8880 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 6 June 9, 2011 HOUSE OF REPRESENTATIVES—Thursday, June 9, 2011

The House met at 10:30 a.m. and was I pledge allegiance to the Flag of the State, transmitting a report relating to post- called to order by the Speaker pro tem- United States of America, and to the Repub- liberation Iraq under Section 7 of the Iraq pore (Mr. ROONEY). lic for which it stands, one nation under God, Liberation act of 1998; to the Committee on indivisible, with liberty and justice for all. Foreign Affairs. f f 1878. A letter from the Assistant Attorney DESIGNATION OF THE SPEAKER General, Department of Justice, transmit- ADJOURNMENT ting Administration of the Foreign Agents PRO TEMPORE The SPEAKER pro tempore. Without Registration Act of 1938, as amended, pursu- The SPEAKER pro tempore laid be- objection, the House stands adjourned ant to 22 U.S.C. 621; to the Committee on the fore the House the following commu- until 2 p.m. on Monday next. Judiciary. nication from the Speaker: 1879. A letter from the Staff Director, There was no objection. United States Sentencing Commission, WASHINGTON, DC, Accordingly (at 10 o’clock and 32 transmitting a report of the compliance of June 9, 2011. minutes a.m.), under its previous order, the federal district courts; to the Committee I hereby appoint the Honorable THOMAS J. the House adjourned until Monday, on the Judiciary. ROONEY to act as Speaker pro tempore on June 13, 2011, at 2 p.m. 1880. A letter from the Director, Govern- this day. f ment Affairs, Tennessee Valley Authority, JOHN A. BOEHNER, transmitting the Statistical Summary for Speaker of the House of Representatives. EXECUTIVE COMMUNICATIONS, Fiscal Year 2010; to the Committee on Trans- f ETC. portation and Infrastructure. Under clause 2 of rule XIV, executive 1881. A letter from the Adjutant General, PRAYER communications were taken from the Veterans of Foreign Wars of the U.S., trans- mitting Proceedings during preceding fiscal Reverend Dr. Alan Keiran, Office of Speaker’s table and referred as follows: the Senate Chaplain, Washington, DC, year, pursuant to 36 U.S.C. 118 and 44 U.S.C. 1872. A letter from the Director, Regu- 1332; (H. Doc. No. 112–33); to the Committee offered the following prayer: latory Management Division, Environmental on Veterans’ Affairs and ordered to be print- Lord God Almighty, as the Psalmist Protection Agency, transmitting the Agen- ed. says, ‘‘Your unfailing love, O Lord, is cy’s final rule — Spirotetramat; Pesticide f as vast as the heavens; Your faithful- Tolerances [EPA–HQ–OPP–2009–0263; FRL– ness reaches beyond the clouds. Your 8865–8] received May 12, 2011, pursuant to 5 REPORTS OF COMMITTEES ON righteousness is like the mighty moun- U.S.C. 801(a)(1)(A); to the Committee on Ag- PUBLIC BILLS AND RESOLUTIONS riculture. tains; Your justice like the ocean 1873. A letter from the Director, Regu- Under clause 2 of rule XIII, reports of depths.’’ latory Management Division, Environmental committees were delivered to the Clerk Lord God, I pray You will reward the Protection Agency, transmitting the Agen- for printing and reference to the proper faithfulness of all who honor Your cy’s final rule — Approval and Promulgation calendar, as follows: of Air Quality Implementation Plans; New name and seek to bring You glory. Mr. BACHUS: Committee on Financial Mexico; Sunland Park Section 110(a)(1) Make known Your plans to prosper Services. H.R. 1309. A bill to extend the au- Maintenance Plan for the 1997 8-Hour Ozone them; plans not to harm them but to thorization of the national flood insurance Standard [EPA–R06–OAR–2007–0502; FRL– program, to achieve reforms to improve the give them hope and a bright future. In- 9305–6] received May 12, 2011, pursuant to 5 financial integrity and stability of the pro- spire our elected leaders to seek Your U.S.C. 801(a)(1)(A); to the Committee on En- gram, and to increase the role of private presence and pray daily for Your wis- ergy and Commerce. markets in the management of flood insur- dom. Let them clearly discern Your 1874. A letter from the Director, Regu- ance risk, and for other purposes; with an latory Management Division, Environmental still small voice amidst the constant amendment (Rept. 112–102). Referred to the Protection Agency, transmitting the Agen- clamor of their busy lives. Committee of the Whole House on the State cy’s final rule — Implementation of the New In the long legislative days ahead, of the Union. may they feel Your favor as they faith- Source Review (NSR) Program for Particu- late Matter Less Than 2.5 Micrometers f fully discharge the duties assigned to (PM2.5); Final Rule to Repeal Grandfather ADDITIONAL SPONSORS them. Give them the strength to per- Provision [EPA–HQ–OAR–2003–0062; FRL– severe in the storms of life and the hu- 9306–9] (RIN: 2060–AP75) received May 12, Under clause 7 of rule XII, sponsors mility to honor You when victories 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the were added to public bills and resolu- burst forth like a radiant dawn. I pray Committee on Energy and Commerce. tions as follows: 1875. A letter from the Director, Regu- in Your mighty Name. Amen. H.R. 1309: Mr. HULTGREN, Mr. DOGGETT, Mr. latory Management Division, Environmental HOLDEN, and Mrs. MCCARTHY of New York. f Protection Agency, transmitting the Agen- H.R. 1386: Mr. QUIGLEY, Ms. PINGREE of cy’s final rule — Interim Final Determina- THE JOURNAL Maine, and Mr. CAPUANO. tion to Defer Sanctions, Sacramento Metro H.R. 1700: Mr. BONNER. The SPEAKER pro tempore. The 1-hour Ozone Nonattainment Area, Cali- H.R. 2067: Ms. ROS-LEHTINEN. fornia [EPA–R09–OAR–2011–0372; FRL–9307–3] Chair has examined the Journal of the H.R. 2077: Mrs. BLACKBURN. received May 12, 2011, pursuant to 5 U.S.C. last day’s proceedings and announces H. Res. 286: Ms. BORDALLO, Mr. RANGEL, 801(a)(1)(A); to the Committee on Energy and to the House his approval thereof. and Mr. HULTGREN. Commerce. Pursuant to clause 1, rule I, the Jour- 1876. A letter from the Director, Regu- f nal stands approved. latory Management Division, Environmental AMENDMENTS f Protection Agency, transmitting the Agen- cy’s final rule — Method 301—Field Valida- Under clause 8 of rule XVIII, pro- PLEDGE OF ALLEGIANCE tion of Pollutant Measurement Methods posed amendments were submitted as The SPEAKER pro tempore. The from Various Waste Media [OAR–2004–0080; follows: Chair will lead the House in the Pledge FRL–9306–8] (RIN: 2060–AF00) received May H.R. 2055 12, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to of Allegiance. the Committee on Energy and Commerce. OFFERED BY: MR. AMASH The SPEAKER pro tempore led the 1877. A letter from the Acting Assistant AMENDMENT NO. 4: At the end of the bill Pledge of Allegiance as follows: Secretary Legislative Affairs, Department of (before the short title), insert the following:

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

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SEC. ll. None of the funds made available H.R. 2055 SEC. ll. None of the funds made available by this Act may be used to administer or en- in this Act may be used for a project or pro- OFFERED BY: MR. AMASH force the wage-rate requirements of sub- gram named for an individual serving as a chapter IV of chapter 31 of title 40, United AMENDMENT NO. 5: At the end of the bill Senator in the United States Senate or as States Code, popularly known as the ‘‘Davis- (before the short title), insert the following: the President of the United States. Bacon Act.’’

VerDate Mar 15 2010 12:21 Jul 11, 2014 Jkt 099102 PO 00000 Frm 00002 Fmt 0688 Sfmt 0634 E:\BR11\H09JN1.000 H09JN1 wreier-aviles on DSK5TPTVN1PROD with BOUND RECORD 8882 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 6 June 9, 2011 SENATE—Thursday, June 9, 2011

The Senate met at 9:30 a.m. and was in a period of morning business for 1 agreements on this legislation. I should called to order by the Honorable TOM hour, with the Republicans controlling not act as the person who determines UDALL, a Senator from the State of the first half and the majority control- what amendments are offered and New Mexico. ling the final half. aren’t offered. But when someone offers Following morning business, the Sen- an amendment, we should be able to PRAYER ate will resume consideration of the work it to a conclusion. The Chaplain, Dr. Barry C. Black, of- Economic Development Act. There are This bill, as I have indicated, is an fered the following prayer: currently five amendments pending to important piece of legislation. We need Let us pray. the bill. We are working to set up votes to move through it. We are going to do Almighty God, life of our life, You in relation to these amendments and that to the best of our ability. We will have given us this Nation for our herit- will advise Senators when they are have a number of votes today and do age. Today, we ask that You will keep scheduled. our best to move through this piece of us mindful of Your favor and glad to do f legislation so we can move to other Your will. Use the Members of this bills. There are a lot of things we can body to uphold the public interest, to ECONOMIC DEVELOPMENT do. We can work on bipartisan pieces of labor for justice, to love mercy, and to REVITALIZATION ACT legislation. That is my hope today. walk humbly with You. Give them the Mr. REID. Mr. President, the Eco- I suggest the absence of a quorum. wisdom to use their power for the heal- nomic Development Revitalization Act The ACTING PRESIDENT pro tem- ing of our land. Keep their goals high, is an important bill. Is it the most im- pore. The clerk will call the roll. vision clear, and minds keen. portant bill we have ever done? The an- The assistant legislative clerk pro- And, Lord, we ask Your choicest swer is, of course not. But it is an im- ceeded to call the roll. blessings upon our departing page portant piece of legislation. It is a very Mr. MCCONNELL. Mr. President, I class. important bill. ask unanimous consent that the order We pray in Your righteous name. What are the central points of this for the quorum call be rescinded. Amen. legislation? For almost 50 years, the The ACTING PRESIDENT pro tem- pore. Without objection, it is so or- f Economic Development Administra- dered. PLEDGE OF ALLEGIANCE tion has helped create jobs and growth in economically hard-hit communities f The Honorable TOM UDALL led the across the Nation. Reauthorization of RECOGNITION OF THE MINORITY Pledge of Allegiance, as follows: this important legislation will help en- LEADER I pledge allegiance to the Flag of the sure that the agency is able to help United States of America, and to the Repub- The ACTING PRESIDENT pro tem- continue creating jobs and investing in pore. The Senator from Kentucky is lic for which it stands, one nation under God, distressed communities. indivisible, with liberty and justice for all. recognized. Since 2005, EDA has invested about f $1.2 billion, and these grants have cre- f APPOINTMENT OF ACTING ated more than 300,000 jobs—precisely, EDA PRESIDENT PRO TEMPORE 314,000 jobs. For every dollar that is in- Mr. MCCONNELL. Mr. President, I The PRESIDING OFFICER. The vested in EDA, we get $7 worth of pri- was discussing with the majority lead- clerk will please read a communication vate investment. That is why the jobs er privately the comments he made to the Senate from the President pro are created. This legislation makes it publicly about getting votes. I have tempore (Mr. INOUYE). better. talked to my Members, and I under- The assistant legislative clerk read This is a bipartisan bill. Senators stand he indicated that most of our as follows: BOXER and INHOFE and their committee Members who have amendments are U.S. SENATE, have worked to get this to the Senate willing to take short time agreements. PRESIDENT PRO TEMPORE, floor. It increases flexibility for grant- We ought to be able to move forward Washington, DC, June 9, 2011. ees, lowers the threshold requirements and have votes, and the Senate can To the Senate: for grantees to receive an increased function the way it should. Under the provisions of rule I, paragraph 3, Federal share, and makes more invest- Mr. President, with each passing day, of the Standing Rules of the Senate, I hereby ments available for planning assist- the American people grow more con- appoint the Honorable TOM UDALL, a Senator ance. from the State of New Mexico, to perform cerned about our Nation’s future. The the duties of the Chair. We are trying to move through this Washington Post-ABC news poll this DANIEL K. INOUYE, legislation. Senator SNOWE offered an week said that by a ratio of 2 to 1, President pro tempore. amendment. She has not uttered a sin- Americans believe we are on the wrong Mr. UDALL of New Mexico thereupon gle word about that amendment, which track, and 9 out of 10 rate the economy assumed the chair as Acting President was offered yesterday. This is the same negatively. Yesterday’s CNN poll found pro tempore. piece of legislation that held up our that many Americans expect another Small Business Innovation Act. We f Great Depression. have had other Senators who have It is in this context that President RECOGNITION OF THE MAJORITY come and offered amendments. I don’t Obama has started talking about how LEADER particularly like the amendment of- concerned he is about jobs. This week, The ACTING PRESIDENT pro tem- fered by the junior Senator from South the President said he wakes up every pore. The majority leader is recog- Carolina, but he came and said, ‘‘I morning and asks himself what he can nized. want to offer this amendment, and I do to spur job creation. Every morning f will agree to a time limit on it.’’ Sen- this week, I have come to the floor ator PAUL, the junior Senator from with some suggestions for him. SCHEDULE Kentucky, had an amendment he want- The fact is that many Americans Mr. REID. Mr. President, following ed to offer. He said he would agree to a have a hard time believing the Presi- any leader remarks, the Senate will be short time limit. I didn’t ask for time dent is focused on jobs when so many

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

VerDate Mar 15 2010 12:22 Jul 11, 2014 Jkt 099102 PO 00000 Frm 00001 Fmt 0686 Sfmt 0634 E:\BR11\S09JN1.000 S09JN1 wreier-aviles on DSK5TPTVN1PROD with BOUND RECORD June 9, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 6 8883 of his policies seem to be designed to run the White House aren’t willing to The Senator from Iowa is recognized. destroy them. In some key areas, such do anything—anything at all—about Mr. GRASSLEY. I thank the Chair. as trade, energy, and debt, the Presi- our deficits and our debt? (The remarks of Mr. GRASSLEY per- dent himself has acknowledged that a Investment follows certainty. That is taining to the introduction of S. 1161 reversal of his policies would create one thing this White House refuses to are located in today’s RECORD under jobs and spur recovery. provide. This ongoing uncertainty is ‘‘Statements on Introduced Bills and Let’s start with trade. Hoping to paralyzing our economic recovery and Joint Resolutions.’’) sound as though he had a plan for job seriously hindering job creation. The ACTING PRESIDENT pro tem- creation, the President used the giant One recent study suggests that any pore. The Senator from South Dakota. platform provided by his annual State nation which carries a public debt load f of the Union Message in January to de- at or above 90 percent of its economy THE BUDGET clare that he had finalized a trade loses one point of economic growth, agreement with South Korea that which the administration’s own econo- Mr. THUNE. Mr. President, last week would support at least 70,000 American mists have said is equivalent to 1 mil- I had the opportunity to travel my jobs. Yet, nearly 5 months later, he lion jobs. So why won’t they propose a State of South Dakota, as I think most sent his aides out to say that he won’t serious plan to lower it? When will the Senators did who were home over the sign them into law unless Congress ap- administration follow through on what break. During the week, I was able to proves billions more in government it knows it has to do to spur job be part of a couple of events in my spending first. growth? The solutions are right in State with former Comptroller General On energy, the President has ac- front of us. David Walker. I think most people here knowledged the pressure that regula- The administration acknowledges are acquainted with Mr. Walker. He tions put on job creators. That is why that free trade agreements, expanding had a 10-year run as the Comptroller he ordered a review of them in Janu- domestic energy exploration, cutting General of this country. He has since ary. Yet, by one estimate, the national regulations, providing tax certainty, started an organization called the energy tax his administration tried to and reducing the debt will lead to a Comeback America Initiative and has pass through the EPA could cost, by dramatic increase in jobs. So why been traveling the country trying to some estimates, millions of jobs—mil- won’t it follow through? explain to the public the issues sur- Too often, unfortunately, the answer lions. While the President has acknowl- rounding our national debt—high Fed- is political. They don’t want to cross edged that in order to sustain eco- eral spending levels and their effect on some special interest group—whether nomic growth and create jobs, as he our Nation’s future. it is those who don’t like trade agree- put it last year, we would need to har- I would add he is someone who takes ments or those who don’t like the way ness traditional sources of energy, his both parties to task. He is an equal op- private companies such as Boeing run continued refusal to issue drilling per- portunity critic. He is very bipartisan their businesses or those who don’t mits in the gulf has had a devastating in his criticism of the out-of-control want to give up a single solitary penny economic effect. spending that exists in Washington, On the debt, the President himself of Federal spending. DC, but he did point out the tremen- But the good of the country is more has said, ‘‘If we don’t have a serious dous growth in government which has important than the goals of some polit- plan to tackle the debt and the deficit, occurred in the course of our Nation’s ical interest group. We have to rein in that could actually end up being a big- history. In fact, when our country was our debt, cut spending, reduce taxes, ger drag on the economy than anything founded, if we go back to the formative reform entitlements, and grow this else.’’ Yet, under his leadership, the years of our country—and he uses the economy. This administration knows Nation’s national debt has skyrocketed year 1800 as an example—government this as well as I do. It is time to act. spending made up just 2 percent of our 35 percent, from $10.6 trillion to $14.2 So, looking ahead, the key to suc- entire economy. Just 2 percent of our trillion, our deficit is three times big- cess, in my view—and in the judgment GDP represented government spending. ger than the biggest annual deficit dur- of others, including Moody’s—is for ev- Today, it makes up almost 25 percent, ing the Bush administration, and the eryone involved to view the upcoming and we are on a trend line, a trajec- President refuses to put forward a seri- debt limit vote as an opportunity—an tory, where that will rise to 39 percent ous plan to do anything to bring the opportunity—to reduce Washington by the year 2040. debt or the deficit down. spending now and to save the taxpayers So there is a pattern here. The Presi- So we have seen this upward spike in trillions of dollars over the long term. dent likes to say he is concerned about the spending, the amount of Federal It is an opportunity to put our fiscal the economy and jobs, but his policies spending as a percentage of our entire house in order and to prevent the fiscal tell an entirely different story. He can economic output. The reason Mr. Walk- crisis we all know is coming. We know talk all he wants, but he cannot walk er gives for the continuing increase in what we need to do. The time to do it away from what he has done, and the spending is primarily entitlement pro- is now. things he is failing to do right now to Mr. President, I yield the floor. grams. In other words, we have Medi- create private sector jobs and to get care, Medicaid, and Social Security our economy moving again. Chief f which now represent about 43 percent among them is his refusal to do any- RESERVATION OF LEADER TIME in 2010. Those three programs rep- thing to lower the debt and deficits he The ACTING PRESIDENT pro tem- resented 43 percent of our total Federal has done so much to create. pore. Under the previous order, the spending and, again, that number is set Right now, U.S. businesses are sit- leadership time is reserved. to spike as we head into the future. ting on nearly $2 trillion in cash. Most f Mr. Walker pointed out we are set to of them would love to invest this cash spend more on mandatory programs in new products, ventures, and employ- MORNING BUSINESS than we will take in in revenue in 2011. ees. Yet they are holding back. Why? It The ACTING PRESIDENT pro tem- So this current year we will spend is not just the regulations and the pore. Under the previous order, the more on mandatory programs, which mixed signals they are getting about Senate will be in a period of morning include those I just mentioned—Medi- taxes or the expectation that all the business for 1 hour, with Senators per- care, Social Security, and Medicaid— spending today will necessarily lead to mitted to speak for up to 10 minutes than all the revenue the Federal Gov- higher taxes tomorrow; it is also the each, with the time equally divided and ernment will take in. So that would uncertainty surrounding our future. controlled between the two leaders or mean we can’t even afford to pay out How can businesses be confident about their designees, with the Republicans for the mandatory spending programs the future and hire new workers to controlling the first half and the ma- we have in our budget, not to mention build that future if the Democrats who jority controlling the final half. those discretionary programs which

VerDate Mar 15 2010 12:22 Jul 11, 2014 Jkt 099102 PO 00000 Frm 00002 Fmt 0686 Sfmt 0634 E:\BR11\S09JN1.000 S09JN1 wreier-aviles on DSK5TPTVN1PROD with BOUND RECORD 8884 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 6 June 9, 2011 are the other part of our Federal budg- ing longer to find jobs. This long-term we are pushing to attach to the dead- et. unemployment is particularly impor- line that is under discussion right now If we look at it in terms of how much tant for a number of reasons. No. 1, so we can make it easier and cheaper we spend today and how much we bor- these individuals who suffer from long- for individuals to create the jobs that row, we are borrowing about 42 cents term unemployment often exhaust gov- are so necessary to get our economy out of every dollar we spend. That is ernment and personal resources that back on track and get people back to the reality we are faced with. So it is are available to them. As a result, they work. There are a number of things clear we need to make some reforms, are at greater risk of falling into pov- that can be done and should be done. Mr. President, particularly in the enti- erty. Further, it indicates our economy Obviously, as I noted, as we continue tlement programs, to put them on a is not sufficiently dynamic. These indi- the debate about spending and debt and more sustainable footing. viduals could have skill mismatches or doing something about this year-over- Further, Mr. Walker shared the re- there may simply not be any jobs in year $1.4 trillion, $1.5 trillion, now $14.3 sults of his fiscal fitness index, which their local economy. trillion debt that is hanging like a puts the United States at 28 out of 34 Finally, the long-term unemployed cloud over our economy, we have to developed countries—just behind Italy may see their skills diminished and be- deal with that. We have an oppor- and just two places in front of Ireland. come less and less attached to the tunity, as has been noted by the leader We are No. 28 out of 34 developed coun- workforce. What this all means is it be- earlier this morning, to do that in the tries around the world in terms of our comes harder and harder for these peo- context of this debt limit debate we are fiscal fitness. ple to find a job as they no longer know going to have. We should view this— Mr. Walker’s message, obviously, is the latest technologies or no longer both sides—as an opportunity to do not a fun one. It is not a message you have the skills they developed by years something meaningful about spending would expect people to like to hear. It of practice. This creates longer term and debt and to put our country on a is not a message that promises more challenges for our economy to be able more sustainable fiscal path for our fu- spending on people’s preferred pro- to find these individuals jobs. ture. grams. Yet my constituents were eager The question is how do we create an But there are a number of other to hear this message. Why is that? No. environment where businesses and in- things that impact the economy today 1, he was honest. He was honest about dividuals can be creating jobs. We that should be done. One is we have the size of our problem, about the know we need to cut spending, to cut three pending trade agreements that scope of our unfunded liabilities, about our deficit, and to cut unnecessary and were negotiated 3 to 4 years ago. They the causes of this deficit—that it is pri- harmful regulations. In a recent pres- have been languishing here because the marily a spending-driven crisis, about entation to the University of Wash- White House will not send those trade the effect of the health care law on ington, Nobel laureate Robert Lucas agreements up here for Congress to act. To give an example of what that health care spending in this country, pointed out that the possibility of means to an agricultural State such as and about the measures that are need- higher taxes, the uncertainty of regula- South Dakota, Colombia is one of those ed to cut spending and to bring the tions, and the increasing role of the Federal Government in health care be- three trade agreements—Colombia, budget back into balance. Panama, and South Korea, all of which My constituents appreciate that kind cause of the health care law, are all present markets for South Dakota ag- of honesty. They appreciate someone contributors to our slow economic re- ricultural markets. But agricultural telling them the truth, not simply con- covery. Likewise, Dr. Lucas speculated that exports are a big part of our trade rela- tinuing to make promises that cannot our economy may continue to grow at tionship with Colombia. In 2008 we had be kept. And, No. 2, they were eager to a slower rate because of the increased an 81-percent market share in Colom- hear his message because his message regulation, taxation, and spending that bia. Today that is a 27-percent market offered hope. He pointed out that if the is moving us closer to a European wel- share. We need those trade agreements country adopted a fiscal plan that fare state. In fact, Dr. Lucas notes that approved to create jobs and to grow would bring down our deficits on a these European economies have in- this economy. I hope the White House level that was similar to the plan of comes that are 20 to 30 percent less per will send those, follow through on their the President’s fiscal commission, our capita because of these differences in rhetoric and actually send those trade Nation’s rating on the fiscal fitness the size of government. agreements up here so we can act on index would jump from 28th clear up to It is clear it would even further in- them. 8th place. He showed the attendees crease unemployment if we continued It has been 771 days since we passed a that there is a series of steps we can to move along this path. We cannot budget in this country. We and the ad- take to fix Social Security, Medicare, continue with the status quo. We al- ministration talk about doing some- and Medicaid—to preserve these impor- ready know the size of our debt is cost- thing about spending and debt, and yet tant programs without bankrupting ing us 1 percentage point in growth here we are having gone 771 days with- our country—and he showed us that if every year which, according to the out even having passed a budget, the we start now we have time to make White House’s own economists, is the most fundamental responsibility we these changes without being forced to equivalent of 1 million jobs. In other have to the taxpayers of this country. make Draconian cuts or to hike tax words, when we sustain the kind of If we are serious about spending and rates. debt load we have today—our gross debt, we need a budget that sets a blue- This hope that we can fix these prob- debt as a percentage of our GDP, our print for a more fiscally sustainable fu- lems is real and it gives the general entire economic output, is over 90 per- ture for this country. We need energy public something they can understand. cent—that means we are losing eco- policies that allow us to develop Amer- That was certainly the case with my nomic growth and that means we are ican energy to get fuel costs under con- constituents last week. shedding jobs as a consequence of this trol, which also impacts in a very di- Unfortunately, there was another high level of debt and high level of rect way our economy and our ability event that occurred last week and that spending. to create jobs. was the release of the unemployment We need to grow the private econ- The solutions are out there, they are numbers. Those numbers did not re- omy, shrink government spending, and very straightforward and simple. We flect hope but, instead, indicated we cut our debts and deficits. This is the need to have the will to move forward have a long way to go toward fixing path that will help us on a recovery, and address these issues and I hope we our economy. These numbers showed help our economy to recover, and cre- will because the American people ex- that unemployment had risen to 9.1 ate the jobs that are necessary to lower pect and deserve that we will. As Dr. percent. Further, the long-term unem- that unemployment rate. Walker pointed out last week, in my ployed increased to 6.2 million people, We know we can do this. There are a State of South Dakota, if we do not, we as those who are out of work are tak- number of reforms and spending cuts are headed for a fiscal train wreck.

VerDate Mar 15 2010 12:22 Jul 11, 2014 Jkt 099102 PO 00000 Frm 00003 Fmt 0686 Sfmt 0634 E:\BR11\S09JN1.000 S09JN1 wreier-aviles on DSK5TPTVN1PROD with BOUND RECORD June 9, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 6 8885 I yield the floor. and second oak leaf cluster, the Air in his home kitchen using a light-scat- The ACTING PRESIDENT pro tem- Force Meritorious Service Medal, Pur- tering device which was able to iden- pore. The Senator from Utah is recog- ple Heart Medal, the Air Force Com- tify clustered proteins in the eye lens. nized. mendation Medal with one oak leaf These kitchen experiments ultimately Mr. HATCH. Mr. President, I ask for cluster, Air Force Achievement Medal led to Mr. Ansari’s invention of an in- enough time to give my remarks this with one oak leaf cluster, and the Air novative eye-scanning device and pro- morning and I ask for an equivalent Force Combat Action Medal. cedure that is at least two or three amount of time for the other side. I know God will be watching over the times stronger than any device on the The ACTING PRESIDENT pro tem- family of this admirable man. He gave market. pore. Without objection, it is so or- his life so that others may live. TSgt His invention also has the potential dered. Kristoffer M. Solesbee will never be to significantly improve the ability to Mr. HATCH. I hope I can stay within forgotten. detect early signs of Alzheimer’s, Par- the time constraints, but I am not Mr. President, I yield the floor and kinson’s, diabetes, and many other dis- sure. suggest the absence of a quorum. eases. The procedure is currently used The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem- by NASA to study the long-term con- pore. The Senator from Utah is recog- pore. The clerk will call the roll. sequences of space travel on the vision The ACTING PRESIDENT pro tem- nized. of astronauts. Mr. HATCH. I thank the Chair. pore. The Senator from Virginia. Mr. WARNER. Mr. President, I ask Mr. Ansari’s personal story is a testa- (The remarks of Mr. HATCH per- ment to all that continues to make our taining to the submission of S. Con. unanimous consent that the order for the quorum call be rescinded. Nation great. Born in Pakistan, Mr. Res. 23 are located in today’s RECORD The ACTING PRESIDENT pro tem- Ansari always dreamed of working for under ‘‘Submission of Concurrent Sen- pore. Without objection, it is so or- NASA. Not only was he able to realize ate Resolutions.’’) dered. his dream of working for our govern- f ment, working for NASA, but in the f HONORING OUR ARMED FORCES process he has made discoveries that HONORING RAFAT R. ANSARI could have a big impact on the lives of TECHNICAL SERGEANT KRISTOFFER M. SOLESBEE Mr. WARNER. Mr. President, once millions of people not only here in the Mr. HATCH. Mr. President, I rise again, I come to the floor to celebrate United States but around the world. today to pay tribute to TSgt Kristoffer and recognize the contribution of our I hope my colleagues will join me in M. Solesbee of Hill Air Force Base’s Federal employees. I do this on a reg- honoring Mr. Ansari and those other 75th Civil Engineer Squadron. Tech- ular basis because while we debate the great scientists and engineers at NASA nical Sergeant Solesbee was killed in issues of the day and grapple with for their excellence and service to our action near the city of Shorabak, Af- issues around the debt and deficit and Nation. ghanistan. the circumstances that will require us So, again, I wish to acknowledge not Technical Sergeant Solesbee was a to cut back on government spending, I only Mr. Ansari but all of our Federal brave and courageous man. Not only think it is important to remember the workers. I think it is important. As did he volunteer to serve his country, literally millions of Americans who somebody who has been very involved— returning to the field of battle three work in one form or another for our and hopeful to do more—on this issue times, twice in Iraq and this final tour Federal Government day-in and day- of debt and deficit, I know we will have in Afghanistan, but he volunteered for out. From our armed services, to folks to make substantial cutbacks in how one of the most dangerous assignments who work within this Capitol Complex, government spends and operates. But I in the war on terrorism; he was an ex- to folks who work within Health and think we need to remember, as we talk plosive ordnance disposal technician. Human Services, to those who work in about some of these cuts, that we are This is not the first time a member research, to those who make enormous affecting the lives of literally millions of Hill’s EOD flight had been killed contributions to our Nation, we should of good Americans who try to keep the while protecting his fellow service- not lose sight of them as we grapple functions of this government working members from improvised explosive de- with the debt and deficit and a host of on an efficient, honest, and ethical vices. In early 2007, three other mem- other issues we deal with in this body. basis day-in and day-out. bers of the 75th Civil Engineering So today I rise to honor another With that, I yield the floor and note Squadron were also killed. Yet, despite great Federal employee, Rafat Ansari. the absence of a quorum. this tragedy, Technical Sergeant Mr. Ansari is a senior scientist and The ACTING PRESIDENT pro tem- Solesbee always returned to duty. I be- leading innovator at NASA’s Glenn Re- pore. The clerk will call the roll. lieve one of Utah’s largest newspapers, search Center in Cleveland. He has The legislative clerk proceeded to The Standard Examiner, paid him the been recognized for developing a safe, call the roll. highest tribute when it stated noninvasive laser device that could Mr. REID. Mr. President, I ask unan- ‘‘Kristoffer M. Solesbee died doing drastically improve the early detection imous consent that the order for the what he loved: saving lives.’’ I cannot of cataracts and improve people’s lives quorum call be rescinded. think of a better definition of a true in the process. The ACTING PRESIDENT pro tem- hero. Cataracts are the leading cause of vi- pore. Without objection, it is so or- From those who knew him best, his sion loss and blindness in the United dered. family, friends and fellow servicemem- States and in the world. They affect f bers, described him as smart and high- over 22 million Americans over the age ly energetic. Growing up he loved of 40, and over $6.8 billion is spent an- CONCLUSION OF MORNING model rockets and radio controlled nually in the United States on cataract BUSINESS cars and airplanes. During his 11-year treatment. The ACTING PRESIDENT pro tem- career in the service, his fellow airmen Mr. Ansari was motivated to help pore. Morning business is closed. came to rely upon him and his profes- cataract patients after his father was f sionalism. Indeed, there is broad con- diagnosed with the disease. He began sensus among Hill’s EOD technicians researching the disease and realized ECONOMIC DEVELOPMENT that he was the benchmark by which that cataracts are caused by proteins REVITALIZATION ACT OF 2011 others were judged. in the lens that cluster abnormally, a The ACTING PRESIDENT pro tem- His distinguished service also did not process similar to what he was study- pore. Under the previous order, the go unrecognized. Technical Sergeant ing in his space experiments. Senate will resume consideration of S. Solesbee was the recipient of the Lacking the necessary financial re- 782, which the clerk will report by Bronze Star Medal with Valor device sources, he began conducting research title.

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The legislative clerk read as follows: ment and Senator SNOWE will have an The offensive presence of the Gaspee A bill (S. 782) to amend the Public Works hour and a half. Could the Chair please was matched by the offensive manner and Economic Development Act of 1965 to re- give me the exact timeframes. of its captain, LT William Dudingston. authorize that Act, and for other purposes. The ACTING PRESIDENT pro tem- Lieutenant Dudingston was known for Pending: pore. Under the order, 1 hour 37 min- destroying fishing vessels and confis- McConnell (for Snowe) amendment No. 390, utes for each side. cating their contents, and flagging to reform the regulatory process to ensure Mrs. BOXER. Thank you very much. down ships only to harass, humiliate, that small businesses are free to compete I was close. and interrogate sailors. But on June 9, and to create jobs. I wish to let Senator SNOWE know 1772, an audacious Rhode Islander, Cap- DeMint amendment No. 394, to repeal the what my plan is at this time. First, I tain Benjamin Lindsey, took a stand. Dodd-Frank Wall Street Reform and Con- am going to yield some time on an- Aboard his ship, the Hannah, Captain sumer Protection Act. other subject—but it will be used on Lindsey set sail from Newport to Prov- Paul amendment No. 414, to implement the our time—to Senator WHITEHOUSE, who idence. On his way, he was hailed by President’s request to increase the statutory has something very important per- the Gaspee to stop for a search. The de- limit on the public debt. taining to his State, and then I am Cardin amendment No. 407, to require the fiant captain ignored the command and FHA to equitably treat home buyers who going to come back and take as much continued on his course. Recently, Dr. have repaid in full their FHA-insured mort- time as I might consume and it will Kathy Abbas, director of the Rhode Is- gages. not be that long. I wish to lay out land Marine Archaeology Project, has Merkley-Snowe amendment No. 428, to es- where we are in this debate, why this suggested a motivating factor for tablish clear regulatory standards for mort- bill is so important, and I am going to Dudingston to have sought to seize the gage servicers. make some remarks about Senator Hannah: she may have been carrying The ACTING PRESIDENT pro tem- SNOWE’s amendment. So I do not know 250 pounds sterling onboard. As Dr. pore. The majority leader is recog- exactly how long it will take, but I will Abbas told the Providence Journal, nized. do it as quickly as I can and retain the that was ‘‘an enormous sum’’ in those AMENDMENT NO. 390 remainder of my time. days. Mr. REID. Mr. President, if I called But at this time, I yield 10 minutes of In any event, Captain Lindsey and for regular order, which I am, that my time to Senator WHITEHOUSE. his Hannah sought to evade the Senator WHITEHOUSE is coming back would mean the Snowe amendment Gaspee. Gunshots were fired, and the into the Chamber with his charts, and would be pending; is that right? Hannah sped north up Narragansett I reiterate, I will yield the first 10 min- The ACTING PRESIDENT pro tem- Bay with the Gaspee chasing behind in utes of my time to Senator WHITE- pore. The amendment is now pending. pursuit. HOUSE. Outsized and outgunned, Captain Mr. REID. OK. Mr. President, first of The PRESIDING OFFICER (Mr. all, I appreciate the cooperation of Lindsey drew courage and confidence BROWN of Ohio). The Senator from Senator SNOWE, Senator COBURN, and from his keen familiarity with Rhode Rhode Island is recognized. Island waters. He led the Gaspee into others. It is important we move along Mr. WHITEHOUSE. Mr. President, I with this legislation. So for the next 3 the shallow waters off Namquid Point, thank Senator BOXER. where the smaller Hannah cruised over hours we will be able to debate the COMMEMORATING GASPEE DAYS Snowe amendment. The time will be the sand banks. The heavier Gaspee ran Mr. President, my time in this Cham- aground, and stuck. The Gaspee was equally divided during that period of ber often gives me cause to reflect on time. stranded in a falling tide, and it would our history and on the brave patriots be many hours before high tide would We have a number of amendments who went before us, many of whom others want to offer. We already have lift her free. risked or even gave their lives to cre- Arriving triumphantly in Providence, four in addition to hers that have been ate this great Republic. Today, I would Captain Lindsey visited John Brown, offered. We have time agreements on like to talk about a group of men who, whose family helped found Brown Uni- those. I appreciate everyone’s help in 239 years ago tonight, engaged in a dar- versity. The two men rallied a group of moving forward in this regard. ing act of defiance against the British patriots at Sabin’s Tavern, in what is Mr. President, I ask unanimous con- Crown. now the East Side of Providence. The sent that the time until 2:15 p.m. be For many, the Boston Tea Party is Gaspee was despised by Rhode Island- equally divided between Senators one of the first events on the road to ers who had been too often bullied in SNOWE and BOXER or their designees; our revolution. Growing up, we were their own waters by this ship, and the that at 2:15 p.m. the Senate proceed to taught the story of painted-up Bosto- stranding of this once-powerful vessel vote in relation to the Snowe amend- nians dumping shipments of tea into presented an irresistible chance. ment; that no amendments, points of Boston Harbor, to defend the principle: On that dark night, 60 men in order or motions be in order to the ‘‘no taxation without representation.’’ longboats led by Captain Lindsey and Snowe amendment prior to the vote, Conspicuously missing from history Abraham Whipple moved quietly down other than budget points of order and books is the story of the brave Rhode Narragansett Bay. They encircled the the applicable motions to waive; the Islanders who challenged the British Gaspee, and demanded that Lieutenant amendment not be divisible; that the Crown far more aggressively more than Dudingston surrender the ship. amendment be subject to a 60-vote a year before Bostonians dumped those Dudingston refused, and instead or- threshold; and that the motion to re- teabags into Boston harbor. Today, on dered his men to fire upon anyone who consider be considered made and laid its anniversary, I would like to take us tried to board. upon the table. back to an earlier milestone in Amer- The determined Rhode Islanders took I would also say, before the Chair ica’s fight for independence, to share this as a cue to force their way onto rules, we have Senator MCCASKILL who with you the story of a British vessel, the Gaspee, and they boarded her in a wants to offer an amendment on the the HMS Gaspee, and to introduce you raging uproar of shouted oaths, gun- same subject matter. We will do that to some little-known heroes now lost shots, powder smoke, and clashing at some subsequent time. in the footnotes of history. swords. Amidst this violent struggle The ACTING PRESIDENT pro tem- In 1772, amidst growing tensions with Lieutenant Dudingston was shot by a pore. Is there objection? American colonies, King George III sta- musket ball. Right there in the waters Without objection, it is so ordered. tioned his revenue cutter, the HMS of Warwick, RI, the very first blood of The Senator from California is recog- Gaspee, in Rhode Island. The Gaspee’s what was to become the American Rev- nized. task was to prevent smuggling and en- olution was drawn. Victory was soon in Mrs. BOXER. Mr. President, as I un- force the payment of taxes. But to the hands of the Rhode Islanders. derstand it, I will have an hour and a Rhode Islanders, the vessel was a sym- Brown and Whipple took the captive half to present our side on the amend- bol of oppression. Englishmen back to shore. You can go

VerDate Mar 15 2010 12:22 Jul 11, 2014 Jkt 099102 PO 00000 Frm 00005 Fmt 0686 Sfmt 0634 E:\BR11\S09JN1.000 S09JN1 wreier-aviles on DSK5TPTVN1PROD with BOUND RECORD June 9, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 6 8887 today down behind O’Rourke’s Tavern marks. I offer my deepest sympathies have had no opportunity, other than in Pawtuxet Village, down Peck Lane to these impacted by that terrible fire. this one, to basically say how I feel. toward the water, and see the bronze Unfortunately, in this country we are I know it is in contrast to the way plaque commemorating the spot where witnessing so many disasters. It is so Senator SNOWE feels, and Senator the captured crew was brought ashore. difficult for the people to deal with COBURN. I have lots of respect for them. The Rhode Island patriots then re- this, but we have to always respond. I I hope they have respect for me as turned to set the abandoned ship on am glad he paid tribute to the fire- chairman of the Environment and Pub- fire and rid Narragansett Bay of this fighters, the first responders, because lic Works Committee because my view nuisance once and for all. As the they are the ones who put everything is, my obligation is, to protect the Gaspee burned, the fire reached her on the line to help us. health and the safety of our kids. powder magazine and she exploded like We have before us a bill called the How many kids have asthma? If I fireworks. The boom echoed across the Economic Development Revitalization asked a group here, I bet one-third of bay, as the remains of the ship Act of 2011. It is S. 782. It is a good bill. the hands would go up. If I asked how splashed down into the water. The It is a bill that is needed for our econ- many people know someone with asth- Gaspee was gone: captured, burned, and omy because it is a bill that is focused ma, I bet more than half would raise blown to bits. The site of this historic on one thing, jobs. When people are their hands. So I think we cannot victory is now named Gaspee Point. asked what our focus should be—and willy-nilly just support an approach The wounding of Lieutenant we all know we need to reduce the def- that would take away the ability to Dudingston and the capture and de- icit and the debt—they all say No. 1 is put the benefits of protecting health struction of the Gaspee occurred 16 jobs because without jobs, deficits only into any formulas before we say regula- months before the so-called Boston Tea get worse, debts only get worse, as peo- tion should be thrown overboard. I Party. Perhaps this bold undertaking ple have to turn to the safety net that think there are ways to definitely work will one day show up in our history is provided in this great Nation for together. Unfortunately, today we are books, alongside pictures of the blazing their very survival. So when we have going to have an up-or-down vote on Gaspee lighting up Narragansett Bay. an opportunity to come together across the Snowe amendment without that Perhaps American children will memo- party lines with a jobs bill, one would opportunity. rize the dates of June 9 and 10, 1772, and think we would be delighted to do it. I want to go through the fact that the names of Benjamin Lindsey, Abra- This EDA, the Economic Develop- the bill that is before us, the under- ham Whipple, and John Brown. ment Administration, was reauthorized lying bill, S. 782, has strong bipartisan I do know that these events will back in 2004 when George W. Bush was support. It was reported out of our never be forgotten in my home State. President. Let me tell a story because EPW Committee by voice vote, only Over the years, I have often marched in everybody came together, and that one objection, and that is because this the annual Gaspee Days Parade in War- EDA reauthorization passed by voice EDA has operated for 50 years. It has a wick, RI, as every year we recall the vote and was signed into law by Presi- very good tradition of creating jobs courage and zeal of these men who dent George W. Bush. So it is a bit per- and spurring growth in economically risked it all for the freedoms we enjoy plexing for me to note that we have hard-hit communities nationwide. today, and drew the first blood in what dozens and dozens of amendments that This bill is going to ensure that EDA became the revolutionary conflict. I would add, in the context of fires are absolutely nongermane to this re- can continue to create jobs, thousands and disasters, we have lost one of the authorization. We have one amendment of jobs, protect existing jobs, and drive signature buildings of Woonsocket, RI, that is pending that my colleague, Sen- local economic growth. It is distressing last night. It was called the ator SNOWE, is offering, which has to me to see, for example, an amend- Woonsocket Rubber Company. The never had a hearing. It has never had a ment by Senator DEMINT. He is very building was known as the Alice Mills, markup, and it is absolutely going to proud of his amendment. What would it named after the mother of the presi- change the way we can protect our peo- do? It would do away with the EDA. So dent of the company who built it, and ple from pollution, from danger. on a bill to reauthorize the EDA, he it existed for—I do not know—100 years I think it is unfortunate that rather has an amendment to eliminate the or more. It burned in a fire so great than work on this together, we are see- Economic Development Administra- that 12 municipal fire departments had ing this offered as an amendment. It is tion. to answer it last night; fire depart- Senator SNOWE’s complete right to do Now, again, I respect his view, but I ments all the way from Wrentham, this. I respect it. I honor it. I under- do not understand it. Why do I not un- MA, down to Warren, RI. stand how strongly she feels. But I feel derstand it? Because in 2005, Senator I want to express my sympathies of just as strongly that something that DEMINT sent out a press release con- Woonsocket on this loss and my pride would ignore public health and safety gratulating local leaders for securing in the firefighters who responded from and not even put that in the benefits an EDA grant for the City of Dillon, so far and wide to tend to this fire. Un- column is something that is a danger SC. So we have Senator DEMINT pro- fortunately, the mill could not be to the people we serve. posing to eliminate an agency which he saved. These mills are very hard to pre- So we are going to have a debate lauded not once but more than once. vent fires in once they get burning. We about it, and the votes will come at Senator DEMINT was quoted in the have lost something very precious in 2:15. I am pleased we will get to vote. I press release as saying: Rhode Island. I just wanted to note do hope at some point we will be able This investment in Dillon County will save that in addition to my remarks about to look at regulatory flexibility, we and create hundreds of South Carolina jobs. the Gaspee. will be able to work to make sure that And I am pleased that the EDA has awarded Let me thank very much my chair- as we assist our businesses—and we all these funds. man on the Environment and Public want to do that. That is what this bill, So what planet are we on? We have a Works Committee. I know she has im- the EDA bill, does. It is assisting busi- Senator who sends out a press release portant business on the Senate floor. It nesses. It is jump-starting business de- lauding an agency he now wants to was very kind of her to give me those velopment. We have example after ex- eliminate. So you would say, well, few minutes to talk about this historic ample of that—we also can work to maybe that was 2005 and he has sud- day in Rhode Island and American his- ease their burden a bit while not en- denly changed his mind. No. One year tory. dangering the life and the health of the ago, Senator DEMINT’s staff held a I yield the floor. people. That is pretty straightforward, workshop in Myrtle Beach to highlight The PRESIDING OFFICER. The Sen- and I would be very happy to work with competitive funding opportunities ator from California is recognized. my colleague. But this bill has never available to local communities and Mrs. BOXER. Mr. President, I just even had a hearing. This bill she is of- businesses through EDA and other Fed- want to thank my colleague for his re- fering has never been marked up. I eral agencies.

