subtitle C—Defense Intelligence Components SEC. 2. DEFINITIONS. Sec. 363. Protection of certain national secu- In this Act: rity information. Sec. 431. Inspector general matters. Sec. 432. Clarification of national security (1) CONGRESSIONAL INTELLIGENCE COMMIT- Sec. 364. National Intelligence Program missions of National TEES.—The term ‘‘congressional intelligence budget. Geospatial-Intelligence Agency committees’’ means— Sec. 365. Improving the review authority of for analysis and dissemination (A) the Select Committee on Intelligence the Public Interest Declas- of certain intelligence informa- of the Senate; and sification Board. (B) the Permanent Select Committee on Sec. 366. Authority to designate undercover tion. Sec. 433. Director of Compliance of the Na- Intelligence of the House of Representatives. operations to collect foreign in- tional Security Agency. (2) INTELLIGENCE COMMUNITY.—The term telligence or counterintel- Subtitle D—Other Elements ‘‘intelligence community’’ has the meaning ligence. given that term in section 3(4) of the Na- Sec. 441. Codification of additional elements Sec. 367. Security clearances: reports; reci- tional Security Act of 1947 (50 U.S.C. 401a(4)). procity. of the intelligence community. Sec. 368. Correcting long-standing material Sec. 442. Authorization of appropriations for TITLE I—BUDGET AND PERSONNEL weaknesses. Coast Guard National Tactical AUTHORIZATIONS Sec. 369. Intelligence community financial Integration Office. SEC. 101. AUTHORIZATION OF APPROPRIATIONS. Sec. 443. Retention and relocation bonuses improvement and audit readi- For the purposes of section 504 of the Na- for the Federal Bureau of Inves- ness. tional Security Act of 1947 (50 U.S.C. 414), ap- tigation. propriated funds available to an intelligence TITLE IV—MATTERS RELATING TO ELE- Sec. 444. Extension of the authority of the agency may be obligated or expended for an MENTS OF THE INTELLIGENCE COMMU- Federal Bureau of Investigation intelligence or intelligence-related activity NITY to waive mandatory retirement as appropriated for fiscal year 2010, as modi- Subtitle A—Office of the Director of provisions. National Intelligence Sec. 445. Report and assessments on trans- fied by such reprogramming and transfers of funds authorized by and reported to the ap- Sec. 401. Accountability reviews by the Di- formation of the intelligence propriate congressional committees. rector of National Intelligence. capabilities of the Federal Bu- Sec. 402. Authorities for intelligence infor- reau of Investigation. SEC. 102. RESTRICTION ON CONDUCT OF INTEL- mation sharing. TITLE V—REORGANIZATION OF THE DIP- LIGENCE ACTIVITIES. Sec. 403. Location of the Office of the Direc- LOMATIC TELECOMMUNICATIONS The authorization of appropriations by tor of National Intelligence. SERVICE PROGRAM OFFICE this Act shall not be deemed to constitute authority for the conduct of any intelligence Sec. 404. Title and appointment of Chief In- Sec. 501. Reorganization of the Diplomatic activity that is not otherwise authorized by formation Officer of the Intel- Telecommunications Service the Constitution or the laws of the United ligence Community. Program Office. Sec. 405. Inspector General of the Intel- States. TITLE VI—FOREIGN INTELLIGENCE AND ligence Community. SEC. 103. BUDGETARY PROVISIONS. INFORMATION COMMISSION ACT Sec. 406. Chief Financial Officer of the Intel- The budgetary effects of this Act, for the Sec. 601. Short title. ligence Community. purpose of complying with the Statutory Sec. 407. Leadership and location of certain Sec. 602. Definitions. Sec. 603. Establishment and functions of the Pay-As-You-Go-Act of 2010, shall be deter- offices and officials. Commission. mined by reference to the latest statement Sec. 408. Protection of certain files of the Sec. 604. Members and staff of the Commis- titled ‘‘Budgetary Effects of PAYGO Legisla- Office of the Director of Na- sion. tion’’ for this Act, submitted for printing in tional Intelligence. Sec. 605. Powers and duties of the Commis- the Congressional Record by the Chairman of Sec. 409. Counterintelligence initiatives for sion. the Senate Budget Committee, provided that the intelligence community. Sec. 606. Report of the Commission. such statement has been submitted prior to Sec. 410. Inapplicability of Federal Advisory Sec. 607. Termination. the vote on passage. Committee Act to advisory Sec. 608. Nonapplicability of Federal Advi- TITLE II—CENTRAL INTELLIGENCE AGEN- committees of the Office of the sory Committee Act. CY RETIREMENT AND DISABILITY SYS- Director of National Intel- Sec. 609. Authorization of appropriations. TEM ligence. TITLE VII—OTHER MATTERS Sec. 411. Membership of the Director of Na- SEC. 201. TECHNICAL MODIFICATION TO MANDA- Sec. 701. Extension of National Commission tional Intelligence on the TORY RETIREMENT PROVISION OF for the Review of the Research Transportation Security Over- THE CENTRAL INTELLIGENCE AGEN- and Development Programs of CY RETIREMENT ACT. sight Board. the United States Intelligence Sec. 412. Repeal of certain authorities relat- Subparagraph (A) of section 235(b)(1) of the Community. ing to the Office of the National Central Intelligence Agency Retirement Act Sec. 702. Classification review of executive (50 U.S.C. 2055(b)(1)) is amended by striking Counterintelligence Executive. branch materials in the posses- Sec. 413. Misuse of the Office of the Director ‘‘receiving compensation under the Senior sion of the congressional intel- Intelligence Service pay schedule at the of National Intelligence name, ligence committees. initials, or seal. rate’’ and inserting ‘‘who is at the Senior In- Sec. 414. Plan to implement recommenda- TITLE VIII—TECHNICAL AMENDMENTS telligence Service rank’’. tions of the data center energy Sec. 801. Technical amendments to the For- TITLE III—GENERAL INTELLIGENCE efficiency reports. eign Intelligence Surveillance COMMUNITY MATTERS Act of 1978. Sec. 415. Director of National Intelligence Subtitle A—Personnel Matters support for reviews of Inter- Sec. 802. Technical amendments to the Cen- national Traffic in Arms Regu- tral Intelligence Agency Act of SEC. 301. INCREASE IN EMPLOYEE COMPENSA- 1949. TION AND BENEFITS AUTHORIZED lations and Export Administra- BY LAW. tion Regulations. Sec. 803. Technical amendments to title 10, United States Code. Appropriations authorized by this Act for Subtitle B—Central Intelligence Agency Sec. 804. Technical amendments to the Na- salary, pay, retirement, and other benefits Sec. 421. Additional functions and authori- tional Security Act of 1947. for Federal employees may be increased by ties for protective personnel of Sec. 805. Technical amendments relating to such additional or supplemental amounts as the Central Intelligence Agen- the multiyear National Intel- may be necessary for increases in such com- cy. ligence Program. pensation or benefits authorized by law.

VerDate Mar 15 2010 22:04 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00073 Fmt 4637 Sfmt 0634 E:\RECORD10\RECFILES\S27SE0.REC S27SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7528 CONGRESSIONAL RECORD — SENATE September 27, 2010 SEC. 302. ENHANCED FLEXIBILITY IN NONREIM- ‘‘(6)(A) The Director of National Intel- of full-time equivalent positions of the cur- BURSABLE DETAILS TO ELEMENTS ligence shall notify the congressional intel- rent fiscal year. OF THE INTELLIGENCE COMMUNITY. ligence committees not later than 30 days ‘‘(6) The numerical and percentage in- (a) IN GENERAL.—Title I of the National Se- after the date on which the Director grants crease or decrease of the number referred to curity Act of 1947 (50 U.S.C. 402 et seq.) is authority to the head of a department or in paragraph (4) as compared to the number amended by inserting after section 113 the agency under this subsection. of full-time equivalent positions during the following new section: ‘‘(B) The head of a department or agency prior 5 fiscal years. ‘‘DETAIL OF OTHER PERSONNEL to which the Director of National Intel- ‘‘(7) The best estimate of the number and ‘‘SEC. 113A. Except as provided in section ligence grants authority under this sub- costs of core contract personnel to be funded 904(g)(2) of the Counterintelligence Enhance- section shall notify the congressional intel- by the element for the upcoming fiscal year. ment Act of 2002 (50 U.S.C. 402c(g)(2)) and ligence committees and the Director of the ‘‘(8) The numerical and percentage in- section 113 of this Act, and notwithstanding exercise of such authority not later than 30 crease or decrease of such costs of core con- any other provision of law, an officer or em- days after the date on which such head exer- tract personnel as compared to the best esti- ployee of the United States or member of the cises such authority.’’. mate of the costs of core contract personnel Armed Forces may be detailed to the staff of SEC. 304. AWARD OF RANK TO MEMBERS OF THE of the current fiscal year. an element of the intelligence community SENIOR NATIONAL INTELLIGENCE ‘‘(9) The numerical and percentage in- funded through the National Intelligence SERVICE. crease or decrease of such number and such Program from another element of the intel- Section 102A of the National Security Act costs of core contract personnel as compared ligence community or from another element of 1947 (50 U.S.C. 403–1), as amended by sec- to the number and cost of core contract per- of the United States Government on a reim- tion 303 of this Act, is further amended by sonnel during the prior 5 fiscal years. bursable or nonreimbursable basis, as jointly adding at the end the following new sub- ‘‘(10) A justification for the requested per- agreed to by the head of the receiving ele- section: sonnel and core contract personnel levels. ment and the head of the detailing element, ‘‘(t) AWARD OF RANK TO MEMBERS OF THE ‘‘(11) The best estimate of the number of for a period not to exceed 2 years.’’. SENIOR NATIONAL INTELLIGENCE SERVICE.—(1) intelligence collectors and analysts em- (b) TABLE OF CONTENTS AMENDMENT.—The The President, based on the recommendation ployed or contracted by each element of the table of contents in the first section of such of the Director of National Intelligence, may intelligence community. Act is amended by inserting after the item award a rank to a member of the Senior Na- ‘‘(12) A statement by the Director of Na- relating to section 113 the following new tional Intelligence Service or other intel- tional Intelligence that, based on current item: ligence community senior civilian officer not and projected funding, the element con- ‘‘Sec. 113A. Detail of other personnel.’’. already covered by such a rank award pro- cerned will have sufficient— gram in the same manner in which a career ‘‘(A) internal infrastructure to support the SEC. 303. PAY AUTHORITY FOR CRITICAL POSI- appointee of an agency may be awarded a TIONS. requested personnel and core contract per- rank under section 4507 of title 5, United Section 102A of the National Security Act sonnel levels; States Code. of 1947 (50 U.S.C. 403–1) is amended by adding ‘‘(B) training resources to support the re- ‘‘(2) The President may establish proce- at the end the following new subsection: quested personnel levels; and dures to award a rank under paragraph (1) to ‘‘(s) PAY AUTHORITY FOR CRITICAL POSI- ‘‘(C) funding to support the administrative a member of the Senior National Intel- TIONS.—(1) Notwithstanding any pay limita- and operational activities of the requested ligence Service or a senior civilian officer of tion established under any other provision of personnel levels.’’. the intelligence community whose identity law applicable to employees in elements of (b) APPLICABILITY DATE.—The first assess- as such a member or officer is classified in- the intelligence community, the Director of ment required to be submitted under section formation (as defined in section 606(1)).’’. National Intelligence may, in coordination 506B(b) of the National Security Act of 1947, with the Director of the Office of Personnel SEC. 305. ANNUAL PERSONNEL LEVEL ASSESS- as added by subsection (a), shall be sub- Management and the Director of the Office MENTS FOR THE INTELLIGENCE mitted to the congressional intelligence COMMUNITY. of Management and Budget, grant authority committees at the time that the President (a) ASSESSMENT.—Title V of the National to the head of a department or agency to fix submits to Congress the budget for fiscal Security Act of 1947 (50 U.S.C. 413 et seq.) is the rate of basic pay for one or more posi- year 2012 pursuant to section 1105 of title 31, amended by inserting after section 506A the tions within the intelligence community at a United States Code. following new section: rate in excess of any applicable limitation, (c) TABLE OF CONTENTS AMENDMENT.—The subject to the provisions of this subsection. ‘‘ANNUAL PERSONNEL LEVEL ASSESSMENTS FOR table of contents in the first section of such The exercise of authority so granted is at the THE INTELLIGENCE COMMUNITY Act, as amended by section 302 of this Act, is discretion of the head of the department or ‘‘SEC. 506B. (a) REQUIREMENT TO PROVIDE.— further amended by inserting after the item agency employing the individual in a posi- The Director of National Intelligence shall, relating to section 506A the following new tion covered by such authority, subject to in consultation with the head of each ele- item: the provisions of this subsection and any ment of the intelligence community, prepare ‘‘Sec. 506B. Annual personnel level assess- conditions established by the Director of Na- an annual personnel level assessment for ments for the intelligence com- tional Intelligence when granting such au- such element that assesses the personnel lev- munity.’’. thority. els for such element for the fiscal year fol- SEC. 306. TEMPORARY PERSONNEL AUTHORIZA- ‘‘(2) Authority under this subsection may lowing the fiscal year in which the assess- TIONS FOR CRITICAL LANGUAGE be granted or exercised only— ment is submitted. TRAINING. ‘‘(A) with respect to a position that re- ‘‘(b) SCHEDULE.—Each assessment required Section 102A(e) of the National Security quires an extremely high level of expertise by subsection (a) shall be submitted to the Act of 1947 (50 U.S.C. 403–1(e)) is amended and is critical to successful accomplishment congressional intelligence committees each by— of an important mission; and year at the time that the President submits (1) redesignating paragraph (3) as para- ‘‘(B) to the extent necessary to recruit or to Congress the budget for a fiscal year pur- graph (4); and retain an individual exceptionally well quali- suant to section 1105 of title 31, United (2) inserting after paragraph (2) the fol- fied for the position. States Code. lowing new paragraph: ‘‘(3) The head of a department or agency ‘‘(c) CONTENTS.—Each assessment required ‘‘(3)(A) In addition to the number of full- may not fix a rate of basic pay under this by subsection (a) submitted during a fiscal time equivalent positions authorized for the subsection at a rate greater than the rate year shall contain the following information Office of the Director of National Intel- payable for level II of the Executive Sched- for the element of the intelligence commu- ligence for a fiscal year, there is authorized ule under section 5313 of title 5, United nity concerned: for such Office for each fiscal year an addi- States Code, except upon written approval of ‘‘(1) The budget submission for personnel tional 100 full-time equivalent positions that the Director of National Intelligence or as costs for the upcoming fiscal year. may be used only for the purposes described otherwise authorized by law. ‘‘(2) The dollar and percentage increase or in subparagraph (B). ‘‘(4) The head of a department or agency decrease of such costs as compared to the ‘‘(B) Except as provided in subparagraph may not fix a rate of basic pay under this personnel costs of the current fiscal year. (C), the Director of National Intelligence subsection at a rate greater than the rate ‘‘(3) The dollar and percentage increase or may use a full-time equivalent position au- payable for level I of the Executive Schedule decrease of such costs as compared to the thorized under subparagraph (A) only for the under section 5312 of title 5, United States personnel costs during the prior 5 fiscal purpose of providing a temporary transfer of Code, except upon written approval of the years. personnel made in accordance with para- President in response to a request by the Di- ‘‘(4) The number of full-time equivalent po- graph (2) to an element of the intelligence rector of National Intelligence or as other- sitions that is the basis for which personnel community to enable such element to in- wise authorized by law. funds are requested for the upcoming fiscal crease the total number of personnel author- ‘‘(5) Any grant of authority under this sub- year. ized for such element, on a temporary basis— section for a position shall terminate at the ‘‘(5) The numerical and percentage in- ‘‘(i) during a period in which a permanent discretion of the Director of National Intel- crease or decrease of the number referred to employee of such element is absent to par- ligence. in paragraph (4) as compared to the number ticipate in critical language training; or

VerDate Mar 15 2010 22:04 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00074 Fmt 4637 Sfmt 0634 E:\RECORD10\RECFILES\S27SE0.REC S27SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 27, 2010 CONGRESSIONAL RECORD — SENATE S7529 ‘‘(ii) to accept a permanent employee of ‘‘(2) periodically review the areas of spe- (i) in paragraph (1)— another element of the intelligence commu- cialization of the elements of the intel- (I) in the matter preceding subparagraph nity to provide language-capable services. ligence community to determine the areas in (A), strike ‘‘an employee of the Agency,’’ and ‘‘(C) Paragraph (2)(B) shall not apply with which such elements are, or are likely to be, insert ‘‘a program participant,’’; respect to a transfer of personnel made under deficient in capabilities. (II) in subparagraph (A), by striking ‘‘em- subparagraph (B). ‘‘(c) USE OF FUNDS.—Funds made available ployee’’ and inserting ‘‘program partici- ‘‘(D) The Director of National Intelligence for the program under subsection (a) shall be pant’’; shall submit to the congressional intel- used— (III) in subparagraph (C)— ligence committees an annual report on the ‘‘(1) to provide a monthly stipend for each (aa) by striking ‘‘employee’’ each place use of authorities under this paragraph. month that a student is pursuing a course of that term appears and inserting ‘‘program Each such report shall include a description study; participant’’; and of— ‘‘(2) to pay the full tuition of a student or (bb) by striking ‘‘employee’s’’ each place ‘‘(i) the number of transfers of personnel former student for the completion of such that term appears and inserting ‘‘program made by the Director pursuant to subpara- course of study; participant’s’’; and graph (B), disaggregated by each element of ‘‘(3) to pay for books and materials that (IV) in subparagraph (D)— the intelligence community; the student or former student requires or re- (aa) by striking ‘‘employee’’ each place ‘‘(ii) the critical language needs that were quired to complete such course of study; that term appears and inserting ‘‘program fulfilled or partially fulfilled through the use ‘‘(4) to pay the expenses of the student or participant’’; and of such transfers; and former student for travel requested by an (bb) by striking ‘‘employee’s’’ each place ‘‘(iii) the cost to carry out subparagraph element of the intelligence community in re- that term appears and inserting ‘‘program (B).’’. lation to such program; or participant’s’’; and SEC. 307. CONFLICT OF INTEREST REGULATIONS ‘‘(5) for such other purposes the Director (ii) in paragraph (3)(C)— FOR INTELLIGENCE COMMUNITY considers reasonably appropriate to carry (I) by striking ‘‘employee’’ both places EMPLOYEES. out such program.’’. that term appears and inserting ‘‘program Section 102A of the National Security Act (b) CONFORMING AMENDMENTS.— participant’’; and of 1947 (50 U.S.C. 403–1), as amended by sec- (1) TABLE OF CONTENTS AMENDMENT.—The (II) by striking ‘‘employee’s’’ and inserting tion 304 of this Act, is further amended by table of contents in the first section of such ‘‘program participant’s’’. adding at the end the following new sub- Act, as amended by section 305 of this Act, is (c) TERMINATION OF PROGRAM PARTICI- section: PANTS.—Subsection (d)(1)(C) of section 16 of ‘‘(u) CONFLICT OF INTEREST REGULATIONS.— further amended— (A) by transferring the item relating to the National Security Agency Act of 1959 (50 (1) The Director of National Intelligence, in U.S.C. 402 note), as amended by subsection consultation with the Director of the Office section 1002 so such item immediately fol- lows the item relating to section 1001; and (b)(2)(B)(i)(III), is further amended by strik- of Government Ethics, shall issue regula- ing ‘‘terminated’’ and all that follows and in- tions prohibiting an officer or employee of (B) by inserting after the item relating to section 1021 the following new item: serting ‘‘terminated— an element of the intelligence community ‘‘(i) by the Agency due to misconduct by from engaging in outside employment if such ‘‘Sec. 1022. Program on recruitment and the program participant; employment creates a conflict of interest or training.’’. ‘‘(ii) by the program participant volun- appearance thereof. (2) REPEAL OF PILOT PROGRAM.— tarily; or ‘‘(2) The Director of National Intelligence (A) AUTHORITY.—Section 318 of the Intel- ‘‘(iii) by the Agency for the failure of the shall annually submit to the congressional ligence Authorization Act for Fiscal Year program participant to maintain such level intelligence committees a report describing 2004 (Public Law 108–177; 50 U.S.C. 441g note) of academic standing in the educational all outside employment for officers and em- is repealed. course of training as the Director of the Na- ployees of elements of the intelligence com- (B) TABLE OF CONTENTS AMENDMENT.—The tional Security Agency shall have specified munity that was authorized by the head of table of contents in section 1 of the Intel- in the agreement of the program participant an element of the intelligence community ligence Authorization Act for Fiscal Year under this subsection; and’’. during the preceding calendar year. Such re- 2004 (Public Law 108–177; 117 Stat. 2599) is (d) AUTHORITY TO WITHHOLD DISCLOSURE OF port shall be submitted each year on the amended by striking the item relating to AFFILIATION WITH NSA.—Subsection (e) of date provided in section 507.’’. section 318. Section 16 of the National Security Agency Subtitle B—Education Programs SEC. 312. MODIFICATIONS TO THE LOUIS STOKES Act of 1959 (50 U.S.C. 402 note) is amended by SEC. 311. PERMANENT AUTHORIZATION FOR THE EDUCATIONAL SCHOLARSHIP PRO- striking ‘‘(1) When an employee’’ and all that PAT ROBERTS INTELLIGENCE GRAM. follows through ‘‘(2) Agency efforts’’ and in- SCHOLARS PROGRAM. (a) EXPANSION OF THE LOUIS STOKES EDU- serting ‘‘Agency efforts’’. (a) PERMANENT AUTHORIZATION.—Subtitle C CATIONAL SCHOLARSHIP PROGRAM TO GRAD- (e) AUTHORITY OF ELEMENTS OF THE INTEL- of title X of the National Security Act of UATE STUDENTS.—Section 16 of the National LIGENCE COMMUNITY TO ESTABLISH A STOKES 1947 (50 U.S.C. 441m et seq.) is amended by Security Agency Act of 1959 (50 U.S.C. 402 EDUCATIONAL SCHOLARSHIP PROGRAM.— adding at the end the following new section: note) is amended— (1) AUTHORITY.—Subtitle C of title X of the ‘‘PROGRAM ON RECRUITMENT AND TRAINING (1) in subsection (a)— National Security Act of 1947 (50 U.S.C. 441m ‘‘SEC. 1022. (a) PROGRAM.—(1) The Director (A) by inserting ‘‘and graduate’’ after ‘‘un- et seq.), as amended by section 311 of this of National Intelligence shall carry out a dergraduate’’; and Act, is further amended by adding at the end program to ensure that selected students or (B) by striking ‘‘the baccalaureate’’ and in- the following new section: former students are provided funds to con- serting ‘‘a baccalaureate or graduate’’; ‘‘EDUCATIONAL SCHOLARSHIP PROGRAM tinue academic training, or are reimbursed (2) in subsection (b), by inserting ‘‘or grad- ‘‘SEC. 1023. The head of a department or for academic training previously obtained, in uate’’ after ‘‘undergraduate’’; agency containing an element of the intel- areas of specialization that the Director, in (3) in subsection (e)(2), by inserting ‘‘and ligence community may establish an under- consultation with the other heads of the ele- graduate’’ after ‘‘undergraduate’’; and graduate or graduate training program with ments of the intelligence community, identi- (4) by adding at the end the following new respect to civilian employees and prospec- fies as areas in which the current capabili- subsection: tive civilian employees of such element simi- ties of the intelligence community are defi- ‘‘(h) The undergraduate and graduate lar in purpose, conditions, content, and ad- cient or in which future capabilities of the training program established under this sec- ministration to the program that the Sec- intelligence community are likely to be defi- tion shall be known as the Louis Stokes Edu- retary of Defense is authorized to establish cient. cational Scholarship Program.’’. under section 16 of the National Security ‘‘(2) A student or former student selected (b) AUTHORITY FOR PARTICIPATION BY INDI- Agency Act of 1959 (50 U.S.C. 402 note).’’. for participation in the program shall com- VIDUALS WHO ARE NOT EMPLOYED BY THE (2) TABLE OF CONTENTS AMENDMENT.—The mit to employment with an element of the UNITED STATES GOVERNMENT.— table of contents in the first section of the intelligence community, following comple- (1) IN GENERAL.—Subsection (b) of section National Security Act of 1947, as amended by tion of appropriate academic training, under 16 of the National Security Agency Act of section 311 of this Act, is further amended by such terms and conditions as the Director 1959 (50 U.S.C. 402 note), as amended by sub- inserting after the item relating to section considers appropriate. section (a)(2), is further amended by striking 1022, as added by such section 311, the fol- ‘‘(3) The program shall be known as the ‘‘civilian employees’’ and inserting ‘‘civil- lowing new item: Pat Roberts Intelligence Scholars Program. ians who may or may not be employees’’. ‘‘Sec. 1023. Educational scholarship pro- ‘‘(b) ELEMENTS.—In carrying out the pro- (2) CONFORMING AMENDMENTS.—Section 16 gram.’’. gram under subsection (a), the Director of the National Security Agency Act of 1959 SEC. 313. INTELLIGENCE OFFICER TRAINING shall— (50 U.S.C. 402 note), as amended by sub- PROGRAM. ‘‘(1) establish such requirements relating section (a), is further amended— (a) PROGRAM.—Subtitle C of title X of the to the academic training of participants as (A) in subsection (c), by striking ‘‘employ- National Security Act of 1947 (50 U.S.C. 441m the Director considers appropriate to ensure ees’’ and inserting ‘‘program participants’’; et seq.), as amended by section 312(e) of this that participants are prepared for employ- and Act, is further amended by adding at the end ment as intelligence professionals; and (B) in subsection (d)— the following new section:

VerDate Mar 15 2010 22:04 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00075 Fmt 4637 Sfmt 0634 E:\RECORD10\RECFILES\S27SE0.REC S27SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7530 CONGRESSIONAL RECORD — SENATE September 27, 2010

‘‘INTELLIGENCE OFFICER TRAINING PROGRAM National Security Act of 1947, as amended by ligence committees of the extension of the ‘‘SEC. 1024. (a) PROGRAMS.—(1) The Director section 312 of this Act, is further amended by submission date under this subparagraph and of National Intelligence may carry out grant striking the item relating to section 1003 and provides a justification for such extension. programs in accordance with subsection (b) inserting the following new item: ‘‘(C) The initial vulnerability assessment to enhance the recruitment and retention of ‘‘Sec. 1024. Intelligence officer training pro- of a major system and its significant items of supply shall include use of an analysis- an ethnically and culturally diverse intel- gram.’’. based approach to— ligence community workforce with capabili- SEC. 314. PILOT PROGRAM FOR INTENSIVE LAN- ‘‘(i) identify vulnerabilities; ties critical to the national security inter- GUAGE INSTRUCTION IN AFRICAN ‘‘(ii) define exploitation potential; ests of the United States. LANGUAGES. ‘‘(iii) examine the system’s potential effec- ‘‘(2) In carrying out paragraph (1), the Di- (a) ESTABLISHMENT.—The Director of Na- tiveness; rector shall identify the skills necessary to tional Intelligence, in consultation with the ‘‘(iv) determine overall vulnerability; and meet current or emergent needs of the intel- National Security Education Board estab- ‘‘(v) make recommendations for risk reduc- ligence community and the educational dis- lished under section 803(a) of the David L. tion. ciplines that will provide individuals with Boren National Security Education Act of ‘‘(2) If an initial vulnerability assessment such skills. 1991 (50 U.S.C. 1903(a)), may establish a pilot for a major system is not submitted to the ‘‘(b) INSTITUTIONAL GRANT PROGRAM.—(1) program for intensive language instruction congressional intelligence committees as re- The Director may provide grants to institu- in African languages. quired by paragraph (1), funds appropriated tions of higher education to support the es- (b) PROGRAM.—A pilot program established for the acquisition of the major system may tablishment or continued development of under subsection (a) shall provide scholar- not be obligated for a major contract related programs of study in educational disciplines ships for programs that provide intensive to the major system. Such prohibition on the identified under subsection (a)(2). language instruction— obligation of funds for the acquisition of the ‘‘(2) A grant provided under paragraph (1) (1) in any of the five highest priority Afri- major system shall cease to apply on the may, with respect to the educational dis- can languages for which scholarships are not date on which the congressional intelligence ciplines identified under subsection (a)(2), be offered under the David L. Boren National committees receive the initial vulnerability used for the following purposes: Security Education Act of 1991 (50 U.S.C. 1901 assessment. ‘‘(A) Curriculum or program development. et seq.), as determined by the Director of Na- ‘‘(b) SUBSEQUENT VULNERABILITY ASSESS- ‘‘(B) Faculty development. tional Intelligence; and MENTS.—(1) The Director of National Intel- ‘‘(C) Laboratory equipment or improve- (2) both in the United States and in a coun- ligence shall, periodically throughout the ments. try in which the language is the native lan- procurement of a major system or if the Di- ‘‘(D) Faculty research. guage of a significant portion of the popu- rector determines that a change in cir- ‘‘(c) APPLICATION.—An institution of higher lation, as determined by the Director of Na- cumstances warrants the issuance of a subse- education seeking a grant under this section tional Intelligence. quent vulnerability assessment, conduct a shall submit an application describing the (c) TERMINATION.—A pilot program estab- subsequent vulnerability assessment of each proposed use of the grant at such time and in lished under subsection (a) shall terminate major system and its significant items of such manner as the Director may require. on the date that is five years after the date supply within the National Intelligence Pro- ‘‘(d) REPORTS.—An institution of higher on which such pilot program is established. gram. education that receives a grant under this (d) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(2) Upon the request of a congressional in- section shall submit to the Director regular (1) IN GENERAL.—There is authorized to be telligence committee, the Director of Na- reports regarding the use of such grant, in- appropriated to carry out this section tional Intelligence may, if appropriate, re- cluding— $2,000,000. certify the previous vulnerability assess- ‘‘(1) a description of the benefits to stu- (2) AVAILABILITY.—Funds authorized to be ment or may conduct a subsequent vulner- dents who participate in the course of study appropriated under paragraph (1) shall re- ability assessment of a particular major sys- funded by such grant; main available until the termination of the tem and its significant items of supply with- ‘‘(2) a description of the results and accom- pilot program in accordance with subsection in the National Intelligence Program. plishments related to such course of study; (c). ‘‘(3) Any subsequent vulnerability assess- ment of a major system and its significant and Subtitle C—Acquisition Matters ‘‘(3) any other information that the Direc- items of supply shall include use of an anal- tor may require. SEC. 321. VULNERABILITY ASSESSMENTS OF ysis-based approach and, if applicable, a test- MAJOR SYSTEMS. ‘‘(e) REGULATIONS.—The Director shall pre- ing-based approach, to monitor the exploi- (a) VULNERABILITY ASSESSMENTS OF MAJOR scribe such regulations as may be necessary tation potential of such system and reexam- SYSTEMS.— to carry out this section. ine the factors described in clauses (i) (1) IN GENERAL.—Title V of the National ‘‘(f) DEFINITIONS.—In this section: through (v) of subsection (a)(1)(C). Security Act of 1947 (50 U.S.C. 413 et seq.), as ‘‘(c) MAJOR SYSTEM MANAGEMENT.—The Di- ‘‘(1) The term ‘Director’ means the Direc- amended by section 305 of this Act, is further rector of National Intelligence shall give due tor of National Intelligence. amended by inserting after section 506B, as consideration to the vulnerability assess- ‘‘(2) The term ‘institution of higher edu- added by section 305(a), the following new ments prepared for a given major system cation’ has the meaning given the term in section: when developing and determining the Na- section 101 of the Higher Education Act of tional Intelligence Program budget. 1965 (20 U.S.C. 1001).’’. ‘‘VULNERABILITY ASSESSMENTS OF MAJOR ‘‘(d) CONGRESSIONAL OVERSIGHT.—(1) The SYSTEMS (b) REPEAL OF DUPLICATIVE PROVISIONS.— Director of National Intelligence shall pro- (1) IN GENERAL.—The following provisions ‘‘SEC. 506C. (a) INITIAL VULNERABILITY AS- vide to the congressional intelligence com- of law are repealed: SESSMENTS.—(1)(A) Except as provided in mittees a copy of each vulnerability assess- (A) Subsections (b) through (g) of section subparagraph (B), the Director of National ment conducted under subsection (a) or (b) 319 of the Intelligence Authorization Act for Intelligence shall conduct and submit to the not later than 10 days after the date of the Fiscal Year 2004 (Public Law 108–177; 50 congressional intelligence committees an completion of such assessment. U.S.C. 403 note). initial vulnerability assessment for each ‘‘(2) The Director of National Intelligence (B) Section 1003 of the National Security major system and its significant items of shall provide the congressional intelligence Act of 1947 (50 U.S.C. 441g–2). supply— committees with a proposed schedule for (C) Section 922 of the Ronald W. Reagan ‘‘(i) except as provided in clause (ii), prior subsequent periodic vulnerability assess- National Defense Authorization Act for Fis- to the completion of Milestone B or an ments of a major system under subsection cal Year 2005 (Public Law 108–375; 50 U.S.C. equivalent acquisition decision for the major (b)(1) when providing such committees with 402 note). system; or the initial vulnerability assessment under (2) EXISTING AGREEMENTS.—Notwith- ‘‘(ii) prior to the date that is 1 year after subsection (a) of such system as required by standing the repeals made by paragraph (1), the date of the enactment of the Intelligence paragraph (1). nothing in this subsection shall be construed Authorization Act for Fiscal Year 2010 in the ‘‘(e) DEFINITIONS.—In this section: to amend, modify, or abrogate any agree- case of a major system for which Milestone ‘‘(1) The term ‘item of supply’ has the ment, contract, or employment relationship B or an equivalent acquisition decision— meaning given that term in section 4(10) of that was in effect in relation to the provi- ‘‘(I) was completed prior to such date of en- the Office of Federal Procurement Policy sions repealed under paragraph (1) on the day actment; or Act (41 U.S.C. 403(10)). prior to the date of the enactment of this ‘‘(II) is completed on a date during the 180- ‘‘(2) The term ‘major contract’ means each Act. day period following such date of enactment. of the 6 largest prime, associate, or Govern- (3) TECHNICAL AMENDMENT.—Section 319 of ‘‘(B) The Director may submit to the con- ment-furnished equipment contracts under a the Intelligence Authorization Act for Fiscal gressional intelligence committees an initial major system that is in excess of $40,000,000 Year 2004 (Public Law 108–177; 50 U.S.C. 403 vulnerability assessment required by clause and that is not a firm, fixed price contract. note) is amended by striking ‘‘(a) FIND- (ii) of subparagraph (A) not later than 180 ‘‘(3) The term ‘major system’ has the INGS.—’’. days after the date such assessment is re- meaning given that term in section 506A(e). (c) TABLE OF CONTENTS AMENDMENT.—The quired to be submitted under such clause if ‘‘(4) The term ‘Milestone B’ means a deci- table of contents in the first section of the the Director notifies the congressional intel- sion to enter into major system development

VerDate Mar 15 2010 22:04 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00076 Fmt 4637 Sfmt 0634 E:\RECORD10\RECFILES\S27SE0.REC S27SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 27, 2010 CONGRESSIONAL RECORD — SENATE S7531 and demonstration pursuant to guidance pre- subsection (f), develop and implement an en- ‘‘(1) An identification of each intelligence scribed by the Director of National Intel- terprise architecture to cover all intel- community business system for which fund- ligence. ligence community business systems, and ing is proposed in such budget. ‘‘(5) The term ‘vulnerability assessment’ the functions and activities supported by ‘‘(2) An identification of all funds, by ap- means the process of identifying and quanti- such business systems. The enterprise archi- propriation, proposed in such budget for each fying vulnerabilities in a major system and tecture shall be sufficiently defined to effec- such system, including— its significant items of supply.’’. tively guide, constrain, and permit imple- ‘‘(A) funds for current services to operate (2) TABLE OF CONTENTS AMENDMENT.—The mentation of interoperable intelligence com- and maintain such system; table of contents in the first section of the munity business system solutions, con- ‘‘(B) funds for business systems moderniza- National Security Act of 1947, as amended by sistent with applicable policies and proce- tion identified for each specific appropria- section 313 of this Act, is further amended by dures established by the Director of the Of- tion; and inserting after the item relating to section fice of Management and Budget. ‘‘(C) funds for associated business process 506B, as added by section 305(c) of this Act, ‘‘(2) The enterprise architecture under improvement or reengineering efforts. the following new item: paragraph (1) shall include the following: ‘‘(3) The certification, if any, made under ‘‘Sec. 506C. Vulnerability assessments of ‘‘(A) An information infrastructure that subsection (a)(2) with respect to each such major systems.’’. will enable the intelligence community to— system. (b) DEFINITION OF MAJOR SYSTEM.—Para- ‘‘(i) comply with all Federal accounting, fi- ‘‘(f) INTELLIGENCE COMMUNITY BUSINESS graph (3) of section 506A(e) of the National nancial management, and reporting require- SYSTEM TRANSFORMATION GOVERNANCE Security Act of 1947 (50 U.S.C. 415a–1(e)) is ments; BOARD.—(1) The Director of National Intel- amended by striking ‘‘(in current fiscal year ‘‘(ii) routinely produce timely, accurate, ligence shall establish a board within the in- dollars)’’ and inserting ‘‘(based on fiscal year and reliable financial information for man- telligence community business system trans- 2010 constant dollars)’’. agement purposes; formation governance structure (in this sub- ‘‘(iii) integrate budget, accounting, and SEC. 322. INTELLIGENCE COMMUNITY BUSINESS section referred to as the ‘Board’). SYSTEM TRANSFORMATION. program information and systems; and ‘‘(2) The Board shall— (a) INTELLIGENCE COMMUNITY BUSINESS ‘‘(iv) provide for the measurement of per- ‘‘(A) recommend to the Director policies SYSTEM TRANSFORMATION.— formance, including the ability to produce and procedures necessary to effectively inte- (1) IN GENERAL.—Title V of the National timely, relevant, and reliable cost informa- grate all business activities and any trans- Security Act of 1947 (50 U.S.C. 413 et seq.), as tion. formation, reform, reorganization, or process amended by section 321 of this Act, is further ‘‘(B) Policies, procedures, data standards, improvement initiatives undertaken within amended by inserting after section 506C, as and system interface requirements that the intelligence community; added by section 321(a), the following new apply uniformly throughout the intelligence ‘‘(B) review and approve any major update section: community. of— ‘‘(c) RESPONSIBILITIES FOR INTELLIGENCE ‘‘INTELLIGENCE COMMUNITY BUSINESS SYSTEM ‘‘(i) the enterprise architecture developed COMMUNITY BUSINESS SYSTEM TRANS- TRANSFORMATION under subsection (b); and FORMATION.—The Director of National Intel- ‘‘(ii) any plans for an intelligence commu- ‘‘SEC. 506D. (a) LIMITATION ON OBLIGATION ligence shall be responsible for the entire life nity business systems modernization; OF FUNDS.—(1) Subject to paragraph (3), no cycle of an intelligence community business ‘‘(C) manage cross-domain integration con- funds appropriated to any element of the in- system transformation, including review, ap- sistent with such enterprise architecture; telligence community may be obligated for proval, and oversight of the planning, design, ‘‘(D) coordinate initiatives for intelligence an intelligence community business system acquisition, deployment, operation, and community business system transformation transformation that will have a total cost in maintenance of the business system trans- to maximize benefits and minimize costs for excess of $3,000,000 unless— formation. the intelligence community, and periodically ‘‘(A) the Director of the Office of Business ‘‘(d) INTELLIGENCE COMMUNITY BUSINESS report to the Director on the status of efforts Transformation of the Office of the Director SYSTEM INVESTMENT REVIEW.—(1) The Direc- to carry out an intelligence community busi- of National Intelligence makes a certifi- tor of the Office of Business Transformation ness system transformation; cation described in paragraph (2) with re- of the Office of the Director of National In- ‘‘(E) ensure that funds are obligated for in- spect to such intelligence community busi- telligence shall establish and implement, not telligence community business system trans- ness system transformation; and later than 60 days after the enactment of the formation in a manner consistent with sub- ‘‘(B) such certification is approved by the Intelligence Authorization Act for Fiscal section (a); and board established under subsection (f). Year 2010, an investment review process for ‘‘(F) carry out such other duties as the Di- ‘‘(2) The certification described in this the intelligence community business sys- rector shall specify. paragraph for an intelligence community tems for which the Director of the Office of business system transformation is a certifi- Business Transformation is responsible. ‘‘(g) RELATION TO ANNUAL REGISTRATION cation made by the Director of the Office of ‘‘(2) The investment review process under REQUIREMENTS.—Nothing in this section Business Transformation of the Office of the paragraph (1) shall— shall be construed to alter the requirements Director of National Intelligence that the in- ‘‘(A) meet the requirements of section 11312 of section 8083 of the Department of Defense telligence community business system trans- of title 40, United States Code; and Appropriations Act, 2005 (Public Law 108–287; formation— ‘‘(B) specifically set forth the responsibil- 118 Stat. 989), with regard to information ‘‘(A) complies with the enterprise architec- ities of the Director of the Office of Business technology systems (as defined in subsection ture under subsection (b) and such other Transformation under such review process. (d) of such section). policies and standards that the Director of ‘‘(3) The investment review process under ‘‘(h) RELATIONSHIP TO DEFENSE BUSINESS National Intelligence considers appropriate; paragraph (1) shall include the following ele- ENTERPRISE ARCHITECTURE.—Nothing in this or ments: section shall be construed to exempt funds ‘‘(B) is necessary— ‘‘(A) Review and approval by an invest- authorized to be appropriated to the Depart- ‘‘(i) to achieve a critical national security ment review board (consisting of appropriate ment of Defense from the requirements of capability or address a critical requirement; representatives of the intelligence commu- section 2222 of title 10, United States Code, or nity) of each intelligence community busi- to the extent that such requirements are ‘‘(ii) to prevent a significant adverse effect ness system as an investment before the ob- otherwise applicable. on a project that is needed to achieve an es- ligation of funds for such system. ‘‘(i) RELATION TO CLINGER-COHEN ACT.—(1) sential capability, taking into consideration ‘‘(B) Periodic review, but not less often Executive agency responsibilities in chapter any alternative solutions for preventing such than annually, of every intelligence commu- 113 of title 40, United States Code, for any in- adverse effect. nity business system investment. telligence community business system trans- ‘‘(3) With respect to a fiscal year after fis- ‘‘(C) Thresholds for levels of review to en- formation shall be exercised jointly by— cal year 2010, the amount referred to in para- sure appropriate review of intelligence com- ‘‘(A) the Director of National Intelligence graph (1) in the matter preceding subpara- munity business system investments depend- and the Chief Information Officer of the In- graph (A) shall be equal to the sum of— ing on the scope, complexity, and cost of the telligence Community; and ‘‘(A) the amount in effect under such para- system involved. ‘‘(B) the head of the executive agency that graph (1) for the preceding fiscal year (deter- ‘‘(D) Procedures for making certifications contains the element of the intelligence mined after application of this paragraph), in accordance with the requirements of sub- community involved and the chief informa- plus section (a)(2). tion officer of that executive agency. ‘‘(B) such amount multiplied by the annual ‘‘(e) BUDGET INFORMATION.—For each fiscal ‘‘(2) The Director of National Intelligence percentage increase in the consumer price year after fiscal year 2011, the Director of and the head of the executive agency re- index (all items; U.S. city average) as of Sep- National Intelligence shall include in the ferred to in paragraph (1)(B) shall enter into tember of the previous fiscal year. materials the Director submits to Congress a Memorandum of Understanding to carry ‘‘(b) ENTERPRISE ARCHITECTURE FOR INTEL- in support of the budget for such fiscal year out the requirements of this section in a LIGENCE COMMUNITY BUSINESS SYSTEMS.—(1) that is submitted to Congress under section manner that best meets the needs of the in- The Director of National Intelligence shall, 1105 of title 31, United States Code, the fol- telligence community and the executive acting through the board established under lowing information: agency.