VerDate Mar 15 2010 12:22 Jul 11, 2014 Jkt 099102 PO 00000 Frm 00006 Fmt 0686 Sfmt 0634 E:\BR11\S09JN1.000 S09JN1 wreier-aviles on DSK5TPTVN1PROD with BOUND RECORD 8888 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 6 June 9, 2011 June 16, 2010. Here it is: with you our experiences and lessons learned Mrs. BOXER. I yield the floor. Workshop to Highlight Competitive Fund- in working with the agency and provide you The PRESIDING OFFICER. The Sen- ing Opportunities. with additional information. ator from Maine. The office of U.S. Senator JIM DEMINT and They talk about the unique capa- Ms. SNOWE. Mr. President, before I the Myrtle Beach Chamber of Commerce will bility the EDA can and does support. begin to address the pending amend- provide a workshop— They say EDA staff members displayed ment I have offered along with a num- It goes on to say that the staff of a high degree of professionalism and ber of Senators in response to regu- Senator DEMINT will be there. technical expertise. They say they latory reform, I am going to yield to I don’t get what is going on. How do have engaged with them on multiple the Senator from North Dakota, who is you send out a press release lauding an levels, from consultation to sharing a cosponsor of this legislation. I am de- agency and then say: Let’s do away valuable field experience at the State lighted that he is a cosponsor, and that with it. I don’t get it. If jobs are our and local level. he recognizes and acknowledges the No. 1 priority—and I certainly know We have tremendous support. The importance of changing the regulatory the occupant of the chair is fighting 24/ AFL–CIO, dealing with the loss of con- environment in America if we are 7 for jobs, for outsourcing jobs, and for struction jobs, says: going to have job creation and eco- job creation. EDA has established an admirable track nomic growth. For every dollar spent in EDA, $7 of record in assisting economically troubled The PRESIDING OFFICER. The Sen- private investment is attracted. His- low-income communities with limited job ator from North Dakota. torically, $1 of EDA investment at- opportunities by putting their investments Mr. HOEVEN. Mr. President, I am to good use in promoting needed job creation tracts nearly $7 in private sector in- pleased to be here with Senator SNOWE and industrial and commercial development. vestment. Now, you say: Well, for our and to rise in support of her legisla- investment with Federal dollars, how The last chart is the American Pub- tion, the Freedom Act of 2011. I will be much does it cost for us to create one lic Works Association, which builds brief in my comments. I know she has good job? The answer comes back: EDA public works and the water and sewer comments to make. I also appreciate systems we need. This is from Peter creates one job for every $2,000 to $4,600 Senator BOXER’s comments in regard invested. That is a good investment. King, executive director of American to Republican and Democrats coming EDA is a job creator. That is why it is Public Works Association, dated this together on this legislation. I think perplexing to me to have a host of month: that is exactly what needs to happen amendments that are distracting us I write on behalf of the 29,000 members of with the Snowe-Coburn amendment, from jobs, jobs, jobs. APWA in support of the Economic Develop- the Freedom Act of 2011. Between 2005 and 2010, with an invest- ment Revitalization Act, S. 782. We urge the Senate to pass this legislation, which will I am pleased to be a cosponsor of this ment of $2.4 billion, total jobs gen- create jobs, stimulate economic growth in legislation. I draw on 10 years of expe- erated were 450,000 and total jobs saved distressed areas, and improve the economic rience as a Governor in our State in ex- were 85,000. At the $500 million funding growth of local communities. pressing how very important it is that level authorized, if that was spent, After Senator SNOWE speaks and oth- we create the kind of legal tax and reg- EDA would create 87,000 to 200,000 jobs ers speak, I will reserve my time to go ulatory structure at the Federal level every year and 400,000 to 1 million jobs into specifically what programs we that will help us to stimulate private over the life of the bill. We don’t know have seen flourish because of that little investment and get this economy going that that $500 million will stay, but spark that gets lit when EDA gets in and growing and get people back to historically that is what we have au- there. The private sector loves this work. I know that is exactly what Sen- thorized through EDA. program, and local governments and ator SNOWE hopes to achieve with this Here are the people who are sup- State governments love it. It has amendment, and will. That is why we porting an authorization of the EDA: worked since 1965. need to pass it. U.S. Conference of Mayors, American I urge my colleagues, if you have Just this morning, jobless claims Public Works Association, National As- amendments, let’s get time agreements came out. New jobless claims were sociation of Counties, AFL–CIO, Amer- and dispose of those amendments. Let’s higher than anticipated, at 427,000. ican Planning Association, Association get to a final vote on this very impor- Last week, we got the employment of University Research Parks, Edu- tant program, which has flourished numbers, and we gained only 54,000 cational Association of University Cen- under Democratic Presidents, Repub- jobs. Unemployment is 9.1 percent. At ters, International Economic Develop- lican Presidents, Democratic Con- the same time, we face a more than $14 ment Council, Association of Develop- gresses, and Republican Congresses. trillion debt, and our deficit is more ment Organizations, National Business For goodness’ sakes, does everything than $1.5 trillion. We are spending $3.7 Incubation Association, State Science have to be a battle royale around here? trillion a year and only taking in $2.2 and Technology Institute, University We ought to be able to reach across the trillion in revenue. Clearly we need to Economic Development Association, aisle when there is a bill brought up get a grip on spending, but to get out of and National Association of Regional that deals with jobs. If we don’t do this deficit and debt and to get people Councils. that, we honestly fail the people. back to work, we need to get this econ- We have a letter from an arm of the My very last point is that Senator omy growing. That doesn’t mean the U.S. Chamber of Commerce lauding INHOFE has worked very hard on this Federal Government spending more; it this program, citing how well they bill. Republicans have added a lot of re- means the Federal Government spend- work with the EDA. They say: forms to the EDA. I think those re- ing less and creating the kind of We are the citizenship arm of the U.S. forms are important. One would elimi- progrowth, jobs-oriented economy and Chamber of Commerce, and in this capacity nate a duplication of effort, and others legal tax and regulatory structure that we work with thousands of businesses and would give the private sector the abil- will help us grow. local chambers of commerce on community If you look back at the 1990s, when development and disaster recovery. These ity to buy out the EDA interests. So I local chambers and businesses are constantly think, clearly, at this time, we should we had a deficit, and even before, when looking for national best practices, lessons get these amendments done. we had stagflation, it was a combina- learned, technical assistance, strategy sup- I am pleased Senator SNOWE is here, tion of a growing economy and better port, and other insights and tools and tech- and she is anxious to speak. I will con- fiscal management that got people niques to make communities as competitive clude at this time and reserve the re- back to work and got us out of the def- as possible. mainder of my time. icit and to a surplus. We need to do This is the chamber of commerce Mr. President, how much time re- that again. We need this kind of legis- arm: mains on my side? lation that will help us create a regu- As you consider EDA’s future roles and re- The PRESIDING OFFICER. There latory environment that stimulates sponsibilities, we would be happy to share are 76 minutes remaining. business investment, creates jobs, gets

VerDate Mar 15 2010 12:22 Jul 11, 2014 Jkt 099102 PO 00000 Frm 00007 Fmt 0686 Sfmt 0634 E:\BR11\S09JN1.000 S09JN1 wreier-aviles on DSK5TPTVN1PROD with BOUND RECORD June 9, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 6 8889 people back to work, and gets the econ- Small Business Committee on regu- doesn’t, and the Congress doesn’t. If omy growing, and then, with good fis- latory reform, but that is not enough they did, we would be working here day cal restraint, will help us get on top of for the Senator from California, who is and night. this huge deficit and our debt. It is vi- saying we have not had hearings. She I was told I had to have a vote on this tally important for us now, and it is vi- has offered plenty of amendments that amendment right now. Why? Because it tally important for future generations. haven’t had hearings in the Senate. We is Thursday, and certain members of This is an important step in the right had a major issue yesterday that was this body are smelling the jet fumes direction. I am pleased to cosponsor very important to small business—the while people are suffering on Main this legislation with the Senator from interchange fee—which didn’t have Street. Our fellow Americans are losing Maine. I look forward to hearing her hearings. It didn’t have hearings the their jobs. Have my colleagues heard remarks. first time it was offered to the Dodd- the stories about what people are fac- Ms. SNOWE. Mr. President, I thank Frank legislation last year, and yester- ing? Time and time again I hear the the Senator from North Dakota, Mr. day’s amendment didn’t have a hear- same old refrains: ‘‘We don’t have time. HOEVEN, for his excellent remarks. As a ing. So is there a new standard, in the We have to rush it. It hasn’t had hear- former Governor for 10 years, he knows Senate, when it comes to regulatory ings. We will do it sometime.’’ Well, the impact of regulations on small reform? Do you think there have been tell that to the average American who businesses and how detrimental they any overtures by anybody who opposes is struggling to keep a job, to find a job can be to job creation, particularly at my legislation to work with us on this or to keep the doors open to their busi- this time where we have a very dif- right away? ness. That is what this amendment is ficult economy. We have persistent What is happening on Main Street all about. That is the reality. high unemployment and subpar eco- America is that we are not creating We can pretend it is something else, nomic growth. We are at a consequen- jobs. Why? Because of what is failing to but the macroeconomic numbers are demonstrating time and again there is tial moment in our economic history, happen in Washington, DC, in the Sen- a desperation out there. Yet, we take 2- frankly, that deserves the attention of ate. There is a clear detachment from week recesses, then we come back and the Senate. So, again, I thank the Sen- the real world. Small businesses keep have morning business and chat along, ator for his comments in recognizing asking me what is going on. I say I but it does nothing to resolve the con- the effect regulatory reform will have can’t explain it, other than it is clear sequential issues facing this Nation. on the performance of small business that people don’t understand what is There was a time when the Senate used and, ultimately, job creation in this going on because if they did, we would to work, where we could sit down and economy. be working on it. solve a problem. Now it is all a facade, I am very pleased to have many col- I heard the Senator from California a few talking points and we move on. leagues cosponsoring this amendment. say, ‘‘at some point.’’ But tell that to In the meantime, people are suffering I am pleased to have worked with Sen- the person who is running a small busi- and they are handicapped by our in- ator COBURN from Oklahoma, and this ness and trying to keep their neck ability to work together. Regulatory amendment is also cosponsored by Sen- above water and keep their business reform is central to that agenda, make ators MCCONNELL, AYOTTE, BARRASSO, afloat during these very difficult no mistake about it. BROWN of Massachusetts, COATS, ENZI, times. What do these small business Let’s look at what we are talking ISAKSON, KIRK, HOEVEN, JOHNSON, owners talk about? They talk about about and why we need regulatory re- MORAN, THUNE, and VITTER. It is clear the regulations that are suffocating form. The analysts have lowered their to me that many of the Senators un- their ability to survive in a very tough forecast for the second quarter growth derstand the value and imperative of economic climate. this year. The first quarter growth was reforming our regulatory system. It is We are dithering. That is what this is already abysmal at 1.8 percent of GDP. absolutely vital that the Federal Gov- all about. It is all a masquerade, a fa- Manufacturing recovery has slowed. ernment consider the small business cade, just bringing up bogus argu- Housing remains in shambles. New economic impact of the rules and regu- ments. I have been in the legislative claims for jobless benefits, as the Sen- lations that agencies promulgate. process for the better part of four dec- ator from North Dakota indicated, ex- The question might be asked, Why do ades, and I know when there is a seri- ceeds 400,000—again. Growth of con- we need regulatory reform? We had a ous purpose about working together sumer spending is sluggish. bill on the floor last month, in early and solving a problem. It appears to me The President talks about job cre- May, wherein I was denied a vote, that there is no interest in solving this ation and stimulating the economy, which was regrettable because it is problem here in Washington. Every- but the results speak louder than clear that many people don’t under- body has their own agenda, but people words. Since the President took office, stand how important this is and how are wondering why there is this unem- unemployment has dipped below 9 per- central it is to small business job cre- ployment rate of 9.1 percent. cent for only 5 months. Even that data ation, how vital it is to the survival of When I raised these concerns to the is skewed because it doesn’t account small businesses and the cost of doing Secretary of the Treasury back in for the millions of workers who have business across America. But I keep early February in the Finance Com- exited the workforce altogether. Just hearing from certain colleagues, ‘‘Yes, mittee, when he was testifying—I de- last week, the unemployment rate for we understand it is important; how- scribed the concerns about what was May increased to 9.1 percent. We are ever’’ or ‘‘but’’ or ‘‘at some point.’’ happening on Main Street because I experiencing the longest unemploy- Let’s define ‘‘at some point.’’ When? take Main Street tours, and I invite ment period in American history since When I was denied a vote on regu- people to do that and to actually listen data collection started in 1948, sur- latory reform, on May 4 in the Senate, to what people are saying—he said: ‘‘I passing even the 1982 double-dip reces- I heard that we are going to have hear- think your view of the economy is dark sion for the length of unemployment. ings on the issue. Well, that obviously and pessimistic.’’ Despite the President’s promise, and has not occurred. So it becomes the I said: Well, maybe I wasn’t hearing an $800 billion stimulus package, a $700 politics of obfuscation, not the reality. it right. Maybe I wasn’t hearing it billion TARP program, up to $600 bil- As I heard from a small business owner right on Main Street. So when I meet lion in quantitative easing by the Fed- yesterday, ‘‘When I come into Wash- with small business owners, I mention eral Reserve, and over $2 trillion in ington, it is a walled city—walled off the Secretary’s comments to them, and overall government spending, we are from reality, detached from the real they cannot believe it. They cannot years away from where we need to be world on Main Street.’’ comprehend that the Secretary of the in terms of job or economic growth. I have been told that a concern with Treasury doesn’t understand what is Mr. President, 40 months after the this amendment is that we have not going on on Main Street; that the ad- start of the four deepest postwar reces- had hearings. We had a hearing in the ministration doesn’t, the Senate sions our economic output averaged 7.6

VerDate Mar 15 2010 12:22 Jul 11, 2014 Jkt 099102 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\BR11\S09JN1.000 S09JN1 wreier-aviles on DSK5TPTVN1PROD with BOUND RECORD 8890 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 6 June 9, 2011 percent higher than pre-recession lev- was done by Crain and Crain. They what makes sense and what doesn’t in els. Yet since December 2007, when the added the estimated cost of four cat- this current context of this economic most recent recession commenced, our egories or types of regulations—eco- environment. Can we spend time doing GDP has only increased 0.1 percent. nomic regulations at $1.2 trillion; envi- that, since I was denied the time on That is why we need regulatory reform. ronmental regulations at $281 billion; May 4 and an ability to vote on this We need to bolster job creation, and task compliance, $160 billion; and regu- amendment? Could we have worked the only place we can do that is lations involving occupational safety, that out? Absolutely not. So why can’t through small businesses. health, and homeland security, $75 bil- we become involved in this effort? The Senator from California says we lion. It seems we are turning a blind eye need hearings on this amendment. Some studies omit independent agen- to it. There is no recognition because I Then we should change the rules of the cies. Some even omit the Internal Rev- don’t think there is a full under- Senate and require that every amend- enue Service from the calculation cost standing or an appreciation of what is ment offered on this floor has a hear- of regulations. Well, ask a small busi- going awry in the economic landscape ing, and every bill. That must be a new ness or any business in America about in every community across this coun- standard, Mr. President. We have had whether IRS regulations have a cost try and why there is that despair, that hearings on this question in the Small for them. Of course they do. We have to anxiety. Business Committee, and the focus is include all agencies of government By the way, about 80 percent of the that we desperately need reform. that have an impact directly on small American people believe we are moving In a small business regulatory reform business or any business in America. in the wrong direction when it comes hearing in November 2010 we heard a Even a separate White House finding to our economy. That should be a Paul witness note if there was a 30 percent acknowledges that the estimated an- Revere wake-up call. It should be a cut in regulatory costs, an average 10- nual cost of major Federal regulations message on which we might want to re- person firm would save nearly $32,000— reviewed by the Office of Management align our focus in the Senate. enough to hire one additional person. and Budget this past decade cost be- Maybe we should spend some time in When President Reagan entered of- tween $44 billion and $62 billion. the Senate working out the issues to fice in 1981, he faced actually much The point is, the principal impedi- solve the problems so we can create worse economic problems than Presi- ment to job creation in this country is jobs for Americans who are unem- dent Obama faced in 2009. I know be- a broken regulatory system. We have ployed, because we know that 9.1 per- cause I served in the House of Rep- repeatedly talked about it. It is a top cent doesn’t capture all unemployed resentatives at that moment in time. priority for the small business commu- Americans. There are many who have With unemployment soaring into dou- nity across America. Every major orga- dropped out of the workforce entirely. ble digits, at a peak of 10.8 percent, nization that is a key voice for small You could have, underemployed or un- huge chunks of industrial America business echoes this repeatedly: Fed- employed, as many as up to 25 million shut down in the recession of 1981–1982 eral regulations have placed a tremen- Americans. That is staggering. That is and never reopened. Yet once the re- dous burden on them. breathtaking. covery began in earnest in the first I know many of my colleagues and I Since the time I was denied a vote, quarter of 1983, the economy boomed. understand the critical nature of all of we could have been moving ahead on It exceeded 7.1 percent for five consecu- this. We have heard the message loud this legislation, or in the interim from tive quarters and kept growing at a 4- and clearly. Even the President, inter- when I was denied that vote on May 4, percent pace for another 2 years. estingly enough, issued an Executive working out a solution, working The contrast in results between the order in January to begin the process through these issues. And during that current recovery and the Reagan years of reviewing Federal regulations, cit- time, the chairman of President is instructive because the govern- ing the need for ‘‘absurd and unneces- Obama’s own Council on Jobs and Com- ment’s response was so different. As a sary paperwork requirements that petitiveness, General Electric CEO Jeff recent Wall Street Journal article reit- waste time and money.’’ So in 4 Immelt, announced the top four prior- erated, in the 1980s the policy goals months the administration’s prelimi- ities. This just happened on May 10. were to cut tax rates, reduce regu- narily findings uncovered over $1 bil- Understand, on May 4 I was prevented latory costs and uncertainty—which is lion in savings in 30 agencies. They ran from having a vote on regulatory re- what these regulations are producing the gamut. They included even envi- form. That is preposterous. We have day in and day out—let the private ronmental regulations. not had hearings. Hearings sometimes economy allocate capital free of polit- So, obviously, there is some recogni- are a path to nowhere; leading to noth- ical direction, and focus monetary pol- tion and acknowledgment that regula- ing. But since then, have there been icy on price stability rather than on re- tions are a barrier and an impediment. hearings called for? No, of course not. ducing unemployment. That is the type The President is making eliminations But 6 days later, who is speaking on of policy mix we need to rediscover if at the Occupational Safety and Health regulatory reform? The President’s we are going to climb out of this eco- Administration and the Environmental own Council on Jobs and Competitive- nomic downturn. Protection Agency. And yet, I don’t ness chairman, that is who, and he is Let’s look at the first chart—small think anybody would suggest he is try- noting a number of priorities. Guess business job creators in my State and ing to eradicate all environmental pro- what. One of them happens to be regu- across America because they are the tections in America by identifying lations to support a pro-growth envi- ones that create 70 percent of all the some that just aren’t worthy of support ronment and strengthen U.S. competi- net new jobs in America. That is why because they are onerous. He would tiveness. He listed improving and inno- regulation reform becomes so essential eliminate the requirement that States vating education and bolstering ex- and imperative. The total cost of regu- install a system to protect against fuel ports to the world’s fastest growing lation is at $1.7 trillion—that is with a polluting the air at gas stations since markets as three of those priorities. ‘‘t’’—and small firms with fewer than modern vehicles already have these Then he called for ‘‘collaboration be- 20 employees bear a disproportionate systems. That would save up to $67 mil- tween government and business with burden in terms of those costs. It is lion a year. But no one in this Chamber regard to regulation’’ as a top priority, $10,585 per employee, which is 36 per- is going to accuse the President of say- noting that ‘‘Decades of overlapping, cent higher than the regulatory costs ing, well, we are undermining all envi- uncoordinated regulations create un- confronting larger firms. ronmental regulations in the country. necessary hurdles and increased bur- I know some people like to dispute It is as if we can’t be discerning and dens for entrepreneurs and businesses, numbers and say: Oh, no, that is not discriminating in evaluating what is large and small, across the country.’’ really a true number. Oh, really? Just worthy and what isn’t, what is too Let me repeat, this is from the Presi- add them up. There was a study that costly and complex and what isn’t, dent’s hand-selected chairman of a

VerDate Mar 15 2010 12:22 Jul 11, 2014 Jkt 099102 PO 00000 Frm 00009 Fmt 0686 Sfmt 0634 E:\BR11\S09JN1.000 S09JN1 wreier-aviles on DSK5TPTVN1PROD with BOUND RECORD June 9, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 6 8891 council dedicated to create American litical or philosophical boundaries. books. That is what I proposed. If an jobs and boosting our competitiveness. There should not be philosophical dif- agency cannot be bothered to review He made this pronouncement less than ferences. You might have some argu- the regulations as they are required to a week after the Senate failed to con- ments about what approach you take, do under the law every 10 years, if they sider my regulatory reform amendment but those things could be worked out. are not doing it, then it must not be to the SBIR Reauthorization legisla- In fact, that is exactly what I did with that important so let’s take them off. tion that we were considering for near- the amendment I offered on which I There was some resistance on the ly two months, with a mere three days was denied a vote back on May 4. other side so I made the change in re- of votes over that time. From the other side there were some sponse to the concerns. What I incor- You might think that if there were issues. We made five major modifica- porated is that they would lose 1 per- some reasonable concerns about my tions to my proposal because it is im- cent of their operating budget. That is amendment, the other side would try portant to build bipartisan support. I fair. We have to give them incentives to work with me since then. Nothing. have certainly reached across the aisle to do what they should be doing by law Nothing. We might have had a recess or on so many occasions. I would have but we will now give them some great- two. We had days without votes, days thought we could have had a cor- er impetus to comply with the law. It without debating key issues—actually responding response to work out these is amazing that we are in that position, not just days, weeks. Nothing. Nothing issues. That is what I do not under- but that is where it stands. So I made is connecting. stand. I cannot understand. There that change because I thought it was What is connecting, though, unfortu- should not be any debate. If they talk important. nately for small businesses and people to their small business community, We have tasked inspector generals who depend on them for jobs, is that they will get the same response. with assuring that these reviews are there is a cause and effect and that is What can we do to make it better? taking place and they can do so in con- why you are seeing the deleterious ef- That is the key. The key is making sultation with the chief advocacy coun- fects of our inability to work on the some changes. One, I called for a small sel at the Small Business Administra- issues that matter, that we have basi- business review panel to be required for tion. It is not unusual for an IG to de- cally relegated all of this to the back- every agency so they can review the termine that the agency they are over- seat, we have substituted other things regulations before they are promul- seeing complies with existing laws. without purpose. It is truly regrettable gated, before they are implemented, so After all, isn’t that what they precisely because of what it is doing to the aver- we find out beforehand what might be do? Would anybody argue that out- age American and for those who are of concern to small business, what dated and ineffective regulations hurt struggling. People, rightfully, know it. might have potential costs or risks, or the environment or harm small busi- The American people understand what will not work out, and know it before- nesses? The administration’s own pre- is happening here—or what is not hap- hand. I hear from some: Oh, no, we will liminary review of regulations at 30 pening here, I should say. work it out later, afterward. You ask agencies in 4 months identified $1 bil- The breadth of regulations is truly the small business person how you are lion worth of savings. Why would we punitive on businesses in America. The going to work it out afterward, after not want to start having those reviews Heritage Foundation reported last year they paid astronomical costs to comply become the norm rather than the ex- that ‘‘[t]he burden of regulation on with that regulation. ception? I do not understand it. Are we Americans increased at an alarming Let’s set up the small business re- that busy here that we cannot do it? rate in fiscal year 2010,’’ with a record view panels. This is not a new model. Maybe we could forfeit a few recesses 43 major new regulations costing $26.5 There are such panels for OSHA and and do some work for America to con- billion alone, ‘‘far more than any other EPA. And due to an amendment that I nect what is going on in Main Street— year for which records are available.’’ offered to the financial regulatory re- getting back to Main Street because That is just in 1 year, $26.5 billion. form bill, one also now exists at the that is where the jobs are created. That is on top of the $1.75 trillion in al- Consumer Financial Protection Bu- Maybe we could spend more time ready existing total regulatory costs. reau, and it is part of that mechanism here doing that instead of deferring to That is just 1 year, $26.5 billion. now. There was a model that we adopt- sometime down the road. It is clear the administration and the ed from OSHA and EPA, from 1996, I made some other key changes in agencies have gone on a regulatory when we had a Democratic administra- hopes that we could build that bridge rampage. Again, it is that detachment tion, and it worked exceptionally well. in response to the concerns that were from the real world. What does this So I thought, Why not apply it to every given by the other side. I made five mean? What are the real, practical im- agency? major modifications because I thought plications for the person running a But we heard, absolutely not. it is important to build bipartisan sup- small business and trying to calculate So I said OK, what can we do to work port. Again I was denied that oppor- the costs or anticipate future costs? it out? I talked to those on the other tunity. Why are they going to hire a new em- side of the aisle and we changed it and Now we are being told that the main ployee and take on new costs? Why said for the 3 years that this bill will concern is that it has not had a hear- should they make investments? They be authorized we will do it for nine ing. Does that mean that we ought to don’t dare. They can’t take the risk. agencies, three a year, to see how it change the rules of the Senate, as I They say: We don’t know. works for the nine agencies who’s rules said earlier, to require a hearing for I meet with small businesses regu- have the most effect on small busi- every amendment? Perhaps that would larly and talk to them and they say it nesses. I did that. I made that change slow the train down even more here. is the uncertainty with regulations to address the concerns that were ex- Maybe we could get back to achieving that continues to limit their decisions. pressed on the other side of the aisle. some results. This demonstrates it. Then we said we should start requir- Another provision I have in my Regu- The Heritage Foundation reports ing the agencies to do what they are latory Reform Act that I have intro- that ‘‘[r]egulatory costs will rise until supposed to do by law. You think it is duced with Senator COBURN and so policymakers appreciate the burdens a little redundant to ask them to do many others here, is a basic common- that regulations are imposing on what they are required to do already, sense approach: incorporating the indi- Americans and the economy, and exer- which is to review the rules? They are rect economic effects of regulations on cise the political will necessary to supposed to review the rules every 10 small businesses so we make sure they limit—and reduce—those burdens.’’ years but, guess what, they do not. So anticipate the foreseeable indirect eco- That is exactly what our amendment I said: If they are not reviewing a rule nomic effects in addition to the direct will do. This is a clarion call for regu- every 10 years, then that rule cannot be effects, because we know there are a latory reform. There should be no po- that important. So let’s take it off the multiplicity of effects that resonate

VerDate Mar 15 2010 12:22 Jul 11, 2014 Jkt 099102 PO 00000 Frm 00010 Fmt 0686 Sfmt 0634 E:\BR11\S09JN1.000 S09JN1 wreier-aviles on DSK5TPTVN1PROD with BOUND RECORD 8892 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 6 June 9, 2011 and reverberate with other industries. ing small business review requirement. That is why the legislation I have in- That needs to be calculated and incor- This is a commonsense approach, to en- troduced, and the Senator from Okla- porated and factored into the equation sure agencies abide by the law prior to homa and others, has broad support in terms of cost. And let’s be clear. a rule being made final. It is not a par- from major small business organiza- This is not a radical or partisan propo- tisan measure. It is just practical tions across America. They under- sition. In fact, the language was taken sense. If somebody has not run a small stand. They are hearing from their directly, word for word, from the Presi- business, they probably do not under- membership. And speaking of this, Mr. dent’s Chief small business regulatory stand it, do not appreciate what it President, I ask unanimous consent to watchdog, the head of the SBA Office takes to start or run a small business, have printed in the RECORD two letters of Advocacy. the ingenuity and the cost involved. of support, one from 32 major business I also recommend that we expand the If you take a small operation with 5 organizations and another from the judicial review requirement so we employees, 10 employees, 20 employees, Chamber of Commerce. make sure that when an agency pro- they are the majority of small busi- There being no objection, the mate- poses a rule, it has complied with its nesses in America. And small busi- rial was ordered to be printed in the existing legal requirements to consider nesses account for up to 70 percent of RECORD, as follows: the economic impact of the rule on the net new jobs in America. Remem- JUNE 8, 2011. small businesses, that it has con- ber, in the last 21⁄2 years other than 4 Hon. OLYMPIA SNOWE, templated less costly alternative ways months, we have had 9 percent or high- U.S. Senate, Washington, DC. to make the rule less burdensome. er unemployment rates. I mean, that is Hon. TOM COBURN, That is important because they U.S. Senate, Washington, DC. a dire commentary of where we stand DEAR SENATORS SNOWE AND COBURN: As ought to listen to diverse options, in today after we have spent $2 trillion, representatives of small businesses, we are terms of the rule they are proposing, to and the deficit is growing, the debt is pleased to support Freedom from Restrictive make sure that they have incorporated growing. We are facing the potential of Excessive Executive Demands and Onerous the views of small businesses in under- a debt crisis if we do not deal with this Mandates (FREEDOM) Act of 2011. This leg- standing the implications, being more massive accumulation of debt. That is islation puts into place strong protections exact and precise in the process—not why job growth becomes such an im- for small business to help ensure that the federal government fully considers the im- waiting until months and years down perative. This is why regulatory reform pact of proposed regulation on small busi- the road, after you go through a very is urgent and why we must do some- nesses. extensive, complicated rulemaking thing about it. In an economy with high unemployment, process, to try to make your case. We could work across the aisle in- and where almost 2⁄3 of all net new jobs come Small businesses do not have the re- stead of making broad accusations that from the small business sector, we appre- sources to do that to begin with, let this is going to decimate the environ- ciate that your legislation would require reg- alone the time or employees to do it. ment, and workplace safety, that this ulators to further analyze the impact of cer- tain proposals on job creation. The annual That is not a good use of their capital, is going to decimate health care. If cost of federal regulation per employee is by the way, to be spending their time that is the case, the President must be significantly higher for smaller firms than arguing with a government agency doing the same thing because he has larger firms. Federal regulations—not to time and again. just proposed revoking more than $1 mention state and local regulations—add up For 30 years, small businesses have billion worth of regulations from agen- and increase the cost of labor. If the cost of had the ability to seek judicial review cies in 4 months. We cannot even have labor continues to increase, then job cre- of an agency’s small business impact a hearing in 4 months on the issue if ation will be stifled because small businesses statement after the rule has been will not be able to afford to hire new employ- hearings are so important to the out- ees. made. In this entire time period, for come. I would be more than happy to The Small Business Regulatory Freedom over 30 years, even with the ability to have hearings to get it done, but we Act expands the scope of the Regulatory obtain judicial review, we know of only cannot even get hearings, cannot work Flexibility Act (RFA) by forcing government two rules that were remanded by the it out. It is just talk, talk, talk. regulators to include the indirect impact of courts. One was a mining regulation Many of my proposals have bipar- their regulations in their assessments of a that did not account for the number of tisan support. In fact, interestingly regulation’s impact on small businesses. The enough, this proposal regarding judi- bill also provides small business with ex- small businesses that had gone bank- panded judicial review protections, which rupt under bonding requirements. The cial review was a provision that actu- would help to ensure that small businesses other was fishing restrictions issued ally the Small Business Committee have their views heard during the proposed without realizing the impact on fisher- chair, the Senator from Louisiana, pro- rule stage of federal rulemaking. men. This means that waiting until the posed and Senator CARDIN from Mary- The FREEDOM Act strengthens several rule is final is simply too late; the land, in a nearly identical fashion as other aspects of the RFA—such as clarifying damage is done. section 605 of the Small Business In- the standard for periodic review of rules by To correct this injustice, our amend- vestment and Innovation Act of 2010 in federal agencies; requiring federal agencies to conduct small business economic analyses ment would provide small businesses the 111th Congress. They obviously before publishing informal guidance docu- the ability to bring legal action earlier agreed with the approach. There is ments; and requiring federal agencies to re- in the process so we can avert mistakes nothing partisan about this. We ought view existing penalty structures for their at the outset so we do not force small to be able to work this out. There is impact on small businesses within a set businesses to go through this onerous, nothing complicated about it. There is timeframe after enactment of new legisla- complicated, costly process, and then nothing complicated about addressing tion. These important protections are needed find out we made a mistake, the agen- a fundamental issue facing small busi- to prevent duplicative and outdated regu- cies made a mistake, and they say: You ness. latory burdens as well as to address penalty I just want to set things straight so structures that may be too high for the know what. You are going to have to small business sector. fight it and go through another rule- it is clear and we are not misunder- The legislation also expands over time the making process which takes months if stood. Some are making generalized small business advocacy review panel proc- not years. It is not going to happen. mischaracterizations. People have not ess. Currently, the panels only apply to the That is why we are not stimulating read the amendment, or taken the time Environmental Protection Agency, the Occu- economic growth; we have thousands of and effort to understand it. Reason it pational Safety and Health Administration, regulations. out, and if you disagree, come up with and the Consumer Financial Protection Bu- As a result, we have provided small something so we can move with ur- reau. These panels have proven to be an ex- tremely effective mechanism in helping businesses the ability to bring legal ac- gency, with dispatch because we are agencies to understand how their rules will tion, to seek judicial review prior to losing jobs in America. We are losing affect small businesses, and help agencies the rule becoming finalized, whether an businesses. This would help enor- identify less costly alternatives to regula- agency failed to comply with its exist- mously. tions before proposing new rules.

VerDate Mar 15 2010 12:22 Jul 11, 2014 Jkt 099102 PO 00000 Frm 00011 Fmt 0686 Sfmt 0634 E:\BR11\S09JN1.000 S09JN1 wreier-aviles on DSK5TPTVN1PROD with BOUND RECORD June 9, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 6 8893 We applaud your efforts to ensure the fed- resenting the interests of more than three America has always been working to- eral government recognizes the important million businesses and organizations of every gether to solve our problems. It has contributions of job creation by small busi- size, sector, and region. More than 96 percent been the hallmark of the innovation ness, and look forward to working with you of the Chamber’s members are small busi- and the can-do spirit of America. I hap- on this important legislation. nesses with 100 or fewer employees. On behalf pen to believe in that can-do spirit. I Sincerely, of these small employers, we applaud your Air Conditioning Contractors of Amer- leadership on introducing this important know it is possible if we have a process ica; American Bakers Association; piece of legislation and look forward to and a procedure in the Senate that al- American Chemistry Council; Amer- working with you on its passage. lows for it. ican Farm Bureau Federation; Amer- Sincerely, When I get up every day, it is about ican Trucking Associations; Associated R. BRUCE JOSTEN. what I can do for the people I represent Builders and Contractors; Food Mar- Ms. SNOWE. Our amendment in- and for this country at a very trying keting Institute; Hearth, Patio & Bar- cludes a number of other provisions and anguishing moment, where the un- becue Association; Hispanic Leadership certainty is permeating the American Fund; Independent Electrical Contrac- that would be important. For instance, we asked the Internal Revenue Service psyche; to feel and to understand the tors; Institute for Liberty; Inter- fear that people get up with every day national Franchise Association; Na- to consider small business impact on tional Association for the Self-Em- rulemaking, and that agencies review wondering if they are going to find a ployed; National Association of Home their rule penalty structures. I think job or keep a job. Even if they get a Builders; National Association of RE- we should ask the Internal Revenue job, it is about one-third of what they ALTORS; National Association of the Service to consider small business im- were making before. I heard that story Remodeling Industry (NARI); National pact as well. It is reasonable. They ob- yesterday from some constituents, Automobile Dealers Association viously have a broad effect on small about the hundreds who apply for a job (NADA); National Black Chamber of for one-third of what they were mak- Commerce; National Federation of businesses across America. I have spoken on this issue at great ing. How are they going to keep their Independent Business; National Fu- families afloat, their homes? If they neral Directors Association. length because I think it is that impor- National Lumber and Building Material tant. I have been a ranking member of can keep it. That is what it is all Dealers Association; National Res- the Small Business Committee. I have about. taurant Association; National Retail been chair of the Small Business Com- Why is it we cannot replicate it here Federation; National Roofing Contrac- mittee, since 2003 in either capacity. in actions and speak to the American people and give voice to those fears and tors Association; Plumbing-Heating- My State of Maine is a small business Cooling Contractors—National Asso- say we are going to do it, we are going State with over 97 percent small busi- ciation; Printing Industries of Amer- to do it right here, and then systemati- nesses, so I fully understand and appre- ica; Small Business & Entrepreneur- cally tackle those issues one after the ciate the magnitude of the situation, ship Council; Snack Food Association; other and just do it and do it as long as the circumstances in which they find Society of American Florists; Society it takes, even if we have to work week- of Chemical Manufacturers & Affili- themselves and struggle to survive. ends? Americans are working week- ates; U.S. Chamber of Commerce; Win- The interchange fee amendment to this ends, two and three jobs. They are dow and Door Manufacturers Associa- bill, was an important issue that con- doing everything. We take recesses. We tion. sumed a lot of time in the Senate. I do this. We ‘‘obfuscate’’ is the word certainly did not complain because I CHAMBER OF COMMERCE OF THE that comes to mind, sort of create a understand that. It did not have a hear- UNITED STATES OF AMERICA, confusion, a masquerade that we are Washington, DC, June 8, 2011. ing. It is a new proposal—that did not doing something to mix it up. Hon. OLYMPIA J. SNOWE, have any hearings. I did not complain, The practical impact in the absence U.S. Senate, Washington, DC. but it is important to understand—I of what we are doing is directly felt at Hon. TOM COBURN, just want everybody to understand not home on the average American. I know U.S. Senate, Washington, DC. every amendment offered on the Sen- we can do better. There have been soar- DEAR SENATORS SNOWE AND COBURN: As a ate floor, every proposal, has a hearing. longstanding advocate for reducing excessive ing moments in this Chamber and regulatory burdens on small businesses, the Far from it. Very few ever do. there can be again. This is one of the U.S. Chamber of Commerce strongly sup- We had a hearing on small business most consequential times in our eco- ports S. 1030, the ‘‘Freedom from Restrictive regulations last fall. That is why I am nomic history, and we have an obliga- Excessive Executive Demands and Onerous working this out, but we cannot work tion to lift up the spirits of the people Mandates (FREEDOM) Act of 2011.’’ If en- it out. There is no process or mecha- by working together on the issues that acted into law, this legislation would expand nism. It is all talk. No action for where matter, and this is one issue that mat- the responsibilities under the Regulatory it matters most, and I feel the despair Flexibility Act (RFA) of federal agencies ters because there are 30 million small and anxiety of my constituents. I feel businesses in America. They are the during the rulemaking process so that a it intuitively. I wish we could do bet- more thorough economic impact of proposed job generators and creators, and if we regulations on small businesses would be ter. do not recognize the reality of this taken into account by regulators. I have been in the legislative process, type of reform and we cannot get it One provision in the bill would force agen- as I said earlier, for the better part of done, then we have failed to do our cies to take into account the foreseeable in- four decades. My whole reason for serv- jobs. And I regret that. direct economic impact of rules on small en- ing in public office is to rise to a higher I believe we can do it, and working it tities when analyzing potential burdens. As a level. I believe it is my responsibility out instead of talking about hearings result, regulators would have a better pic- to solve the problems on behalf of peo- at some point, some ambiguity, as if ture of the downstream implications of a ple I represent and, hopefully, the proposed rule on other businesses that might we cannot appreciate or understand not otherwise be considered. country. There are only 100 United what is happening in the real world and Another section of the bill would subject State Senators. It matters for our households every day on our Main agency guidance documents to the small States, and it matters for our country. Streets. If you do not, then I suggest business safeguards contained in the RFA. In I would hope we could aspire to a high- you take a few Main Street tours and many cases agencies have circumvented er level than this; certainly, in the talk to small businesses and talk about their rulemaking responsibilities by issuing aftermath of the last election, where their fears. These are Americans who informal guidance. Requiring agencies to there was an indisputable, unequivocal are working mighty hard to make a perform small business economic analyses message from the American people beg- difference in this world. All they want before publishing informal guidance docu- ments would help prevent regulators from ging and pleading with us to solve is a better life for themselves and their subverting their rulemaking duties under problems. families and their children and, in fact, the law. We have an individual and a collec- we are retreating. The U.S. Chamber of Commerce is the tive responsibility. We know how to do We have an obligation to stand up to world’s largest business federation, rep- it, and we can do it. The genius of do what is right. I hope we can find our

VerDate Mar 15 2010 12:22 Jul 11, 2014 Jkt 099102 PO 00000 Frm 00012 Fmt 0686 Sfmt 0634 E:\BR11\S09JN1.000 S09JN1 wreier-aviles on DSK5TPTVN1PROD with BOUND RECORD 8894 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 6 June 9, 2011 way somehow, somewhere. This is a are going to take some of these—some been addressing the Senate, so great place to start to make a dif- of these amendments are for show. wouldn’t it be appropriate for the Sen- ference. Fine. Everyone has that right. It is ator from South Dakota to speak? I yield the floor, Mr. President. fine. But let’s get it done, and let’s get Mrs. BOXER. My unanimous consent The PRESIDING OFFICER (Mr. going with authorization of a bill that request is that I have the right to call BEGICH). The Senator from California. is going to create jobs. That is the on Senator BROWN. I can yield to Sen- Mrs. BOXER. Mr. President, I appre- whole idea of it. The last time we voted ator BROWN is my understanding. ciate the passion with which my col- on it, we had a unanimous vote. Since The PRESIDING OFFICER. The Sen- league spoke, and I could not disagree 2004, we had a unanimous vote, and ator can yield time but not control of more with her when she says we are George Bush signed this into law. the floor. masquerading as if we are doing some- I just want folks to know I have an- Mrs. BOXER. I wish to yield time to thing. other couple minutes of remarks, and Senator BROWN. Were we masquerading when we then I will yield such time as he may The PRESIDING OFFICER. It does brought the small business jobs bill to require to Senator BROWN of Ohio. not give Senator BROWN the floor. the floor, and Senator LANDRIEU, who Mr. THUNE addressed the Chair. Mrs. BOXER. So then I will yield to chairs the Small Business Committee, The PRESIDING OFFICER. The Sen- him for some questions. I can do that stood here day after day after day and ator from South Dakota. under the rules; is that correct? only faced a filibuster from the Repub- Mr. THUNE. What are the rules of The PRESIDING OFFICER. That is licans? We could not get that bill done, discussion or debate right now? When correct. and millions of jobs were in the bal- the Senator from California wraps up Mrs. BOXER. All right. So that is ance. Were we filibustering? No, they her remarks, would it not be appro- what we will do, unless my colleagues were. Were we masquerading? priate to have someone from the other would rather do it the way I said be- Were we masquerading when we side speak at that time? fore. If not, I will just yield for ques- brought the FAA bill to the floor, in The PRESIDING OFFICER. There is tions. Either way. It is up to my col- which my colleague, Senator SNOWE, no order for speakers. The Senators leagues. played a huge role? Thank God, we from Maine and California control the Mr. THUNE. Mr. President, the re- passed it. Were we masquerading? That time, and they yield. quest was that at the conclusion of the bill is held up because the House Re- Mrs. BOXER. Mr. President, I am remarks of the Senator from Cali- publicans have not chosen conferees, happy to propound a unanimous con- fornia, the Senator from Ohio would and we are waiting to have a 21st-cen- sent request so that at the conclusion have how many minutes? tury aviation system in this great Na- of my remarks Senator BROWN will The PRESIDING OFFICER. Ten min- tion where we are using radar that was speak for, say, 10 minutes and then it utes. Mrs. BOXER. Then Senator THUNE used in the last century—practically would go to Senator THUNE; is that all the century before. Come on. We are right? would be recognized for as much time trying to do our job. Ms. SNOWE. Mr. President, reserving as he wishes. She talked about the last election. I the right to object. Mr. THUNE. I don’t have any objec- will talk about the last election. I was The PRESIDING OFFICER. The Sen- tion to that. on the ballot, so I can talk about it. It ator from South Dakota. The PRESIDING OFFICER. Is there was about jobs. I told my people when Mr. THUNE. I appreciate that, Mr. objection? The Senator from Maine. I get back here: Jobs, jobs, jobs. I am President. I don’t know if there is any Ms. SNOWE. Reserving the right to proud to say we have on the floor right time agreement, but I think it is ap- object, I wish to include the Senator now a bill to reauthorize the Economic propriate to go back and forth. from Oklahoma, Mr. COBURN. Development Administration, a pro- The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. At the gram that has been around since 1965 ator from California. conclusion of Senator THUNE? and one which has a stellar record of Mrs. BOXER. I have said I would Mrs. BOXER. Reserving the right to attracting $7 of private capital for offer a unanimous consent agreement. object, and I will not object, could we every $1 we spend. The cost of each job We are dividing the time between the have some indication of timeframe? It created is approximately $3,000 per job, two of us. It is my decision to yield to is all fine. and they are good jobs. The Chamber of Senator BROWN because Senator SNOWE Ms. SNOWE. Fifteen. Commerce arm is supporting this and has spoken for a very long time and I Mrs. BOXER. All right. I think I have the AFL–CIO. want him to have some time and I am the time; is that right? We are dealing with amendment after wrapping up my comments. I would be The PRESIDING OFFICER. Let’s amendment after amendment, and it is happy to propound a unanimous con- make sure. Up to 10 minutes for Sen- fine. It is everybody’s right, and I ap- sent request that after Senator ator BROWN of Ohio, then Senator preciate the fact that we will be voting BROWN’s remarks for 10 minutes, we THUNE to follow, and then Senator on this amendment at 2:15. We even then turn to Senator THUNE for 10 or 15 COBURN will follow. have an amendment to do away with or 20 minutes or whatever it is he wish- Mrs. BOXER. That is correct. the very agency we are trying to reau- es. The PRESIDING OFFICER. Is there thorize by Senator DEMINT, even Mr. THUNE. Mr. President, point of objection? though in 2005 he had a very big press clarification. My understanding is the Without objection, it is so ordered. release lauding the EDA and, as re- Senator from California cannot yield Mrs. BOXER. I have one more ques- cently as last year, his staff attended a time to another Senator. tion. I still have the floor? workshop where they were working Mrs. BOXER. I am not yielding time. The PRESIDING OFFICER. Yes. with the EDA and praising the EDA for The PRESIDING OFFICER. The Sen- Mrs. BOXER. I said at the conclusion their work to reinvigorate jobs. ator can yield time but not the floor. of my remarks we would turn to Sen- I appreciate being lectured—and it is The Senator from California. ator BROWN. How many minutes re- everybody’s right to do it—and I will Mrs. BOXER. Thank you. So is there main on each side? do anything to defend my colleagues’ objection to my unanimous consent re- The PRESIDING OFFICER. There is right to say whatever they want. It is quest that Senator THUNE be recog- 68 minutes for the majority and 47 min- just not true. The masquerading here is nized immediately after Senator utes for the minority. being done by Republicans who fili- BROWN for as long as he wishes? Mrs. BOXER. Thank you very much. buster almost every single thing we do. The PRESIDING OFFICER. The Sen- I will wrap up in a couple minutes and I hope we are going to get to the se- ator from Maine. come back later. ries of amendments. We are being very Ms. SNOWE. Reserving the right to I think it is very important to reit- cooperative with our colleagues. We object, the Senator from California has erate what I said before. I don’t think