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‘‘(j) REPORTS.—Not later than March 31 of tional Security Act of 1947 (as added by sub- ‘‘(B) A current Baseline Estimate may be each of the years 2011 through 2015, the Di- section (a)). in the form of an independent cost estimate. rector of National Intelligence shall submit (2) ENTERPRISE ARCHITECTURE.— ‘‘(4) Except as otherwise specifically pro- to the congressional intelligence committees (A) SCHEDULE FOR DEVELOPMENT.—The Di- vided, the term ‘Director’ means the Direc- a report on the compliance of the intel- rector shall develop the enterprise architec- tor of National Intelligence. ligence community with the requirements of ture required by subsection (b) of such sec- ‘‘(5) The term ‘independent cost estimate’ this section. Each such report shall— tion 506D (as so added), including the initial has the meaning given that term in section ‘‘(1) describe actions taken and proposed Business Enterprise Architecture for busi- 506A(e). for meeting the requirements of subsection ness transformation, not later than 60 days ‘‘(6) The term ‘major contract’ means each (a), including— after the enactment of this Act. of the 6 largest prime, associate, or Govern- ‘‘(A) specific milestones and actual per- (B) REQUIREMENT FOR IMPLEMENTATION ment-furnished equipment contracts under a formance against specified performance PLAN.—In developing such an enterprise ar- major system that is in excess of $40,000,000 measures, and any revision of such mile- chitecture, the Director shall develop an im- and that is not a firm, fixed price contract. stones and performance measures; and plementation plan for such enterprise archi- ‘‘(7) The term ‘major system’ has the ‘‘(B) specific actions on the intelligence tecture that includes the following: meaning given that term in section 506A(e). community business system transformations (i) An acquisition strategy for new systems ‘‘(8) The term ‘Milestone B’ means a deci- submitted for certification under such sub- that are expected to be needed to complete sion to enter into major system development section; such enterprise architecture, including spe- and demonstration pursuant to guidance pre- ‘‘(2) identify the number of intelligence cific time-phased milestones, performance scribed by the Director. community business system transformations metrics, and a statement of the financial and ‘‘(9) The term ‘program manager’ means— that received a certification described in nonfinancial resource needs. ‘‘(A) the head of the element of the intel- subsection (a)(2); and (ii) An identification of the intelligence ligence community that is responsible for ‘‘(3) describe specific improvements in community business systems in operation or the budget, cost, schedule, and performance business operations and cost savings result- planned as of the date that is 60 days after of a major system; or ing from successful intelligence community the enactment of this Act that will not be a ‘‘(B) in the case of a major system within business systems transformation efforts. part of such enterprise architecture, to- the Office of the Director of National Intel- ‘‘(k) DEFINITIONS.—In this section: gether with the schedule for the phased ter- ligence, the deputy who is responsible for the ‘‘(1) The term ‘enterprise architecture’ has mination of the utilization of any such sys- budget, cost, schedule, and performance of the meaning given that term in section tems. the major system. 3601(4) of title 44, United States Code. (iii) An identification of the intelligence ‘‘(10) The term ‘significant cost growth ‘‘(2) The terms ‘information system’ and community business systems in operation or threshold’ means the percentage increase in ‘information technology’ have the meanings planned as of such date, that will be a part the total acquisition cost for a major system given those terms in section 11101 of title 40, of such enterprise architecture, together of at least 15 percent over the total acquisi- United States Code. with a strategy for modifying such systems tion cost for such system as shown in the ‘‘(3) The term ‘intelligence community to ensure that such systems comply with current Baseline Estimate for such system. business system’ means an information sys- such enterprise architecture. ‘‘(11) The term ‘total acquisition cost’ means the amount equal to the total cost for tem, including a national security system, (C) SUBMISSION OF ACQUISITION STRATEGY.— development and procurement of, and sys- that is operated by, for, or on behalf of an Based on the results of an enterprise process tem-specific construction for, a major sys- element of the intelligence community, in- management review and the availability of tem. cluding a financial system, mixed system, fi- funds, the Director shall submit the acquisi- ‘‘(b) MAJOR SYSTEM COST REPORTS.—(1) nancial data feeder system, and the business tion strategy described in subparagraph The program manager for a major system infrastructure capabilities shared by the sys- (B)(i) to the congressional intelligence com- shall, on a quarterly basis, submit to the Di- tems of the business enterprise architecture, mittees not later than March 31, 2011. rector a major system cost report as de- including people, process, and technology, SEC. 323. REPORTS ON THE ACQUISITION OF scribed in paragraph (2). that build upon the core infrastructure used MAJOR SYSTEMS. ‘‘(2) A major system cost report shall in- to support business activities, such as acqui- (a) REPORTS.— clude the following information (as of the sition, financial management, logistics, stra- (1) IN GENERAL.—Title V of the National last day of the quarter for which the report tegic planning and budgeting, installations Security Act of 1947 (50 U.S.C. 413 et seq.), as is made): and environment, and human resource man- amended by section 322 of this Act, is further ‘‘(A) The total acquisition cost for the agement. amended by inserting after section 506D, as major system. ‘‘(4) The term ‘intelligence community added by section 322(a)(1), the following new ‘‘(B) Any cost variance or schedule vari- business system transformation’ means— section: ance in a major contract for the major sys- ‘‘(A) the acquisition or development of a ‘‘REPORTS ON THE ACQUISITION OF MAJOR tem since the contract was entered into. new intelligence community business sys- SYSTEMS ‘‘(C) Any changes from a major system tem; or ‘‘SEC. 506E. (a) DEFINITIONS.—In this sec- schedule milestones or performances that ‘‘(B) any significant modification or en- tion: are known, expected, or anticipated by the hancement of an existing intelligence com- ‘‘(1) The term ‘cost estimate’— program manager. munity business system (other than nec- ‘‘(A) means an assessment and quantifica- ‘‘(D) Any significant changes in the total essary to maintain current services). tion of all costs and risks associated with acquisition cost for development and pro- ‘‘(5) The term ‘national security system’ the acquisition of a major system based upon curement of any software component of the has the meaning given that term in section reasonably available information at the time major system, schedule milestones for such 3542 of title 44, United States Code. the Director establishes the 2010 adjusted software component of the major system, or ‘‘(6) The term ‘Office of Business Trans- total acquisition cost for such system pursu- expected performance of such software com- formation of the Office of the Director of Na- ant to subsection (h) or restructures such ponent of the major system that are known, tional Intelligence’ includes any successor system pursuant to section 506F(c); and expected, or anticipated by the program office that assumes the functions of the Of- ‘‘(B) does not mean an ‘independent cost manager. fice of Business Transformation of the Office estimate’. ‘‘(3) Each major system cost report re- of the Director of National Intelligence as ‘‘(2) The term ‘critical cost growth thresh- quired by paragraph (1) shall be submitted not more than 30 days after the end of the re- carried out by the Office of Business Trans- old’ means a percentage increase in the total porting quarter. formation on the date of the enactment of acquisition cost for a major system of at ‘‘(c) REPORTS FOR BREACH OF SIGNIFICANT the Intelligence Authorization Act for Fiscal least 25 percent over the total acquisition Year 2010.’’. OR CRITICAL COST GROWTH THRESHOLDS.—If cost for the major system as shown in the the program manager of a major system for (2) TABLE OF CONTENTS AMENDMENT.—The current Baseline Estimate for the major sys- which a report has previously been sub- table of contents in the first section of that tem. Act, as amended by section 321 of this Act, is mitted under subsection (b) determines at ‘‘(3)(A) The term ‘current Baseline Esti- any time during a quarter that there is rea- further amended by inserting after the item mate’ means the projected total acquisition sonable cause to believe that the total acqui- relating to section 506C, as added by section cost of a major system that is— sition cost for the major system has in- 321(a)(2), the following new item: ‘‘(i) approved by the Director, or a designee creased by a percentage equal to or greater ‘‘Sec. 506D. Intelligence community busi- of the Director, at Milestone B or an equiva- than the significant cost growth threshold or ness system transformation.’’. lent acquisition decision for the develop- critical cost growth threshold and if a report (b) IMPLEMENTATION.— ment, procurement, and construction of such indicating an increase of such percentage or (1) CERTAIN DUTIES.—Not later than 60 days system; more has not previously been submitted to after the date of the enactment of this Act, ‘‘(ii) approved by the Director at the time the Director, then the program manager the Director of National Intelligence shall such system is restructured pursuant to sec- shall immediately submit to the Director a designate a chair and other members to tion 506F(c); or major system cost report containing the in- serve on the board established under sub- ‘‘(iii) the 2010 adjusted total acquisition formation, determined as of the date of the section (f) of such section 506D of the Na- cost determined pursuant to subsection (h). report, required under subsection (b).

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‘‘(d) NOTIFICATION TO CONGRESS OF COST and the extent to which such changes have equal to or greater than the significant cost GROWTH.—(1) Whenever a major system cost contributed to the increase in total acquisi- growth threshold or the critical cost growth report is submitted to the Director, the Di- tion cost for the major system. threshold prior to such date of enactment; rector shall determine whether the current ‘‘(N) The following contract performance ‘‘(B) shall establish for each major system acquisition cost for the major system has in- assessment information with respect to each for which the total acquisition cost has in- creased by a percentage equal to or greater major contract under the major system: creased by a percentage equal to or greater than the significant cost growth threshold or ‘‘(i) The name of the contractor. than the significant cost growth threshold or the critical cost growth threshold. ‘‘(ii) The phase that the contract is in at the critical cost growth threshold prior to ‘‘(2) If the Director determines that the the time of the preparation of the report. such date of enactment a revised current current total acquisition cost has increased ‘‘(iii) The percentage of work under the Baseline Estimate based upon an updated by a percentage equal to or greater than the contract that has been completed. cost estimate; significant cost growth threshold or critical ‘‘(iv) Any current change and the total ‘‘(C) may, for a major system not described cost growth threshold, the Director shall change, in dollars and expressed as a per- in subparagraph (B), establish a revised cur- submit to Congress a Major System Congres- centage, in the contract cost. rent Baseline Estimate based upon an up- sional Report pursuant to subsection (e). ‘‘(v) The percentage by which the contract dated cost estimate; and ‘‘(e) REQUIREMENT FOR MAJOR SYSTEM CON- is currently ahead of or behind schedule. ‘‘(D) shall submit to Congress a report de- GRESSIONAL REPORT.—(1) Whenever the Di- scribing— rector determines under subsection (d) that ‘‘(vi) A narrative providing a summary ex- the total acquisition cost of a major system planation of the most significant occur- ‘‘(i) each determination made under sub- has increased by a percentage equal to or rences, including cost and schedule variances paragraph (A); greater than the significant cost growth under major contracts of the major system, ‘‘(ii) each revised current Baseline Esti- threshold for the major system, a Major Sys- contributing to the changes identified and a mate established for a major system under tem Congressional Report shall be submitted discussion of the effect these occurrences subparagraph (B); and to Congress not later than 45 days after the will have on the future costs and schedule of ‘‘(iii) each revised current Baseline Esti- date on which the Director receives the the major system. mate established for a major system under major system cost report for such major sys- ‘‘(O) In any case in which one or more subparagraph (C), including the percentage tem. problems with a software component of the increase of the total acquisition cost of such ‘‘(2) If the total acquisition cost of a major major system significantly contributed to major system that occurred prior to the date system (as determined by the Director under the increase in costs of the major system, of the enactment of such Act. subsection (d)) increases by a percentage the action taken and proposed to be taken to ‘‘(2) The revised current Baseline Estimate equal to or greater than the critical cost solve such problems. established for a major system under sub- growth threshold for the program or subpro- ‘‘(2) A Major System Congressional Report paragraph (B) or (C) of paragraph (1) shall be gram, the Director shall take actions con- prepared for a major system for which the the 2010 adjusted total acquisition cost for sistent with the requirements of section increase in the total acquisition cost is due the major system and may include the esti- 506F. to termination or cancellation of the entire mated cost of conducting any vulnerability ‘‘(f) MAJOR SYSTEM CONGRESSIONAL REPORT major system shall include only— assessments for such major system required ELEMENTS.—(1) Except as provided in para- ‘‘(A) the information described in subpara- under section 506C. graph (2), each Major System Congressional graphs (A) through (F) of paragraph (1); and ‘‘(i) REQUIREMENTS TO USE BASE YEAR DOL- Report shall include the following: ‘‘(B) the total percentage change in total LARS.—Any determination of a percentage ‘‘(A) The name of the major system. acquisition cost for such system. increase under this section shall be stated in ‘‘(B) The date of the preparation of the re- ‘‘(g) PROHIBITION ON OBLIGATION OF terms of constant base year dollars. port. FUNDS.—If a determination of an increase by ‘‘(j) FORM OF REPORT.—Any report required ‘‘(C) The program phase of the major sys- a percentage equal to or greater than the to be submitted under this section may be tem as of the date of the preparation of the significant cost growth threshold is made by submitted in a classified form.’’. report. the Director under subsection (d) and a (2) APPLICABILITY DATE OF QUARTERLY RE- ‘‘(D) The estimate of the total acquisition Major System Congressional Report con- PORTS.—The first report required to be sub- cost for the major system expressed in con- taining the information described in sub- mitted under subsection (b) of section 506E of stant base-year dollars and in current dol- section (f) is not submitted to Congress the National security Act of 1947, as added by lars. under subsection (e)(1), or if a determination paragraph (1) of this subsection, shall be sub- ‘‘(E) The current Baseline Estimate for the of an increase by a percentage equal to or mitted with respect to the first fiscal quar- major system in constant base-year dollars greater than the critical cost growth thresh- ter that begins on a date that is not less and in current dollars. old is made by the Director under subsection than 180 days after the date of the enactment ‘‘(F) A statement of the reasons for any in- (d) and the Major System Congressional Re- of this Act. crease in total acquisition cost for the major port containing the information described in (3) TABLE OF CONTENTS AMENDMENT.—The system. subsection (f) and section 506F(b)(3) and the table of contents in the first section of that ‘‘(G) The completion status of the major certification required by section 506F(b)(2) Act, as amended by section 322 of this Act, is system— are not submitted to Congress under sub- further amended by inserting after the item ‘‘(i) expressed as the percentage that the section (e)(2), funds appropriated for con- relating to section 506D, as added by section number of years for which funds have been struction, research, development, test, eval- 322(a)(2), the following new item: appropriated for the major system is of the uation, and procurement may not be obli- ‘‘Sec. 506E. Reports on the acquisition of number of years for which it is planned that gated for a major contract under the major major systems.’’. funds will be appropriated for the major sys- system. The prohibition on the obligation of (b) MAJOR DEFENSE ACQUISITION PRO- tem; and funds for a major system shall cease to apply GRAMS.—Nothing in this section, section 324, ‘‘(ii) expressed as the percentage that the at the end of the 45-day period that begins on or an amendment made by this section or amount of funds that have been appropriated the date— section 324, shall be construed to exempt an for the major system is of the total amount ‘‘(1) on which Congress receives the Major acquisition program of the Department of of funds which it is planned will be appro- System Congressional Report under sub- Defense from the requirements of chapter 144 priated for the major system. section (e)(1) with respect to that major sys- of title 10, United States Code or Department ‘‘(H) The fiscal year in which the major tem, in the case of a determination of an in- of Defense Directive 5000, to the extent that system was first authorized and in which crease by a percentage equal to or greater such requirements are otherwise applicable. funds for such system were first appropriated than the significant cost growth threshold SEC. 324. CRITICAL COST GROWTH IN MAJOR SYS- by Congress. (as determined in subsection (d)); or TEMS. ‘‘(I) The current change and the total ‘‘(2) on which Congress receives both the (a) IN GENERAL.—Title V of the National change, in dollars and expressed as a per- Major System Congressional Report under Security Act of 1947 (50 U.S.C. 413 et seq.), as centage, in the total acquisition cost for the subsection (e)(2) and the certification of the amended by section 323 of this Act, is further major system, stated both in constant base- Director under section 506F(b)(2) with re- amended by inserting after section 506E, as year dollars and in current dollars. spect to that major system, in the case of an added by section 323(a), the following new ‘‘(J) The quantity of end items to be ac- increase by a percentage equal to or greater section: quired under the major system and the cur- than the critical cost growth threshold (as ‘‘CRITICAL COST GROWTH IN MAJOR SYSTEMS rent change and total change, if any, in that determined under subsection (d)). ‘‘SEC. 506F. (a) REASSESSMENT OF MAJOR quantity. ‘‘(h) TREATMENT OF COST INCREASES PRIOR SYSTEM.—If the Director of National Intel- ‘‘(K) The identities of the officers respon- TO ENACTMENT OF INTELLIGENCE AUTHORIZA- ligence determines under section 506E(d) sible for management and cost control of the TION ACT FOR FISCAL YEAR 2010.—(1) Not that the total acquisition cost of a major major system. later than 180 days after the date of the en- system has increased by a percentage equal ‘‘(L) The action taken and proposed to be actment of the Intelligence Authorization to or greater than the critical cost growth taken to control future cost growth of the Act for Fiscal Year 2010, the Director— threshold for the major system, the Director major system. ‘‘(A) shall, for each major system, deter- shall— ‘‘(M) Any changes made in the performance mine if the total acquisition cost of such ‘‘(1) determine the root cause or causes of or schedule milestones of the major system major system increased by a percentage the critical cost growth, in accordance with

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The Director shall the requirements of subsections (d)(2), (e), the congressional intelligence committees a submit such Major System Congressional Re- and (g) of section 506E and subsections (a)(2), Long-term Budget Projection for each ele- port and certification not later than 90 days (b), (c), and (d) of this section with respect to ment of the intelligence community funded after the date the Director receives the rel- a major system if the Director determines under the National Intelligence Program ac- evant major system cost report under sub- that at least 90 percent of the amount of the quiring a major system that includes the section (b) or (c) of section 506E. current Baseline Estimate for the major sys- tem has been expended. budget for such element for the 5-year period ‘‘(2) A certification described by this para- that begins on the day after the end of the graph with respect to a major system is a ‘‘(2)(A) If the Director grants a waiver under paragraph (1) with respect to a major last fiscal year for which year-by-year pro- written certification that— posed funding is included in a Future Year ‘‘(A) the continuation of the major system system, the Director shall submit to the con- gressional intelligence committees written Intelligence Plan for such major system in is essential to the national security; accordance with subsection (a)(2)(A). ‘‘(B) there are no alternatives to the major notice of the waiver that includes— ‘‘(i) the information described in section ‘‘(2) A Long-term Budget Projection sub- system that will provide acceptable capa- mitted under paragraph (1) shall include— bility to meet the intelligence requirement 506E(f); and ‘‘(ii) if the current total acquisition cost of ‘‘(A) projections for the appropriate ele- at less cost; ment of the intelligence community for— ‘‘(C) the new estimates of the total acquisi- the major system has increased by a percent- age equal to or greater than the critical cost ‘‘(i) pay and benefits of officers and em- tion cost have been determined by the Direc- ployees of such element; tor to be reasonable; growth threshold— ‘‘(I) a determination of the root cause or ‘‘(ii) other operating and support costs and ‘‘(D) the major system is a higher priority minor acquisitions of such element; than other systems whose funding must be causes of the critical cost growth, as de- scribed in subsection (a)(1); and ‘‘(iii) research and technology required by reduced to accommodate the growth in cost such element; of the major system; and ‘‘(II) a certification that includes the ele- ments described in subparagraphs (A), (B), ‘‘(iv) current and planned major system ac- ‘‘(E) the management structure for the quisitions for such element; major system is adequate to manage and and (E) of subsection (b)(2). ‘‘(B) The Director shall submit the written ‘‘(v) any future major system acquisitions control the total acquisition cost. notice required by subparagraph (A) not for such element; and ‘‘(3) A Major System Congressional Report later than 90 days after the date that the Di- ‘‘(vi) any additional funding projections accompanying a written certification under rector receives a major system cost report that the Director of National Intelligence paragraph (2) shall include, in addition to under subsection (b) or (c) of section 506E considers appropriate; the requirements of section 506E(e), the root that indicates that the total acquisition cost ‘‘(B) a budget projection based on effective cause analysis and assessment carried out for the major system has increased by a per- cost and schedule execution of current or pursuant to subsection (a), the basis for each centage equal to or greater than the signifi- planned major system acquisitions and ap- determination made in accordance with sub- cant cost growth threshold or critical cost plication of Office of Management and Budg- paragraphs (A) through (E) of paragraph (2), growth threshold. et inflation estimates to future major sys- and a description of all funding changes ‘‘(g) DEFINITIONS.—In this section, the tem acquisitions; made as a result of the growth in the cost of terms ‘cost estimate’, ‘critical cost growth ‘‘(C) any additional assumptions and pro- the major system, including reductions made threshold’, ‘current Baseline Estimate’, jections that the Director of National Intel- in funding for other systems to accommo- ‘major system’, and ‘total acquisition cost’ ligence considers appropriate; and date such cost growth, together with sup- have the meaning given those terms in sec- ‘‘(D) a description of whether, and to what porting documentation. tion 506E(a).’’. extent, the total projection for each year ex- ‘‘(c) ACTIONS IF MAJOR SYSTEM NOT TERMI- (b) TABLE OF CONTENTS AMENDMENT.—The ceeds the level that would result from apply- NATED.—If the Director elects not to termi- table of contents in the first section of that ing the most recent Office of Management nate a major system pursuant to subsection Act, as amended by section 323 of this Act, is and Budget inflation estimate to the budget (b), the Director shall— further amended by inserting after the items of that element of the intelligence commu- ‘‘(1) restructure the major system in a relating to section 506E, as added by section nity. manner that addresses the root cause or 323(a)(3), the following new item: ‘‘(c) SUBMISSION TO CONGRESS.—The Direc- causes of the critical cost growth, as identi- ‘‘Sec. 506F. Critical cost growth in major tor of National Intelligence, with the concur- fied pursuant to subsection (a), and ensures systems.’’. rence of the Director of the Office of Man- that the system has an appropriate manage- agement and Budget, shall submit to the SEC. 325. FUTURE BUDGET PROJECTIONS. ment structure as set forth in the certifi- congressional intelligence committees each (a) IN GENERAL.—Title V of the National cation submitted pursuant to subsection Future Year Intelligence Plan or Long-term Security Act of 1947 (50 U.S.C. 413 et seq.), as (b)(2)(E); Budget Projection required under subsection amended by section 324 of this Act, is further ‘‘(2) rescind the most recent Milestone ap- (a) or (b) for a fiscal year at the time that amended by inserting after section 506F, as proval for the major system; the President submits to Congress the budg- added by section 324(a), the following new ‘‘(3) require a new Milestone approval for et for such fiscal year pursuant section 1105 section: the major system before taking any action of title 31, United States Code. to enter a new contract, exercise an option ‘‘FUTURE BUDGET PROJECTIONS ‘‘(d) MAJOR SYSTEM AFFORDABILITY RE- under an existing contract, or otherwise ex- ‘‘SEC. 506G. (a) FUTURE YEAR INTELLIGENCE PORT.—(1) The Director of National Intel- tend the scope of an existing contract under PLANS.—(1) The Director of National Intel- ligence, with the concurrence of the Director the system, except to the extent determined ligence, with the concurrence of the Director of the Office of Management and Budget, necessary by the Milestone Decision Author- of the Office of Management and Budget, shall prepare a report on the acquisition of a ity, on a nondelegable basis, to ensure that shall provide to the congressional intel- major system funded under the National In- the system may be restructured as intended ligence committees a Future Year Intel- telligence Program before the time that the by the Director without unnecessarily wast- ligence Plan, as described in paragraph (2), President submits to Congress the budget for ing resources; for— the first fiscal year in which appropriated

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funds are anticipated to be obligated for the ‘‘(bb) significantly and measurably en- (b) INTELLIGENCE ACTIVITIES.—Section development or procurement of such major hanced if such authority is exercised; and 502(a)(2) of such Act (50 U.S.C. 413a(a)(2)) is system. ‘‘(ii) the Director of National Intelligence amended by inserting ‘‘(including the legal ‘‘(2) The report on such major system shall issues a written authorization that in- basis under which the intelligence activity is include an assessment of whether, and to cludes— being or was conducted)’’ after ‘‘concerning what extent, such acquisition, if developed, ‘‘(I) a description of the authority referred intelligence activities’’. procured, and operated, is projected to cause to in subparagraph (A) that is authorized to (c) COVERT ACTIONS.—Section 503 of such an increase in the most recent Future Year be exercised; and Act (50 U.S.C. 413b) is amended— Intelligence Plan and Long-term Budget Pro- ‘‘(II) a justification to support the exercise (1) in subsection (b)(2), by inserting ‘‘(in- jection submitted under section 506G for an of such authority. cluding the legal basis under which the cov- element of the intelligence community. ‘‘(C) A request and authorization to exer- ert action is being or was conducted)’’ after ‘‘(3) The Director of National Intelligence cise an authority referred to in subparagraph ‘‘concerning covert actions’’; shall update the report whenever an inde- (A) may be made with respect to an indi- (2) in subsection (c)— pendent cost estimate must be updated pur- vidual acquisition or with respect to a spe- (A) in paragraph (1), by inserting ‘‘in writ- suant to section 506A(a)(4). cific class of acquisitions described in the re- ing’’ after ‘‘be reported’’; ‘‘(4) The Director of National Intelligence quest and authorization referred to in sub- (B) in paragraph (4), by striking ‘‘com- shall submit each report required by this paragraph (B). mittee. When’’ and inserting the following: subsection at the time that the President ‘‘(D)(i) A request from a head of an element ‘‘committee. submits to Congress the budget for a fiscal of the intelligence community located with- ‘‘(5)(A) When’’; and year pursuant to section 1105 of title 31, in one of the departments described in clause (C) in paragraph (5), as designated by sub- United States Code. (ii) to exercise an authority referred to in paragraph (B)— ‘‘(e) DEFINITIONS.—In this section: subparagraph (A) shall be submitted to the (i) in subparagraph (A), as so designated— ‘‘(1) BUDGET YEAR.—The term ‘budget year’ Director of National Intelligence in accord- (I) by inserting ‘‘, or a notification pro- means the next fiscal year for which the ance with any procedures established by the vided under subsection (d)(1),’’ after ‘‘access President is required to submit to Congress a head of such department. to a finding’’; budget pursuant to section 1105 of title 31, ‘‘(ii) The departments described in this (II) by inserting ‘‘written’’ before ‘‘state- United States Code. clause are the Department of Defense, the ment’’; and ‘‘(2) INDEPENDENT COST ESTIMATE; MAJOR Department of Energy, the Department of (ii) by adding at the end the following new SYSTEM.—The terms ‘independent cost esti- Homeland Security, the Department of Jus- subparagraph: mate’ and ‘major system’ have the meaning tice, the Department of State, and the De- ‘‘(B) Not later than 180 days after a state- given those terms in section 506A(e).’’. partment of the Treasury. ment of reasons is submitted in accordance (b) APPLICABILITY DATE.—The first Future ‘‘(E)(i) The head of an element of the intel- with subparagraph (A) or this subparagraph, Year Intelligence Plan and Long-term Budg- ligence community may not be authorized to the President shall ensure that— et Projection required to be submitted under utilize an authority referred to in subpara- ‘‘(i) all members of the congressional intel- subsection (a) and (b) of section 506G of the graph (A) for a class of acquisitions for a pe- ligence committees are provided access to National Security Act of 1947, as added by riod of more than 3 years, except that the Di- the finding or notification; or subsection (a), shall be submitted to the con- rector of National Intelligence (without dele- ‘‘(ii) a statement of reasons that it is es- gressional intelligence committees at the gation) may authorize the use of such an au- sential to continue to limit access to such time that the President submits to Congress thority for not more than 6 years. finding or such notification to meet extraor- the budget for fiscal year 2012 pursuant to ‘‘(ii) Each authorization to utilize an au- dinary circumstances affecting vital inter- section 1105 of title 31, United States Code. thority referred to in subparagraph (A) may ests of the United States is submitted to the (c) CONFORMING AMENDMENTS.— be extended in accordance with the require- Members of Congress specified in paragraph (1) TABLE OF CONTENTS AMENDMENT.—The ments of subparagraph (B) for successive pe- (2).’’; table of contents in the first section of that riods of not more than 3 years, except that (3) in subsection (d)— Act, as amended by section 324 of this Act, is the Director of National Intelligence (with- (A) by striking ‘‘(d) The President’’ and in- further amended by inserting after the items out delegation) may authorize an extension serting ‘‘(d)(1) The President’’; relating to section 506F, as added by section period of not more than 6 years. (B) in paragraph (1), as designated by sub- 324(b), the following new item: ‘‘(F) Subject to clauses (i) and (ii) of sub- paragraph (A), by inserting ‘‘in writing’’ paragraph (E), the Director of National In- ‘‘Sec. 506G. Future budget projections.’’. after ‘‘notified’’; and telligence may only delegate the authority (2) REPEAL OF DUPLICATIVE PROVISION.— (C) by adding at the end the following new of the Director under subparagraphs (A) Section 8104 of the Department of Defense paragraph: through (E) to the Principal Deputy Director Appropriations Act, 2010 (50 U.S.C. 415a–3; ‘‘(2) In determining whether an activity of National Intelligence or a Deputy Director Public Law 111–118; 123 Stat. 3451) is re- constitutes a significant undertaking for pealed. of National Intelligence. ‘‘(G) The Director of National Intelligence purposes of paragraph (1), the President shall SEC. 326. NATIONAL INTELLIGENCE PROGRAM shall submit— consider whether the activity— FUNDED ACQUISITIONS. ‘‘(A) involves significant risk of loss of life; Subsection (n) of section 102A of the Na- ‘‘(i) to the congressional intelligence com- mittees a notification of an authorization to ‘‘(B) requires an expansion of existing au- tional Security Act of 1947 (50 U.S.C. 403–1) is thorities, including authorities relating to amended by adding at the end the following exercise an authority referred to in subpara- graph (A) or an extension of such authoriza- research, development, or operations; new paragraph: ‘‘(C) results in the expenditure of signifi- ‘‘(4)(A) In addition to the authority re- tion that includes the written authorization referred to in subparagraph (B)(ii); and cant funds or other resources; ferred to in paragraph (1), the Director of Na- ‘‘(D) requires notification under section tional Intelligence may authorize the head ‘‘(ii) to the Director of the Office of Man- agement and Budget a notification of an au- 504; of an element of the intelligence community ‘‘(E) gives rise to a significant risk of dis- to exercise an acquisition authority referred thorization to exercise an authority referred to in subparagraph (A) for an acquisition or closing intelligence sources or methods; or to in section 3 or 8(a) of the Central Intel- ‘‘(F) presents a reasonably foreseeable risk ligence Agency Act of 1949 (50 U.S.C. 403c and class of acquisitions that will exceed $50,000,000 annually. of serious damage to the diplomatic rela- 403j(a)) for an acquisition by such element tions of the United States if such activity that is more than 50 percent funded under ‘‘(H) Requests and authorizations to exer- cise an authority referred to in subparagraph were disclosed without authorization.’’; and the National Intelligence Program. (4) by adding at the end the following new ‘‘(B) The head of an element of the intel- (A) shall remain available within the Office subsection: ligence community may not exercise an au- of the Director of National Intelligence for a period of at least 6 years following the date ‘‘(g)(1) In any case where access to a find- thority referred to in subparagraph (A) ing reported under subsection (c) or notifica- until— of such request or authorization. ‘‘(I) Nothing in this paragraph may be con- tion provided under subsection (d)(1) is not ‘‘(i) the head of such element (without del- made available to all members of a congres- egation) submits to the Director of National strued to alter or otherwise limit the author- ity of the Central Intelligence Agency to sional intelligence committee in accordance Intelligence a written request that in- with subsection (c)(2), the President shall no- cludes— independently exercise an authority under section 3 or 8(a) of the Central Intelligence tify all members of such committee that ‘‘(I) a description of such authority re- such finding or such notification has been Agency Act of 1949 (50 U.S.C. 403c and quested to be exercised; provided only to the members specified in 403j(a)).’’. ‘‘(II) an explanation of the need for such subsection (c)(2). authority, including an explanation of the Subtitle D—Congressional Oversight, Plans, ‘‘(2) In any case where access to a finding reasons that other authorities are insuffi- and Reports reported under subsection (c) or notification cient; and SEC. 331. NOTIFICATION PROCEDURES. provided under subsection (d)(1) is not made ‘‘(III) a certification that the mission of (a) PROCEDURES.—Section 501(c) of the Na- available to all members of a congressional such element would be— tional Security Act of 1947 (50 U.S.C. 413(c)) intelligence committee in accordance with ‘‘(aa) impaired if such authority is not ex- is amended by striking ‘‘such procedures’’ subsection (c)(2), the President shall provide ercised; or and inserting ‘‘such written procedures’’. to all members of such committee a general

VerDate Mar 15 2010 22:04 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00081 Fmt 4637 Sfmt 0634 E:\RECORD10\RECFILES\S27SE0.REC S27SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7536 CONGRESSIONAL RECORD — SENATE September 27, 2010 description regarding the finding or notifica- (2) the policies and procedures relating to (1) an assessment of the intelligence collec- tion, as applicable, consistent with the rea- any detention by the Central Intelligence tion efforts of the United States dedicated to sons for not yet fully informing all members Agency of such individuals in accordance detecting the development or use of biologi- of such committee. with Executive Order 13491; cal weapons by state, nonstate, or rogue ac- ‘‘(3) The President shall maintain— (3) the legal basis for the policies and pro- tors, either foreign or domestic; ‘‘(A) a record of the members of Congress cedures referred to in paragraphs (1) and (2); (2) information on fiscal, human, tech- to whom a finding is reported under sub- (4) the training and research to support the nical, open-source, and other intelligence section (c) or notification is provided under policies and procedures referred to in para- collection resources of the United States subsection (d)(1) and the date on which each graphs (1) and (2); and dedicated for use to detect or protect against member of Congress receives such finding or (5) any action that has been taken to im- the threat of biological weapons; notification; and plement section 1004 of the Detainee Treat- (3) an assessment of any problems that ‘‘(B) each written statement provided ment Act of 2005 (42 U.S.C. 2000dd–1). may reduce the overall effectiveness of under subsection (c)(5).’’. (b) OTHER SUBMISSION OF REPORT.— United States intelligence collection and SEC. 332. CERTIFICATION OF COMPLIANCE WITH (1) CONGRESSIONAL ARMED SERVICES COM- analysis to identify and protect biological OVERSIGHT REQUIREMENTS. MITTEES.—To the extent that the report re- weapons targets, including— (a) IN GENERAL.—Title V of the National quired by subsection (a) addresses an ele- (A) intelligence collection gaps or ineffi- Security Act of 1947 (50 U.S.C. 413 et seq.), as ment of the intelligence community within ciencies; amended by section 325 of this Act, is further the Department of Defense, the Director of (B) inadequate information sharing prac- amended by adding at the end the following National Intelligence, in consultation with tices; or new section: the Secretary of Defense, shall submit that (C) inadequate cooperation among depart- ‘‘CERTIFICATION OF COMPLIANCE WITH portion of the report, and any associated ma- ments or agencies of the United States; terial that is necessary to make that portion OVERSIGHT REQUIREMENTS (4) a strategic plan prepared by the Direc- understandable, to the Committee on Armed ‘‘SEC. 508. The head of each element of the tor of National Intelligence, in coordination Services of the Senate and the Committee on with the Attorney General, the Secretary of intelligence community shall annually sub- Armed Services of the House of Representa- mit to the congressional intelligence com- Defense, and the Secretary of Homeland Se- tives. The Director of National Intelligence curity, that provides for actions for the ap- mittees— may authorize redactions of the report and ‘‘(1) a certification that, to the best of the propriate elements of the intelligence com- any associated materials submitted pursuant munity to close important intelligence gaps knowledge of the head of such element— to this paragraph, if such redactions are con- related to biological weapons; ‘‘(A) the head of such element is in full sistent with the protection of sensitive intel- (5) a description of appropriate goals, compliance with the requirements of this ligence sources and methods. schedules, milestones, or metrics to measure title; and (2) CONGRESSIONAL JUDICIARY COMMIT- the long-term effectiveness of actions imple- ‘‘(B) any information required to be sub- TEES.—To the extent that the report re- mented to carry out the plan described in mitted by the head of such element under quired by subsection (a) addresses an ele- paragraph (4); and this Act before the date of the submission of ment of the intelligence community within (6) any long-term resource and human cap- such certification has been properly sub- the Department of Justice, the Director of ital issues related to the collection of intel- mitted; or National Intelligence, in consultation with ligence regarding biological weapons, includ- ‘‘(2) if the head of such element is unable the Attorney General, shall submit that por- to submit a certification under paragraph tion of the report, and any associated mate- ing any recommendations to address short- (1), a statement— rial that is necessary to make that portion falls of experienced and qualified staff pos- ‘‘(A) of the reasons the head of such ele- understandable, to the Committee on the Ju- sessing relevant scientific, language, and ment is unable to submit such a certifi- diciary of the Senate and the Committee on technical skills. cation; the Judiciary of the House of Representa- (c) IMPLEMENTATION OF STRATEGIC PLAN.— ‘‘(B) describing any information required tives. The Director of National Intelligence Not later than 30 days after the date on to be submitted by the head of such element may authorize redactions of the report and which the Director of National Intelligence under this Act before the date of the submis- any associated materials submitted pursuant submits the report required by subsection sion of such statement that has not been to this paragraph, if such redactions are con- (a), the Director shall begin implementation properly submitted; and sistent with the protection of sensitive intel- of the strategic plan referred to in sub- ‘‘(C) that the head of such element will ligence sources and methods. section (b)(4). submit such information as soon as possible (c) FORM OF SUBMISSIONS.—Any submission SEC. 336. CYBERSECURITY OVERSIGHT. after the submission of such statement.’’. required under this section may be sub- (a) NOTIFICATION OF CYBERSECURITY PRO- (b) APPLICABILITY DATE.—The first certifi- mitted in classified form. GRAMS.— cation or statement required to be submitted SEC. 334. SUMMARY OF INTELLIGENCE RELATING (1) REQUIREMENT FOR NOTIFICATION.— by the head of each element of the intel- TO TERRORIST RECIDIVISM OF DE- (A) EXISTING PROGRAMS.—Not later than 30 ligence community under section 508 of the TAINEES HELD AT UNITED STATES days after the date of the enactment of this National Security Act of 1947, as added by NAVAL STATION, GUANTANAMO BAY, Act, the President shall submit to Congress CUBA. subsection (a), shall be submitted not later a notification for each cybersecurity pro- Not later than 60 days after the date of the than 90 days after the date of the enactment gram in operation on such date that includes of this Act. enactment of this Act, the Director of Na- tional Intelligence, in consultation with the the documentation referred to in subpara- (c) TABLE OF CONTENTS AMENDMENT.—The Director of the Central Intelligence Agency graphs (A) through (F) of paragraph (2). table of contents in the first section of the (B) NEW PROGRAMS.—Not later than 30 days National Security Act of 1947, as amended by and the Director of the Defense Intelligence Agency, shall make publicly available an un- after the date of the commencement of oper- section 325 of this Act, is further amended by classified summary of— ations of a new cybersecurity program, the inserting after the item related to section (1) intelligence relating to recidivism of President shall submit to Congress a notifi- 507 the following new item: detainees currently or formerly held at the cation of such commencement that includes ‘‘Sec. 508. Certification of compliance with Naval Detention Facility at Guantanamo the documentation referred to in subpara- oversight requirements.’’. Bay, Cuba, by the Department of Defense; graphs (A) through (F) of paragraph (2). SEC. 333. REPORT ON DETENTION AND INTERRO- and (2) DOCUMENTATION.—A notification re- GATION ACTIVITIES. (2) an assessment of the likelihood that quired by paragraph (1) for a cybersecurity (a) REQUIREMENT FOR REPORT.—Not later such detainees will engage in terrorism or program shall include— than December 1, 2010, the Director of Na- communicate with persons in terrorist orga- (A) the legal basis for the cybersecurity tional Intelligence, in coordination with the nizations. program; Attorney General and the Secretary of De- SEC. 335. REPORT AND STRATEGIC PLAN ON BIO- (B) the certification, if any, made pursuant fense, shall submit to the congressional in- LOGICAL WEAPONS. to section 2511(2)(a)(ii)(B) of title 18, United telligence committees a comprehensive re- (a) REQUIREMENT FOR REPORT.—Not later States Code, or other statutory certification port containing— than 180 days after the date of the enactment of legality for the cybersecurity program; (1) the policies and procedures of the of this Act, the Director of National Intel- (C) the concept for the operation of the cy- United States Government governing par- ligence shall submit to the congressional in- bersecurity program that is approved by the ticipation by an element of the intelligence telligence committees a report on— head of the appropriate department or agen- community in the interrogation of individ- (1) the intelligence collection efforts of the cy of the United States; uals detained by the United States who are United States dedicated to assessing the (D) the assessment, if any, of the privacy suspected of international terrorism with threat from biological weapons from state, impact of the cybersecurity program pre- the objective, in whole or in part, of acquir- nonstate, or rogue actors, either foreign or pared by the privacy or civil liberties protec- ing national intelligence, including such domestic; and tion officer or comparable officer of such de- policies and procedures of each appropriate (2) efforts to protect the biodefense knowl- partment or agency; element of the intelligence community or edge and infrastructure of the United States. (E) the plan, if any, for independent audit interagency body established to carry out in- (b) CONTENT.—The report required by sub- or review of the cybersecurity program to be terrogations; section (a) shall include— carried out by the head of such department

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(I) the legal basis referred to in subsection thorities of subsections (a) through (e) shall (2) BASIS FOR DETAIL.—A personnel detail terminate on December 31, 2013. (a)(2)(A); and made under paragraph (1) may be made— (h) DEFINITIONS.—In this section: (II) an assessment referred to in subsection (A) for a period of not more than three (a)(2)(D), if any; (1) CYBERSECURITY PROGRAM.—The term years; and ‘‘cybersecurity program’’ means a class or (ii) is adequately described by the concept (B) on a reimbursable or nonreimbursable of operation referred to in subsection collection of similar cybersecurity oper- basis. ations of a department or agency of the (a)(2)(C); and (e) ADDITIONAL PLAN.—Not later than 180 United States that involves personally iden- (iii) includes an adequate independent days after the date of the enactment of this audit or review system and whether improve- Act, the Director of National Intelligence tifiable data that is— ments to such independent audit or review shall submit to Congress a plan for recruit- (A) screened by a cybersecurity system system are necessary. ing, retaining, and training a highly-quali- outside of the department or agency of the (2) SCHEDULE FOR SUBMISSION OF REPORTS.— fied cybersecurity intelligence community United States that was the intended recipi- (A) EXISTING PROGRAMS.—Not later than workforce to secure the networks of the in- ent of the personally identifiable data; 180 days after the date of the enactment of telligence community. Such plan shall in- (B) transferred, for the purpose of cyberse- this Act, and annually thereafter, the head clude— curity, outside the department or agency of of a department or agency of the United (1) an assessment of the capabilities of the the United States that was the intended re- States with responsibility for a cybersecu- current workforce; cipient of the personally identifiable data; or rity program for which a notification is re- (2) an examination of issues of recruiting, (C) transferred, for the purpose of cyberse- quired to be submitted under subsection retention, and the professional development curity, to an element of the intelligence (a)(1)(A) shall submit a report required under of such workforce, including the possibility community. paragraph (1). of providing retention bonuses or other (2) NATIONAL CYBER INVESTIGATIVE JOINT (B) NEW PROGRAMS.—Not later than 120 forms of compensation; TASK FORCE.—The term ‘‘National Cyber In- days after the date on which a certification (3) an assessment of the benefits of out- vestigative Joint Task Force’’ means the is submitted under subsection (a)(1)(B), and reach and training with both private indus- multiagency cyber investigation coordina- annually thereafter, the head of a depart- try and academic institutions with respect tion organization overseen by the Director of ment or agency of the United States with re- to such workforce; the Federal Bureau of Investigation known sponsibility for the cybersecurity program (4) an assessment of the impact of the es- as the National Cyber Investigative Joint for which such certification is submitted tablishment of the Department of Defense Task Force that coordinates, integrates, and shall submit a report required under para- Cyber Command on such workforce; provides pertinent information related to cy- graph (1). (5) an examination of best practices for bersecurity investigations. (3) COOPERATION AND COORDINATION.— making the intelligence community work- (3) CRITICAL INFRASTRUCTURE.—The term (A) COOPERATION.—The head of each de- force aware of cybersecurity best practices ‘‘critical infrastructure’’ has the meaning partment or agency of the United States re- and principles; and given that term in section 1016 of the USA quired to submit a report under paragraph (6) strategies for addressing such other PATRIOT Act (42 U.S.C. 5195c). (1) for a particular cybersecurity program, matters as the Director of National Intel- SEC. 337. REPORT ON FOREIGN LANGUAGE PRO- and the inspector general of each such de- ligence considers necessary to the cybersecu- FICIENCY IN THE INTELLIGENCE partment or agency, shall, to the extent rity of the intelligence community. COMMUNITY. practicable, work in conjunction with any (f) REPORT ON GUIDELINES AND LEGISLATION (a) REPORT.—Not later than one year after other such head or inspector general re- TO IMPROVE CYBERSECURITY OF THE UNITED the date of the enactment of this Act, and bi- quired to submit such a report for such cy- STATES.— ennially thereafter for four years, the Direc- bersecurity program. (1) INITIAL.—Not later than one year after tor of National Intelligence shall submit to (B) COORDINATION.—The heads of all of the the date of the enactment of this Act, the the congressional intelligence committees departments and agencies of the United Director of National Intelligence, in coordi- and the Committees on Armed Services of States required to submit a report under nation with the Attorney General, the Direc- the House of Representatives and the Senate paragraph (1) for a particular cybersecurity tor of the National Security Agency, the a report on the proficiency in foreign lan- program shall designate one such head to co- White House Cybersecurity Coordinator, and guages and, as appropriate, in foreign dia- ordinate the conduct of the reports on such any other officials the Director of National lects, of each element of the intelligence program. Intelligence considers appropriate, shall sub- community, including— mit to Congress a report containing guide- (1) the number of positions authorized for (c) INFORMATION SHARING REPORT.—Not lines or legislative recommendations, if ap- such element that require foreign language later than one year after the date of the en- propriate, to improve the capabilities of the proficiency and a description of the level of actment of this Act, the Inspector General of intelligence community and law enforce- proficiency required; the Department of Homeland Security and ment agencies to protect the cybersecurity (2) an estimate of the number of such posi- the Inspector General of the Intelligence of the United States. Such report shall in- tions that such element will require during Community shall jointly submit to Congress clude guidelines or legislative recommenda- the five-year period beginning on the date of and the President a report on the status of tions on— the submission of the report; the sharing of cyber-threat information, in- (A) improving the ability of the intel- (3) the number of positions authorized for cluding— ligence community to detect hostile actions such element that require foreign language (1) a description of how cyber-threat intel- and attribute attacks to specific parties; proficiency that are filled by— ligence information, including classified in- (B) the need for data retention require- (A) military personnel; and formation, is shared among the agencies and ments to assist the intelligence community (B) civilian personnel; departments of the United States and with and law enforcement agencies; (4) the number of applicants for positions persons responsible for critical infrastruc- (C) improving the ability of the intel- in such element in the preceding fiscal year ture; ligence community to anticipate nontradi- that indicated foreign language proficiency,