VerDate Mar 15 2010 12:22 Jul 11, 2014 Jkt 099102 PO 00000 Frm 00013 Fmt 0686 Sfmt 0634 E:\BR11\S09JN1.000 S09JN1 wreier-aviles on DSK5TPTVN1PROD with BOUND RECORD June 9, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 6 8895 we are masquerading around here; I pacts. We don’t even know what it When I hear this sort of preachy: ‘‘We think we are trying to do our work. would mean to the health and safety of have to get rid of government regula- The bill before us was voted out of the our families, and it would absolutely tion,’’ let’s be a little more specific. committee. It had hearings. It had a ignore the benefits of regulations that There are some regulations, to be sure, vote. It was bipartisan, unlike the protect our children’s health, their that we should do away with. But when amendment offered by my friend who safety, their well-being and our work- I hear them talk about trillions of dol- never had a hearing. Let’s be clear. We ing families because a lot of these reg- lars of regulation, a lot of that is what are not masquerading; we are doing our ulations are meant to protect them. keeps our food pure, our drinking work. I hope we will vote down the Snowe water safe, our workplaces safe, our I only hope this bill gets better treat- amendment. I appreciate the passion quality of life better for the broad mid- ment than the small business bill. My on all sides. I truly believe we are not dle class. Let’s not forget that. friend is speaking for small business. masquerading. We have a bill with real I wish to speak for the last 5 or 6 We all know small business is the en- impacts, a bill that I have shown has minutes about something my col- gine of jobs, and that is why it was made a major difference in job cre- leagues and I will be debating fairly shocking to me that the Republicans ation, in business creation, and in soon; that is, the pending trade agree- filibustered the last small business bill bringing hope to our most ravaged ments with South Korea, Colombia, that was on this floor. It is outrageous, communities. It is such a good program and Panama. It is a bit of deja vu—as when we say we want jobs. that even Senator DEMINT, who says he Yogi Berra said, deja vu all over again. The reason I am going to vote to doesn’t like this program, certainly The promise of jobs is an echo we hear table the Snowe amendment or against throughout his career has praised the about every 3 or 4 years: Time to do a the Snowe amendment—there are progress it has made in his State. new free-trade agreement; time to many, but one is process. We haven’t With that, I yield the floor. promise lots and lots of new job cre- had a hearing. It is very far-reaching. The PRESIDING OFFICER (Mrs. ation; promise more exports for the But I also wish to speak as chairman of HAGAN). The Senator from Ohio. United States. We heard it with the Environment and Public Works Mr. BROWN of Ohio. Madam Presi- NAFTA, the North American Free Committee. One of our biggest laws dent, I thank the Senator from Cali- Trade Agreement, almost 20 years ago. and regulations that stem from it has fornia, and I thank the Senator from We heard it with PNTR with China in to do with the Clean Air Act. The way South Dakota also for his indulgence. I the late 1990s. We heard it with the my friend has put forward her amend- will be no more than 10 minutes. Central American Free Trade Agree- ment, there would be no benefit put I listened to Senator BOXER. This ment in the last decade—2003, 2004, into a regulation because of its impact EDA issue is important for job cre- 2005, 2006—and now we are hearing it on the health of us and our families. ation. I know when it comes to some- again with Colombia and South Korea The Clean Air Act has been attacked thing such as this, there is a whole and Panama. I recall both Republican and Demo- by those who want to say let’s not have array of issues that EDA is involved cratic administrations saying 200,000 regulations for this segment of busi- with in job creation. Just one of them new jobs created by NAFTA. I heard ness and that segment. We just had a is what EDA does with incubators and proponents of PNTR promise a more vote in California and 60 percent of the accelerators. balanced trade relationship with China, people—Republicans, Democrats, Inde- Last week, I was in Shaker Heights, and new, increased exports. We have pendents—more than 60 percent said we OH, at a place called the LaunchHouse. It used to be an auto dealership, and seen increased exports to China but want to see our health protected. nothing like the number of—there were Here is what has happened. In 2010, there are now 40 entrepreneurs working jobs created because of that, I acknowl- the Clean Air Act prevented 160,000 there. We know EDA investment, pub- edge that, but nothing like the export cases of premature deaths—premature lic dollar investment, in these incuba- of goods from China to the United tors pays real dividends. The EDA esti- deaths. Now we are going to come in States, which, in essence, is outsourc- mates a $10,000 investment creates 50 with some regulation that has never ing jobs in the United States. had a hearing, never had a vote, that is or more jobs. We are seeing that in There is a company in Bryan, OH, not going to take into account the ben- places such as Shaker Heights and called the Ohio Art Company. They efit of a health regulation such as that. Youngstown, one of the best incubators make something we are all familiar By 2020, that number is projected to in the country. Athens, OH, is the with, and that is the Etch A Sketch. rise to 230,000 cases of premature home of the National Association of In- We all played with it as kids. Walmart deaths. cubators, and they know what that went to that company—the biggest re- In 2010, the Clean Air Act prevented means. tailer in the history of the world—and 1.7 million asthma attacks—1.7 million Before the Senator from Alaska was said: We want to sell your product for fewer attacks. We want jobs. We want presiding, I was in the chair presiding less than $10 at Walmart. Do my col- people healthy. They can’t go to work and listening to some of this debate. I leagues know what they did? They ba- if they can’t breathe, because if you am a bit amazed by it. First of all, let’s sically shut down production in the can’t breathe, you can’t work. So let’s remember a little bit of history. I hear United States and moved to China so not get up here and pass something the talking points, apparently distrib- they could sell it for $10, costing hun- that hasn’t had a hearing, hasn’t had a uted to all 47 of the Republican Sen- dreds of jobs in that northwest Ohio vote, and suddenly say we are no ators, all coming to the floor and blam- community. longer going to take into account the ing government regulation for every Before PNTR, before these promises benefits of some of the regulations we problem known to humankind. They about increased jobs, we had a $68 bil- have. are forgetting government regulation lion trade deficit in goods with China. In 2010, the Clean Air Act prevented is seat belts, airbags, safe drinking Last year, it was $273 billion. About 130,000 acute heart attacks. In 2010, the water, prohibition on child labor, the $600 million or $700 million every single Clean Air Act prevented 3.2 million lost Food and Drug Administration so our day we bring in—we buy from China, days at school. food is pure and our pharmaceuticals then we sell to China. I hear this word So my point is, yes, we want regula- are safe. But they lump it all together ‘‘unsustainable’’ in this body all the tions to be sensible; yes, we want them and say get rid of all this government time about Medicare, whatever they to be flexible; yes, we should work to- regulation. I think the history they are talking about. But this is what is gether to make sure our businesses need to think about is the last time unsustainable. We can’t keep adding to aren’t facing undue delays and all the they preached on the Senate floor that trade deficit and think we are rest and I am very willing to do that. about deregulation, they were success- going to have good jobs. But what I am not willing to do is pass ful in deregulating Wall Street, and In April alone, our trade deficit with something that has far-reaching im- look what happened to that. China was $21 billion—in 1 month, $21

VerDate Mar 15 2010 12:22 Jul 11, 2014 Jkt 099102 PO 00000 Frm 00014 Fmt 0686 Sfmt 0634 E:\BR11\S09JN1.000 S09JN1 wreier-aviles on DSK5TPTVN1PROD with BOUND RECORD 8896 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 6 June 9, 2011 billion. So when I hear, this year, the lishing that formalized trade agree- ate jobs. It seems as if everything we Korean Free Trade Agreement—and ment with that major industrial coun- do makes it harder, more difficult, and the President of the United States is try in East Asia is a permanent rela- more expensive for our small busi- going to submit it to Congress fairly tionship. nesses to create jobs. soon, I assume, depending on what hap- It does not sunset like a so-called au- As the Senator from Maine very cor- pens with the trade adjustment assist- thorization. It does not sunset the way rectly pointed out, 70 percent of the ance; and this President has made this many of my colleagues have recently jobs in our economy are created by agreement with Korea, significantly let the trade adjustment assistance small businesses. I think there are a better than the last President’s trade lapse for service workers and for work- whole range of issues that impact agreement with Korea but not all that ers who lose their jobs to countries we small businesses in this country and good yet—the Congressional Budget Of- do not have a free-trade agreement their ability to create jobs. fice estimates this agreement will with. Some of my colleagues insist My colleague from Ohio just talked cost—in addition to the jobs issue, but trade adjustment assistance needs to about trade. I happen to have a view on hold on to that for a second—about $7 be reauthorized in the short-term, lit- trade that you ought to have trade billion over the next 10 years—$7 bil- tle baby steps, year-by-year intervals, agreements that are fair, that are en- lion. while they press for more permanent forceable, obviously, but that we are a My conservative friends on the other trade agreements. country that benefits enormously from side of the aisle are going to say: How Here is the deal. Madam President, I the opportunity to export the products are we going to pay for $7 billion? They know you in North Carolina have we grow and make to other countries want to offset cuts, they want to offset shown real leadership on these trade around the world. To just give you an example of one any other kind of spending, but they do relationships. Here is the deal conserv- particular country, one of the bilateral not seem to want to offset spending on ative politicians in the Senate and in trade agreements that is under consid- this trade agreement. So this trade the House of Representatives want. eration—or at least I wish was under agreement is costing us $7 billion. So They want us to pass permanent trade consideration; it has been negotiated free trade simply is not free. agreements, but then they may want to and has not been submitted by the The administration says this agree- take care of workers for just 1 year at White House yet to the Congress for ment is expected to support—not cre- a time, 6 months at time—6 weeks at a consideration—is the one with Colom- ate—70,000 jobs. Do the math. It is time the last time they reauthorized bia. I mentioned this earlier today in about $100,000 for every job supported. this. some remarks on the floor, if you look But do another piece of math, if I could This does not make sense. The trade at it and its impact on agriculture in ask the indulgence of the Presiding Of- agreement with Korea is a significant this country: In 2008, in the commod- ficer. George Bush the first said for problem for job growth in our country ities of corn, wheat, and soybeans, our every $1 billion trade deficit or surplus, and for protecting jobs in our country. country had 81 percent of the Colom- that translates—these are his num- There is nothing wrong with the word bian market when it comes to those bers—into about 13,000 jobs. So when I ‘‘protecting’’ jobs in our country. But three agricultural commodities. In mentioned that trade deficit with at the same time, before we even con- 2010, that was down to 27 percent. Why? China a minute ago—$21 billion in just sider that, we need to make sure we Because a lot of other countries that April alone—for every $1 billion, 13,000 pass the trade adjustment assistance. had negotiated free-trade agreements jobs are either gained or lost. If it is a We should have learned our lessons with Colombia have stepped in to fill trade deficit of $21 billion, that means from NAFTA, from NPTR with China, the void because we do not have that 13,000 jobs for every $1 billion of loss. from CAFTA, and from these other kind of agreement. So you can see, without belaboring this trade agreements that the promises This has very direct and profound im- point or putting too fine a point on it, coming from an administration on job pacts on the American economy. Be- there is significant job loss from these creation, when it comes to trade agree- cause when you lose that kind of mar- trade agreements. ments, are mostly empty promises. ket share—81 percent in 2008, down to The Obama administration sought to I yield the floor. 27 percent in 2010—that is a significant address the Bush administration’s ne- I thank Senator THUNE from South number of jobs that are impacted in in- glect of American automakers, which Dakota for his indulgence. dustries in this country. The same the free-trade agreement the Bush ad- The PRESIDING OFFICER. The Sen- would be true with Panama and South ministration negotiated with Korea ator from South Dakota. Korea, all of which would be trade did. But I fear we have not gone far Mr. THUNE. Madam President, I rise agreements that are teed up that have enough. Korea is the most closed auto- in support of the amendment that has been sitting and languishing for 3 or 4 motive market in the world to America been proposed by my colleagues from years now without action in the Sen- and other foreign autos. No manufac- Maine and Oklahoma, Senators SNOWE ate. It is absolutely insane for us not turer can export vehicles in significant and COBURN, the Freedom from Restric- to be moving trade agreements that volumes into Korea—not Toyota, not tive Excessive Executive Demands and could benefit our economy and create Volkswagen, not Ford, not Fiat. U.S. Onerous Mandates Act of 2011. This is a jobs at a time when job creation—cer- vehicle exports to Korea in 2010 were very commonsensical piece of legisla- tainly, at least rhetorically around 7,500 units. In a country approaching tion. It is something that certainly re- here—is stated to be the No. 1 priority perhaps 90 million people in Korea—80, sponds to a concern I hear from small we deal with. 90, 95 million people—we sell them 7,500 businesses all across this country When it comes to jobs and the econ- cars? Imports currently make up about about the need for relief from burden- omy—and I think there are a number 6 percent of the Korean auto market. some, one-size-fits-all Federal regula- of things, as I said, that impact that, Six percent of the cars driven around tions. trade being one—there are a number of in South Korea are made somewhere We hear a lot of discussion—in the policies coming out of Washington that other than South Korea. That is not Senate and around this town and impact small businesses and their abil- quite fair trade. around the country, for that matter, ity to create jobs. Clearly, tax policy is This bill, this Korean Free Trade because that is where it truly mat- one. Tax policy is something I think Agreement, does not get us there. The ters—about creating jobs. Yet for all needs to be reviewed. We need tax re- Obama administration approved it, but the rhetoric about job creation, it form. It is long overdue. It is making nothing like it needs to be. So I just seems there is very little that is actu- us noncompetitive with other countries caution my colleagues, the Korea Free ally being done with regard to the sub- around the world because our tax laws Trade Agreement is a permanent agree- stance of putting the right kind of poli- are outdated relative to other coun- ment. If we pass this agreement in a cies in place that will make it cheaper tries, our takes rates are higher rel- couple months, what we pass in estab- and easier for small businesses to cre- ative to every other industrialized

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The trajectory we are on had 771 days now without a budget. the global marketplace creating the today will take us up to 40 percent of If you are really serious about get- kind of jobs we need here at home, we spending on the Federal Government to ting the economy back on track, you have to have trade policies, tax policies GDP in the not-too-distant future. If have to also restrain spending. You that are conducive to economic growth you look at 2035, 2040, that is where we have to grow the economy, you have to and job creation. are headed if we stay on our current restrain Federal spending, because The other area, however, on which we path. when you have a government that is can be impacted by what happens in So it necessarily follows, I suppose, growing at the rate ours is, it does Washington is regulation. That is what that when government keeps getting crowd out private investment. It this particular amendment is all about. bigger and more expansive, more gov- makes it more difficult for small busi- It is about making regulation coming ernment regulations, more government nesses to get access to capital and cre- out of Washington, DC, reasonable, redtape, more bureaucracy is a natural ate jobs because they are competing making it based upon common sense, outgrowth of a growing government. with the government. making it based upon science, making What I think makes the most sense is Back to the issue at hand here—that it where any objective bystander or for us to be creating jobs in the private is regulations—I think that whether it person out there—an observer who economy. What we have seen here in is a farmer or rancher in South Da- looks at these regulations—would say: just the last few years is that the gov- kota—by the way, I spoke yesterday They are trying very hard not to make ernment economy is growing relative with someone who is in town rep- it more difficult for small businesses to to the total economy. The private resenting a livestock organization in create jobs in this country. economy, thereby, is shrinking. We my State—the No. 1 issue is over- But I think what happens too often is have seen, over the last 40 years, the reaching government regulation driv- the exact opposite. It looks like what average of the Federal Government, as ing up the cost of doing business. You look at some of the proposals is coming out of Washington are heavy- a percentage of our entire economy, and suggestions that are out there, and handed, burdensome requirements, being 20.6 percent. So 20.6 percent of sometimes they fall into the category mandates, and regulations which drive our entire economy spending has been of ‘‘you can’t make this kind of stuff up the cost of doing business in this by the Federal Government. As I said, country. Frankly, I do not disagree up.’’ now it is 24 to 25 percent. There was a proposal under consider- with what some of my colleagues on So we are on a path where we are rap- ation here recently at the EPA—which the other side have said about regula- idly ramping up, we are rapidly grow- they have not, to be fair, promulgated tions that are important to public ing the size of government relative to regulations on yet or proposed regula- health and safety. What I am talking our entire economy. That is not where tions on yet—that would regulate fugi- about are excessive, overreaching regu- we want to go if we are serious about tive dust. I mean, imagine and think lations, which in some cases go beyond creating good-paying, permanent jobs about what that means in an agricul- the congressional intent, the statutory for people in this country. Those jobs tural. What it essentially means is you purpose that Congress, when they en- originate and come from the private could not have dust from your property acted the laws, wanted to see take sector. They come from small busi- drift over onto someone else’s prop- place. So you have regulatory agencies nesses. That is where we want to create erty. that go way beyond the congressional the jobs. Some of this stuff borders on insan- intent and the statutory purpose with So I would say the amendment that ity. I think that is the point that is regard to many of these policies that is being proposed by the Senator from being made by the amendment of the are being put in place. Maine and the Senator from Oklahoma Senator from Maine. Let’s use some I have to say that when I travel in is a very reasonable one because all it common sense. Let’s use some reason. my State of South Dakota—and, for is simply saying is, before these new If we are going to have these regula- that matter, outside the State of South regulations go into place, the small tions, let’s at least put them forward in Dakota—and I talk to small businesses, businesses ought to have access to a way that does not disproportionately I talk to agricultural producers, the some review and perhaps even, if nec- adversely affect small businesses and overriding theme, the consistent theme essary, to the court system, to make make it more difficult for them to cre- I hear over and over and over again is: sure those regulations are consistent ate jobs. You have to get these out-of-control with the legislative intent and not Here is another example. Just last regulatory agencies under control. overly burdensome and putting an un- month, the DOT started seeking com- They keep spinning and kicking out necessary and excessive burden on our ment on the need for commercial driv- more and more regulations that are small businesses. er’s licenses for individuals who are making it more difficult for us to grow I think it is common sense. If we are driving off-road farm equipment such our businesses and to create jobs. serious about job creation, if we are se- as tractors. Well, where I come from, Maybe that is a function of the fact rious about economic growth, getting that is a pretty important part of our that we have a government that has the economy back on track, this is the economy. You have a lot of young peo- gotten too big and out of control. If very type of legislation we ought to be ple working in farm operations, a lot of you look at government today relative supporting. Too often around here we people, period, who are out there who to historical standards, we are looking end up off on these tangents, working grow up learning or knowing how to at government, as a percentage of our on things that do not have an impact drive tractors, how to handle farm entire economy today, of being some- on job creation. I will say that one of equipment, and this particular require- where in the 24- to 25-percent range. I the things we should be working on— ment would force them to get a com- mentioned earlier this morning in and that we are not—it has now been mercial driver’s license. some remarks on the floor that back in 771 days since Congress passed a budg- I mean, some of this stuff, as I said, the year 1800, the government was ac- et. Think about that: $3.8 trillion, $3.7 falls into the category of ‘‘you can’t tually 2 percent of our entire economy. trillion, $3.8 trillion in annual spend- make these kinds of things up.’’ For our entire economic output at that ing, and it has been 771 days now since The EPA recently threatened ranch- time, 2 percent represented what we Congress passed a budget. ers in the Flint Hills region of Kansas spent on the Federal Government. It strikes me, at least, that if we are to stop or limit the controlled burn of Today we are spending one-quarter— serious about getting our fiscal house their prairie pastures, which is a prac- one-quarter—of every dollar of our en- in order and sending signals to the tice that allows for the new growth of

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grass to feed cattle, or to be faced with ator LIEBERMAN is developing a com- izing a bill that nobody can show the EPA-mandated regulations. prehensive bill on reg reform? Is the statistics that it is, in fact, effective. It The list goes on and on. Senator aware of those other bills? is not just that we are reauthorizing It strikes me again that when you Mr. THUNE. Well, I would say this bill, we have 79 other programs. have as many of these studies that are through the Chair that there may be Ask yourself a question. We are $14 out there, and a lot of data supports many efforts, as there typically are trillion in debt. We are nearly bank- these arguments, we ought to be re- here in the Senate, to address some of rupt. We are running a $1.5 trillion def- sponding in a way that recognizes that the issues, and a lot of our Members icit. And we have a bill on the floor to science, data, and input from people have different ideas about how best to spend $500 million, and we do not know who are impacted by these regulations do that. I happen to believe the pro- whether it works. We claim, ought to have more of an influence on posal put forward by the Senator from anecdotally, we see positive things the regulations that are imposed by Maine is, as I said, a very reasonable, every now and then. Well, you know, these agencies. What this does is it commonsense approach to this. there are positive outcomes to illness simply puts in place a way in which The Regulatory Flexibility Act is too. But the fact is, we do not know small businesses can get access to that something that is in need of some revi- what we are doing. kind of a review. sions, particularly in light of the fact What the Congress ought to be doing I hope my colleagues in the Senate that we have so many regulations com- is saying: If, in fact, it is a role for the will support the Snowe-Coburn amend- ing out of these agencies that are so Federal Government to have economic ment and move us in a direction where costly, so difficult, and so burdensome development activities, then we ought we are dealing fundamentally with the for small businesses in this country. I to center it in 1 area, and we ought to issues that are important to our econ- think we ought to be, at every oppor- have 1 or 2 programs, not 80 with 80 omy right now because, for all of the tunity, looking for ways to lessen the sets of administrators, 80 sets of com- rhetoric, as I said earlier, about want- cost and the difficulty for our small missions, and $6.6 billion a year, with ing to grow the economy and create businesses to create jobs. half of it not accomplishing any pur- jobs, it seems as though every policy Ms. LANDRIEU. Through the Chair, I pose for the American people other coming out of Washington, DC, is con- understand Senator COBURN, under the than make the Senators and Congress- trary to that objective, whether that is UC, has the next 15 minutes. But, men feel good because they think they tax policy, trade policy, energy policy, through the Chair, I would end my may have done something. but perhaps more important now than question by saying that I think the So the whole idea that we would put ever, regulatory action coming out of Senator is right. There are some regu- forward a bill that has never truly been the executive branch of the govern- lations that are coming fairly fast and oversighted in terms of the way every- ment and running amok by creating all furiously. But I think the Senator body else would oversight the way they kinds of roadblocks and hurdles and would also understand that the normal spend their money to see if it is effec- impediments to job creation in this process is reviewing the bills at the tive in the whole, not anecdotal evi- country. committee level, comparing and con- dence of one company or one benefit— Again, when you are at 9.1 percent trasting, and then bringing the best ap- put it all together, and if we have a unemployment, when you have as proach to the floor. And that is what role, let’s put together a program that many people out of work as we have some of us are objecting to. It is not will work, No. 1; No. 2, that has metrics and who have been out of work for as the goal of reducing regulations; it is on it so we can measures whether it is long as they have, you would think the process. effective when we are actually bor- that, first and foremost, we would be Thank you. rowing the money to do this. By the looking at policies that make it easier The PRESIDING OFFICER (Mr. way, if we actually pass this bill and and less expensive to create jobs in this BLUMENTHAL). The Senator from Okla- $500 million gets spent, we are going to country. And what is happening is we homa. borrow $200 million from the inter- are making it more difficult and more Mr. COBURN. Mr. President, I have national financial community to do it. expensive to create jobs by these exces- listened to this debate all morning, as When we know one-third of it is wast- sive, overreaching, runaway regula- an original cosponsor with Senator ed, that just does not make any sense. tions that are coming out of Federal SNOWE on her bill. I wish to talk about So the whole idea of Congress passing agencies every single day. the EDA first, and then I will talk this EDA bill, in light of not doing It is hands down the thing I hear about what most of us do not realize oversight on the other 79 economic de- more than anything else from people in because most of us have not taken the velopment programs under the other 4 my State of South Dakota. As I said, time to look. agencies, is the definition of insanity. whether that is the Farm Bureau or a There are 80 economic development We don’t know what we are doing. livestock group or a small business or- programs in the Federal Government Now, let’s talk about regulation for a ganization, right now government reg- through 4 agencies that spend $6.6 bil- minute. There is well over $2 trillion in ulation is the thing they state most lion a year. Not one of them has a met- the United States sitting in small, me- often as the biggest impediment to ric on it to see if it is successful. dium, and large businesses right now them going out there and creating jobs. We have heard all morning about that is not invested for jobs. Why is So this is a very commonsense $3,000 per job. That is all self-reported that? Why are people afraid to go out amendment. It is something our small stuff. No oversight on it. No committee and invest and get a return on capital? businesses are all supporting. We saw oversight on it. No hard work to see— It is because they do not see any clar- the list of small business organizations there is not a metric on one of these ity in the future. The administration the Senator from Maine put up earlier. programs to see if it is working. Now we have today has issued 40 percent This is something this Senate ought to we have a bill on the floor to spend an- more regulations—40 percent more reg- act on and act on today. I hope we will other $500 million a year on something ulations—than any administration in get a strong affirmative vote. we have no idea what—we have anec- history in the first 2 years. One of the I yield the floor. dotal evidence, but what does the OIG reasons people do not have confidence The PRESIDING OFFICER. The Sen- say? The OIG says, first of all, this pro- is they cannot handle the regulatory ator from Louisiana. gram has been used as a congressional framework that is coming at them so Ms. LANDRIEU. Would the Senator slush fund to direct money to friends of fast. yield for a question? Is the Senator Members of Congress. That is what The other thing I have observed is aware that there are at least four other they say. Fully one-third of the that when regulations are written, bills—Senator VITTER, Senator ROB- projects never come to completion. So they are oftentimes written without ERTS, Senator COLLINS, and Senator the money that was spent on it ends up people with the real knowledge of what PORTMAN—and, in addition, that Sen- being totally wasted. We are reauthor- they are writing the regulations for.

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So Big Brother is why we have so much regulation, be- ulation rather than a lawyer write a has to tell you every time, every loca- cause they don’t want to be criticized. regulation for it? tion, at every situation what you can You can’t walk through life without A great example is that one of the do. being criticized. Nobody is perfect. No good things about the new health care The thing that has changed in my action is perfect. So let’s hold them ac- bill was going to be where we combine adult lifetime is when I was a medical countable and help them be better. things into accountable care organiza- device manufacturer in the seventies, Let’s be uplifters to them and put some tions, where we end up putting hos- the presumption was on the govern- tools there that will enable us to have pitals and doctors and physical thera- ment to prove that I was doing some- a good regulatory framework that ac- pists and mental health workers all to- thing wrong. tually accomplishes the purpose of the gether, and then we work as a team so With our regulatory framework now, regulations but doesn’t destroy what we can cut the costs and not have du- the presumption is on you, the Amer- small amount of manufacturing busi- plication and get better outcomes. The ican citizen, to prove you didn’t do ness we have left. regulations on that were 220 pages something wrong. That is why this With that, I yield the floor. long, with 65 things you have to do overregulation, this attendance to de- The PRESIDING OFFICER. The Sen- every day on every patient to report tail matters to nothing, except a gnat ator from Louisiana is recognized. back to the Federal Government. Well, on the top of a pin. It is out there and Ms. LANDRIEU. Mr. President, I un- that is just idiotic. It is asinine. Yet is so costly, in terms of the cost of derstand our side has about 50 minutes that is the regulation that came out on compliance, it makes no difference in left in this debate on the Snowe what I view as one of the few positive terms of somebody’s outcome. But, amendment and we will vote at 2:15. I things about the affordable care act. mainly, it is costing us jobs. It is cost- will speak for the next 15 or 20 min- The Senator from Maine outlined the ing us the very thing that built this utes. There is nobody else on the floor cost of business regulation to small country—the premise that you can put on our side. I will continue to try to businesses and large businesses. It is together an idea and build on that idea answer some of the issues raised in the $1.7 trillion a year; that is, fully 12 per- with hard work and minimal capital last few minutes about this particular cent of our GDP is the cost of regula- and make it a success. amendment. tions that are coming from the Federal The thing that is blocking that is the First of all, I have a great deal of re- Government. regulation coming from the Federal spect for the Senator from Oklahoma, All this bill says is—it is a way to Government. This is a straightforward and nobody has worked harder on try- force the administration and the agen- bill. Let’s hold the bureaucrats ac- ing to bring more efficiency to the Fed- cy—it does not matter if it is a Repub- countable. If they will not be held ac- eral Government. He has spent hours lican or Democratic administration. countable, you will have a way to hold and hours and hours in meetings, offi- They are both the same. It does not them accountable. cial meetings, informal meetings, on have anything to do with what party is I don’t get it. I don’t get why any- budgets, efficiencies, and regulations. I in power in the administration, but to body would object to this because it is have a great deal of respect for the hold the agencies accountable, that not stopping regulation; it is saying Senator from Oklahoma personally. they will look at the impact of the reg- you have to figure out whether it is But I do take offense at some of the— ulations they write so they are not prudent. If you are not following the not just the suggestions but accusa- counterproductive to our country. Regulatory Flexibility Act, then we tions and specific attacks made on the We are at a time period where we are are going to make you do it because, floor against the government. Two or at great risk as a nation—great risk— we will give you a basis in a court of three were issued in the speech he just because we are so overly exposed on law to be able to do that. gave—statements like this: ‘‘The bu- our debt and our deficit. For every 1 What is wrong with that? Nobody has reaucracy never takes risks.’’ percent increase of interest rates that addressed what is wrong with that. I wish to ask him, what bureaucracy we are going to see next year, it is They have just said, no, we don’t like did he think supported the elimination going to cost us, the taxpayers of it, we don’t want it. So we are going to of Osama bin Laden? Does the Senator America, $150 billion additional. And do everything we can to make sure an from Oklahoma believe there were no there is no question we are going to see amendment, which will fix the prob- risks taken by this bureaucracy that interest rates rise in this country. So lems in this country and start creating he so routinely wants to degrade—to we do not create the confidence of the jobs, and will actually move money no good end? I would ask him, if he small and medium businesses to go out into investment to create new opportu- were still on the floor, were no risks and build that next production line or nities for jobs for Americans, when we taken by anyone when they launched build a way to produce this next new have 17 million Americans who want to the strike against Osama bin Laden idea, because what they are seeing is so work but can’t, we are going to defeat that eventually killed him? much blowback from an unaccount- it. We are so disconnected with what is Would the Senator from Oklahoma able, misdirected Federal Government. important in this country, and it is so suggest we have no regulations on Wall So what Senator SNOWE wants to do frustrating. I am surprised I still have Street; that we should trust the big is totally connected with common hair on my head. international bankers of the world to sense. But you know what, we don’t Senator SNOWE knows more about do what is right every day for the peo- want to do that. We don’t want to do small business in this Senate than any ple of Oklahoma? I know the people on that. And the excuse is that we have other Senator. She has worked on it for Wall Street wake up every morning not been through committee. Well, let years. She knows the problem. She has and think to themselves while they are me tell you, one-third of the bills that offered a solution that is common eating breakfast: What can I do today come to the floor of the Senate have sense, that will work, that won’t cost a to help the people in Oklahoma or in never been through the committee, and lot of money, but will rein in the bu- Louisiana? now we are saying an amendment has reaucracy when they do the wrong Of course, that is absurd. There is a to come through the committee. It is thing or they don’t follow the law. place for appropriate regulation, and ludicrous. It is also false. It is that we For us to say, no, we are not going to bureaucracies aren’t always bad. When really don’t trust the American people. do it because there may be a small George Washington led the creation of

VerDate Mar 15 2010 12:22 Jul 11, 2014 Jkt 099102 PO 00000 Frm 00018 Fmt 0686 Sfmt 0634 E:\BR11\S09JN1.000 S09JN1 wreier-aviles on DSK5TPTVN1PROD with BOUND RECORD 8900 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 6 June 9, 2011 this country, he most certainly had in paigns, and Republican rhetoric about Maybe the Senator from Oklahoma is his mind a government that worked for the election. That is what I object to. correct that some of these moneys the people, by the people. If this were about regulatory reform were earmarked. But we don’t allow Let’s fix the government. Let’s not and finding a solution, the five Sen- earmarks anymore. So this program is tear it down by statements that have ators who have bills, and other Sen- going to go on without earmarks di- no basis in fact, that do not uplift peo- ators—Senator MCCASKILL, for one, rected by Members. It is going to be ple, do not encourage people. They who is here today, is developing a bill, done on a regional basis, and these pro- numb people. They make people angry. and Senator CARPER, who has spent grams have been—at least in Louisi- They make people think there is no years on this subject and is quite the ana’s experience—quite effective. Lou- hope, when there is. There are thou- expert—they would all come before the isiana Tech, one of my universities, re- sands of people who put on a uniform Homeland Security Committee, on ceived a $2 million EDA grant. I will every day and go to work for this coun- which I have the privilege of serving, submit this for the RECORD: Our ongo- try. They are mothers, fathers, grand- and in a short amount of time—just a ing partnership with EDA has greatly parents, aunts, and uncles. They work few weeks—figure out something the enhanced the university’s overall eco- hard and they do not deserve the dis- majority could support. nomic development efforts. We are cre- paraging remarks that come too often This is not about fixing the problem. ating the EDA University Center. from the other side of the aisle. This is about bumper stickers for elec- This is from the mayors of both cit- If you don’t like government—you tions, and I am very tired of it. I am ies. You know, I do trust my local have made it plain—then fix it. One of not the only one. As chair of the Small elected officials. I do trust the people I the ways to fix it is to take a bill—and Business Committee, I can promise you represent. When they say a program that our committee, with Senator this is not an amendment that Senator works, I like to believe them. SNOWE has, it is a bill. I have seen it. SNOWE as ranking member, has worked There is a list of projects and recent every day very hard through this reces- She asked me to cosponsor it, and I investments in Louisiana—$1.2 million sion to put forward bills on this floor have declined. It is a bill—a major to Tulane University. that could help create jobs, bring re- bill—that has jurisdiction that will Can I tell you one thing about Tulane lief. In fact, regarding one of the most find its jurisdiction not in one com- University, since it was damaged sig- burdensome regulations that the busi- mittee—the Small Business Com- nificantly after Hurricane Katrina? We ness community was screaming about, mittee—but in five committees that have over 45,000 applicants to this our committee was very aggressive in have jurisdiction over the aspects of school. Why do people want to come to helping to eliminate that. That was Senator SNOWE’s bill. One of the rea- Tulane? They want to come because sons we should not vote favorably is section 1099, which would have required not only is it a great school, but it is not because we are not for regulatory every business to report to the IRS any in a great city that is rebuilding itself. reform but because this bill has rami- purchase they made for goods over $600. An EDA grant—that some people wish fications that go far beyond the Small It would have brought many businesses to eliminate—is helping to rebuild our Business Committee, which I chair, and to their knees, buried in paperwork. city. So $1.2 million to Tulane Univer- five or six other committees need to Did our committee sit around and sity. It is a microloan program. look at the provisions in her bill. That twiddle its thumb? No. We worked I believe the people at Tulane Uni- is one reason we have asked to go hard. We had, I think, the only hearing versity. I have a great respect for Scott through the committee process. in Congress on 1099, and we repealed it. No. 2, there are, at least to my It took us a while to find the right off- Cowen and their board. Everywhere I knowledge, four other bills that at- set. The minute the business groups travel around the United States as a tempt to fix this overregulatory reach brought it to our attention, we said we Senator I could not be more proud when people come up to me and com- which, I agree with Senator THUNE, made a mistake and it will take us a ment what a great university Tulane with Senator COBURN, and I agree with while to find the $20 billion to offset it, Senator SNOWE, needs to be tapped but we will look at it before it goes is. I don’t need somebody in Wash- down and harnessed—not eliminated— into effect and repeal it. We did that. ington telling me how good this pro- and made less onerous for all business, When Republicans say Democrats gram is. I have the people I represent not just small business. There are at don’t care about regulatory burdens, I at home telling me. least four other bills I know of that are find that offensive. It is not helpful. We have $75,000 given to the down- attempting to do that. One is by Sen- This bill is not on the floor on regu- town development district which was ator VITTER, one by Senator ROBERTS, latory relief. This bill is on a small but underwater after Katrina for the Idea one by Senator COLLINS, and one by effective economic development pro- Village. You know where the Idea Vil- Senator PORTMAN. I have not had the gram that has worked beautifully in lage was recently advertised? Maybe on opportunity to review in detail all of my State. Contrary to what the Sen- the front page of Enterprise Magazine; these other bills, but I am sure they ator from Oklahoma and others have maybe in Time magazine. This Idea have some very excellent points to said, this program—in Louisiana, as far Village is one of the best ideas in the them. as Louisiana is concerned—actually whole country. You know who funded The committee process allows a works. One of the reasons it works so it? The program Senator BOXER is try- chairman such as Senator LIEBERMAN, well is because many of the decisions ing to reauthorize. who is not here today, whose com- about the grants are not done in Wash- We have $400,000 for a startup fund mittee would have primary jurisdiction ington but at the regional level. Our of- for the creation and development of over this, to bring all five bills before fice happens to be in Austin, TX. When stimulus funds to support fledgling en- his committee, hear the best aspects of the Chamber of Commerce comes to terprises in the greater New Orleans re- each, potentially combine them into a visit me—and they are not always huge gion. Our seafood industry went com- bill, and bring them to the floor. Do supporters of the Democratic caucus— pletely—no pun intended—underwater you know what. Senator LIEBERMAN, I they say to me: Senator, one of the after the BP oilspill. This agency stood know, has offered to do that in his best programs that our members like up, when no one else would—BP committee. That bill could potentially and feel the Federal Government does a wouldn’t give them a penny, Ken come out of committee—potentially very good job with is the EDA grants, Feinberg wouldn’t give them any with Senator SNOWE as lead author, because they are not that bureaucratic. money—and gave them $350,000 to keep with other cosponsors—a bill that both They make quick decisions and help us their head above water—the Seafood Democrats and Republicans can agree fill gap financing in programs that Promotion Board. That is why, in large to, which could give relief to reg re- make a meaningful difference to people measure, people are eating gulf coast form. in our communities. I didn’t raise this shrimp today. This is not about finding a solution. subject to the Chamber of Commerce; So I don’t know what report Senator This is about public relations, cam- they raised this subject to me. COBURN is looking at, but the May 19

VerDate Mar 15 2010 12:22 Jul 11, 2014 Jkt 099102 PO 00000 Frm 00019 Fmt 0686 Sfmt 0634 E:\BR11\S09JN1.000 S09JN1 wreier-aviles on DSK5TPTVN1PROD with BOUND RECORD June 9, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 6 8901 GAO report states they have not con- There is only one U.S. Senate. I sug- It is interesting that when the GAO cluded that duplication exists among gest we start acting like the U.S. Sen- put out this last report on duplication, programs, and plans to address these ate and stop acting like a bumper they are right, they didn’t say in these issues in their future work on overlap sticker operation. particular programs. But I put out a and duplication. I yield the floor. report 9 months before that detailed I don’t know if the Senator has asked The PRESIDING OFFICER. The Sen- the duplication in these programs, and his Chamber of Commerce from Okla- ator from Oklahoma. it was published, so you can find the homa, but I am going back to my office Mr. COBURN. Mr. President, I want duplication. and I am going to call them myself, be- to make a couple of comments. I said The important point is we are stran- cause I wish to find out. Maybe their in my earlier comments there are some gling business and job development— program works differently in Okla- good things about the EDA. But the small and medium. The big guys can homa than it works in Louisiana. But fact is, they are all self-reported. There take all this regulation, and they are when I call my people at home—and is no data. There are no methods. Any already staffed up. The small- and me- they will tell me: Senator, some of time you send money to the State of dium-sized businesses can’t. We have to these programs aren’t worth a hill of Oklahoma, I guarantee you the people give them a way to force common sense beans and you should eliminate them; who are going to get the money are onto the bureaucracy. That is all this these programs are too difficult. I have going to like it. But there isn’t one does. Everybody hears it from all of that all the time about some programs. metric, one set of metrics that meas- their constituents, that regulation is Not all the time, but some programs. ures the effectiveness of the money killing business formation and job cre- This isn’t one of them. that has been spent through EDA in ation. Why would we not want to put in The reason I am a little exercised is terms of job creation. Fully one-third some balance? I don’t understand it. because this is like deja vu. I came to of the dollars don’t get through to The real problem with the regulatory this floor 4 weeks ago to try to get a completion over the history of the pro- agencies is us, because we won’t over- similar program in size—a $1.2 billion gram. sight them. There was no oversight The very idea we would defend the program that has worked so well. Sen- hearing on the EDA. Nobody ever bureaucracy—the bureaucracy didn’t ator Warren Rudman had created it. It asked the question: Where are the help us on 9/11 because they were is a great program. It is the country’s metrics? We hear all this anecdotal stovepiped and they didn’t commu- best venture capital program for all evidence about how great it is when we nicate. The bureaucracy failed to en- small business. It makes money. It give money to the States that they can sure the safety of the levees in New Or- doesn’t lose money. We got the same do things, but where are the numbers leans—this same bureaucracy that thing done to us by the other side of that show the job creation for every this aisle that says we don’t care about doesn’t need to be controlled. The bu- reaucracy didn’t protect us from the fi- thousand dollars that gets spent? It is small business over here because we self-reported, but there is nothing that have to talk about X, Y, and Z. nancial crisis of 2008 because we didn’t looks at it that says statistically here So this is the second time for one of do the oversight. The bureaucracy is the proof. our chairmen. I was the first, and now didn’t protect the gulf from the Deep- If the EDA is the best way to create Senator BOXER is trying to bring to the water Horizon. We had a bureaucracy jobs in this country, I am all for it. But floor a program that is not that com- that was supposed to be in charge of I want to see some data that says that plicated. It is a little program but it that, but they didn’t do their job. right now. We have job training pro- has big bang for the buck. It gets rave The SBIR—you had my full support reviews from the people in my State— on SBIR; the Senator from Louisiana grams, 47 of them in this country, and Republicans mainly but Democrats as knows that. She had my support on we spend $18 billion a year on them. We well—and we can’t seem to get this that because that is one of the proven have 104 science, technology, engineer- program approved until we take bills programs inside the SBA that actually ing, and math programs across nine that Members want to put on this bill has metrics on it that works. So the different agencies we are spending $16 that have nothing to do with it and debate is whether we hold back the reg- billion on a year. We have no data on that haven’t gone through committee. ulatory framework. any of those programs anywhere, but I am going to be voting against Sen- I find it ironic that you agree with us we have it out there. We have no idea ator SNOWE’s bill. But to make clear, I in principle but won’t vote with us on what we are doing because we won’t support Senator SNOWE’s efforts to re- this amendment because it didn’t go ask the hard questions and we won’t duce regulation. My people in Lou- through a committee. It is amazing. study it. Nobody would have 104 isiana are screaming about this. I have Ms. LANDRIEU. Will the Senator science, technology, engineering, and tried to communicate this to the ad- yield for a question? math programs. We have 64 programs— ministration in many ways, whether it Mr. COBURN. I want to finish my and 20-some of them are outside the is EPA or the Corps of Engineers, or points and then leave the floor because Department of Education—to improve the more recent one coming out of one I have something else I have to do. teacher training quality. agency that wants all my oilfield work- It is amazing the negative effects we The reason we are in trouble is be- ers to put on HAZMAT suits to go to all are hearing from all across the cause we haven’t done our job on over- work. If you put on a HAZMAT suit in country. Every Senator is hearing how sight. So anyone can claim anecdotal Louisiana when it is 100 degrees, you regulation is drowning out opportunity evidence that something is good, but won’t get to the oil rig because you for investment that creates jobs in this you should know that when we spend will faint before you get there. country. Every program has some posi- $1,000 of the taxpayers’ money—money I am not unaware—I want the Sen- tive aspects to it. The question isn’t we don’t have today because we are ator from Oklahoma to understand—of whether they have positive aspects, it borrowing it from China—we ought to some ridiculous rules and regulations is what is our priority now that we are be certain that it is actually going to that come flying out of some of our bankrupted. Where should we be spend- create something because our kids are agencies. But the way to fix them is ing the money so we get the best bang paying the bill. The next generation is not to bring a bill to the floor that has for the buck. How do we pull back the going to pay the bill, and they will pay not had a hearing when six different regulatory framework so that it is that bill through a markedly lower committees have jurisdiction, when common-sense oriented rather than bu- standard of living. Senator LIEBERMAN, who has the lead reaucratic oriented? That is what Sen- With that, I yield the floor. jurisdiction as chair of Homeland Secu- ator SNOWE is trying to do and to give The PRESIDING OFFICER. The Sen- rity has indicated a complete willing- some type of power to the very people ator from Maine. ness to take this on. who are being regulated. Because we Ms. SNOWE. Mr. President, how There are enough bumper sticker certainly won’t do the oversight. We much time remains on the Republican printing operations in America today. haven’t done the oversight. side?