VerDate Mar 15 2010 22:04 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00083 Fmt 4637 Sfmt 0634 E:\RECORD10\RECFILES\S27SE0.REC S27SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7538 CONGRESSIONAL RECORD — SENATE September 27, 2010 including the foreign language indicated and ligence committees a report on the plans of positions that provide substantially similar the proficiency level; each such element to increase diversity functions during the preceding fiscal year; (5) the number of persons hired by such ele- within the intelligence community. (H) a description of positions that have ment with foreign language proficiency, in- (b) CONTENT.—The report required by sub- been or will be converted from contractor cluding the foreign language and a descrip- section (a) shall include specific implemen- employment to United States Government tion of the proficiency level of such persons; tation plans to increase diversity within employment during fiscal years 2011 and 2012; (6) the number of personnel of such ele- each element of the intelligence community, (I) an analysis of the oversight and ac- ment currently attending foreign language including— countability mechanisms applicable to per- training, including the provider of such (1) specific implementation plans for each sonal services contracts awarded for intel- training; such element designed to achieve the goals ligence activities by each element of the in- (7) a description of the efforts of such ele- articulated in the strategic plan of the Di- telligence community during fiscal years ment to recruit, hire, train, and retain per- rector of National Intelligence on equal em- 2009 and 2010; sonnel that are proficient in a foreign lan- ployment opportunity and diversity; (J) an analysis of procedures in use in the guage; (2) specific plans and initiatives for each intelligence community as of February 1, (8) an assessment of methods and models such element to increase recruiting and hir- 2011, for conducting oversight of contractors for basic, advanced, and intensive foreign ing of diverse candidates; to ensure identification and prosecution of language training utilized by such element; (3) specific plans and initiatives for each criminal violations, financial waste, fraud, (9) for each foreign language and, as appro- such element to improve retention of diverse or other abuses committed by contractors or priate, dialect of a foreign language— Federal employees at the junior, midgrade, contract personnel; and (A) the number of positions of such ele- senior, and management levels; (K) an identification of best practices for ment that require proficiency in the foreign (4) a description of specific diversity oversight and accountability mechanisms language or dialect; awareness training and education programs applicable to personal services contracts. (B) the number of personnel of such ele- for senior officials and managers of each (2) ACTIVITIES.—Activities described in this ment that are serving in a position that re- such element; and paragraph are the following: quires proficiency in the foreign language or (5) a description of performance metrics to (A) Intelligence collection. dialect to perform the primary duty of the measure the success of carrying out the (B) Intelligence analysis. position; plans, initiatives, and programs described in (C) Covert actions, including rendition, de- (C) the number of personnel of such ele- paragraphs (1) through (4). tention, and interrogation activities. (c) FORM.—The report required by sub- ment that are serving in a position that does SEC. 340. STUDY ON ELECTRONIC WASTE DE- not require proficiency in the foreign lan- section (a) shall be submitted in unclassified STRUCTION PRACTICES OF THE IN- guage or dialect to perform the primary duty form, but may include a classified annex. TELLIGENCE COMMUNITY. of the position; SEC. 339. REPORT ON INTELLIGENCE COMMU- (a) STUDY.—The Inspector General of the (D) the number of personnel of such ele- NITY CONTRACTORS. Intelligence Community shall conduct a ment rated at each level of proficiency of the (a) REQUIREMENT FOR REPORT.—Not later study on the electronic waste destruction Interagency Language Roundtable; than February 1, 2011, the Director of Na- practices of the intelligence community. (E) whether the number of personnel at tional Intelligence shall submit to the con- Such study shall assess— each level of proficiency of the Interagency gressional intelligence committees and the (1) the security of the electronic waste dis- Language Roundtable meets the require- Committees on Armed Services of the House posal practices of the intelligence commu- ments of such element; of Representatives and the Senate a report nity, including the potential for counter- (F) the number of personnel serving or describing the use of personal services con- intelligence exploitation of destroyed, dis- hired to serve as linguists for such element tracts across the intelligence community, carded, or recycled materials; that are not qualified as linguists under the the impact of the use of such contracts on (2) the environmental impact of such dis- standards of the Interagency Language the intelligence community workforce, plans posal practices; and Roundtable; for conversion of contractor employment (3) methods to improve the security and (G) the number of personnel hired to serve into United States Government employment, environmental impact of such disposal prac- as linguists for such element during the pre- and the accountability mechanisms that tices, including steps to prevent the forensic ceding calendar year; govern the performance of such personal exploitation of electronic waste. (H) the number of personnel serving as lin- services contracts. (b) REPORT.—Not later than one year after (b) CONTENT.— guists that discontinued serving such ele- the date of the enactment of this Act, the In- (1) IN GENERAL.—The report submitted ment during the preceding calendar year; spector General of the Intelligence Commu- under subsection (a) shall include— (I) the percentage of work requiring lin- nity shall submit to the congressional intel- (A) a description of any relevant regula- guistic skills that is fulfilled by a foreign ligence committees a report containing the tions or guidance issued by the Director of country, international organization, or other results of the study conducted under sub- National Intelligence or the head of an ele- foreign entity; and section (a). ment of the intelligence community and in (J) the percentage of work requiring lin- SEC. 341. REVIEW OF RECORDS RELATING TO PO- effect as of February 1, 2011, relating to min- guistic skills that is fulfilled by contractors; TENTIAL HEALTH RISKS AMONG imum standards required regarding the hir- DESERT STORM VETERANS. (10) an assessment of the foreign language ing, training, security clearance, and assign- (a) REVIEW.—The Director of the Central capacity and capabilities of the intelligence ment of contract personnel and how those Intelligence Agency shall conduct a classi- community as a whole; standards may differ from those for United fication review of the records of the Agency (11) an identification of any critical gaps in States Government employees performing that are relevant to the known or potential foreign language proficiency with respect to substantially similar functions; health effects suffered by veterans of Oper- such element and recommendations for (B) an identification of contracts in effect ation Desert Storm as described in the No- eliminating such gaps; during the preceding fiscal year under which vember 2008, report by the Department of (12) recommendations, if any, for elimi- the contractor is performing substantially Veterans Affairs Research Advisory Com- nating required reports relating to foreign- similar functions to a United States Govern- mittee on Gulf War Veterans’ Illnesses. language proficiency that the Director of Na- ment employee; (b) REPORT.—Not later than one year after tional Intelligence considers outdated or no (C) an assessment of costs incurred or sav- the date of the enactment of this Act, the longer relevant; and ings achieved during the preceding fiscal Director of the Central Intelligence Agency (13) an assessment of the feasibility of em- year by awarding contracts for the perform- shall submit to Congress the results of the ploying foreign nationals lawfully present in ance of such functions referred to in subpara- classification review conducted under sub- the United States who have previously graph (B) instead of using full-time employ- section (a), including the total number of worked as translators or interpreters for the records of the Agency that are relevant. ees of the elements of the intelligence com- Armed Forces or another department or (c) FORM.—The report required under sub- munity to perform such functions; agency of the United States Government in section (b) shall be submitted in unclassified (D) an assessment of the appropriateness of Iraq or Afghanistan to meet the critical lan- form, but may include a classified annex. using contractors to perform the activities guage needs of such element. SEC. 342. REVIEW OF FEDERAL BUREAU OF IN- described in paragraph (2); (b) FORM.—The report required under sub- VESTIGATION EXERCISE OF EN- section (a) shall be submitted in unclassified (E) an estimate of the number of contracts, FORCEMENT JURISDICTION IN FOR- form, but may include a classified annex. and the number of personnel working under EIGN NATIONS. SEC. 338. REPORT ON PLANS TO INCREASE DI- such contracts, related to the performance of Not later than 120 days after the date of VERSITY WITHIN THE INTEL- activities described in paragraph (2); the enactment of this Act, the Director of LIGENCE COMMUNITY. (F) a comparison of the compensation of the Federal Bureau of Investigation, in con- (a) REQUIREMENT FOR REPORT.—Not later contract employees and United States Gov- sultation with the Secretary of State, shall than one year after the date of the enact- ernment employees performing substantially submit to Congress a review of constraints ment of this Act, the Director of National similar functions during the preceding fiscal under international law and the laws of for- Intelligence, in coordination with the head year; eign nations to the assertion of enforcement of each element of the intelligence commu- (G) an analysis of the attrition of United jurisdiction with respect to criminal inves- nity, shall submit to the congressional intel- States Government employees for contractor tigations of terrorism offenses under the

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laws of the United States conducted by (6) a description of the steps the intel- (h) BIENNIAL REPORT ON FOREIGN INDUS- agents of the Federal Bureau of Investiga- ligence community is taking to enhance the TRIAL ESPIONAGE.—Subsection (b) of section tion in foreign nations and using funds made rigor and raise the standard of tradecraft of 809 of the Intelligence Authorization Act for available for the National Intelligence Pro- intelligence analysis related to uncovering Fiscal Year 1995 (50 U.S.C. App. 2170b) is gram, including constraints identified in sec- and preventing terrorist plots; amended— tion 432 of the Restatement (Third) of the (7) a description of the processes and proce- (1) in the heading, by striking ‘‘ANNUAL Foreign Relations Law of the United States. dures by which the intelligence community UPDATE’’ and inserting ‘‘BIENNIAL REPORT’’; SEC. 343. PUBLIC RELEASE OF INFORMATION ON prioritizes terrorism threat leads and the (2) by striking paragraphs (1) and (2) and PROCEDURES USED IN NARCOTICS standards used by elements of the intel- inserting the following new paragraph: AIRBRIDGE DENIAL PROGRAM IN ligence community to determine if follow-up ‘‘(1) REQUIREMENT TO SUBMIT.—Not later PERU. action is appropriate; than February 1, 2011, and once every two Not later than 30 days after the date of the (8) a description of the steps taken to en- years thereafter, the President shall submit enactment of this Act, the Director of the Central Intelligence Agency shall make pub- hance record information on possible terror- to the congressional intelligence committees licly available an unclassified version of the ists in the Terrorist Identities Datamart En- and congressional leadership a report updat- report of the Inspector General of the Cen- vironment; ing the information referred to in subsection tral Intelligence Agency entitled ‘‘Proce- (9) an assessment of how to meet the chal- (a)(1)D).’’; and dures Used in Narcotics Airbridge Denial lenge associated with exploiting the ever-in- (3) by redesignating paragraph (3) as para- Program in Peru, 1995–2001’’, dated August creasing volume of information available to graph (2). 25, 2008. the intelligence community; and (i) TABLE OF CONTENTS AMENDMENTS.— (1) NATIONAL SECURITY ACT OF 1947.—The SEC. 344. REPORT ON THREAT FROM DIRTY (10) a description of the steps the intel- BOMBS. ligence community has taken or will take to table of contents in the first section of the Not later than 180 days after the date of respond to any findings and recommenda- National Security Act of 1947, as amended by the enactment of this Act, the Director of tions of the congressional intelligence com- section 332 of this Act, is further amended— National Intelligence, in consultation with mittees, with respect to any such failures, (A) by striking the item relating to section the Nuclear Regulatory Commission, shall that have been transmitted to the Director 109; submit to Congress a report summarizing in- of National Intelligence. (B) by striking the item relating to section telligence related to the threat to the United SEC. 347. REPEAL OR MODIFICATION OF CERTAIN 114A; and States from weapons that use radiological REPORTING REQUIREMENTS. (C) by striking the item relating to section materials, including highly dispersible sub- (a) ANNUAL REPORT ON INTELLIGENCE.—Sec- 118 and inserting the following new item: stances such as cesium-137. tion 109 of the National Security Act of 1947 ‘‘Sec. 118. Annual report on financial intel- SEC. 345. REPORT ON CREATION OF SPACE IN- (50 U.S.C. 404d) is repealed. ligence on terrorist assets.’’. TELLIGENCE OFFICE. (b) ANNUAL AND SPECIAL REPORTS ON INTEL- (2) INTELLIGENCE AUTHORIZATION ACT FOR Not later than 60 days after the date of the LIGENCE SHARING WITH THE UNITED NA- FISCAL YEAR 2003.—The table of contents in enactment of this Act, the Director of Na- TIONS.—Section 112 of the National Security the first section of the Intelligence Author- tional Intelligence shall submit to Congress Act of 1947 (50 U.S.C. 404g) is amended— a report on the feasibility and advisability of (1) by striking subsection (b); and ization Act for Fiscal Year 2003 (Public Law creating a national space intelligence office (2) by redesignating subsections (c), (d), 107–306; 116 Stat. 2383) is amended by striking to manage space-related intelligence assets and (e) as subsections (b), (c), and (d), respec- the item relating to section 826. and access to such assets. tively. SEC. 348. INFORMATION ACCESS BY THE COMP- TROLLER GENERAL OF THE UNITED SEC. 346. REPORT ON ATTEMPT TO DETONATE (c) ANNUAL REPORT ON PROGRESS IN STATES. EXPLOSIVE DEVICE ON NORTHWEST AUDITABLE FINANCIAL STATEMENTS.—Section AIRLINES FLIGHT 253. 114A of the National Security Act of 1947 (50 (a) DNI DIRECTIVE GOVERNING ACCESS.— Not later than 180 days after the date of U.S.C. 404i–1) is repealed. (1) REQUIREMENT FOR DIRECTIVE.—The Di- the enactment of this Act, the Director of (d) REPORT ON FINANCIAL INTELLIGENCE ON rector of National Intelligence, in consulta- National Intelligence shall submit to Con- TERRORIST ASSETS.—Section 118 of the Na- tion with the Comptroller General of the gress a report on the attempt to detonate an tional Security Act of 1947 (50 U.S.C. 404m) is United States, shall issue a written directive explosive device aboard Northwest Airlines amended— governing the access of the Comptroller Gen- flight number 253 on December 25, 2009. Such (1) in the heading, by striking ‘‘SEMI- eral to information in the possession of an report shall describe the failures, if any, to ANNUAL’’ and inserting ‘‘ANNUAL’’; element of the intelligence community. share or analyze intelligence or other infor- (2) in subsection (a)— (2) AMENDMENT TO DIRECTIVE.—The Direc- mation and the measures that the intel- (A) in the heading, by striking ‘‘SEMI- tor of National Intelligence, in consultation ligence community has taken or will take to ANNUAL’’ and inserting ‘‘ANNUAL’’; with the Comptroller General, may issue an prevent such failures, including— (B) in the matter preceding paragraph (1)— amendment to the directive issued under (1) a description of the roles and respon- (i) by striking ‘‘semiannual basis’’ and in- paragraph (1) at any time the Director deter- sibilities of the counterterrorism analytic serting ‘‘annual basis’’; and mines such an amendment is appropriate. components of the intelligence community (ii) by striking ‘‘preceding six-month pe- (3) RELATIONSHIP TO OTHER LAWS.—The di- in synchronizing, correlating, and analyzing riod’’ and inserting ‘‘preceding one-year pe- rective issued under paragraph (1) and any all sources of intelligence related to ter- riod’’; amendment to such directive issued under rorism; (C) by striking paragraph (2); and paragraph (2) shall be consistent with the (2) an assessment of the technological ca- (D) by redesignating paragraphs (3) and (4) provisions of— pabilities of the United States Government as paragraphs (2) and (3), respectively; and (A) chapter 7 of title 31, United States to assess terrorist threats, including— (3) in subsection (d)— Code; and (A) a list of all databases used by counter- (A) in paragraph (1), by inserting ‘‘the (B) the National Security Act of 1947 (50 terrorism analysts; Committee on Armed Services,’’ after ‘‘the U.S.C. 401 et seq.). (B) a description of the steps taken by the Committee on Appropriations,’’; and (b) CONFIDENTIALITY OF INFORMATION.— intelligence community to integrate all rel- (B) in paragraph (2), by inserting ‘‘the (1) REQUIREMENT FOR CONFIDENTIALITY.— evant terrorist databases and allow for cross- Committee on Armed Services,’’ after ‘‘the The Comptroller General of the United database searches; Committee on Appropriations,’’. States shall ensure that the level of con- (C) a description of the steps taken by the (e) ANNUAL CERTIFICATION ON COUNTER- fidentiality of information made available to intelligence community to correlate bio- INTELLIGENCE INITIATIVES.—Section 1102(b) of the Comptroller General pursuant to the di- graphic information with terrorism-related the National Security Act of 1947 (50 U.S.C. rective issued under subsection (a)(1) or an intelligence; and 442a(b)) is amended— amendment to such directive issued under (D) a description of the improvements to (1) by striking ‘‘(1)’’; and subsection (a)(2) is not less than the level of information technology needed to enable the (2) by striking paragraph (2). confidentiality of such information required United States Government to better share (f) REPORT AND CERTIFICATION UNDER TER- of the head of the element of the intelligence information; RORIST IDENTIFICATION CLASSIFICATION SYS- community from which such information (3) any recommendations that the Director TEM.—Section 343 of the Intelligence Author- was obtained. considers appropriate for legislation to im- ization Act for Fiscal Year 2003 (50 U.S.C. (2) PENALTIES FOR UNAUTHORIZED DISCLO- prove the sharing of intelligence or informa- 404n–2) is amended— SURE.—An officer or employee of the Govern- tion relating to terrorists; (1) by striking subsection (d); and ment Accountability Office shall be subject (4) a description of the steps taken by the (2) by redesignating subsections (e), (f), (g), to the same statutory penalties for unau- intelligence community to train analysts on and (h) as subsections (d), (e), (f), and (g), re- thorized disclosure or use of such informa- watchlisting processes and procedures; spectively. tion as an officer or employee of the element (5) a description of the manner in which (g) ANNUAL REPORT ON COUNTERDRUG IN- of the intelligence community from which watchlisting information is entered, re- TELLIGENCE MATTERS.—Section 826 of the In- such information was obtained. viewed, searched, analyzed, and acted upon telligence Authorization Act for Fiscal Year (c) SUBMISSION TO CONGRESS.— by the relevant elements of the United 2003 (Public Law 107–306; 21 U.S.C. 873 note) is (1) SUBMISSION OF DIRECTIVE.—The direc- States Government; repealed. tive issued under subsection (a)(1) shall be

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Paragraph (1) of section 102(b) of the De- (2) SUBMISSION OF AMENDMENT.—Any (2) DISCLOSURE OF AGENT AFTER ACCESS TO partment of Justice and Related Agencies amendment to such directive issued under CLASSIFIED INFORMATION.—Subsection (b) of subsection (a)(2) shall be submitted to Con- such section is amended by striking ‘‘five Appropriations Act, 1993 (Public Law 102–395; gress by the Director, together with any years’’ and inserting ‘‘10 years’’. 28 U.S.C. 533 note) is amended in the flush text following subparagraph (D) by striking comments of the Comptroller General. (b) MODIFICATIONS TO ANNUAL REPORT ON ‘‘(or, if designated by the Director, the As- (d) EFFECTIVE DATE.—The directive issued PROTECTION OF INTELLIGENCE IDENTITIES.— under subsection (a)(1) and any amendment The first sentence of section 603(a) of the Na- sistant Director, Intelligence Division) and to such directive issued under subsection tional Security Act of 1947 (50 U.S.C. 423(a)) the Attorney General (or, if designated by (a)(2) shall take effect 60 days after the date is amended by inserting ‘‘including an as- the Attorney General, the Assistant Attor- such directive or amendment is submitted to sessment of the need, if any, for modification ney General for National Security)’’ and in- Congress under subsection (c), unless the Di- of this title for the purpose of improving serting ‘‘(or a designee of the Director who is rector determines that for reasons of na- legal protections for covert agents,’’ after in a position not lower than Deputy Assist- tional security the directive or amendment ‘‘measures to protect the identities of covert ant Director in the National Security should take effect sooner. agents,’’. Branch or a similar successor position) and the Attorney General (or a designee of the SEC. 349. CONFORMING AMENDMENTS FOR RE- SEC. 364. NATIONAL INTELLIGENCE PROGRAM Attorney General who is in the National Se- PORT SUBMISSION DATES. BUDGET. curity Division in a position not lower than Section 507 of the National Security Act of Section 601 of the Implementing Rec- Deputy Assistant Attorney General or a 1947 (50 U.S.C. 415b) is amended— ommendations of the 9/11 Commission Act of similar successor position)’’. (1) in subsection (a)— 2007 (50 U.S.C. 415c) is amended to read as fol- (A) in paragraph (1)— lows: SEC. 367. SECURITY CLEARANCES: REPORTS; RECIPROCITY. (i) by striking subparagraphs (A), (B), and ‘‘SEC. 601. AVAILABILITY TO PUBLIC OF CERTAIN (a) REPORTS RELATING TO SECURITY CLEAR- (G); INTELLIGENCE FUNDING INFORMA- (ii) by redesignating subparagraphs (C), TION. ANCES.— (1) QUADRENNIAL AUDIT; SECURITY CLEAR- (D), (E), (F), (H), (I), and (N) as subpara- ‘‘(a) BUDGET REQUEST.—At the time that ANCE DETERMINATIONS.— graphs (A), (B), (C), (D), (E), (F), and (G), re- the President submits to Congress the budg- (A) IN GENERAL.—Title V of the National spectively; and et for a fiscal year pursuant to section 1105 Security Act of 1947 (50 U.S.C. 413 et seq.), as (iii) by adding at the end the following new of title 31, United States Code, the President amended by section 325 of this Act, is further subparagraphs: shall disclose to the public the aggregate amended by inserting after section 506G, as ‘‘(H) The annual report on outside employ- amount of appropriations requested for that added by section 325(a), the following new ment of employees of elements of the intel- fiscal year for the National Intelligence Pro- section: ligence community required by section gram. 102A(u)(2). ‘‘(b) AMOUNTS APPROPRIATED EACH FISCAL ‘‘REPORTS ON SECURITY CLEARANCES ‘‘(I) The annual report on financial intel- YEAR.—Not later than 30 days after the end ‘‘SEC. 506H. (a) QUADRENNIAL AUDIT OF PO- ligence on terrorist assets required by sec- of each fiscal year, the Director of National SITION REQUIREMENTS.—(1) The President tion 118.’’; and Intelligence shall disclose to the public the shall every four years conduct an audit of (B) in paragraph (2), by striking subpara- aggregate amount of funds appropriated by the manner in which the executive branch graphs (C) and (D); and Congress for the National Intelligence Pro- determines whether a security clearance is (2) in subsection (b), by striking paragraph gram for such fiscal year. required for a particular position in the (6). ‘‘(c) WAIVER.— United States Government. Subtitle E—Other Matters ‘‘(1) IN GENERAL.—The President may waive ‘‘(2) Not later than 30 days after the com- SEC. 361. EXTENSION OF AUTHORITY TO DELETE or postpone the disclosure required by sub- pletion of an audit conducted under para- INFORMATION ABOUT RECEIPT AND section (a) or (b) for a fiscal year by submit- graph (1), the President shall submit to Con- DISPOSITION OF FOREIGN GIFTS ting to the Select Committee on Intelligence gress the results of such audit. AND DECORATIONS. of the Senate and Permanent Select Com- ‘‘(b) REPORT ON SECURITY CLEARANCE DE- Paragraph (4) of section 7342(f) of title 5, mittee on Intelligence of the House of Rep- TERMINATIONS.—(1) Not later than February 1 United States Code, is amended to read as resentatives— of each year, the President shall submit to follows: ‘‘(A) a statement, in unclassified form, Congress a report on the security clearance ‘‘(4)(A) In transmitting such listings for an that the disclosure required in subsection (a) process. Such report shall include, for each element of the intelligence community, the or (b) for that fiscal year would damage na- security clearance level— head of such element may delete the infor- tional security; and ‘‘(A) the number of employees of the mation described in subparagraph (A) or (C) ‘‘(B) a statement detailing the reasons for United States Government who— of paragraph (2) or in subparagraph (A) or (C) the waiver or postponement, which may be ‘‘(i) held a security clearance at such level of paragraph (3) if the head of such element submitted in classified form. as of October 1 of the preceding year; and certifies in writing to the Secretary of State ‘‘(2) SUBMISSION DATES.—The President ‘‘(ii) were approved for a security clearance that the publication of such information shall submit the statements required under at such level during the preceding fiscal could adversely affect United States intel- paragraph (1)— year; ligence sources or methods. ‘‘(A) in the case of a waiver or postpone- ‘‘(B) the number of contractors to the ‘‘(B) Any information not provided to the ment of a disclosure required under sub- United States Government who— Secretary of State pursuant to the authority section (a), at the time of the submission of ‘‘(i) held a security clearance at such level in subparagraph (A) shall be transmitted to the budget for the fiscal year for which such as of October 1 of the preceding year; and the Director of National Intelligence who disclosure is waived or postponed; and ‘‘(ii) were approved for a security clearance shall keep a record of such information. ‘‘(B) in the case of a waiver or postpone- at such level during the preceding fiscal ‘‘(C) In this paragraph, the term ‘intel- ment of a disclosure required under sub- year; and ligence community’ has the meaning given section (b), not later than 30 days after the ‘‘(C) for each element of the intelligence that term in section 3(4) of the National Se- date of the end of the fiscal year for which community— curity Act of 1947 (50 U.S.C. 401a(4)).’’. such disclosure is waived or postponed. ‘‘(i) the total amount of time it took to SEC. 362. MODIFICATION OF AVAILABILITY OF ‘‘(d) DEFINITION.—As used in this section, process the security clearance determination FUNDS FOR DIFFERENT INTEL- the term ‘National Intelligence Program’ has for such level that— LIGENCE ACTIVITIES. the meaning given the term in section 3(6) of ‘‘(I) was among the 80 percent of security Subparagraph (B) of section 504(a)(3) of the the National Security Act of 1947 (50 U.S.C. clearance determinations made during the National Security Act of 1947 (50 U.S.C. 401a(6)).’’. preceding fiscal year that took the shortest 414(a)(3)) is amended to read as follows: SEC. 365. IMPROVING THE REVIEW AUTHORITY amount of time to complete; and ‘‘(B) the use of such funds for such activity OF THE PUBLIC INTEREST DECLAS- ‘‘(II) took the longest amount of time to supports an emergent need, improves pro- SIFICATION BOARD. complete; gram effectiveness, or increases efficiency; Paragraph (5) of section 703(b) of the Public ‘‘(ii) the total amount of time it took to and’’. Interest Declassification Act of 2000 (50 process the security clearance determination SEC. 363. PROTECTION OF CERTAIN NATIONAL U.S.C. 435 note) is amended— for such level that— SECURITY INFORMATION. (1) by striking ‘‘jurisdiction,’’ and insert- ‘‘(I) was among the 90 percent of security (a) INCREASE IN PENALTIES FOR DISCLOSURE ing ‘‘jurisdiction or by a member of the com- clearance determinations made during the OF UNDERCOVER INTELLIGENCE OFFICERS AND mittee of jurisdiction,’’; and preceding fiscal year that took the shortest AGENTS.— (2) by inserting ‘‘, to evaluate the proper amount of time to complete; and (1) DISCLOSURE OF AGENT AFTER ACCESS TO classification of certain records,’’ after ‘‘cer- ‘‘(II) took the longest amount of time to INFORMATION IDENTIFYING AGENT.—Sub- tain records’’. complete;

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‘‘(iii) the number of pending security clear- (b) SECURITY CLEARANCE RECIPROCITY.— (b) IDENTIFICATION OF SENIOR INTELLIGENCE ance investigations for such level as of Octo- (1) AUDIT.—The Inspector General of the MANAGEMENT OFFICIALS.— ber 1 of the preceding year that have re- Intelligence Community shall conduct an (1) REQUIREMENT TO IDENTIFY.—Not later mained pending for— audit of the reciprocity of security clear- than 30 days after the date of the enactment ‘‘(I) 4 months or less; ances among the elements of the intelligence of this Act, the head of a covered element of ‘‘(II) between 4 months and 8 months; community. the intelligence community shall designate a ‘‘(III) between 8 months and one year; and (2) REPORT.—Not later than 180 days after senior intelligence management official of ‘‘(IV) more than one year; the date of the enactment of this Act, the In- such element to be responsible for correcting ‘‘(iv) the percentage of reviews during the spector General of the Intelligence Commu- each long-standing, correctable material preceding fiscal year that resulted in a de- nity shall submit to the congressional intel- weakness of such element. nial or revocation of a security clearance; ligence committees a report containing the (2) HEAD OF A COVERED ELEMENT OF THE IN- ‘‘(v) the percentage of investigations dur- results of the audit conducted under para- TELLIGENCE COMMUNITY.—The head of a cov- ing the preceding fiscal year that resulted in graph (1). Such report shall include an as- ered element of the intelligence community incomplete information; sessment of the time required to obtain a re- may designate himself or herself as the sen- ‘‘(vi) the percentage of investigations dur- ciprocal security clearance for— ior intelligence management official respon- ing the preceding fiscal year that did not re- (A) an employee of an element of the intel- sible for correcting a long-standing, correct- sult in enough information to make a deci- ligence community detailed to another ele- able material weakness under paragraph (1). sion on potentially adverse information; and ment of the intelligence community; (3) REQUIREMENT TO UPDATE DESIGNATION.— ‘‘(vii) for security clearance determina- (B) an employee of an element of the intel- If the head of a covered element of the intel- tions completed or pending during the pre- ligence community seeking permanent em- ligence community determines that a senior ceding fiscal year that have taken longer ployment with another element of the intel- intelligence management official designated than one year to complete— ligence community; and under paragraph (1) is no longer responsible ‘‘(I) the number of security clearance de- (C) a contractor seeking permanent em- for correcting a long-standing, correctable terminations for positions as employees of ployment with an element of the intelligence material weakness, the head of such element the United States Government that required community. shall designate the successor to such official more than one year to complete; (3) FORM.—The report required under para- not later than 10 days after the date of such ‘‘(II) the number of security clearance de- graph (2) shall be submitted in unclassified determination. form, but may include a classified annex. terminations for contractors that required (c) NOTIFICATION.—Not later than 10 days more than one year to complete; SEC. 368. CORRECTING LONG-STANDING MATE- after the date on which the head of a covered ‘‘(III) the agencies that investigated and RIAL WEAKNESSES. element of the intelligence community has (a) DEFINITIONS.—In this section: adjudicated such determinations; and designated a senior intelligence management (1) COVERED ELEMENT OF THE INTELLIGENCE ‘‘(IV) the cause of significant delays in official pursuant to paragraph (1) or (3) of COMMUNITY.—The term ‘‘covered element of such determinations. subsection (b), the head of such element the intelligence community’’ means— ‘‘(2) For purposes of paragraph (1), the shall provide written notification of such (A) the Central Intelligence Agency; President may consider— designation to the Director of National In- (B) the Defense Intelligence Agency; ‘‘(A) security clearances at the level of telligence and to such senior intelligence (C) the National Geospatial-Intelligence confidential and secret as one security clear- management official. ance level; and Agency; (D) the National Reconnaissance Office; or (d) CORRECTION OF LONG-STANDING, MATE- ‘‘(B) security clearances at the level of top (E) the National Security Agency. RIAL WEAKNESS.— secret or higher as one security clearance (2) INDEPENDENT AUDITOR.—The term ‘‘inde- (1) DETERMINATION OF CORRECTION OF DEFI- level. pendent auditor’’ means an individual who— CIENCY.—If a long-standing, correctable ma- ‘‘(c) FORM.—The results required under terial weakness is corrected, the senior intel- subsection (a)(2) and the reports required (A)(i) is a Federal, State, or local govern- ment auditor who meets the independence ligence management official who is respon- under subsection (b)(1) shall be submitted in sible for correcting such long-standing, cor- unclassified form, but may include a classi- standards included in generally accepted government auditing standards; or rectable material weakness shall make and fied annex.’’. (ii) is a public accountant who meets such issue a determination of the correction. (B) INITIAL AUDIT.—The first audit required independence standards; and (2) BASIS FOR DETERMINATION.—The deter- to be conducted under section 506H(a)(1) of (B) is designated as an auditor by the Di- mination of the senior intelligence manage- the National Security Act of 1947, as added rector of National Intelligence or the head of ment official under paragraph (1) shall be by subparagraph (A) of this paragraph, shall a covered element of the intelligence com- based on the findings of an independent re- be completed not later than February 1, 2011. munity, as appropriate. view. (C) TABLE OF CONTENTS AMENDMENT.—The (3) INDEPENDENT REVIEW.—The term ‘‘inde- (3) NOTIFICATION AND SUBMISSION OF FIND- table of contents in the first section of such pendent review’’ means an audit, attesta- INGS.—A senior intelligence management of- Act, as amended by section 347(i) of this Act, tion, or examination conducted by an inde- ficial who makes a determination under is further amended by inserting after the pendent auditor in accordance with gen- paragraph (1) shall— item relating to section 506G, as added by erally accepted government auditing stand- (A) notify the head of the appropriate cov- section 325 of this Act, the following new ards. ered element of the intelligence community item: (4) LONG-STANDING, CORRECTABLE MATERIAL of such determination at the time the deter- ‘‘Sec. 506H. Reports on security clear- WEAKNESS.—The term ‘‘long-standing, cor- mination is made; and ances.’’. rectable material weakness’’ means a mate- (B) ensure that the independent auditor (2) REPORT ON METRICS FOR ADJUDICATION rial weakness— whose findings are the basis of a determina- QUALITY.—Not later than 180 days after the (A) that was first reported in the annual fi- tion under paragraph (1) submits to the head date of the enactment of this Act, the Presi- nancial report of a covered element of the in- of the covered element of the intelligence dent shall submit to Congress a report on se- telligence community for a fiscal year prior community and the Director of National In- curity clearance investigations and adjudica- to fiscal year 2007; and telligence the findings that such determina- tions. Such report shall include— (B) the correction of which is not substan- tion is based on not later than 5 days after (A) United States Government-wide adju- tially dependent on a business system that the date on which such determination is dication guidelines and metrics for adjudica- was not implemented prior to the end of fis- made. tion quality; cal year 2010. (e) CONGRESSIONAL OVERSIGHT.—The head (B) a plan to improve the professional de- (5) MATERIAL WEAKNESS.—The term ‘‘mate- of a covered element of the intelligence com- velopment of security clearance adjudica- rial weakness’’ has the meaning given that munity shall notify the congressional intel- tors; term under the Office of Management and ligence committees not later than 30 days (C) metrics to evaluate the effectiveness of Budget Circular A–123, entitled ‘‘Manage- after the date— interagency clearance reciprocity; ment’s Responsibility for Internal Control,’’ (1) on which a senior intelligence manage- (D) United States Government-wide inves- revised December 21, 2004. ment official is designated under paragraph tigation standards and metrics for investiga- (6) SENIOR INTELLIGENCE MANAGEMENT OFFI- (1) or (3) of subsection (b) and notified under tion quality; and CIAL.—The term ‘‘senior intelligence man- subsection (c); or (E) the advisability, feasibility, counter- agement official’’ means an official within a (2) of the correction of a long-standing, intelligence risk, and cost effectiveness of— covered element of the intelligence commu- correctable material weakness, as verified by (i) by not later than January 1, 2012, re- nity who is— an independent auditor under subsection quiring the investigation and adjudication of (A)(i) compensated under the Senior Intel- (d)(2). security clearances to be conducted by not ligence Service pay scale; or SEC. 369. INTELLIGENCE COMMUNITY FINANCIAL more than two Federal agencies; and (ii) the head of a covered element of the in- IMPROVEMENT AND AUDIT READI- (ii) by not later than January 1, 2015, re- telligence community; and NESS. quiring the investigation and adjudication of (B) compensated for employment with Not later than 180 days after the date of security clearances to be conducted by not funds appropriated pursuant to an authoriza- the enactment of this Act, the Director of more than one Federal agency. tion of appropriations in this Act. National Intelligence shall—

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(1) conduct a review of the status of the made available to such department or agen- ‘‘(c) INSPECTOR GENERAL OF THE INTEL- auditability compliance of each element of cy. LIGENCE COMMUNITY.—(1) There is an Inspec- the intelligence community; and SEC. 403. LOCATION OF THE OFFICE OF THE DI- tor General of the Intelligence Community, (2) develop a plan and schedule to achieve RECTOR OF NATIONAL INTEL- who shall be the head of the Office of the In- a full, unqualified audit of each element of LIGENCE. spector General of the Intelligence Commu- the intelligence community not later than Subsection (e) of section 103 of the Na- nity, who shall be appointed by the Presi- September 30, 2013. tional Security Act of 1947 (50 U.S.C. 403–3) is dent, by and with the advice and consent of amended to read as follows: TITLE IV—MATTERS RELATING TO ELE- the Senate. ‘‘(e) LOCATION OF THE OFFICE OF THE DIREC- MENTS OF THE INTELLIGENCE COMMU- TOR OF NATIONAL INTELLIGENCE.—The head- ‘‘(2) The nomination of an individual for NITY quarters of the Office of the Director of Na- appointment as Inspector General shall be Subtitle A—Office of the Director of National tional Intelligence may be located in the made— Intelligence Washington metropolitan region, as that ‘‘(A) without regard to political affiliation; SEC. 401. ACCOUNTABILITY REVIEWS BY THE DI- term is defined in section 8301 of title 40, ‘‘(B) on the basis of integrity, compliance RECTOR OF NATIONAL INTEL- United States Code.’’. with security standards of the intelligence LIGENCE. SEC. 404. TITLE AND APPOINTMENT OF CHIEF IN- community, and prior experience in the field Subsection (f) of section 102A of the Na- FORMATION OFFICER OF THE IN- of intelligence or national security; and tional Security Act of 1947 (50 U.S.C. 403–1) is TELLIGENCE COMMUNITY. ‘‘(C) on the basis of demonstrated ability amended— Section 103G of the National Security Act in accounting, financial analysis, law, man- (1) by redesignating paragraphs (7) and (8) of 1947 (50 U.S.C. 403–3g) is amended— agement analysis, public administration, or as paragraphs (8) and (9), respectively; and (1) in subsection (a)— investigations. (2) by inserting after paragraph (6) the fol- (A) by inserting ‘‘of the Intelligence Com- ‘‘(3) The Inspector General shall report di- lowing new paragraph: munity’’ after ‘‘Chief Information Officer’’; rectly to and be under the general super- ‘‘(7)(A) The Director of National Intel- and vision of the Director of National Intel- ligence shall, if the Director determines it is (B) by striking ‘‘President,’’ and all that ligence. follows and inserting ‘‘President.’’; necessary, or may, if requested by a congres- ‘‘(4) The Inspector General may be removed (2) by striking subsection (b) and redesig- sional intelligence committee, conduct an from office only by the President. The Presi- nating subsections (c) and (d) as subsections accountability review of an element of the dent shall communicate in writing to the (b) and (c), respectively; intelligence community or the personnel of congressional intelligence committees the (3) in subsection (b) (as so redesignated), by such element in relation to a failure or defi- reasons for the removal not later than 30 inserting ‘‘of the Intelligence Community’’ ciency within the intelligence community. days prior to the effective date of such re- after ‘‘Chief Information Officer’’; and ‘‘(B) The Director of National Intelligence, moval. Nothing in this paragraph shall be (4) in subsection (c) (as so redesignated), by in consultation with the Attorney General, construed to prohibit a personnel action oth- inserting ‘‘of the Intelligence Community’’ shall establish guidelines and procedures for erwise authorized by law, other than transfer before ‘‘may not’’. conducting an accountability review under or removal. subparagraph (A). SEC. 405. INSPECTOR GENERAL OF THE INTEL- ‘‘(C)(i) The Director of National Intel- LIGENCE COMMUNITY. ‘‘(d) ASSISTANT INSPECTORS GENERAL.— ligence shall provide the findings of an ac- (a) ESTABLISHMENT.— Subject to the policies of the Director of Na- countability review conducted under sub- (1) IN GENERAL.—Title I of the National Se- tional Intelligence, the Inspector General of paragraph (A) and the Director’s rec- curity Act of 1947 (50 U.S.C. 402 et seq.), as the Intelligence Community shall— ommendations for corrective or punitive ac- amended by section 347 of this Act, is further ‘‘(1) appoint an Assistant Inspector Gen- tion, if any, to the head of the applicable ele- amended by inserting after section 103G the eral for Audit who shall have the responsi- ment of the intelligence community. Such following new section: bility for supervising the performance of au- recommendations may include a rec- ‘‘INSPECTOR GENERAL OF THE INTELLIGENCE diting activities relating to programs and ommendation for dismissal of personnel. COMMUNITY activities within the responsibility and au- thority of the Director; ‘‘(ii) If the head of such element does not ‘‘SEC. 103H. (a) OFFICE OF INSPECTOR GEN- ‘‘(2) appoint an Assistant Inspector Gen- implement a recommendation made by the ERAL OF THE INTELLIGENCE COMMUNITY.— Director under clause (i), the head of such There is within the Office of the Director of eral for Investigations who shall have the re- element shall submit to the congressional in- National Intelligence an Office of the Inspec- sponsibility for supervising the performance telligence committees a notice of the deter- tor General of the Intelligence Community. of investigative activities relating to such mination not to implement the recommenda- ‘‘(b) PURPOSE.—The purpose of the Office of programs and activities; and tion, including the reasons for the deter- the Inspector General of the Intelligence ‘‘(3) appoint other Assistant Inspectors mination. Community is— General that, in the judgment of the Inspec- ‘‘(D) The requirements of this paragraph ‘‘(1) to create an objective and effective of- tor General, are necessary to carry out the shall not be construed to limit any authority fice, appropriately accountable to Congress, duties of the Inspector General. of the Director of National Intelligence to initiate and conduct independent inves- ‘‘(e) DUTIES AND RESPONSIBILITIES.—It shall under subsection (m) or with respect to su- tigations, inspections, audits, and reviews on be the duty and responsibility of the Inspec- pervision of the Central Intelligence Agen- programs and activities within the responsi- tor General of the Intelligence Community— cy.’’. bility and authority of the Director of Na- ‘‘(1) to provide policy direction for, and to SEC. 402. AUTHORITIES FOR INTELLIGENCE IN- tional Intelligence; plan, conduct, supervise, and coordinate FORMATION SHARING. ‘‘(2) to provide leadership and coordination independently, the investigations, inspec- (a) AUTHORITIES FOR INTERAGENCY FUND- and recommend policies for activities de- tions, audits, and reviews relating to pro- ING.—Section 102A(d)(2) of the National Se- signed— grams and activities within the responsi- curity Act of 1947 (50 U.S.C. 403–1(d)(2)) is ‘‘(A) to promote economy, efficiency, and bility and authority of the Director of Na- amended by striking ‘‘Program to another effectiveness in the administration and im- tional Intelligence; such program.’’ and inserting ‘‘Program— plementation of such programs and activi- ‘‘(2) to keep the Director of National Intel- ‘‘(A) to another such program; ties; and ligence fully and currently informed con- ‘‘(B) to other departments or agencies of ‘‘(B) to prevent and detect fraud and abuse cerning violations of law and regulations, the United States Government for the devel- in such programs and activities; fraud, and other serious problems, abuses, opment and fielding of systems of common ‘‘(3) to provide a means for keeping the Di- and deficiencies relating to the programs concern related to the collection, processing, rector of National Intelligence fully and cur- and activities within the responsibility and analysis, exploitation, and dissemination of rently informed about— authority of the Director, to recommend cor- intelligence information; or ‘‘(A) problems and deficiencies relating to rective action concerning such problems, and ‘‘(C) to a program funded by appropriations the administration of programs and activi- to report on the progress made in imple- not within the National Intelligence Pro- ties within the responsibility and authority menting such corrective action; gram to address critical gaps in intelligence of the Director of National Intelligence; and ‘‘(3) to take due regard for the protection information sharing or access capabilities.’’. ‘‘(B) the necessity for, and the progress of, of intelligence sources and methods in the (b) AUTHORITIES OF HEADS OF OTHER DE- corrective actions; and preparation of all reports issued by the In- PARTMENTS AND AGENCIES.—Notwithstanding ‘‘(4) in the manner prescribed by this sec- spector General, and, to the extent con- any other provision of law, the head of any tion, to ensure that the congressional intel- sistent with the purpose and objective of department or agency of the United States is ligence committees are kept similarly in- such reports, take such measures as may be authorized to receive and utilize funds made formed of— appropriate to minimize the disclosure of in- available to the department or agency by the ‘‘(A) significant problems and deficiencies telligence sources and methods described in Director of National Intelligence pursuant to relating to programs and activities within such reports; and section 102A(d)(2) of the National Security the responsibility and authority of the Di- ‘‘(4) in the execution of the duties and re- Act of 1947 (50 U.S.C. 403–1(d)(2)), as amended rector of National Intelligence; and sponsibilities under this section, to comply by subsection (a), and receive and utilize any ‘‘(B) the necessity for, and the progress of, with generally accepted government audit- system referred to in such section that is corrective actions. ing.

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‘‘(f) LIMITATIONS ON ACTIVITIES.—(1) The sure is unavoidable during the course of the eral concerned may request the assistance of Director of National Intelligence may pro- investigation or the disclosure is made to an the Intelligence Community Inspectors Gen- hibit the Inspector General of the Intel- official of the Department of Justice respon- eral Forum established under paragraph (2). ligence Community from initiating, carrying sible for determining whether a prosecution In the event of a dispute between an inspec- out, or completing any investigation, inspec- should be undertaken; and tor general within a department or agency of tion, audit, or review if the Director deter- ‘‘(B) no action constituting a reprisal, or the United States Government and the In- mines that such prohibition is necessary to threat of reprisal, for making such com- spector General of the Intelligence Commu- protect vital national security interests of plaint or disclosing such information to the nity that has not been resolved with the as- the United States. Inspector General may be taken by any em- sistance of such Forum, the inspectors gen- ‘‘(2) Not later than seven days after the ployee in a position to take such actions, un- eral shall submit the question to the Direc- date on which the Director exercises the au- less the complaint was made or the informa- tor of National Intelligence and the head of thority under paragraph (1), the Director tion was disclosed with the knowledge that the affected department or agency for reso- shall submit to the congressional intel- it was false or with willful disregard for its lution. ligence committees an appropriately classi- truth or falsity. ‘‘(2)(A) There is established the Intel- fied statement of the reasons for the exercise ‘‘(4) The Inspector General shall have the ligence Community Inspectors General of such authority. authority to administer to or take from any Forum, which shall consist of all statutory ‘‘(3) The Director shall advise the Inspector person an oath, affirmation, or affidavit, or administrative inspectors general with General at the time a statement under para- whenever necessary in the performance of oversight responsibility for an element of graph (2) is submitted, and, to the extent the duties of the Inspector General, which the intelligence community. consistent with the protection of intel- oath, affirmation, or affidavit when adminis- ‘‘(B) The Inspector General of the Intel- ligence sources and methods, provide the In- tered or taken by or before an employee of ligence Community shall serve as the Chair spector General with a copy of such state- the Office of the Inspector General of the In- of the Forum established under subpara- ment. telligence Community designated by the In- graph (A). The Forum shall have no adminis- ‘‘(4) The Inspector General may submit to spector General shall have the same force trative authority over any inspector general, the congressional intelligence committees and effect as if administered or taken by, or but shall serve as a mechanism for informing any comments on the statement of which the before, an officer having a seal. its members of the work of individual mem- Inspector General has notice under para- ‘‘(5)(A) Except as provided in subparagraph bers of the Forum that may be of common graph (3) that the Inspector General con- (B), the Inspector General is authorized to interest and discussing questions about ju- siders appropriate. require by subpoena the production of all in- risdiction or access to employees, employees ‘‘(g) AUTHORITIES.—(1) The Inspector Gen- formation, documents, reports, answers, of contract personnel, records, audits, re- eral of the Intelligence Community shall records, accounts, papers, and other data in views, documents, recommendations, or have direct and prompt access to the Direc- any medium (including electronically stored other materials that may involve or be of as- tor of National Intelligence when necessary information, as well as any tangible thing) sistance to more than one of its members. for any purpose pertaining to the perform- and documentary evidence necessary in the ‘‘(3) The inspector general conducting an ance of the duties of the Inspector General. performance of the duties and responsibil- investigation, inspection, audit, or review ‘‘(2)(A) The Inspector General shall, sub- ities of the Inspector General. covered by paragraph (1) shall submit the re- ject to the limitations in subsection (f), ‘‘(B) In the case of departments, agencies, sults of such investigation, inspection, audit, make such investigations and reports relat- and other elements of the United States Gov- or review to any other inspector general, in- ing to the administration of the programs ernment, the Inspector General shall obtain cluding the Inspector General of the Intel- and activities within the authorities and re- information, documents, reports, answers, ligence Community, with jurisdiction to con- sponsibilities of the Director as are, in the records, accounts, papers, and other data and duct such investigation, inspection, audit, or judgment of the Inspector General, necessary evidence for the purpose specified in sub- review who did not conduct such investiga- or desirable. paragraph (A) using procedures other than tion, inspection, audit, or review. OUNSEL TO THE INSPECTOR GENERAL.— ‘‘(B) The Inspector General shall have ac- by subpoenas. ‘‘(i) C (1) The Inspector General of the Intelligence cess to any employee, or any employee of a ‘‘(C) The Inspector General may not issue a Community shall— contractor, of any element of the intel- subpoena for, or on behalf of, any component ‘‘(A) appoint a Counsel to the Inspector ligence community needed for the perform- of the Office of the Director of National In- General who shall report to the Inspector ance of the duties of the Inspector General. telligence or any element of the intelligence ‘‘(C) The Inspector General shall have di- community, including the Office of the Di- General; or rect access to all records, reports, audits, re- rector of National Intelligence. ‘‘(B) obtain the services of a counsel ap- views, documents, papers, recommendations, ‘‘(D) In the case of contumacy or refusal to pointed by and directly reporting to another or other materials that relate to the pro- obey a subpoena issued under this paragraph, inspector general or the Council of the In- grams and activities with respect to which the subpoena shall be enforceable by order of spectors General on Integrity and Efficiency the Inspector General has responsibilities any appropriate district court of the United on a reimbursable basis. States. ‘‘(2) The counsel appointed or obtained under this section. ‘‘(6) The Inspector General may obtain ‘‘(D) The level of classification or under paragraph (1) shall perform such func- services as authorized by section 3109 of title tions as the Inspector General may pre- compartmentation of information shall not, 5, United States Code, at rates for individ- scribe. in and of itself, provide a sufficient rationale uals not to exceed the daily equivalent of the ‘‘(j) STAFF AND OTHER SUPPORT.—(1) The for denying the Inspector General access to maximum annual rate of basic pay payable Director of National Intelligence shall pro- any materials under subparagraph (C). for grade GS–15 of the General Schedule vide the Inspector General of the Intel- ‘‘(E) The Director, or on the recommenda- under section 5332 of title 5, United States ligence Community with appropriate and tion of the Director, another appropriate of- Code. adequate office space at central and field of- ficial of the intelligence community, shall ‘‘(7) The Inspector General may, to the ex- fice locations, together with such equipment, take appropriate administrative actions tent and in such amounts as may be provided office supplies, maintenance services, and against an employee, or an employee of a in appropriations, enter into contracts and communications facilities and services as contractor, of an element of the intelligence other arrangements for audits, studies, anal- may be necessary for the operation of such community that fails to cooperate with the yses, and other services with public agencies offices. Inspector General. Such administrative ac- and with private persons, and to make such ‘‘(2)(A) Subject to applicable law and the tion may include loss of employment or the payments as may be necessary to carry out policies of the Director of National Intel- termination of an existing contractual rela- the provisions of this section. ligence, the Inspector General shall select, tionship. ‘‘(h) COORDINATION AMONG INSPECTORS GEN- appoint, and employ such officers and em- ‘‘(3) The Inspector General is authorized to ERAL.—(1)(A) In the event of a matter within ployees as may be necessary to carry out the receive and investigate, pursuant to sub- the jurisdiction of the Inspector General of functions, powers, and duties of the Inspec- section (h), complaints or information from the Intelligence Community that may be tor General. The Inspector General shall en- any person concerning the existence of an subject to an investigation, inspection, sure that any officer or employee so selected, activity within the authorities and respon- audit, or review by both the Inspector Gen- appointed, or employed has security clear- sibilities of the Director of National Intel- eral of the Intelligence Community and an ances appropriate for the assigned duties of ligence constituting a violation of laws, inspector general with oversight responsi- such officer or employee. rules, or regulations, or mismanagement, bility for an element of the intelligence com- ‘‘(B) In making selections under subpara- gross waste of funds, abuse of authority, or a munity, the Inspector General of the Intel- graph (A), the Inspector General shall ensure substantial and specific danger to the public ligence Community and such other inspector that such officers and employees have the health and safety. Once such complaint or general shall expeditiously resolve the ques- requisite training and experience to enable information has been received from an em- tion of which inspector general shall conduct the Inspector General to carry out the duties ployee of the intelligence community— such investigation, inspection, audit, or re- of the Inspector General effectively. ‘‘(A) the Inspector General shall not dis- view to avoid unnecessary duplication of the ‘‘(C) In meeting the requirements of this close the identity of the employee without activities of the inspectors general. paragraph, the Inspector General shall cre- the consent of the employee, unless the In- ‘‘(B) In attempting to resolve a question ate within the Office of the Inspector Gen- spector General determines that such disclo- under subparagraph (A), the inspectors gen- eral of the Intelligence Community a career

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Government. the congressional intelligence committees ‘‘(4) The Director shall submit to the con- ‘‘(B) Upon request of the Inspector General together with any comments the Director gressional intelligence committees any re- for information or assistance under subpara- considers appropriate. The Director shall port or findings and recommendations of an graph (A), the head of the department, agen- transmit to the committees of the Senate investigation, inspection, audit, or review cy, or element concerned shall, insofar as is and of the House of Representatives with ju- conducted by the office which has been re- practicable and not in contravention of any risdiction over a department of the United quested by the Chairman or Vice Chairman existing statutory restriction or regulation States Government any portion of the report or ranking minority member of either com- of the department, agency, or element, fur- involving a component of such department mittee. nish to the Inspector General, such informa- simultaneously with submission of the re- ‘‘(5)(A) An employee of an element of the tion or assistance. port to the congressional intelligence com- intelligence community, an employee as- ‘‘(C) The Inspector General of the Intel- mittees. signed or detailed to an element of the intel- ligence Community may, upon reasonable ‘‘(2)(A) The Inspector General shall report ligence community, or an employee of a con- notice to the head of any element of the in- immediately to the Director whenever the tractor to the intelligence community who telligence community and in coordination Inspector General becomes aware of particu- intends to report to Congress a complaint or with that element’s inspector general pursu- larly serious or flagrant problems, abuses, or information with respect to an urgent con- ant to subsection (h), conduct, as authorized deficiencies relating to programs and activi- cern may report such complaint or informa- by this section, an investigation, inspection, ties within the responsibility and authority tion to the Inspector General. audit, or review of such element and may of the Director of National Intelligence. ‘‘(B) Not later than the end of the 14-cal- ‘‘(B) The Director shall transmit to the enter into any place occupied by such ele- endar-day period beginning on the date of re- congressional intelligence committees each ment for purposes of the performance of the ceipt from an employee of a complaint or in- report under subparagraph (A) within 7 cal- formation under subparagraph (A), the In- duties of the Inspector General. endar days of receipt of such report, together ‘‘(k) REPORTS.—(1)(A) The Inspector Gen- spector General shall determine whether the with such comments as the Director con- eral of the Intelligence Community shall, complaint or information appears credible. siders appropriate. The Director shall trans- not later than January 31 and July 31 of each Upon making such a determination, the In- mit to the committees of the Senate and of spector General shall transmit to the Direc- year, prepare and submit to the Director of the House of Representatives with jurisdic- tor a notice of that determination, together National Intelligence a classified, and, as ap- tion over a department of the United States with the complaint or information. propriate, unclassified semiannual report Government any portion of each report summarizing the activities of the Office of under subparagraph (A) that involves a prob- ‘‘(C) Upon receipt of a transmittal from the the Inspector General of the Intelligence lem, abuse, or deficiency related to a compo- Inspector General under subparagraph (B), Community during the immediately pre- nent of such department simultaneously the Director shall, within 7 calendar days of ceding 6-month period ending December 31 with transmission of the report to the con- such receipt, forward such transmittal to the (of the preceding year) and June 30, respec- gressional intelligence committees. congressional intelligence committees, to- tively. The Inspector General of the Intel- ‘‘(3)(A) In the event that— gether with any comments the Director con- ligence Community shall provide any por- ‘‘(i) the Inspector General is unable to re- siders appropriate. tion of the report involving a component of solve any differences with the Director af- ‘‘(D)(i) If the Inspector General does not a department of the United States Govern- fecting the execution of the duties or respon- find credible under subparagraph (B) a com- ment to the head of that department simul- sibilities of the Inspector General; plaint or information submitted under sub- taneously with submission of the report to ‘‘(ii) an investigation, inspection, audit, or paragraph (A), or does not transmit the com- the Director of National Intelligence. review carried out by the Inspector General plaint or information to the Director in ac- ‘‘(B) Each report under this paragraph focuses on any current or former intelligence curate form under subparagraph (B), the em- shall include, at a minimum, the following: community official who— ployee (subject to clause (ii)) may submit ‘‘(i) A list of the title or subject of each in- ‘‘(I) holds or held a position in an element the complaint or information to Congress by vestigation, inspection, audit, or review con- of the intelligence community that is sub- contacting either or both of the congres- ducted during the period covered by such re- ject to appointment by the President, wheth- sional intelligence committees directly. port. er or not by and with the advice and consent ‘‘(ii) An employee may contact the con- ‘‘(ii) A description of significant problems, of the Senate, including such a position held gressional intelligence committees directly abuses, and deficiencies relating to the ad- on an acting basis; as described in clause (i) only if the em- ministration of programs and activities of ‘‘(II) holds or held a position in an element ployee— the intelligence community within the re- of the intelligence community, including a ‘‘(I) before making such a contact, fur- sponsibility and authority of the Director of position held on an acting basis, that is ap- nishes to the Director, through the Inspector National Intelligence, and in the relation- pointed by the Director of National Intel- General, a statement of the employee’s com- ships between elements of the intelligence ligence; or plaint or information and notice of the em- community, identified by the Inspector Gen- ‘‘(III) holds or held a position as head of an ployee’s intent to contact the congressional eral during the period covered by such re- element of the intelligence community or a intelligence committees directly; and port. position covered by subsection (b) or (c) of ‘‘(II) obtains and follows from the Director, ‘‘(iii) A description of the recommenda- section 106; through the Inspector General, direction on tions for corrective action made by the In- ‘‘(iii) a matter requires a report by the In- how to contact the congressional intel- spector General during the period covered by spector General to the Department of Jus- ligence committees in accordance with ap- such report with respect to significant prob- tice on possible criminal conduct by a cur- propriate security practices. lems, abuses, or deficiencies identified in rent or former official described in clause ‘‘(iii) A member or employee of one of the clause (ii). (ii); congressional intelligence committees who

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receives a complaint or information under cient to fund all training requirements for ‘‘CHIEF FINANCIAL OFFICER OF THE this subparagraph does so in that member or the Office of the Inspector General; and INTELLIGENCE COMMUNITY employee’s official capacity as a member or ‘‘(C) the amount requested to support the ‘‘SEC. 103I. (a) CHIEF FINANCIAL OFFICER OF employee of such committee. Council of the Inspectors General on Integ- THE INTELLIGENCE COMMUNITY.—To assist the ‘‘(E) The Inspector General shall notify an rity and Efficiency, including a justification Director of National Intelligence in carrying employee who reports a complaint or infor- for such amount. out the responsibilities of the Director under mation to the Inspector General under this ‘‘(2) In transmitting a proposed budget to this Act and other applicable provisions of paragraph of each action taken under this the President for a fiscal year, the Director law, there is within the Office of the Director paragraph with respect to the complaint or of National Intelligence shall include for of National Intelligence a Chief Financial Of- information. Such notice shall be provided such fiscal year— ficer of the Intelligence Community who not later than 3 days after any such action is ‘‘(A) the aggregate amount requested for shall be appointed by the Director. taken. the Inspector General of the Intelligence ‘‘(b) DUTIES AND RESPONSIBILITIES.—Sub- ‘‘(F) An action taken by the Director or Community; ject to the direction of the Director of Na- the Inspector General under this paragraph ‘‘(B) the amount requested for Inspector tional Intelligence, the Chief Financial Offi- shall not be subject to judicial review. General training; cer of the Intelligence Community shall— ‘‘(G) In this paragraph, the term ‘urgent ‘‘(C) the amount requested to support the ‘‘(1) serve as the principal advisor to the concern’ means any of the following: Council of the Inspectors General on Integ- Director of National Intelligence and the ‘‘(i) A serious or flagrant problem, abuse, rity and Efficiency; and Principal Deputy Director of National Intel- violation of law or Executive order, or defi- ‘‘(D) the comments of the Inspector Gen- ligence on the management and allocation of ciency relating to the funding, administra- eral, if any, with respect to such proposed intelligence community budgetary re- tion, or operation of an intelligence activity budget. sources; within the responsibility and authority of ‘‘(3) The Director of National Intelligence ‘‘(2) participate in overseeing a comprehen- the Director of National Intelligence involv- shall submit to the congressional intel- sive and integrated strategic process for re- ing classified information, but does not in- ligence committees, the Committee on Ap- source management within the intelligence clude differences of opinions concerning pub- propriations of the Senate, and the Com- community; lic policy matters. mittee on Appropriations of the House of ‘‘(3) ensure that the strategic plan of the ‘‘(ii) A false statement to Congress, or a Representatives for each fiscal year— Director of National Intelligence— willful withholding from Congress, on an ‘‘(A) a separate statement of the budget es- ‘‘(A) is based on budgetary constraints as issue of material fact relating to the fund- timate transmitted pursuant to paragraph specified in the Future Year Intelligence ing, administration, or operation of an intel- (1); Plans and Long-term Budget Projections re- ligence activity. ‘‘(B) the amount requested by the Director quired under section 506G; and ‘‘(iii) An action, including a personnel ac- for the Inspector General pursuant to para- ‘‘(B) contains specific goals and objectives tion described in section 2302(a)(2)(A) of title graph (2)(A); to support a performance-based budget; 5, United States Code, constituting reprisal ‘‘(C) the amount requested by the Director ‘‘(4) prior to the obligation or expenditure or threat of reprisal prohibited under sub- for the training of personnel of the Office of of funds for the acquisition of any major sys- section (g)(3)(B) of this section in response to the Inspector General pursuant to paragraph tem pursuant to a Milestone A or Milestone an employee’s reporting an urgent concern (2)(B); B decision, receive verification from appro- in accordance with this paragraph. ‘‘(D) the amount requested by the Director priate authorities that the national require- ‘‘(H) Nothing in this section shall be con- ments for meeting the strategic plan of the strued to limit the protections afforded to an for support for the Council of the Inspectors General on Integrity and Efficiency pursuant Director have been established, and that employee under section 17(d) of the Central such requirements are prioritized based on Intelligence Agency Act of 1949 (50 U.S.C. to paragraph (2)(C); and ‘‘(E) the comments of the Inspector Gen- budgetary constraints as specified in the Fu- 403q(d)) or section 8H of the Inspector Gen- ture Year Intelligence Plans and the Long- eral Act of 1978 (5 U.S.C. App.). eral under paragraph (2)(D), if any, on the amounts requested pursuant to paragraph term Budget Projections for such major sys- ‘‘(6) In accordance with section 535 of title tem required under section 506G; 28, United States Code, the Inspector General (2), including whether such amounts would substantially inhibit the Inspector General ‘‘(5) ensure that the collection architec- shall expeditiously report to the Attorney tures of the Director are based on budgetary General any information, allegation, or com- from performing the duties of the Office of the Inspector General.’’. constraints as specified in the Future Year plaint received by the Inspector General re- Intelligence Plans and the Long-term Budget lating to violations of Federal criminal law (2) TABLE OF CONTENTS AMENDMENT.—The table of contents in the first section of the Projections required under section 506G; that involves a program or operation of an ‘‘(6) coordinate or approve representations element of the intelligence community, or in National Security Act of 1947, as amended by section 347 of this Act, is further amended by made to Congress by the intelligence com- the relationships between the elements of munity regarding National Intelligence Pro- the intelligence community, consistent with inserting after the item relating to section 103G the following new item: gram budgetary resources; such guidelines as may be issued by the At- ‘‘(7) participate in key mission require- torney General pursuant to subsection (b)(2) ‘‘Sec. 103H. Inspector General of the Intel- ments, acquisitions, or architectural boards of such section. A copy of each such report ligence Community.’’. formed within or by the Office of the Direc- shall be furnished to the Director. (b) PAY OF INSPECTOR GENERAL.—Subpara- tor of National Intelligence; and ‘‘(l) CONSTRUCTION OF DUTIES REGARDING graph (A) of section 4(a)(3) of the Inspector ‘‘(8) perform such other duties as may be ELEMENTS OF INTELLIGENCE COMMUNITY.—Ex- General Reform Act of 2008 (Public Law 110– prescribed by the Director of National Intel- cept as resolved pursuant to subsection (h), 409; 5 U.S.C. App. note) is amended by insert- ligence. the performance by the Inspector General of ing ‘‘the Inspector General of the Intel- ‘‘(c) OTHER LAW.—The Chief Financial Offi- the Intelligence Community of any duty, re- ligence Community,’’ after ‘‘basic pay of’’. cer of the Intelligence Community shall sponsibility, or function regarding an ele- (c) CONSTRUCTION.—Nothing in the amend- serve as the Chief Financial Officer of the in- ment of the intelligence community shall ment made by subsection (a)(1) shall be con- telligence community and, to the extent ap- not be construed to modify or affect the du- strued to alter the duties and responsibilities plicable, shall have the duties, responsibil- ties and responsibilities of any other inspec- of the General Counsel of the Office of the ities, and authorities specified in chapter 9 of tor general having duties and responsibilities Director of National Intelligence. title 31, United States Code. relating to such element. (d) REPEAL OF SUPERSEDED AUTHORITY TO ‘‘(d) PROHIBITION ON SIMULTANEOUS SERVICE ‘‘(m) SEPARATE BUDGET ACCOUNT.—The Di- ESTABLISH POSITION.—Section 8K of the In- AS OTHER CHIEF FINANCIAL OFFICER.—An in- rector of National Intelligence shall, in ac- dividual serving in the position of Chief Fi- cordance with procedures issued by the Di- spector General Act of 1978 (5 U.S.C. App.) shall be repealed on the date that the Presi- nancial Officer of the Intelligence Commu- rector in consultation with the congressional nity may not, while so serving, serve as the intelligence committees, include in the Na- dent appoints, with the advice and consent of the Senate, the first individual to serve as chief financial officer of any other depart- tional Intelligence Program budget a sepa- ment or agency, or component thereof, of the rate account for the Office of the Inspector Inspector General for the Intelligence Com- munity pursuant to section 103H of the Na- United States Government. General of the Intelligence Community. ‘‘(e) DEFINITIONS.—In this section: tional Security Act of 1947, as added by sub- ‘‘(n) BUDGET.—(1) For each fiscal year, the ‘‘(1) The term ‘major system’ has the section (a), and such individual assumes the Inspector General of the Intelligence Com- meaning given that term in section 506A(e). duties of the Inspector General. munity shall transmit a budget estimate and ‘‘(2) The term ‘Milestone A’ has the mean- request to the Director of National Intel- SEC. 406. CHIEF FINANCIAL OFFICER OF THE IN- ing given that term in section 506G(f). ligence that specifies for such fiscal year— TELLIGENCE COMMUNITY. ‘‘(3) The term ‘Milestone B’ has the mean- ‘‘(A) the aggregate amount requested for (a) ESTABLISHMENT.—Title I of the Na- ing given that term in section 506C(e).’’. the operations of the Inspector General; tional Security Act of 1947 (50 U.S.C. 402 et (b) TABLE OF CONTENTS AMENDMENT.—The ‘‘(B) the amount requested for all training seq.), as amended by section 405 of this Act, table of contents in the first section of the requirements of the Inspector General, in- is further amended by inserting after section National Security Act of 1947, as amended by cluding a certification from the Inspector 103H, as added by section 405(a)(1), the fol- section 405(a), is further amended by insert- General that the amount requested is suffi- lowing new section: ing after the item relating to section 103H,

VerDate Mar 15 2010 22:04 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00091 Fmt 4637 Sfmt 0634 E:\RECORD10\RECFILES\S27SE0.REC S27SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7546 CONGRESSIONAL RECORD — SENATE September 27, 2010 as added by section 405(a)(2), the following tinue to be subject to search and review for for, the court by the Office, such information new item: information concerning any of the following: shall be examined ex parte, in camera by the ‘‘Sec. 103I. Chief Financial Officer of the In- ‘‘(1) United States citizens or aliens law- court. telligence Community.’’. fully admitted for permanent residence who ‘‘(B) The court shall determine, to the full- SEC. 407. LEADERSHIP AND LOCATION OF CER- have requested information on themselves est extent practicable, the issues of fact TAIN OFFICES AND OFFICIALS. pursuant to the provisions of section 552 or based on sworn written submissions of the (a) NATIONAL COUNTER PROLIFERATION CEN- 552a of title 5, United States Code. parties. TER.—Section 119A(a) of the National Secu- ‘‘(2) Any special activity the existence of ‘‘(C)(i) When a complainant alleges that re- rity Act of 1947 (50 U.S.C. 404o–1(a)) is amend- which is not exempt from disclosure under quested records were improperly withheld ed— the provisions of section 552 of title 5, United because of improper exemption of oper- (1) by striking ‘‘Not later than 18 months States Code. ational files, the Office may meet the burden after the date of the enactment of the Na- ‘‘(3) The specific subject matter of an in- of the Office under section 552(a)(4)(B) of tional Security Intelligence Reform Act of vestigation for any impropriety or violation title 5, United States Code, by dem- 2004, the’’ and inserting ‘‘(1) The’’; and of law, Executive order, or Presidential di- onstrating to the court by sworn written (2) by adding at the end the following new rective, in the conduct of an intelligence ac- submission that exempted files likely to con- paragraphs: tivity by any of the following: tain responsive records are records provided ‘‘(2) The head of the National Counter Pro- ‘‘(A) The Select Committee on Intelligence to the Office by an element of the intel- liferation Center shall be the Director of the of the Senate. ligence community from the exempted oper- National Counter Proliferation Center, who ‘‘(B) The Permanent Select Committee on ational files of such element. shall be appointed by the Director of Na- Intelligence of the House of Representatives. ‘‘(ii) The court may not order the Office to tional Intelligence. ‘‘(C) The Intelligence Oversight Board. review the content of any exempted file in ‘‘(3) The National Counter Proliferation ‘‘(D) The Department of Justice. order to make the demonstration required Center shall be located within the Office of ‘‘(E) The Office of the Director of National under clause (i), unless the complainant dis- the Director of National Intelligence.’’. Intelligence. putes the Office’s showing with a sworn writ- (b) OFFICERS.—Section 103(c) of that Act ‘‘(F) The Office of the Inspector General of ten submission based on personal knowledge (50 U.S.C. 403–3(c)) is amended— the Intelligence Community. or otherwise admissible evidence. (1) by redesignating paragraph (9) as para- ‘‘(d) DECENNIAL REVIEW OF EXEMPTED ‘‘(D) In proceedings under subparagraph graph (14); and OPERATIONAL FILES.—(1) Not less than once (C), a party may not obtain discovery pursu- (2) by inserting after paragraph (8) the fol- every 10 years, the Director of National In- ant to rules 26 through 36 of the Federal lowing new paragraphs: telligence shall review the exemptions in Rules of Civil Procedure, except that re- ‘‘(9) The Chief Information Officer of the force under subsection (a) to determine quests for admissions may be made pursuant Intelligence Community. whether such exemptions may be removed to rules 26 and 36 of the Federal Rules of ‘‘(10) The Inspector General of the Intel- from any category of exempted files or any Civil Procedure. ligence Community. portion thereof. ‘‘(E) If the court finds under this sub- ‘‘(11) The Director of the National Counter- ‘‘(2) The review required by paragraph (1) section that the Office has improperly with- terrorism Center. shall include consideration of the historical held requested records because of failure to ‘‘(12) The Director of the National Counter value or other public interest in the subject comply with any provision of this section, Proliferation Center. matter of the particular category of files or the court shall order the Office to search and ‘‘(13) The Chief Financial Officer of the In- portions thereof and the potential for declas- review each appropriate exempted file for telligence Community.’’. sifying a significant part of the information the requested records and make such contained therein. records, or portions thereof, available in ac- SEC. 408. PROTECTION OF CERTAIN FILES OF ‘‘(3) A complainant that alleges that the THE OFFICE OF THE DIRECTOR OF cordance with the provisions of section 552 of Director of National Intelligence has im- NATIONAL INTELLIGENCE. title 5, United States Code (commonly re- properly withheld records because of failure (a) IN GENERAL.—Title VII of the National ferred to as the Freedom of Information to comply with this subsection may seek ju- Security Act of 1947 (50 U.S.C. 431 et seq.) is Act), and such order shall be the exclusive dicial review in the district court of the amended by adding at the end the following remedy for failure to comply with this sec- United States of the district in which any of new section: tion. the parties reside, or in the District of Co- ‘‘(F) If at any time following the filing of ‘‘PROTECTION OF CERTAIN FILES OF THE OFFICE lumbia. In such a proceeding, the court’s re- a complaint pursuant to this paragraph the OF THE DIRECTOR OF NATIONAL INTELLIGENCE view shall be limited to determining the fol- Office agrees to search each appropriate ex- ‘‘SEC. 706. (a) INAPPLICABILITY OF FOIA TO lowing: empted file for the requested records, the EXEMPTED OPERATIONAL FILES PROVIDED TO ‘‘(A) Whether the Director has conducted court shall dismiss the claim based upon ODNI.—(1) Subject to paragraph (2), the pro- the review required by paragraph (1) before such complaint. visions of section 552 of title 5, United States the expiration of the 10-year period begin- Code, that require search, review, publica- ning on the date of the enactment of the In- ‘‘(g) DEFINITIONS.—In this section: tion, or disclosure of a record shall not apply telligence Authorization Act for Fiscal Year ‘‘(1) The term ‘exempted operational file’ to a record provided to the Office of the Di- 2010 or before the expiration of the 10-year means a file of an element of the intelligence rector of National Intelligence by an ele- period beginning on the date of the most re- community that, in accordance with this ment of the intelligence community from cent review. title, is exempted from the provisions of sec- the exempted operational files of such ele- ‘‘(B) Whether the Director of National In- tion 552 of title 5, United States Code, that ment. telligence, in fact, considered the criteria set require search, review, publication, or disclo- ‘‘(2) Paragraph (1) shall not apply with re- forth in paragraph (2) in conducting the re- sure of such file. spect to a record of the Office that— quired review. ‘‘(2) Except as otherwise specifically pro- ‘‘(A) contains information derived or dis- ‘‘(e) SUPERSEDURE OF OTHER LAWS.—The vided, the term ‘Office’ means the Office of seminated from an exempted operational provisions of this section may not be super- the Director of National Intelligence.’’. file, unless such record is created by the Of- seded except by a provision of law that is en- (b) TABLE OF CONTENTS AMENDMENT.—The fice for the sole purpose of organizing such acted after the date of the enactment of this table of contents in the first section of the exempted operational file for use by the Of- section and that specifically cites and re- National Security Act of 1947, as amended by fice; peals or modifies such provisions. section 406(b) of this Act, is further amended ‘‘(B) is disseminated by the Office to a per- ‘‘(f) ALLEGATION; IMPROPER WITHHOLDING by inserting after the item relating to sec- son other than an officer, employee, or con- OF RECORDS; JUDICIAL REVIEW.—(1) Except as tion 705 the following new item: tractor of the Office; or provided in paragraph (2), whenever any per- ‘‘Sec. 706. Protection of certain files of the ‘‘(C) is no longer designated as an exempt- son who has requested agency records under Office of the Director of Na- ed operational file in accordance with this section 552 of title 5, United States Code, al- tional Intelligence.’’. title. leges that the Office has withheld records ‘‘(b) EFFECT OF PROVIDING FILES TO improperly because of failure to comply with SEC. 409. COUNTERINTELLIGENCE INITIATIVES ODNI.—Notwithstanding any other provision any provision of this section, judicial review FOR THE INTELLIGENCE COMMU- of this title, an exempted operational file shall be available under the terms set forth NITY. that is provided to the Office by an element in section 552(a)(4)(B) of title 5, United Section 1102 of the National Security Act of the intelligence community shall not be States Code. of 1947 (50 U.S.C. 442a) is amended— subject to the provisions of section 552 of ‘‘(2) Judicial review shall not be available (1) in subsection (a)— title 5, United States Code, that require in the manner provided for under paragraph (A) by striking paragraph (2); and search, review, publication, or disclosure of a (1) as follows: (B) by striking ‘‘(1) In’’ and inserting ‘‘In’’; record solely because such element provides ‘‘(A) In any case in which information spe- and such exempted operational file to the Office. cifically authorized under criteria estab- (2) in subsection (c)— ‘‘(c) SEARCH AND REVIEW FOR CERTAIN PUR- lished by an Executive order to be kept se- (A) by striking paragraph (2); and POSES.—Notwithstanding subsection (a) or cret in the interests of national defense or (B) by striking ‘‘(1) The’’ and inserting (b), an exempted operational file shall con- foreign relations is filed with, or produced ‘‘The’’.

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SEC. 410. INAPPLICABILITY OF FEDERAL ADVI- ‘‘MISUSE OF THE OFFICE OF THE DIRECTOR OF Subtitle B—Central Intelligence Agency SORY COMMITTEE ACT TO ADVISORY NATIONAL INTELLIGENCE NAME, INITIALS, OR SEC. 421. ADDITIONAL FUNCTIONS AND AU- COMMITTEES OF THE OFFICE OF SEAL THORITIES FOR PROTECTIVE PER- THE DIRECTOR OF NATIONAL INTEL- SONNEL OF THE CENTRAL INTEL- LIGENCE. ‘‘SEC. 1103. (a) PROHIBITED ACTS.—No per- LIGENCE AGENCY. (a) IN GENERAL.—Section 4(b) of the Fed- son may, except with the written permission Section 5(a)(4) of the Central Intelligence eral Advisory Committee Act (5 U.S.C. App.) of the Director of National Intelligence, or a Agency Act of 1949 (50 U.S.C. 403f(a)(4)) is is amended— designee of the Director, knowingly use the amended— (1) in paragraph (1), by striking ‘‘or’’; words ‘Office of the Director of National In- (1) by striking ‘‘and the protection’’ and (2) in paragraph (2), by striking the period telligence’, the initials ‘ODNI’, the seal of inserting ‘‘the protection’’; and and inserting ‘‘; or’’; and the Office of the Director of National Intel- (2) by inserting before the semicolon the (3) by adding at the end the following new ligence, or any colorable imitation of such following: ‘‘, and the protection of the Direc- paragraph: words, initials, or seal in connection with tor of National Intelligence and such per- ‘‘(3) the Office of the Director of National any merchandise, impersonation, solicita- sonnel of the Office of the Director of Na- Intelligence, if the Director of National In- tion, or commercial activity in a manner tional Intelligence as the Director of Na- telligence determines that for reasons of na- reasonably calculated to convey the impres- tional Intelligence may designate’’. tional security such advisory committee sion that such use is approved, endorsed, or SEC. 422. APPEALS FROM DECISIONS INVOLVING cannot comply with the requirements of this authorized by the Director of National Intel- CONTRACTS OF THE CENTRAL IN- Act.’’. ligence. TELLIGENCE AGENCY. (b) ANNUAL REPORT.— Section 8(d) of the Contract Disputes Act (1) IN GENERAL.—The Director of National ‘‘(b) INJUNCTION.—Whenever it appears to of 1978 (41 U.S.C. 607(d)) is amended by adding Intelligence and the Director of the Central the Attorney General that any person is en- at the end ‘‘Notwithstanding any other pro- Intelligence Agency shall each submit to the gaged or is about to engage in an act or prac- vision of this section and any other provision congressional intelligence committees an an- tice which constitutes or will constitute con- of law, an appeal from a decision of a con- nual report on advisory committees created duct prohibited by subsection (a), the Attor- tracting officer of the Central Intelligence by each such Director. Each report shall in- ney General may initiate a civil proceeding Agency relative to a contract made by that clude— in a district court of the United States to en- Agency may be filed with whichever of the (A) a description of each such advisory join such act or practice. Such court shall Armed Services Board of Contract Appeals or committee, including the subject matter of proceed as soon as practicable to the hearing the Civilian Board of Contract Appeals is the committee; and and determination of such action and may, specified by such contracting officer as the (B) a list of members of each such advisory at any time before final determination, enter Board to which such an appeal may be made committee. such restraining orders or prohibitions, or and such Board shall have jurisdiction to de- (2) REPORT ON REASONS FOR ODNI EXCLUSION take such other action as is warranted, to cide that appeal.’’. OF ADVISORY COMMITTEE FROM FACA.—Each prevent injury to the United States or to any SEC. 423. DEPUTY DIRECTOR OF THE CENTRAL report submitted by the Director of National person or class of persons for whose protec- INTELLIGENCE AGENCY. Intelligence in accordance with paragraph (1) tion the action is brought.’’. (a) ESTABLISHMENT AND DUTIES OF DEPUTY shall include the reasons for a determination DIRECTOR OF THE CIA.—Title I of the Na- (b) TABLE OF CONTENTS AMENDMENT.—The by the Director under section 4(b)(3) of the tional Security Act of 1947 (50 U.S.C. 402 et table of contents in the first section of such Federal Advisory Committee Act (5 U.S.C. seq.), as amended by section 406 of this Act, Act, as amended by section 408 of this Act, is App.), as added by subsection (a) of this sec- is further amended by inserting after section further amended by inserting after the item tion, that an advisory committee cannot 104A the following new section: comply with the requirements of such Act. relating to section 1102 the following new item: ‘‘DEPUTY DIRECTOR OF THE CENTRAL SEC. 411. MEMBERSHIP OF THE DIRECTOR OF NA- INTELLIGENCE AGENCY TIONAL INTELLIGENCE ON THE ‘‘Sec. 1103. Misuse of the Office of the Direc- ‘‘SEC. 104B. (a) DEPUTY DIRECTOR OF THE TRANSPORTATION SECURITY OVER- tor of National Intelligence CENTRAL INTELLIGENCE AGENCY.—There is a SIGHT BOARD. name, initials, or seal.’’. Deputy Director of the Central Intelligence Subparagraph (F) of section 115(b)(1) of SEC. 414. PLAN TO IMPLEMENT RECOMMENDA- Agency who shall be appointed by the Presi- title 49, United States Code, is amended to dent. read as follows: TIONS OF THE DATA CENTER EN- ERGY EFFICIENCY REPORTS. ‘‘(b) DUTIES.—The Deputy Director of the ‘‘(F) The Director of National Intelligence, Central Intelligence Agency shall— or the Director’s designee.’’. (a) PLAN.—The Director of National Intel- ‘‘(1) assist the Director of the Central In- SEC. 412. REPEAL OF CERTAIN AUTHORITIES RE- ligence shall develop a plan to implement telligence Agency in carrying out the duties LATING TO THE OFFICE OF THE NA- the recommendations of the report sub- and responsibilities of the Director of the TIONAL COUNTERINTELLIGENCE EX- mitted to Congress under section 1 of the Act Central Intelligence Agency; and ECUTIVE. entitled ‘‘An Act to study and promote the ‘‘(2) during the absence or disability of the (a) REPEAL OF CERTAIN AUTHORITIES.—Sec- use of energy efficient computer servers in Director of the Central Intelligence Agency, tion 904 of the Counterintelligence Enhance- the United States’’ (Public Law 109–431; 120 or during a vacancy in the position of Direc- ment Act of 2002 (50 U.S.C. 402c) is amended— Stat. 2920) across the intelligence commu- tor of the Central Intelligence Agency, act (1) by striking subsections (d), (h), (i), and nity. for and exercise the powers of the Director of (j); (b) REPORT.— the Central Intelligence Agency.’’. (2) by redesignating subsections (e), (f), (g), (1) IN GENERAL.—Not later than 180 days (b) CONFORMING AMENDMENTS.— (k), (l), and (m) as subsections (d), (e), (f), (g), after the date of the enactment of this Act, (1) EXECUTIVE SCHEDULE III.—Section 5314 (h), and (i), respectively; and the Director of National Intelligence shall of title 5, United States Code, is amended by (3) in subsection (f), as redesignated by submit to the congressional intelligence striking ‘‘Deputy Directors of Central Intel- paragraph (2), by striking paragraphs (3) and committees a report containing the plan de- ligence (2)’’ and inserting ‘‘Deputy Director (4). veloped under subsection (a). of the Central Intelligence Agency’’. (b) CONFORMING AMENDMENTS.—Such sec- (2) FORM.—The report required under para- (2) TABLE OF CONTENTS AMENDMENT.—The tion 904 is further amended— graph (1) shall be submitted in unclassified table of contents in the first section of the (1) in subsection (d), as redesignated by form, but may include a classified annex. National Security Act of 1947, as amended by subsection (a)(2) of this section, by striking section 414 of this Act, is further amended by ‘‘subsection (f)’’ each place it appears in SEC. 415. DIRECTOR OF NATIONAL INTEL- inserting after the item relating to section paragraphs (1) and (2) and inserting ‘‘sub- LIGENCE SUPPORT FOR REVIEWS OF 104A the following new item: INTERNATIONAL TRAFFIC IN ARMS section (e)’’; and ‘‘Sec. 104B. Deputy Director of the Central (2) in subsection (e), as so redesignated— REGULATIONS AND EXPORT ADMIN- ISTRATION REGULATIONS. Intelligence Agency.’’. (A) in paragraph (1), by striking ‘‘sub- (c) APPLICABILITY.—The amendments made section (e)(1)’’ and inserting ‘‘subsection The Director of National Intelligence may by this section shall apply on the earlier of— (d)(1)’’; and provide support for any review conducted by (1) the date of the appointment by the (B) in paragraph (2), by striking ‘‘sub- a department or agency of the United States President of an individual to serve as Deputy section (e)(2)’’ and inserting ‘‘subsection Government of the International Traffic in Director of the Central Intelligence Agency (d)(2)’’. Arms Regulations or Export Administration pursuant to section 104B of the National Se- SEC. 413. MISUSE OF THE OFFICE OF THE DIREC- Regulations, including a review of tech- curity Act of 1947, as added by subsection (a), TOR OF NATIONAL INTELLIGENCE nologies and goods on the United States Mu- except that the individual administratively NAME, INITIALS, OR SEAL. nitions List and Commerce Control List that performing the duties of the Deputy Director (a) PROHIBITION.—Title XI of the National may warrant controls that are different or of the Central Intelligence Agency as of the Security Act of 1947 (50 U.S.C. 442 et seq.) is additional to the controls such technologies date of the enactment of this Act may con- amended by adding at the end the following and goods are subject to at the time of such tinue to perform such duties until the indi- new section: review. vidual appointed to the position of Deputy