VerDate Mar 15 2010 12:22 Jul 11, 2014 Jkt 099102 PO 00000 Frm 00020 Fmt 0686 Sfmt 0634 E:\BR11\S09JN1.000 S09JN1 wreier-aviles on DSK5TPTVN1PROD with BOUND RECORD 8902 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 6 June 9, 2011 The PRESIDING OFFICER. Thirteen We heard here today that sometimes State of Illinois, we are going to take minutes. bureaucracy is good. Well, bureauc- in about $27 billion in revenue, spend- Ms. SNOWE. Thirteen minutes. racies, by definition, and I read, mean ing $33 billion, for a $5.8 billion gap. Thank you, Mr. President. ‘‘excessive multiplication of, and con- This is for a State whose credit rating I want to make a few points. It is centration of power in administrative is deteriorating quite rapidly, having about solving problems. That is what bureaus or administrators’’ Absolutely. not funded its pensions to a greater de- this is all about. It truly amazes me They are unelected. We are elected. We gree than almost any other State, the that we have an amendment here on understand the problems. Even the unfunded liability of the State of Illi- regulatory reform that everybody President—let’s read this headline, nois of $62 billion for a per-citizen debt agrees with in principle and everything ‘‘Obama to scale back regulations in an on top of the Federal debt of $4,800. else, that goes to the heart of the effort to spur economic growth.’’ When we look at our State and its issues concerning the economic well- What is interesting about all this— economic growth, the State of Illinois being of small business and, hence, nobody is accusing the President of is at just 1.9 percent growth. Other America’s well-being in these desperate decimating the environment or work- States, Wisconsin, even with its highly times, yet we can’t manage to get it place or health care. Understanding controversial Governor now rapidly im- together and to work on these issues. that, 6 days after I was denied a vote proving its business climate at 2.5 per- I made a number of good-faith on this very amendment where I made cent; the State rated No. 1 for creating changes in my legislation, and I would five different adjustments to respond jobs in America, 2.8 percent, and the have done more if I had heard any re- to the other side, you have the Presi- State that is on fire, the State of Indi- sponse from the other side to working dent’s Economic Competitiveness ana at 4.6 percent. This is clearly a those out. I made five major changes to Council coming out with four major sign that things are going well in Indi- the proposition back in April to re- priorities, one of which is a need to im- ana, things are going well in China, spond to this. But there is no response. prove the regulatory process because things are even going better in Libya Then I hear about these hearings. Can there are decades of overlapping and than in the United States, and it shows somebody please tell me where it is in uncoordinated regulations. that we need to change course for our the rules of the Senate that every Even by the administration’s esti- country economically, to back the amendment has to have a hearing? mate, this White House’s own estimate, amendment of the Senator that she has We had a major vote yesterday on that regulations last decade cost any- here, and to make sure we can lay out interchange for the second time. That where from $44 to $62 billion, last better, more pro-productive policies year’s alone with a $26 billion. This is is important to small business. But like the small business bill of rights a serious issue. even the committee of jurisdiction that represents 10 new policies to ac- didn’t have a hearing. So this is, Can we work it out? Can we do it? Do we have the capacity to work on issues celerate economic growth. again—as I describe it—the politics of On behalf of that entity, which rep- anymore, thoroughly and delibera- obfuscation. Let’s get to the heart of resents half of all the jobs in the the matter and solve the problems for tively? It has been almost 2 months and we have not gotten any further. We United States, and my own State— America. It isn’t about who authors it haven’t even had a hearing. Some- these are private sector jobs. They are and who is doing it. Let’s do it. That is where, somebody has bills. Great. sustainable. They do not depend on a the point: We are not doing it. We are Bring them up. Let’s debate them. failed stimulus which is now running just sitting here talking, recessing, Let’s compare them. Let’s do some- out of gas—given the records, I think going home today, going to do some- thing. Let’s do something for small we can see it is clear we ought to go thing else, going to have recesses. business. They desperately need it. back to economic fundamentals to cor- We have five committees that have Now I will be glad to yield to the Sen- rect the system and look clearly at the jurisdiction over this issue. We are ator from Illinois. state of economics where we are now. going to need a roadmap pretty soon. I The PRESIDING OFFICER. The Sen- With that, I yield to the Senator don’t want to go home and tell my con- ator from Illinois. from Maine and thank her for the time. stituents this is what happened on reg- Mr. KIRK. Mr. President, I would The PRESIDING OFFICER. Who ulatory reform. So let me get this like in this context to focus on the eco- yields time? The Senator from Maine. straight. Let me get this straight. We nomic policy, to look at where we are Ms. SNOWE. I now yield to the Sen- have five committees, there are a num- right now, the state of the economic ator from Massachusetts, Mr. BROWN. ber of bills, time is running out, people union and the State of Illinois. Ms. LANDRIEU. Mr. President, how have to leave, and we can’t have If we look at basic numbers we see we much time is remaining? enough time to debate this. will take in about $2.1 trillion in tax The PRESIDING OFFICER. The Sen- That is what I was told this morning. revenue, but our government is cur- ator from Maine has 4 minutes, and the All of a sudden I was given a call say- rently projected to spend $3.4 trillion remaining time for the Democratic ing: Sorry, you have to do it right now. in tax revenue, yielding a deficit of ap- side is 35 minutes. I said: Well, is the bill over? We just proximately $1.3 trillion. We will have The Senator from Maine. started. There are a number of pending to borrow from the American people, Ms. SNOWE. Mr. President, I ask amendments that haven’t even been from China, and other foreign powers. unanimous consent for additional time addressed yet. Let’s vote on those. This Total unfunded liabilities of the Fed- on the bill, since the vote is not going is an important issue. Let’s give this eral Government are $61 trillion, yield- to occur until 2:15, and that time be the equivalency of the interchange ing a debt of $196,000 per American, equally divided. amendment. Let’s do something that is currently. When we look at economic Ms. LANDRIEU. I object. important for small business. Abso- growth and the way to expand the The PRESIDING OFFICER. Objec- lutely not. available pie for the United States, our tion is heard. The Senator from Maine. This is about jobs at a very difficult economy last year grew at a 2.8-percent Ms. SNOWE. I yield the remainder of time in America. rate. China, on the other hand, grew at the time to Senator BROWN. It is re- Let me repeat, 40 months after the 10.3 percent, and Libya—currently grettable, since this is an important start of the four deepest postwar reces- under attack by NATO—grew at 4.2 issue, that we couldn’t have more time sions, our economic output averaged percent. In fact, quiz question: Which on this key issue. 7.6 percent. Here we are, our GDP has economy grew more last year, the The PRESIDING OFFICER. The Sen- only increased .1 percent. Those are United States or Iran? The answer: The ator from Massachusetts. terrible numbers. But behind those Iranian economy grew at a faster rate Mr. BROWN of Massachusetts. Mr. numbers are people and human beings than the United States. President, I want to begin by express- because it means we are not creating The situation probably is even more ing my support for what Senator jobs. bleak in the State of Illinois. For the SNOWE has been doing and for the EDA

VerDate Mar 15 2010 12:22 Jul 11, 2014 Jkt 099102 PO 00000 Frm 00021 Fmt 0686 Sfmt 0634 E:\BR11\S09JN1.000 S09JN1 wreier-aviles on DSK5TPTVN1PROD with BOUND RECORD June 9, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 6 8903 Reauthorization Act. I applaud the ing Congress of the inevitable threat to go through the committee of jurisdic- committee for producing a good, com- the ability of small businesses to sur- tion. You can understand in this topic, prehensive bill. These EDA grant pro- vive in this economic climate if we which is so broad—regulatory reform— grams provide vital resources, not only allow the continuation of this stealth it is regulatory reform in the Depart- for Massachusetts economic develop- tax. ment of Commerce and regulatory re- ment and its businesses, but also other The PRESIDING OFFICER. The time form in the Department of EPW, Envi- States throughout the country to help of the Senator has expired. ronmental and Public Works, regu- communities get back on their feet in Mr. BROWN of Massachusetts. I en- latory reform for the Department of this tough economic climate. For that courage colleagues to also adopt that Homeland Security, regulatory reform reason, the reauthorization of this bill amendment. in the Department of Defense. There is incredibly important, and I encour- The PRESIDING OFFICER. The Sen- are many committees of jurisdiction. age that it be done. ator from Louisiana. What everyone has agreed to is to I rise to speak about two amend- Ms. LANDRIEU. Mr. President, the have the hearing in the Homeland Se- ments to this bill that affect the sta- Senator from California was on the curity Committee, which has broad ju- bility of our small businesses. Senator Senate floor this morning, Mrs. BOXER, risdiction, and get the work done. Sen- SNOWE and Senator COBURN’s FREE- advocating passage of this bill and urg- ator LIEBERMAN is not here today be- DOM Act, to reform the small business ing colleagues to vote against the cause he is on Jewish holiday. He has regulatory system, is one that I have Snowe amendment. I am here to sup- said time and time again he will have consistently supported because it is a port that position. this hearing in the committee and that commonsense solution. When I am I would like to respond briefly to is the appropriate place so we can come traveling around my State, no matter Senator COBURN’s last couple of state- forward with a bill on regulatory relief. where I go and no matter with whom I ments about where the bureaucracy There are a couple of reasons why speak, from CEOs all the way down to failed. He didn’t have to remind me, of this particular approach is flawed. I the worker who is just doing the every- course, the bureaucracy failed to re- would like to read the comments from day work, one thing I hear over and spond to Katrina and Rita, the largest the administration. I would like to over is a plea to get rid of the one-size- disasters by far in the history of the read three specific reasons why this fits-all Federal regulations that are country. But we have spent 6 years fix- particular FREEDOM Act is not in the limiting businesses. ing that bureaucracy, not printing proper position it should be. But the Businesses need certainty and sta- bumper stickers for reelection cam- way to fix it is not debating on the bility in order to create an economic paigns. You know what. It has worked floor of the Senate on a bill that is not climate for jobs not only to be created because our efforts to fix the bureauc- really germane to the bill that we are but to be retained, not only in Massa- racy have helped the people of Missouri debating, that we are trying to pass. It chusetts but throughout the country. and Arkansas and Tennessee and Mon- is to have this kind of debate in com- This amendment would require that tana and Indiana who are currently ex- mittee so we can work out these de- Federal agencies conduct comprehen- periencing terrible disasters as we tails. Senator SNOWE has shown herself sive analysis on the potential impact of speak. to be in the past, and still today, will- regulations on small businesses. It has The bureaucracy that showed up at ing to work in a very cooperative man- the support of the NFIB and the U.S. the Superdome is a lot better today in ner, and the place to do this is in com- Chamber of Commerce. Simply put, many ways—it is better today than the mittee. burdensome regulations are hurting bureaucracy that showed up at the Su- No. 1: The bill as currently drafted would our small businesses and job creators perdome. That is because we had hun- allow judicial review before the completion and are preventing them from growing dreds of hours of committee meetings, of rulemaking. That provision in the Free- and hiring. It is a shame this amend- where this hard work is done, to bring dom Act would undermine regulatory cer- ment got caught up in partisan vol- significant and important bills and tainty, making it harder for businesses— leying in the SBIR reauthorization. I changes that take debate, not on the not easier, harder— am happy to have an opportunity to Senate floor but take debate in the for businesses to plan for the future and speak about it today. work of the committee. When you are compete in the marketplace. It would also I also want to turn the Senate’s at- working on major pieces of legislation invite excessively costly and unwieldy litiga- tention to amendment No. 405 to repeal that have major impacts, that is where tion. the 3 percent withholding tax, a malig- it is done. We don’t want to have more lawsuits. nant and business-threatening provi- Besides the FREEDOM Act that is on We want to have less lawsuits. That is sion. It is based on S. 164, the With- the floor today, there is the Regulatory one of the problems small businesses holding Tax Relief Act, which enjoys Responsibility For Our Economy Act, are facing today—lawsuit after lawsuit bipartisan support and is critically sponsored by Senator ROBERTS with 46 after lawsuit. The last thing we want needed now. Senator SNOWE is a co- cosponsors. I am assuming—I don’t to do is encourage more of them. Many sponsor, as well as 14 of my colleagues. have the list, but I am assuming they people have reviewed the technical We need to repeal once and for all are Democratic and Republican cospon- writing of the bill in its current form this onerous and costly unfunded man- sors. That is a major regulatory relief and believe it will result in more law- date. This is a jobs amendment, plain bill. suits, not less. We wish to fix that in and simple. It would repeal a part of There is a bill by Senator COLLINS committee. our Tax Code that promises to kill called the CURB Act, Clearing Unnec- The amendment would make it harder, not jobs. essary Regulatory Burdens. The CURB easier, to see the actual cost of regulation, As you know, Mr. President, we have Act has two cosponsors. by expanding the Regulatory Flexibilities had many comments about how this Then there is a smaller bill by Sen- Act definition to include indirect effects. bill would, in fact, cost potentially as ator PORTMAN that has no cosponsors, I can understand why she wants to do high as $75 billion to actually imple- but he is the lead sponsor. That looks it, but in interpreting the language as ment. The moneys received back to the to me like it is a smaller bill and has the Senator has written it, this legisla- Federal Government would be about $8 limited scope but nonetheless on regu- tion would likely undermine any reli- billion over that same period. It is ab- latory reform. able and meaningful economic analysis surd. Any program that costs more to There could be 12 other bills filed in of regulation, thereby distracting the implement than it brings in revenues the Senate—I don’t know—and hun- agencies from focusing on what the ac- should be repealed immediately. dreds of other bills filed in the House. tual impacts of the rules would be. Two months ago I received a letter Forget the House bills. When bills like Finally, the amendment inappropriately from the Massachusetts State sec- this are filed in the Senate, the usual links regulatory decisions to budget cuts. retary of finance, Jay Gonzalez, warn- route and the most effective route is to Decisions about regulation should be based

VerDate Mar 15 2010 12:22 Jul 11, 2014 Jkt 099102 PO 00000 Frm 00022 Fmt 0686 Sfmt 0634 E:\BR11\S09JN1.000 S09JN1 wreier-aviles on DSK5TPTVN1PROD with BOUND RECORD 8904 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 6 June 9, 2011 on sound economic science and not on the Can these be fixed? Yes. But this is drug program. No. 3, we bailed out Wall threat of budget cuts. not the place, on the Senate floor, Street. And No. 4, we gave huge tax This is a preliminary review of some when there are many other bills as breaks to the wealthiest people in this of the current problems. well. Senator SNOWE could remain the country. Then, as a result of the Wall Senator SNOWE is right, I guess. We main sponsor because she has put in Street-caused recession, revenue could stay on the floor for the next 2 or the most work. She has been a tireless dropped, and the result was that we 3 or 4 weeks and the other Senators advocate. She should get tremendous now have a very high deficit and a very who are not on the floor could agree to praise for bringing forth this issue and large national debt. But it is important come and debate their bills on the keeping the fires burning and pushing to remember how we got to where we floor, which is highly unusual. But why the Senate to this end, and that would are today. not just go to the Homeland Security be terrific. Many of us would join that It is also important when we talk Committee, have all of the sponsors of effort. But this is not the bill to do it about deficit reduction to take a look these major pieces of legislation on. This is not the place to do it. I at American society today in order to present their bills and have that com- would suggest that, again, taking this determine what is a fair way—a fair mittee work through these technical to the committee of jurisdiction, work- way—to address deficit reduction. difficulties? Because it is an important ing it out, bringing the administration When we look at American society issue. Many of us support regulatory forward so we can actually make some today, the trends are very clear. The reform. We know there are some bur- middle class is, in many ways, dis- real progress on curbing regulatory dens, particularly on small business. appearing as a result of stagnant or, in overreach by the Federal Government We want to get it fixed, so let’s fix it fact, lowered wages for millions and would be welcomed by all. instead of continuing to rail on this millions of American workers. Median I see the Senator from Vermont is subject on every bill that comes before family income over the last 10 years here on the floor. I am assuming he the Senate, whether or not it has any- has gone down by about $2,500. The thing to do with regulatory reform. wants to talk. How much time do we have remain- middle class is hurting. Many millions One thing I wish to point out to the of Americans, in fact, have left the Senator, and I point this out with the ing? The PRESIDING OFFICER. There is middle class and entered the ranks of greatest respect, about 6 months ago or the poor. Poverty is increasing. But at longer now, we were both on the floor 24 minutes remaining. Ms. LANDRIEU. I thank the Chair. the same time as the middle class is trying to pass the small business jobs shrinking and poverty is increasing, act, a very significant bill that would The PRESIDING OFFICER. The Sen- ator from Vermont. there is another reality we cannot ig- actually help to bolster this economy nore—or I am afraid many of my col- and help provide literally billions of Mr. SANDERS. I ask unanimous con- sent that the final 10 minutes be equal- leagues choose to ignore it—and that is dollars of loans to small businesses that the people on top are doing phe- that couldn’t get them anywhere. ly divided and controlled between Sen- ators SNOWE and BOXER, with Senator nomenally well. Over a recent 25-year Their credit card companies had raised period, 80 percent of all new income BOXER controlling the final 5 minutes. the rates so high or their banks had went to the top 1 percent. The top 1 shut down their lines of credit. Senator The PRESIDING OFFICER. Without objection, it is so ordered. percent now earns more income than SNOWE and I worked together to bring the bottom 50 percent. When we talk a bill to the floor—and we did, and Mr. SANDERS. Mr. President, I yield myself 10 minutes of majority time. about distribution of wealth, we have passed it, unfortunately, without the the top 400 Americans—the 400 wealthi- support of the other side of the aisle. The PRESIDING OFFICER. Without objection, it is so ordered. est Americans—owning more wealth But in that debate, the Senator from than the bottom 150 million Ameri- THE DEFICIT Maine said—because I included in that cans. bill, with a 60-vote margin—I got Sen- Mr. SANDERS. Mr. President, there That gap between the very rich and ator Voinovich and Senator LeMieux are a number of huge issues facing our everybody else is growing wider. It is to vote for the small business lending country. Our middle class is collapsing. important to discuss that issue about fund, which was a little unusual. She Poverty is increasing. We are in two what is happening to the middle class, said: wars. We are concerned about global to lower income people, and the grow- . . . not included in the overall. First and warming, the quality of our education, ing gap between the wealthy and every- foremost, it has not had a single hearing and massive unemployment. So this with respect to this issue, and in my view, it body else when we address the issue of country today has its share of serious deficit reduction. certainly does resurrect the controversial problems we have to address. TARP program . . . and because it hasn’t My Republican colleagues in the had a hearing, this should not pass. Right now, a whole lot of attention, House came up with an idea that I not inappropriately, is on our very Yet, within a year, she is back argu- think most people almost can’t even large deficit and a $14 trillion-plus na- ing against that argument—that her believe they would pass; it seems so in- tional debt. This is an issue which is bill, which hasn’t had any hearing in comprehensible. At a time when the the committee—should pass. perhaps going to come to a head over middle class is hurting and things are So there is some inconsistency here. the next few months as it becomes tied getting worse as a result of a recession, I say this with the greatest respect to to whether we raise the debt ceiling. I our Republican colleagues say, Well, the Senator from Maine. But if we wish to say a few words on this issue. what we want to do is move toward def- want to be serious about regulatory re- No. 1, when we talk about deficit re- icit reduction by making savage cuts form, we have to have this debate in duction, it is important for us to un- in Medicaid, in education, in infra- the committee of jurisdiction, which is derstand how we got to where we are structure, in nutrition, in virtually right now Homeland Security, and then today. How did it happen? How do we every program that low- and moderate- have the other chairmen of the com- have a $1.5 trillion deficit this year, income Americans depend upon. Fur- mittees try to cooperate with that and a $14 trillion-plus national debt? thermore, what we want to do in the committee and bring something to the Let’s remember that not so many years House—what they have done—is to end floor. We will be happy, many of us, to ago, at the end of President Clinton’s Medicare as we know it, convert it into vote for it. But doing this in this way tenure, this country had a significant a voucher program, giving seniors a is not helpful. It is not going to fix the budget surplus and the expectation was check for $8,000 and have them go out problem. It is only going to make the that surplus was going to grow in the and get a plan from a private insurance burden on small business worse. We years to come. company which clearly will be totally have to move past it. But then a number of things hap- inadequate for most seniors and end up I wish to refer my colleagues to the pened during the Bush years. No. 1, we raising their out-of-pocket expenses. floor remarks Senator SNOWE made on became engaged in two wars. No. 2, we Then when it comes to the wealthiest July 22, 2010. passed a Medicare Part D prescription people who are doing phenomenally

VerDate Mar 15 2010 12:22 Jul 11, 2014 Jkt 099102 PO 00000 Frm 00023 Fmt 0686 Sfmt 0634 E:\BR11\S09JN1.000 S09JN1 wreier-aviles on DSK5TPTVN1PROD with BOUND RECORD June 9, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 6 8905 well, not only do our Republican col- like to add my voice to those who have 1965. The purpose was very clear: to go leagues not ask the wealthiest people spoken in its support. into areas in our States where the com- or the largest corporations to pay one But first I would like to thank Sen- munities are hurting for jobs, where nickel more in taxes to help us with ator SNOWE for her dedication and hard the communities are hurting for busi- deficit reduction, they come up with work in support of the many small ness. It works in a way that every $1 this brilliant idea that we are going to business owners across her state and we put into the program attracts $7 of give $1 trillion in tax breaks over a 10- across the country who would benefit private investment. year period to the wealthiest people in from this legislation. I will show you the job creation on America. So the rich are getting rich- As we all know, America’s job cre- some of these charts that we see. At er, and they get tax breaks. The middle ators are suffocating under regulations the $500 million funding level that is class is shrinking, and what they are and redtape. authorized in the bill, the EDA is pro- asked to do is to assume huge cuts in The administration doesn’t seem to jected to create up to 200,000 jobs a programming which will impact them realize that all its interference has a year and over the life of the bill up to very strongly. human cost. 1 million jobs. It is done at a very low This is clearly the Robin Hood pro- Businesses want to create jobs and cost per job. Mr. President, $3,000 per posal in reverse. We are taking from help communities recover, but they job is what it costs the Federal tax- working families who are hurting and can’t. payers because of all the leverage that giving it to the wealthiest people who Whether it is new financial require- comes in as cities join in, counties join are doing phenomenally well. The Re- ments, health care mandates, energy in, and so on. publican plan is clearly absurd, and I mandates, onerous new fees, burden- I have a list of projects we can talk think most Americans understand some tax filing requirements, or about today. I have talked about a that. threats of higher taxes, businesses number of projects that have been The question is, What will the Presi- today are faced with so many new rules funded through the EDA over the dent do? What will the Democrats do? and requirements from Washington course of this debate in the last few It is my very strong hope Democrats that they can hardly see straight. days. I have talked about them in Cali- will be strong on this issue. The Presi- The Freedom Act says enough is fornia and Minnesota and I wish to add dent has to be strong on this issue. The enough. just a couple other recent projects President has to go out to the Amer- This regulatory reform amendment from across the country. ican people and win the support that is would help give small businesses much- In California, EDA awarded $3 mil- there for a deficit reduction package of needed relief from the Federal govern- lion to the Inland Valley Development shared sacrifice. We need to say very ment and its one-size-fits-all approach. Agency in a county that is going clearly to the American people: No, we Specifically, it would modernize the through some tough times, San are not going to move toward deficit Regulatory Flexibility Act to require Bernardino, to support the renovation reduction solely on the backs of the that from now on, Federal agencies of an existing building at the former most vulnerable people in this country. conduct a comprehensive and careful Norton Air Force Base. This project is No, we are not going to decimate Medi- analysis of the potential impacts—both going to help the conversion of that care so elderly people will not be able direct and indirect—of regulations on base into a commercial and light in- to get the health care they need when small businesses. It would make sure they are old and sick. No, we are not dustrial area, attracting new compa- that the voices of small business own- nies that are interested in locating going to throw millions and millions of ers are heard in government agencies people off of Medicaid and endanger there. that frankly don’t seem to be listening families who have their parents in This investment, funded by the De- to them. partment of Defense Office of Eco- nursing homes. We must have shared This amendment has broad support sacrifice. The wealthy and large cor- nomic Adjustment and administered by from the small business community. porations must be involved and con- EDA, is part of a $3.6 million project The U.S. Chamber of Commerce and that will create 100 jobs and generate tribute toward deficit reduction. the National Federation of Independent There is a lot of responsibility on the $20 million in private investment. Businesses have issued strong letters of President, but let me make it very So here you have a $3 million invest- support. clear. I, personally, as a member of the ment that is going to be leveraged to At a time when nearly 14 million Budget Committee and as a Senator $20 million. It is pretty extraordinary, Americans are looking for work, this is from Vermont, will not be supporting and this is the bill we are talking exactly the kind of legislation that any package that does not call for about. shared sacrifice. would help America’s job creators. In Florida, the EDA awarded nearly Mr. LEVIN. Mr. President I have sup- When I ask business owners what $4 million to construct a new waste- ported regulatory reform since before they want us to do to help them create water system for western Palm Beach my election to the Senate in 1978, to jobs, they usually have a simple five- County. The region suffered flooding in make regulations more sensible and ef- word response: get out of the way. That 2008 from Tropical Storms Hanna and ficient while protecting the public’s is what we are doing with this legisla- Fay, which caused environmental dam- health and well-being. The Snowe regu- tion. age. It closed local businesses. latory reform amendment would amend And the only people who could pos- The construction is going to support the Regulatory Flexibility Act, RFA, sibly oppose it are those who think the three city industrial parks and a gen- to require that Federal agencies con- needs of bureaucrats in Washington are eral aviation airport, as well as a sider all potential direct and ‘‘indirect more important than the needs of job major inland port and intermodal cen- economic impacts’’ of proposed regula- creators everywhere else. ter that are being developed. That in- tions. I will vote against this amend- I thank Senator SNOWE and Senator vestment is part of a $5.3 million ment because it is so broad and unde- COBURN for their strong advocacy on project that will create 240 jobs, save fined. Also, the Snowe amendment behalf of small businesses. 270 jobs, and generate $48 million in would give standing to seek judicial re- I intend to vote for this important private investment. view and seek injunction of a rule- amendment. I urge my colleagues to do So a $4 million investment attracting making while the rule is still in its the same. $48 million in private investment. draft form and still receiving public AMENDMENT NO. 390 In Idaho, we have a very good exam- comment. I am concerned that such a Mrs. BOXER. Mr. President, we are ple of a $4.4 million grant to the Col- change could paralyze the regulatory working on a bill that is a jobs bill, lege of Southern Idaho in Twin Falls to process, not reform it. plain and simple. It does not have any fund the construction of the Applied Mr. MCCONNELL. Mr. President, as fancy parts to it. It is a reauthoriza- Technology and Innovation Center. cosponsor of the Freedom Act, I would tion of a program that was set up in This new LEED-certified facility will

VerDate Mar 15 2010 12:22 Jul 11, 2014 Jkt 099102 PO 00000 Frm 00024 Fmt 0686 Sfmt 0634 E:\BR11\S09JN1.000 S09JN1 wreier-aviles on DSK5TPTVN1PROD with BOUND RECORD 8906 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 6 June 9, 2011 help the college meet the region’s this provision is nearly identical to one I think we ought to get away from needs for a higher skilled workforce. that she and Senator CARDIN intro- extreme mischaracterizations, inac- They will learn to operate computer- duced in their own legislation in the curacies and untruths. Let’s talk about driven manufacturing equipment, 111th Congress. the facts. Let’s read the bill. Let’s maintain alternative energy systems, The Senator also was concerned with know what we are talking about and and to use environmentally sound con- our tying budget cuts to the SBA to get our facts straight. This goes to the struction processes for these green this amendment as a way of paying for heart of economic growth. It goes to buildings. This investment is part of a some of the costs of it. But, to avoid jobs. $6.9 million project that will create 486 controversy, we specifically selected as It goes to the American people’s well- jobs. offsets, cuts in the SBA that had been being. In Indiana, EDA provided $2.4 mil- proposed by the Agency’s Inspector The PRESIDING OFFICER. The Sen- lion; in Kansas, $1.4 million to the city General, and in the President’s very ator’s time has expired. of Hutchinson. I will go on with this in own budget. The Senator from California. my remaining time that I will have The Senator from Louisiana talked Mrs. BOXER. Mr. President, in my 5 later. about the problems associated with minutes, here is what I wish to say: But the point is, this is a jobs bill, considering indirect economic effects Yes, I have offered many amendments and it is being hijacked by a slew of on small businesses when issuing rules. on this floor, as have all my colleagues. amendments, and I see the handwriting But, for that provision we used the But if I see an amendment and col- on the wall. I have been here long exact same language suggested by the leagues see an amendment that could enough to know what is going on. President’s chief small business regu- hurt, we believe, the health of people, I There is no cooperation. We have ev- latory appointee, the chief advocate at am going to say, yes, let’s have a hear- erything from the Snowe amendment the Small Business Administration. ing. to endangered species, dealing with a So this is not indiscriminate and I wish to show you a picture of a chicken that somebody wants to take some are mischaracterizing the provi- child with asthma. She is beautiful. off the endangered species list. I mean, sions in this legislation because they This is not a pretty picture. I was not born yesterday, as you can have not bothered to read the amend- I will show you another picture of a tell. I know what is happening. This is ment. I made a number of changes in little boy with asthma. This is also a a dance. It is a slow dance. It, unfortu- order to address the concerns on the beautiful child and a terrible picture. nately, signals to me maybe the slow other side. If there were further con- Let me tell you, we are trying to pro- death of this bill. I think that is very cerns, that we could work through, I tect these children. We are trying to sad, when you have a bill that has been would have addressed those as well. So protect our families. We are trying to supported by Republican Presidents, I think we better make sure we get our stop premature deaths. How do we do Democratic Presidents over the years, facts straight because it is about small it? Yes, we have regulations. Have they and the last vote on this floor was businesses and jobs. That is what it is worked? You bet they have. That is unanimous, in 2004—by unanimous con- about. We are just stalling, deferring, why I say, if you are going to change sent—and George W. Bush signed it. I delaying. them, yes, I hope we would look at— We heard concerns that we did not have fought George W. Bush in a num- you know, everybody is motivated in have a hearing on my specific amend- ber of areas. He and I saw eye to eye on the right direction. Jobs? Absolutely. ment. Well, the Senate did not hold a this one. This is not controversial. But I have to tell you, when you are hearing on it since I was denied a vote I hope we can dispose of this amend- sick, you cannot go to work. If a bread- on it on May 4. And the President came ment. I will have more to say on the winner dies prematurely, the family is out a few days later and said regu- amendment in a couple minutes. destitute. I yield the floor. latory reform was one of the top four Let me show you just one act that The PRESIDING OFFICER (Mr. issues for American economic growth would be impacted by this Snowe SANDERS). Under the previous order, and job creation. amendment and why I think we ought the Senator from Maine has the next 5 Then we hear a bureaucratic con- to have an alternative amendment. If minutes. versation about hearings and multiple The Senator from Maine. jurisdictions and committees and com- you look at the study that was re- Ms. SNOWE. Thank you, Mr. Presi- mittees. I have to say, I have never quired by Congress, you find out that dent. known amendments to require hearings in just 2010 alone, the Clean Air Act I would urge my colleagues to sup- before they are considered on the floor. prevented 160,000 cases of premature port this amendment. It is about jobs. In fact, I believe the Senator from Cali- death; if you look at 2010 alone, 1.7 mil- It is about small businesses. It is about fornia had 19 amendments in the last lion fewer asthma attacks; if you look the well-being of American families. Congress—19 amendments—8 of which at acute heart attacks prevented, Just remember this: the stark num- were accepted and none had hearings. 130,000. bers. The unemployment rate is at 9.1 Yesterday we had a major amendment What happens in the Snowe amend- percent; the average over the last 21⁄2 on interchange. We did not have a ment: All you are going to look at is years, 9.4 percent. For 23 out of the last hearing on that major issue. the economic benefits, not the health 28 months, unemployment has been at I am just making a point. This is just benefits. It flies in the face of common 9 percent or higher. Housing prices are bringing up issues to obfuscate and ob- sense and our moral responsibility. at the lowest level since mid-2002. This scure. I do not know exactly what the Here is what I see wrong with this is the longest recession since modern concern is, to be honest with you. If amendment: It hurts protection for record-keeping. there are some issues to address, then families and communities. It stops or These are stark, grim numbers. What let’s address them. But to just post- delays important protections for those I am hearing here today is a bureau- pone in conversation, debating—the people. It ignores public health and cratic process and response, exactly talk goes nowhere. There are no hear- safety benefits. It only looks at the what we are trying to attack. This is ings. There is nothing. benefits of economics. Yes, we have to not indiscriminate, as some have de- The President scaled back regula- do that. But we also need a balanced scribed on the other side of the aisle tions, as I said earlier in an effort to approach. As I said, if someone is sick about this regulatory reform measure. spur economic growth, including some and they cannot go to work, they can- It is very consistent. in the Environmental Protection Agen- not keep a job. I know the Senator from Louisiana cy. He did not undercut the Endan- It would also create additional, ex- was talking about several of the issues. gered Species Act. Nobody is accusing pensive litigation. The amendment al- I would like to go through them. him of scaling back every environ- lows polluters to sue Federal agencies First of all, she mentioned about the mental law that has ever been on the during the public comment period on a concerns of the judicial review. But books. proposed Federal safeguard that allows

VerDate Mar 15 2010 12:22 Jul 11, 2014 Jkt 099102 PO 00000 Frm 00025 Fmt 0686 Sfmt 0634 E:\BR11\S09JN1.000 S09JN1 wreier-aviles on DSK5TPTVN1PROD with BOUND RECORD June 9, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 6 8907 one polluter to hold up an important, should do the rest of the day. We have States in any action brought to enforce this let’s say, drinking water or clean air a number of Senators who have come section. protection standard for months, maybe to both of us wanting to offer amend- ‘‘(c) INAPPLICABILITY OF ACT OF STATE DOC- TRINE.—No court of the United States shall years. ments. We think we need to have peo- decline, based on the act of state doctrine, to So I urge a ‘‘no’’ vote on this amend- ple offer amendments so that we can make a determination on the merits in an ment. Let’s get together and come up find the universe of amendments and action brought under this section. with something that balances eco- work through them and come up with a ‘‘(d) ENFORCEMENT.— nomic growth with the protection of reasonable way to proceed forward. ‘‘(1) IN GENERAL.—The Attorney General of the health of our families. Having said that, I want people to the United States may bring an action to en- I yield the floor and hope we would offer amendments on my side, and I force this section in any district court of the United States as provided under the anti- now go to a vote under the previous think Senator MCCONNELL feels the trust laws. order. same way on his side. We will make a ‘‘(2) NO PRIVATE RIGHT OF ACTION.—No pri- Mr. President, I ask for the yeas and determination later today as to how we vate right of action is authorized under this nays on the amendment. will proceed on this next week. I think section.’’. The PRESIDING OFFICER. Is there a it would be fruitless at this stage to (c) SOVEREIGN IMMUNITY.—Section 1605(a) sufficient second? have a bunch of votes—well, we need of title 28, United States Code, is amended— There appears to be a sufficient sec- consent to do it, so I don’t think there (1) in paragraph (5), by striking ‘‘or’’ after ond. will be any more votes this afternoon. the semicolon; All time is yielded back. (2) in paragraph (6), by striking the period The PRESIDING OFFICER. The Sen- and inserting ‘‘; or’’; and The question is on agreeing to ator from Wisconsin. amendment No. 390. (3) by adding at the end the following: AMENDMENT NO. 389 ‘‘(7) in which the action is brought under The clerk will call the roll. Mr. KOHL. Mr. President, I ask unan- section 7A of the Sherman Act.’’. The bill clerk called the roll. Mr. DURBIN. I announce that the imous consent to set aside the pending The PRESIDING OFFICER. The Sen- amendment, and I call up my amend- ator from Texas. Senator from Vermont (Mr. LEAHY) is Mrs. HUTCHISON. Mr. President, I necessarily absent. ment No. 389. The PRESIDING OFFICER. Are there The PRESIDING OFFICER. Without ask unanimous consent to set aside the any other Senators in the Chamber de- objection, it is so ordered. pending amendment. The PRESIDING OFFICER. Without siring to vote? The clerk will report. objection, it is so ordered. The result was announced—yeas 53, The assistant bill clerk read as fol- nays 46, as follows: lows: AMENDMENT NO. 423 The Senator from Wisconsin [Mr. KOHL] Mrs. HUTCHISON. Mr. President, I [Rollcall Vote No. 87 Leg.] proposes an amendment numbered 389. call up amendment No. 423. YEAS—53 Mr. KOHL. Mr. President, I ask unan- The PRESIDING OFFICER. The Alexander Grassley Murkowski imous consent that the reading of the clerk will report. Ayotte Hatch Nelson (NE) The assistant bill clerk read as fol- Barrasso Heller Paul amendment be dispensed with. Blunt Hoeven Portman The PRESIDING OFFICER. Without lows: Boozman Hutchison Pryor objection, it is so ordered. The Senator from Texas [Mrs. HUTCHISON], Brown (MA) Inhofe Risch for herself, Mr. BARRASSO, Mr. BURR, Mr. Burr Isakson The amendment is as follows: Roberts INHOFE, Mr. PORTMAN, Mr. RISCH, and Mr. Chambliss Johanns Rubio (Purpose: To amend the Sherman Act to Coats Johnson (WI) HATCH, proposes an amendment numbered Sessions make oil-producing and exporting cartels Coburn Kirk 423. Shaheen illegal) Cochran Klobuchar Shelby Mrs. HUTCHISON. Mr. President, I Collins Kyl At the end of the bill, insert the following: Snowe ask unanimous consent that the read- Corker Lee SEC. lll. NOPEC. Cornyn Lugar Tester ing of the amendment be dispensed Thune (a) SHORT TITLE.—This section may be Crapo Manchin cited as the ‘‘No Oil Producing and Export- with. DeMint McCain Toomey The PRESIDING OFFICER. Without Enzi McConnell Vitter ing Cartels Act of 2011’’ or ‘‘NOPEC’’. Graham Moran Wicker (b) SHERMAN ACT.—The Sherman Act (15 objection, it is so ordered. U.S.C. 1 et seq.) is amended by adding after The amendment is as follows. NAYS—46 section 7 the following: (Purpose: To delay the implementation of Akaka Franken Murray ‘‘SEC. 7A. OIL PRODUCING CARTELS. the health reform law in the United States Baucus Gillibrand Nelson (FL) ‘‘(a) IN GENERAL.—It shall be illegal and a until there is final resolution in pending Begich Hagan Reed lawsuits) Bennet Harkin violation of this Act for any foreign state, or Reid any instrumentality or agent of any foreign Bingaman Inouye Rockefeller On page l, between lines l and l, insert Blumenthal Johnson (SD) Sanders state, to act collectively or in combination the following: Boxer Kerry Schumer with any other foreign state, any instrumen- SEC. ll. EFFECTIVE DATE OF PPACA. Brown (OH) Kohl Stabenow tality or agent of any other foreign state, or (a) IN GENERAL.—Notwithstanding any Cantwell Landrieu Udall (CO) any other person, whether by cartel or any Cardin Lautenberg other provision of law, the provisions of the Udall (NM) other association or form of cooperation or Carper Levin Patient Protection and Affordable Care Act Warner Casey Lieberman joint action— (Public Law 111–148) and the Health Care and Conrad McCaskill Webb ‘‘(1) to limit the production or distribution Education Reconciliation Act of 2010 (Public Coons Menendez Whitehouse of oil, natural gas, or any other petroleum Law 111–152), including the amendments Durbin Merkley Wyden product; made by such Acts, that are not in effect on Feinstein Mikulski ‘‘(2) to set or maintain the price of oil, nat- the date of enactment of this Act shall not NOT VOTING—1 ural gas, or any petroleum product; or be in effect until the date on which final ‘‘(3) to otherwise take any action in re- Leahy judgment is entered in all cases challenging straint of trade for oil, natural gas, or any the constitutionality of the requirement to The PRESIDING OFFICER. On this petroleum product; maintain minimum essential coverage under vote, the yeas are 53, the nays are 46. when such action, combination, or collective section 5000A of the Internal Revenue Code Under the previous order requiring 60 action has a direct, substantial, and reason- of 1986 that are pending before a Federal votes for the adoption of the amend- ably foreseeable effect on the market, sup- court on the date of enactment of this Act. ment, the amendment is rejected. ply, price, or distribution of oil, natural gas, (b) PROMULGATION OF REGULATIONS.—Not- Under the previous order, the motion or other petroleum product in the United withstanding any other provision of law, the States. Federal Government shall not promulgate to reconsider is considered made and ‘‘(b) SOVEREIGN IMMUNITY.—A foreign state regulations under the Patient Protection laid upon the table. engaged in conduct in violation of subsection and Affordable Care Act (Public Law 111–148) The majority leader is recognized. (a) shall not be immune under the doctrine or the Health Care and Education Reconcili- Mr. REID. Mr. President, Senator of sovereign immunity from the jurisdiction ation Act of 2010 (Public Law 111–152), includ- MCCONNELL and I discussed what we or judgments of the courts of the United ing the amendments made by such Acts, or

VerDate Mar 15 2010 12:22 Jul 11, 2014 Jkt 099102 PO 00000 Frm 00026 Fmt 0686 Sfmt 0634 E:\BR11\S09JN1.000 S09JN1 wreier-aviles on DSK5TPTVN1PROD with BOUND RECORD 8908 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 6 June 9, 2011 otherwise prepare to implement such Acts because if you go over 50 employees, Mr. PORTMAN. Mr. President, I ask (or amendments made by such Acts), until new Federal regulations that will be unanimous consent to dispense with the date on which final judgment is entered imposed on you are going to be costly. the reading of the amendments. in all cases challenging the constitutionality The PRESIDING OFFICER. Without of the requirement to maintain minimum es- A new study out this week confirms sential coverage under section 5000A of the that health reform will not let you objection, it is so ordered. Internal Revenue Code of 1986 that are pend- keep your health plan, as promised. The amendments are as follows: ing before a Federal court on the date of en- This report found that when businesses AMENDMENT NO. 417 actment of this Act. fully understand all the new regula- (Purpose: To provide for the inclusion of Mrs. HUTCHISON. Mr. President, tions required under health reform, as independent regulatory agencies in the ap- this amendment, I hope, will save our many as half of them say they will plication of the Unfunded Mandates Re- businesses and our States the millions definitely or probably stop offering form Act of 1995 (2 U.S.C. 1501 et seq.)) of dollars they are now spending to im- health insurance benefits to their em- At the appropriate place, insert the fol- plement the health care reform bill, ployees. That would leave as many as lowing: which is in the courts. 78 million Americans on their own to SEC. lll. INCLUSION OF APPLICATION TO INDEPENDENT REGULATORY AGEN- Yesterday, the court in Atlanta—the find health insurance for themselves CIES. Eleventh Circuit Court of Appeals— and their families. (a) IN GENERAL.—Section 421(1) of the Con- heard arguments from the government That is why I have filed amendment gressional Budget and Impoundment Control and the State about whether the Flor- No. 423—to delay further implementa- Act of 1974 (2 U.S.C. 658(1)) is amended by ida District Court ruling that the tion of health reform until the courts striking ‘‘, but does not include independent health care law is null and void be- determine whether it is constitutional. regulatory agencies’’. cause it is unconstitutional should be (b) EXEMPTION FOR MONETARY POLICY.—The My amendment would pause further Unfunded Mandates Reform Act of 1995 (2 upheld. Since we are in this court fight implementation of this law so we don’t U.S.C. 1501 et seq.) is amended by inserting and this will surely go to the Supreme spend millions more taxpayer dollars after section 5 the following: Court—there is no doubt that either at the Federal and State levels, costing ‘‘SEC. 6. EXEMPTION FOR MONETARY POLICY. side that loses is going to appeal—my small businesses as well, when it could ‘‘Nothing in title II, III, or IV shall apply amendment would put a moratorium be struck down. to rules that concern monetary policy pro- on the implementation of the law. So it Twenty-six States have joined to- posed or implemented by the Board of Gov- would save the Federal Government gether to sue the Federal Government, ernors of the Federal Reserve System or the Federal Open Market Committee.’’. and the taxpayers who are paying for and a Florida district court found in it, and it would save the State govern- favor of these 26 States, saying Con- AMENDMENT NO. 418 ments that are trying to implement a gress had overstepped and overreached (Purpose: To amend the Unfunded Mandates law that may be unconstitutional and its authority and that mandating indi- Reform Act of 1995 (2 U.S.C. 1501 et seq.) to strengthen the economic impact analyses cost millions of dollars to adjust their viduals to purchase health insurance system and the businesses across our for major rules, require agencies to analyze was unconstitutional. The 11th Circuit the effect of major rules on jobs, and re- country that are trying desperately to Court, as I said earlier, is considering quire adoption of the least burdensome determine if they are going to be able this case as we speak and we should regulatory means) to even offer health insurance or if not burden any further businesses, At the appropriate place, insert the fol- they want to offer health insurance to States and taxpayers who support the lowing: their employees anymore. Federal Government until we know if SEC. lll. UNFUNDED MANDATES REFORM. We are in a time when there are un- this law is constitutional. Let us put in (a) REGULATORY IMPACT ANALYSES FOR precedented regulatory burdens on our place a moratorium, a pause, so that CERTAIN RULES.— businesses. We are facing a $14 trillion no one gets penalized for not con- (1) REGULATORY IMPACT ANALYSES FOR CER- national debt in this country—trillion. tinuing the implementation process. TAIN RULES.—Section 202 of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1532) is We are looking at having to raise that That is what my amendment would do. debt limit if we don’t severely cut amended— Let’s clarify, and then, if the law is (A) by striking the section heading and in- spending and get our house in order. constitutional, there is plenty of time serting the following: In the past 2 years alone, this Fed- to go forward. But if it isn’t, as I hope ‘‘SEC. 202. REGULATORY IMPACT ANALYSES FOR eral Government has borrowed an addi- is the case, we will be able to start all CERTAIN RULES.’’; tional $3.2 trillion. Washington passed over. We would make health care more (B) by redesignating subsections (b) and (c) a health care reform bill that cost available and more affordable in this as subsections (d) and (e), respectively; nearly $2.6 trillion and a stimulus bill country without cutting Medicare, (C) by striking subsection (a) and inserting the following: that cost $821 billion, which has only overburdening our taxpayers and busi- given us higher unemployment since ‘‘(a) DEFINITION.—In this section, the term nesses, and maybe even get our econ- ‘cost’ means the cost of compliance and any the stimulus bill passed. The U.S. econ- omy going and stop this rising unem- omy is frozen, job creators are facing reasonably foreseeable indirect costs, includ- ployment we are seeing in our country ing revenues lost as a result of an agency new levels of taxes, they are looking at right now. Nine percent unemployment rule subject to this section. this health insurance cost going up is too high, and health care reform is a ‘‘(b) IN GENERAL.—Before promulgating and, on top of that, new regulations. part of the problem that is causing it. any proposed or final rule that may have an Heavyhanded government regulation annual effect on the economy of $100,000,000 Mr. President, I yield the floor. is not what we need right now. The or more (adjusted for inflation), or that may health care reform bill is a perfect ex- AMENDMENTS NOS. 417 AND 418 EN BLOC result in the expenditure by State, local, and ample of government regulations Mr. PORTMAN. Mr. President, I ask tribal governments, in the aggregate, of hamstringing our businesses with more unanimous consent that the pending $100,000,000 or more (adjusted for inflation) in amendment be set aside, and that I be any 1 year, each agency shall prepare and redtape and bureaucracy. It has been publish in the Federal Register an initial and over a year since that bill was passed, allowed to call up amendments Nos. 417 final regulatory impact analysis. The initial and businesses are still facing unprece- and 418 en bloc. regulatory impact analysis shall accompany dented premium increases—as high as The PRESIDING OFFICER. Is there the agency’s notice of proposed rulemaking 20 percent. Employers are finding their objection? and shall be open to public comment. The policies being canceled because insur- Without objection, it is so ordered. final regulatory impact analysis shall ac- ers are closing up shop due to new Fed- The clerk will report. company the final rule. eral regulations. Health care reform is ‘‘(c) CONTENT.—The initial and final regu- The assistant bill clerk read as fol- latory impact analysis under subsection (b) requiring individuals and businesses to lows: shall include— buy government-approved health care The Senator from Ohio [Mr. PORTMAN] pro- ‘‘(1)(A) an analysis of the anticipated bene- or they pay hefty fines. Health reform poses en bloc amendments numbered 417 and fits and costs of the rule, which shall be has discouraged businesses from hiring, 418. quantified to the extent feasible;