VerDate Mar 15 2010 22:04 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00093 Fmt 4637 Sfmt 0634 E:\RECORD10\RECFILES\S27SE0.REC S27SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7548 CONGRESSIONAL RECORD — SENATE September 27, 2010 Director of the Central Intelligence Agency ligence Service, but excluding all security- ‘‘(E) the comments of the Inspector Gen- assumes the duties of such position; or based determinations that are not within the eral under paragraph (3)(D), if any, on the (2) the date of the cessation of the perform- authority of a head of other Central Intel- amounts requested pursuant to paragraph ance of the duties of the Deputy Director of ligence Agency offices.’’; and (3), including whether such amounts would the Central Intelligence Agency by the indi- (C) by inserting after paragraph (7) the fol- substantially inhibit the Inspector General vidual administratively performing such du- lowing new paragraph: from performing the duties of the Office.’’. ties as of the date of the enactment of this ‘‘(8)(A) The Inspector General shall— SEC. 427. PUBLIC AVAILABILITY OF UNCLASSI- Act. ‘‘(i) appoint a Counsel to the Inspector FIED VERSIONS OF CERTAIN INTEL- LIGENCE PRODUCTS. SEC. 424. AUTHORITY TO AUTHORIZE TRAVEL ON General who shall report to the Inspector A COMMON CARRIER. General; or The Director of the Central Intelligence Subsection (b) of section 116 of the Na- ‘‘(ii) obtain the services of a counsel ap- Agency shall make publicly available an un- tional Security Act of 1947 (50 U.S.C. 404k) is pointed by and directly reporting to another classified version of any memoranda or fin- ished intelligence products assessing the— amended by striking the period at the end Inspector General or the Council of the In- (1) information gained from high-value de- and inserting ‘‘, who may delegate such au- spectors General on Integrity and Efficiency tainee reporting; and thority to other appropriate officials of the on a reimbursable basis. (2) dated April 3, 2003, July 15, 2004, March Central Intelligence Agency.’’. ‘‘(B) The counsel appointed or obtained under subparagraph (A) shall perform such 2, 2005, and June 1, 2005. SEC. 425. INSPECTOR GENERAL FOR THE CEN- TRAL INTELLIGENCE AGENCY. functions as the Inspector General may pre- Subtitle C—Defense Intelligence Components scribe.’’. (a) APPOINTMENT AND QUALIFICATIONS OF SEC. 431. INSPECTOR GENERAL MATTERS. (2) CONSTRUCTION.—Nothing in the amend- THE INSPECTOR GENERAL.—Paragraph (1) of (a) COVERAGE UNDER INSPECTOR GENERAL ment made by paragraph (1)(C) shall be con- section 17(b) of the Central Intelligence ACT OF 1978.—Subsection (a)(2) of section 8G strued to alter the duties and responsibilities Agency Act of 1949 (50 U.S.C. 403q(b)) is of the Inspector General Act of 1978 (5 U.S.C. of the General Counsel of the Central Intel- amended by striking the second and third App.) is amended— ligence Agency. sentences and inserting ‘‘This appointment (1) by inserting ‘‘the Defense Intelligence shall be made without regard to political af- SEC. 426. BUDGET OF THE INSPECTOR GENERAL Agency,’’ after ‘‘the Corporation for Public FOR THE CENTRAL INTELLIGENCE Broadcasting,’’; filiation and shall be on the basis of integ- AGENCY. rity and demonstrated ability in accounting, (2) by inserting ‘‘the National Geospatial- Subsection (f) of section 17 of the Central Intelligence Agency,’’ after ‘‘the National auditing, financial analysis, law, manage- Intelligence Agency Act of 1949 (50 U.S.C. ment analysis, public administration, or in- Endowment for the Humanities,’’; and 403q) is amended— (3) by inserting ‘‘the National Reconnais- vestigation. Such appointment shall also be (1) by inserting ‘‘(1)’’ before ‘‘Beginning’’; made on the basis of compliance with the se- sance Office, the National Security Agency,’’ and after ‘‘the National Labor Relations Board,’’. curity standards of the Agency and prior ex- (2) by adding at the end the following new perience in the field of foreign intelligence.’’. (b) CERTAIN DESIGNATIONS UNDER INSPEC- paragraph: TOR GENERAL ACT OF 1978.—Subsection (a) of (b) REMOVAL OF THE INSPECTOR GENERAL.— ‘‘(2) For each fiscal year, the Inspector section 8H of the Inspector General Act of Paragraph (6) of section 17(b) of the Central General shall transmit a budget estimate 1978 (5 U.S.C. App.) is amended by adding at Intelligence Agency Act of 1949 (50 U.S.C. and request through the Director to the Di- the end the following new paragraph: 403q(b)) is amended— rector of National Intelligence that specifies ‘‘(3) The Inspectors General of the Defense (1) by striking ‘‘immediately’’; and for such fiscal year— Intelligence Agency, the National (2) by striking the period at the end and in- ‘‘(A) the aggregate amount requested for Geospatial-Intelligence Agency, the National serting ‘‘not later than 30 days prior to the the operations of the Inspector General; Reconnaissance Office, and the National Se- effective date of such removal. Nothing in ‘‘(B) the amount requested for all training curity Agency shall be designees of the In- this paragraph shall be construed to prohibit requirements of the Inspector General, in- spector General of the Department of De- a personnel action otherwise authorized by cluding a certification from the Inspector fense for purposes of this section.’’. law, other than transfer or removal.’’. General that the amount requested is suffi- (c) POWER OF HEADS OF ELEMENTS OVER IN- (c) APPLICATION OF SEMIANNUAL REPORTING cient to fund all training requirements for VESTIGATIONS.—Subsection (d) of section 8G REQUIREMENTS WITH RESPECT TO REVIEW RE- the Office; and of such Act (5 U.S.C. App.) is amended— PORTS.—Paragraph (1) of section 17(d) of the ‘‘(C) the amount requested to support the (1) by inserting ‘‘(1)’’ after ‘‘(d)’’; Central Intelligence Agency Act of 1949 (50 Council of the Inspectors General on Integ- (2) in the second sentence of paragraph (1), U.S.C. 403q(d)) is amended in the matter pre- rity and Efficiency, including a justification as designated by paragraph (1) of this sub- ceding subparagraph (A) by inserting ‘‘re- for such amount. section, by striking ‘‘The head’’ and insert- view,’’ after ‘‘investigation,’’. ‘‘(3) In transmitting a proposed budget to ing ‘‘Except as provided in paragraph (2), the (d) PROTECTION AGAINST REPRISALS.—Sub- the President for a fiscal year, the Director head’’; and paragraph (B) of section 17(e)(3) of the Cen- of National Intelligence shall include for (3) by adding at the end the following new tral Intelligence Agency Act of 1949 (50 such fiscal year— paragraph: U.S.C. 403q(e)(3)) is amended by inserting ‘‘or ‘‘(A) the aggregate amount requested for ‘‘(2)(A) The Secretary of Defense, in con- providing such information’’ after ‘‘making the Inspector General of the Central Intel- sultation with the Director of National In- such complaint’’. ligence Agency; telligence, may prohibit the inspector gen- (e) INSPECTOR GENERAL SUBPOENA POWER.— ‘‘(B) the amount requested for Inspector eral of an element of the intelligence com- Subparagraph (A) of section 17(e)(5) of the General training; munity specified in subparagraph (D) from Central Intelligence Agency Act of 1949 (50 ‘‘(C) the amount requested to support the initiating, carrying out, or completing any U.S.C. 403q(e)(5)) is amended by inserting ‘‘in Council of the Inspectors General on Integ- audit or investigation if the Secretary deter- any medium (including electronically stored rity and Efficiency; and mines that the prohibition is necessary to information or any tangible thing)’’ after ‘‘(D) the comments of the Inspector Gen- protect vital national security interests of ‘‘other data’’. eral, if any, with respect to such proposed the United States. ‘‘(B) If the Secretary exercises the author- (f) OTHER ADMINISTRATIVE AUTHORITIES.— budget. ity under subparagraph (A), the Secretary (1) IN GENERAL.—Subsection (e) of section ‘‘(4) The Director of National Intelligence 17 of the Central Intelligence Agency Act of shall submit to the Committee on Appropria- shall submit to the committees of Congress 1949 (50 U.S.C. 403q), as amended by sub- tions and the Select Committee on Intel- specified in subparagraph (E) an appro- priately classified statement of the reasons sections (d) and (e) of this section, is further ligence of the Senate and the Committee on for the exercise of such authority not later amended— Appropriations and the Permanent Select than 7 days after the exercise of such author- (A) by redesignating paragraph (8) as sub- Committee on Intelligence of the House of ity. paragraph (9); Representatives for each fiscal year— ‘‘(C) At the same time the Secretary sub- (B) in paragraph (9), as so redesignated— ‘‘(A) a separate statement of the budget es- mits under subparagraph (B) a statement on (i) by striking ‘‘Subject to the concurrence timate transmitted pursuant to paragraph the exercise of the authority in subpara- of the Director, the’’ and inserting ‘‘The’’; (2); graph (A) to the committees of Congress and ‘‘(B) the amount requested by the Director specified in subparagraph (E), the Secretary (ii) by adding at the end the following: of National Intelligence for the Inspector shall notify the inspector general of such ele- ‘‘Consistent with budgetary and personnel General pursuant to paragraph (3)(A); ment of the submittal of such statement resources allocated by the Director, the In- ‘‘(C) the amount requested by the Director and, to the extent consistent with the pro- spector General has final approval of— of National Intelligence for training of per- tection of intelligence sources and methods, ‘‘(A) the selection of internal and external sonnel of the Office of the Inspector General provide such inspector general with a copy of candidates for employment with the Office of pursuant to paragraph (3)(B); such statement. Such inspector general may Inspector General; and ‘‘(D) the amount requested by the Director submit to such committees of Congress any ‘‘(B) all other personnel decisions con- of National Intelligence for support for the comments on a notice or statement received cerning personnel permanently assigned to Council of the Inspectors General on Integ- by the inspector general under this subpara- the Office of Inspector General, including se- rity and Efficiency pursuant to paragraph graph that the inspector general considers lection and appointment to the Senior Intel- (3)(C); and appropriate.

VerDate Mar 15 2010 22:04 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00094 Fmt 4637 Sfmt 0634 E:\RECORD10\RECFILES\S27SE0.REC S27SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 27, 2010 CONGRESSIONAL RECORD — SENATE S7549 ‘‘(D) The elements of the intelligence com- SEC. 443. RETENTION AND RELOCATION BO- (i) of the internal reforms that were car- munity specified in this subparagraph are as NUSES FOR THE FEDERAL BUREAU ried out at the National Security Branch follows: OF INVESTIGATION. during the two-year period ending on the ‘‘(i) The Defense Intelligence Agency. Section 5759 of title 5, United States Code, date on which the report is submitted; and ‘‘(ii) The National Geospatial-Intelligence is amended— (ii) of the manner in which such reforms Agency. (1) in subsection (a)(2), by striking ‘‘is have advanced the capabilities of the Na- ‘‘(iii) The National Reconnaissance Office. transferred to a different geographic area tional Security Branch; ‘‘(iv) The National Security Agency. with a higher cost of living’’ and inserting (D) an assessment of the effectiveness of ‘‘(E) The committees of Congress specified ‘‘is subject to a mobility agreement and is the National Security Branch in performing in this subparagraph are— transferred to a position in a different geo- tasks that are critical to the effective func- ‘‘(i) the Committee on Armed Services and graphical area in which there is a shortage of tioning of the National Security Branch as the Select Committee on Intelligence of the critical skills’’; an intelligence agency, including— Senate; and (2) in subsection (b)(2), by striking the pe- (i) human intelligence collection, both ‘‘(ii) the Committee on Armed Services and riod at the end and inserting ‘‘, including re- within and outside the parameters of an ex- the Permanent Select Committee on Intel- quirements for a bonus recipient’s repay- isting case file or ongoing investigation, in a ligence of the House of Representatives.’’. ment of a bonus in circumstances deter- manner that protects civil liberties; SEC. 432. CLARIFICATION OF NATIONAL SECU- mined by the Director of the Federal Bureau (ii) intelligence analysis, including the RITY MISSIONS OF NATIONAL of Investigation.’’; ability of the National Security Branch to GEOSPATIAL-INTELLIGENCE AGEN- (3) in subsection (c), by striking ‘‘basic produce, and provide policymakers with, in- CY FOR ANALYSIS AND DISSEMINA- pay.’’ and inserting ‘‘annual rate of basic TION OF CERTAIN INTELLIGENCE formation on national security threats to pay. The bonus may be paid in a lump sum or the United States; INFORMATION. installments linked to completion of periods Section 442(a) of title 10, United States (iii) management, including the ability of of service.’’; and Code, is amended— the National Security Branch to manage and (4) in subsection (d), by striking ‘‘retention (1) by redesignating paragraph (2) as para- develop human capital and implement an or- bonus’’ and inserting ‘‘bonus paid under this graph (3); ganizational structure that supports the ob- section’’. (2) by inserting after paragraph (1) the fol- jectives and strategies of the Branch; lowing new paragraph (2): SEC. 444. EXTENSION OF THE AUTHORITY OF THE (iv) integration of the National Security ‘‘(2)(A) As directed by the Director of Na- FEDERAL BUREAU OF INVESTIGA- Branch into the intelligence community, in- TION TO WAIVE MANDATORY RE- cluding an ability to robustly share intel- tional Intelligence, the National Geospatial- TIREMENT PROVISIONS. Intelligence Agency shall develop a system ligence and effectively communicate and op- (a) CIVIL SERVICE RETIREMENT SYSTEM.— erate with appropriate Federal, State, local, to facilitate the analysis, dissemination, and Subsection (b) of section 8335 of title 5, incorporation of likenesses, videos, and pres- and tribal partners; United States Code, is amended— entations produced by ground-based plat- (v) implementation of an infrastructure (1) in the paragraph (2) enacted by section forms, including handheld or clandestine that supports the national security and in- 112(a)(2) of the Department of Justice Appro- photography taken by or on behalf of human telligence missions of the National Security priations Act, 2005 (title I of division B of intelligence collection organizations or Branch, including proper information tech- Public Law 108–447; 118 Stat. 2868), by strik- available as open-source information, into nology and facilities; and ing ‘‘2009’’ and inserting ‘‘2011’’; and the National System for Geospatial Intel- (vi) reformation of the culture of the Na- (2) by striking the paragraph (2) enacted by ligence. tional Security Branch, including the inte- section 2005(a)(2) of the Intelligence Reform ‘‘(B) The authority provided by this para- gration by the Branch of intelligence ana- and Terrorism Prevention Act of 2004 (Public graph does not include authority for the Na- lysts and other professional staff into intel- Law 108–458; 118 Stat. 3704). tional Geospatial-Intelligence Agency to ligence collection operations and the success (b) FEDERAL EMPLOYEES’ RETIREMENT SYS- manage tasking of handheld or clandestine of the National Security Branch in ensuring TEM.—Subsection (b) of section 8425 of title 5, photography taken by or on behalf of human that intelligence and threat information United States Code, is amended— intelligence collection organizations.’’; and drive the operations of the Branch; (1) in the paragraph (2) enacted by section (3) in paragraph (3), as so redesignated, by (E) performance metrics and specific an- 112(b)(2) of the Department of Justice Appro- striking ‘‘paragraph (1)’’ and inserting nual timetables for advancing the perform- priations Act, 2005 (title I of division B of ‘‘paragraphs (1) and (2)’’. ance of the tasks referred to in clauses (i) Public Law 108–447; 118 Stat. 2868), by strik- SEC. 433. DIRECTOR OF COMPLIANCE OF THE NA- through (vi) of subparagraph (D) and a de- ing ‘‘2009’’ and inserting ‘‘2011’’; and TIONAL SECURITY AGENCY. scription of the activities being undertaken (2) by striking the paragraph (2) enacted by The National Security Agency Act of 1959 to ensure that the performance of the Na- section 2005(b)(2) of the Intelligence Reform (50 U.S.C. 402 note) is amended by inserting tional Security Branch in carrying out such and Terrorism Prevention Act of 2004 (Public after the first section the following new sec- tasks improves; and tion: Law 108–458; 118 Stat. 3704). (F) an assessment of the effectiveness of ‘‘SEC. 2. There is a Director of Compliance SEC. 445. REPORT AND ASSESSMENTS ON TRANS- the field office supervisory term limit policy of the National Security Agency, who shall FORMATION OF THE INTELLIGENCE be appointed by the Director of the National CAPABILITIES OF THE FEDERAL BU- of the Federal Bureau of Investigation that Security Agency and who shall be respon- REAU OF INVESTIGATION. requires the mandatory reassignment of a sible for the programs of compliance over (a) REPORT.— supervisor of the Bureau after a specific mission activities of the National Security (1) REQUIREMENT.—Not later than 180 days term of years. Agency.’’. after the date of the enactment of this Act, (b) ANNUAL ASSESSMENTS.— Subtitle D—Other Elements the Director of the Federal Bureau of Inves- (1) REQUIREMENT FOR ASSESSMENTS.—Not tigation, in consultation with the Director of later than 180 days after the date on which SEC. 441. CODIFICATION OF ADDITIONAL ELE- MENTS OF THE INTELLIGENCE COM- National Intelligence, shall submit to the the report required by subsection (a)(1) is MUNITY. congressional intelligence committees, the submitted, and annually thereafter for five Section 3(4) of the National Security Act of Committee on the Judiciary of the Senate, years, the Director of National Intelligence, 1947 (50 U.S.C. 401a(4)) is amended— and the Committee on the Judiciary of the in consultation with the Director of the Fed- (1) in subparagraph (H)— House of Representatives a report describ- eral Bureau of Investigation, shall submit to (A) by inserting ‘‘the Coast Guard,’’ after ing— the congressional intelligence committees, ‘‘the Marine Corps,’’; and (A) a long-term vision for the intelligence the Committee on the Judiciary of the Sen- (B) by inserting ‘‘the Drug Enforcement capabilities of the National Security Branch ate, and the Committee on the Judiciary of Administration,’’ after ‘‘the Federal Bureau of the Bureau; the House of Representatives an assessment of Investigation,’’; and (B) a strategic plan for the National Secu- of the performance of the National Security (2) in subparagraph (K), by striking ‘‘, in- rity Branch; and Branch in carrying out the tasks referred to cluding the Office of Intelligence of the (C) the progress made in advancing the ca- in clauses (i) through (vi) of subsection Coast Guard’’. pabilities of the National Security Branch. (a)(2)(D) in comparison to such performance SEC. 442. AUTHORIZATION OF APPROPRIATIONS (2) CONTENT.—The report required by para- during previous years. FOR COAST GUARD NATIONAL TAC- graph (1) shall include— (2) CONSIDERATIONS.—In conducting each TICAL INTEGRATION OFFICE. (A) a description of the direction, strategy, assessment required by paragraph (1), the Di- Title 14, United States Code, is amended— and goals for improving the intelligence ca- rector of National Intelligence— (1) in paragraph (4) of section 93(a), by pabilities of the National Security Branch; (A) shall use the performance metrics and striking ‘‘function’’ and inserting ‘‘function, (B) a description of the intelligence and specific annual timetables for carrying out including research, development, test, or national security capabilities of the Na- such tasks referred to in subsection (a)(2)(E); evaluation related to intelligence systems tional Security Branch that will be fully and and capabilities,’’; and functional within the five-year period begin- (B) may request the assistance of any ex- (2) in paragraph (4) of section 662, by in- ning on the date on which the report is sub- pert that the Director considers appropriate, serting ‘‘intelligence systems and capabili- mitted; including an inspector general of an appro- ties or’’ after ‘‘related to’’. (C) a description— priate department or agency.

VerDate Mar 15 2010 22:04 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00095 Fmt 4637 Sfmt 0634 E:\RECORD10\RECFILES\S27SE0.REC S27SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7550 CONGRESSIONAL RECORD — SENATE September 27, 2010 TITLE V—REORGANIZATION OF THE DIP- Management and Budget, and the four mem- been appropriated for allocation to the DTS– LOMATIC TELECOMMUNICATIONS SERV- bers appointed by departments and agencies PO. The DTS–PO is authorized to directly re- ICE PROGRAM OFFICE designated under paragraph (1)(A). ceive payments from departments or agen- SEC. 501. REORGANIZATION OF THE DIPLOMATIC ‘‘(B) NONVOTING MEMBERS.—The nonvoting cies that use the DTS Network and to in- TELECOMMUNICATIONS SERVICE members shall consist of the members ap- voice such departments or agencies for the PROGRAM OFFICE. pointed by departments and agencies des- fees under this section either in advance of, (a) REORGANIZATION OF THE DIPLOMATIC ignated under paragraph (1)(B) and shall act or upon or after, providing the bandwidth or TELECOMMUNICATIONS SERVICE PROGRAM OF- in an advisory capacity. performing such projects. Such funds re- FICE.— ‘‘(c) CHAIR DUTIES AND AUTHORITIES.—The ceived from such departments or agencies (1) IN GENERAL.—Subtitle B of title III of Chair of the Governance Board shall— shall remain available to the DTS–PO for a the Intelligence Authorization Act for Fiscal ‘‘(1) preside over all meetings and delibera- period of two fiscal years. Year 2001 (Public Law 106–567; 22 U.S.C. 7301 tions of the Governance Board; ‘‘SEC. 324. DEFINITIONS. et seq.) is amended by striking sections 321, ‘‘(2) provide the Secretariat functions of ‘‘In this subtitle: 322, 323, and 324, and inserting the following the Governance Board; and ‘‘(1) DTS NETWORK.—The term ‘DTS Net- new sections: ‘‘(3) propose bylaws governing the oper- work’ means the worldwide telecommuni- ation of the Governance Board. ‘‘SEC. 321. DIPLOMATIC TELECOMMUNICATIONS cations network supporting all United States ‘‘(d) QUORUM, DECISIONS, MEETINGS.—A SERVICE PROGRAM OFFICE. Government agencies and departments oper- quorum of the Governance Board shall con- ‘‘(a) REORGANIZATION.—The Diplomatic ating from diplomatic and consular facilities sist of the presence of the Chair and four vot- Telecommunications Service Program Office outside of the United States. ing members. The decisions of the Govern- established pursuant to title V of Public Law ‘‘(2) DTS–PO.—The term ‘DTS–PO’ means ance Board shall require a majority of the 102–140 shall be reorganized in accordance the Diplomatic Telecommunications Service voting membership. The Chair shall convene with this subtitle. Program Office. a meeting of the Governance Board not less ‘‘(b) DUTIES.—The duties of the DTS–PO in- ‘‘(3) GOVERNANCE BOARD.—The term ‘Gov- than four times each year to carry out the clude implementing a program for the estab- ernance Board’ means the Diplomatic Tele- functions of the Governance Board. The communications Service Governance Board lishment and maintenance of a DTS Network Chair or any voting member may convene a established under section 322(a)(1).’’. capable of providing multiple levels of serv- meeting of the Governance Board. ice to meet the wide-ranging needs of all ‘‘(e) GOVERNANCE BOARD DUTIES.—The Gov- (2) TABLE OF CONTENTS AMENDMENT.—The United States Government departments and ernance Board shall have the following du- table of contents in section 1(b) of the Intel- agencies operating from diplomatic and con- ties with respect to the DTS–PO: ligence Authorization Act for Fiscal Year sular facilities outside of the United States, ‘‘(1) To approve and monitor the plans, 2001 (Public Law 106–567; 114 Stat. 2831) is including national security needs for secure, services, priorities, policies, and pricing amended by striking the items relating to reliable, and robust communications capa- methodology of the DTS–PO for bandwidth sections 321, 322, 323, and 324 and inserting bilities. costs and projects carried out at the request the following new items: ‘‘SEC. 322. ESTABLISHMENT OF THE DIPLOMATIC of a department or agency that uses the DTS ‘‘Sec. 321. Diplomatic Telecommunications TELECOMMUNICATIONS SERVICE Network. Service Program Office. GOVERNANCE BOARD. ‘‘(2) To provide to the DTS–PO Executive ‘‘Sec. 322. Establishment of the Diplomatic ‘‘(a) GOVERNANCE BOARD.— Agent the recommendation of the Govern- Telecommunications Service ‘‘(1) ESTABLISHMENT.—There is established ance Board with respect to the approval, dis- Governance Board. the Diplomatic Telecommunications Service approval, or modification of each annual ‘‘Sec. 323. Funding of the Diplomatic Tele- Governance Board to direct and oversee the budget request for the DTS–PO, prior to the communications Service. activities and performance of the DTS–PO. submission of any such request by the Exec- ‘‘Sec. 324. Definitions.’’. ‘‘(2) EXECUTIVE AGENT.— utive Agent. (b) CONFORMING AMENDMENTS.— ‘‘(A) DESIGNATION.—The Director of the Of- ‘‘(3) To review the performance of the (1) REPEAL OF SUSPENSION OF REORGANIZA- fice of Management and Budget shall des- DTS–PO against plans approved under para- TION.— ignate, from among the departments and graph (1) and the management activities and (A) REPEAL.—The Intelligence Authoriza- agencies of the United States Government internal controls of the DTS–PO. tion Act for Fiscal Year 2002 (Public Law that use the DTS Network, a department or ‘‘(4) To require from the DTS–PO any 107–108; 22 U.S.C. 7301 note) is amended by agency as the DTS–PO Executive Agent. plans, reports, documents, and records the striking section 311. ‘‘(B) DUTIES.—The Executive Agent des- Governance Board considers necessary to (B) TABLE OF CONTENTS AMENDMENT.—The ignated under subparagraph (A) shall— perform its oversight responsibilities. table of contents in section 1 of such Act is ‘‘(i) nominate a Director of the DTS–PO for ‘‘(5) To conduct and evaluate independent amended by striking the item relating to approval by the Governance Board in accord- audits of the DTS–PO. section 311. ance with subsection (e); and ‘‘(6) To approve or disapprove the nomina- (2) REPEAL OF REFORM.— ‘‘(ii) perform such other duties as estab- tion of the Director of the DTS–PO by the (A) REPEAL.—The Admiral James W. Nance lished by the Governance Board in the deter- Executive Agent with a majority vote of the and Meg Donovan Foreign Relations Author- mination of written implementing arrange- Governance Board. ization Act, Fiscal Years 2000 and 2001 (as en- ments and other relevant and appropriate ‘‘(7) To recommend to the Executive Agent acted into law by section 1000(a)(7) of Public governance processes and procedures under the replacement of the Director of the DTS– Law 106–113 and contained in appendix G of paragraph (3). PO with a majority vote of the Governance that Act; 113 Stat. 1501A–405) is amended by ‘‘(3) REQUIREMENT FOR IMPLEMENTING AR- Board. striking section 305. RANGEMENTS.—Subject to the requirements ‘‘(f) NATIONAL SECURITY INTERESTS.—The (B) TABLE OF CONTENTS AMENDMENT.—The of this subtitle, the Governance Board shall Governance Board shall ensure that those table of contents in section 2(b) of such Act determine the written implementing ar- enhancements of, and the provision of serv- is amended by striking the item related to rangements and other relevant and appro- ice for, telecommunication capabilities that section 305. priate governance processes and procedures involve the national security interests of the (3) REPEAL OF REPORTING REQUIREMENTS.— to manage, oversee, resource, or otherwise United States receive the highest Section 507(b) of the National Security Act administer the DTS–PO. prioritization. of 1947 (50 U.S.C. 415b(b)), as amended by sec- ‘‘(b) MEMBERSHIP.— ‘‘SEC. 323. FUNDING OF THE DIPLOMATIC TELE- tion 351 of this Act, is further amended— ‘‘(1) SELECTION.—The Director of the Office COMMUNICATIONS SERVICE. (A) by striking paragraph (3); and of Management and Budget shall designate ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.— (B) by redesignating paragraphs (4) and (5) from among the departments and agencies There are authorized to be appropriated such as paragraphs (3) and (4), respectively. that use the DTS Network— sums as may be necessary for the operations, TITLE VI—FOREIGN INTELLIGENCE AND ‘‘(A) four departments and agencies to each maintenance, development, enhancement, INFORMATION COMMISSION ACT appoint one voting member of the Govern- modernization, and investment costs of the ance Board from the personnel of such de- DTS Network and the DTS–PO. Funds appro- SEC. 601. SHORT TITLE. partments and agencies; and priated for allocation to the DTS–PO shall This title may be cited as the ‘‘Foreign In- ‘‘(B) any other departments and agencies remain available to the DTS–PO for a period telligence and Information Commission that the Director considers appropriate to of two fiscal years. Act’’. each appoint one nonvoting member of the ‘‘(b) FEES.—The DTS–PO shall charge a de- SEC. 602. DEFINITIONS. Governance Board from the personnel of partment or agency that uses the DTS Net- In this title: such departments and agencies. work for only those bandwidth costs attrib- (1) COMMISSION.—The term ‘‘Commission’’ ‘‘(2) VOTING AND NONVOTING MEMBERS.—The utable to such department or agency and for means the Foreign Intelligence and Informa- Governance Board shall consist of voting specific projects carried out at the request of tion Commission established in section members and nonvoting members as follows: such department or agency, pursuant to the 603(a). ‘‘(A) VOTING MEMBERS.—The voting mem- pricing methodology for such bandwidth (2) FOREIGN INTELLIGENCE; INTELLIGENCE.— bers shall consist of a Chair, who shall be costs and such projects approved under sec- The terms ‘‘foreign intelligence’’ and ‘‘intel- designated by the Director of the Office of tion 322(e)(1), for which amounts have not ligence’’ have the meaning given those terms

VerDate Mar 15 2010 22:04 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00096 Fmt 4637 Sfmt 0634 E:\RECORD10\RECFILES\S27SE0.REC S27SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 27, 2010 CONGRESSIONAL RECORD — SENATE S7551 in section 3 of the National Security Act of pand the authorities of any existing execu- Commission and shall be filled in the manner 1947 (50 U.S.C. 401a). tive branch entity, as needed to improve the in which the original appointment was made. (3) INFORMATION.—The term ‘‘information’’ strategic integration referred to in para- (7) CHAIR.—The voting members of the includes information of relevance to the for- graph (1) and develop and oversee the imple- Commission shall designate one of the voting eign policy of the United States collected mentation of any interagency strategy; members to serve as the chair of the Com- and conveyed through diplomatic reporting (10) provide recommendations on processes mission. and other reporting by personnel of the for developing and presenting to Congress (8) QUORUM.—Five voting members of the United States Government who are not em- budget requests for each relevant element of Commission shall constitute a quorum for ployed by an element of the intelligence the United States Government that reflect purposes of transacting the business of the community, including public and open- the allocations identified in the interagency Commission. source information. strategy and for congressional oversight of (9) MEETINGS.—The Commission shall meet SEC. 603. ESTABLISHMENT AND FUNCTIONS OF the development and implementation of the at the call of the chair and shall meet regu- THE COMMISSION. strategy; and larly, not less than once every 3 months, dur- (a) ESTABLISHMENT.—There is established (11) provide recommendations on any insti- ing the life of the Commission. in the legislative branch a Foreign Intel- tutional reforms related to the collection (b) STAFF.— ligence and Information Commission. and reporting roles of individual elements of (1) IN GENERAL.—The chair of the Commis- (b) PURPOSE.—The purpose of the Commis- the United States Government outside the sion may, without regard to the provisions of sion is to evaluate systems and processes at intelligence community, as well as any budg- title 5, United States Code, governing ap- the strategic, interagency level and provide etary, legislative, or other changes needed to pointments in the competitive service and recommendations accordingly, and not to achieve such reforms. chapter 51 and subchapter III of chapter 53 of seek to duplicate the functions of the Direc- SEC. 604. MEMBERS AND STAFF OF THE COMMIS- that title relating to classification of posi- tor of National Intelligence. SION. tions and General Schedule pay rates, ap- (c) FUNCTIONS.—The Commission shall— (a) MEMBERS OF THE COMMISSION.— point and terminate an executive director (1) evaluate the current processes or sys- (1) APPOINTMENT.—The Commission shall and, in consultation with the executive di- tems for the strategic integration of the in- be composed of 10 members as follows: rector, appoint and terminate such other ad- telligence community, including the Open (A) Two members appointed by the major- ditional personnel as may be necessary to Source Center, and other elements of the ity leader of the Senate. enable the Commission to perform its duties. United States Government, including the De- (B) Two members appointed by the minor- In addition to the executive director and one partment of State, with regard to the collec- ity leader of the Senate. tion, reporting, and analysis of foreign intel- full-time support staff for the executive di- (C) Two members appointed by the Speaker rector, there shall be additional staff with ligence and information; of the House of Representatives. (2) provide recommendations to improve or relevant intelligence and foreign policy expe- (D) Two members appointed by the minor- rience to support the work of the Commis- develop such processes or systems to inte- ity leader of the House of Representatives. grate the intelligence community with other sion. (E) One nonvoting member appointed by (2) SELECTION OF THE EXECUTIVE DIREC- elements of the United States Government, the Director of National Intelligence. TOR.—The executive director shall be se- potentially including the development of an (F) One nonvoting member appointed by interagency strategy that identifies— lected with the approval of a majority of the the Secretary of State. voting members of the Commission. (A) the collection, reporting, and analysis (2) SELECTION.— (3) COMPENSATION.— requirements of the United States Govern- (A) IN GENERAL.—Members of the Commis- (A) EXECUTIVE DIRECTOR.—The executive ment; sion shall be individuals who— director shall be compensated at the max- (B) the elements of the United States Gov- (i) are not officers or employees of the imum annual rate payable for an employee ernment best positioned to meet collection United States Government or any State or of a standing committee of the Senate under and reporting requirements, with regard to local government; and section 105(e) of the Legislative Branch Ap- missions, comparative institutional advan- (ii) have knowledge and experience— propriations Act, 1968 (2 U.S.C. 61–1(e)), as tages, and any other relevant factors; and (I) in foreign information and intelligence adjusted by any order of the President pro (C) interagency budget and resource allo- collection, reporting, and analysis, including tempore of the Senate. cations necessary to achieve such collection, clandestine collection and classified analysis (B) STAFF.—The chair of the Commission reporting, and analytical requirements; (such as experience in the intelligence com- may fix the compensation of other personnel (3) evaluate the extent to which current in- munity), diplomatic reporting and analysis, of the Commission without regard to chapter telligence collection, reporting, and analysis and collection of public and open-source in- strategies are intended to provide global cov- formation; 51 and subchapter III of chapter 53 of title 5, erage and anticipate future threats, chal- (II) in issues related to the national secu- United States Code, relating to classification lenges, and crises; rity and foreign policy of the United States of positions and General Schedule pay rates, (4) provide recommendations on how to in- gained by serving as a senior official of the except that the rate of pay for such per- corporate into the interagency strategy the Department of State, a member of the For- sonnel may not exceed the maximum annual means to anticipate future threats, chal- eign Service, an employee or officer of an ap- rate payable for an employee of a standing lenges, and crises, including by identifying propriate department or agency of the committee of the Senate under section 105(e) and supporting collection, reporting, and an- United States, or an independent organiza- of the Legislative Branch Appropriations alytical capabilities that are global in scope tion with expertise in the field of inter- Act, 1968 (2 U.S.C. 61–1(e)), as adjusted by any and directed at emerging, long-term, and national affairs; or order of the President pro tempore of the strategic targets; (III) with foreign policy decision-making. Senate. (c) EXPERTS AND CONSULTANTS.—The Com- (5) provide recommendations on strategies (B) DIVERSITY OF EXPERIENCE.—The indi- mission is authorized to procure temporary for sustaining human and budgetary re- viduals appointed to the Commission should or intermittent services of experts and con- sources to effect the global collection and re- be selected with a view to establishing diver- sultants as necessary to the extent author- porting missions identified in the inter- sity of experience with regard to various geo- ized by section 3109 of title 5, United States agency strategy, including the graphic regions, functions, and issues. Code, at rates for individuals not to exceed ONSULTATION.—The Speaker and the prepositioning of collection and reporting (3) C the daily equivalent of the maximum annual capabilities; minority leader of the House of Representa- rate of basic pay payable under section 5376 (6) provide recommendations for devel- tives, the majority leader and the minority of such title. oping, clarifying, and, if necessary, bol- leader of the Senate, the Director of Na- (d) STAFF AND SERVICES OF OTHER AGEN- stering current and future collection and re- tional Intelligence, and the Secretary of CIES OR DEPARTMENTS OF THE UNITED porting roles and capabilities of elements of State shall consult among themselves prior STATES.—Upon the request of the Commis- the United States Government that are not to the appointment of the members of the sion, the head of a department or agency of elements of the intelligence community de- Commission in order to achieve, to the max- the United States may detail, on a reimburs- ployed in foreign countries; imum extent possible, fair and equitable rep- able or nonreimbursable basis, any of the (7) provide recommendations related to the resentation of various points of view with re- personnel of that department or agency to role of individual country missions in con- spect to the matters to be considered by the the Commission to assist the Commission in tributing to the interagency strategy; Commission in accordance with this title. carrying out this title. The detail of any (8) evaluate the extent to which the estab- (4) TIME OF APPOINTMENT.—The appoint- such personnel shall be without interruption lishment of new embassies and out-of-em- ments under subsection (a) shall be made— or loss of civil service or Foreign Service bassy posts are able to contribute to ex- (A) after the date on which funds are first status or privilege. panded global coverage and increased collec- appropriated for the Commission pursuant to (e) SECURITY CLEARANCE.—The appropriate tion and reporting and provide recommenda- section 609; and departments or agencies of the United States tions related to the establishment of new (B) not later than 60 days after such date. shall cooperate with the Commission in ex- embassies and out-of-embassy posts; (5) TERM OF APPOINTMENT.—Members shall peditiously providing to the members and (9) provide recommendations on executive be appointed for the life of the Commission. staff of the Commission appropriate security or legislative changes necessary to establish (6) VACANCIES.—Any vacancy of the Com- clearances to the extent possible pursuant to any new executive branch entity or to ex- mission shall not affect the powers of the existing procedures and requirements.