VerDate Mar 15 2010 12:22 Jul 11, 2014 Jkt 099102 PO 00000 Frm 00027 Fmt 0686 Sfmt 0634 E:\BR11\S09JN1.000 S09JN1 wreier-aviles on DSK5TPTVN1PROD with BOUND RECORD June 9, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 6 8909 ‘‘(B) an analysis of the benefits and costs think it is only appropriate we also that is entirely consistent with the of a reasonable number of regulatory alter- talk about regulations, because, unfor- principles President Obama himself natives within the range of the agency’s dis- tunately, regulatory mandates are sti- laid out in his January Executive order cretion under the statute authorizing the fling economic growth today and keep- on regulatory review. The first amend- rule, including alternatives that— ‘‘(i) require no action by the Federal Gov- ing us from creating the jobs we so ment, 418, would require agencies spe- ernment; and badly need. cifically to assess the potential effects ‘‘(ii) use incentives and market-based I hear it all over my State, and I am of new regulations on job creation and means to encourage the desired behavior, sure my colleagues do as well. Compa- to consider market-based and non- provide information upon which choices can nies are saying they want to expand. governmental alternatives to the regu- be made by the public, or employ other flexi- They say: We have a good idea, we have lation. It would also broaden the scope ble regulatory options that permit the great- a business plan that works, but we are of UMRA to require cost-benefit anal- est flexibility in achieving the objectives of deterred by the cost of complying with ysis of rules that impose direct or indi- the statutory provision authorizing the rule; regulations. It is the redtape and also rect economic costs of $100 million or and the uncertainty. It is not just the bu- ‘‘(C) an explanation that the rule meets more. It would require agencies to the requirements of section 205; reaucracy and redtape, it is the uncer- adopt the least costly or least burden- ‘‘(2) an assessment of the extent to which— tainty about future regulations. some regulatory option that achieves ‘‘(A) the costs to State, local and tribal This regulatory burden on employers, the policy goal set out by this Con- governments may be paid with Federal fi- by the way, is growing, and it is al- gress. A commonsense idea. nancial assistance (or otherwise paid for by ready a mess. There is a recent study The second amendment, 417, would the Federal Government); and commissioned by the Small Business extend UMRA to independent agencies. ‘‘(B) there are available Federal resources Administration and the Obama admin- In 1995, it was imposed upon the execu- to carry out the rule; istration which estimates the annual ‘‘(3) estimates of— tive agencies but not on independent toll now of Federal regulations on the agencies. Those independent agencies ‘‘(A) any disproportionate budgetary ef- American economy is $1.75 trillion. fects of the rule upon any particular regions have grown, and so have their regula- of the Nation or particular State, local, or That is more than the IRS collects in tions. This would be an agency such as tribal governments, urban or rural or other income taxes in a year. With the unem- the SEC—the Securities and Exchange types of communities, or particular seg- ployment rate now at 9.1 percent, we Commission—or the CFTC or even the ments of the private sector; and can’t continue to ask businesses to new Consumer Financial Protection ‘‘(B) the effect of the rule on job creation spend more on redtape. Instead, we or job loss, which shall be quantified to the Bureau, which has gotten a lot of at- want them to invest in job creation. tention here in the Senate in the de- extent feasible; and The current administration, unfortu- bate over the Dodd-Frank Act. Right ‘‘(4)(A) a description of the extent of the nately, I believe, is moving in the now they are exempted from the cost- agency’s prior consultation with elected rep- wrong direction on this score. We have resentatives (under section 204) of the af- benefit rules that govern all these fected State, local, and tribal governments; seen a sharp increase over the past cou- ple of years in new ‘‘major’’ or ‘‘eco- other Federal agencies. ‘‘(B) a summary of the comments and con- Major rules issued by what is called nomically significant’’ rules. These are cerns that were presented by State, local, or the ‘‘headless fourth branch’’ of gov- regulations that impose a cost on the tribal governments either orally or in writ- ernment are not even reviewed for ing to the agency; and economy of $100 million or more. ‘‘(C) a summary of the agency’s evaluation According to the Office of Manage- cost-benefit justification by OIRA, of those comments and concerns.’’; ment and Budget, the Obama adminis- which is the Office of Information and (D) in subsection (d) (as redesignated by tration has been regulating at a pace of Regulatory Affairs at OMB which re- paragraph (2) of this subsection), by striking 84 of these new ‘‘major’’ or ‘‘economi- views regulations from all the other ‘‘subsection (a)’’ and inserting ‘‘subsection cally significant’’ rules—costing the agencies. (b)’’; and Based on information from the GAO, (E) in subsection (e) (as redesignated by economy over $100 million—per year, including rules issued by independent it now appears that between 1996 and paragraph (2) of this subsection), by striking this year independent agencies issued ‘‘subsection (a)’’ each place that term ap- agencies. By the way, that is about a pears and inserting ‘‘subsection (b)’’. 50-percent increase over the regulatory nearly 200 regulations that had an im- (2) TECHNICAL AND CONFORMING AMEND- output during the Clinton administra- pact of $100 million or more on the MENT.—The table of sections for the Un- tion, which was about 56 major rules economy. So again, over 200 regula- funded Mandates Reform Act of 1995 is per year. tions were not subject to review under amended by striking the item relating to I was very encouraged by the words UMRA because they were from inde- section 202 and inserting the following: of President Obama as he introduced pendent agencies. There is a clear need ‘‘Sec. 202. Regulatory impact analyses for his January Executive order on im- to extend UMRA to these independent certain rules.’’. proving regulation and regulatory re- agencies. Closing this loophole is a sen- (b) LEAST BURDENSOME OPTION OR EXPLA- view, but now we need action. We need sible reform. NATION REQUIRED.—Section 205 of the Un- to be sure the agencies are actually By the way, this reform was endorsed funded Mandates Reform Act of 1995 (2 U.S.C. taking the measures necessary to pro- by the President’s own regulatory czar, 1535) is amended by striking section 205 and Professor Cass Sunstein, who wrote in inserting the following: vide regulatory relief for job creators a 2002 law review article that it only ‘‘SEC. 205. LEAST BURDENSOME OPTION OR EX- and reducing this drag on our economy. PLANATION REQUIRED. One commonsense step we can take made sense to require independent ‘‘Before promulgating any proposed or now is to strengthen a piece of legisla- agencies to undertake the same cost- final rule for which a regulatory impact tion that is already in place. It is benefit analysis that we require of ex- analysis is required under section 202, the called the Unfunded Mandates Reform ecutive agencies. agency shall— Act. It was passed by Congress and No major regulation, whatever its ‘‘(1) identify and consider a reasonable signed into law by President Clinton in source, should be imposed on American number of regulatory alternatives within the 1995. It was bipartisan legislation. I employees or on State and local gov- range of the agency’s discretion under the ernments without serious consider- statute authorizing the rule, including alter- was one of the authors of this legisla- natives required under section 202(b)(1)(B); tion in the House of Representatives. ation of what the costs are, what the and UMRA, as it is called—Unfunded Man- benefits are, and whether there is ‘‘(2) from the alternatives described under dates Reform Act—was a bipartisan ef- available a less burdensome alter- paragraph (1), select the least costly or least fort basically to say that regulators native. That is what these amendments burdensome alternative that achieves the ob- had to evaluate a rule’s cost and find are all about. Both would move us fur- jectives of the statute.’’. less costly alternatives before adopting ther toward that goal, and I urge my Mr. PORTMAN. Mr. President, today one of these so-called ‘‘major’’ rules. colleagues to support them both. we are considering a bill intended to The two amendments I am offering Madam President, I yield the floor, promote economic development, and I today would improve UMRA in a way and I suggest the absence of a quorum.

VerDate Mar 15 2010 12:22 Jul 11, 2014 Jkt 099102 PO 00000 Frm 00028 Fmt 0686 Sfmt 0634 E:\BR11\S09JN1.000 S09JN1 wreier-aviles on DSK5TPTVN1PROD with BOUND RECORD 8910 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 6 June 9, 2011 The PRESIDING OFFICER (Mrs. cover until our housing market recov- So the family follows those direc- MCCASKILL). The clerk will call the ers. A home is the single biggest in- tions, understands they are in the proc- roll. vestment that most families make, and ess of getting a modification, and then The assistant bill clerk proceeded to it is the key to their financial success. it turns out the servicer has a different call the roll. It is often the key to happiness in re- story to tell, often saying: You know Mr. MERKLEY. Madam President, I tirement. what. Your credit score is not very ask unanimous consent the order for In addition to the impact on millions good because you have only been mak- the quorum call be rescinded. of families—and we are looking at the ing half payments for 6 months. So, The PRESIDING OFFICER. Without possibility of 5 to 8 million more fami- you know what, you don’t qualify after objection, it is so ordered. lies facing foreclosure stemming from all, and you owe us a lot of money. If AMENDMENT NO. 428 this predatory lending crisis that melt- you do not pay us, we are foreclosing. Mr. MERKLEY. Madam President, I ed down our economy in 2008 and 2009— That is the nightmare of a program rise to speak to amendment No. 428 on in addition to the impact on those fam- that was supposed to help families but the regulation of mortgage servicing. ilies, it has an impact on our commu- has often hurt families. Mr. Colette’s We spend a lot of time in Washington nities. When there is an empty house story is one of these stories of going talking about many topics but often on the street, it pulls down the value of through the difficulty of this program. not getting to the issue most impor- every other home on that street by as He bought his home in 2006. At the tant to American citizens; that is, get- much as $2,000 to $5,000 per home. That time it seemed like a great investment ting them back to work, creating jobs. further drives down prices, which for him and his son, especially consid- Creating jobs should be the paramount means more foreclosures, more fami- ering that he was in a position to put lies underwater, less confidence in the concern of every person in this town. down more than $100,000 as a downpay- recovery, more inclination to hold onto We are not going to get job growth ment. It is a situation that very few every dollar rather than to spend in going again until we deal with the families can emulate. He was able to our economy, so the consumer spend- housing crisis that started this reces- afford his mortgage payments quite ing is suppressed and our GDP is di- sion and that is blocking our recovery. rectly linked, both to the amount of easily within his income. Three years ago, our economy was But when Wall Street’s bad bets money invested—and we know many nearly destroyed by a combination of sparked the national recession, every- companies around America are sitting high-risk, high-cost subprime mort- on vast sums rather than investing thing changed. He lives in one of the gages and reckless bets on Wall Street. them—and on the amount of money hardest hit areas of the State of Or- Since then we fixed many of those families spend. egon, Deschutes County, and the con- problems in subprime mortgages. We These things all tie together, wheth- struction industry dried up overnight have ended three of the key predatory er our economy is going to succeed or and therefore his business, his con- practices. One of those was undocu- remain in its current paralyzed shape. struction business, dried up overnight. mented loans, otherwise known, com- Often it is important to take these big He called his mortgage servicer to monly, as ‘‘liar loans,’’ where the infor- numbers and translate them to indi- begin the mortgage modification proc- mation was fictionalized. vidual stories. I would like to share ess, and he did what the bank asked Then we had the prepayment pen- today a story about Tim Colette and him to. alty. It was a steel trap in which a his son in my State of Oregon. We re- At the time the bank extracted par- mortgage document would lock people ceived this article from Economic Fair- tial payments, actually for years, on into a loan with an exploding interest ness Oregon. It is titled, ‘‘A Home- the false hope that Tim could receive a rate and would prevent them from coming With No Home.’’ I will read the long-term fix. So month after month being able to get out of that loan. We first paragraph. Mr. Colette says: his equity, that original $100,000 down- knew from a Wall Street Journal study My biggest problem now is, my son comes payment, was siphoned away. It was si- that 60 percent of the families in these home from the military in August and my phoned away through bank fees, it was predatory loans with the steel trap pre- home is being foreclosed on in 18 days. He’s siphoned away through declining prop- payment penalties qualified for reg- been hit by an IED, people shooting at him erty values, until there was nothing ular, ordinary, fully amortizing 30-year and he just wanted to come home and sleep left. in his room in his bed and be safe for 15 days prime loans. . . . and I told him I’d make that happen. I Had his request for a modification That leads us to the third point, don’t know how yet, but I will. been processed promptly, either he which was the undisclosed bonuses, Mr. Colette shared his story with Or- would have been approved or denied. If otherwise known as steering payments egon lawmakers in a recent hearing on he would have been approved, it would or kickbacks, that were paid to mort- foreclosure reform, and I thank him for have been great. It would have locked gage originators when they steered sharing his story. For Tim and count- in his payments, and he could have families from the prime loan with a less others, it did not need to be this continued with that fine financial fair interest rate and 30-year amortiza- bad. We have a program in America foundation. If he had been denied, he tion into the predatory subprime loan called the Mortgage Modification Pro- would have had the ability to say: I with an exploding interest rate and a gram, or HAMP, Housing Affordable have to make a decision then. Do I put steel trap prepayment penalty. Modification Program. That program this home up for a short sale? Do I put It is good that we ended those prac- has not worked very well. Indeed, it is it up on the market and try to sell it tices for the future. But for the fami- a voluntary program. It has been more for what is owed to the bank? He would lies who have been caught up in the or less a nightmare for the families have had some savings left over to pick flood of foreclosures, it is as though we who have been applying. up and start over. rebuilt the levees but we have not done Often a servicer will encourage fami- Tim did all that was right and he anything to take away the water that lies to apply because they make more played by the rules, but he is in a pre- is still flooding their living rooms. money when a family is behind on their carious position today. In just 9 weeks, Just last week, new reports, the payments than when they are current his son, serving our country overseas, Case-Shiller Index, showed that home on their payments. So often the will come home. Let’s hope it is a prices have reached their lowest level servicer will say: You know, you prob- homecoming with a home, not a home- since 2002. If home prices are that low, ably qualify. What you need to do is coming without a home. it is also hard to build new homes. In- stop making your payments for a pe- This amendment does three impor- deed, a recent report said the number riod of 3 months or maybe 6 months or tant things: The first is, it establishes of new homes being built each month what you need to do is cut your pay- a single point of contact so when a had reached the lowest level since ments in half and that will show finan- family talks to their servicer they do 1965—that is almost 50 years ago. Sim- cial distress and you will qualify for not have to start from scratch every ply, our economy is not going to re- this program. single time, explaining their story.

VerDate Mar 15 2010 12:22 Jul 11, 2014 Jkt 099102 PO 00000 Frm 00029 Fmt 0686 Sfmt 0634 E:\BR11\S09JN1.001 S09JN1 wreier-aviles on DSK5TPTVN1PROD with BOUND RECORD June 9, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 6 8911 With that single point of contact there The PRESIDING OFFICER. The tion of ethanol blender pumps or eth- will be somebody who has a coherent unanimous consent request is pending. anol storage facilities, which is the lat- file. So often, each time a family Mr. MCCAIN. Madam President, I est effort on the part of the ethanol talked to a different person at the still ask unanimous consent to call up lobby to take more and more of U.S. servicer, that person had lost the file both amendments. It is my under- taxpayers’ dollars. or lost key papers in the file or was standing amendments are allowed, but I would remind my colleagues that sent additional information that had if there are some amendments that are taxpayers have already provided bil- been requested but did not put it into not allowed, I think we ought to under- lions of dollars to ethanol producers the file. So a single coherent point of stand that. I understand the strength over the last 30 years. Last year alone, contact. of the ethanol lobby, but there was an the ethanol tax credit cost the tax- Second, this amendment ends the agreement that amendments would be payers $6 billion. In the final hours of dual track on which servicers proceed allowed to be called up. If that is not the last Congress, the ethanol tax cred- to pursue foreclosure at the same time the case, then I would obviously have it was extended for an additional year they are talking to the customer about to resort to other parliamentary meas- and will likely cost taxpayers an addi- a modification. Very simply, this ures. tional $5 billion to $6 billion this year. amendment would set aside that dual So I repeat my unanimous consent Seeking to double-dip in the Federal track, that foreclosure track, until request to set aside the pending amend- Treasury, advocates for the ethanol in- they make a decision. They can make ment and call up both amendments, dustry are seeking taxpayer support it over a longer period of time, over a Nos. 411 and 412. for infrastructure for ethanol such as shorter period of time, but until they The PRESIDING OFFICER. Is there blender pumps and storage facilities. make the decision and tell the cus- objection? The Department of Agriculture was tomer, they set aside the foreclosure Without objection, it is so ordered. happy to comply with the industry’s track. That would reduce a lot of the The clerk will report. request to fund infrastructure con- stress, a lot of the confusion, a lot of The assistant legislative clerk read struction. On April 8, 2001, the Sec- the enormous frustration that families as follows: retary of Agriculture issued a rule face. The Senator from Arizona [Mr. MCCAIN] that—get this—would classify blender The third point in this amendment is proposes amendments en bloc numbered 411 pumps as a renewable energy system. that it requires a third-party review and 412. In other words, pumps are now a renew- before a servicer sends a home into Mr. MCCAIN. Madam President, I ask able energy system, which would qual- foreclosure. That simply guarantees unanimous consent that the reading of ify it for funding under the Rural En- that the law has been followed, that the amendments be dispensed with. ergy Assistance Program. there was a coherent examination of The PRESIDING OFFICER. Without There is no one—no one—who be- the paperwork and a foreclosure is in objection, it is so ordered. lieved the Rural Energy Assistance order at the same time a modification The amendments are as follows: Program would apply to putting eth- has been approved or a foreclosure is in anol pumps and storage facilities in gas order at the same time a modification AMENDMENT NO. 411 stations. When Congress created the is on the verge of being approved or (Purpose: To prohibit the use of Federal Rural Energy Assistance Program, it that a foreclosure doesn’t proceed be- funds to construct ethanol blender pumps didn’t have any intention of paying gas or ethanol storage facilities) cause a document is missing from the station owners to upgrade their infra- file. Connecticut and Maine have such At the end of the bill, add the following: structure and further subsidize the eth- SEC. ll. PROHIBITION ON USE OF FEDERAL anol industry. a program, and it has kept 60 percent FUNDS TO CONSTRUCT ETHANOL of the families who would otherwise be BLENDER PUMPS OR ETHANOL According to the USDA, an ethanol out of their houses in their houses. So STORAGE FACILITIES. blender pump and tank could cost an three basic, fundamental reforms. Effective beginning on the date of enact- average of $100,000 to $120,000 to install. I wish to thank my Republican co- ment of this Act, no funds made available by With over 200,000 fuel pumps currently sponsor, OLYMPIA SNOWE, who stepped Federal law (including funds in any trust operating in the United States, it forward on behalf of homeowners fund to which funds are made by Federal would cost over $20 billion to convert across this Nation to say yes to fair- law) shall be expended for the construction them all—a corporate welfare project of an ethanol blender pump or an ethanol ness. I also thank the other dozen or so storage facility. of significant proportions. Senators who in the last day have I might point out that an amendment AMENDMENT NO. 412 signed up as cosponsors. Many of them similar to this was overwhelmingly (Purpose: To repeal the wage rate require- have been real champions in their supported in the other body during the ments commonly known as the Davis-Bacon consideration of H.R. 1 by a vote of 261 States, and some of them have worked Act) very hard on these issues, including On page l, between lines l and l, insert to 158. Senator REID and Senator WHITEHOUSE. the following: It is time we stop this. I am a well- In fact, I would note that Senators SEC. ll. REPEAL OF DAVIS-BACON WAGE RE- known opponent of ethanol subsidies to AKAKA, BLUMENTHAL, DURBIN, INOUYE, QUIREMENTS. start with because it has never been of LEVIN, MCCASKILL, SANDERS, SHAHEEN, (a) IN GENERAL.—Subchapter IV of chapter any value. It has distorted the market, WHITEHOUSE, and WYDEN, and I imagine 31 of title 40, United States Code, is repealed. and it has been an incredible waste of many more will join us. (b) REFERENCE.—Any reference in any law taxpayers’ dollars. But now they want I encourage my colleagues to support to a wage requirement of subchapter IV of to go further by having us pay as much chapter 31 of title 40, United States Code, as $20 billion so they can install, under fundamental fairness: single point of shall after the date of the enactment of this contact and a foreclosure dual track Act be null and void. the Rural Energy Assistance Program, and have a third-party review so that (c) EFFECTIVE DATE AND LIMITATION.—The blender pumps and storage facilities. homeowners get a chance, like Mr. amendments made by this section shall not So the ethanol advocates today have Colette, to stay in their homes. affect any contract in existence on the date issued a release opposing this amend- Thank you, Madam President. of enactment of this Act or made pursuant ment because it would enforce the for- AMENDMENTS NOS. 411 AND 412 EN BLOC to invitation for bids outstanding on such eign oil mandate over our transpor- date of enactment. Mr. MCCAIN. Madam President, I ask tation fuels marketplace by blocking a unanimous consent to set aside the Mr. MCCAIN. Madam President, I job-creating effort to promote the in- pending amendment and call up will be brief in discussing both of the stallation of flex pumps. So now this is amendments Nos. 411 and 412. amendments. all about jobs. We want to create jobs The PRESIDING OFFICER. Is there The first amendment, amendment by spending taxpayers’ dollars to build objection? No. 411, is a simple amendment that pumps. Mr. MERKLEY. Reserving the right would prohibit the U.S. Department of I hope my colleagues will take a look to object. Agriculture from funding the construc- at this and support this amendment.

VerDate Mar 15 2010 12:22 Jul 11, 2014 Jkt 099102 PO 00000 Frm 00030 Fmt 0686 Sfmt 0634 E:\BR11\S09JN1.001 S09JN1 wreier-aviles on DSK5TPTVN1PROD with BOUND RECORD 8912 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 6 June 9, 2011 The other amendment, amendment search and develop the Yucca Moun- Madam President, I yield the floor. No. 412, basically eliminates Davis- tain site. The PRESIDING OFFICER. The Sen- Bacon requirements from this legisla- In addition, even while the adminis- ator from Oregon. tion. The issue of Davis-Bacon is well tration is attempting to terminate the AMENDMENT NO. 440 known. All it would do is, in my view, place, the energy industry and there- Mr. MERKLEY. Madam President, I reduce costs by some 60 percent from fore the ratepayers are still contrib- ask unanimous consent to set aside the market rates if we are indeed not im- uting to the Nuclear Waste Fund that pending amendment and call up posing Davis-Bacon Act requirements. was established to pay for a nuclear amendment No. 440 that is at the desk. While I am on the floor, I wish to waste repository. According to the The PRESIDING OFFICER. Is there mention to my colleagues that as we Congressional Budget Office, the Nu- objection? face increasing costs at the gas pump clear Waste Fund is holding over $25 Without objection, it is so ordered. of $4 or more—there are predictions billion of ratepayers’ money. To date, The clerk will report. that the cost of gasoline and a barrel of no one has stated whether the energy The assistant editor of the Daily Di- oil will continue to increase—this ad- industry or the ratepayers will be re- gest read as follows: ministration continues to reject nu- funded those fees, and it is likely the The Senator from Oregon [Mr. MERKLEY] clear power in every possible way. taxpayer will end up footing the bill for proposes an amendment numbered 440. Yesterday, a House committee re- the lawsuits filed against the Federal Mr. MERKLEY. I ask unanimous leased the latest evidence detailing the Government by those who have been consent that the reading of the amend- administration’s mishandling of the unfairly charged. ment be dispensed with. Yucca Mountain nuclear waste reposi- The need for a permanent waste re- The PRESIDING OFFICER. Without tory, providing further examples of pository remains clear. In fact, a draft objection, it is so ordered. this administration’s blatantly polit- subcommittee report from the Presi- The amendment is as follows: ical decision to terminate the Yucca dent’s blue ribbon commission on nu- (Purpose: To require the Secretary of Energy Mountain project and close the facil- clear waste stated that ‘‘permanent to establish an Energy Efficiency Loan ity. disposal of nuclear waste is needed Program under which the Secretary shall I quote from the committee report: under all reasonably foreseeable sce- make funds available to States to support financial assistance provided by qualified Despite the President’s continued asser- narios’’ and that ‘‘we do not believe financing entities for making qualified en- tions that his nuclear waste management that new technology developments in ergy efficiency or renewable efficiency im- policy decisions would be driven by sound the next three to four decades will provements) science, the administration has repeatedly change the underlying need for a stor- At the end of the bill, add the following: refused to provide a scientific or technical age strategy combining interim sites SEC. ll. LOW-COST ENERGY EFFICIENCY justification for its shutdown decision, in- with progress toward a permanent fa- stead simply stating that Yucca is not a LOANS. workable option. cility,’’ thereby completely refuting (a) DEFINITIONS.—In this section: statements by the administration that (1) ELIGIBLE PARTICIPANT.—The term ‘‘eli- This coincides with an April 2011 technology and temporary storage gible participant’’ means a homeowner who GAO study that reported: sites are a sufficient replacement for receives financial assistance from a qualified DOE decided to terminate the Yucca permanent disposal. In fact, the admin- financing entity to carry out energy effi- Mountain repository program because, ac- istration and the Secretary of Energy ciency or renewable energy improvements to cording to the Department of Energy offi- an existing home or other residential build- cials, it is not a workable option and there himself have publicly stated that our ing of the homeowner listed under subsection are better solutions that can achieve a most promising technology to lessen (d). broader national consensus. DOE did not cite the burden of storage—waste reprocess- (2) PROGRAM.—The term ‘‘program’’ means technical or safety issues. ing—is not even being considered as a the Energy Efficiency Loan Program estab- There is a simple reason that neither viable option for addressing waste-stor- lished under subsection (b). Department of Energy Secretary Chu age needs. Unfortunately, it has been (3) QUALIFIED FINANCING ENTITY.—The term nor any other member of the adminis- reported that members of the commis- ‘‘qualified financing entity’’ means a State, sion have been told that under no cir- political subdivision of a State, tribal gov- tration has put forth a single scientific ernment, electric utility, natural gas utility, justification on the decision not to cumstances are they allowed to rec- nonprofit or community-based organization, move forward with Yucca Mountain— ommend Yucca Mountain as a perma- energy service company, retailer, or any because there is none. nent waste repository—regardless of other qualified entity that— When the NRC’s Atomic Safety and where the scientific evidence leads (A) meets the eligibility requirements of Licensing Board rejected the Depart- them. this section; and ment of Energy’s request to withdraw According to the Government Ac- (B) is designated by the Governor of a the license application, it noted: countability Office, the termination of State. (4) QUALIFIED LOAN PROGRAM MECHANISM.— Conceding that the Application is not Yucca Mountain would set back the opening of a new geologic repository by The term ‘‘qualified loan program mecha- flawed nor the site unsafe, the Secretary of nism’’ means a loan program that is— Energy seeks to withdraw the Application at least 20 years and cost billions of (A) administered by a qualified financing with prejudice as a ‘‘matter of policy’’ be- dollars. Of course, these billions would entity; and cause the Nevada site ‘‘is not a workable op- be in addition to the $15 billion tax- (B) principally funded— tion.’’ payers have already spent to research (i) by funds provided by or overseen by a In fact, according to the House re- and develop the Yucca Mountain site. State; or port, the NRC staff review of DOE’s It is really a sad day when we allow (ii) through the energy loan program of the Yucca Mountain license application politics or political influence to cause Federal National Mortgage Association. agreed overwhelmingly with the De- us to allow at least $15 billion of the (5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Energy. partment of Energy on the scientific taxpayers’ money to be wasted and to (b) ESTABLISHMENT.—The Secretary shall and technical issues associated with really doom, to a large degree, the fu- establish an Energy Efficiency Loan Pro- the site, ultimately concluding that ture of nuclear power in this country. gram under which the Secretary shall make the application complies with applica- We need to have energy self-suffi- funds available to States to support financial ble Nuclear Regulatory Commission ciency. I believe in wind. I believe in assistance provided by qualified financing safety regulations necessary for the tide. I believe in solar. But nuclear entities for making qualified energy effi- site to proceed to licensing for con- power must be a part of any equation if ciency or renewable efficiency improvements struction. we are going to be truly energy inde- listed under subsection (d). (c) ELIGIBILITY OF QUALIFIED FINANCING EN- The political interference orches- pendent. And by closing Yucca Moun- TITIES.—To be eligible to participate in the trated by the administration comes tain and by wasting already $15 billion program, a qualified financing entity shall— with a very real cost. As of 2010, the of the taxpayers’ money, we have made (1) offer a financing product under which taxpayers have spent $15 billion to re- that goal much, much harder to reach. eligible participants may pay over time for

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the cost to the eligible participant (after all (4) other debt instruments or financial (k) AUTHORIZATION OF APPROPRIATIONS.— applicable Federal, State, local, and other products necessary— There are authorized to be appropriated to rebates or incentives are applied) of making (A) to maximize leverage provided through carry out this section and the amendments improvements listed under subsection (d); available funds; and made by this section such sums as are nec- (2) require all financed improvements to be (B) to support widespread deployment of essary. performed by contractors in a manner that energy efficiency finance programs. Mr. MERKLEY. Madam President, I meets minimum standards established by the (h) USE OF REPAYMENT FUNDS.—In the case Secretary; and of a revolving loan fund established by a yield the floor. (3) establish standard underwriting criteria State described in subsection (g)(3), a quali- The PRESIDING OFFICER. The Sen- to determine the eligibility of program ap- fied financing entity may use funds repaid by ator from Oklahoma. plicants, which criteria shall be consistent eligible participants under the program to Mr. INHOFE. Madam President, I ask with— provide financial assistance for additional el- unanimous consent that at the conclu- (A) with respect to unsecured consumer igible participants to make improvements sion of the presentation by the junior loan programs, standard underwriting cri- listed under subsection (d) in a manner that Senator from Oklahoma I be recog- teria used under the energy loan program of is consistent with this section or other such criteria as are prescribed by the State. nized as in morning business. the Federal National Mortgage Association; The PRESIDING OFFICER. Is there or (i) PROGRAM EVALUATION.—Not later than 1 year after the date of enactment of this Act, (B) with respect to secured loans or other objection? the Secretary shall submit to Congress a forms of financial assistance, commercially Without objection, it is so ordered. program evaluation that describes— recognized best practices applicable to the The Senator from Oklahoma. (1) how many eligible participants have form of financial assistance being provided AMENDMENT NO. 436 participated in the program; (as determined by the designated entity ad- (2) how many jobs have been created Mr. COBURN. Madam President, I ministering the program in the State). through the program, directly and indi- ask unanimous consent that the pend- (d) QUALIFIED ENERGY EFFICIENCY OR RE- rectly; NEWABLE ENERGY IMPROVEMENTS.—Not later ing amendment be set aside and I call than 90 days after the date of enactment of (3) what steps could be taken to promote up amendment No. 436. this Act, the Secretary shall publish a list of further deployment of energy efficiency and The PRESIDING OFFICER. Is there energy efficiency or renewable energy im- renewable energy retrofits; objection? provements to existing homes that qualify (4) the quantity of verifiable energy sav- ings, homeowner energy bill savings, and Without objection, the clerk will re- under the program. port. (e) ALLOCATION.—In making funds avail- other benefits of the program; and able to States for each fiscal year under this (5) the performance of the programs car- The assistant editor of the Daily Di- section, the Secretary shall use the formula ried out by qualified financing entities under gest read as follows: used to allocate funds to States to carry out this section, including information on the The Senator from Oklahoma [Mr. COBURN] State energy conservation plans established rate of default and repayment. proposes an amendment numbered 436. under part D of title III of the Energy Policy (j) CREDIT SUPPORT FOR FINANCING PRO- GRAMS.—Section 1705 of the Energy Policy Mr. COBURN. Madam President, I and Conservation Act (42 U.S.C. 6321 et seq.). ask unanimous consent that reading of (f) QUALIFIED FINANCING ENTITIES.—Before Act of 2005 (42 U.S.C. 16516) is amended— making funds available to a State under this (1) in subsection (a), by adding at the end the amendment be dispensed with. section, the Secretary shall require the Gov- the following: The PRESIDING OFFICER. Without ernor of the State to provide to the Sec- ‘‘(4) Energy efficiency projects, including objection, it is so ordered. retary a letter of assurance that the State— projects to retrofit residential, commercial, The amendment is as follows: and industrial buildings, facilities, and (1) has 1 or more qualified financing enti- Beginning on page 17, strike line 14 and all equipment, including financing programs ties that meet the requirements of this sec- that follows through page 18, line 10, and in- that finance the retrofitting of residential, tion; sert the following: commercial, and industrial buildings, facili- (2) has established a qualified loan pro- (a) BRIGHTFIELDS DEMONSTRATION PRO- ties, and equipment.’’. gram mechanism that— GRAM.—Section 218 of the Public Works and (2) by redesignating subsection (e) as sub- (A) includes a methodology to ensure cred- Economic Development Act of 1965 (42 U.S.C. section (f); and ible energy savings or renewable energy gen- 3154d) is repealed. (3) by inserting after subsection (d) the fol- eration; (b) TERMINATION OF GLOBAL CLIMATE lowing: (B) incorporates an effective repayment CHANGE MITIGATION INCENTIVE FUND.—Not ‘‘(e) CREDIT SUPPORT FOR FINANCING PRO- mechanism, which may include— later than 30 days after the date of enact- GRAMS.— (i) on-utility-bill repayment; ment of this Act, the Secretary of Commerce ‘‘(1) IN GENERAL.—In the case of programs (ii) tax assessment or other form of prop- shall terminate the Global Climate Change that finance the retrofitting of residential, erty assessment financing; Mitigation Incentive Fund of the Depart- commercial, and industrial buildings, facili- (iii) municipal service charges; ment of Commerce. (iv) energy or energy efficiency services ties, and equipment described in subsection AMENDMENT NO. 436, AS MODIFIED contracts; (a)(4), the Secretary may— (v) energy efficiency power purchase agree- ‘‘(A) offer loan guarantees for portfolios of Mr. COBURN. Madam President, as a ments; debt obligations; and matter of right, I ask that my amend- (vi) unsecured loans applying the under- ‘‘(B) purchase or make commitments to ment be modified with the changes I writing requirements of the energy loan pro- purchase portfolios of debt obligations. now send to the desk. Further, I make gram of the Federal National Mortgage Asso- ‘‘(2) TERM.—Notwithstanding section the point that I retain my right to the ciation; or 1702(f), the term of any debt obligation that receives credit support under this subsection floor after the modification is made (vii) alternative contractual repayment under the precedents of the Senate. mechanisms that have been demonstrated to shall require full repayment over a period have appropriate risk mitigation features; not to exceed the lesser of— The PRESIDING OFFICER. The Sen- and ‘‘(A) 30 years; and ator has the right to modify the (C) will provide, in a timely manner, all in- ‘‘(B) the projected weighted average useful amendment. formation regarding the administration of life of the measure or system financed by the The amendment, as modified, is as the program as the Secretary may require to debt obligation or portfolio of debt obliga- follows: tions (as determined by the Secretary). permit the Secretary to meet the reporting (Purpose: To repeal the Volumetric Ethanol ‘‘(3) UNDERWRITING.—The Secretary may— requirements of subsection (i). Excise Tax Credit) (g) USE OF FUNDS.—Funds made available ‘‘(A) delegate underwriting responsibility to States under the program may be used to for portfolios of debt obligations under this At the end, add the following: support financing products offered by quali- subsection to financial institutions that SEC. lll. REPEAL OF VEETC. fied financing entities to eligible partici- meet qualifications determined by the Sec- (a) SHORT TITLE.—This section may be pants for eligible energy efficiency work, by retary; and cited as the ‘‘Ethanol Subsidy and Tariff Re- providing— ‘‘(B) determine an appropriate percentage peal Act’’. (1) interest rate reductions; of loans in a portfolio to review in order to (b) REPEAL OF VEETC.— (2) loan loss reserves or other forms of confirm sound underwriting. (1) ELIMINATION OF EXCISE TAX CREDIT OR credit enhancement; ‘‘(4) ADMINISTRATION.—Subsections (c) and PAYMENT.— (3) revolving loan funds from which quali- (d)(3) of section 1702 and subsection (c) of (A) Section 6426(b)(6) of the Internal Rev- fied financing entities may offer direct this section shall not apply to loan guaran- enue Code of 1986 is amended by striking loans; or tees made under this subsection.’’. ‘‘December 31, 2011’’ and inserting ‘‘the later

VerDate Mar 15 2010 12:22 Jul 11, 2014 Jkt 099102 PO 00000 Frm 00032 Fmt 0686 Sfmt 0634 E:\BR11\S09JN1.001 S09JN1 wreier-aviles on DSK5TPTVN1PROD with BOUND RECORD 8914 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 6 June 9, 2011 of June 30, 2011, or the date of the enactment (A) by striking ‘‘2011’’ and inserting ‘‘the (B) Section 6426(b)(2) of such Code is of the Ethanol Subsidy and Tariff Repeal later of June 30, 2011, or the date of the en- amended by striking subparagraph (C). Act)’’. actment of the Ethanol Subsidy and Tariff (4) EFFECTIVE DATE.—The amendments made by this subsection shall apply to any (B) Section 6427(e)(6)(A) of such Code is Repeal Act’’, and sale, use, or removal for any period after the amended by striking ‘‘December 31, 2011’’ and (B) by adding at the end the following: later of June 30, 2011, or the date of the en- inserting ‘‘the later of June 30, 2011, or the ‘‘After such date ...... zero zero’’. actment of the Act. date of the enactment the Ethanol Subsidy (c) REMOVAL OF TARIFFS ON ETHANOL.— and Tariff Repeal Act’’. (3) REPEAL OF DEADWOOD.— (1) DUTY-FREE TREATMENT.—Chapter 98 of (2) ELIMINATION OF INCOME TAX CREDIT.— (A) Section 40(h) of the Internal Revenue the Harmonized Tariff Schedule of the The table contained in section 40(h)(2) of the Code of 1986 is amended by striking para- United States is amended by adding at the Internal Revenue Code of 1986 is amended— graph (3). end the following new subchapter: ‘‘Subchapter XXIII Alternative Fuels

Rates of Duty Heading/Subheading Article Description 1 2 General Special

9823.01.01 Ethyl alcohol (provided for in subheadings 2207.10.60 and 2207.20) or any mixture containing such ethyl alcohol (provided for in heading 2710 or 3824) if such ethyl alcohol or mixture is to be used as a fuel or in producing a mixture of gasoline and alcohol, a mixture of a special fuel and alcohol, or any other mixture to be used as fuel (including motor fuel provided for in subheading 2710.11.15, 2710.19.15 or 2710.19.21), or is suitable for any such uses ...... Free Free 20%’’.

(2) CONFORMING AMENDMENTS.—Subchapter for Senator BROWN to bring up an (2) IMPLEMENTATION.—The Director of the I of chapter 99 of the Harmonized Tariff amendment. Office of Management and Budget shall de- Schedule of the United States is amended— I yield to him at this time. termine and identify from which appropria- (A) by striking heading 9901.00.50; and The PRESIDING OFFICER. The Sen- tion accounts the rescission under paragraph (B) by striking U.S. notes 2 and 3. ator from Massachusetts is recognized. (1) shall apply and the amount of such rescis- (3) EFFECTIVE DATE.—The amendments Mr. BROWN of Massachusetts. sion that shall apply to each such account. made by this subsection apply to goods en- Madam President, I thank the Senator Not later than 60 days after the date of the tered, or withdrawn from warehouse for con- enactment of this Act, the Director of the sumption, on or after the later of June 30, who spoke before me. Office of Management and Budget shall sub- 2011, or the date of the enactment of this AMENDMENT NO. 405 mit a report to the Secretary of the Treas- Act. Madam President, I ask unanimous ury and Congress of the accounts and CLOTURE MOTION consent that the pending amendment amounts determined and identified for re- Mr. COBURN. Madam President, I be set aside in order to call up amend- scission under the preceding sentence. now send a cloture motion to the desk ment No. 405. (3) EXCEPTION.—This subsection shall not apply to the unobligated funds of the Depart- on the pending amendment. The PRESIDING OFFICER. Is there objection? ment of Defense or the Department of Vet- The PRESIDING OFFICER. The clo- erans Affairs. ture motion having been presented Without objection, it is so ordered. The clerk will report. Mr. BROWN of Massachusetts. Thank under rule XXII, the Chair directs the The assistant editor of the Daily Di- you, Madam President. clerk to read the motion. gest read as follows: The PRESIDING OFFICER. The Sen- The assistant legislative clerk read The Senator from Massachusetts [Mr. ator from Oklahoma. as follows: BROWN], for himself and Ms. SNOWE, proposes AMENDMENT NO. 436, AS MODIFIED CLOTURE MOTION an amendment numbered 405. Mr. COBURN. Madam President, I We, the undersigned Senators, in accord- Mr. BROWN of Massachusetts. want to discuss for a minute the modi- ance with the provisions of rule XXII of the Madam President, I ask unanimous fication to my amendment. Standing Rules of the Senate, hereby move consent that reading of the amendment Corn prices today are at their highest to bring to a close debate on the pending be dispensed with. level since 1974. Corn supply is at its amendment No. 436, as modified, to S. 782. The PRESIDING OFFICER. Without lowest level since 1974. We have tre- Mr. COBURN. I ask unanimous con- objection, it is so ordered. mendous problems with food inflation sent that reading of the names be The amendment is as follows: in this country. What we put forward waived. (Purpose: To repeal the imposition of with- this afternoon is a modification to the Mr. MERKLEY. I object. holding on certain payments made to ven- blending tax credit, as well as the im- The PRESIDING OFFICER. Objec- dors by government entities, and for other port tax fee on ethanol, and we look tion is heard. purposes) forward to that debate as we go for- The assistant legislative clerk read At the end, add the following: ward. as follows: SEC. lll. REPEAL OF IMPOSITION OF WITH- The Federal Government now spends HOLDING ON CERTAIN PAYMENTS $6 billion a year paying over 40 cents a Tom Coburn, Jim DeMint, John McCain, MADE TO VENDORS BY GOVERN- Richard Burr, David Vitter, Kelly MENT ENTITIES. gallon to have ethanol blended, which Ayotte, Scott P. Brown, James E. (a) IN GENERAL.—The amendment made by is already mandated by law that they Risch, James M. Inhofe, Bob Corker, section 511 of the Tax Increase Prevention have to blend it anyway. So this, in es- Michael B. Enzi, Johnny Isakson, John and Reconciliation Act of 2005 is repealed sence, will save $3 billion this year for Barrasso, Lamar Alexander, John Cor- and the Internal Revenue Code of 1986 shall the Federal Government. nyn, Jeff Sessions. be applied as if such amendment had never No. 2 is, it will take significant pres- Mr. COBURN addressed the Chair. been enacted. sure off corn prices, which will lower (b) RESCISSION OF UNSPENT FEDERAL FUNDS The PRESIDING OFFICER. The Sen- food prices both here and abroad. ator from Oklahoma has the floor. TO OFFSET LOSS IN REVENUES.— (1) IN GENERAL.—Notwithstanding any With that, I yield to the Senator Mr. COBURN. Madam President, I other provision of law, of all available unob- from Oklahoma, who wishes to speak ask my colleague, my senior Senator ligated funds, $39,000,000,000 in appropriated as in morning business. from Oklahoma—who I do not think is discretionary funds are hereby permanently The PRESIDING OFFICER. The Sen- on the floor right now—to allow time rescinded. ator from Oklahoma.