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(f) REPORTS UNDER ETHICS IN GOVERNMENT (E) The Committee on Foreign Relations of graph (1) shall remain available until ex- ACT OF 1978.—Notwithstanding any other the Senate. pended. provision of law, for purposes of title I of the (F) The Committee on Foreign Affairs of (3) REPEAL OF EXISTING FUNDING AUTHOR- Ethics in Government Act of 1978 (5 U.S.C. the House of Representatives. ITY.—Section 1010 of the Intelligence Author- App.), each member and staff of the Commis- (b) INDIVIDUAL OR DISSENTING VIEWS.—Each ization Act for Fiscal Year 2003 (Public Law sion— member of the Commission may include that 107–306; 50 U.S.C. 401 note) is repealed. (1) shall be deemed to be an officer or em- member’s individual or dissenting views in a (c) TECHNICAL AMENDMENTS.— ployee of the Congress (as defined in section report required by paragraph (1) or (2) of sub- (1) DIRECTOR OF CENTRAL INTELLIGENCE.— 109(13) of such title); and section (a). The Intelligence Authorization Act for Fis- (2) shall file any report required to be filed (c) FORM OF REPORT.—The reports required cal Year 2003 (Public Law 107–306) is amended by such member or such staff (including by by paragraphs (1) and (2) of subsection (a), by striking ‘‘Director of Central Intel- virtue of the application of paragraph (1)) including any finding or recommendation of ligence’’ each place it appears and inserting under title I of the Ethics in Government such report, shall be submitted in unclassi- ‘‘Director of National Intelligence’’ in the Act of 1978 (5 U.S.C. App.) with the Secretary fied form, but may include a classified following provisions: of the Senate. annex. (A) Section 1002(h)(2). SEC. 605. POWERS AND DUTIES OF THE COMMIS- SEC. 607. TERMINATION. (B) Section 1003(d)(1). (C) Section 1006(a)(1). SION. (a) IN GENERAL.—The Commission shall (a) HEARINGS AND EVIDENCE.—The Commis- terminate on the date that is 60 days after (D) Section 1006(b). sion may hold such hearings, sit and act at the date of the submission of the report re- (E) Section 1007(a). such times and places, take such testimony, quired by section 606(a)(2). (F) Section 1008. (2) DEPUTY DIRECTOR OF CENTRAL INTEL- and receive such evidence as the Commission (b) TRANSFER OF RECORDS.—Upon the ter- considers advisable to carry out this title. mination of the Commission under sub- LIGENCE FOR COMMUNITY MANAGEMENT.—Para- (b) INFORMATION FROM FEDERAL AGEN- section (a), all records, files, documents, and graph (1) of section 1002(b) of such Act is amended by striking ‘‘The Deputy Director CIES.—The Commission may secure directly other materials in the possession, custody, of Central Intelligence for Community Man- from any department or agency of the or control of the Commission shall be trans- agement.’’ and inserting ‘‘The Principal Dep- United States such information as the Com- ferred to the Select Committee on Intel- uty Director of National Intelligence.’’. mission considers necessary to carry out this ligence of the Senate and deemed to be title. Upon request of the chair of the Com- records of such Committee. SEC. 702. CLASSIFICATION REVIEW OF EXECU- mission, the head of such department or TIVE BRANCH MATERIALS IN THE SEC. 608. NONAPPLICABILITY OF FEDERAL ADVI- POSSESSION OF THE CONGRES- agency shall furnish such information to the SORY COMMITTEE ACT. Commission, subject to applicable law. SIONAL INTELLIGENCE COMMIT- The Federal Advisory Committee Act (5 TEES. (c) POSTAL SERVICES.—The Commission U.S.C. App.) shall not apply to the Commis- The Director of National Intelligence is au- may use the United States mails in the same sion. thorized to conduct, at the request of one of manner and under the same conditions as a SEC. 609. AUTHORIZATION OF APPROPRIATIONS. the congressional intelligence committees department or agency of the United States. and in accordance with procedures estab- (d) ADMINISTRATIVE SUPPORT.—The Admin- (a) IN GENERAL.—There is authorized to be lished by that committee, a classification re- istrator of the General Services Administra- appropriated such sums as may be necessary view of materials in the possession of that tion shall provide to the Commission on a re- to carry out this title. (b) AVAILABILITY.—Amounts made avail- committee that— imbursable basis (or, in the discretion of the (1) are not less than 25 years old; and Administrator, on a nonreimbursable basis) able to the Commission pursuant to sub- section (a) shall remain available until ex- (2) were created, or provided to that com- such administrative support services as the mittee, by an entity in the executive branch. Commission may request to carry out this pended. title. TITLE VII—OTHER MATTERS TITLE VIII—TECHNICAL AMENDMENTS SEC. 801. TECHNICAL AMENDMENTS TO THE FOR- (e) ADMINISTRATIVE PROCEDURES.—The SEC. 701. EXTENSION OF NATIONAL COMMISSION Commission may adopt such rules and regu- EIGN INTELLIGENCE SURVEILLANCE FOR THE REVIEW OF THE RE- ACT OF 1978. lations, relating to administrative proce- SEARCH AND DEVELOPMENT PRO- The Foreign Intelligence Surveillance Act dure, as may be reasonably necessary to en- GRAMS OF THE UNITED STATES IN- of 1978 (50 U.S.C. 1801 et seq.) is amended— able the Commission to carry out this title. TELLIGENCE COMMUNITY. (1) in section 101— (f) TRAVEL.— (a) EXTENSION.— (A) in subsection (a), by moving paragraph (1) IN GENERAL.—The members and staff of (1) IN GENERAL.—Effective on the date on the Commission may, with the approval of which funds are first appropriated pursuant (7) two ems to the right; and the Commission, conduct such travel as is to subsection (b)(1) and subject to paragraph (B) by moving subsections (b) through (p) necessary to carry out this title. (3), subsection (a) of section 1007 of the Intel- two ems to the right; (2) in section 103, by redesignating sub- (2) EXPENSES.—Members of the Commis- ligence Authorization Act for Fiscal Year section (i) as subsection (h); sion shall serve without pay but shall be al- 2003 (Public Law 107–306; 50 U.S.C. 401 note) is (3) in section 109(a)— lowed travel expenses, including per diem in amended by striking ‘‘September 1, 2004,’’ (A) in paragraph (1), by striking ‘‘section lieu of subsistence, at rates authorized for and inserting ‘‘one year after the date on 112.;’’ and inserting ‘‘section 112;’’; and employees of agencies under subchapter I of which all members of the Commission are (B) in paragraph (2), by striking the second chapter 57 of title 5, United States Code, appointed pursuant to section 701(a)(3) of the period; while away from their homes or regular Intelligence Authorization Act for Fiscal (4) in section 301(1), by striking ‘‘ ‘United places of business in the performance of serv- Year 2010,’’. States’ ’’ and all that follows through ‘‘and ices for the Commission. (2) APPLICABILITY OF AMENDMENT.—The ‘State’ ’’ and inserting ‘‘ ‘United States’, ‘per- (g) GIFTS.—No member or staff of the Com- amendment made by paragraph (1) shall take son’, ‘weapon of mass destruction’, and mission may receive a gift or benefit by rea- effect as if included in the enactment of such ‘State’ ’’; son of the service of such member or staff to section 1007. (5) in section 304(b), by striking ‘‘sub- the Commission. (3) COMMISSION MEMBERSHIP.—The member- section (a)(3)’’ and inserting ‘‘subsection SEC. 606. REPORT OF THE COMMISSION. ship of the National Commission for the Re- (a)(2)’’; and (a) IN GENERAL.— view of the Research and Development Pro- (6) in section 502(a), by striking ‘‘a annual’’ (1) INTERIM REPORT.—Not later than 300 grams of the United States Intelligence and inserting ‘‘an annual’’. days after the date on which all members of Community established under subsection (a) SEC. 802. TECHNICAL AMENDMENTS TO THE CEN- the Commission are appointed under section of section 1002 of such Act (Public Law 107– TRAL INTELLIGENCE AGENCY ACT 604(a), the Commission shall submit to the 306; 50 U.S.C. 401 note) (referred to in this OF 1949. congressional intelligence committees an in- section as the ‘‘Commission’’) shall be con- The Central Intelligence Agency Act of terim report setting forth the preliminary sidered vacant and new members shall be ap- 1949 (50 U.S.C. 403a et seq.) is amended— evaluations and recommendations of the pointed in accordance with such section 1002, (1) in paragraph (1) of section 5(a), by strik- Commission described in section 603(c). as amended by this section. ing ‘‘authorized under paragraphs (2) and (3) (2) FINAL REPORT.—Not later than 60 days (4) CLARIFICATION OF DUTIES.—Section of section 102(a), subsections (c)(7) and (d) of after the date of the submission of the report 1002(i) of such Act is amended in the matter section 103, subsections (a) and (g) of section required by paragraph (1), the Commission preceding paragraph (1) by striking ‘‘includ- 104, and section 303 of the National Security shall submit a final report setting forth the ing—’’ and inserting ‘‘including advanced re- Act of 1947 (50 U.S.C. 403(a)(2), (3), 403–3(c)(7), final evaluations and recommendations of search and development programs and ac- (d), 403–4(a), (g), and 405)’’ and inserting ‘‘au- the Commission described in section 603(c) to tivities. Such review shall include—’’. thorized under section 104A of the National each of the following: (b) FUNDING.— Security Act of 1947 (50 U.S.C. 403–4a).’’; and (A) The President. (1) IN GENERAL.—There is authorized to be (2) in section 17(d)(3)(B)— (B) The Director of National Intelligence. appropriated such sums as may be necessary (A) in clause (i), by striking ‘‘advise’’ and (C) The Secretary of State. to carry out this section. inserting ‘‘advice’’; and (D) The congressional intelligence commit- (2) AVAILABILITY.—Amounts made avail- (B) by amending clause (ii) to read as fol- tees. able to the Commission pursuant to para- lows:

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‘‘(ii) holds or held the position in the Agen- (1) in the heading, by striking ‘‘FOREIGN’’; (b) EXECUTIVE SCHEDULE LEVEL IV.—Sec- cy, including such a position held on an act- and tion 5315 of title 5, United States Code, is ing basis, of— (2) by striking ‘‘foreign’’ each place it ap- amended by striking the item relating to the ‘‘(I) Deputy Director; pears. General Counsel of the Office of the National ‘‘(II) Associate Deputy Director; (b) RESPONSIBILITY OF DIRECTOR OF NA- Intelligence Director and inserting the fol- ‘‘(III) Director of the National Clandestine TIONAL INTELLIGENCE.—Such section 1403, as lowing new item: Service; amended by subsection (a), is further amend- ‘‘General Counsel of the Office of the Di- ‘‘(IV) Director of Intelligence; ed— rector of National Intelligence.’’. ‘‘(V) Director of Support; or (1) in subsections (a) and (c), by striking SEC. 808. TECHNICAL AMENDMENTS TO SECTION ‘‘(VI) Director of Science and Tech- ‘‘Director of Central Intelligence’’ and in- 105 OF THE INTELLIGENCE AUTHOR- nology.’’. serting ‘‘Director of National Intelligence’’; IZATION ACT FOR FISCAL YEAR 2004. SEC. 803. TECHNICAL AMENDMENTS TO TITLE 10, and Section 105(b) of the Intelligence Author- UNITED STATES CODE. (2) in subsection (b), by inserting ‘‘of Na- ization Act for Fiscal Year 2004 (Public Law Section 528(c) of title 10, United States tional Intelligence’’ after ‘‘Director’’. 108–177; 117 Stat. 2603; 31 U.S.C. 311 note) is Code, is amended— (c) FUTURE-YEARS DEFENSE PROGRAM.— amended— Subsection (c) of such section 1403, as amend- (1) in the heading, by striking ‘‘ASSOCIATE (1) by striking ‘‘Director of Central Intel- ed by subsection (b), is further amended by DIRECTOR OF CIA FOR MILITARY AFFAIRS’’ ligence’’ and inserting ‘‘Director of National striking ‘‘multiyear defense program sub- and inserting ‘‘ASSOCIATE DIRECTOR OF MILI- Intelligence’’; and mitted pursuant to section 114a of title 10, TARY AFFAIRS, CIA’’; and (2) by inserting ‘‘or in section 313 of such (2) by striking ‘‘Associate Director of the United States Code’’ and inserting ‘‘future- title,’’ after ‘‘subsection (a)),’’. Central Intelligence Agency for Military Af- years defense program submitted pursuant SEC. 809. TECHNICAL AMENDMENTS TO SECTION to section 221 of title 10, United States fairs’’ and inserting ‘‘Associate Director of 602 OF THE INTELLIGENCE AUTHOR- Code’’. IZATION ACT FOR FISCAL YEAR 1995. Military Affairs, Central Intelligence Agen- (d) CONFORMING AMENDMENTS.— Section 602 of the Intelligence Authoriza- cy, or any successor position’’. (1) IN GENERAL.—The heading of such sec- tion Act for Fiscal Year 1995 (50 U.S.C. 403– SEC. 804. TECHNICAL AMENDMENTS TO THE NA- tion 1403 is amended to read as follows: 2b) is amended— TIONAL SECURITY ACT OF 1947. ‘‘SEC. 1403. MULTIYEAR NATIONAL INTEL- (1) in subsection (a), in paragraph (2), by The National Security Act of 1947 (50 LIGENCE PROGRAM.’’. striking ‘‘Director of Central Intelligence’’ U.S.C. 401 et seq.) is amended— (2) TABLE OF CONTENTS AMENDMENT.—The and inserting ‘‘Director of National Intel- (1) in section 3(4)(L), by striking ‘‘other’’ table of contents in section 2 of the National ligence’’; and the second place it appears; Defense Authorization Act for Fiscal Year (2) in subsection (b)— (2) in section 102A— 1991 (Public Law 101–510; 104 Stat. 1485) is (A) in paragraph (1), by striking ‘‘Director (A) in subsection (c)(3)(A), by striking ‘‘an- amended by striking the item relating to of Central Intelligence’’ and inserting ‘‘Di- nual budgets for the Joint Military Intel- section 1403 and inserting the following new rector of National Intelligence’’; ligence Program and for Tactical Intel- item: (B) in paragraph (2)— ligence and Related Activities’’ and insert- ‘‘Sec. 1403. Multiyear National Intelligence (i) in subparagraph (A), by striking ‘‘Direc- ing ‘‘annual budget for the Military Intel- Program.’’. tor of Central Intelligence’’ and inserting ligence Program or any successor program or ‘‘Director of National Intelligence’’; and programs’’; SEC. 806. TECHNICAL AMENDMENTS TO THE IN- TELLIGENCE REFORM AND TER- (ii) in subparagraph (B), by striking ‘‘Di- (B) in subsection (d)— RORISM PREVENTION ACT OF 2004. rector of Central Intelligence’’ and inserting (i) in paragraph (1)(B), by striking ‘‘Joint (a) AMENDMENTS TO THE NATIONAL SECU- ‘‘Director of National Intelligence’’; and Military Intelligence Program’’ and insert- RITY INTELLIGENCE REFORM ACT OF 2004.—The (C) in paragraph (3), by striking ‘‘Director ing ‘‘Military Intelligence Program or any National Security Intelligence Reform Act of Central Intelligence’’ and inserting ‘‘Di- successor program or programs’’; of 2004 (title I of Public Law 108–458; 118 Stat. rector of the Central Intelligence Agency’’. (ii) in paragraph (3) in the matter pre- 3643) is amended— SEC. 810. TECHNICAL AMENDMENTS TO SECTION ceding subparagraph (A), by striking ‘‘sub- (1) in subparagraph (B) of section 1016(e)(10) 403 OF THE INTELLIGENCE AUTHOR- paragraph (A)’’ and inserting ‘‘paragraph (6 U.S.C. 485(e)(10)), by striking ‘‘Attorney IZATION ACT, FISCAL YEAR 1992. (1)(A)’’; and General’’ the second place it appears and in- (a) ROLE OF THE DIRECTOR OF NATIONAL IN- (iii) in paragraph (5)— serting ‘‘Department of Justice’’; TELLIGENCE.—Section 403 of the Intelligence (I) in subparagraph (A), by striking ‘‘or (2) in subsection (e) of section 1071, by Authorization Act, Fiscal Year 1992 (50 personnel’’ in the matter preceding clause striking ‘‘(1)’’; and U.S.C. 403–2) is amended by striking ‘‘The Di- (i); and (3) in subsection (b) of section 1072, in the rector of Central Intelligence’’ and inserting (II) in subparagraph (B), by striking ‘‘or subsection heading by inserting ‘‘AGENCY’’ the following: agency involved’’ in the second sentence and after ‘‘INTELLIGENCE’’. ‘‘(a) IN GENERAL.—The Director of National inserting ‘‘involved or the Director of the (b) OTHER AMENDMENTS TO THE INTEL- Intelligence’’. Central Intelligence Agency (in the case of LIGENCE REFORM AND TERRORISM PREVENTION (b) DEFINITION OF INTELLIGENCE COMMU- the Central Intelligence Agency)’’; ACT OF 2004.—The Intelligence Reform and NITY.—Section 403 of the Intelligence Au- (C) in subsection (l)(2)(B), by striking ‘‘sec- Terrorism Prevention Act of 2004 (Public thorization Act, Fiscal Year 1992, as amend- tion’’ and inserting ‘‘paragraph’’; and Law 108–458; 118 Stat. 3638) is amended— ed by subsection (a), is further amended— (D) in subsection (n), by inserting ‘‘AND (1) in section 2001 (28 U.S.C. 532 note)— (1) by striking ‘‘Intelligence Community’’ OTHER’’ after ‘‘ACQUISITION’’; (A) in paragraph (1) of subsection (c)— and inserting ‘‘intelligence community’’; and (3) in section 103(b), by striking ‘‘, the Na- (i) by striking ‘‘shall,’’ and inserting (2) by striking the second sentence and in- tional Security Act of 1947 (50 U.S.C. 401 et ‘‘shall’’; and serting the following: seq.),’’; (ii) by inserting ‘‘of’’ before ‘‘an institu- ‘‘(b) INTELLIGENCE COMMUNITY DEFINED.—In (4) in section 104A(g)(1) in the matter pre- tional culture’’; this section, the term ‘intelligence commu- ceding subparagraph (A), by striking ‘‘Direc- (B) in paragraph (2) of subsection (e), by nity’ has the meaning given that term in torate of Operations’’ and inserting ‘‘Na- striking ‘‘the National Intelligence Director section 3(4) of the National Security Act of tional Clandestine Service’’; in a manner consistent with section 112(e)’’ 1947 (50 U.S.C. 401a(4)).’’. (5) in section 119(c)(2)(B) (50 U.S.C. and inserting ‘‘the Director of National In- 404o(c)(2)(B)), by striking ‘‘subsection (h)’’ telligence in a manner consistent with appli- SA 4666. Mr. CASEY (for Ms. MUR- and inserting ‘‘subsection (i)’’; cable law’’; and KOWSKI) proposed an amendment to the (6) in section 701(b)(1), by striking ‘‘Direc- (C) in subsection (f), by striking ‘‘shall,’’ in bill S. 3802, to designate a mountain torate of Operations’’ and inserting ‘‘Na- the matter preceding paragraph (1) and in- and icefield in the State of Alaska as tional Clandestine Service’’; serting ‘‘shall’’; and the ‘‘Mount Stevens’’ and ‘‘Ted Stevens (7) in section 705(e)(2)(D)(i) (50 U.S.C. (2) in section 2006 (28 U.S.C. 509 note)— Icefield’’, respectively; as follows: 432c(e)(2)(D)(i)), by striking ‘‘responsible’’ (A) in paragraph (2), by striking ‘‘the Fed- and inserting ‘‘responsive’’; and eral’’ and inserting ‘‘Federal’’; and Strike all after the enacting clause and in- (8) in section 1003(h)(2) in the matter pre- (B) in paragraph (3), by striking ‘‘the spe- sert the following: ceding subparagraph (A), by striking ‘‘sub- cific’’ and inserting ‘‘specific’’. SECTION 1. SHORT TITLE. section (i)(2)(B)’’ and inserting ‘‘subsection SEC. 807. TECHNICAL AMENDMENTS TO THE EX- This Act may be cited as the ‘‘Mount Ste- (g)(2)(B)’’. ECUTIVE SCHEDULE. vens and Ted Stevens Icefield Designation SEC. 805. TECHNICAL AMENDMENTS RELATING (a) EXECUTIVE SCHEDULE LEVEL II.—Sec- Act’’. TO THE MULTIYEAR NATIONAL IN- tion 5313 of title 5, United States Code, is SEC. 2. FINDINGS. TELLIGENCE PROGRAM. amended by striking the item relating to the Congress finds that— (a) IN GENERAL.—Subsection (a) of section Director of Central Intelligence and insert- (1) Theodore ‘‘Ted’’ Fulton Stevens, who 1403 of the National Defense Authorization ing the following new item: began serving in the Senate 9 years after Act for Fiscal Year 1991 (50 U.S.C. 404b) is ‘‘Director of the Central Intelligence Agen- Alaska was admitted to Statehood, rep- amended— cy.’’. resented the people of the State of Alaska

VerDate Mar 15 2010 22:04 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00099 Fmt 4637 Sfmt 0634 E:\RECORD10\RECFILES\S27SE0.REC S27SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7554 CONGRESSIONAL RECORD — SENATE September 27, 2010 with distinction in the Senate for over 40 Fisheries Enforcement Act (16 U.S.C. 1826a et NOTICE OF MEETING years from 1968 to 2009 and played a signifi- seq.), which provided for the denial of entry cant role in the transformation of the State into ports of the United States and the impo- COMMITTEE ON RULES AND ADMINISTRATION of Alaska from an impoverished territory to sition of sanctions on vessels carrying out Mr. SCHUMER. Mr. President, I wish a full-fledged State through the assistance large-scale driftnet fishing beyond the exclu- to announce that the Committee on he provided in building energy facilities, hos- sive economic zone of any nation; Rules and Administration will meet on pitals and clinics, roads, docks, airports, (9) Ted Stevens was committed to health Wednesday, September 29, 2010, at 10 water and sewer facilities, schools, and other and fitness in his personal life and in his leg- a.m., to hear testimony on ‘‘Examining community facilities in the State of Alaska, islative accomplishments, as illustrated by the Filibuster: Ideas to Reduce Delay which earned him recognition as ‘‘Alaskan of his authorship of the Ted Stevens Amateur the Century’’ from the Alaska Legislature in and Olympic Sports Act (36 U.S.C. 220501 et and Encourage Debate in the Senate.’’ 2000; seq.), his encouragement of providing equal- For further information regarding (2) Ted Stevens distinguished himself as a ity to female athletes through the enact- this meeting, please contact Lynden transport pilot during World War II in sup- ment of title IX of the Education Amend- Armstrong at the Rules and Adminis- port of the ‘‘Flying Tigers’’ of the United ments of 1972 (20 U.S.C. 1681 et seq.), and his tration Committee on (202) 224–6352. States Army Air Corps, 14th Air Force, earn- leadership in improving physical education ing 2 Distinguished Flying Crosses and other programs in schools through the Carol M. f decorations for his skill and bravery; White Physical Education Program (20 PRIVILEGES OF THE FLOOR (3) Ted Stevens, after serving as a United U.S.C. 7261 et seq.); States Attorney in the territory of Alaska, (10) Ted Stevens unconditionally supported Mr. REID. Mr. President, on behalf of came to Washington, District of Columbia in the needs of the Armed Forces of the United Senator MAX BAUCUS of Montana, I ask 1956 to serve in the Eisenhower Administra- States through visits to soldiers, sailors, air- unanimous consent that Mary Baker tion in the Department of the Interior, men, marines, and Coast Guardsmen in every and John Merrick, members of his where he was a leading force in securing the major military conflict and war zone where staff, be permitted the privilege of the legislation that led to the admission of Alas- United States military personnel have been ka as the 49th State on January 3, 1959, and floor during consideration of S. 3816 assigned during his service in the Senate, in- and any votes thereon. then as Solicitor of the Department of the cluding Vietnam, Kuwait, Bosnia, Kosovo, Interior; Iraq, and Afghanistan, and in his role as The ACTING PRESIDENT pro tem- (4) in 1961, Ted Stevens returned to the Chairman and Ranking Member of the Sub- pore. Without objection, it is so or- State of Alaska and, in 1964, was elected to committee on Defense Appropriations for dered. the Alaska House of Representatives, where more than 20 years; Mr. KAUFMAN. Mr. President, I ask he was subsequently elected as Speaker pro (11) Ted Stevens was a devoted husband, fa- unanimous consent that Jeffrey Colvin, tempore and majority leader until his ap- ther, and grandfather who worked to pro- pointment on December 24, 1968, to the Sen- a legislative fellow in my office, be mote family-friendly policies in the Federal granted the privilege of the floor for ate to fill the vacancy caused by the death of government; Senator E.L. Bartlett; the remainder of the Congress. (12) Ted Stevens was well-respected for (5) Ted Stevens, the longest-serving Repub- reaching across the aisle to forge bipartisan The ACTING PRESIDENT pro tem- lican Senator in the history of the Senate, alliances and enjoyed many close friendships pore. Without objection, it is so or- served as President pro tempore of the Sen- with colleagues in both political parties and dered. ate from 2003 through 2007 and as President with his staff, who were deeply loyal to him; pro tempore emeritus from 2008 to 2009, and f and over the course of his career in the Senate, (13) the designation of the unnamed high- REDUCING OVER-CLASSIFICATION Ted Stevens served as assistant Republican est peak in the State of Alaska, along with leader, Chairman of the Select Committee on ACT an icefield in the Chugach National Forest in Ethics, Chairman of the Committee on Rules Mr. DURBIN. Mr. President, I ask and Administration, Chairman of the Com- that State, in honor of Ted Stevens would be a fitting tribute to his honorable life and leg- unanimous consent that the Senate mittee on Governmental Affairs, Chairman proceed to Calendar No. 413, H.R. 553. of the Committee on Appropriations, and acy. Chairman of the Committee on Commerce, SEC. 3. DESIGNATION OF MOUNT STEVENS. The PRESIDING OFFICER. The Science, and Transportation; (a) DESIGNATION.—Not later than 30 days clerk will report the bill by title. (6) Ted Stevens worked tirelessly for the after the date of enactment of this Act, the The assistant legislative clerk read enactment of the Alaska Native Claims Set- United States Board on Geographic Names as follows: tlement Act (43 U.S.C. 1601 et seq.), which (referred to in this Act as the ‘‘Board’’) shall A bill (H.R. 553) to require the Secretary of provided for the conveyance of approxi- designate the unnamed, 13,895-foot peak in Homeland Security to develop a strategy to mately 44,000,000 acres of land in the State of the Alaska Range in Denali National Park prevent the over-classification of homeland Alaska to the Aleut, Eskimo, and Indian peo- and Preserve in the State of Alaska, located security and other information and to pro- ples and created Native Corporations to se- at latitude 62.920469308 and longitude mote the sharing of unclassified homeland cure the long-term economic, cultural, and -151.066510314, as the ‘‘Mount Stevens’’. security and other information, and for (b) REFERENCES.—Any reference in a law, political empowerment of the Native peoples other purposes. of the State of Alaska; map, regulation, document, paper, or other (7) Ted Stevens was a leader in shaping the record of the United States to the peak re- There being no objection, the Senate communications policies of the United ferred to in subsection (a) shall be deemed to proceeded to consider the bill which States, as he helped to establish the spec- be a reference to the ‘‘Mount Stevens’’. had been reported from the Committee trum auction policy, negotiated the Tele- SEC. 4. DESIGNATION OF TED STEVENS on Homeland Security and Govern- communications Act of 1996, authored the ICEFIELD. mental Affairs with an amendment to Digital Television Transition and Public (a) DEFINITION OF ICEFIELD.—In this sec- strike all after the enacting clause and Safety Act of 2005 (47 U.S.C. 309 note; Public tion, the term ‘‘icefield’’ means the icefield insert in lieu thereof the following: Law 109–171), and passionately advocated for in the northern Chugach National Forest in the connection of rural America to the rest the State of Alaska— SECTION 1. SHORT TITLE. of the world and to improve the lives of the (1) comprising approximately 8,340 square This Act may be cited as the ‘‘Reducing Over- people of the United States through the use miles, as delineated by the map entitled ‘‘Ice Classification Act’’. of telemedicine and distance learning; Field Name Proposal in Honor of Stevens’’ SEC. 2. FINDINGS. (8) Ted Stevens was a conservationist who dated September 24, 2010, as prepared by the Congress finds the following: championed the safe development of the nat- Forest Service and available for inspection (1) The National Commission on Terrorist At- ural resources of the United States, as illus- at Forest Service headquarters in Wash- tacks Upon the United States (commonly known trated by his authorship of the Trans-Alaska ington, District of Columbia; and as the ‘‘9/11 Commission’’) concluded that there Pipeline Authorization Act (43 U.S.C. 1651 et (2) including the Harvard, Yale, Columbia, is a need to prevent over-classification of infor- seq.), the Magnuson-Stevens Fishery Con- Nelchina, Tazlina, Valdez, and Shoup Gla- mation by the Federal Government. servation and Management Act (16 U.S.C. ciers. (2) The 9/11 Commission and others have ob- 1801 et seq.), which established the 200-mile (b) DESIGNATION.—Not later than 30 days served that the over-classification of informa- exclusive economic zone and led to a reduc- after the date of enactment of this Act, the tion interferes with accurate, actionable, and tion in the dominance of foreign fishing Board shall designate the icefield as the timely information sharing, increases the cost of fleets in the fisheries of the United States, ‘‘Ted Stevens Icefield’’. information security, and needlessly limits pub- the Magnuson-Stevens Fishery Conservation (c) REFERENCES.—Any reference in a law, lic access to information. and Management Reauthorization Act of 2006 map, regulation, document, paper, or other (3) Over-classification of information causes (Public Law 109–479; 120 Stat. 3575), which es- record of the United States to the icefield considerable confusion about what information tablished conservation measures designed to shall be deemed to be a reference to the ‘‘Ted may be shared with whom, and negatively af- end overfishing, and the High Seas Driftnet Stevens Icefield’’. fects the dissemination of information within

VerDate Mar 15 2010 22:04 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00100 Fmt 4637 Sfmt 6333 E:\RECORD10\RECFILES\S27SE0.REC S27SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 27, 2010 CONGRESSIONAL RECORD — SENATE S7555 the Federal Government and with State, local, ‘‘(A) consistent with paragraph (1), have ac- ‘‘(i) based on the intelligence product referred and tribal entities, and the private sector. cess to all intelligence information, including in- to in subparagraph (A), in a manner consistent (4) Excessive government secrecy stands in the telligence reports, operational data, and other with the guidance established under paragraph way of a safer and more secure homeland. Over- associated information, produced by any ele- (1)(G)(i); and classification of information is antithetical to ment of the intelligence community; and ‘‘(ii) provide such product to the appropriate the creation and operation of the information ‘‘(B) consistent with the protection of intel- entity or agency. sharing environment established under 1016 of ligence sources and methods, as determined by ‘‘(C)(i) The Secretary of Homeland Security the Intelligence Reform and Terrorism Preven- the Director— shall submit to the congressional intelligence tion Act of 2004 (6 U.S.C. 485). ‘‘(i) ensure maximum access to the intelligence committees, the Committee on Homeland Secu- (5) Federal departments or agencies author- information referenced in subparagraph (A) for rity and Governmental Affairs of the Senate, ized to make original classification decisions or an employee of a department, agency, or other and the Committee on Homeland Security of the that perform derivative classification of infor- entity of the Federal Government or of a State, House of Representatives an annual report on mation are responsible for developing, imple- local, or tribal government who has an appro- activities carried out under this paragraph. menting, and administering policies, procedures, priate security clearance; and Each such report shall include a description and programs that promote compliance with ap- ‘‘(ii) provide a mechanism within the Office of of— plicable laws, executive orders, and other au- the Director of National Intelligence for the Di- ‘‘(I) each recommendation made to the Under thorities pertaining to the proper use of classi- rector to direct access to the information ref- Secretary for Intelligence and Analysis under fication markings and the policies of the Na- erenced in subparagraph (A) for an employee re- subparagraph (B); tional Archives and Records Administration. ferred to in clause (i).’’. ‘‘(II) each such recommendation that was car- ried out by the Under Secretary; and SEC. 3. CLASSIFIED INFORMATION ADVISORY OF- SEC. 5. INTELLIGENCE INFORMATION SHARING. ‘‘(III) each such recommendation that was not FICER. (a) DEVELOPMENT OF GUIDANCE FOR INTEL- carried out by the Under Secretary. (a) IN GENERAL.—Subsection (d) of section 201 LIGENCE PRODUCTS.—Paragraph (1) of section ‘‘(ii) The initial report required under clause of the Homeland Security Act of 2002 (6 U.S.C. 102A(g) of the National Security Act of 1947 (50 (i) shall be submitted not later than 270 days 121) is amended by adding at the end the fol- U.S.C. 403–1(g)) is amended— after the date of the enactment of the Reducing lowing: (1) in subparagraph (E), by striking ‘‘and’’ at Over-Classification Act and no reports shall be ‘‘(26) To identify and designate, acting the end; required under clause (i) after December 31, through the Under Secretary for Intelligence (2) in subparagraph (F), by striking the period 2014.’’. and Analysis, a Classified Information Advisory at the end and inserting a semicolon and (c) INTERAGENCY THREAT ASSESSMENT AND CO- Officer to assist State, local, tribal, and private ‘‘and’’; and ORDINATION GROUP ANNUAL REPORT MODIFICA- sector entities that have responsibility for the (3) by adding at the end the following: TION.—Subsection (c) of section 210D of the security of critical infrastructure, in matters re- ‘‘(G) in accordance with Executive Order No. Homeland Security Act of 2002 (6 U.S.C. 124k) is lated to classified materials, as described in sec- 12958, as amended by Executive Order No. 13292 amended— tion 210F.’’. (68 Fed. Reg. 15315; relating to classification of (1) in paragraph (1), by striking ‘‘and’’ at the (b) ESTABLISHMENT AND RESPONSIBILITIES.— national security information) (or any subse- end; (1) IN GENERAL.—Subtitle A of title II of the quent corresponding executive order), and parts (2) in paragraph (2), by striking the period at Homeland Security Act of 2002 (6 U.S.C. 121 et 2001 and 2004 of title 32, Code of Federal Regu- the end and inserting a semicolon and ‘‘and’’; seq.) is amended by adding at the end the fol- lations (or any subsequent corresponding regu- and lowing: lation), establish— (3) by adding at the end the following: ‘‘SEC. 210F. CLASSIFIED INFORMATION ADVISORY ‘‘(i) guidance to standardize, in appropriate ‘‘(3) in each report required by paragraph (2) OFFICER. cases, the formats for classified and unclassified submitted after the date of the enactment of the ‘‘(a) REQUIREMENT TO ESTABLISH.—The Sec- intelligence products created by elements of the Reducing Over-Classification Act, include a de- retary, acting through the Under Secretary for intelligence community for purposes of pro- scription of the progress made by the head of Intelligence and Analysis, shall identify and moting the sharing of intelligence products; and each Federal department and agency to share designate within the Department a Classified ‘‘(ii) policies and procedures requiring the in- information with the ITACG pursuant to section Information Advisory Officer, as described in creased use, in appropriate cases, and including 102A(g)(3)(A) of the National Security Act of this section. portion markings, of the classification of por- 1947 (50 U.S.C. 403–1(g)(3)(A)).’’. ‘‘(b) RESPONSIBILITIES.—The responsibilities of tions of information within one intelligence SEC. 6. PROMOTION OF ACCURATE CLASSIFICA- the Classified Information Advisory Officer product.’’. TION OF INFORMATION. (a) DERIVATIVE CLASSIFICATION AND ORIGINAL shall be as follows: (b) CREATION OF UNCLASSIFIED INTELLIGENCE CLASSIFICATION DEFINED.—In this section, the ‘‘(1) To develop and disseminate educational PRODUCTS AS APPROPRIATE FOR STATE, LOCAL, terms ‘‘derivative classification’’ and ‘‘original materials and to develop and administer train- TRIBAL, AND PRIVATE SECTOR STAKEHOLDERS.— ing programs to assist State, local, tribal, and Subsection (g) of section 102A of the National classification’’ have the meaning given those private sector entities with responsibility related Security Act of 1947 (50 U.S.C. 403–1) is amend- terms in Executive Order No. 12958, as amended to the security of critical infrastructure— ed— by Executive Order No. 13292 (68 Fed. Reg. ‘‘(A) in developing plans and policies to re- (1) by redesignating paragraphs (3) and (4) as 15315; relating to classification of national secu- spond to requests related to classified informa- paragraphs (4) and (5), respectively; and rity information) (or any subsequent cor- tion without communicating such information to (2) by inserting after paragraph (2) the fol- responding executive order). (b) INCENTIVES FOR ACCURATE CLASSIFICA- individuals who lack appropriate security clear- lowing: TIONS.—The head of each department or agency ances; ‘‘(3)(A) If the head of a Federal department or of the United States with an officer or employee ‘‘(B) regarding the appropriate procedures for agency determines that an intelligence product who is authorized to make original classification challenging classification designations of infor- which includes homeland security information, decisions or derivative classification decisions mation received by personnel of such entities; as defined in section 892(f) of the Homeland Se- shall consider such officer’s or employee’s con- and curity Information Sharing Act (6 U.S.C. 482(f)), sistent and proper classification of information ‘‘(C) on the means by which such personnel or terrorism information, as defined in section in determining whether to award any personnel may apply for security clearances. 1016(a) of the Intelligence Reform and Terrorism incentive to the officer or employee. ‘‘(2) To inform the Under Secretary for Intel- Prevention Act of 2004 (6 U.S.C. 485(a)), could ligence and Analysis on policies and procedures (c) INSPECTOR GENERAL EVALUATIONS.— likely benefit a State, local, or tribal govern- (1) REQUIREMENT FOR EVALUATIONS.—Not less that could facilitate the sharing of classified in- ment, a law enforcement agency, or a private formation with such personnel, as appro- frequently than once each year until December sector entity with responsibility for the security 31, 2014, the inspector general of each depart- priate.’’. of critical infrastructure, such head shall share (2) CLERICAL AMENDMENT.—The table of con- ment or agency of the United States with an of- that intelligence product with the Interagency ficer or employee who is authorized to make tents in section 1(b) of the Homeland Security Threat Assessment and Coordination Group es- Act of 2002 (6 U.S.C. 101 et seq.) is amended by original classifications shall carry out an eval- tablished in section 210D(a) of the Homeland Se- uation of that department or agency or a com- inserting after the item relating to section 210E curity Act of 2002 (6 U.S.C. 124k(a)). the following: ponent of the department or agency— ‘‘(B) If the Interagency Threat Assessment (A) to assess whether applicable classification ‘‘Sec. 210F. Classified Information Advisory Of- and Coordination Group determines that an in- policies, procedures, rules, and regulations have ficer.’’. telligence product referred to in subparagraph been adopted, followed, and effectively adminis- SEC. 4. PROMOTION OF APPROPRIATE ACCESS TO (A), or any other intelligence product that such tered within such department, agency, or com- INFORMATION. Group has access to, could likely benefit a State, ponent; and Subsection (b) of section 102A of the National local, or tribal government, a law enforcement (B) to identify policies, procedures, rules, reg- Security Act of 1947 (50 U.S.C. 403–1) is amend- agency, or a private sector entity, the Group ulations, or management practices that may be ed— shall recommend to the Under Secretary for In- contributing to persistent misclassification of (1) by inserting ‘‘(1)’’ before ‘‘Unless’’; and telligence and Analysis of the Department of material within such department, agency or (2) by adding at the end the following new Homeland Security that the Under Secretary component. paragraph: produce an intelligence product that is unclassi- (2) REPORTS.— ‘‘(2) The Director of National Intelligence fied or that is classified at the lowest possible (A) REQUIREMENT.—Each inspector general shall— level— who is required to carry out an evaluation

VerDate Mar 15 2010 22:04 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00101 Fmt 4637 Sfmt 6333 E:\RECORD10\RECFILES\S27SE0.REC S27SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7556 CONGRESSIONAL RECORD — SENATE September 27, 2010 under paragraph (1) shall submit to the appro- Mr. DURBIN. I ask unanimous con- formation and services by establishing that priate entities a report on each such evaluation. sent that the committee-reported sub- Government documents issued to the public (B) CONTENT.—Each report submitted under stitute be considered; a Lieberman must be written clearly, and for other pur- subparagraph (A) shall include a description amendment, which is at the desk, be poses.’’, do pass with the following Amend- of— ments: (i) the policies, procedures, rules, regulations, agreed to; the committee-reported sub- Ω1æOn page 2, line 17, strike ørelevant to¿ and or management practices, if any, identified by stitute amendment, as amended, be insert necessary for the inspector general under paragraph (1)(B); agreed to; the bill, as amended, be read Ω2æOn page 3, strike lines 5 through 9 and in- and a third time and passed; the motions to sert the following: (ii) the recommendations, if any, of the in- reconsider be laid upon the table with- (3) PLAIN WRITING.—The term ‘‘plain writ- spector general to address any such identified out intervening action or debate; and ing’’ means writing that is clear, concise, policies, procedures, rules, regulations, or man- any statements relating to the bill be well-organized, and follows other best prac- agement practices. printed in the RECORD. tices appropriate to the subject or field and (C) COORDINATION.—The inspectors general intended audience. who are required to carry out evaluations under The PRESIDING OFFICER. Without Ω æ paragraph (1) shall coordinate with each other objection, it is so ordered. 3 On page 4, line 2, after ‘‘website’’ insert as to ensure that evaluations follow a consistent The amendment (No. 4661) was agreed required under paragraph (2) methodology, as appropriate, that allows for to. f cross-agency comparisons. (The amendment is printed in today’s INDIAN VETERANS HOUSING (3) APPROPRIATE ENTITIES DEFINED.—In this RECORD under ‘‘Text of Amendments.’’) OPPORTUNITY ACT OF 2010 paragraph, the term ‘‘appropriate entities’’ The committee amendment in the means— Mr. CASEY. Mr. President, I ask nature of a substitute, as amended, was (A) the Committee on Homeland Security and unanimous consent that the Senate agreed to. Governmental Affairs and the Select Committee proceed to the immediate consider- on Intelligence of the Senate; The amendment was ordered to be ation of Calendar No. 579, H.R. 3553. (B) the Committee on Homeland Security, the engrossed and the bill to be read a The PRESIDING OFFICER. The Committee on Oversight and Government Re- third time. clerk will report the bill by title. form, and the Permanent Select Committee on The bill (H.R. 553), as amended, was The legislative clerk read as follows: Intelligence of the House of Representatives; read the third time and passed. (C) any other committee of Congress with ju- A bill (H.R. 3553) to exclude from consider- risdiction over a department or agency referred f ation as income under the Native American to in paragraph (1); PLAIN WRITING ACT OF 2010 Housing Assistance and Self-Determination (D) the head of a department or agency re- Act of 1996 amounts received by a family ferred to in paragraph (1); and Mr. CASEY. Mr. President, I ask from the Department of Veterans Affairs for (E) the Director of the Information Security unanimous consent that the Senate service-related disabilities of a member of Oversight Office. proceed to the immediate consider- the family. SEC. 7. CLASSIFICATION TRAINING PROGRAM. ation of Calendar No. 321, H.R. 946. There being no objection, the Senate (a) INTELLIGENCE COMMUNITY DEFINED.—In The PRESIDING OFFICER. The this section, the term ‘‘intelligence community’’ proceeded to consider the bill. clerk will report the bill by title. Mr. CASEY. I ask unanimous consent has the meaning given that term in section 3(4) The legislative clerk read as follows: of the National Security Act of 1947 (50 U.S.C. that the bill be read a third time and 401a(4)). A bill (H.R. 946) to enhance citizen access passed, the motion to reconsider be (b) REQUIREMENT FOR PROGRAM.— to Government information and services by laid upon the table, with no inter- (1) IN GENERAL.—The Director of National In- establishing that Government documents issued to the public must be written clearly, vening action or debate, and any state- telligence, in accordance with Executive Order ments related to the bill be printed in No. 12958, as amended by Executive Order No. and for other purposes. the RECORD. 13292 (68 Fed. Reg. 15315; relating to classifica- There being no objection, the Senate The PRESIDING OFFICER. Without tion of national security information) (or any proceeded to consider the bill. objection, it is so ordered. subsequent corresponding executive order), shall Mr. CASEY. I ask unanimous consent The bill (H.R. 3553) was ordered to a require annual training for each employee of an that an Akaka amendment, which is at element of the intelligence community and ap- third reading, was read the third time, the desk, be agreed to; the bill, as propriate personnel of each contractor to an ele- and passed. ment of the intelligence community who has amended, be read a third time and f original classification authority, performs deriv- passed; the motion to reconsider be ative classification, or is responsible for anal- laid upon the table with no intervening KINGMAN AND HERITAGE ISLANDS ysis, dissemination, preparation, production, re- action or debate; and any statements ACT OF 2009 ceiving, publishing, or otherwise communicating related to the bill be printed in the written classified information that includes Mr. CASEY. Mr. President, I ask RECORD. unanimous consent that the Senate training— The PRESIDING OFFICER. Without (A) to educate the employee and contractor proceed to Calendar No. 582, H.R. 2092. personnel regarding— objection, it is so ordered. The PRESIDING OFFICER. The (i) the guidance established under subpara- The amendment (No. 4663) was agreed clerk will report the bill by title. graph (G)(i) of section 102A(g)(1) of the Na- to, as follows: The legislative clerk read as follows: tional Security Act of 1947 (50 U.S.C. 403– (Purpose: To modify the definition of plain A bill (H.R. 2092) to amend the National 1(g)(1)), as added by section 5(a)(3), regarding writing, and for other purposes) the formatting of finished intelligence products; Children’s Island Act of 1995 to expand allow- On page 2, line 9, strike ‘‘relevant to’’ and able uses for Kingman and Heritage Islands (ii) the proper use of classification markings, insert ‘‘necessary for’’. including portion markings that indicate the by the District of Columbia, and for other On page 2, strike lines 21 through 25 and in- purposes, do pass with amendments. classification of portions of information within sert the following: one intelligence product; and (3) PLAIN WRITING.—The term ‘‘plain writ- There being no objection, the Senate (iii) any incentives and penalties related to ing’’ means writing that is clear, concise, proceeded to consider the bill, which the proper classification of intelligence informa- well-organized, and follows other best prac- had been reported from the Committee tion; and tices appropriate to the subject or field and on Homeland Security and Govern- (B) that is one of the prerequisites, once com- intended audience. pleted successfully, as evidenced by an appro- mental Affairs, with amendments, as On page 3, line 18, insert ‘‘as required under follows: priate certificate or other record, for— paragraph (2)’’ after ‘‘website’’. (i) obtaining original classification authority (The parts of the bill intended to be or derivatively classifying information; and The amendment was ordered to be stricken are shown in boldface brack- (ii) maintaining such authority. engrossed and the bill to be read a ets and the parts of the bill intended to (2) RELATIONSHIP TO OTHER PROGRAMS.—The third time. be inserted are shown in italics.) Director of National Intelligence shall ensure The bill (H.R. 946), as amended, was H.R. 2092 that the training required by paragraph (1) is read the third time and passed, as fol- Be it enacted by the Senate and House of Rep- conducted efficiently and in conjunction with lows: any other security, intelligence, or other train- resentatives of the United States of America in ing programs required by elements of the intel- H.R. 946 Congress assembled, ligence community to reduce the costs and ad- Resolved, That the bill from the House of SECTION 1. SHORT TITLE. ministrative burdens associated with carrying Representatives (H.R. 946) entitled ‘‘An Act This Act may be cited as the ‘‘Kingman out the training required by paragraph (1). to enhance citizen access to Government in- and Heritage Islands Act of 2009’’.

VerDate Mar 15 2010 22:04 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00102 Fmt 4637 Sfmt 0634 E:\RECORD10\RECFILES\S27SE0.REC S27SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 27, 2010 CONGRESSIONAL RECORD — SENATE S7557 SEC. 2. AMENDMENTS TO NATIONAL CHILDREN’S The committee amendments were ‘‘(e) USE OF SUPPLY SCHEDULES BY THE RED ISLAND ACT OF 1995. agreed to. CROSS AND OTHER QUALIFIED ORGANIZATIONS.— (a) EXPANSION OF ALLOWABLE USES FOR The amendments were ordered to be ‘‘(1) IN GENERAL.—The Administrator may KINGMAN AND HERITAGE ISLAND.—The Na- engrossed and the bill to be read a provide for the use by the American National tional Children’s Island Act of 1995 (sec. 10– Red Cross and other qualified organizations of 1401 et seq., D.C. Official Code) is amended by third time. The bill (H.R. 2092), as amended, was Federal supply schedules. Purchases under this adding at the end the following: authority by the American National Red Cross ‘‘SEC. 7. COMPREHENSIVE AND ANACOSTIA WA- read the third time and passed. shall be used in furtherance of the purposes of TERFRONT FRAMEWORK PLANS. f the American National Red Cross set forth in ‘‘(a) COMPLIANCE WITH PLANS.—Notwith- UNITED STATES SECRET SERVICE section 300102 of title 36, United States Code. standing any other provision of this Act, it is Purchases under this authority by other quali- not a violation of the terms and conditions UNIFORMED DIVISION MOD- fied organizations shall be used in furtherance of this Act for the District of Columbia to ERNIZATION ACT OF 2010 of purposes determined to be appropriate to fa- use the lands conveyed and the easements cilitate emergency preparedness and disaster re- granted under this Act in accordance with Mr. CASEY. Mr. President, I ask that lief and set forth in guidance by the Adminis- the Anacostia Waterfront Framework Plan the Chair lay before the Senate a mes- trator of General Services, in consultation with and the Comprehensive Plan. sage from the House with respect to S. the Administrator of the Federal Emergency ‘‘(b) DEFINITIONS.—For purposes of this sec- 1510, U.S. Secret Service Uniformed Di- Management Agency. tion, the following definitions apply: vision Modernization Act of 2010. ‘‘(2) LIMITATION.—The authority under this ‘‘(1) ANACOSTIA WATERFRONT FRAMEWORK The PRESIDING OFFICER laid be- subsection may not be used to purchase supplies PLAN.—The term ‘Anacostia Waterfront fore the Senate the following message: Framework Plan’ means the November 2003 for resale. Anacostia Waterfront Framework Plan to re- S. 1510 ‘‘(3) QUALIFIED ORGANIZATION.—In this sub- develop and revitalize the Anacostia water- Resolved, That the bill (S. 1510) entitled section, the term ‘qualified organization’ means front in the District of Columbia, as may be ‘‘An Act to transfer statutory entitlements a relief or disaster assistance organization as amended from time to time, developed pur- to pay and hours of work authorized by laws described in section 309 of the Robert T. Stafford suant to a memorandum of understanding codified in the District of Columbia Official Disaster Relief and Emergency Assistance Act dated March 22, 2000, between the General Code for current members of the United (42 U.S.C. 5152).’’. Services Administration, Government of the States Secret Service Uniformed Division SEC. 3. DUTY OF USERS REGARDING USE OF FED- District of Columbia, Office of Management from such laws to the United States Code, do ERAL SUPPLY SCHEDULES. and Budget, Naval District Washington, pass with amendments. Section 502 of title 40, United States Code, as Military District Washington, Marine Bar- Mr. CASEY. I ask unanimous consent amended by section 2, is further amended by racks Washington, Department of Labor, De- that the Senate concur in the House adding at the end the following new subsection: ‘‘(f) DUTY OF USERS REGARDING USE OF SUP- partment of Transportation, National Park amendments to the Senate bill, with an Service, Army Corps of Engineers, Environ- PLY SCHEDULES.—All users of Federal supply amendment which is at the desk; that schedules, including non-Federal users, shall mental Protection Agency, Washington Met- the motion to concur be agreed to and ropolitan Area Transit Authority, National use the schedules in accordance with the order- Capital Planning Commission, National Ar- the motion to reconsider be laid upon ing guidance provided by the Administrator of boretum, and Small Business Administra- the table; further that the Senate General Services.’’. tion. agree to the title amendment. SEC. 4. AUTHORITY OF STATE AND LOCAL GOV- ‘‘(2) COMPREHENSIVE PLAN.—The term The PRESIDING OFFICER. Without ERNMENTS TO USE SUPPLY SCHED- ‘Comprehensive Plan’ means the Comprehen- objection, it is so ordered. ULES FOR CERTAIN GOODS AND sive Plan of the District of Columbia ap- The amendment (No. 4664) was agreed SERVICES. proved by the Council of the District of Co- to. Subsection (d)(1) of section 502 of title 40, lumbia on December 28, 2006, as such plan The amendment is printed in today’s United States Code, is amended by inserting ‘‘, to facilitate disaster preparedness or response,’’ may be amended or superseded from time to RECORD under ‘‘Text of Amendments.’’) time.’’. after ‘‘Robert T. Stafford Disaster Relief and The title amendment was agreed to, Emergency Assistance Act (42 U.S.C. 5121 et (b) MODIFICATION OF REVERSIONARY INTER- as follows: ‘‘An Act to transfer statu- EST.—Paragraph (1) of section 3(d) of the Na- seq.)’’. tional Children’s Island Act of 1995 (sec. 10– tory entitlements to pay and hours of SEC. 5. PAYGO COMPLIANCE. 1402(d)(1), D.C. Official Code) is amended by work authorized by laws codified in the The budgetary effects of this Act, for the pur- striking ‘‘The transfer under subsection (a)’’ District of Columbia Official Code for pose of complying with the Statutory Pay-As- and all that follows and inserting the fol- current members of the United States You-Go Act of 2010, shall be determined by ref- lowing: ‘‘Title in the property transferred Secret Service Uniformed Division erence to the latest statement titled ‘‘Budgetary under subsection (a) and the easements from such laws to the United States Effects of PAYGO Legislation’’ for this Act, sub- granted under subsection (b) shall revert to Code, and for other purposes.’’ mitted for printing in the Congressional Record the United States upon the expiration of the by the Chairman of the House Budget Com- 60-day period which begins on the date on f mittee, provided that such statement has been which the Secretary provides written notice ACCESS TO THE GENERAL SERV- submitted prior to the vote on passage. to the District that the Secretary has deter- ICES ADMINISTRATION’S SCHED- Amend the title so as to read: ‘‘An Act to mined that øthe¿a portion of the District is ULES PROGRAM provide increased access to the Federal sup- not using the property for recreational, envi- ply schedules of the General Services Admin- ronmental, or educational purposes in ac- Mr. CASEY. Mr. President, I ask the istration to the American Red Cross, other cordance with National Children’s Island, Chair to lay before the Senate a mes- qualified organizations, and State and local the Anacostia Waterfront Framework Plan, sage from the House on S. 2868. governments.’’. or øfor another recreational, environmental, The PRESIDING OFFICER laid be- Mr. CASEY. I ask unanimous consent or educational purpose, except that the re- fore the Senate the following message: versionary interest of the United States the Senate concur in the House amend- under this paragraph shall expire upon the S. 2868 ments and the motion to reconsider be expiration of the 30-year period which begins Resolved, That the bill from the Senate (S. laid upon the table, with no inter- on the date of the enactment of the Kingman 2868) entitled ‘‘An Act to provide increased vening action. and Heritage Islands Act of 2009.¿the Com- access to the General Services Administra- The PRESIDING OFFICER. Without tion’s Schedules Program by the American prehensive Plan. Such notice shall be made in objection, it is so ordered. accordance with chapter 5 of title 5, United Red Cross and State and local govern- States Code (relating to administrative pro- ments.’’, do pass with the following amend- f cedures).’’. ments: Strike out all after the enacting clause and INTERSTATE RECOGNITION OF Mr. CASEY. I ask unanimous consent insert: NOTARIZATIONS ACT OF 2009 that the committee-reported amend- SECTION 1. SHORT TITLE. ments be agreed to, and the bill, as This Act may be cited as the ‘‘Federal Supply Mr. CASEY. Mr. President, I ask amended, be read a third time and Schedules Usage Act of 2010’’. unanimous consent the Judiciary Com- passed; the motions to reconsider be SEC. 2. AUTHORITY OF THE AMERICAN RED mittee be discharged from further con- laid upon the table, without inter- CROSS AND OTHER QUALIFIED OR- sideration of H.R. 3808, and the Senate vening action or debate; and any state- GANIZATIONS TO USE FEDERAL SUP- proceed to its immediate consider- PLY SCHEDULES FOR CERTAIN ments related to the bill be printed in GOODS AND SERVICES. ation. the RECORD. Section 502 of title 40, United States Code, is The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without amended by adding at the end the following objection, it is so ordered. The clerk objection, it is so ordered. new subsection: will report the bill by title.

VerDate Mar 15 2010 22:04 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00103 Fmt 4637 Sfmt 0634 E:\RECORD10\RECFILES\S27SE0.REC S27SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7558 CONGRESSIONAL RECORD — SENATE September 27, 2010 The legislative clerk read as follows: ties, we can ensure that the intel- employees. There are some jobs that A bill (H.R. 3808) to require any Federal or ligence community has the maximum demand the use of contractors—for ex- State court to recognize any notarization flexibility and capability it needs to ample, certain technical jobs or short- made by a notary public licensed by a State function effectively, spend taxpayer term functions—but the easy, quick fix other than the State where the court is lo- funds wisely, and keep our Nation safe. has been to just hire contractors, not cated when such notarization occurs in or af- The intelligence authorization bill long-term support. And so, our bill in- fects interstate commerce. before us is a good bill. It will give the cludes a provision calling for annual The PRESIDING OFFICER. There intelligence community much-needed personnel level assessments for the in- being no objection, the Senate pro- flexibility and authority and will en- telligence community. These assess- ceeded to consider the bill. sure appropriate intelligence oversight ments will ensure that, before more Mr. CASEY. I ask unanimous consent by this committee. people are brought in, there are ade- the bill be read a third time and Two months ago, the Senate con- quate resources to support them and passed, the motion to reconsider be firmed a new Director of National In- enough work to keep them busy. laid upon the table, with no inter- telligence. I have often said that in cre- These are just a few of the provisions vening action or debate, and any state- ating the DNI, we gave him an awful in this bill that I believe are important ments be printed in the RECORD. lot of responsibility without all the au- for the success of our intelligence col- The PRESIDING OFFICER. Without thority he needed. Well, our bill at- lection efforts and equally important objection, it is so ordered. tempts to address that problem by giv- for ensuring sound oversight by the In- The bill (H.R. 3808) was ordered to a ing the DNI clearer authority and telligence Committee. third reading, was read the third time, greater flexibility in overseeing the in- Now, the substitute amendment does and passed. telligence community. As Director not change any of these provisions. It does make some minor technical f Clapper takes on his new assignment, I expect these provisions will play a big changes, and because the fiscal year INTELLIGENCE AUTHORIZATION part in helping him lead the intel- will be over before the bill becomes ACT FOR FISCAL YEAR 2010 ligence community—and ensuring the law, some of the authorizing provisions Mr. CASEY. Mr. President, I ask rest of the intelligence community rec- have been removed. The most significant changes in the unanimous consent that the Senate ognizes his role, too. substitute reflect the compromise proceed to the immediate consider- There are also a number of provisions reached by Speaker PELOSI with the ation of H.R. 2701, the Intelligence Au- in this bill that I believe are essential for promoting good government and Senate and the administration on the thorization Act, received from the issues of congressional notification and smarter spending. Too often, we have House and at the desk. the relationship between the intel- seen programs or acquisitions of major The PRESIDING OFFICER. The ligence community and the Govern- systems balloon in cost and decrease in clerk will report the bill by title. ment Accountability Office. The legislative clerk read as follows: performance. That is unacceptable. We This new version of the congressional A bill (H.R. 2701) to authorize appropria- are in difficult economic times and the notification provision revives language tions for fiscal year 2010 for intelligence and taxpayers are spending substantial similar to the first fiscal year 2010 in- intelligence-related activities of the United sums of their hard-earned money to en- telligence authorization bill that States Government, the Community Man- sure that the intelligence community passed the Senate by unanimous con- agement Account, and the Central Intel- has the tools it needs to keep us safe. ligence Agency Retirement and Disability sent last year. This language provides If we do not demand accountability for that the executive branch will be re- System, and for other purposes. how these tools are operated or cre- There being no objection, the Senate quired to provide a ‘‘general descrip- ated, we are failing the intelligence tion’’ to all of the members of the con- proceeded to consider the bill. community and, ultimately, we are gressional intelligence committees re- Mr. BOND. Mr. President, I rise failing the American people. garding a covert action finding or con- today to join the distinguished Chair of So, for the past several years, I have gressional notification that has been the Select Committee on Intelligence sponsored amendments that require limited to the ‘‘Gang of Eight.’’ This in supporting the passage of H.R. 2701, the intelligence community to perform provision is limited to a description the Intelligence Authorization Act for vulnerability assessments of major sys- that is consistent with the reasons for Fiscal Year 2010, with a Senate sub- tems and to keep track of excessive not yet fully informing all the mem- stitute amendment. This substitute cost growth of major systems. This lat- bers of the intelligence committees, so amendment is very similar to S. 3611, ter provision is modeled on the Nunn- the provision is somewhat weaker than which the Senate passed by unanimous McCurdy provision which has guided our original language. consent nearly 2 months ago in an ef- Defense Department acquisitions for Another change to the congressional fort to encourage House Speaker years. I am happy to say that these notification provision is the insertion NANCY PELOSI to allow consideration of provisions are part of this bill. I believe of a requirement that the decision to an intelligence authorization bill. that these, and other good-government limit access to ‘‘Gang of Eight’’ find- It is often said that the third time is provisions, will encourage earlier iden- ings and notifications be reviewed the charm. I certainly hope so. Last tification and solving of problems re- within the executive branch every 180 summer, we passed our intelligence au- lating to the acquisition of major sys- days. If the President determines that thorization bill through the Senate in tems. Too often, such problems are not such limitations are no longer nec- time for the Intelligence Committee to identified until exorbitant sums of essary, then all the members of the impact fiscal year spending. Unfortu- money have been spent—and, unfortu- congressional intelligence committees nately, our bill got held up in the nately, at that point, bureaucratic in- will be provided access to such findings House for political reasons. So, in Au- ertia takes over and there is often re- and notifications. gust of this year, we tried again. Still, luctance to cancel the project. These limitations are often revisited our bill was held up. Now, here we are, Similarly, the intelligence commu- periodically by the executive branch, on the eve of a new fiscal year, and it nity must get a handle on its personnel so this time period should not cause looks like we finally have a com- levels. In these tough economic times, difficulty for the administration. We promise that will allow Congress to it is more important than ever to make have seen in the past the benefits that pass an intelligence authorization bill sure that the intelligence community come from bringing the full commit- once again. is appropriately resourced so it can ef- tees into the loop as soon as possible. Why does passing an authorization fectively perform its national security Moreover, operational sensitivities can bill matter at this late date in the fis- missions. change over time. By requiring a peri- cal year? This bill does more than just This is not, however, an open invita- odic review, this provision ensures that authorize funding for intelligence ac- tion for more contractors. Far too highly sensitive matters will remain tivities—a vital purpose in and of many times, contractors are used by protected as long as necessary, while itself. By providing current congres- the intelligence community to perform also promoting a full cooperative rela- sional guidance and statutory authori- functions better left to government tionship between the two branches.

VerDate Mar 15 2010 22:04 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00104 Fmt 4637 Sfmt 0634 E:\RECORD10\RECFILES\S27SE0.REC S27SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 27, 2010 CONGRESSIONAL RECORD — SENATE S7559 The substitute amendment contains through the committee and the Senate. into the RECORD the Senate bill be only one real new provision, section I appreciate her willingness to work passed, as amended, that any state- 348, which requires the DNI to issue a through the countless issues raised ments be printed in the RECORD. written directive governing GAO access throughout this process. I also thank The PRESIDING OFFICER. Without to information in the possession of the my colleagues for supporting this bill. objection, it is so ordered. intelligence community. This provision This 2010 intelligence authorization does not change the underlying law bill has the full support of the Senate. The clerk will read the pay-go letter. with respect to GAO access to intel- Senior administration officials have The legislative clerk read as follows: ligence information, but will allow said they will recommend that the President sign this compromise text Statement of Budgetary Effects of PAYGO Congress to study this issue more Legislation for H.R. 2701, as amended. closely in the future. into law. I urge the House of Rep- It is well past time that Congress resentatives to pass this bill as soon as Total Budgetary Effects of H.R. 2701 for the sent an intelligence authorization bill possible so that we can get back on 5-year Statutory PAYGO Scorecard: $0. to the President for his signature. Only track with our intelligence oversight. Total Budgetary Effects of H.R. 2701 for the by fulfilling our legislative function Mr. CASEY. I ask unanimous consent 10-year Statutory PAYGO Scorecard: $0. the Feinstein-Bond substitute amend- will we get back on track with per- Also submitted for the RECORD as part of forming effective and much-needed in- ment which is at the desk be consid- this statement is a table prepared by the telligence oversight. ered and agreed to, the bill as amended Congressional Budget Office, which provides I commend Senator FEINSTEIN for her be read a third time, that after the additional information on the budgetary ef- leadership in shepherding this bill reading of the Conrad pay-go letter fects on this Act, as follows: CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR THE AMENDMENT IN THE NATURE OF A SUBSTITUTE FOR H.R. 2701, THE INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2010, AS PROVIDED TO CBO ON SEPTEMBER 24TH, 2010

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

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

a The legislation would authorize appropriations for fiscal year 2010 for intelligence and intelligence-related activities of the United States Government and establish additional intelligence-related offices and programs within the federal government.

The amendment (No. 4665) in the na- (1) in paragraph (15)(F)(i), by striking ‘‘a MOUNT STEVENS AND TED STE- ture of a substitute was agreed to. language’’ and inserting ‘‘an accredited lan- VENS ICEFIELD DESIGNATION (The amendment is printed in today’s guage’’; and ACT (2) by adding at the end the following: RECORD under ‘‘Text of Amendments.’’) Mr. CASEY. Mr. President, I ask The amendment was ordered to be ‘‘(52) The term ‘accredited language train- unanimous consent that the Com- engrossed and the bill read a third ing program’ means a language training pro- mittee on Energy and Natural Re- time. gram that is accredited by an accrediting sources be discharged from further con- The bill (H.R. 2701), as amended, was agency recognized by the Secretary of Edu- sideration of S. 3802 and the Senate read the third time and passed. cation.’’. proceed to its immediate consider- f (b) EFFECTIVE DATE.— ation. ACCREDITATION OF ENGLISH (1) IN GENERAL.—Except as provided in The PRESIDING OFFICER. Without LANGUAGE paragraph (2), the amendments made by sub- objection, it is so ordered. The clerk section (a) shall— Mr. CASEY. I ask unanimous consent will report the bill by title. (A) take effect on the date that is 180 days The legislative clerk read as follows: the Judiciary Committee be discharged after the date of the enactment of this Act; from further consideration S. 1338 and A bill (S. 3802) to designate a mountain, and and icefield in the State of Alaska as the the Senate proceed to its immediate (B) apply with respect to applications for a ‘‘Mount Stevens’’ and ‘‘Ted Stevens consideration. nonimmigrant visa under section Icefield,’’ respectively. The PRESIDING OFFICER. Without 101(a)(15)(F)(i) of the Immigration and Na- There being no objection, the Senate objection, it is so ordered. The clerk tionality Act (8 U.S.C. 1101(a)(15)(F)(i)) that are filed on or after the effective date de- proceeded to consider the bill. will report. Mr. CASEY. Mr. President, I ask The legislative clerk read as follows: scribed in subparagraph (A). unanimous consent that the substitute A bill (S. 1338) to require the accredi- (2) TEMPORARY EXCEPTION.— amendment which is at the desk be tation of English language training (A) IN GENERAL.—Notwithstanding section agreed to, the bill, as amended, be read programs, and for other purposes. 101(a)(15)(F)(i) of the Immigration and Na- There being no objection, the Senate tionality Act, as amended by subsection (a), a third time and passed, the motion to proceeded to consider the bill. during the 3-year period beginning on the reconsider be laid upon the table, and Mr. CASEY. I ask unanimous consent date of the enactment of this Act, an alien any statements be printed in the seeking to enter the United States to pursue the bill be read a third time and RECORD. a course of study at a language training pro- The PRESIDING OFFICER. Without passed, the motion to reconsider be gram that has been certified by the Sec- laid upon the table, with no inter- objection, it is so ordered. retary of Homeland Security and has not The amendment (No. 4666) was agreed vening action or debate, and any state- been accredited or denied accreditation by to, as follows: ments be printed in the RECORD. an entity described in section 101(a)(52) of (Purpose: In the nature of a substitute) The PRESIDING OFFICER. Without such Act may be granted a nonimmigrant Strike all after the enacting clause and in- objection, it is so ordered. visa under such section 101(a)(15)(F)(i). sert the following: The bill, (S. 1338) was read ordered to (B) ADDITIONAL REQUIREMENT.—An alien SECTION 1. SHORT TITLE. be engrossed for a third reading, was may not be granted a nonimmigrant visa This Act may be cited as the ‘‘Mount Ste- read the third time, and passed, as fol- under subparagraph (A) if the sponsoring in- vens and Ted Stevens Icefield Designation lows: stitution of the language training program Act’’. to which the alien seeks to enroll does not— S. 1338 SEC. 2. FINDINGS. Be it enacted by the Senate and House of Rep- (i) submit an application for the accredita- Congress finds that— resentatives of the United States of America in tion of such program to a regional or na- (1) Theodore ‘‘Ted’’ Fulton Stevens, who Congress assembled, tional accrediting agency recognized by the began serving in the Senate 9 years after SECTION 1. ACCREDITATION OF ENGLISH LAN- Secretary of Education within 1 year after Alaska was admitted to Statehood, rep- GUAGE TRAINING PROGRAMS. the date of the enactment of this Act; and resented the people of the State of Alaska (a) IN GENERAL.—Section 101(a) of the Im- (ii) comply with the applicable accrediting with distinction in the Senate for over 40 migration and Nationality Act (8 U.S.C. requirements of such agency. years from 1968 to 2009 and played a signifi- 1101(a)) is amended— cant role in the transformation of the State

VerDate Mar 15 2010 22:04 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00105 Fmt 4637 Sfmt 0634 E:\RECORD10\RECFILES\S27SE0.REC S27SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7560 CONGRESSIONAL RECORD — SENATE September 27, 2010 of Alaska from an impoverished territory to sition of sanctions on vessels carrying out SECURITY COOPERATION ACT OF a full-fledged State through the assistance large-scale driftnet fishing beyond the exclu- 2010 he provided in building energy facilities, hos- sive economic zone of any nation; pitals and clinics, roads, docks, airports, (9) Ted Stevens was committed to health Mr. CASEY. Mr. President, I ask water and sewer facilities, schools, and other and fitness in his personal life and in his leg- unanimous consent that the Senate community facilities in the State of Alaska, islative accomplishments, as illustrated by proceed to the immediate consider- which earned him recognition as ‘‘Alaskan of his authorship of the Ted Stevens Amateur ation of S. 3847, introduced earlier the Century’’ from the Alaska Legislature in and Olympic Sports Act (36 U.S.C. 220501 et today. 2000; seq.), his encouragement of providing equal- The PRESIDING OFFICER. The (2) Ted Stevens distinguished himself as a ity to female athletes through the enact- clerk will report the bill by title. transport pilot during World War II in sup- ment of title IX of the Education Amend- port of the ‘‘Flying Tigers’’ of the United ments of 1972 (20 U.S.C. 1681 et seq.), and his The legislative clerk read as follows: States Army Air Corps, 14th Air Force, earn- leadership in improving physical education A bill (S. 3847) to implement certain trade ing 2 Distinguished Flying Crosses and other programs in schools through the Carol M. cooperation treaties, and for other purposes. decorations for his skill and bravery; White Physical Education Program (20 There being no objection, the Senate (3) Ted Stevens, after serving as a United U.S.C. 7261 et seq.); proceeded to consider the bill. States Attorney in the territory of Alaska, (10) Ted Stevens unconditionally supported came to Washington, District of Columbia in Mr. CASEY. Mr. President, I ask the needs of the Armed Forces of the United unanimous consent that the bill be 1956 to serve in the Eisenhower Administra- States through visits to soldiers, sailors, air- tion in the Department of the Interior, men, marines, and Coast Guardsmen in every read three times and passed; the mo- where he was a leading force in securing the major military conflict and war zone where tion to reconsider be laid upon the legislation that led to the admission of Alas- United States military personnel have been table, with no intervening action or de- ka as the 49th State on January 3, 1959, and assigned during his service in the Senate, in- bate; and any statements be printed in then as Solicitor of the Department of the cluding Vietnam, Kuwait, Bosnia, Kosovo, the RECORD. Interior; Iraq, and Afghanistan, and in his role as The PRESIDING OFFICER. Without (4) in 1961, Ted Stevens returned to the Chairman and Ranking Member of the Sub- State of Alaska and, in 1964, was elected to objection, it is so ordered. committee on Defense Appropriations for The bill was ordered to be engrossed the Alaska House of Representatives, where more than 20 years; he was subsequently elected as Speaker pro (11) Ted Stevens was a devoted husband, fa- for a third reading, was read the third tempore and majority leader until his ap- ther, and grandfather who worked to pro- time, and passed, as follows: pointment on December 24, 1968, to the Sen- mote family-friendly policies in the Federal S. 3847 ate to fill the vacancy caused by the death of government; Be it enacted by the Senate and House of Rep- Senator E.L. Bartlett; (12) Ted Stevens was well-respected for (5) Ted Stevens, the longest-serving Repub- resentatives of the United States of America in reaching across the aisle to forge bipartisan Congress assembled, lican Senator in the history of the Senate, alliances and enjoyed many close friendships served as President pro tempore of the Sen- SECTION 1. SHORT TITLE. with colleagues in both political parties and ate from 2003 through 2007 and as President This Act may be cited as the ‘‘Security Co- with his staff, who were deeply loyal to him; pro tempore emeritus from 2008 to 2009, and operation Act of 2010’’. and over the course of his career in the Senate, (13) the designation of the unnamed high- TITLE I—DEFENSE TRADE COOPERATION Ted Stevens served as assistant Republican est peak in the State of Alaska, along with TREATIES leader, Chairman of the Select Committee on an icefield in the Chugach National Forest in SEC. 101. SHORT TITLE. Ethics, Chairman of the Committee on Rules that State, in honor of Ted Stevens would be This title may be cited as the ‘‘Defense and Administration, Chairman of the Com- a fitting tribute to his honorable life and leg- mittee on Governmental Affairs, Chairman Trade Cooperation Treaties Implementation acy. of the Committee on Appropriations, and Act of 2010’’. Chairman of the Committee on Commerce, SEC. 3. DESIGNATION OF MOUNT STEVENS. SEC. 102. EXEMPTIONS FROM REQUIREMENTS. Science, and Transportation; (a) DESIGNATION.—Not later than 30 days (a) RETRANSFER REQUIREMENTS.—Section (6) Ted Stevens worked tirelessly for the after the date of enactment of this Act, the 3(b) of the Arms Export Control Act (22 enactment of the Alaska Native Claims Set- United States Board on Geographic Names U.S.C. 2753(b)) is amended by inserting ‘‘a tlement Act (43 U.S.C. 1601 et seq.), which (referred to in this Act as the ‘‘Board’’) shall treaty referred to in section 38(j)(1)(C)(i) of provided for the conveyance of approxi- designate the unnamed, 13,895-foot peak in this Act permits such transfer without prior mately 44,000,000 acres of land in the State of the Alaska Range in Denali National Park consent of the President, or if’’ after ‘‘if’’. Alaska to the Aleut, Eskimo, and Indian peo- and Preserve in the State of Alaska, located (b) BILATERAL AGREEMENT REQUIRE- ples and created Native Corporations to se- at latitude 62.920469308 and longitude MENTS.—Section 38(j)(1) of such Act (22 cure the long-term economic, cultural, and -151.066510314, as the ‘‘Mount Stevens’’. U.S.C. 2778(j)(1)) is amended— political empowerment of the Native peoples (b) REFERENCES.—Any reference in a law, (1) in the subparagraph heading for sub- of the State of Alaska; map, regulation, document, paper, or other paragraph (B), by inserting ‘‘FOR CANADA’’ (7) Ted Stevens was a leader in shaping the record of the United States to the peak re- after ‘‘EXCEPTION’’; and communications policies of the United ferred to in subsection (a) shall be deemed to (2) by adding at the end the following new States, as he helped to establish the spec- be a reference to the ‘‘Mount Stevens’’. subparagraph: trum auction policy, negotiated the Tele- SEC. 4. DESIGNATION OF TED STEVENS ‘‘(C) EXCEPTION FOR DEFENSE TRADE CO- ICEFIELD. communications Act of 1996, authored the OPERATION TREATIES.— EFINITION OF CEFIELD Digital Television Transition and Public (a) D I .—In this sec- ‘‘(i) IN GENERAL.—The requirement to con- Safety Act of 2005 (47 U.S.C. 309 note; Public tion, the term ‘‘icefield’’ means the icefield clude a bilateral agreement in accordance Law 109–171), and passionately advocated for in the northern Chugach National Forest in with subparagraph (A) shall not apply with the connection of rural America to the rest the State of Alaska— respect to an exemption from the licensing of the world and to improve the lives of the (1) comprising approximately 8,340 square requirements of this Act for the export of de- people of the United States through the use miles, as delineated by the map entitled ‘‘Ice fense items to give effect to any of the fol- of telemedicine and distance learning; Field Name Proposal in Honor of Stevens’’ lowing defense trade cooperation treaties, (8) Ted Stevens was a conservationist who dated September 24, 2010, as prepared by the provided that the treaty has entered into championed the safe development of the nat- Forest Service and available for inspection force pursuant to article II, section 2, clause ural resources of the United States, as illus- at Forest Service headquarters in Wash- 2 of the Constitution of the United States: trated by his authorship of the Trans-Alaska ington, District of Columbia; and ‘‘(I) The Treaty Between the Government Pipeline Authorization Act (43 U.S.C. 1651 et (2) including the Harvard, Yale, Columbia, of the United States of America and the Gov- seq.), the Magnuson-Stevens Fishery Con- Nelchina, Tazlina, Valdez, and Shoup Gla- ernment of the United Kingdom of Great servation and Management Act (16 U.S.C. ciers. Britain and Northern Ireland Concerning De- (b) DESIGNATION.—Not later than 30 days 1801 et seq.), which established the 200-mile fense Trade Cooperation, done at Washington after the date of enactment of this Act, the exclusive economic zone and led to a reduc- and London on June 21 and 26, 2007 (and any Board shall designate the icefield as the tion in the dominance of foreign fishing implementing arrangement thereto). ‘‘Ted Stevens Icefield’’. fleets in the fisheries of the United States, ‘‘(II) The Treaty Between the Government (c) REFERENCES.—Any reference in a law, the Magnuson-Stevens Fishery Conservation of the United States of America and the Gov- map, regulation, document, paper, or other and Management Reauthorization Act of 2006 ernment of Australia Concerning Defense record of the United States to the icefield (Public Law 109–479; 120 Stat. 3575), which es- Trade Cooperation, done at Sydney Sep- shall be deemed to be a reference to the ‘‘Ted tablished conservation measures designed to tember 5, 2007 (and any implementing ar- Stevens Icefield’’. end overfishing, and the High Seas Driftnet rangement thereto). Fisheries Enforcement Act (16 U.S.C. 1826a et The bill, as amended, was ordered to ‘‘(ii) LIMITATION OF SCOPE.—The United seq.), which provided for the denial of entry be engrossed for a third reading, was States shall exempt from the scope of a trea- into ports of the United States and the impo- read the third time, and passed. ty referred to in clause (i)—

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‘‘(I) complete rocket systems (including (d) INCENTIVE PAYMENTS.—Section 39A(a) (b) COVERED AMENDMENTS.— ballistic missile systems, space launch vehi- of such Act (22 U.S.C. 2779a(a)) is amended by (1) IN GENERAL.—The requirements speci- cles, and sounding rockets) or complete un- inserting ‘‘or exported pursuant to a treaty fied in subsection (a) shall apply to any manned aerial vehicle systems (including referred to in section 38(j)(1)(C)(i) of this amendment other than an amendment that cruise missile systems, target drones, and re- Act’’ after ‘‘under this Act’’. addresses an administrative or technical connaissance drones) capable of delivering at SEC. 104. CONGRESSIONAL NOTIFICATION. matter. The requirements in subsection (a) least a 500 kilogram payload to a range of 300 (a) RETRANSFERS AND REEXPORTS.—Section shall not apply to any amendment that sole- kilometers, and associated production facili- 3(d)(3)(A) of such Act (22 U.S.C. 2753(d)(3)(A)) ly addresses an administrative or technical ties, software, or technology for these sys- is amended by inserting ‘‘or has been ex- matter. tems, as defined in the Missile Technology empted from the licensing requirements of (2) U.S.-UK IMPLEMENTING ARRANGEMENT.— Control Regime Annex Category I, Item 1; this Act pursuant to a treaty referred to in In the case of the Implementing Arrange- ‘‘(II) individual rocket stages, re-entry ve- section 38(j)(1)(C)(i) of this Act where such ment Pursuant to the Treaty Between the hicles and equipment, solid or liquid propel- treaty does not authorize the transfer with- Government of the United States of America lant motors or engines, guidance sets, thrust out prior United States Government ap- and the Government of the United Kingdom vector control systems, and associated pro- proval’’ after ‘‘approved under section 38 of of Great Britain and Northern Ireland Con- duction facilities, software, and technology, this Act’’. cerning Defense Trade Cooperation, signed at as defined in the Missile Technology Control (b) DISCRIMINATION.—Section 5(c) of such Washington February 14, 2008, amendments Regime Annex Category I, Item 2; Act (22 U.S.C. 2755(c)) is amended by insert- to which the requirements specified in sub- ‘‘(III) defense articles and defense services ing ‘‘or any import or export under a treaty section (a) apply shall include— listed in the Missile Technology Control Re- referred to in section 38(j)(1)(C)(i) of this (A) any amendment to section 2, para- gime Annex Category II that are for use in Act’’ after ‘‘under this Act’’. graphs (1), (2), or (3) that modifies the cri- rocket systems, as that term is used in such (c) ANNUAL ESTIMATE OF SALES.—Section teria governing operations, programs, and Annex, including associated production fa- 25(a) of such Act (22 U.S.C. 2765(a)) is amend- projects to which the treaty applies; cilities, software, or technology; ed— (B) any amendment to section 3, para- ‘‘(IV) toxicological agents, biological (1) in paragraph (1), by inserting ‘‘, as well graphs (1) or (2) that modifies the criteria agents, and associated equipment, as listed as exports pursuant to a treaty referred to in governing end-use requirements and the re- in the United States Munitions List (part section 38(j)(1)(C)(i) of this Act,’’ after ‘‘com- quirements for approved community mem- 121.1 of chapter I of title 22, Code of Federal mercial exports under this Act’’; and bers responding to United States Govern- Regulations), Category XIV, subcategories (2) in paragraph (2), by inserting ‘‘, as well ment solicitations; (a), (b), (f)(1), (i), (j) as it pertains to (f)(1), (l) as exports pursuant to a treaty referred to in (C) any amendment to section 4, paragraph as it pertains to (f)(1), and (m) as it pertains section 38(j)(1)(C)(i) of this Act,’’ after ‘‘com- (4) that modifies the criteria for including to all of the subcategories cited in this para- mercial exports’’. items on the list of defense articles exempt (d) PRESIDENTIAL CERTIFICATIONS.— graph; from the treaty; (1) EXPORTS.—Section 36(c) of such Act (22 ‘‘(V) defense articles and defense services (D) any amendment to section 4, paragraph U.S.C. 2776(c)) is amended by adding at the specific to the design and testing of nuclear (7) that modifies licensing and other applica- end the following new paragraph: ble requirements relating to items added to weapons which are controlled under United ‘‘(6) The President shall notify the Speaker the list of defense articles exempt from the States Munitions List Category XVI(a) and of the House of Representatives and the scope of the treaty; (b), along with associated defense articles in Chairman of the Committee on Foreign Re- (E) any amendment to section 7, paragraph Category XVI(d) and technology in Category lations of the Senate at least 15 days prior to (4) that modifies the criteria for eligibility XVI(e); an export pursuant to a treaty referred to in in the approved community under the treaty ‘‘(VI) with regard to the treaty cited in section 38(j)(1)(C)(i) of this Act to which the for nongovernmental United Kingdom enti- clause (i)(I), defense articles and defense provisions of paragraph (1) of this subsection ties and facilities; services that the United States controls would apply absent an exemption granted (F) any amendment to section 7, paragraph under the United States Munitions List that under section 38(j)(1) of this Act, for which (9) that modifies the conditions for sus- are not controlled by the United Kingdom, as purpose such notification shall contain infor- pending or removing a United Kingdom enti- defined in the United Kingdom Military List mation comparable to that specified in para- ty from the approved community under the or Annex 4 to the United Kingdom Dual Use graph (1) of this subsection.’’. treaty; List, or any successor lists thereto; and (2) COMMERCIAL TECHNICAL ASSISTANCE OR (G) any amendment to section 7, para- ‘‘(VII) with regard to the treaty cited in MANUFACTURING LICENSING AGREEMENTS.— graphs (11) or (12) that modifies the condi- clause (i)(II), defense articles for which Aus- Section 36(d) of such Act (22 U.S.C. 2776(d)) is tions under which individuals may be grant- tralian laws, regulations, or other commit- amended by adding at the end the following ed access to defense articles exported under ments would prevent Australia from enforc- new paragraph: the treaty; ing the control measures specified in such ‘‘(6) The President shall notify the Speaker (H) any amendment to section 9, para- treaty.’’. of the House of Representatives and the graphs (1), (3), (7), (8), (9), (12), or (13) that SEC. 103. ENFORCEMENT. Chairman of the Committee on Foreign Re- modifies the circumstances under which (a) CRIMINAL VIOLATIONS.—Section 38(c) of lations of the Senate at least 15 days prior to United States Government approval is re- such Act (22 U.S.C. 2778(c)) is amended by an export pursuant to a treaty referred to in quired for the re-transfer or re-export of a striking ‘‘this section or section 39, or any section 38(j)(1)(C)(i) of this Act to which the defense article, or to exceptions to such re- rule or regulation issued under either sec- provisions of paragraph (1) of this subsection quirement; and tion’’ and inserting ‘‘this section, section 39, would apply absent an exemption granted (I) any amendment to section 11, paragraph a treaty referred to in subsection (j)(1)(C)(i), under section 38(j)(1) of this Act, for which (4)(b) that modifies conditions of entry to or any rule or regulation issued under this purpose such notification shall contain infor- the United Kingdom community under the section or section 39, including any rule or mation comparable to that specified in para- treaty. regulation issued to implement or enforce a graph (1) of this subsection.’’. (3) U.S.-AUSTRALIA IMPLEMENTING AR- treaty referred to in subsection (j)(1)(C)(i) or (e) FEES AND POLITICAL CONTRIBUTIONS.— RANGEMENT.—In the case of the Imple- an implementing arrangement pursuant to Section 39(a) of such Act (22 U.S.C. 2779(a)) is menting Arrangement Pursuant to the Trea- such treaty’’. amended— ty Between the Government of the United (b) ENFORCEMENT POWERS OF PRESIDENT.— (1) in paragraph (1), by striking ‘‘; or’’ and States of America and the Government of Section 38(e) of such Act (22 U.S.C. 2278(e)) is inserting a semicolon; the Australia Concerning Defense Trade Co- amended by striking ‘‘defense services,’’ and (2) in paragraph (2), by inserting ‘‘or’’ after operation, signed at Washington March 14, inserting ‘‘defense services, including de- the semicolon; and 2008, amendments to which the requirements fense articles and defense services exported (3) by adding at the end the following new specified in subsection (a) apply shall in- or imported pursuant to a treaty referred to paragraph: clude— in subsection (j)(1)(C)(i),’’. ‘‘(3) exports of defense articles or defense (A) any amendment to section 2, para- (c) NOTIFICATION REGARDING EXEMPTIONS services pursuant to a treaty referenced in graphs (1), (2), or (3) that modifies the cri- FROM LICENSING REQUIREMENTS.—Section section 38(j)(1)(C)(i) of this Act;’’. teria governing operations, programs, and 38(f) of such Act (22 U.S.C. 2778(f)) is amended SEC. 105. LIMITATION ON IMPLEMENTING AR- projects to which the treaty applies; by adding at the end the following new para- RANGEMENTS. (B) any amendment to section 3, para- graph: (a) IN GENERAL.—No amendment to an im- graphs (1) or (2) that modifies the criteria ‘‘(4) Paragraph (2) shall not apply with re- plementing arrangement concluded pursuant governing end-use requirements and the re- spect to an exemption under subsection (j)(1) to a treaty referred to in section 38(j)(1)(C)(i) quirements for approved community mem- to give effect to a treaty referred to in sub- of the Arms Export Control Act, as added by bers responding to United States Govern- section (j)(1)(C)(i) (and any implementing ar- this Act, shall enter into effect for the ment solicitations; rangements to such treaty), provided that United States unless the Congress adopts, (C) any amendment to section 4, paragraph the President promulgates regulations to im- and there is enacted, legislation approving (4) that modifies criteria for including items plement and enforce such treaty under this the entry into effect of that amendment for on the list of defense articles exempt from section and section 39.’’. the United States. the scope of the treaty;