VerDate Mar 15 2010 12:22 Jul 11, 2014 Jkt 099102 PO 00000 Frm 00033 Fmt 0686 Sfmt 0634 E:\BR11\S09JN1.001 S09JN1 wreier-aviles on DSK5TPTVN1PROD with BOUND RECORD June 9, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 6 8915 Mr. INHOFE. Madam President, I ask we have been watching what has been maybe the Warner-Lieberman bill or unanimous consent to set aside the happening in the last several months. Waxman-Markey bill or even by regu- pending amendment for consideration Many of the things they have been try- lations, cap and trade, the costs would of the following three amendments: ing to get through, they have been un- be excessive. Nos. 429, 430, and 438. able to get through legislation here on However, my question to her was: If Mr. MERKLEY. Madam President, I the floor of this Senate, so they are we were successful in doing this, would reserve the right to object. trying to do the very things they are this reduce the greenhouse gases? The I ask the Senator if he can hold off unable to get done through legislation answer was no. The reason it would not for a moment. We wish to consult with by regulation. And these are very ex- is because it only applies to the United the chairwoman. pensive. States of America. So if we were going Mr. INHOFE. All right. While I am Right now, we have a problem with to pass a tax increase on every tax-pay- holding off, it is my understanding our economy. We have overregulation ing family in my State of Oklahoma of that some of the rest of them are get- that is killing a lot of the businesses $3,000 a year, and they admit we are ting in the queue, and I am trying to that are out there. What I am trying to not going to get anything for it, then get these three in with the same treat- do is an amendment—and that is what we need to stop them from doing that. ment that has been afforded those be- amendment No. 438 is—to get it into I could do the same thing about the fore me. the RECORD. The bill sets up a com- ozone, the National Ambient Air Qual- AMENDMENTS NOS. 430 AND 438 mittee to assess the effects of the ity Standards. That would be $676.8 bil- Madam President, I amend my pre- EPA’s regulatory mandates, including lion lost in GDP by 2020; the boiler vious request and ask unanimous con- key provisions of the Clean Air Act, MACT rules and regulations, some $1 sent to set the pending amendment the Clean Water Act, and the Solid billion lost in GDP; utility MACT, $184 aside for the consideration of two of Waste Disposal Act. This would include billion in compliance costs. That is the amendments, Nos. 430 and 438. greenhouse gas regulations, Boiler just between the years of 2011 and 2030; The PRESIDING OFFICER. Is there MACT, Utility MACT, ozone and par- the cement MACT, some $3.5 billion. objection? ticulate matter standards, coal ash dis- I am saying this because we need to Without objection, the clerk will re- posal, and water discharge require- have our eyes open and tell the Amer- port. ments. ican people what the cost is of all these The assistant editor of the Daily Di- The assessment includes an evalua- things. This will be done by this gest read as follows: tion of the cumulative effects of the amendment, No. 438, and we will hope- EPA’s mandates on employment, eco- fully be able to get a vote on that. The Senator from Oklahoma [Mr. INHOFE] proposes an amendment numbered 430. nomic development, and this type of COTE D’IVOIRE thing. Madam President, I am going to take Mr. INHOFE. Madam President, I ask It does not otherwise modify or affect a little time on something else that unanimous consent that reading of the the statute. The reason I wish to have has to be said, and that is what I have amendment be dispensed with. this in here is we have now quantified been on the floor six times already The PRESIDING OFFICER. Without what it is costing the American people talking about. The only reason I am objection, it is so ordered. in terms of employment, in terms of continuing to do this is because some- The amendment is as follows: dollars, and just—greenhouse gas, for how the State Department, the French, (Purpose: To reduce amounts authorized to example. We know that the costs, if the United Nations, and all of them be appropriated) they do anything like the cap and seem to be laboring under this mis- On page 27, line 6, strike ‘‘$500,000,000’’ and trade that they have tried to do conception that I will go away and I insert ‘‘$300,000,000’’. through legislation—and that is ex- will not talk about it anymore. The assistant editor of the Daily Di- actly what they are attempting to do I am not going to go away. I am gest read as follows: right now through regulations at the going to keep talking about it. The The Senator from Oklahoma [Mr. INHOFE], EPA—are somewhere between $300 and problem we have right now started for himself, Mr. BLUNT, Mr. JOHANNS, and $400 billion of loss in GDP per year. some time ago. I will share with you Mr. COCHRAN, proposes an amendment num- That is every year. some of the new developments today. bered 438. You can call that a tax increase if We are talking about the rigged elec- Mr. INHOFE. Madam President, I ask you want to because that is exactly tion that took place in Cote d’Ivoire unanimous consent that reading of the what it is, the same as a loss in GDP. and the fact that someone whose name amendment be dispensed with. In my case, in Oklahoma, because it is is Alassane Ouattara—we have dem- The PRESIDING OFFICER. Without confusing when we—and this adminis- onstrated very clearly—won the elec- objection, it is so ordered. tration has been talking about hun- tion by fraudulent means. (The amendment is printed in today’s dreds of billions and trillions of dol- The President of that country is RECORD under ‘‘Text of Amendments.’’) lars. Nobody truly has a handle on Laurent Gbagbo. He has been President Mr. INHOFE. Madam President, I ask what it costs. now for a number of years. His wife, by unanimous consent that I be al- I keep track as to how many families Simone Gbagbo, has been a gracious lowed to speak as in morning business, file tax returns. In my State of Okla- and great First Lady. which I know the Chair will honor. homa, if you take the number of fami- What I wish to do—this is the sev- However, I want to mention one of lies who file tax returns and divide it enth time I have been on the floor talk- these two amendments. I think it is and do the math, that would be some- ing about this—is give you the latest very significant. It is somewhat simi- where around a little over $3,000 per on this grave situation in Cote d’Ivoire. lar, I think, to the amendment offered family if we were to pass a cap-and- I can only say it continues to be a tar- by the senior Senator from Maine. trade regulation. geted genocide against supporters and What it has to do with is these various What is wrong with this? A lot of perceived supporters of the deposed regulations, and actually most of these people are out there saying: INHOFE, President of Laurent Gbagbo. are coming from the Environmental you have been wrong all this time. This will be, as I said, my seventh Protection Agency. Since you are wrong on the—you may time speaking about this on the floor. One of the serious problems we have be wrong or what if you are wrong. My The last time we talked about it was in the committee on which I am the response is this: We have a very fine on April 4. When we first started talk- ranking member, the Environment and Administrator of the Environmental ing about this, we were hoping we Public Works Committee—that is Protection Agency, Lisa Jackson. I can would be able to stop this, the State chaired by Senator BOXER from Cali- remember talking to her about what Department and others from going fornia—we have oversight over the En- would happen if we were to pass any of along with what is going on now in vironmental Protection Agency, and these bills where we are going back to Cote d’Ivoire. I know it is complicated.

VerDate Mar 15 2010 12:22 Jul 11, 2014 Jkt 099102 PO 00000 Frm 00034 Fmt 0686 Sfmt 0634 E:\BR11\S09JN1.001 S09JN1 wreier-aviles on DSK5TPTVN1PROD with BOUND RECORD 8916 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 6 June 9, 2011 A lot of people do not remember the burned and dozens killed. Ouattara’s repub- That is the town in that stronghold genocide in Rwanda of 1994. Now we lican forces justified these acts by saying in the south part of the—you have to look back and say what a horrible they were looking for arms and Liberian keep in mind Ouattara’s forces came event that was. Sure, it was horrible. mercenaries. from the Muslim area up north. But right now what is going on in the They went on to describe this. There Most killings were point-blank execu- streets of Abidjan in Cote d’Ivoire is is an article in Guardian magazine that tions— talked about this. This, again, was a something that has to be raised to the You are seeing a point-blank execu- little over 2 weeks ago. They said ‘‘an surface in front of the American peo- tion. That is what it looks like right Amnesty delegation spent 2 months in ple. I have new information that proves there, the gun to the head. what I have been saying for the last 7 Ivory Coast, gathering more than 100 weeks, that the rebel leader Alassane witness statements from people who Most killings were point-blank executions of youth from ethnic groups generally Ouattara is still carrying out death survived the massacre in Duekoue. aligned with Gbagbo, in what appeared to be squads, killing people in the streets of ...’’ collective punishment for these groups’ par- Abidjan in Cote d’Ivoire. There they That is what this actually is in that ticipation in Gbagbo’s militias. are. That is a death squad. These are small town of Duekoue and the neigh- One man described how Republican Forces the people who are murdering and tor- boring villages on March 29. soldiers killed his 21-year-old brother: ‘‘Two turing people in Abidjan as we speak. All the statements indicated a systematic of them grabbed his legs, another two held I bet there are not a handful of peo- and targeted series of killings committed by his arms behind him, and a fifth one held his ple who even know where Abidjan is. the uniformed republican forces [loyal to head,’’ he said. ‘‘Then a guy pulled out a But this is the city, the capital of Cote Ouattara], who executed hundreds of men on knife and slit my brother’s throat. He was d’Ivoire, a beautiful country. These political and ethnic grounds. screaming. I saw his legs shaking after people, coming in from the north, Before killing them, they asked their vic- they’d slit his throat, the blood streaming tims to give their names, show identity down. As they were doing it, they said they under this Alassane Ouattara, are in cards. . . . Some of these cards were found had to eliminate all of the [Young] Patriots there today. I do not know how many beside the bodies. that had caused all the problems in the coun- hundreds of people they are murdering A woman who lived in Duekoue told re- try.’’ just today, but they are doing it and searchers: ‘‘They came into the yards and During the raid in Abidjan, the they are torturing and they are raping. chased the women. Then they told the men forces, the UN forces, the French and to line up and asked them to state their first Before I tell you the most recent in- Ouattara, they went in—and it happens formation that came out from Human and second names and show their identity that the seated President, President Rights Watch, I wish to remind you of cards. They then executed them. I was Gbagbo, had not a lot of armaments, what I said back on the May 27. That present— but he had a whole lot of young people. was when Amnesty International re- Quoting a woman who was watching They were armed not with weapons but ported that a manhunt—I am quoting her husband— with baseball bats, with wooden clubs, now from Amnesty International—they while they sorted out the men. Three young and they surrounded the palace to try reported that ‘‘a manhunt’’—what I men, one of whom was about 15, were shot to to protect him, knowing they would said right here from this podium. ‘‘A death in front of me.’’ Amnesty’s report also accuses the UN mis- kill their President. This is where they manhunt was launched against Gbagbo sion, which has a base less than a mile from are today. These are the young kids. loyalists in Abidjan and several senior Duekoue, of fatal inertia. officials close to him were beaten in That is in a gas station up here. They ‘‘Fatal inertia,’’ means they did are all lined up there. They are exe- the hours after his arrest.’’ nothing. They let this go on. We are That was 2 weeks ago. I am further cuting some of them, starving, beating talking about the United Nations. the rest of them. But look at that. quoting now from Amnesty Inter- People around here—there are a lot national. ‘‘In the west of the country, There are the pictures of what is going of liberals in this body who do not thousands of people who fled their on. think that anything is worthwhile un- homes are still living in the forest, too These young patriots were young less it comes from some big body such frightened to return.’’ supporters to President Gbagbo, who Look at this. There are the burned, as the United Nations. That is what is surrounded his palace in a human charred bodies of people who have been happening right now. So I wish to go chain, armed with just sticks and bats tortured to death. This just happened. ahead—I know there is someone else on against the UN and French attack heli- This is going on today, right now. Here the floor who wants to speak, but I just copters, which were bombing Gbagbo’s is a man who was severely beaten. He want to be sure we are informed that residence, now being searched out by died right after that. Here is a small what was going on then—what I talked Ouattara’s forces for torture and death. child who was put to death in the same about 2 weeks ago—is still happening The report goes on. This report came way. Here they are in the middle of today. out today. executions. That is going on right now. What happened today? The newly re- Another woman who witnessed the killing Gaetan Mootoo, who is Amnesty leased report by Human Rights Watch of 18 youths . . . was brutally raped by a Re- International’s west Africa researcher, states—this is a different group from publican Forces soldier after being forced to said: Amnesty International and this came load their vehicles with pillaged goods. On Human rights violations are still being out today: May 23, an elderly man in the same neigh- committed against real or perceived sup- Armed forces loyal to President Alassane borhood saw Republican Forces execute his porters of Laurent Gbagbo. Alassane Ouattara have killed at least 149 real or per- son, whom they accused of being a member Ouattara’s failure to condemn these acts can ceived supporters of the former President of the pro-Gbagbo militia. be seen as a green light by many of his secu- Laurent Gbagbo since taking control of the Another witness described seeing the Re- rity forces, and other armed elements fight- commercial capital of Abidjan in mid-April, publican Forces slit the throat of a youth in ing with them, to continue. Ouattara must 2011. front of his father after finding an AK–47 and grenade in his bedroom during a 4 a.m. publicly state that all violence against the The report goes on to describe the civilian population must stop immediately. house-to-house search. The witness was gruesome details, barbaric episodes of stripped and forced to hand over his laptop That is what the mandate was 2 torture and the deaths at the hands of computer, cell phones, and money. weeks ago. That is what they were sup- the Ouattara forces. This is happening And was murdered. posed to do 2 weeks ago. They went on today—right now. Here are a few exam- to say from Amnesty International: Human Rights Watch documented similar ples. This is from Human Rights pillaging of scores of houses in Abidjan. Attacks against villages inhabited by peo- Watch. By the way, I personally talked to ple belonging to ethnic groups considered Ouattara’s Forces . . . sealed off and supporters of Gbagbo— searched areas formerly controlled by pro- these people in Abidjan who witnessed The legitimate President— Gbagbo militia . . . and the majority of doc- this going on. continued in the first weeks of May. . . . Be- umented abuses occurred in the longtime The witness, like many others interviewed tween 6 and 8 May several villages were pro-Gbagbo stronghold of Yopougon. by Human Rights Watch, wanted to flee

VerDate Mar 15 2010 12:22 Jul 11, 2014 Jkt 099102 PO 00000 Frm 00035 Fmt 0686 Sfmt 0634 E:\BR11\S09JN1.001 S09JN1 wreier-aviles on DSK5TPTVN1PROD with BOUND RECORD June 9, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 6 8917 Abidjan to his family village, but had no I strongly suggest that is a solution. date on which the Secretary of Housing and money for transportation since the Repub- It has been done before. It was done in Urban Development receives from the Census lican Forces had taken everything. Haiti with ‘‘Baby Doc’’ Duvalier. I Bureau the data obtained from each decen- Human Rights Watch says it documented know people are tired of hearing me nial census relating to census tracts, the 54 extrajudicial executions at detention Secretary of Housing and Urban Develop- sites, including police stations and the talk about Cote d’Ivoire. ment shall identify census tracts that meet GESCO oil— I had a pleasant experience yester- the requirements of section 42(d)(5)(B)(ii) of That is the station we just now saw. day. I met the nominee for the Under the Internal Revenue Code of 1986 (deter- Those were the executions of the young Secretary of State for Political Affairs, mined without regard to Secretarial designa- kids taking place. Bill Burns. I had a chance to visit with tion) and shall deem such census tracts to be qualified census tracts (as defined in such In addition to the killings— him about this and other problems. I found him to be very receptive. I am section) solely for purposes of determining I am reading now— convinced he embodies the high tradi- which areas qualify as HUBZones under sec- Human Rights Watch interviewed young tions of the foreign service—selfless, tion 3(p)(1)(A) of the Small Business Act (15 men who had been detained by the Repub- nonpartisan diplomatic service. He in- U.S.C. 632(p)(1)(A)). lican Forces . . . and arrested for no other (b) EFFECTIVE DATE.—The Administrator of apparent reason than their age and ethnic dicated to me he will follow through the Small Business Administration shall des- group. Nearly every former detainee de- with my requests of the State Depart- ignate a date that is not later than 3 months scribed being struck repeatedly with guns, ment regarding the health and well- after the date on which the Secretary of belts, rope, and fists . . . for alleged partici- being of the Gbagbos. I appreciate that. Housing and Urban Development identifies pation in the Young Patriots. I will finish by letting you see a qualified census tracts under subsection (a) Those were the young people sur- photo of the two Gbagbos. Here is the as the effective date for areas that qualify as rounding the palace. President, Laurent Gbagbo, who I be- HUBZones under section 3(p)(1)(A) of the Several described torture, including forc- lieve should be the legitimate Presi- Small Business Act (15 U.S.C. 632(p)(1)(A)). ibly removing teeth from one victim and dent of Cote d’Ivoire. The first photo (c) RULE OF CONSTRUCTION.—Nothing in this section may be construed to affect— placing a burning hot knife on another vic- was a happy guy I knew. This next tim, then cutting him. (1) the date on which a census tract is des- photo was him right after they took ignated as a qualified census tract for pur- Human Rights Watch reports ‘‘wit- him. This side of his face is bashed in. poses of section 42 of the Internal Revenue nesses consistently identified the kill- His wife is a beautiful lady, Simone. Code of 1986; or ers and abusers as the Republican Here is a picture of her. I have known (2) the method used by the Secretary of Forces’’ of Ouattara, and they were her for over 15 years. She is a gracious Housing and Urban Development to des- ‘‘overseen’’ by Ouattara and Soros. lady and everybody loves her. After ignate census tracts as qualified census Soros is a general of Ouattara. He is Alassane Ouattara took her, here is tracts in a year in which the Secretary of the one who is responsible for going what she looked like. They ripped her Housing and Urban Development receives no into Duekoue. That is where they mur- data from the Census Bureau relating to cen- hair out by the roots and went dancing sus tract boundaries. dered all the people. The Soros they up and down the streets of Abidjan Mr. MERKLEY. I yield the floor. speak of is the one who was responsible with the hair. You have to use your The PRESIDING OFFICER. The Sen- for that under the supervision and di- imagination. rection of Ouattara. This is what is going on today in ator from Arizona. So the Human Rights Report calls on Cote d’Ivoire. There they are, the death AMENDMENT NO. 441 TO AMENDMENT NO. 436, AS Ouattara ‘‘to immediately ensure the squad, and there is the First Lady, MODIFIED humane treatment of anyone detained’’ Simone. Mr. MCCAIN. Madam President, I call by his forces. This is something I have The last thing is that I hope some- for the regular order on amendment been demanding for 7 weeks. I hope body in the State Department cares No. 436, as modified, and send a second- now this report is going to draw atten- enough to intervene and allow that degree amendment to the desk. tion so at least the State Department party to go into exile. There is already The PRESIDING OFFICER. The Sen- knows what is going on because our an operation for that. Almost every ator has the right to call for the reg- State Department is going along with President of every African country who ular order. all of this. They had an opportunity to called me is in agreement to what we The clerk will report. voice their opinions and come up with are trying to do. The bill clerk read as follows: a solution. The solution is to offer am- I yield the floor. The Senator from Arizona [Mr. MCCAIN] nesty or to send him to a country AMENDMENT NO. 427 proposes an amendment numbered 441 to where he will be able to live. Mr. MERKLEY. Madam President, I amendment No. 436, as modified. I have been very critical of the State ask unanimous consent to set aside the Mr. MCCAIN. I ask unanimous con- Department’s handling of the situation pending amendment, and I call up sent that reading of the amendment be in Cote d’Ivoire. I sent them evidence amendment No. 427. dispensed with. months ago that showed Alassane The PRESIDING OFFICER (Ms. KLO- The PRESIDING OFFICER. Without Ouattara engaged in massive election BUCHAR). Is there objection? Without objection, it is so ordered. fraud during last year’s Presidential objection, it is so ordered. The amendment is as follows: election. I called for an election and The clerk will report. (Purpose: To prohibit the use of Federal then a new election. Of course, it was The assistant legislative clerk read funds to construct ethanol blender pumps met with deaf ears. I called on the as follows: or ethanol storage facilities) State Department to inquire as to the The Senator from Oregon [Mr. MERKLEY] At the appropriate place, insert the fol- health and safety of President Gbagbo proposes an amendment numbered 427. lowing: and his wife Simone. To date, we have Mr. MERKLEY. Madam President, I SEC. ll. PROHIBITION ON USE OF FEDERAL heard nothing. ask unanimous consent that reading of FUNDS TO CONSTRUCT ETHANOL Last year, I urged the State Depart- BLENDER PUMPS OR ETHANOL the amendment be dispensed with. STORAGE FACILITIES. ment to use its power and influence The PRESIDING OFFICER. Without Effective beginning on the date of enact- and allow the reconciliation process in objection, it is so ordered. ment of this Act, no funds made available by Cote d’Ivoire by allowing Gbagbo to go The amendment is as follows: Federal law (including funds in any trust into exile. I pointed out that at least (Purpose: To make a technical correction to fund to which funds are made by Federal half of the population of Cote d’Ivoire the HUBZone designation process) law) shall be expended for the construction supports Gbagbo. I acknowledged one At the end, add the following: of an ethanol blender pump or an ethanol African leader who is willing to accept SEC. ll. IDENTIFICATION OF QUALIFIED CEN- storage facility. Gbagbo in his country—a Sub-Saharan SUS TRACTS BY THE SECRETARY OF Mr. MCCAIN. Madam President, I HOUSING AND URBAN DEVELOP- African country. The State Depart- MENT. thank my friend from Illinois for al- ment has been aware of this for over a (a) DESIGNATION OF QUALIFIED CENSUS lowing me to do that. I appreciate it month. TRACTS.—Not later than 2 weeks after the and yield the floor.

VerDate Mar 15 2010 12:22 Jul 11, 2014 Jkt 099102 PO 00000 Frm 00036 Fmt 0686 Sfmt 0634 E:\BR11\S09JN1.001 S09JN1 wreier-aviles on DSK5TPTVN1PROD with BOUND RECORD 8918 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 6 June 9, 2011 Ms. MIKULSKI. Madam President, tracks, my grandfather, along with need to make sure our community yesterday I voted for the Tester small businesses in the area, got to- banks and credit unions—the institu- amendment on debit card interchange gether to start a savings and loan to tions where Marylanders have savings fees. This amendment would give the serve the community. They lent to accounts and where the teller knows Federal Reserve more time to study small businesses that didn’t have ac- their name and their family—are not the impact of proposed debit card fee cess to credit and they lent to women swallowed up by the sharks and the regulations on consumers and the com- when no one else would. whales on Wall Street. munity banks and credit unions that When the tough times came in the I want to see that consumers are serve them. Great Depression this savings and loan treated fairly in the debit card market- I vigorously support the intent of the was there so people didn’t lose their place. I want to be sure that the good original Durbin amendment, and I homes. They refused to foreclose on guy community banks and credit thank Senator DURBIN for working to homes and businesses. If you paid a unions—and the customers who rely on bring an end to the gouging and the nickel a week on your mortgage, you them—are not harmed by the unin- profiteering at the largest banks. were considered current. tended consequences of these regula- My No. 1 priority is consumers. I Later, in the heart of the African- tions. have always made sure I was on the American community in Baltimore, That is why I voted for the Tester side of consumers and Main Street and when there was no access to credit, amendment: to give the Federal Re- against unfair and abusive practices on community members would be targeted serve the additional time it needs to fi- Wall Street. I have a deep suspicion of by Happy Harry. And why was Harry nalize its regulations so that con- how big banks treat the little people happy? Because he charged 18 to 20 per- sumers, community banks, and credit and what they do with the little peo- cent interest for a loan and knew his unions are protected. ple’s money. customers had nowhere else to turn. Ms. SNOWE. Madam President, I rise I voted for the original Durbin So I worked with the Parish Council today to discuss a bipartisan amend- amendment during the debate over the at St. Gregory’s Church to establish a ment I have filed to S. 782, the Eco- Wall Street reform bill because some- credit union so that there would be ac- nomic Development Revitalization Act thing had to be done to rein in these cess and to end the scamming, the of 2011. This amendment, the Small hidden fees that kept rising and ris- scheming, and the gouging. Business Contracting Fraud Prevention ing—and getting passed on to con- As a Senator, I continued these Act of 2011, is cosponsored by Senators sumers. The amendment included an fights. When I heard that innocent peo- MCCASKILL, GRASSLEY, HAGAN, COL- exemption for banks with less than $10 ple in Maryland and across the country LINS, MERKLEY, and ENZI. billion in assets to ensure that only the were being gouged and ripped off, I In the past year, the Government Ac- largest banks would be affected. vowed to stop it. I helped create a flip- countability Office, GAO, has identi- Since then, the community banks ping task force in Baltimore that was fied vulnerabilities and abuses in vir- and credit unions in my State tell me to be a model for the Nation. tually all of the SBA’s contracting pro- that they are afraid that the current In 2003, after hearing that the Fair- grams, including the 8(a) Business De- $10 billion exemption for debit card banks Capital Corporation was threat- velopment Program, the Historically issuers will not protect them and that ening a number of Marylanders with Underutilized Business Zone, they will be forced to stop services, foreclosure, I called for a Federal in- HUBZone, program, and the Service- charge consumers new fees, or risk the vestigation of Fairbanks. The company Disabled Veteran-Owned small busi- stability of their institution if they are paid $40 million into a restitution fund ness, SDVOSB, program. Our amend- not adequately protected from the so victims could get their money back ment attempts to remedy the spate of debit card fee limit. I take these con- and innocent homeowners could get illegitimate firms siphoning away con- cerns very seriously. their good name back. tracts from the rightful businesses try- In this fragile economy, we have to And in 2009, I put funding in the Fed- ing to compete within the SBA’s con- be very careful about the stability of eral checkbook to help the FBI inves- tracting programs. our community banks and our credit tigate mortgage fraud so that they can As ranking member of the Senate unions. Often, they are the only ones have the resources to help stop the Committee on Small Business and En- lending to our neighbors and small scamming, the scheming, and the trepreneurship, I take very seriously businesses. And making sure that gouging. our responsibility of vigorous over- Americans in the middle class are not I said during the debate over the Wall sight. That is why, last December, Sen- denied access to these institutions is Street reform bill that we had gotten ator LANDRIEU and I sent a letter to consumer protection, too. into a financial situation where we the SBA highlighting the recent press After careful consideration, I am vot- bailed out the big banks. We bailed out headlines and GAO reports of fraud and ing for Senator TESTER’s amendment. I the whales, we bailed out the sharks, abuse that have plagued the agency’s want to ensure that consumers are not and we had left the people in the com- contracting programs. That letter stat- hurt by unintended consequences of munity, the little minnows, to swim ed unequivocally that our committee’s well-intentioned regulations. That is upstream and be on their own. first priority this Congress is ensuring why I call for more study. It is the pru- When I traveled around my State that all of the SBA’s contracting pro- dent thing to do. But I recognize that that summer, in diners and dry clean- grams are running efficiently, effec- delay can be a tool to derail, and my ers, I heard anger and frustration in tively, and free of exploitation. Adopt- intent is not to derail. We must be pru- people’s voices. They watched Wall ing this critical small business legisla- dent, but we also must be prompt. Let Street mortgage brokers profit off irre- tion is an effective first step at ensur- me be clear, I will not let this drag on sponsible lending while their husbands ing all small businesses are competing indefinitely. If, at the end of 12 work an extra shift to make sure they fairly and honestly within the Federal months, this issue is not resolved—I could make the monthly mortgage pay- marketplace. will urge the Fed to act quickly and ment. And they watched big firms take The SBA has begun to take positive support legislation to force action. very risky gambles with their money steps to address issues of fraud, but re- I have a long history on this issue. without any regulation. ports continue to surface showing addi- My family has fought for generations We need to put government back on tional tools are needed. As recently as to protect consumers and expand ac- the side of the middle class. The banks Saturday, March 12, the Washington cess to credit. got their bailout; how about we make Post, as part of an ongoing investiga- Before the stock market crash in sure we protect the middle class tion, published an article titled, ‘‘D.C. 1929, when banks in downtown Balti- against fraud, duplicity, and gouging? insiders can reap fortunes from federal more wouldn’t lend to people who they But we don’t just need effective regu- programs for small businesses.’’ This regarded as on the wrong side of the lations to keep Wall Street in line. We article states ‘‘Government officials

VerDate Mar 15 2010 12:22 Jul 11, 2014 Jkt 099102 PO 00000 Frm 00037 Fmt 0686 Sfmt 0634 E:\BR11\S09JN1.001 S09JN1 wreier-aviles on DSK5TPTVN1PROD with BOUND RECORD June 9, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 6 8919 were not monitoring contracts for com- If you are lucky—really lucky—you I go back on Fridays to Springfield, pliance with rules.’’ The report exposes will have some extraordinary people and I usually have a couple of thank- a glaring deficiency in contract over- working for you who cover you with yous on my desk, and they always re- sight. Moreover, an SBA spokesperson glory every single day—even when you late to staffers who have done a good is quoted as saying the SBA ‘‘long ago don’t know it. job. Usually Betty’s name is on them. I transferred that authority to the Pen- I started in politics and was lucky to can’t count the number of people who tagon and other agencies.’’ This hands- have two early mentors. As a college have written me about the work she off attitude is unacceptable, and as I student, the Senator who held this has done. They say: Thank you for told the SBA Deputy Administrator at seat, Paul Douglas, inspired me to take helping me. I greatly appreciate it. It a recent Small Business Committee an interest in government. Later, there is good to be able to pay my bills and hearing, the ultimate authority for was a man he introduced me to, Paul take care of my kids, and a special monitoring fraud lies with the SBA. Simon, whom I succeeded in the Sen- thanks to Betty Hamilton. This amendment contains rec- ate. I spent more time with Paul I know Betty worries some nights ommendations both from the SBA in- Simon, and he truly was my mentor. I about the people she tried to help. She spector general and the GAO for com- inherited many of my good habits from has come in on many Saturdays to bating these reports of fraud and ad- him. write one more letter or make one dresses vulnerabilities in the Service- I also inherited something else. I in- more call she thinks might help. Just Disabled Veteran-Owned small business herited one of his biggest fans and last week she helped someone in my program, the HUBZone program, and hardest workers, who came on my State collect $31,000 in disability pay- the 8(a) program. Additionally, the bill staff. Her name is Betty Hamilton. She ments that had been incorrectly denied will work to change the culture at SBA first had her brush with public service them. to make the process of suspensions and in 1984 when she volunteered to work Like most people who grew up in St. debarments more transparent. on the Senate campaign of Paul Simon. Louis, Betty is a die-hard St. Louis In order to effectively execute the Paul had a way of bringing out the best Cardinals baseball fan. So she knows small business contracting programs, in people and bringing the best people what I mean when I say I consider the SBA needs a comprehensive frame- into politics. Betty sure fit the bill. Betty Hamilton the Stan Musial of work to provide effective certification, In that first campaign, Betty used to casework. Like Stan the Man, who continued surveillance and monitoring, pull her two toddlers, Will and Ben, in played for the Cardinals for 22 years, and robust enforcement throughout the a little wagon as she walked door-to- she has worked for me for two decades. SBA’s contracting portfolio. This bill door in her neighborhood, knocking on Like him, she is a modest person, and aims to increase criminal prosecutions doors and dropping campaign literature like Stan Musial, Betty has compiled a as well as suspension and debarments for Paul Simon. She was part of an long and consistent record of success for businesses found to have attained army of volunteers who helped Paul that is likely to remain unbroken for a contracts through fraudulent means, score an upset victory in a very tough very long time. and requires the SBA to submit a re- year, politically. Later, she signed on Betty didn’t take to government ini- port to Congress annually detailing the as volunteer coordinator and office tially. She has a master’s degree in specific data on all suspensions, manager for Paul Simon’s reelection horticulture. Four years ago, she and debarments, and cases referred to the campaign. her husband John, then retired from Department of Justice for criminal After that election, Betty joined my the State of Illinois, decided they prosecutions. staff when I was still in the House of would buy a farm near Springfield My amendment provides the SBA Representatives. She has been with me where they could raise produce—some more stringent oversight capacity ever since. of the best green beans and tomatoes across all the SBA contracting pro- Betty works in casework. It sounds you ever tasted. You could find them grams. It is SBA’s duty to utilize every simple and routine, but it is not. Most at the Springfield Farmers’ Market fraud prevention measure at its dis- of her work is with senior citizens. If downtown on Wednesdays and Satur- posal and this amendment puts the an older person in southern Illinois days. I know, I have seen them there tools in place to punish the bad actors calls my office because they are having the last two Saturdays. Don’t miss that have infiltrated the SBA con- a problem with Social Security or their stand; it is the best. That is tracting programs. Medicare or some other Federal pro- where I am going to be able to see her The PRESIDING OFFICER. The Sen- gram or agency, Betty most often from now on. ator from Illinois. takes that call. Betty is retiring from my office, and The people she works with often have f I will miss her. More importantly, the no place else to turn. They can’t afford people who have had her fine public MORNING BUSINESS lawyers. They just need someone who service will miss her too. We are going Mr. DURBIN. Madam President, I ask cares and who is competent. Maybe to miss her greatly. unanimous consent that the Senate they have been incorrectly denied f proceed for a period of morning busi- Medicare or disability payments or ness, with Senators permitted to speak some other benefits they are entitled BEST WISHES TO SARA FROELICH therein for up to 10 minutes each. to, and they have tried but cannot cut Mr. DURBIN. Madam President, back The PRESIDING OFFICER. Without through the bureaucracy to resolve in the year 2000, my wife Loretta and I objection, it is so ordered. their problems. Many of them are des- went to the Democratic Convention in f perate. Some have spent every penny Los Angeles, and we ran into a young they have ever saved and have nothing college coed from Illinois. She was a THANKING BETTY HAMILTON left. They are on the verge sometimes student at Wesleyan University in Mr. DURBIN. Madam President, I of even losing their homes. Bloomington, IL—originally from the think most of us involved in public life Betty Hamilton listens to them and Twin Cities of Minnesota. At that realize that few people meet us and she gets to work making phone calls, time, her name was Sara Nelson. many more people meet those who rep- writing letters, sending e-mails, trying Sara Nelson had a class assignment resent us. That is why if you are a suc- to make the wheels of government turn to cover the convention for a weekly cess as a Congressman or Senator or as the way they should. She is an advo- newspaper in Illinois. She was out an elected official, you really have to cate for fairness and good government. there sleeping on the floor of some- rely on the people who work for you, Over the years, Betty has talked with body’s apartment and wandering who time and again will represent you. more than 8,000 people in Illinois. They around trying to write a story for a Their approach, their sense of caring, are the lucky ones. She has saved hun- weekly newspaper. She was a bright- their promptness, their courtesy will dreds of people from losing their smiling young woman, and Loretta and reflect on you. homes. She has given them hope. I liked her instantly.

VerDate Mar 15 2010 12:22 Jul 11, 2014 Jkt 099102 PO 00000 Frm 00038 Fmt 0686 Sfmt 0634 E:\BR11\S09JN1.001 S09JN1 wreier-aviles on DSK5TPTVN1PROD with BOUND RECORD 8920 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 6 June 9, 2011 As fate would have it, we ended up on the course of the years she has worked has the support of business leaders the same plane flying back to Chicago for me. from across the country, such as when the convention had ended. We Loretta and I wish Sara and John and Rupert Murdoch and the CEOs of com- landed at Midway late, and as Loretta Naomi the very best and thank them panies such as Microsoft and Pfizer. and I were leaving the baggage section, for the wonderful years of service they The talented young people who would we saw Sara Nelson sitting on her bag have given to me and the State of Illi- be eligible for the DREAM Act call by the curb. We said: Sara, where are nois. themselves Dreamers. When I first em- you going? f barked on this mission 10 years ago, She said: I missed my bus down to they used to kind of hold back in the THE DREAM ACT Bloomington—which is a little over 100 shadows of a meeting, kind of whisper miles away—and I have to wait for one Mr. DURBIN. Madam President, 2 to me as I went by that they would be that will come later tonight. years ago, I embarked on a legislative saved if the DREAM Act were passed. I said: You’re in luck because Loretta mission to pass a bill called the Well, now they are stepping forward, and I are driving down there. Get in DREAM Act. The purpose of the and I am glad they are, so America can the car. DREAM Act was to give to young peo- see who they are. She hopped in the car with us, and we ple who came to this country as chil- Every day these Dreamers contact drove down to Bloomington. dren, and who were raised in the my office to tell me their stories. During the course of the trip, we got United States, who have graduated These stories have energized me to to know her and liked her even more. high school, who have done a well and keep up the fight. The last time we had She told us how much she loved poli- made a good life in this country, a a vote on this act on the Senate floor tics and government and that she was chance to become legal residents in the was last December. We had a majority. soon going to graduate from Illinois United States of America. They are But when it comes to controversial Wesleyan University. long-term U.S. residents. They have issues, it takes 60 votes. I want to take So I said: Why don’t you call me good moral character. They have grad- this up again and give these young peo- sometime. Maybe you can be an intern uated high school, and we say: If you ple a chance. in my office. will complete at least 2 years of college I want to tell you about two of these She agreed. She was not only an in- and military service in good standing, DREAM Act-eligible people. tern, she was one of the best. As soon we will give you a chance to become Herta Llusho was brought to the as she graduated, we hired her. A year legal. United States from Albania when she later, she was promoted to handle im- There are thousands of young people was 11. She and her mother settled in migration and citizenship casework, who fit this description in the United Grosse Pointe, MI, a suburb of Detroit. and she did a great job. Then there was States. They were brought here as Herta came here legally, but shortly an opportunity for her to work as my kids. If their parents came to the after arriving, Herta’s mother filed an application to stay in the United deputy director for the entire United States and overstayed a visa or States. downstate portion of Illinois. This was crossed the border when they shouldn’t Herta quickly learned English and in 2006. have, these children shouldn’t be held became an academic star. She grad- So Sara Nelson took off and became accountable. They were children. We uated from Grosse Pointe South High my representative, going all over the don’t hold children accountable for any School with a 4.05 grade point average. State and speaking for me at meetings wrongdoing by their parents. They In high school, she was a member of and representing me and working on grew up here, they pledge allegiance to the varsity track team, won an Ad- projects as important as the new court- the flag in their classrooms here, they vanced Placement Scholar Award, and house in Rockford, IL, and the new sing our national anthem, and many of was a member of the National Honor bridge across the Mississippi River con- them speak no other language other Society. necting Granite City with downtown than English. Here is a picture of Herta at gradua- St. Louis. There was no project too The purpose of the DREAM Act is tion. Herta is currently a junior at the daunting for her. She took them on. that we should not punish children for University of Detroit Mercy, where she In the meantime, to nobody’s sur- their parents’ actions. That is not the is an honors student studying to be an prise, she found the person she wanted American way. Instead, the DREAM electrical engineer. She has a grade to marry, John Froelich. She and John Act says to these students: America is point average of 3.98 and has completed got married several years ago, and we going to give you a chance, a chance to two internships at engineering firms. went to the wedding—a beautiful continue living here and to make this She is also very involved in the com- event. Her family came down from an even better nation. munity, volunteering at homeless shel- Minnesota, and the two of them were The DREAM Act is not just the right ters, tutoring programs, and her perfect. John was in medical school thing to do, it makes America a better church. Listen to what one of her studying to be an orthopedic surgeon. country. The young people who would friends says about Herta: Lo and behold, shortly, about a year or qualify for the DREAM Act are class I am humbled by Herta’s willingness and so after that, along comes baby Naomi. valedictorians, star athletes, honor roll desire to serve. I have had the privilege of I cannot tell you how much she loves students, and ROTC leaders. They are going to the same church at which she faith- that baby. She replaced politics, soc- the future doctors, soldiers, computer fully serves. She spends hours tutoring kids cer, and the World Cup in her list of scientists, and engineers who will and volunteering with the junior high Sun- most important things. I see Sara out make this country even better. day school class. It is a joy to watch so many children run up to her at church because of in the park on weekends pushing the The DREAM Act would strengthen the love they receive when they are with her. stroller, sometimes running behind it our national security by giving thou- In 2009, after 9 years of legal pro- with little Naomi giggling along the sands of highly qualified, well-educated ceedings and deportation proceedings, way. young people the chance to enlist in here is what Herta said about being There is some good news for Minneso- the Armed Forces. The DREAM Act placed in deportation. tans and bad news for Illinois as this has the support of not only Secretary story comes to an end. John Froelich is I was shocked. My friends are here, my of Defense Robert Gates but also GEN education is here, my community is here. All a medical student and will start his fel- Colin Powell. of a sudden, I was asked to leave behind ev- lowship at Mayo Clinic in Rochester in The DREAM Act will help our econ- erything I know and go back to a country I a few weeks, so Sara and Naomi and omy by giving these talented young barely know. When I lived there, I was little, John are moving on. I will miss her. people the chance to become engineers so I don’t remember much and I barely speak She has been a terrific asset on my and entrepreneurs, doctors, lawyers, Albanian any more. staff and a terrific person. She is a teachers, small business owners, and Herta’s community rose to her de- great mom and has been a great ally in nurses. That is why the DREAM Act fense. Thousands of people signed an

VerDate Mar 15 2010 12:22 Jul 11, 2014 Jkt 099102 PO 00000 Frm 00039 Fmt 0686 Sfmt 0634 E:\BR11\S09JN1.001 S09JN1 wreier-aviles on DSK5TPTVN1PROD with BOUND RECORD June 9, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 6 8921 online petition to stop her deportation. nursing. I have been dreaming of being a submit to Congress proposed legisla- Last year, the Department of Home- nurse for the past 7 years since I earned my tion to respond to that warning. land Security granted Herta a 1-year nursing license. Once the DREAM Act What does all this mean? We know stay—just 1 year. The Department is passes, I will join the military in hopes of the Medicare trustees made the situa- making up the lost time and serve the coun- tion clear that Medicare will run out of now considering whether to delay it for try I call home as a nurse. another year. I sincerely hope they money by the year 2024. Medicare’s un- will. Do we need more nurses in America? funded liabilities are more than $24 Would it be a good use of taxpayer Of course, we do. In fact, the United trillion and growing. In other words, dollars to deport Herta? Of course not. States imports thousands of foreign- there is a $24 trillion gap between the There is so much discussion in America trained nurses each year to meet the promises the U.S. Government has today about what we need from our needs of our country. What is wrong made to seniors and the funding to pay young people for America to succeed in with this picture? This young lady has for it. Of course, as the Chief Actuary the future in the so-called STEM a master’s degree in nursing from the stated, this is actually an optimistic fields—science, technology, engineer- University of Texas. I am sure my col- scenario, that we can fund Medicare ing, and math. Every year we issue league on the Senate floor would ac- through 2024. thousands of H–1B visas to bring for- knowledge that is one of the most The President of the United States eign workers to the United States in highly regarded universities in Amer- has failed to comply with this law duly the STEM fields. ica. She has this master’s degree, and passed by Congress and signed into law. Herta is a straight-A student in elec- they are planning to deport her. If they I do not really know why the President trical engineering, a STEM field. She do, she will probably cross paths in the has failed to meet this legal responsi- doesn’t need an H–1B visa. She is a airport with a nurse coming here from bility of the law. I hope it is an over- homegrown American talent. Why in some foreign country on a work visa to sight, and I hope it is one he will cor- the world would we create a law to work in our hospitals. That isn’t fair, rect shortly. Having no plan while the allow someone who has never lived in it isn’t smart, and it just doesn’t make President has criticized the House for the United States to come here and le- sense. the plan they passed is bad enough, but gally reside to become an electrical en- The DREAM Act would give Julieta failing to submit a plan when the gineer and tell Herta, who has lived the chance to serve the America she President of the United States is re- here all of the life she remembers, she loves, the America she calls home. quired to do so by law is a violation of has to leave? That is just plain wrong. I first introduced the DREAM Act in the law, something the President has Herta came to Capitol Hill to speak 2001. Since then I have met so many taken an oath to uphold. at a briefing I sponsored for the immigrant students who would qualify, There is no doubt about it, section DREAM Act, and this is what she said. such as Herta Llusho and Julieta 802 entitled ‘‘Presidential Submission I’m a typical story. There are thousands of Garibay. They are Americans in their of Legislation’’ uses the word ‘‘shall.’’ stories out there just like mine. Please sup- hearts. They are willing to serve our It is not ‘‘may,’’ it is not ‘‘can,’’ and it port the DREAM Act so students like me country and to make it a better place. is not ‘‘it would be a good idea.’’ It says don’t have to leave. We are worth it. This is the President shall submit to Congress, a country we have come to love. We have to give them a chance. I ask my colleagues: Please, in your within a 15-day period beginning on the Herta is right. She and thousands of heart of hearts, think about the fair- day the budget submission to Congress others are worth it. They have so much ness and justice behind this legislation. is made, proposed legislation respond- to contribute to America if we just Let’s support and pass the DREAM ing to this Medicare funding warning. give them a chance. March 1 marked the day 15 since the Let me introduce you to one other Act. It is the right thing to do. It will make America a stronger nation. President submitted his budget, and student. This is Julieta Garibay. the Medicare trustees, as we all know, Julieta was brought to the United Madam President, I yield the floor. The PRESIDING OFFICER. The Sen- have been ringing the alarm bell for States in 1992 at the age of 1. She grad- years. But, unfortunately, this is not uated from the University of Texas ator from Washington. Mrs. MURRAY. Madam President, I the only provision of the law the Presi- with a bachelor’s degree in nursing. dent has neglected. She was on the dean’s list and the ask unanimous consent that following my remarks, the Senator from Texas, We could talk about the Greek debt president’s honor roll and volunteered crisis. On Tuesday, the President Mr. CORNYN, be recognized. more than 500 hours at hospitals in talked about the Greek debt crisis in a Dallas and Austin. Julieta went on to The PRESIDING OFFICER. Without objection, it is so ordered. joint press conference with Angela earn a master’s degree at the Univer- Merkel, the Chancellor of Germany. sity of Texas in public health nursing. The Senator from Washington is rec- ognized. This is what the President said about She is a member of Sigma Theta Tau, the Greek debt crisis: Mrs. MURRAY. I thank the Chair. the international Honor Society of We have pledged to cooperate fully in (The remarks of Mrs. MURRAY per- Nursing. She has been a registered working through these issues on a bilateral nurse since 2004. taining to the introduction of S. 1166 basis but also through international and fi- Here is the problem. Julieta is un- are located in today’s RECORD under nancial institutions like the International documented. She cannot legally work ‘‘Statements on Introduced Bills and Monetary Fund. in the United States of America. Let Joint Resolutions.’’) Obviously, Greece has suffered a debt me tell you something else about The PRESIDING OFFICER. The Sen- crisis. They have the International Julieta. She is married to SSG Armen ator from Texas. Monetary Fund, funded by various na- Weinrick, who serves in the U.S. Air f tions, to bail them out. Unfortunately, Force Reserves. Here is a picture of when the United States has a debt cri- MEDICARE Julieta and Staff Sergeant Weinrick at sis, if we do nothing about it, there will Julieta’s graduation. Staff Sergeant Mr. CORNYN. Madam President, I be no one left to bail us out. Weinrick is currently awaiting deploy- wish to speak briefly today about The problem with the statement of ment. He will go overseas to defend our Medicare, about the law, and specifi- the President about the International country, but while he is gone serving cally a law that Congress passed in 2003 Monetary Fund is that the Congress America, his wife could be deported. which provided for something called has also spoken on that issue. Senator That is just plain wrong. the Medicare trigger. This provided VITTER and I sponsored an amendment Julieta sent me a letter, and here is that when the Medicare trustees would last summer that was incorporated what she said about her dreams for the indicate that a Medicare funding warn- into the so-called Dodd-Frank Act or future. ing should issue according to that law, the financial services regulatory re- I desperately need the DREAM Act to pass then the President of the United States form bill. This amendment was ap- so I can practice my beloved profession— under that law must, within 15 days, proved unanimously by the Senate and

VerDate Mar 15 2010 12:22 Jul 11, 2014 Jkt 099102 PO 00000 Frm 00040 Fmt 0686 Sfmt 0634 E:\BR11\S09JN1.001 S09JN1 wreier-aviles on DSK5TPTVN1PROD with BOUND RECORD 8922 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 6 June 9, 2011 became law by the President’s hand. I have great concerns about this are having a much harder time finding This provision, included in section 1501 health care law that has been passed by a doctor as doctors refuse to see pa- of the Dodd-Frank Act, requires the this body as well as the House, signed tients on Medicare? Treasury Secretary to determine by the President. The American people So with all of this, now we get this whether IMF loans to countries that continue to learn more and more about report. This report says—and this is a are already deeply in debt will likely this health care law, and the more they very reputable national consulting be repaid and certify that determina- learn, the more concern they have firm. This report says they did a sur- tion to Congress. Furthermore, if an about this law being bad for patients; vey of 1,300 employers across the coun- IMF loan will not be repaid, the Treas- bad for providers, the nurses and doc- try—different industries, different ge- ury Secretary is required to direct the tors who take care of the patients; and ographies, different employer sizes— executive director to vote in opposition bad for the payers, the taxpayers of and the results ought to be a huge to the proposed loan. These provisions this country who are going to get hit wakeup call for all workers and all became Federal law for a reason—be- with an incredible bill. families across the country, because cause we sought to protect U.S. tax- The main subject I wish to talk what this group has seen from this payers from being used by the IMF to about today is a new report that has study is that overall, 30 percent of all bail out foreign nations that have been come out that says to me that the tax- employers—30 percent of all employ- making irresponsible spending deci- payers are going to get hit with a bill ers—will either definitely or probably— sions. much higher than they initially so likely—stop offering employer-spon- As I said earlier, I hope the failure of thought. It is a report from the sored health coverage in the years the President to comply with this man- McKinsey Quarterly called ‘‘How U.S. after 2014. That is when ObamaCare datory requirement under the Medicare health care reform will affect employee goes fully into effect. law we passed in 2003 is simply an over- benefits.’’ Among employers with a high aware- sight. But we know that so far the In the debate and speeches the Presi- ness of how the program actually President and the majority party in dent had given in the runup to the elec- works for health care reform—who the Senate have not submitted—the tion and the vote on this bill, he said have actually studied what the law President has actually submitted a that if you had care you liked, you says—in that group, those who are budget that doubles the debt in 5 years could keep it; that the American peo- most well informed, they are saying and triples it in 10 years, but he has ple, if they had a plan they liked, more than 50 percent and upwards to 60 made no response to the Medicare would be able to keep it. It was a prom- percent will pursue other options. They trustees’ statement that Medicare will ise he made to the American people, a will likely stop offering their employ- be insolvent in 13 years. Instead, he has promise the American people wanted to ees health coverage. At least 30 percent attacked the only people who have believe. But now this report shows that of the employers would gain economi- been responsible enough to come up the American people were right in cally from dropping coverage even if with a proposal. Admittedly, the pro- being skeptical, and, as we see, the they completely compensated the em- posal may not be perfect, but it is a re- more the American people learn about ployees for the change of losing their sponsibility of all of us to do what we the health care law, the less they like insurance. This is very alarming for can to try to solve problems, not just it and the more they oppose it. What our country. There was a well-written editorial in attack people and use it for political this report says is that a shift away yesterday’s Wall Street Journal by advantage when other people try to from employer-provided health insur- Grace-Marie Turner, and I ask unani- step up and meet their obligations. ance will be vastly greater than ex- mous consent that it be printed in the The issue is respect for the law, and pected and will make sense for many RECORD at the conclusion of my re- the issue is whether the checks and companies and lower income workers balances in our Constitution are still marks. alike. The PRESIDING OFFICER. Without in place. The question is whether the When we work our way through this objection, it is so ordered. President somehow considers himself report, what we see is that more and above the law or whether the law ap- (See exhibit 1.) more private companies that today— Mr. BARRASSO. Grace-Marie Turner plies to him just as it does to each one today—provide health insurance for of us. is president of the Galen Institute and their employees will be much less like- coauthor of a book called ‘‘Why I hope this is an oversight. I hope the ly to be willing to provide that insur- President will remedy that oversight ObamaCare Is Wrong For America.’’ ance in the future. Why? Because it is Having read the book, I will tell my and he will submit proposed legislation going to be a lot more expensive to pro- to deal with this impending insolvency colleagues a lot of the things I have vide the insurance. The mandates, the been talking about during the debate of Medicare forthwith. quality, and the high level of expense I yield the floor. I suggest the ab- leading up to the vote on ObamaCare involved with providing that insurance sence of a quorum. and that I have been talking about The PRESIDING OFFICER. The is going to be a significant burden to afterwards as a doctor’s second opinion clerk will call the roll. those companies. And if they don’t pro- are included in her book. She specifi- The legislative clerk proceeded to vide the insurance at all, there are cally writes that no, you can’t keep call the roll. going to be other chances for those em- your health insurance. There are about Mr. BARRASSO. Madam President, I ployees and it will actually be cheaper 150 million Americans who get their ask unanimous consent that the order for the business to not provide insur- coverage at work. We are not talking for the quorum call be rescinded. ance, give the people a raise, and pay about people on Medicare; we are talk- The PRESIDING OFFICER. Without the penalty of the health care law and ing about nonelderly Americans who objection, it is so ordered. leave people without the insurance. get their coverage at work. f When we take a look at this overall The Congressional Budget Office, health care law, we see it as one where when we were debating the health care A SECOND OPINION this body and this President raided law, estimated that maybe 9 million, 10 Mr. BARRASSO. Madam President, I Medicare. They took $500 billion away million of those people, or about 7 per- come to the floor again today, as I from our seniors on Medicare, not to cent of the employees who currently have week after week since the health save Medicare but to start a whole new get their health insurance through care law has been passed, with a doc- government program. With the Presi- work, may lose their health insurance tor’s second opinion about the health dent’s Payment Advisory Board, he ad- at work, in spite of the fact that the care law. As you know, I have prac- ditionally wants to ration Medicare— President said if you like what you ticed medicine for 25 years in Wyo- ration Medicare. They have raided have, you can keep it. But this survey ming, taking care of Wyoming fami- Medicare and rationed Medicare. Is it of 1,300 different companies—organiza- lies. any surprise that people on Medicare tions that provide health insurance—30

VerDate Mar 15 2010 12:22 Jul 11, 2014 Jkt 099102 PO 00000 Frm 00041 Fmt 0686 Sfmt 0634 E:\BR11\S09JN1.001 S09JN1 wreier-aviles on DSK5TPTVN1PROD with BOUND RECORD June 9, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 6 8923 percent of them say I don’t think we EXHIBIT 1 many companies drop health insurance cov- are going to follow that route. We are [From the Wall Street Journal] erage, the government could increase the employer penalty or raise taxes,’’ according talking about a significantly larger NO, YOU CAN’T KEEP YOUR HEALTH to the new study, authored by McKinsey con- INSURANCE number than the Congressional Budget sultants Shubham Singhal, Jeris Stueland Office had even anticipated. The num- (By Grace-Marie Turner) and Drew Ungerman. bers are astonishing. A new study by McKinsey suggests that as The case for repeal of ObamaCare grows In a study last year, Doug Holtz- many as 78 million Americans could lose em- stronger every year. The massive shift of ployer health coverage. health costs to taxpayers thanks to the dis- Eakin, who is the former director of ObamaCare will lead to a dramatic decline ruption of employer-sponsored health insur- the Congressional Budget Office, esti- in employer-provided health insurance—with ance will add further to the burgeoning fed- mated not what the current CBO said— as many as 78 million Americans forced to eral budget deficit. Congress can and must maybe 10 million—he thought maybe 35 find other sources of coverage. develop policies that allow the marketplace million workers would be moved out of This disturbing finding is based on my cal- to evolve and not be forced into ObamaCare’s culations from a survey by McKinsey & Com- regulatory straitjacket. employer-covered plans into subsidized pany. The survey, published this week in the coverage, paid for by the taxpayers, Mr. BARRASSO. I note the absence McKinsey Quarterly, found that up to 50% of of a quorum. and he thought by getting to that num- employers say they will definitely or prob- ber, it would add an additional $1 tril- ably pursue alternatives to their current The PRESIDING OFFICER. The lion to the estimate of what the real health-insurance plan in the years after the clerk will call the roll. The legislative clerk proceeded to costs were going to be for the Presi- Patient Protection and Affordable Care Act takes effect in 2014. An estimated 156 million call the roll. dent’s health care law. If these num- non-elderly Americans get their coverage at Mr. BAUCUS. Mr. President, I ask bers are true, this newer, higher num- work, according to the Employee Benefit Re- unanimous consent that the order for ber of 30 percent pulling out—and search Institute. the quorum call be rescinded. maybe 50 percent once they find out Before the health law passed, the Congres- The PRESIDING OFFICER (Mr. what is actually in the law, in the sional Budget Office estimated that only nine million to 10 million people, or about FRANKEN). Without objection, it is so mandates on these businesses—the ad- ordered. ditional costs, at a time when we are 7% of employees who currently get health in- surance at work, would switch to govern- f looking at 9.1 percent unemployment ment-subsidized insurance. But the in this country, are going to go even McKinsey survey of 1,300 employers across MONTANA FLOOD HEROES higher with the significant subsidies industries, geographies and employer sizes Mr. BAUCUS. Mr. President, the that exist for families making up to found ‘‘that reform will provoke a much Book of Matthew, chapter 23, verses 11 $88,000 a year. greater response’’ and concludes that the health overhaul law will lead to a ‘‘radical and 12, reads: So I come to the floor to say that the restructuring’’ of job-based health coverage. The greatest among you will be your serv- more we learn about this health care Another McKinsey analyst, Alissa Meade, ant. For those who exalt themselves will be law, the more unintended consequences told a meeting of health-insurance execu- humbled, and those who humble themselves we find; that many of the predictions tives last November that ‘‘something in the will be exalted. made about this health care law from range of 80 million to 100 million individuals I rise today to recognize five of Mon- are going to change coverage categories in this side of the aisle are now coming tana’s greatest servants—five Montana the two years’’ after the insurance mandates heroes. true. take effect in 2014. Many employees who will need to seek an- Our State has faced severe flooding, I have spoken in the past about waiv- unrelenting flooding for the past sev- ers. We now are at a point where 3 mil- other source of coverage will take advantage of the health-insurance subsidies for families eral weeks. As water levels rise, Mon- lion people who get their health insur- making as much as $88,000 a year. This will tanans across the State are stepping up ance through work—3 million people drive up the cost of ObamaCare. to help. This is the essence of what it covered with health insurance in this In a study last year, Douglas Holtz-Eakin, means to be a Montanan: stepping up country—have gotten waivers. Whole a former director of the Congressional Budg- to help fellow Montanans, ordinary States have gotten waivers so they et Office, estimated that an additional 35 folks doing extraordinary things for don’t have to live under the mandates million workers would be moved out of em- ployer plans and into subsidized coverage, their friends and neighbors. We are all of the health care law, and they are and that this would add about $1 trillion to in this together. going to be back for waivers again next the total cost of the president’s health law That is why I have begun calling at- year and the year after that. over the next decade. McKinsey’s survey im- tention to the Montana heroes going We see additional concern with what plies that the cost to taxpayers could be sig- above and beyond the call of duty in nificantly more. is in this health care law. As NANCY the floods we are experiencing in our The McKinsey study, ‘‘How US health care State today. PELOSI said, first you have to pass it reform will affect employee benefits,’’ pre- I want to recognize Pastor Cathy before you get to find out what is in it. dicts that employers will either drop cov- Moorehead of the United Methodist As more and more people find out what erage altogether, offer defined contributions Church and Father Daniel Wathan of is in it, we are finding that more and for insurance, or offer coverage only to cer- Saint Benedict’s Church of Roundup. more people who maybe had coverage tain employees. The study concludes that 30% of employers overall will definitely or Last week, Cathy and Daniel showed they liked are not going to be able to probably stop offering health insurance to me the flood damage caused by rising keep that coverage and are going to their workers. However, among employers waters from the nearby Musselshell lose that coverage, and the taxpayers with a high awareness of the health-reform River. Most of the town of Roundup has are going to get stuck footing the bill. law, this proportion increases to more than been underwater for days. 50%. That is why I come back to the floor The employer incentives to alter or cease I remember many times I had gone to week after week with a doctor’s second coverage under the health-reform law are the Busy Bee Cafe in Roundup. Never opinion, because there is new informa- strong. According to the study, at least 30% in my wildest dreams did I ever think tion that comes out week after week, of employers would gain economically from that restaurant might be underwater. as this McKinsey & Company study and dropping coverage, even if they completely A few days ago, it was. The floods have report came out this week. That is why compensated employees for the change come back again. It is not entirely un- through other benefit offerings or higher sal- I continue to say we need to repeal and derwater, but so much of it is, it is vir- aries. That’s because they no longer would tually destroyed. replace this terribly broken health care be tethered to health-insurance costs that law. consistently rise faster than inflation. Cathy and Daniel took it upon them- selves to make sure their neighbors Thank you. Employers should think twice if they be- lieve the fine for not offering coverage will had a hot meal, a dry place to sleep, With that, I yield the floor. stay unchanged at $2,000 per worker. ‘‘If medical care, and a shoulder to cry

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I do not know what we back in, as they committed they to eat the food they otherwise had been would do without you. Thank you for would, and gets a temporary levee that given. Ask anyone around, and they your service. becomes a permanent levee in as soon will tell you Cathy and Daniel’s out- I yield the floor. as possible. standing efforts continue to be indis- The PRESIDING OFFICER. The Sen- We also cannot underestimate—and pensable. ator from Missouri. it would be hard to even overesti- Floodwaters have returned to Round- FLOODING IN MISSOURI mate—the challenges Joplin, MO, up, and our prayers are with them all Mr. BLUNT. Mr. President, Missouri faces, a city in which the death toll today. has withstood a number of tremendous from the tornadoes has now exceeded This month, the Crow Indian Tribe natural disasters this spring. In fact, any tornado in the last 50 years. I also faced devastating floods. Rising the flood our good friend from Montana think the mid-1950s was the last time water has severed food and water sup- just talked about is headed down the this much loss of life occurred in a tor- plies. There is no drinking water. Missouri River from Montana, to the nado. Rushing water has swept away bridges Dakotas, to Missouri right now. I live about 60 miles from Joplin in and streets. We have had floods along the Mis- Springfield, MO. I represented both As soon as the floodwaters struck the sissippi. We have had floods of the Joplin and Springfield in the House of Crow Reservation, Crow Tribe member Black River that required the evacu- Representatives for 14 years. I had an April Toineeta got to work. April ation of part of Poplar Bluff, MO. We office in Joplin. I have been there lit- worked with the Red Cross to set up have had tornadoes in both St. Louis erally hundreds of times. And as a shelter for flood victims. She made and Joplin and now, as I said, the Mis- southwest Missourian, I have seen lots sure the Indian Health Service had the souri River floods. of tornado damage, but I have never latest information about where med- The Missouri River flood is beginning seen anything like this damage. ical care was most urgently needed. to reflect what has happened upstream I went to the area Tuesday after the She was universally recognized as the with the above-normal snowpack that tornado hit over the weekend. I think go-to person for help. April. April we do not see much of, but we see it the tornado hit on Sunday afternoon Toineeta. April has been working 18- when it melts in the spring. And high late. I was there most of the day Tues- hour days, sleeping on the floor of the rainfall amounts this spring have made day. I was riding with a veteran police Crow Housing Authority, doing what- the difference in what is happening in sergeant down streets that both he and ever it takes to help her community. our State. I had been down many times, and nei- April’s hard work inspires all of us to The flooding along the Missouri ther of us could ever really tell quite help each other through the floods in River, which is about to get to crisis where we were because the devastation any way we can. stage, will now join floods along the was that great. Every street looked When Box Elder Creek burst its Mississippi River, the Black River, and like the street next to it. The buildings banks, floodwaters destroyed the Har- tornadoes in St. Louis and Joplin. were ground up. The 2 by 4s had be- ris family home north of Mill Iron, just River levels are expected to rise near come toothpicks. It was almost unrec- outside of Ekalaka. Neighbors Charlie record levels and remain there until ognizable. and Gail Brence hopped on four-wheel- early or mid-August. This, of course, This same tornado, if it would have ers and went to rescue the Harris fam- will put a tremendous pressure on our hit and stayed on the ground for 6 ily of seven. When they arrived, the levee system. The estimates I heard miles in an area of farmland, would Harris home was under 6 feet of water, this week were that between now and 2 have done some damage, but there rapidly rising. They offered the Harris weeks from today, there will be at would not have been nearly as much family a warm and safe place to stay, a least two dozen levees underwater, damage. As it happened, it ripped shoulder to cry on, and a helping hand which means the water will have got- through the city of Joplin in a swath as they worked to save their cattle and ten high enough to come over the tops that was at least half a mile wide and salvage personal belongings from the of these levees, and maybe over 50 lev- in some places three-quarters of a mile destroyed home. Gail Brence said: ees on the Missouri River before it gets wide. It stayed on the ground for 6 ‘‘We’re Montanans. This is what we to St. Louis will be underwater and miles and destroyed approximately 30 do.’’ will have water on both sides of them percent of the buildings in a town of Pastor Cathy, Father Dan, April, and until well into the summer. Of course, 50,000 people. There were 141 people Charlie and Gail are the best of the that begins to undermine the very killed, including those who in the hos- best Montana has to offer. They rep- basis of the levee itself when it stands pitals from injuries since the tornado, resent our can-do attitude, our willing- in water on both sides. because of the tornado. More than 900 ness to help our neighbor. Our belief is The Corps and local sponsors are people were injured, and 8,000 homes that when times are tough, we know we working to reinforce the levees along and apartments were destroyed. And I are the strongest when we work to- the Missouri River. We see that the De- think here the word ‘‘destroyed’’ is the gether. partment of Agriculture and the Corps right word. Others were damaged; these There are hundreds of other unsung also have to get engaged to get the were destroyed. Mr. President, 8,000 heroes across Montana. I am calling on damaged land cleared and rehabilitated places where people lived 3 weeks ago all Montanans to share their stories of for all this levee protection to be re- aren’t there today, and more than 500 ordinary folks doing extraordinary stored. commercial properties were demolished things for their friends and neighbors, There is some discussion on the open- by this devastating tornado. whether on Facebook or call my office. ing of the levee in the boot heel, a Homes, churches, the high school, We want to hear these inspiring sto- place called Birds Point. That had been the vo-tech school, three elementary ries. We want to share them. the plan, to open that levee in a flood schools, and the Catholic school at all You know, some folks in our State disaster, since 1937, but it had not hap- levels are all gone, and then other say—and it is somewhat true—that pened since 1937. schools were damaged. How you get Montana is really one big town. We Mr. President, 130,000 additional back to school in August and Sep- tend to know each other. We are big in acres of farmland means at this mo- tember of this year with those schools area, few in people. But we tend to ment we probably have 500,000 acres of gone is a huge challenge, one that a

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community would assume it would Great Southern and Southwest Mis- colleague, Senator WHITEHOUSE, to help never have to meet, but the commu- souri Bank both donated $10,000. mark the 350th anniversary of the set- nity has been meeting it, as have peo- The Girl Scouts in Houston, MO, tlement of Block Island, RI. ple from all over the country and par- were collecting toys for the children of Block Island sits 12 miles south of ticularly from our State. Joplin who had lost their toys. coastal Rhode Island, and for over Rescue efforts, led by groups such as The University of Missouri produced three centuries has contributed to the Missouri Task Force 1 and other public a tornado relief t-shirt with the slogan economic and ecological vitality of my safety officials—fire departments, law ‘‘One State. One Spirit. One Mizzou.’’ home State. It has a rich history. enforcement, medical personnel, the The Mizzou football team and D. In 1614, the Dutch merchant and ex- volunteers—have up until now been Rowe’s Restaurant partnered to fill a plorer Adriaen Block charted the Is- tireless, but I can tell you they are get- semi truck of groceries and other items land, which is named for him. ting pretty tired. to send to the location. In 1661 colonists from Massachusetts People in Missouri and across Amer- The American Red Cross, the Har- sailed to Block Island and established a ica have been overwhelmingly generous vesters Community Food Network, community that would later become with their time and resources in the sent 14,000 ready-to-eat meals. the town of New Shoreham. aftermath of this storm, and all Mis- The Kansas Speedway and the High- During the Revolutionary War, Block sourians are grateful for it. Large cor- way Roadhouse and Kitchen collected Islanders warned American soldiers of porations and small community orga- items for victims. approaching British ships by lighting nizations and individuals have helped. The Ozarks Technical Community fires on Beacon Hill, the island’s high- People have responded to calls on the College is collecting funds to help peo- est point. And, over the past 200 years, phone by doing whatever they were ple. Block Island has constructed two light- asked to do to make a small donation. The students in a high school in St. houses that have provided safe passage The General Motors Foundation an- Louis, which had its own tornado, sent for countless sailors and travelers. nounced a $100,000 grant to the Red things to Joplin as well. Today, Block Island is home to over Cross, along with two vehicles, full- FEMA is doing what it can. 1,000 permanent residents and wel- sized vans, and free access to their We need to prioritize spending. comes up to 20,000 visitors each day OnStar service after the disaster. As I reach the conclusion of my re- during tourist season. The Ford Motor Company donated marks and mention the people who Block Island has been graced by vis- another $50,000 to Feeding America for need to be mentioned—I sent President its by two sitting Presidents—Presi- Joplin, and their employees in the Kan- Obama a letter. I spoke with Secretary dent Ulysses S. Grant in 1875 and in sas City plant are assisting as volun- Napolitano shortly after this disaster 1999 by President William Jefferson teers in relief efforts. insisting that the Federal Government Clinton. I was pleased to have guided Walmart committed $1 million. do what we did in Katrina and reim- President Clinton as well as First Lady Home Depot and Walmart both had— burse taxpayers for their expenses at Hillary Clinton, who is now Secretary there was a Walmart supercenter and a the 100-percent level. We have gone of State, around the Mohegan Bluffs Home Depot store that were totally de- from 75 to 90, so only 10 percent more, and the historic Southeast Lighthouse, molished, 100-percent demolished. In and I will be happy with that number. which overlooks the Atlantic Ocean, both cases, they had late-Sunday-after- Mr. President, 75 percent was the first during their visit. noon shoppers in them. number discussed, but we are at 90 now. Throughout the years, the local com- In one store was a man and his 4- The Federal Government needs to do munity has worked hard to preserve year-old and 1-year-old. I am not sure this. And local utility companies need the Island’s natural beauty and land- they were on the way to the Home to get the same kind of assistance oth- marks. In the 1980s and early 1990s Cap- Depot, but at the last minute they ers have had in similar disasters. tain John R. Lewis, a Block Island resi- were running into the Home Depot, In all cases, the first responders were dent known to all as Rob, spearheaded thinking that would be the safest place people’s neighbors. Their neighbors a campaign to save the Southeast to be, and those big concrete walls col- will still be there 6 months later when Lighthouse, which was threatened by lapsed inward, and the mom who sent people are still struggling. an eroding shoreline. With a coalition them to get lightbulbs or whatever she But with thanks to everyone who has of friends and local residents, Rob had sent them to get never saw those helped, with appreciation for the Fed- worked to secure nearly $1 million in three people who were so much of her eral employees who have been there Federal funding and he persuaded life before. and absolute insistence that we do ev- Block Islanders to help raise $270,000 The St. Louis Cardinals donated erything we need to do to treat this through donations. $25,000 to Convoy of Hope. disaster as it needs to be treated be- I must also applaud the efforts of The Kansas City Royals and Kansas cause it truly is a disaster, I will be John Chafee and Claiborne Pell, my City Chiefs each gave $35,000 to Heart working with everything we can find to predecessors—particularly Senator to Heart International. make this situation a challenge the Chafee—who worked hard to ensure Duracell opened a Power Relief Trail- community can meet. support for the movement of the er. I yield the floor. Southeast Lighthouse. Their efforts, in Tide opened a Loads of Hope loca- The PRESIDING OFFICER. The sen- conjunction with Federal and State tion, offering laundry services for the ior Senator from Rhode Island. leaders, saved this historic landmark, thousands of affected families. Mr. REED. Mr. President, I ask unan- which still stands today. Heart of Missouri United Way col- imous consent that after I am recog- Block Island is not only unique for lected over $1 million and pledged that nized, Senator WHITEHOUSE be recog- its rich history; it also has a beautiful 100 percent of those funds that were nized—we are speaking on the same landscape. raised in that drive would go to Joplin. topic—for up to 10 minutes and, at the Over 40 percent of the Island is now Target contributed $95,000 to relief. conclusion of that time, Senator ALEX- preserved land. The Island boasts dra- AT&T and Verizon both gave $50,000. ANDER from Tennessee be recognized. matic bluffs, pristine beaches, and 25 Sprint, a Missouri company, a Kan- The PRESIDING OFFICER. Without miles of public hiking trails. Over 40 sas City area-based company, gave objection, it is so ordered. kinds of endangered species call Block $100,000. f Island home and thousands of migra- TAMKO gave $1 million. Their head- tory birds pass through each year mak- quarters are in Joplin. Their head- 350TH ANNIVERSARY OF BLOCK ing this a truly exceptional place. quarters were not affected, but many of ISLAND, RHODE ISLAND Indeed, Block Island was included on their employees were. Mr. REED. Mr. President, I am the Nature Conservancy’s list of ‘‘Last Loves Travel Shop gave $150,000. pleased to rise today along with my Great Places.’’ This honor identifies

VerDate Mar 15 2010 12:22 Jul 11, 2014 Jkt 099102 PO 00000 Frm 00044 Fmt 0686 Sfmt 0634 E:\BR11\S09JN1.001 S09JN1 wreier-aviles on DSK5TPTVN1PROD with BOUND RECORD 8926 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 6 June 9, 2011 sites in the Western Hemisphere with Newport and Slater Mill. And the jobs and will protect employer free speech significant biodiversity and ecosystems generated by Block Island—from the associated with the costs and benefits with rare or endangered species. ferry workers to the shop owners—are of a unionized workforce. Generations of Block Islanders have a real help to our economy in these The company that will be tried on preserved what the Narragansett In- tough times. Tuesday is Boeing—a solid and up- dian tribe called ‘‘God’s Little Island.’’ Today I join with Senator REED to standing American success story. Over As we celebrate the 350th anniversary commemorate 350 years of history for the last century, Boeing has built the of Block Island’s settlement, it is fit- the people of New Shoreham. Congratu- passenger planes that allow Americans ting that we recognize and congratu- lations on this historic milestone. to travel the world; built the warplanes late Block Islanders for all of their ef- The PRESIDING OFFICER. The Sen- and weaponry that enable our soldiers, forts to preserve one of our country’s ator from Tennessee is recognized. sailors, marines, and airmen to defend most treasured places. f freedom; built the spacecrafts that I yield to Senator WHITEHOUSE. send our astronauts into orbit and to RIGHT-TO-WORK LAW Mr. WHITEHOUSE. Mr. President, I the Moon; and built the satellites that rise today to join my colleague Senator Mr. ALEXANDER. Mr. President, deliver communications around the REED in commemorating the 350th an- next Tuesday, the Nation’s largest ex- globe. niversary of Block Island and thank porter and employer of more than Boeing’s newest commercial pas- him for his leadership in this moment 150,000 Americans will be appearing be- senger airliner is the 787 Dreamliner. It of recognition. fore an administrative judge in Seattle is a shining example of American inno- Every Rhode Islander can recall their to defend itself against a claim brought vation and entrepreneurship. It has first trip to Block Island. For most it by the acting general counsel of the been designed with a paramount focus starts with a drive down to Galilee National Labor Relations Board, on efficiency and performance, to allow where countless visitors have boarded NLRB. The claim is that a corporate a mid-sized aircraft to travel as far as the Block Island ferries—the Carol decision to expand production of its a jumbo jet, while using 20 percent less Jean, the Block Island, and the Anna next generation airliner in South Caro- fuel and producing 20 percent less emis- C. The ride from Galilee lasts about an lina, a right-to-work State, was a vio- sions than today’s similarly sized air- hour, winding out of the Pt. Judith lation of Federal labor law. craft, and while traveling at roughly harbor of refuge and into the open Since 1947, Federal law has affirmed the same speed as a 747 or 777. ocean. And as the mainland—with all the right of States to enact what we It has also been a tremendous com- its cares and concerns—slips away off call right-to-work laws, which prevent mercial success despite these difficult the stern a small speck on the horizon unions and employers from requiring economic times. Since 2004, 56 cus- ahead grows larger with each passing employees to join a union, as well as tomers, spanning 6 continents, have minute. Soon the great bluffs of the is- pay dues or fees, in order to obtain or placed orders for 835 Dreamliners, val- land come into view, followed by the keep their job. ued at $162 billion. friendly hustle and bustle of Old Har- In Tennessee, for example, manufac- President Obama has recognized the bor. turers such as Nissan, Volkswagen, and leadership of this company. He named As the ferry pulls into dock, the full General Motors have built factories the chief executive officer of Boeing, scene unfolds: the National Hotel, and increased their production of cars Mr. Jim McNerney, as cochairman of Ballard’s Inn, the docks and moorings, made and sold in the United States, in the President’s Export Council. And and all the shops and restaurants along large part due to the environment of- more recently, he nominated Mr. John Water Street. As you step ashore, you fered by Tennessee’s right-to-work law. Bryson, who serves on the Boeing can’t help but feel enchanted by the The President recently visited a Board of Directors, to be the Nation’s scene. A mere 12 miles separate the is- Chrysler plant in Toledo, OH, where he Commerce Secretary. land from the mainland of our Ocean stated that the auto bailout helped to The Dreamliner’s success prompted State, but it can easily seem a world restore the American automobile in- Boeing to decide in 2009—2 years ago— away. dustry. I respectfully disagree. I think to establish a second assembly line for Generations of young Rhode Island- that what restored the American auto- the airliner in South Carolina. This is ers have made that trip, and most of mobile industry was the right-to-work in addition to its current assembly line them will continue returning, year laws in 22 States, by creating a more in Washington State. South Carolina is after year, only to find with a sigh of competitive environment in those 22 a right-to-work State and Washington relief that the scene is just as they left States, as well as in the Midwest and is not. it. It is no wonder that the Nature Con- other States where the laws don’t On Tuesday, the NLRB acting gen- servancy has named Block Island as exist, and permitting manufacturers to eral counsel will ask an administrative one of the Earth’s ‘‘Last Great Places.’’ be able to make the cars and trucks in judge in Seattle to stop Boeing from Formed by a receding glacier thou- the United States that they sell in the expanding production in South Caro- sands of years ago, the land was first United States. lina, arguing that the decision was inhabited by the Narragansett Indians, Unfortunately, American companies made in retaliation for past strikes by who named their home ‘‘Island of the and our 22 right-to-work States are union employees in Washington. That Little God.’’ It took its modern name under assault from a government agen- claim ignores these facts: No union from Adrian Block, a Dutch explorer cy that is driven by an antibusiness, jobs are being lost here; nobody is who charted the island in 1614. It was antigrowth, and antijobs agenda. This being demoted; no personnel are being later settled by a group of families may be the most important battle over moved; and no benefits, salaries, or from Massachusetts in 1661—350 years labor laws in the United States today. work hours are being cut back as a re- ago this year. In the centuries since, That is why Senator GRAHAM, Senator sult of this expansion. It further ig- Block Island has been occupied by Brit- DEMINT, and I—actually, we have 35 nores the fact that Boeing’s decision ish Redcoats during the War of 1812, Senators cosponsoring the bill—intro- was announced, as I have said, nearly 2 served as home to artillery spotters in duced legislation to preserve the law’s years ago. World War II, and become a favorite current protection of state right-to- Down in South Carolina, 1,200 con- destination for sailors, fishermen, and work laws and prevent the NLRB from struction jobs have been created and families across the region. moving forward in their case against over 500 new workers have been hired Today the island is a mainstay of this company and others. by Boeing to work at this assembly Rhode Island’s tourism industry. The The Job Protection Act will prevent plant, which is supposed to open next Southeast Lighthouse is one of the the NLRB from ordering a company to month, in July. At the same time, Boe- many ‘‘must-see’s’’ for Ocean State relocate jobs, will guarantee employer ing has actually added 2,000 new jobs in tourists, right up there with historic rights to decide where to do business, Washington State since the announced

VerDate Mar 15 2010 12:22 Jul 11, 2014 Jkt 099102 PO 00000 Frm 00045 Fmt 0686 Sfmt 0634 E:\BR11\S09JN1.001 S09JN1 wreier-aviles on DSK5TPTVN1PROD with BOUND RECORD June 9, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 6 8927 expansion in South Carolina. That is United States what they sell in the May 12, 2011, the National Academy of 2,000 new union jobs in Washington United States, so that jobs can stay Sciences released a significant report State. and grow in this country, instead of entitled ‘‘America’s Climate Choices.’’ South Carolina, of course, is a right- moving overseas. In 2007, Congress directed the academy to-work State, where employees may As this Administration’s Commerce to write this report. The researchers choose to join or not join the union. Secretary, Gary Locke, correctly ob- who contributed to the report include Suspending Boeing’s expansion will re- served in his March testimony before scientists, economists, and policy- sult in billions of dollars of lost eco- the Senate Committee on Commerce, makers from world-class institutions nomic development and jobs to that Science, and Transportation: such as the Oak Ridge National Lab- State. But, the NLRB’s acting general Manufacturing is essential to America’s oratory, DuPont, and MIT. The list of counsel doesn’t seem to care about economic competitiveness. . . . [it] is a vital the States from which the committee these facts, or the impact of this case source of good middle-class jobs. It is a key comes is very broad: California—sci- driver of innovation. on those jobs. Recently, several Boeing entists came from—North Carolina, employees in South Carolina, whose With 9.1 percent unemployment, with Maryland, Georgia, Virginia, Michigan, jobs are hanging in the balance, asked a soft economy, government and Wash- Wyoming, Washington State, Ten- to intervene in the case. The acting ington must allow manufacturers such nessee, Arizona, Missouri, Massachu- general counsel opposed the request, as Boeing to prosper, innovate, and cre- setts, New York, New Jersey, Colorado, stating that ‘‘these Boeing employees ate jobs. We need to make it easier and and Texas. The report was peer re- in South Carolina have no cognizable cheaper for those manufacturers to viewed. interest in participating in the pro- make in the United States what they I ask unanimous consent that at the ceeding sufficient to justify their inter- sell in the United States. end of my remarks the list of the com- Expanding new production lines in vention.’’ mittee, which is page V of the report, South Carolina was a business decision It is hard to imagine anybody with a be printed as an exhibit. made by Boeing’s executives and board more direct interest in this than the The PRESIDING OFFICER. Without members, on behalf of their share- Boeing workers in South Carolina. objection, it is so ordered. Facts like these don’t seem to matter holders, who believed it was in the (See exhibit 1) when you have an agenda. This case is company’s best interests. As I men- Mr. WHITEHOUSE. The report was about more than airplanes, more than tioned, those board members and ex- peer reviewed by academic reviewers Boeing, and more than South Carolina. ecutives are well respected, including from such universities as Stanford, the This case is about the future of our by the President of the United States, University of Texas, the University of economy and our competitiveness as a who has invited many them to be a South Carolina, Harvard, and Carnegie nation. It is the latest attempt by this part of his Administration. Mellon. Yet this significant report, re- But under this Administration, the administration to chip away at right- quested by Congress, drafted by ex- NLRB Acting General Counsel seems to-work laws, to change the rules and perts, peer reviewed by science, has only concerned about the interests and give unions more leverage over em- fallen on deaf ears in our Nation’s Cap- agenda of organized labor—an agenda ployers, and to allow politically influ- ital. Why is this? Is it because the re- that has been soundly rejected by the enced bureaucrats in Washington de- port addresses a problem we have al- vast majority of private sector workers termine the means of production for ready solved? No. Is it because the re- in both right-to-work and non-right-to- private industry in the United States. port tells us not to worry? No; it is not work States across the country in re- If the acting general counsel’s re- that either. The report, ‘‘America’s Cli- quest is affirmed following next week’s cent years. All eyes will be on Seattle next Tues- mate Choices,’’ adds to the body of cli- hearing, it will be prima facie illegal day, when one of our Nation’s greatest mate science evidence and reflects the for a company that has experienced re- assets and contributors to our eco- clear consensus of the scientific com- peated strikes to move production to a nomic future will be put on trial for in- munity, which is that carbon pollution State with a right-to-work law. The vesting, creating, and innovating at a is creating dangers across our planet CEO of Boeing pointed out that this time when we are in the middle of an and must be addressed if we are to will not only hurt the 22 right-to-work economic recession. This will be a true avoid its most disastrous consequences. States. It will also hurt States that do test of whether manufacturers are able These are the facts in the report: not have right-to-work laws. Those to make in the United States what Climate change is occurring. It is very non-right-to-work States will suffer be- they sell in the United States, or likely caused by human activities and poses cause a company that operates in their significant risks for a broad range of human whether they will be encouraged to State and is unionized will effectively and natural systems. make overseas what they sell in the be prevented from growing or expand- Are we prepared for these significant United States. It will test whether ing to a right-to-work State, therefore risks? No, we are not, concludes the re- they put jobs over there, instead of cre- hindering the ability of any State to port. I quote again: ating them here. And it will test attract new manufacturers and create whether the Administration’s eco- The United States lacks an overarching new jobs. national strategy to respond to climate So, instead of making it easier and nomic policy is exporting airplanes or change. cheaper to create jobs in the United exporting jobs. Mr. President, I yield the floor, and I The report warns further: States, manufacturers will be further suggest the absence of a quorum. Waiting for unacceptable impacts to occur incentivized to expand or open new fa- The PRESIDING OFFICER. The before taking action is imprudent because cilities in Mexico, China, or India to clerk will call the roll. the effects of greenhouse gas emissions do meet their growing needs. Boeing and The assistant legislative clerk pro- not fully manifest themselves for decades its 787 Dreamliner are shining exam- and, once manifested . . . will persist for ceeded to call the roll. hundreds or even thousands of years. ples of what is right in America and Mr. WHITEHOUSE. Mr. President, I what is necessary to rebuild and grow ask unanimous consent the order for Starkly, the report calls on us now to our country’s economy. the quorum call be rescinded. begin mobilizing for adaptation. The This new jetliner assembly plant in The PRESIDING OFFICER (Mr. precise quote: ‘‘Begin mobilizing now South Carolina is the first one to be BEGICH). Without objection, it is so or- for adaptation.’’ built in the U.S. in 40 years. We need to dered. The report is an urgent call to action remember that Boeing sells airplanes f by a widespread group of our most re- everywhere in the world and it can sponsible scientists, peer reviewed by make airplanes anywhere in the world. GLOBAL WARMING our most responsible universities. Why, But, we would like for Boeing and Mr. WHITEHOUSE. Mr. President, I then, is it being ignored? I believe other manufacturers to make in the am here this afternoon because, on many of my colleagues are ignoring

VerDate Mar 15 2010 12:22 Jul 11, 2014 Jkt 099102 PO 00000 Frm 00046 Fmt 0686 Sfmt 0634 E:\BR11\S09JN1.001 S09JN1 wreier-aviles on DSK5TPTVN1PROD with BOUND RECORD 8928 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 6 June 9, 2011 this report because they are hoping bon fuels in measurable amounts, usu- bility of impacts that have not been antici- this problem of carbon pollution chang- ally measured as gigatons or metric pated. ing the atmosphere and the climate of tons. A gigaton, by the way, is a bil- Let me say that again: our planet will go away. They are hop- lion, with a B, metric tons. We now re- In addition to the potential impacts that ing that somehow, if we don’t discuss lease, depending on the year, up to 7 or we are able to identify, there is a real possi- it—indeed, if we deny it—climate 8 gigatons—7 or 8 billion metric tons— bility of impacts that have not been antici- change will not happen. If we ignore each year. That is not in dispute ei- pated. the laws of physics and chemistry and ther. When we travel outside a range that biology, those laws may cease to apply We now measure carbon concentra- has protected our species and our plan- to us. We can repeal a lot of laws in tions going up in the Earth’s atmos- et for 8,000 centuries, we create forces this Senate, but we cannot repeal the phere. Again, that is a measurement. that are hard to anticipate and, con- laws of nature, and we are fools to ig- This is not a theory. The present con- sequently, could create dangers that nore them. centration exceeds 390 parts per mil- are hard to anticipate. Some even attack the underlying lion. Remember, for 8,000 centuries, hu- This National Academy of Sciences science; this is a strategy that is as old manity has existed in a bandwidth of report does not just stop at cataloging as industry reaction to science indus- 170 to 300 parts per million, and we are the effects of climate change, however. try does not like. A recent book looked now at 390 parts per million—well out- As requested by Congress and as indi- at the EPA efforts to protect us from side the bounds we have inhabited for cated by the report’s title—‘‘America’s secondhand smoke at a time when the the last 800,000 years. That also is not Climate Choices’’—the report lays out tobacco industry wanted the unregu- in dispute. That is a fact. the choices we have moving forward, if lated ability to smoke and did not ‘‘America’s Climate Choices’’ docu- only we will acknowledge the facts of want people protected from secondhand ments the changes in climate that have this problem and act responsibly. smoke and pretended secondhand already been observed and measured in The laws of nature, of course, do not smoke was not dangerous. The writers the United States. Again, not theory care if we are paying attention. Cli- conclude: but documented, measured, and ob- mate change is happening and it poses Most of the science upon which the EPA served. These are also not in dispute. grave risks to us and it will go forward relied with respect to secondhand smoke was Over the past 50 years, our U.S. average whether or not we choose to acknowl- independent, so attacks on the EPA wouldn’t air temperature has increased by more edge it. As I said earlier, we can do a work alone. They have to be coupled with at- than two degrees Fahrenheit. Our total lot of repealing of laws in this Senate, tacks on the science itself. U.S. precipitation has increased, on av- but we don’t get to repeal the laws of A memo from Philip Morris’s com- erage, by about 5 percent. Sea levels nature. There are real risks we are fac- munications director, Victor Han, said have risen along most of the U.S. ing, but there are also many positive the following: coasts. Heavy downpours have become reasons we should address the problem Without a major concentrated effort to ex- more frequent and more intense in the of carbon pollution. Developing clean pose the scientific weaknesses of the EPA Southeastern and Western United and truly renewable energy sources and case, without an effort to build considerable working to run our American busi- reasonable doubt, then virtually all other ef- States and the frequency of large forts will be significantly diminished in ef- wildfires and the length of the fire sea- nesses more efficiently will help us re- fectiveness. son have increased substantially in tain our economic leadership in the In other words, in order to create both the Western United States and in global marketplace, and that means doubt, they had to attack the science the Presiding Officer’s home State of jobs for Americans. Here is the report again on the poten- directly, and they have done so, to the Alaska. tial harm to our economy if we don’t point where Mr. Han said the EPA is an If we take a look at the increase in invest in a clean energy future: agency that is, at least, misguided and carbon concentrations in our atmos- aggressive and, at worst, corrupt and phere, they can be plotted. Today is The European Union has already increased its reliance on renewable energy and put a controlled by environmental terrorists. one of the last days our pages are with us after many months, and they have price on CO2 emissions from major sources So it is not a news story for industry without detectable adverse economic effects. to try to deny the science that shows been here in school in the very early China has placed low carbon and clean en- the danger of what an industry is pro- mornings. They have been learning ergy industries at the heart of the country’s viding. But these attacks simply will mathematics, and it wouldn’t surprise strategy for industrial growth, and is mak- not stand. The facts are too strong me if our pages were able to take a se- ing large scale public investments (for in- against them. ries of points and plot a trajectory off stance, in ‘‘smart grid’’ energy transmission Over the last 800,000 years, Earth’s of those points. That is not a com- systems) to support this growth. . . . Firms operating in the United States could find atmosphere has contained CO2 levels of plicated scientific endeavor. If we plot the trajectory of our carbon concentra- themselves increasingly out of step with the 170 to 300 parts per million. That is rest of the world and without the same ro- solid science. That is a fact. That is tion, it puts us at 688 parts per million bust domestic markets for climate-friendly not a theory. It is not in dispute. That in the year 2095, and 1,097 parts per mil- products. Moreover, U.S. firms in energy-in- is the range within which humankind lion in the year 2195. That is a pretty tensive sectors could be disadvantaged rel- has lived for 8,000 centuries. By the long way off, but when we think that ative to their more energy efficient foreign way, it is not clear that 8,000 centuries for 800,000 years we have inhabited a competitors if energy prices rise in coming ago mankind had yet mastered the art planet in which the carbon concentra- decades. . . . of controlling fire. Essentially, the en- tion in the atmosphere was between 170 That is no idle speculation. We are tirety of human history has taken and 700 parts per million and in a mat- already seeing the United States fall place within that bandwidth of 170 to ter of a century and a little more we behind in clean energy technologies. 300 parts per million of carbon dioxide will have more than doubled that con- We invented the first solar cell. We in our atmosphere. centration and another century hence now rank fifth among the countries In 1863, the Irish scientist John Tyn- another 300 points up, that is a very that manufacture solar components— dall determined that carbon dioxide in significant—indeed, an epic—shift. fifth. The United States has only 1 of the atmosphere trapped heat and These carbon concentrations are out- the top 10 companies manufacturing trapped more heat as the concentration side the bounds not of the last 8,000 solar energy components and only 1 of of carbon dioxide increases. That is centuries but of millions of years of the top 10 companies manufacturing textbook science. It has been textbook this planet’s history. wind turbines. science for generations. That is not in The National Academy of Science re- Half of America’s installed wind tur- dispute either. port warns us this way as well: bines were manufactured overseas. Since the Industrial Revolution, our In addition to the potential impacts that Portsmouth, RI, has installed two wind industrialized societies had burned car- we are able to identify, there is a real possi- turbines. One was manufactured by a