VerDate Mar 15 2010 22:04 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00107 Fmt 4637 Sfmt 0634 E:\RECORD10\RECFILES\S27SE0.REC S27SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7562 CONGRESSIONAL RECORD — SENATE September 27, 2010 (D) any amendment to section 4, paragraph TITLE II—AUTHORITY TO TRANSFER ed by striking ‘‘more than 4 years after’’ and (7) that modifies licensing and other applica- NAVAL VESSELS inserting ‘‘more than 8 years after’’. ble requirements relating to items added to SEC. 201. SHORT TITLE. (b) FOREIGN ASSISTANCE ACT OF 1961.—Sec- the list of defense articles exempt from the This title may be cited as the ‘‘Naval Ves- tion 514(b)(2)(A) of the Foreign Assistance scope of the treaty; sel Transfer Act of 2010’’. Act of 1961 (22 U.S.C. 2321h(b)(2)(A)) is (E) any amendment to section 6, paragraph SEC. 202. TRANSFER OF NAVAL VESSELS TO CER- amended by striking ‘‘fiscal years 2007 and (4) that modifies the criteria for eligibility TAIN FOREIGN RECIPIENTS. 2008’’ and inserting ‘‘fiscal years 2011 and in the approved community under the treaty (a) TRANSFERS BY GRANT.—The President is 2012’’. for nongovernmental Australian entities and authorized to transfer vessels to foreign f facilities; countries on a grant basis under section 516 (F) any amendment to section 6, paragraph of the Foreign Assistance Act of 1961 (22 COMBAT METHAMPHETAMINE (9) that modifies the conditions for sus- U.S.C. 2321j), as follows: ENHANCEMENT ACT pending or removing an Australian entity (1) INDIA.—To the Government of India, the Mr. CASEY. Mr. President, I ask from the Australia community under the OSPREY class minehunter coastal ships treaty; unanimous consent that the Senate KINGFISHER (MHC–56) and CORMORANT proceed to the immediate consider- (G) any amendment to section 6, para- (MHC–57). graphs (11), (12), (13), or (14) that modifies the (2) GREECE.—To the Government of Greece, ation of H.R. 2923, which was received conditions under which individuals may be the OSPREY class minehunter coastal ships from the House and is at the desk. granted access to defense articles exported OSPREY (MHC–51), BLACKHAWK (MHC–58), The PRESIDING OFFICER. The under the treaty; and SHRIKE (MHC–62). clerk will report the bill by title. (H) any amendment to section 9, para- (3) CHILE.—To the Government of Chile, The legislative clerk read as follows: graphs (1), (2), (4), (7), or (8) that modifies the the NEWPORT class amphibious tank land- circumstances under which United States A bill (H.R. 2923) to enhance the ability to ing ship TUSCALOOSA (LST–1187). combat methamphetamine. Government approval is required for the re- (4) MOROCCO.—To the Government of Mo- transfer or re-export of a defense article, or rocco, the NEWPORT class amphibious tank There being no objection, the Senate to exceptions to such requirement; and landing ship BOULDER (LST–1190). proceeded to consider the bill. (I) any amendment to section 11, paragraph (b) TRANSFER BY SALE.—The President is Mr. CASEY. Mr. President, I ask (6) that modifies conditions of entry to the authorized to transfer the OSPREY class unanimous consent the bill be read Australian community under the treaty. minehunter coastal ship ROBIN (MHC–54) to three times and passed; the motion to (c) CONGRESSIONAL NOTIFICATION FOR OTHER the Taipei Economic and Cultural Rep- reconsider be laid upon the table, with AMENDMENTS TO IMPLEMENTING ARRANGE- resentative Office of the United States MENTS.—Not later than 15 days before any (which is the Taiwan instrumentality des- no intervening action or debate; and amendment to an implementing arrange- ignated pursuant to section 10(a) of the Tai- any statements be printed in the ment to which subsection (a) does not apply wan Relations Act (22 U.S.C. 3309(a)) on a RECORD. shall take effect, the President shall provide sale basis under section 21 of the Arms Ex- The PRESIDING OFFICER. Without to the Committee on Foreign Relations of port Control Act (22 U.S.C. 2761). objection, it is so ordered. the Senate and the Committee on Foreign (c) GRANTS NOT COUNTED IN ANNUAL TOTAL The bill (H.R. 2923) was ordered to a Affairs of the House of Representatives a re- OF TRANSFERRED EXCESS DEFENSE ARTI- port containing— third reading, was read the third time, CLES.—The value of a vessel transferred to and passed. (1) the text of the amendment; and another country on a grant basis pursuant to (2) an analysis of the amendment’s effect, authority provided by subsection (a) shall f including an analysis regarding why sub- not be counted against the aggregate value section (a) does not apply. NATIONAL WORK AND FAMILY of excess defense articles transferred in any MONTH SEC. 106. IMPLEMENTING REGULATIONS. fiscal year under section 516 of the Foreign The President is authorized to issue regu- Assistance Act of 1961 (22 U.S.C. 2321j). Mr. CASEY. Mr. President, I ask lations pursuant to the Arms Export Control (d) COSTS OF TRANSFERS.—Any expense in- unanimous consent the Judiciary Com- Act (22 U.S.C. 2751 et seq.) to implement and curred by the United States in connection mittee be discharged from further con- enforce the Treaty Between the Government with a transfer authorized by this section sideration of S. Res. 618 and the Senate of the United States of America and the Gov- shall be charged to the recipient (notwith- proceed to its immediate consider- ernment of the United Kingdom of Great standing section 516(e) of the Foreign Assist- Britain and Northern Ireland Concerning De- ance Act of 1961 (22 U.S.C. 2321j(e))). ation. fense Trade Cooperation, done at Washington (e) REPAIR AND REFURBISHMENT IN UNITED The PRESIDING OFFICER. Without and London on June 21 and 26, 2007 (and any STATES SHIPYARDS.—To the maximum extent objection, it is so ordered. The clerk implementing arrangement thereto) and the practicable, the President shall require, as a will report the resolution by title. Treaty Between the Government of the condition of the transfer of a vessel under The legislative clerk read as follows: this section, that the recipient to which the United States of America and the Govern- A resolution (S. Res. 618) designating Octo- vessel is transferred have such repair or re- ment of Australia Concerning Defense Trade ber 2010, as ‘‘National Work and Family furbishment of the vessel as is needed, before Cooperation, done at Sydney, September 5, Month.’’ 2007 (and any implementing arrangement the vessel joins the naval forces of the recipi- thereto), consistent with other applicable ent, performed at a shipyard located in the There being no objection, the Senate provisions of the Arms Export Control Act, United States, including a United States proceeded to consider the resolution. as amended by this Act, and with the terms Navy shipyard. Mr. CASEY. Mr. President, I ask of any resolution of advice and consent (f) EXPIRATION OF AUTHORITY.—The author- unanimous consent the resolution be adopted by the Senate with respect to either ity to transfer a vessel under this section agreed to, the preamble be agreed to, treaty. shall expire at the end of the 2-year period the motions to reconsider be laid upon SEC. 107. RULE OF CONSTRUCTION. beginning on the date of the enactment of this Act. the table, with no intervening action Nothing in this title, the Treaty Between or debate, and any statements be print- the Government of the United States of TITLE III—OTHER MATTERS ed in the RECORD. America and the Government of the United SEC. 301. EXPEDITED CONGRESSIONAL DEFENSE Kingdom of Great Britain and Northern Ire- EXPORT REVIEW PERIOD FOR The PRESIDING OFFICER. Without land Concerning Defense Trade Cooperation, ISRAEL. objection, it is so ordered. done at Washington and London on June 21 The Arms Export Control Act (22 U.S.C. The resolution (S. Res. 618) was and 26, 2007 (and any implementing arrange- 2751 et seq.) is amended— agreed to. ment thereto), the Treaty Between the Gov- (1) in sections 3(d)(2)(B), 3(d)(3)(A)(i), The preamble was agreed to. ernment of the United States of America and 3(d)(5), 21(e)(2)(A), 36(b), 36(c), 36(d)(2)(A), The resolution, with its preamble, the Government of Australia Concerning De- 62(c)(1), and 63(a)(2), by inserting ‘‘Israel,’’ reads as follows: fense Trade Cooperation, done at Sydney, before ‘‘or New Zealand’’ each place it ap- September 5, 2007 (and any implementing ar- pears; and S. RES. 618 rangement thereto), or in any regulation (2) in section 3(b)(2), by inserting ‘‘the Gov- Whereas, according to a report by issued to implement either treaty, shall be ernment of Israel,’’ before ‘‘or the Govern- WorldatWork, a nonprofit professional asso- construed to modify or supersede any provi- ment of New Zealand’’. ciation with expertise in attracting, moti- sion of law or regulation other than the SEC. 302. EXTENSION OF WAR RESERVES STOCK- vating, and retaining employees, the quality Arms Export Control Act (22 U.S.C. 2751 et PILE AUTHORITY. of workers’ jobs and the supportiveness of seq.), as amended by this Act, and the Inter- (a) DEPARTMENT OF DEFENSE APPROPRIA- their workplaces are key predictors of work- national Traffic in Arms Regulations (sub- TIONS ACT, 2005.—Section 12001(d) of the De- ers’ job productivity, job satisfaction, and chapter M of chapter I of title 22, Code of partment of Defense Appropriations Act, 2005 commitment to employers and of employers’ Federal Regulations). (Public Law 108–287; 118 Stat. 1011) is amend- ability to retain workers;

VerDate Mar 15 2010 22:04 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00108 Fmt 4637 Sfmt 0634 E:\RECORD10\RECFILES\S27SE0.REC S27SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 27, 2010 CONGRESSIONAL RECORD — SENATE S7563 Whereas, according to the 2008 National Whereas, because so many of those troops reconsider be laid upon the table, with Study of Employers by the Families and and National Guard and Reserve members no intervening action or debate, and Work Institute, employees in more flexible have families, there needs to be a focus on any statements related to the resolu- and supportive workplaces are more effective policies and programs that can help military tion be printed in the RECORD. employees, are more highly engaged and less families adjust to the realities that come The PRESIDING OFFICER. Without likely to look for a new job in the next year, with having a family member in the mili- and enjoy better overall health, better men- tary; objection, it is so ordered. tal health, and lower levels of stress than Whereas research by the Sloan Center for The resolution (S. Res. 649) was employees in workplaces that provide less Aging and Work reveals that the majority of agreed to. flexibility and support; workers aged 53 and older attribute their The preamble was agreed to. Whereas, according to a 2004 report of the success as an employee by a great or mod- The resolution, with its preamble, Families and Work Institute entitled ‘‘Over- erate extent to having access to flexibility in reads as follows: work in America’’, employees who are able their jobs and that the majority of those S. RES. 649 to effectively balance family and work re- workers also report that, to a great extent, Whereas people in the United States are sponsibilities are less likely to report mak- flexibility options contribute to an overall living longer, and the cost of retirement is ing mistakes or feel resentment toward em- higher quality of life; increasing significantly; ployers and coworkers; 1 Whereas studies show that ⁄3 of children Whereas Social Security remains the bed- Whereas, according to the ‘‘Best Places to and adolescents in the United States are rock of retirement income for the great ma- Work in the Federal Government’’ rankings obese or overweight, and healthy lifestyle released by the Partnership for Public Serv- jority of the people of the United States but habits, including healthy eating and physical was never intended by Congress to be the ice and American University’s Institute for activity, can lower the risk of becoming the Study of Public Policy Implementation, sole source of retirement income for fami- obese and developing related diseases; lies; work-life balance and a family-friendly cul- Whereas studies report that family rituals, ture are among the key drivers of engage- Whereas recent data from the Employee such as sitting down to dinner together and Benefit Research Institute indicates that, in ment and satisfaction for employees in the sharing activities on weekends and holidays, the United States, less than 2⁄3 of workers or Federal workforce; positively influence children’s health and de- Whereas, according to a 2009 survey of col- their spouses are currently saving for retire- velopment and that children who eat dinner ment and that the actual amount of retire- lege students by the Partnership for Public with their families every day consume near- Service and Universum USA entitled ‘‘Great ment savings of workers lags far behind the ly a full serving more of fruits and vegeta- amount that will be needed to adequately Expectations! What Students Want in an bles per day than those who never eat dinner Employer and How Federal Agencies Can De- fund their retirement years; with their families or do so only occasion- Whereas financial literacy is an important liver It’’, attaining a healthy work-life bal- ally; ance was an important career goal of 66 per- factor in United States workers’ under- Whereas unpaid family caregivers will standing of the true need to save for retire- cent of the students surveyed; likely continue to be the largest source of Whereas a 2008 study by the Partnership ment; long-term care services in the United States Whereas saving for one’s retirement is a for Public Service entitled ‘‘A Golden Oppor- for the elderly; tunity: Recruiting Baby Boomers into Gov- key component to overall financial health Whereas the Department of Health and ernment’’ revealed that workers between the and security during retirement years, and Human Services anticipates that by 2050 the ages of 50 and 65 are a strong source of expe- the importance of financial literacy in plan- number of such caregivers will reach rienced talent for the Federal workforce and ning one’s retirement must be advocated; 37,000,000, an increase of 85 percent from 2000, that nearly 50 percent of workers in that age Whereas many workers may not be aware as baby boomers reach retirement age in group find flexible work schedules ‘‘ex- of their options for saving for retirement or record numbers; and tremely appealing’’; may not have focused on the importance of, Whereas the month of October is an appro- Whereas finding a good work-life balance is and need for, saving for their own retire- priate month to designate as ‘‘National important to workers in multiple genera- ment; Work and Family Month’’: Now, therefore, tions; Whereas many employees have available to Whereas employees who are able to effec- be it them, through their employers, access to de- Resolved, That the Senate— tively balance family and work responsibil- fined benefit and defined contribution plans (1) designates October 2010 as ‘‘National ities tend to feel healthier and more success- to assist them in preparing for retirement, Work and Family Month’’; ful in their relationships with their spouses, yet many of those employees may not be children, and friends; (2) recognizes the importance of work taking advantage of those plans at all or to Whereas 85 percent of wage and salaried schedules that allow employees to spend the full extent allowed by those plans as pre- workers in the United States have imme- time with their families to job productivity scribed by Federal law; diate, day-to-day family responsibilities out- and to healthy families; Whereas the need to save for retirement is side of their jobs; (3) urges public officials, employers, em- important, even during economic downturns Whereas, in 2000, research by the Radcliffe ployees, and the general public to work to- or market declines, making continued con- Public Policy Center revealed that men in gether to achieve more balance between tributions all the more important; their 20s and 30s and women in their 20s, 30s, work and family; and Whereas all workers, including public- and and 40s identified a work schedule that al- (4) calls upon the people of the United private-sector employees, employees of tax- lows them to spend time with their families States to observe National Work and Family exempt organizations, and self-employed in- as the most important job characteristic for Month with appropriate ceremonies and ac- dividuals, can benefit from increased aware- them; tivities. ness of the need to develop personal budgets Whereas, according to the 2006 American f and financial plans that include retirement Community Survey by the United States NATIONAL SAVE FOR savings strategies and to take advantage of Census Bureau, 47 percent of wage and sala- the availability of tax-preferred savings ve- ried workers in the United States are par- RETIREMENT WEEK hicles to assist them in saving for retire- ents with children under the age of 18 who Mr. CASEY. Mr. President, I ask ment; and live with them at least half-time; unanimous consent that the Senate Whereas October 17 through October 23, Whereas job flexibility often allows par- proceed to the immediate consider- 2010, has been designated as ‘‘National Save ents to be more involved in their children’s ation of S. Res. 649, submitted earlier for Retirement Week’’: Now, therefore, be it lives and research demonstrates that paren- Resolved, That the Senate— tal involvement is associated with children’s today. (1) supports the goals and ideals of ‘‘Na- higher achievement in language and mathe- The PRESIDING OFFICER. The tional Save for Retirement Week’’, including matics, improved behavior, greater academic clerk will report the resolution by raising public awareness of the various tax- persistence, and lower dropout rates; title. preferred retirement vehicles as important Whereas the 2000 Urban Working Families The legislative clerk read as follows: tools for personal savings and retirement fi- study demonstrated that a lack of job flexi- A resolution (S. Res. 649) supporting the nancial security; bility for working parents negatively affects goals and ideals of ‘‘National Save for Re- (2) supports the need to raise public aware- children’s health in ways that range from tirement Week,’’ including raising public ness of the availability of a variety of ways children being unable to make needed doc- awareness of the various tax-preferred retire- to save for retirement which are favored tors’ appointments to children receiving in- ment vehicles and increasing personal finan- under the Internal Revenue Code of 1986 and adequate early care, leading to more severe cial literacy. are utilized by many Americans, but which and prolonged illness; should be utilized by more; Whereas, from 2001 to the beginning of 2008, There being no objection, the Senate (3) supports the need to raise public aware- 1,700,000 active duty troops served in Iraq and proceeded to consider the resolution. ness of the importance of saving adequately 600,000 members of the National Guard and Mr. CASEY. I ask unanimous consent for retirement and the continued existence Reserve (133,000 on more than one tour) were that the resolution be agreed to, the of tax preferred employer-sponsored retire- called up to serve in Iraq; preamble be agreed to, the motions to ment savings vehicles; and

VerDate Mar 15 2010 22:04 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00109 Fmt 4637 Sfmt 8472 E:\RECORD10\RECFILES\S27SE0.REC S27SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S7564 CONGRESSIONAL RECORD — SENATE September 27, 2010 (4) calls on the States, localities, schools, The legislative clerk read as follows: (1) recognizes the 20th anniversary of the universities, nonprofit organizations, busi- designation of the month of September of nesses, other entities, and the people of the A resolution (S. Res. 651) recognizing the 1991 as ‘‘National Rice Month’’; and 20th anniversary of the designation of the United States to observe National Save for (2) encourages the people of the United Retirement Week with appropriate programs month of September of 1991 as ‘‘National Rice Month.’’ States to observe National Rice Month with and activities, with the goal of increasing re- appropriate ceremonies and activities. tirement savings for all the people of the There being no objection, the Senate f United States. proceeded to consider the resolution. f Mr. CASEY. I ask unanimous consent ORDERS FOR TUESDAY, NATIONAL CHILDHOOD LEAD that the resolution be agreed to, the SEPTEMBER 28, 2010 POISONING PREVENTION WEEK preamble be agreed to, the motions to Mr. CASEY. Mr. President, I ask Mr. CASEY. I ask unanimous consent reconsider be laid upon the table, with unanimous consent that when the Sen- that the Senate proceed to the imme- no intervening action or debate, and ate completes its business today, it ad- diate consideration of S. Res. 650, sub- any statements related to the resolu- journ until 10 a.m., Tuesday, Sep- mitted earlier today. tion be printed in the RECORD. tember 28; that on Tuesday, following The PRESIDING OFFICER. The The PRESIDING OFFICER. Without the prayer and pledge, the Journal of clerk will report the resolution by objection, it is so ordered. proceedings be approved to date, the title. The resolution (S. Res. 651) was morning hour be deemed expired, the The legislative clerk read as follows: agreed to. time for the two leaders be reserved for The preamble was agreed to. their use later in the day, and after A resolution (S. Res. 650) designating the any leader remarks, there be a period week of October 24 through October 30, 2010, The resolution, with its preamble, as ‘‘National Childhood Lead Poisoning Pre- reads as follows: of morning business until 11:10 a.m., vention Week.’’ with Senators permitted to speak S. RES. 651 therein for up to 10 minutes, during There being no objection, the Senate Whereas rice is a primary staple for more which period Senators may make trib- proceeded to consider the resolution. than half of the population of the world and utes to the late Senator Ted Stevens; Mr. CASEY. I ask unanimous consent has been one of the most important foods throughout history; that at 11:10 a.m. there be 20 minutes of that the resolution be agreed to, the debate prior to a vote on the motion to preamble be agreed to, the motions to Whereas rice production in the United States dates back to 1685 and is one of the invoke cloture on the motion to pro- reconsider be laid upon the table, with ceed to S. 3816, with the time equally no intervening action or debate, and oldest agribusinesses in the United States; Whereas rice grown in the United States divided and controlled between the any statements related to the resolu- significantly contributes to the diet and leaders or their designees; that at 11:30 tion be printed in the RECORD. economy of the United States; a.m. the Senate then proceed to vote The PRESIDING OFFICER. Without Whereas rice is produced in the States of on the motion to invoke cloture, as objection, it is so ordered. Arkansas, California, Louisiana, Mississippi, provided for under a previous order. The resolution (S. Res. 650) was Missouri, and Texas; The PRESIDING OFFICER. Without agreed to. Whereas rice production, processing, objection, it is so ordered. The preamble was agreed to. merchandizing, and related industries in the United States are vital to the economies of f The resolution, with its preamble, the rural areas of the Sacramento Valley in reads as follows: the State of California, the Gulf Coast region PROGRAM S. RES. 650 of the States of Louisiana and Texas, and the Mr. CASEY. Mr. President, for the Whereas lead poisoning is one of the lead- Mississippi Delta region where more than information of Senators, tomorrow ing environmental health hazards facing 3,000,000 acres of rice, on average, are pro- former Senator Stevens will be laid to children in the United States; duced annually; rest at Arlington National Cemetery. Whereas approximately 200,000 children in Whereas, in 2009, rice farmers in the United States produced nearly 22,000,000,000 pounds Buses will depart the Senate steps at the United States under the age of 6 have 12:15 p.m. for Arlington. harmful levels of lead in their blood; of rice that had a farm gate value of more Whereas lead poisoning may cause serious, than $3,000,000,000; I am correct, Mr. President, in stat- long-term harm to children, including re- Whereas, in 2009, rice production and sub- ing that if cloture is not invoked on duced intelligence and attention span, be- sequent sales generated $17,500,000,000 in the motion to proceed to S. 3816, then havioral problems, learning disabilities, and total value added to the economy of the there will be an immediate cloture impaired growth; United States from rice production, milling, vote on the motion to proceed to H.R. Whereas children from low-income families and selected end users and had the employ- ment effect of contributing 127,000 jobs to 3081? are significantly more likely to be poisoned The PRESIDING OFFICER. The act- by lead than are children from high-income the labor force; families; Whereas eighty-five percent of the rice ing leader is correct. Whereas children may be poisoned by lead consumed in the United States is grown by Mr. CASEY. Therefore, Senators in water, soil, housing, or consumable prod- American rice farmers, which supports rural should note that two rollcall votes ucts; communities and the economy of the United could occur beginning at 11:30 a.m. to- Whereas children most often are poisoned States; morrow. in their homes through exposure to lead par- Whereas the United States is one of the ticles when lead-based paint deteriorates or largest exporters of rice and produces more f is disturbed during home renovation and re- than two percent of the world’s rice supply, feeding millions around the world; ADJOURNMENT UNTIL 10 A.M. painting; and TOMORROW Whereas lead poisoning crosses all barriers Whereas rice is a food enjoyed throughout of race, income, and geography: Now, there- life in many forms, as the foundation of Mr. CASEY. Mr. President, if there is fore, be it main dishes and side dishes, and as cereals, no further business to come before the Resolved, That the Senate— flour, bran, cooking oil, rice cakes, and other Senate today, I now ask unanimous (1) designates the week of October 24 healthful snacks; consent that it stand adjourned under through October 30, 2010, as ‘‘National Child- Whereas rice is an important source of nu- the previous order. hood Lead Poisoning Prevention Week’’; and tritional value, as rice provides an excellent source of complex carbohydrates, and is cho- There being no objection, the Senate, (2) calls upon the people of the United at 10:01 p.m., adjourned until Tuesday, States to observe National Childhood Lead lesterol-free, sodium-free, and trans fat-free; Poisoning Prevention Week with appropriate Whereas published research shows that September 28, 2010, at 10 a.m. programs and activities. people who eat rice have healthier diets; f f Whereas rice farmers in the United States play a key role in the provision and enhance- NOMINATIONS NATIONAL RICE MONTH ment of habitat for wetlands-dependant wild- Executive nomination received by Mr. CASEY. I ask unanimous consent life species, such as ducks, geese, swans, and the Senate: that the Senate proceed to the imme- cranes; and diate consideration of S. Res. 651, sub- Whereas the harvest of rice in the United UNITED STATES AGENCY FOR INTERNATIONAL States is celebrated each September and DEVELOPMENT mitted earlier today. September 2010 marks the 20th anniversary The PRESIDING OFFICER. The of that annual celebration’s designation: PAIGE EVE ALEXANDER, OF GEORGIA, TO BE AN AS- SISTANT ADMINISTRATOR OF THE UNITED STATES clerk will report the resolution by Now, therefore, be it AGENCY FOR INTERNATIONAL DEVELOPMENT, VICE title. Resolved, That the Senate— DOUGLAS MENARCHIK, RESIGNED.

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SENATE COMMITTEE MEETINGS officers and the Performance Improve- America and the Government of the ment Council, S. 3794, to amend chap- Republic of Rwanda Concerning the Title IV of Senate Resolution 4, ter 5 of title 40, United States Code, to Encouragement and Reciprocal Protec- agreed to by the Senate on February 4, include organizations whose member- tion of Investment, signed at Kigali on 1977, calls for establishment of a sys- ship comprises substantially veterans February 19, 2008 (Treaty Doc.110–23), tem for a computerized schedule of all as recipient organizations for the dona- and the nominations of Cameron meetings and hearings of Senate com- tion of Federal surplus personal prop- Munter, of California, to be Ambas- mittees, subcommittees, joint commit- erty through State agencies, H.R. 4543, sador Extraordinary to the Islamic Re- tees, and committees of conference. to designate the facility of the United public of Pakistan, Mark M. Boulware, States Postal Service located at 4285 of Texas, to be Ambassador to the Re- This title requires all such committees Payne Avenue in San Jose, California, to notify the Office of the Senate Daily public of Chad, Kristie Anne Kenney, of as the ‘‘Anthony J. Cortese Post Office Virginia, to be Ambassador to the Digest—designated by the Rules com- Building’’, H.R. 5341, to designate the Kingdom of Thailand, Christopher J. mittee—of the time, place, and purpose facility of the United States Postal McMullen, of Virginia, to be Ambas- of the meetings, when scheduled, and Service located at 100 Orndorf Drive in sador to the Republic of Angola, Rob- any cancellations or changes in the Brighton, Michigan, as the ‘‘Joyce ert P. Mikulak, of Virginia, for the meetings as they occur. Rogers Post Office Building’’, H.R. 5390, rank of Ambassador during his tenure to designate the facility of the United of service as United States Representa- As an additional procedure along States Postal Service located at 13301 tive to the Organization for the Prohi- with the computerization of this infor- Smith Road in Cleveland, Ohio, as the bition of Chemical Weapons, Wanda L. mation, the Office of the Senate Daily ‘‘David John Donafee Post Office Build- Nesbitt, of Pennsylvania, to be Ambas- Digest will prepare this information for ing’’, H.R. 5450, to designate the facil- sador to the Republic of Namibia, Jo printing in the Extensions of Remarks ity of the United States Postal Service located at 3894 Crenshaw Boulevard in Ellen Powell, of Maryland, to be Am- section of the CONGRESSIONAL RECORD bassador to the Islamic Republic of on Monday and Wednesday of each Los Angeles, California, as the ‘‘Tom Bradley Post Office Building’’, and the Mauritania, Karen Brevard Stewart, of week. nomination of Maria Elizabeth Florida, to be Ambassador to the Lao Meetings scheduled for Tuesday, Sep- Raffinan, to be an Associate Judge of People’s Democratic Republic, and tember 28, 2010 may be found in the the Superior Court of the District of Pamela Ann White, of Maine, to be Daily Digest of today’s RECORD. Columbia. Ambassador to the Republic of The SD–342 Gambia, all of the Department of State, and Nancy E. Lindborg, of the MEETINGS SCHEDULED Rules and Administration To resume hearings to examine the fili- District of Columbia, to be an Assist- SEPTEMBER 29 buster, focusing on ideas to reduce ant Administrator, and Donald Ken- 10 a.m. delay and encourage debate in the Sen- neth Steinberg, of California, to be Judiciary ate. Deputy Administrator, both of the Crime and Drugs Subcommittee SR–301 United States Agency for International To hold hearings to examine crimes 2 p.m. Development. against America’s homeless, focusing Judiciary S–116, Capitol on if the violence is growing. To hold hearings to examine the nomina- 2:30 p.m. SD–226 tions of James E. Graves, Jr., of Mis- Homeland Security and Governmental Af- Energy and Natural Resources sissippi, to be United States Circuit fairs Energy Subcommittee Judge for the Fifth Circuit, Paul Federal Financial Management, Govern- To hold an oversight hearing to examine Kinloch Holmes, III, to be United ment Information, Federal Services, the Propane Education and Research States District Judge for the Western and International Security Sub- Council (PERC) and National Oilheat District of Arkansas, Anthony J. committee Research Alliance (NORA). Battaglia, to be United States District To hold hearings to examine improving SD–366 Judge for the Southern District of Cali- financial accountability at the Depart- Foreign Relations fornia, Edward J. Davila, to be United ment of Defense. To hold hearings to examine the al- States District Judge for the Northern SD–342 Megrahi release, focusing on one year District of California, and Diana Appropriations later. Saldana, to be United States District Labor, Health and Human Services, Edu- SD–419 Judge for the Southern District of cation, and Related Agencies Sub- Health, Education, Labor, and Pensions Texas. committee Business meeting to consider S. 3817, to SD–226 To hold hearings to examine defending amend the Child Abuse Prevention and Commission on Security and Cooperation against public health threats. Treatment Act, the Family Violence in Europe SD–124 Prevention and Services Act, the Child To hold hearings to examine charges Energy and Natural Resources Abuse Prevention and Treatment and against Mikhail Khodorkovsky’s Yukos Public Lands and Forests Subcommittee Adoption Reform Act of 1978, and the Oil Company. National Parks Subcommittee Abandoned Infants Assistance Act of 1539, Longworth Building To hold joint hearings to examine S. 1988 to reauthorize the Acts, and S. 2:15 p.m. 3261, to establish the Buffalo Bayou Na- 3199, to amend the Public Health Serv- Foreign Relations tional Heritage Area in the State of ice Act regarding early detection, diag- Business meeting to consider S. 2982, to Texas, S. 3283, to designate Mt. Andrea nosis, and treatment of hearing loss, combat international violence against Lawrence, S. 3291, to establish and any pending nominations. women and girls, S. 3688, to establish Coltsville National Historical Park in SD–430 an international professional exchange the State of Connecticut, S. 3524 and Homeland Security and Governmental Af- program, an original bill entitled H.R. 4438, to authorize the Secretary of fairs ‘‘Naval Vessels Transfer Act of 2010’’, the Interior to expand the boundary of Business meeting to consider S. 3806, to S. 1633, to require the Secretary of the Park, to conduct a study of poten- protect Federal employees and visitors, Homeland Security, in consultation tial land acquisitions, S. 3565, to pro- improve the security of Federal facili- with the Secretary of State, to estab- vide for the conveyance of certain Bu- ties and authorize and modernize the lish a program to issue Asia-Pacific reau of Land Management land in Mo- Federal Protective Service, H.R. 2142, Economic Cooperation Business Travel have County, Arizona, to the Arizona to require quarterly performance as- Cards, S. J.Res. 37, calling upon the Game and Fish Commission, for use as sessments of Government programs for President to issue a proclamation rec- a public shooting range, S. 3612, to purposes of assessing agency perform- ognizing the 35th anniversary of the amend the Marsh-Billings-Rockefeller ance and improvement, and to estab- Helsinki Final Act, Treaty between the National Historical Park Establish- lish agency performance improvement Government of the United States of ment Act to expand the boundary of

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

VerDate Mar 15 2010 03:58 Sep 28, 2010 Jkt 089060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\M27SE8.000 E27SEPT1 jbell on DSKDVH8Z91PROD with REMARKS E1750 CONGRESSIONAL RECORD — Extensions of Remarks September 27, 2010 the Marsh-Billings-Rockefeller Na- the Dodd-Frank Wall Street Reform 10:30 a.m. tional Historical Park in the State of and Consumer Protection Act. Homeland Security and Governmental Af- Vermont, S. 3616, to withdraw certain SD–538 fairs land in the State of New Mexico, S. 10 a.m. State, Local, and Private Sector Prepared- 3744, to establish Pinnacles National Energy and Natural Resources ness and Integration Subcommittee Park in the State of California as a Energy Subcommittee To hold hearings to examine earthquake unit of the National Park System, S. To hold hearings to examine the role of preparedness, focusing on what the 3778 and H.R. 4773, to authorize the Sec- strategic minerals in clean energy United States can learn from the 2010 retary of the Interior to lease certain technologies and other applications, in- Chilean and Haitian earthquakes. SD–342 lands within Fort Pulaski National cluding S. 3521, to provide for the rees- 2:30 p.m. Monument, S. 3820, to authorize the tablishment of a domestic rare earths Foreign Relations Secretary of the Interior to issue per- materials production and supply indus- try in the United States. To hold hearings to examine Latin Amer- mits for a microhydro project in non- SD–366 ica in 2010, focusing on opportunities, wilderness areas within the boundaries Health, Education, Labor, and Pensions challenges, and the future of the of Denali National Park and Preserve, To hold hearings to examine the Federal United States policy in the hemi- to acquire land for Denali National investment in for-profit education, fo- sphere. Park and Preserve from Doyon Tour- cusing on if students are succeeding. SD–419 ism, Inc, S. 3822, to adjust the bound- SD–124 Homeland Security and Governmental Af- ary of the Carson National Forest, New Judiciary fairs Mexico, and H.R. 1858, to provide for a Business meeting to consider S. 3675, to Oversight of Government Management, the boundary adjustment and land convey- amend chapter 11 of title 11, United Federal Workforce, and the District of ances involving Roosevelt National States Code, to address reorganization Columbia Subcommittee Forest, Colorado, to correct the effects of small businesses, S. 2888, to amend To hold hearings to examine implemen- of an erroneous land survey that re- section 205 of title 18, United States tation, improvement, sustainability, sulted in approximately 7 acres of the Code, to exempt qualifying law school focusing on management matters at Crystal Lakes Subdivision, Ninth Fil- students participating in legal clinics the Department of Homeland Security. ing, encroaching on National Forest from the application of the general SD–342 System land. conflict of interest rules under such Intelligence SD–366 section, S. 3804, to combat online in- To hold closed hearings to examine cer- tain intelligence matters. Banking, Housing, and Urban Affairs fringement, and the nominations of SH–219 Security and International Trade and Fi- Robert Neil Chatigny and Susan L. nance Subcommittee Carney, both of Connecticut, both to be OCTOBER 6 To hold hearings to examine a compari- United States Circuit Judge for the son of international housing finance Second Circuit, Amy Totenberg, to be 9:30 a.m. systems. United States District Judge for the Veterans’ Affairs To hold an oversight hearing to examine SD–538 Northern District of Georgia, James Emanuel Boasberg and Amy Berman Veterans’ Affairs Information Tech- nology (IT) program, focusing on look- SEPTEMBER 30 Jackson, both to be United States Dis- trict Judge for the District of Colum- ing ahead. 9:30 a.m. bia, James E. Shadid and Sue E. SR–418 Banking, Housing, and Urban Affairs Myerscough, both to be United States Business meeting to consider S. 118, to District Judge for the Central District NOVEMBER 17 amend section 202 of the Housing Act of Illinois, and Michael C. Ormsby, to 10 a.m. of 1959, to improve the program under be United States Attorney for the East- Environment and Public Works such section for supportive housing for ern District of Washington, Mark F. To hold hearings to examine Water Re- the elderly, and S. 1481, to amend sec- Green, to be United States Attorney sources Development Act of 2010, focus- tion 811 of the Cranston-Gonzalez Na- for the Eastern District of Oklahoma, ing on legislative and policy proposals tional Affordable Housing Act to im- and Paul Charles Thielen, to be United to benefit the economy, create jobs, prove the program under such section States Marshal for the District of protect public safety and maintain for supportive housing for persons with South Dakota, all of the Department of America’s water resources infrastruc- disabilities; to be immediately followed Justice. ture. by a hearing to examine implementing SD–226 SD–406

VerDate Mar 15 2010 03:58 Sep 28, 2010 Jkt 089060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\M27SE8.000 E27SEPT1 jbell on DSKDVH8Z91PROD with REMARKS Monday, September 27, 2010 Daily Digest Senate State of New Mexico, with an amendment in the na- Chamber Action ture of a substitute. (S. Rept. No. 111–310) Routine Proceedings, pages S7455–S7564 S. 1750, to authorize the Secretary of the Interior Measures Introduced: Seven bills and five resolu- to conduct a special resource study of the General of tions were introduced, as follows: S. 3841–3847, and the Army George Catlett Marshall National Historic S. Res. 647–651. Pages S7507–08 Site at Dodona Manor in Leesburg, Virginia. (S. Rept. No. 111–311) Measures Reported: S. 2052, to amend the Energy Policy Act of 2005 S. 349, to establish the Susquehanna Gateway Na- to require the Secretary of Energy to carry out a re- tional Heritage Area in the State of Pennsylvania, search and development and demonstration program with an amendment in the nature of a substitute. (S. to reduce manufacturing and construction costs relat- Rept. No. 111–303) ing to nuclear reactors. (S. Rept. No. 111–312) S. 607, to amend the National Forest Ski Area S. 2798, to reduce the risk of catastrophic wildfire Permit Act of 1986 to clarify the authority of the through the facilitation of insect and disease infesta- Secretary of Agriculture regarding additional rec- tion treatment of National Forest System and adja- reational uses of National Forest System land that cent land, with an amendment in the nature of a are subject to ski area permits, with an amendment substitute. (S. Rept. No. 111–313) in the nature of a substitute. (S. Rept. No. 111–304) S. 2812, to amend the Energy Policy Act of 2005 S. 745, to amend the Reclamation Wastewater to require the Secretary of Energy to carry out pro- and Groundwater Study and Facilities Act to author- grams to develop and demonstrate 2 small modular ize the Secretary of the Interior to participate in the nuclear reactor designs, with amendments. (S. Rept. Magna Water District water reuse and groundwater No. 111–314) recharge project, with an amendment. (S. Rept. No. S. 2900, to establish a research, development, and 111–305) technology demonstration program to improve the S. 1117, to authorize the Secretary of the Interior efficiency of gas turbines used in combined cycle and to provide assistance in implementing cultural herit- simple cycle power generation systems. (S. Rept. No. age, conservation, and recreational activities in the 111–315) Connecticut River watershed of the States of New S. 3075, to withdraw certain Federal land and in- Hampshire and Vermont, with an amendment in the terests in that land from location, entry, and patent under the mining laws and disposition under the nature of a substitute. (S. Rept. No. 111–306) mineral and geothermal leasing laws, with an S. 1320, to provide assistance to owners of manu- amendment in the nature of a substitute. (S. Rept. factured homes constructed before January 1, 1976, No. 111–316) to purchase Energy Star-qualified manufactured S. 603, to amend rule 11 of the Federal Rules of homes, with an amendment in the nature of a sub- Civil Procedure, relating to representation in court stitute. (S. Rept. No. 111–307) and sanctions for violating such rule, with an S. 1596, to authorize the Secretary of the Interior amendment in the nature of a substitute. (S. Rept. to acquire the Gold Hill Ranch in Coloma, Cali- No. 111–317) fornia, with an amendment in the nature of a sub- S. 3313, to withdraw certain land located in Clark stitute. (S. Rept. No. 111–308) County, Nevada from location, entry, and patent S. 1651, to modify a land grant patent issued by under the mining laws and disposition under all the Secretary of the Interior, with amendments. (S. laws pertaining to mineral and geothermal leasing or Rept. No. 111–309) mineral materials, with an amendment. (S. Rept. S. 1689, to designate certain land as components No. 111–318) of the National Wilderness Preservation System and S. 3396, to amend the Energy Policy and Con- the National Landscape Conservation System in the servation Act to establish within the Department of D1012

VerDate Mar 15 2010 06:10 Sep 28, 2010 Jkt 089060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D27SE0.REC D27SEPT1 jbell on DSKDVH8Z91PROD with DIGEST September 27, 2010 CONGRESSIONAL RECORD — DAILY DIGEST D1013 Energy a Supply Star program to identify and pro- H.R. 4395, to revise the boundaries of the Gettys- mote practices, companies, and products that use burg National Military Park to include the Gettys- highly efficient supply chains in a manner that con- burg Train Station. (S. Rept. No. 111–330) serves energy, water, and other resources, with H.R. 5026, To amend the Federal Power Act to amendments. (S. Rept. No. 111–319) protect the bulk-power system and electric infra- S. 3404, to amend the Reclamation Projects Au- structure critical to the defense of the United States thorization and Adjustment Act of 1992 to require against cybersecurity and other threats and the Secretary of the Interior, acting through the Bu- vulnerabilities, with an amendment in the nature of reau of Reclamation, to take actions to improve envi- a substitute. (S. Rept. No. 111–331) ronmental conditions in the vicinity of the Leadville S. 3460, to require the Secretary of Energy to pro- Mine Drainage Tunnel in Lake County, Colorado, vide funds to States for rebates, loans, and other in- with an amendment in the nature of a substitute. (S. centives to eligible individuals or entities for the Rept. No. 111–320) purchase and installation of solar energy systems for S. 3452, to designate the Valles Caldera National properties located in the United States, with an Preserve as a unit of the National Park System, with amendment in the nature of a substitute. (S. Rept. an amendment in the nature of a substitute. (S. No. 111–332) Rept. No. 111–321) S. 3243, to require U.S. Customs and Border Pro- H.R. 685, To require the Secretary of the Interior tection to administer polygraph examinations to all applicants for law enforcement positions with U.S. to conduct a special resource study regarding the Customs and Border Protection, to require U.S. Cus- proposed United States Civil Rights Trail. (S. Rept. toms and Border Protection to complete all periodic No. 111–322) background reinvestigations of certain law enforce- H.R. 1612, To amend the Public Lands Corps Act ment personnel, with an amendment. Pages S7506–07 of 1993 to expand the authorization of the Secre- taries of Agriculture, Commerce, and the Interior to Measures Passed: provide service opportunities for young Americans; Reducing Over-Classification Act: Senate passed help restore the Nation’s natural, cultural, historic, H.R. 553, to require the Secretary of Homeland Se- archaeological, recreational and scenic resources; train curity to develop a strategy to prevent the over-clas- a new generation of public land managers and en- sification of homeland security and other information thusiasts; and promote the value of public service, and to promote the sharing of unclassified homeland with an amendment in the nature of a substitute. (S. security and other information, after agreeing to the Rept. No. 111–323) committee amendment in the nature of a substitute, H.R. 2430, to direct the Secretary of the Interior and the following amendment proposed thereto: to continue stocking fish in certain lakes in the Pages S7554–56 North Cascades National Park, Ross Lake National Durbin (for Lieberman) Amendment No. 4661, in Recreation Area, and Lake Chelan National Recre- the nature of a substitute. Page S7556 ation Area, with an amendment in the nature of a Plain Writing Act: Senate passed H.R. 946, to substitute. (S. Rept. No. 111–324) enhance citizen access to Government information H.R. 2442, to amend the Reclamation Waste- and services by establishing that Government docu- water and Groundwater Study and Facilities Act to ments issued to the public must be written clearly, expand the Bay Area Regional Water Recycling Pro- after agreeing to the following amendment proposed gram, with an amendment. (S. Rept. No. 111–325) thereto: Page S7556 H.R. 2522, to raise the ceiling on the Federal Casey (for Akaka/Voinovich) Amendment No. share of the cost of the Calleguas Municipal Water 4663, to modify the definition of plain writing. District Recycling Project. (S. Rept. No. 111–326) Page S7556 H.R. 3388, to modify the boundary of Petersburg Indian Veterans Housing Opportunity Act: Sen- National Battlefield in the Commonwealth of Vir- ate passed H.R. 3553, to exclude from consideration ginia. (S. Rept. No. 111–327) as income under the Native American Housing As- H.R. 4252, to direct the Secretary of the Interior sistance and Self-Determination Act of 1996 to conduct a study of water resources in the Rialto- amounts received by a family from the Department Colton Basin in the State of California. (S. Rept. No. of Veterans Affairs for service-related disabilities of 111–328) a member of the family. Page S7556 H.R. 4349, to further allocate and expand the Kingman and Heritage Islands Act: Senate availability of hydroelectric power generated at Hoo- passed H.R. 2092, to amend the National Children’s ver Dam. (S. Rept. No. 111–329) Island Act of 1995 to expand allowable uses for

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Petitions and Memorials: Pages S7505–06 Record Votes: One record vote was taken today. Additional Cosponsors: Pages S7508–09 (Total—241) Page S7483 Statements on Introduced Bills/Resolutions: Adjournment: Senate convened at 2:00 p.m. and Pages S7509–17 adjourned at 10:01 p.m., until 10:00 a.m. on Tues- day, September 28, 2010. (For Senate’s program, see Additional Statements: Pages S7503–05 the remarks of the Acting Majority Leader in today’s Amendments Submitted: Pages S7517–54 Record on page S7564.) Notices of Hearings/Meetings: Page S7554 Privileges of the Floor: Page S7554 Committee Meetings Quorum Calls: (Committees not listed did not meet) One quorum call was taken today. (Total—5) Page S7483 No committee meetings were held. h House of Representatives Subcommittee on Surface Transportation and Merchant Chamber Action Marine, to hold hearings to examine pipeline safety, fo- The House was not in session today. The House cusing on assessing the San Bruno, California explosion is scheduled to meet at 10:30 a.m. on Tuesday, Sep- and other recent accidents, 3 p.m., SR–253. tember 28, 2010. Committee on Environment and Public Works: To hold hearings to examine innovative project finance, 10 a.m., SD–406. Committee Meetings Committee on Finance: To hold hearings to examine if No committee meetings were held. private long-term disability policies provide protection as promised, 10 a.m., SD–215. Committee on Indian Affairs: To hold an oversight hear- Joint Meetings ing to examine reform in the Indian Health Service’s Ab- No joint committee meetings were held. erdeen area, 10 a.m., SD–628. Committee on the Judiciary: To hold hearings to examine f restoring key tools to combat fraud and corruption after COMMITTEE MEETINGS FOR TUESDAY, the Supreme Court’s Skilling decision, 10 a.m., SD–226. SEPTEMBER 28, 2010 Select Committee on Intelligence: To hold closed hearings to examine certain intelligence matters, 2:30 p.m., (Committee meetings are open unless otherwise indicated) SH–219. House Senate Committee on Financial Services, Subcommittee on Over- Committee on Armed Services: To hold hearings to exam- sight and Investigations, hearing entitled ‘‘A Review of ine the Department of Defense efficiencies initiatives, 10 Current and Evolving Trends in Terrorism Financing,’’ 4 a.m., SD–G50. p.m., 2128 Rayburn. Committee on the Budget: To hold hearings to examine Committee on the Judiciary, Subcommittee on Crime, the outlook for the economy and fiscal policy, 10 a.m., Terrorism and Homeland Security, hearing on Reining in SD–608. Overcriminalization: Assessing the Problems, Proposing Committee on Commerce, Science, and Transportation: Sub- Solutions, 3 p.m., 2141 Rayburn. committee on Consumer Protection, Product Safety, and Insurance, to hold an oversight hearing to examine the Joint Meetings National Highway Traffic Safety Administration Joint Economic Committee: To hold hearings to examine (NHTSA), focusing on an examination of the Highway new evidence on the gender pay gap for women and Safety Provisions of SAFETEA–LU, 10:30 a.m., SR–253. mothers in management, 10 a.m., SD–106.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Tuesday, September 28 10:30 a.m., Tuesday, September 28

Senate Chamber House Chamber Program for Tuesday: After the transaction of any Program for Tuesday: To be announced. morning business (not to extend beyond 11:10 a.m., dur- ing which Senators may make tributes to the late Senator Ted Stevens), Senate will continue consideration of the motion to proceed to consideration of S. 3816, Creating American Jobs and Ending Offshoring Act, and vote on the motion to invoke cloture thereon at 11:30 a.m. If clo- ture is not invoked, a second roll call vote will occur im- mediately on the motion to invoke cloture on the motion to proceed to consideration of H.R. 3081, Department of State, Foreign Operations, and Related Programs Appro- priations Act. (Late Senator Ted Stevens will be laid to rest at Arlington National Cemetery. Buses will depart the Senate steps at 12:15 p.m.)

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