VerDate Mar 15 2010 12:22 Jul 11, 2014 Jkt 099102 PO 00000 Frm 00047 Fmt 0686 Sfmt 0634 E:\BR11\S09JN1.001 S09JN1 wreier-aviles on DSK5TPTVN1PROD with BOUND RECORD June 9, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 6 8929 Danish company. The other was manu- CHARLES O. HOLLIDAY, JR., DuPont ity, freedom, and the ties of family and factured by an Austrian company, its (Ret.), Nashville, Tennessee friendship that irrevocably bind our coun- components delivered to Rhode Island KATHARINE L. JACOBS,* Arizona Water tries together. They were of a generation of Americans, by a Canadian distributor. Imagine if Institute, Tucson THOMAS KARL,* NOAA, Asheville, North Belgians, British, and French who fought, we drove demand for domestic manu- Carolina shoulder to shoulder, and gave their all so we facturing of wind turbines, of solar DIANA M. LIVERMAN, University of Ari- and others could live in freedom. cells and panels, of rechargeable bat- zona, Tucson, and University of Oxford, UK Four of them were sons of the states of teries. Imagine the people we could put PAMELA A. MATSON, Stanford Univer- Alabama and Iowa, which two of my Senate back to work, the factories we could sity, California colleagues, who are here today, represent. reopen, the energy this growth would PETER H. RAVEN, Missouri Botanical I am the second United States senator to speak at this solemn resting place. The first infuse into our economy. Garden, St. Louis RICHARD SCHMALENSEE, Massachusetts was Senator Francis Ryan Duffy of the state The new energy economy that beck- of Wisconsin, who came to dedicate the chap- ons us has been described in congres- Institute of Technology, Cambridge PHILIP R. SHARP, Resources for the Fu- el, 74 years ago. sional testimony as bigger than the ture, Washington, D.C. It is worth recalling what Senator Duffy tech revolution that brought us our PEGGY M. SHEPARD, WE ACT for Envi- said here in 1937, as the spreading shadow of laptops and our iPads and these Black- ronmental Justice, New York, New York war was once again darkening Europe: Berries, and the Internet services that ROBERT H. SOCOLOW, Princeton Univer- He said: sity, New Jersey ‘‘If the boys who are buried out here could are now such an important part of our sit up in their graves and speak to us today, daily lives, whether we Twitter or go SUSAN SOLOMON, National Oceanic and Atmospheric Administration, Boulder, Colo- it would be to give voice to the agonizing on eBay or shop Amazon or do question—‘Cannot some other means be Facebook. In 15 years, that Internet rado BJORN STIGSON, World Business Council found to settle international disputes?’ ’’ Just two years later the world was plunged grew from nothing to a $1 trillion econ- for Sustainable Development, Geneva, Swit- into the Second World War, and every gen- omy—a $1 trillion economy. By com- zerland eration of Americans since has known war’s parison, the global energy economy is THOMAS J. WILBANKS, Oak Ridge Na- brutality. tional Laboratory, Tennessee $6 trillion. We do not, as a country, Across the globe, in the century since PETER ZANDAN, Public Strategies, Inc., want to fall out of the race to control then, innocent civilians increasingly have Austin, Texas that new energy economy. Yet that is joined the ranks of those in uniform as the exactly what we are doing. Asterisks (*) denote members who resigned victims of war. America designed much of the under- during the course of the study. Over the years, standing with families lying energy technology the world is f from Vermont as they bid farewell to loved using. But other countries have set ones sent away to fight, I have seen the ter- smart policies and provided financial FLANDERS FIELD ADDRESS rible costs: wives and children left alone, Mr. CARDIN. Mr. President, on May parents who must bury a child. incentives to their industries, and now Lives with so much possibility suddenly they are pulling away from us in bring- 29 our colleague, the senior Senator cut short, as were those of the soldiers we ing those new technologies to market. from Vermont, commemorated Memo- honor here. A $6 trillion market, and our foreign rial Day with a visit to Flanders Field The men who sacrificed everything at competitors are pulling away from us American Cemetery and Memorial in Flanders Field—and who are commemorated in bringing our own technologies to Waregem, Belgium. The Flanders re- so vividly through Colonel John McCrae’s that market. Our competitors are seiz- gion, of course, was made famous by poetic tribute, heard ’round the world—be- ing the advantage in the development Canadian physician and LTC John lieved that some things are worth fighting for. and deployment of new energy tech- McCrae, who wrote the poem ‘‘In Flan- They knew that vanquishing tyranny, and nologies, and we are letting them. ders Fields’’ on May 3, 1915, after he defending the ideals our countries share, But we can still change this trajec- witnessed the death of his friend, LT were among them. Of course those same val- tory. We can face up to the facts of cli- Alexis Helmer, 22 years old, the day be- ues are worth pursuing peacefully. Our obli- mate change, see the opportunity in fore. While Senator LEAHY visited the gation to our fallen, and to all of humanity, that looming threat, strengthen our cemetery, which serves as a resting is to use every peaceful means at our dis- economy, and create jobs. The National place for many American soldiers posal before committing any of our country- men to battle. Academy of Sciences report is just one killed during World War I, he made We are here today to solemnly affirm that more reminder of this historic charge brief but eloquent remarks in honor of we remember their sacrifice, and that we to our Congress—a historic charge at those brave men and women who have will never forget. which right now we are failing in our made the ultimate sacrifice for free- f duty. dom and justice. His remarks follow I thank the Presiding Officer. and I commend them to my colleagues RECOGNIZING THE CARBONE AUTO I yield the floor. and everyone else who reads the CON- GROUP EXHIBIT 1 GRESSIONAL RECORD as a most fitting Mr. LEAHY. Mr. President, I would COMMITTEE ON AMERICA’S CLIMATE CHOICES Memorial Day tribute: like to bring to the Senate’s attention ALBERT CARNESALE (Chair), University We are gathered in a cemetery consecrated the hard work, dedication, and perse- of California, Los Angeles by the sacrifice of soldiers of our countries verance of the Carbone Auto Group in WILLIAM CHAMEIDES (Vice-Chair), Duke who died in the final days of what, in their Bennington, VT. The Carbone Auto University, Durham, North Carolina time, was called the ‘‘Great War’’ and ‘‘The Group is celebrating its recent show- DONALD F. BOESCH, University of Mary- War To End All Wars.’’ land Center for Environmental Science, room expansion, where they have It was a battle so fierce that almost a cen- merged their Ford, Hyundai, Honda, Cambridge tury later, as we gaze across their places of MARILYN A. BROWN, Georgia Institute of rest, we can still feel their valor and their and Toyota dealerships. Technology, Atlanta anguish. These crosses, row on row, carry re- From its first garage in 1933, to its 25 JONATHAN CANNON, University of Vir- membrance forward, and so does the annual franchises currently running across ginia, Charlottesville Vermont and central New York, the THOMAS DIETZ, Michigan State Univer- reappearance of the poppies in these fields. sity, East Lansing Like the Vermonters who have fallen in Carbone Auto Group is an award-win- GEORGE C. EADS, Charles River Associ- Afghanistan and Iraq, and their numberless ning business that has garnered many ates, Washington, D.C. comrades in conflicts before and after the regional and national accolades. Ap- ROBERT W. FRI, Resources for the Fu- strife of these nearby battlefields, these proaching eight decades in business, ture, Washington, D.C. brave soldiers made no appointment with the Carbone Auto Group deserves rec- death. We hail these fallen patriots for JAMES E. GERINGER, Environmental ognition for its diligence in running Systems Research Institute, Cheyenne, Wyo- braving the violence and tragedy of war. ming But more than that, we honor our fallen such a prosperous family-owned busi- DENNIS L. HARTMANN, University of here because they sacrificed all for a cause ness. The company’s longevity and suc- Washington, Seattle larger than themselves—defending human- cess is a testament to its dedicated

VerDate Mar 15 2010 12:22 Jul 11, 2014 Jkt 099102 PO 00000 Frm 00048 Fmt 0686 Sfmt 0634 E:\BR11\S09JN1.001 S09JN1 wreier-aviles on DSK5TPTVN1PROD with BOUND RECORD 8930 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 6 June 9, 2011 staff members and management—par- While we are all saddened that we Avalon, N.J. with his wife, children and ticularly the founding partners, Joe cannot spend his birthday with him, we grandchildren brought him indescribable joy. Carbone and Phil Sacco. The hub of the will be comforted that he leaves us his Jim’s generosity in life continued as an auto group, Don-Al Management Com- example. As his good friend Frank J. organ donor. Also surviving are seven children, Jean pany, Inc., is now managed by third- McDonnell said at Jim’s funeral mass, McGrath and husband, Christopher, Dun- generation family members Joe, Don, Jim embodied the words from scripture more; Mauri Collins and husband, Joseph, Jr., Enessa, and Alex. that ‘‘a faithful friend is a sturdy shel- Scottsdale, Ariz.; James J. Haggerty, Jr. and The Carbone Auto Group has helped ter; he who finds one has found a treas- fiance´e, Wendy Lettieri, Scranton; Matthew hundreds of Vermonters purchase vehi- ure.’’ For my family and many others and wife, Christina O’Brien Haggerty, Scran- cles over the years, and it has created in northeastern Pennsylvania, Jim ton; Cecelia O’Rourke and husband, James, numerous Vermont jobs. I am pleased Haggerty was our faithful friend and, New York, N.Y.; Daniel Haggerty and to see this local business celebrate its for his family, a sturdy shelter of car- fiance´e, Meghan Stott, Wilkes-Barre; and recent expansion, and I wish them con- ing and love. Kathleen James and husband, Brian, Scran- tinued success in the future. Happy Birthday, Jim. We miss you ton; 18 grandchildren, James, Christopher, Cecelia, Nora and Margaret McGrath; Clare, f every day. Catherine, Cecelia, Rita and Elizabeth Col- I ask to have printed in the RECORD ADDITIONAL STATEMENTS lins; Abigail, Caroline, Cecelia and Matthew the Scranton Times obituary from Feb- Haggerty; Brian, Patrick, Edward and Mar- ruary 11–13, 2011. garet James; and several nieces and nephews. REMEMBERING JAMES J. The information follows. He was also preceded in death by a brother, HAGGERTY JAMES J. HAGGERTY Joseph O. Haggerty; and his stepfather, John Attorney James J. Haggerty of Dunmore P. Cummings.∑ ∑ Mr. CASEY. Mr. President, today I died Tuesday in Naples, Fla. His wife is the f wish to pay tribute to the late James former Cecelia Lynett. The couple would J. Haggerty of Dunmore, PA. Jim was have celebrated 45 years of marriage on Feb. HONORAIR my good friend and on Sunday, June 12, 19. ∑ Ms. LANDRIEU. Mr. President, I he would have celebrated his 75th Born in Scranton, son of the late James J. wish to speak about a very special birthday. He died this past February 8. and Margaret Kearney Haggerty Cummings, Jim and his wife Celia were married he was a graduate of Scranton Preparatory flight that just took place. The Lou- for 40 years and they were the parents School, the College of the Holy Cross and isiana HonorAir flight that came into Georgetown University Law Center, where of seven loving children: Jean, Mauri, Washington on Saturday, May 28, in- he was a member of the Law Review. He re- cluded a group of 77 World War II vet- James, Matthew, Cecelia, Daniel and ceived honorary degrees from Villanova Uni- Kathleen. erans from Louisiana. These veterans versity and the University of Scranton. Jim visited the various memorials and Jim was raised in Dunmore and grad- served active duty in the Army Infantry and uated from Scranton Preparatory as a member of the Pennsylvania National monuments that recognize the sac- School. After graduating from the Col- Guard and Army Reserve. Jim served as law rifices of our Nation’s invaluable mili- lege of the Holy Cross in 1957, Jim clerk to the Honorable William J. Nealon, tary members. graduated with honors from George- chief judge, U.S. District Court, Middle Dis- Louisiana HonorAir, a group based in town Law School. He returned home to trict of Pennsylvania. A lifelong friend and Lafayette, LA, sponsored this latest adviser to former Gov. Robert P. Casey, Jim trip—its 22nd flight—to the Nation’s northeastern Pennsylvania to become served as the secretary of the commonwealth the first law clerk to U.S. District Capital. The organization honors sur- and later as general counsel to the late gov- viving Louisiana World War II veterans Court Judge William J. Nealon. Jim’s ernor. At the time of his death, Jim was a passion for public service led him to partner in the Scranton law firm of by giving them an opportunity to see run for Congress in 1964 and State sen- Haggerty, McDonnell & Hinton, formerly the memorials dedicated to their serv- ate in 1966. While he was not successful Casey, Haggerty & McDonnell and later ice. On this trip, the veterans visited in those campaigns, Jim was Haggerty, McDonnell & O’Brien. He also the World War II, Korea, Vietnam and undeterred in his efforts to serve the served as president of the Lackawanna Coun- Iwo Jima memorials. They traveled to ty Bar Association and was a permanent Arlington National Cemetery to lay a people of Pennsylvania. For the next 40 member of the Third Circuit Judicial Con- years, he was a close friend and an wreath on the Tomb of the Unknown ference. Jim served as chairman of the board Soldier. ever-faithful supporter of my father of trustees for the University of Scranton Robert P. Casey and me in all of our and Scranton Preparatory School. He was World War II was one of America’s campaigns for public office in Pennsyl- president of the Friendly Sons of St. Patrick greatest triumphs, but was also a con- vania. Jim was a brilliant lawyer and of Lackawanna County and served as direc- flict rife with individual sacrifice and he had a very successful law practice in tor of the Greater Scranton Chamber of tragedy. More than 60 million people Scranton for many years. Commerce and the United Way of Lacka- worldwide were killed, including 40 When my father was elected Gov- wanna County. Jim was also a member of the million civilians, and more than 400,000 board of directors at the Country Club of ernor in 1986, Jim came to Harrisburg American servicemembers were slain Scranton and First National Community during the long war. The ultimate vic- to serve the people, first as secretary of Bank. the Commonwealth and then as general Jim was a loving and vibrant man, known tory over enemies in the Pacific and in counsel. Jim’s friendship and counsel to close friends as ‘‘the Big Fella,’’ and rec- Europe is a testament to the valor of served Governor Casey well during his ognized by countless others who had the American soldiers, sailors, airmen and two terms. He handled his responsibil- privilege to befriend him as larger than life. marines. The years 1941 to 1945 also ities with integrity and a deep commit- Jim had a renowned sense of humor and an witnessed an unprecedented mobiliza- ease with people that endeared him to all ment to public service. He believed, as tion of domestic industry, which sup- whose lives he touched. His infectious per- plied our military on two distant the Scriptures tell us, that ‘‘to whom sonality was outdone by his impressive pro- much is given, much is expected.’’ fessional accomplishments as a successful fronts. After his years in State government, lawyer. He was respected by his peers and re- In Louisiana, there are roughly 21,000 Jim welcomed me as a law partner. He vered by fellow members of the bar for his living WWII veterans, and each one has mentored me in life as much as in the honesty, ethics and fair dealing. He ranks a heroic tale of achieving the noble vic- law. He understood the call to serve among the most loyal Dunmoreans and tory of freedom over tyranny. The old- and supported me generously when I Democrats of all time. Loyalty was para- est in this HonorAir group was born in decided to seek public office. mount to his very being. Above all, Jim was 1915 and 7 veterans on this HonorAir Jim’s life was a life of hard work and a devoted husband, father and grandfather flight were women. These veterans and the most positive role model to those he service, faith and family. No personal loved so dearly. His favorite times were served in various branches of the mili- or professional accomplishments out- spent with his sons and friends golfing at the tary—20 Army, 26 Navy, 12 Army Air weighed the love he had for Celia, his Country Club of Scranton, and he most rel- Corps, 11 Marines, 1 Coast Guard, and 7 children and 18 grandchildren. ished time spent with family. Summers in in women’s services.

VerDate Mar 15 2010 12:22 Jul 11, 2014 Jkt 099102 PO 00000 Frm 00049 Fmt 0686 Sfmt 0634 E:\BR11\S09JN1.001 S09JN1 wreier-aviles on DSK5TPTVN1PROD with BOUND RECORD June 9, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 6 8931 Our heroes served across the globe, positively affected the lives of thou- its centennial by officials from the participating in major invasions such sands of young people, giving them one town of Dixfield and True Value. as those at Iwo Jima, Okinawa, Gua- of the greatest gifts America can be- Small businesses like Towle’s Hard- dalcanal, Leyte, the Philippines, and stow upon its citizenry: the gift of edu- ware are the heart and soul of our Na- southern France. One was a prisoner of cation. As a teacher, Dave Craig has tion’s communities. Main Streets war who also received the Army of Oc- served his school, his community, his across America are chock full of res- cupation medal, while others fought in country and most importantly his stu- taurants, grocery stores, and shopping the historic Battle of the Bulge or at dents with enthusiasm and dedication. boutiques which provide citizens with Pearl Harbor during the infamous at- We should all be very thankful for his the goods and wares they need. Towle’s tack in 1941. Many of these veterans selfless devotion to Highline High Hardware and Lumber is a prime exam- have been decorated with honors such School. ple of a small business that has per- as the Purple Heart or the Bronze Star On behalf of all Washingtonians, we severed through turbulent economic Medal. commend David for his many years of times—from the Great Depression to These men and women, who have commitment to our State. His knowl- the most recent recession—time and given so much for our country, truly edge, experience, and loyalty to edu- time again. I congratulate everyone at represent our greatest generation. I cation will be sorely missed. We con- Towle’s for their major milestone and ask the Senate to join me in honoring gratulate David and wish he and his wish them many more years of accom- these 77 veterans, all Louisiana heroes, wife Paula the best of luck in their fu- plishment.∑ ∑ that we welcomed to Washington on ture endeavors. f May 28 and Louisiana HonorAir for f making these trips a reality.∑ MESSAGES FROM THE PRESIDENT RECOGNIZING TOWLE’S Messages from the President of the f HARDWARE AND LUMBER STORE United States were communicated to TRIBUTE TO DAVID CRAIG ∑ Ms. SNOWE. Mr. President, while our the Senate by Mr. Pate, one of his sec- ∑ Mrs. MURRAY. Mr. President on be- efforts here in Washington regarding retaries. half of Senator CANTWELL and myself, small business are often focused on f it is with great privilege that I con- how to help start new companies, our gratulate a hard-working Washing- economy also relies on those small EXECUTIVE MESSAGES REFERRED tonian, Mr. David Craig, on his well-de- firms which have been in operation for As in executive session the Presiding served retirement on June 23, 2011, generation after generation. One such Officer laid before the Senate messages after forty seven years of dedicated small business, Towle’s Hardware & from the President of the United service to the students of Highline Lumber Store in Dixfield, this week States submitting sundry nominations High School. celebrates its 100th anniversary. Today and a withdrawal which were referred Mr. Craig taught business in class- I commend Towle’s for its remarkable to the appropriate committees. room 216 at Highline High School for achievement and highlight its tremen- (The nominations received today are his entire career. To put his extraor- dous story. printed at the end of the Senate pro- dinary longevity in perspective, Mr. Towle’s Hardware and Lumber Store ceedings.) Craig’s first graduating class were 18 opened its doors in 1911 as C.H. Towle’s years old during the 1964–1965 school Hardware, when Charles Towle pur- f year. During that same year, President chased the former Stockbridge Hard- EXECUTIVE AND OTHER Lyndon Johnson declared war on pov- ware Store on Weld Street in Dixfield. COMMUNICATIONS erty and signed the 1964 Civil Rights At that time, Towle’s offered its cus- The following communications were Act; Beatlemania was sweeping the tomers a wide variety of basic neces- laid before the Senate, together with globe, and Muhammad Ali was named sities, from paint, lumber, and tools, to accompanying papers, reports, and doc- the heavy weight champion of the cast iron stoves, electric and gas refrig- uments, and were referred as indicated: world. Today, those 18-year-old stu- erators, and even John Deere tractors. The Towle family considers the com- EC–1991. A communication from the Dep- dents are now senior citizens. uty Assistant Administrator for Operations, Over the course of five decades, Mr. pany’s long-term success and longevity Office of Sustainable Fisheries, Department Craig has touched the lives of over as byproducts of its work ethic, atten- of Commerce, transmitting, pursuant to law, 10,000 students. He had the pleasure, as tion to customer service, and decision the report of a rule entitled ‘‘Fisheries of the few teachers do, of having his children, to sell quality products at reasonable Caribbean, Gulf of Mexico, and South Atlan- Michael and Shelley, as students. He prices. Indeed, over the years, the busi- tic; Reef Fish Fishery of the Gulf of Mexico; taught Royce Badley, now his co- ness has expanded in size, installed an Red Snapper Management Measures’’ worker and Academic Dean of Students elevator, and opened a package ship- (RIN0648–BA54) received during adjournment for the Highline High School, and ping operation in the 1980s. In the 1960s, of the Senate in the Office of the President of the Senate on June 2, 2011; to the Com- Shaya Calvo, now senior prosecuting Towle’s joined American Hardware, one mittee on Commerce, Science, and Transpor- attorney for King County. He has also of the Nation’s earlier co-operative tation. seen his share of tragedies, including hardware companies, and to this day it EC–1992. A communication from the Dep- losing students to conflicts in Viet- remains a member of True Value, with uty Assistant Administrator for Operations, nam, Iraq, and Afghanistan. Yet he is which American Hardware later Office of Sustainable Fisheries, Department consistently reminded of the joy of merged. In 2008, Towle’s Hardware of Commerce, transmitting, pursuant to law, teaching, seeing it not only in the moved into a new 6,000-square-foot lo- the report of a rule entitled ‘‘Fisheries of the young people he continues to help cation just a few yards from the old lo- Caribbean, Gulf of Mexico, and South Atlan- tic; Reef Fish Fishery of the Gulf of Mexico; today, but also in the frequent encoun- cation. That same year the family also Greater Amberjack Management Measures’’ ters he has with former students in his opened the Towle’s Corner Store to (RIN0648–BA48) received in the Office of the day-to-day life. serve the community in even more President of the Senate on June 6, 2011; to It is important moments such as the ways. the Committee on Commerce, Science, and retirement of a great teacher that we This week, Towle’s is holding a week- Transportation. reflect on their impact on their school long celebration of the company’s cen- EC–1993. A communication from the Acting and community. In assessing the leg- tennial. Events include free product Director, Office of Sustainable Fisheries, De- acy of a teacher like Dave Craig, Henry giveaways, raffles for Towle’s gift cer- partment of Commerce, transmitting, pursu- ant to law, the report of a rule entitled Adams perhaps said it best: ‘‘a teacher tificates and other prizes, and a rec- ‘‘Fisheries of the Northeastern United affects eternity; he can never tell ognition ceremony for the company, States; Summer Flounder Fishery; Quota where his influence stops.’’ The legacy which includes the presentation of a Transfer’’ (RIN0648–XA403) received during that Dave Craig leaves is one that has special plaque to Towle’s in honor of adjournment of the Senate in the Office of

VerDate Mar 15 2010 12:22 Jul 11, 2014 Jkt 099102 PO 00000 Frm 00050 Fmt 0686 Sfmt 0634 E:\BR11\S09JN1.001 S09JN1 wreier-aviles on DSK5TPTVN1PROD with BOUND RECORD 8932 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 6 June 9, 2011 the President of the Senate on June 2, 2011; the Committee on Commerce, Science, and mittee on Commerce, Science, and Transpor- to the Committee on Commerce, Science, Transportation. tation. and Transportation. EC–2001. A communication from the Dep- EC–2008. A communication from the Senior EC–1994. A communication from the Acting uty Assistant Administrator for Regulatory Program Analyst, Federal Aviation Adminis- Director, Office of Sustainable Fisheries, De- Programs, Office of Sustainable Fisheries, tration, Department of Transportation, partment of Commerce, transmitting, pursu- Department of Commerce, transmitting, pur- transmitting, pursuant to law, the report of ant to law, the report of a rule entitled suant to law, the report of a rule entitled a rule entitled ‘‘Standard Instrument Ap- ‘‘Fisheries of the Exclusive Economic Zone ‘‘Magnuson-Stevens Act Provisions; Fish- proach Procedures (84); Amdt. No. 3426’’ Off Alaska; Reallocation of Pacific Cod in eries Off West Coast States; Pacific Coast (RIN2120–AA65) received during adjournment the Bering Sea and Aleutian Islands Manage- Groundfish Fishery; Biennial Specifications of the Senate in the Office of the President ment Area’’ (RIN0648–XA442) received during and Management Measures’’ (RIN0648–BA01) of the Senate on June 2, 2011; to the Com- adjournment of the Senate in the Office of received in the Office of the President of the mittee on Commerce, Science, and Transpor- the President of the Senate on June 2, 2011; Senate on June 6, 2011; to the Committee on tation. to the Committee on Commerce, Science, Commerce, Science, and Transportation. EC–2009. A communication from the Senior and Transportation. EC–2002. A communication from the Pro- Program Analyst, Federal Aviation Adminis- EC–1995. A communication from the Acting gram Analyst, National Highway Traffic tration, Department of Transportation, Director, Office of Sustainable Fisheries, De- Safety Administration, Department of transmitting, pursuant to law, the report of partment of Commerce, transmitting, pursu- Transportation, transmitting, pursuant to a rule entitled ‘‘Standard Instrument Ap- ant to law, the report of a rule entitled law, the report of a rule entitled ‘‘Federal proach Procedures (97); Amdt. No. 3424’’ ‘‘Fisheries of the Caribbean, Gulf of Mexico, Motor Vehicle Safety Standards No. 218; Mo- (RIN2120–AA65) received in the Office of the and South Atlantic; Coastal Migratory Pe- torcycle Helmets Upgrade’’ (RIN2127–AK15) President of the Senate on May 25, 2011; to lagic Resources of the Gulf of Mexico and received in the Office of the President of the the Committee on Commerce, Science, and South Atlantic’’ (RIN0648–XA195) received in Senate on May 25, 2011; to the Committee on Transportation. the Office of the President of the Senate on Commerce, Science, and Transportation. EC–2010. A communication from the Senior June 6, 2011; to the Committee on Commerce, EC–2003. A communication from the Senior Program Analyst, Federal Aviation Adminis- Science, and Transportation. Program Analyst, Federal Aviation Adminis- tration, Department of Transportation, EC–1996. A communication from the Dep- tration, Department of Transportation, transmitting, pursuant to law, the report of uty Assistant Administrator for Regulatory transmitting, pursuant to law, the report of a rule entitled ‘‘Standard Instrument Ap- Programs, Office of Sustainable Fisheries, a rule entitled ‘‘Airworthiness Directives; proach Procedures (12); Amdt. No. 3425’’ Department of Commerce, transmitting, pur- The Boeing Company Model 747–100, 747–100B, (RIN2120–AA65) received during adjournment suant to law, the report of a rule entitled 747–100B SUD, 747–200B, 747–300C, 747–200F, of the Senate in the Office of the President ‘‘Taking of Marine Mammals Incidental to 747–300, 747SR, and 747SP Series Airplanes’’ of the Senate on May 25, 2011; to the Com- Specified Activities; Taking Marine Mam- ((RIN2120–AA64) (Docket No. FAA–2008–1098)) mittee on Commerce, Science, and Transpor- mals Incidental to Training Operations Con- received during adjournment of the Senate tation. EC–2011. A communication from the Attor- ducted Within the Gulf of Mexico Range in the Office of the President of the Senate ney, U.S. Coast Guard, Department of Home- Complex’’ (RIN0648–XA86) received during on June 2, 2011; to the Committee on Com- land Security, transmitting, pursuant to adjournment of the Senate in the Office of merce, Science, and Transportation. law, the report of a rule entitled ‘‘Safety the President of the Senate on June 1, 2011; EC–2004. A communication from the Senior Zone; Ohio River, Sewickley, PA’’ ((RIN1625– to the Committee on Commerce, Science, Program Analyst, Federal Aviation Adminis- AA00) (Docket No. USCG–2011–0253)) received and Transportation. tration, Department of Transportation, in the Office of the President of the Senate EC–1997. A communication from the Dep- transmitting, pursuant to law, the report of on June 6, 2011; to the Committee on Com- uty Assistant Administrator for Regulatory a rule entitled ‘‘Airworthiness Directives; merce, Science, and Transportation. Programs, Office of Sustainable Fisheries, British Aerospace Regional Aircraft Model EC–2012. A communication from the Attor- Department of Commerce, transmitting, pur- HP.137 Jetstream Mk.1, Jetstream Series 200, ney, U.S. Coast Guard, Department of Home- suant to law, the report of a rule entitled Jetstream Series 3101, and Jetstream Model land Security, transmitting, pursuant to ‘‘Fisheries Off West Coast States; West Coast 3201 Airplanes’’ ((RIN2120–AA64) (Docket No. law, the report of a rule entitled ‘‘Safety Salmon Fisheries; 2011 Management Meas- FAA–2011–0230)) received during adjournment Zone; Coast Guard Use of Force Training Ex- ures’’ (RIN0648–XA184) received in the Office of the Senate in the Office of the President ercises, San Pablo Bay, CA’’ ((RIN1625–AA00) of the President of the Senate on June 6, of the Senate on June 2, 2011; to the Com- (Docket No. USCG–2009–0324)) received in the 2011; to the Committee on Commerce, mittee on Commerce, Science, and Transpor- Office of the President of the Senate on June Science, and Transportation. tation. 6, 2011; to the Committee on Commerce, EC–1998. A communication from the Senior EC–2005. A communication from the Senior Science, and Transportation. Program Analyst, Federal Aviation Adminis- Program Analyst, Federal Aviation Adminis- EC–2013. A communication from the Attor- tration, Department of Transportation, tration, Department of Transportation, ney, U.S. Coast Guard, Department of Home- transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of land Security, transmitting, pursuant to a rule entitled ‘‘Airworthiness Directives; a rule entitled ‘‘Airworthiness Directives; law, the report of a rule entitled ‘‘Safety Agusta S.p.A. Model AB412 Helicopters’’ Eurocopter France Model AS350B, B1, B2, B3, Zone; Red River’’ ((RIN1625–AA00) (Docket ((RIN2120–AA64) (Docket No. FAA–2011–0452)) BA, and EC130 B4 Helicopters’’ ((RIN2120– No. USCG–2011–0260)) received in the Office of received during adjournment of the Senate AA64) (Docket No. FAA–2010–1228)) received the President of the Senate on June 6, 2011; in the Office of the President of the Senate during adjournment of the Senate in the Of- to the Committee on Commerce, Science, on June 2, 2011; to the Committee on Com- fice of the President of the Senate on June 2, and Transportation. merce, Science, and Transportation. 2011; to the Committee on Commerce, EC–2014. A communication from the Attor- EC–1999. A communication from the Dep- Science, and Transportation. ney, U.S. Coast Guard, Department of Home- uty Assistant Administrator for Regulatory EC–2006. A communication from the Senior land Security, transmitting, pursuant to Programs, Office of Sustainable Fisheries, Program Analyst, Federal Aviation Adminis- law, the report of a rule entitled ‘‘Safety Department of Commerce, transmitting, pur- tration, Department of Transportation, Zone; Fireworks Display Kanawha River, suant to law, the report of a rule entitled transmitting, pursuant to law, the report of WV’’ ((RIN1625–AA00) (Docket No. USCG– ‘‘Fisheries of the Northeastern United a rule entitled ‘‘Airworthiness Directives; 2010–1015)) received in the Office of the Presi- States; Northeast Skate Complex Fishery; PIAGGIO AERO INDUSTRIES S.p.A Model dent of the Senate on June 6, 2011; to the Framework Adjustment 1’’ (RIN0648–BA91) P–180 Airplanes’’ ((RIN2120–AA64) (Docket Committee on Commerce, Science, and received in the Office of the President of the No. FAA–2011–0468)) received during adjourn- Transportation. Senate on June 6, 2011; to the Committee on ment of the Senate in the Office of the Presi- EC–2015. A communication from the Attor- Commerce, Science, and Transportation. dent of the Senate on June 2, 2011; to the ney Advisor, U.S. Coast Guard, Department EC–2000. A communication from the Dep- Committee on Commerce, Science, and of Homeland Security, transmitting, pursu- uty Assistant Administrator for Regulatory Transportation. ant to law, the report of a rule entitled Programs, Office of Sustainable Fisheries, EC–2007. A communication from the Senior ‘‘Safety Zone; Fleet Week Maritime Fes- Department of Commerce, transmitting, pur- Program Analyst, Federal Aviation Adminis- tival, Pier 66, Elliott Bay, Seattle, WA’’ suant to law, the report of a rule entitled tration, Department of Transportation, ((RIN1625–AA00) (Docket No. USCG–2010– ‘‘Magnuson-Stevens Act Provisions; Fish- transmitting, pursuant to law, the report of 0062)) received in the Office of the President eries Off West Coast States; Pacific Coast a rule entitled ‘‘Standard Instrument Ap- of the Senate on June 6, 2011; to the Com- Groundfish Fishery; Biennial Specifications proach Procedures (68); Amdt. No. 3427’’ mittee on Commerce, Science, and Transpor- and Management Measures’’ ((RIN0648–BA01) (RIN2120–AA65) received during adjournment tation. (RIN0648–BA95)) received in the Office of the of the Senate in the Office of the President EC–2016. A communication from the Attor- President of the Senate on June 6, 2011; to of the Senate on June 2, 2011; to the Com- ney Advisor, U.S. Coast Guard, Department

VerDate Mar 15 2010 12:22 Jul 11, 2014 Jkt 099102 PO 00000 Frm 00051 Fmt 0686 Sfmt 0634 E:\BR11\S09JN1.001 S09JN1 wreier-aviles on DSK5TPTVN1PROD with BOUND RECORD June 9, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 6 8933 of Homeland Security, transmitting, pursu- of Homeland Security, transmitting, pursu- the Committee on Commerce, Science, and ant to law, the report of a rule entitled ant to law, the report of a rule entitled Transportation. ‘‘Safety Zone; Marysville Days Fireworks, ‘‘Safety Zone; Ford Estate Wedding Fire- EC–2032. A communication from the Attor- St. Clair River, Marysville, MI’’ ((RIN1625– works, Lake St. Clair, Grosse Pointe Shores, ney Advisor, U.S. Coast Guard, Department AA00) (Docket No. USCG–2011–0190)) received MI’’ ((RIN1625–AA00)(Docket No. USCG–2011– of Homeland Security, transmitting, pursu- in the Office of the President of the Senate 0165)) received in the Office of the President ant to law, the report of a rule entitled ‘‘Se- on June 6, 2011; to the Committee on Com- of the Senate on June 6, 2011; to the Com- curity Zone; Vessels Carrying Hazardous merce, Science, and Transportation. mittee on Commerce, Science, and Transpor- Cargo, Sector Columbia River Captain of the EC–2017. A communication from the Attor- tation. Port Zone’’ ((RIN1625–AA87)(Docket No. ney Advisor, U.S. Coast Guard, Department EC–2025. A communication from the Attor- USCG–2009–1134)) received in the Office of the of Homeland Security, transmitting, pursu- ney Advisor, U.S. Coast Guard, Department President of the Senate on June 6, 2011; to ant to law, the report of a rule entitled of Homeland Security, transmitting, pursu- the Committee on Commerce, Science, and ‘‘Safety Zone; Wicomico Community Fire- ant to law, the report of a rule entitled Transportation. works, Great Wicomico River, Mila, VA’’ ‘‘Safety Zone; Big Rock Blue Marlin Air EC–2033. A communication from the Senior ((RIN1625–AA00) (Docket No. USCG–2011– Show; Bogue Sound, Morehead City, NC’’ Program Analyst, Federal Aviation Adminis- 0390)) received in the Office of the President ((RIN1625–AA00)(Docket No. USCG–2011– tration, Department of Transportation, of the Senate on June 6, 2011; to the Com- 0168)) received in the Office of the President transmitting, pursuant to law, the report of mittee on Commerce, Science, and Transpor- of the Senate on June 6, 2011; to the Com- a rule entitled ‘‘Amendment of Class D and tation. mittee on Commerce, Science, and Transpor- Class E Airspace; Livermore, CA’’ ((RIN2120– EC–2018. A communication from the Attor- tation. AA66)(Docket No. FAA–2010–1264)) received ney Advisor, U.S. Coast Guard, Department EC–2026. A communication from the Attor- during adjournment of the Senate in the Of- of Homeland Security, transmitting, pursu- ney Advisor, U.S. Coast Guard, Department fice of the President of the Senate on June 2, ant to law, the report of a rule entitled of Homeland Security, transmitting, pursu- 2011; to the Committee on Commerce, ‘‘Safety Zone; Underwater Hazard, Graves- ant to law, the report of a rule entitled Science, and Transportation. end Bay, Brooklyn, NY’’ ((RIN1625–AA00) ‘‘Safety Zone; Pierce County Department of EC–2034. A communication from the Senior (Docket No. USCG–2010–1126)) received in the Emergency Management Regional Water Ex- Program Analyst, Federal Aviation Adminis- Office of the President of the Senate on June ercise, East Passage, Tacoma, WA’’ tration, Department of Transportation, 6, 2011; to the Committee on Commerce, ((RIN1625–AA00)(Docket No. USCG–2011– transmitting, pursuant to law, the report of Science, and Transportation. 0251)) received in the Office of the President a rule entitled ‘‘Modification of Class E Air- EC–2019. A communication from the Attor- of the Senate on June 6, 2011; to the Com- space; Poplar, MT’’ ((RIN2120–AA66)(Docket ney Advisor, U.S. Coast Guard, Department mittee on Commerce, Science, and Transpor- No. FAA–2011–0016)) received during adjourn- of Homeland Security, transmitting, pursu- tation. ment of the Senate in the Office of the Presi- ant to law, the report of a rule entitled EC–2027. A communication from the Attor- dent of the Senate on June 2, 2011; to the ‘‘Safety Zone; Air Power Over Hampton ney Advisor, U.S. Coast Guard, Department Committee on Commerce, Science, and Roads, Back River, Hampton, VA’’ ((RIN1625– of Homeland Security, transmitting, pursu- Transportation. AA00)(Docket No. USCG–2011–0288)) received ant to law, the report of a rule entitled EC–2035. A communication from the Senior in the Office of the President of the Senate ‘‘Safety Zone; Repair of High Voltage Trans- Program Analyst, Federal Aviation Adminis- on June 6, 2011; to the Committee on Com- mission Lines to Logan International Air- tration, Department of Transportation, merce, Science, and Transportation. port, Saugus River, Saugus, MA’’ ((RIN1625– transmitting, pursuant to law, the report of EC–2020. A communication from the Attor- AA00)(Docket No. USCG–2011–0297)) received a rule entitled ‘‘Establishment of Class E ney Advisor, U.S. Coast Guard, Department in the Office of the President of the Senate Airspace; Kenbridge, VA’’ ((RIN2120– of Homeland Security, transmitting, pursu- on June 6, 2011; to the Committee on Com- AA66)(Docket No. FAA–2011–0160)) received ant to law, the report of a rule entitled merce, Science, and Transportation. during adjournment of the Senate in the Of- ‘‘Safety Zone; Blue Crab Festival Fireworks EC–2028. A communication from the Attor- fice of the President of the Senate on June 2, Display, Little River, Little River, SC’’ ney Advisor, U.S. Coast Guard, Department 2011; to the Committee on Commerce, ((RIN1625–AA00)(Docket No. USCG–2011– of Homeland Security, transmitting, pursu- Science, and Transportation. 0097)) received in the Office of the President ant to law, the report of a rule entitled EC–2036. A communication from the Senior of the Senate on June 6, 2011; to the Com- ‘‘Safety Zone; Coughlin Wedding Fireworks, Program Analyst, Federal Aviation Adminis- mittee on Commerce, Science, and Transpor- Lake St. Clair, Harrison Township, MI’’ tration, Department of Transportation, tation. ((RIN1625–AA00)(Docket No. USCG–2011– transmitting, pursuant to law, the report of EC–2021. A communication from the Attor- 0164)) received in the Office of the President a rule entitled ‘‘Amendment of Class E Air- ney Advisor, U.S. Coast Guard, Department of the Senate on June 6, 2011; to the Com- space; Brunswick Malcolm–McKinnon Air- of Homeland Security, transmitting, pursu- mittee on Commerce, Science, and Transpor- port, GA’’ ((RIN2120–AA66)(Docket No. FAA– ant to law, the report of a rule entitled tation. 2010–0949)) received during adjournment of ‘‘Safety Zone; Second Annual Space Coast EC–2029. A communication from the Attor- the Senate in the Office of the President of Super Boat Grand Prix, Atlantic Ocean, ney Advisor, U.S. Coast Guard, Department the Senate on June 2, 2011; to the Committee Cocoa Beach, FL’’ ((RIN1625–AA00)(Docket of Homeland Security, transmitting, pursu- on Commerce, Science, and Transportation. No. USCG–2011–0143)) received in the Office of ant to law, the report of a rule entitled EC–2037. A communication from the Senior the President of the Senate on June 6, 2011; ‘‘Safety Zone; 2011 Memorial Day Tribute Program Analyst, Federal Aviation Adminis- to the Committee on Commerce, Science, Fireworks, Lake Charlevoix, Boyne City, tration, Department of Transportation, and Transportation. MI’’ ((RIN1625–AA008)(Docket No. USCG– transmitting, pursuant to law, the report of EC–2022. A communication from the Attor- 2011–0325)) received in the Office of the Presi- a rule entitled ‘‘Amendment of Class D and ney Advisor, U.S. Coast Guard, Department dent of the Senate on June 6, 2011; to the Class E Airspace; Palmdale, CA’’ ((RIN2120– of Homeland Security, transmitting, pursu- Committee on Commerce, Science, and AA66)(Docket No. FAA–2010–1241)) received ant to law, the report of a rule entitled Transportation. during adjournment of the Senate in the Of- ‘‘Safety Zones; Bellingham Bay, Bellingham, EC–2030. A communication from the Attor- fice of the President of the Senate on June 2, WA and Lake Union, Seattle, WA’’ ney Advisor, U.S. Coast Guard, Department 2011; to the Committee on Commerce, ((RIN1625–AA00)(Docket No. USCG–2011– of Homeland Security, transmitting, pursu- Science, and Transportation. 0250)) received in the Office of the President ant to law, the report of a rule entitled EC–2038. A communication from the Senior of the Senate on June 6, 2011; to the Com- ‘‘Safety Zone; Catawba Island Club Fire- Program Analyst, Federal Aviation Adminis- mittee on Commerce, Science, and Transpor- works, Catawba Island Club, Port Clinton, tration, Department of Transportation, tation. OH’’ ((RIN1625–AA00)(Docket No. USCG–2011– transmitting, pursuant to law, the report of EC–2023. A communication from the Attor- 0216)) received in the Office of the President a rule entitled ‘‘Amendment of Class E Air- ney Advisor, U.S. Coast Guard, Department of the Senate on June 6, 2011; to the Com- space; McCall, ID’’ ((RIN2120–AA66)(Docket of Homeland Security, transmitting, pursu- mittee on Commerce, Science, and Transpor- No. FAA–2011–0097)) received in the Office of ant to law, the report of a rule entitled tation. the President of the Senate on May 25, 2011; ‘‘Safety Zone; Fourth Annual Offshore Chal- EC–2031. A communication from the Attor- to the Committee on Commerce, Science, lenge, Sunny Isles Beach, FL’’ ((RIN1625– ney Advisor, U.S. Coast Guard, Department and Transportation. AA00)(Docket No. USCG–2011–0034)) received of Homeland Security, transmitting, pursu- EC–2039. A communication from the Senior in the Office of the President of the Senate ant to law, the report of a rule entitled Program Analyst, Federal Aviation Adminis- on June 6, 2011; to the Committee on Com- ‘‘Safety Zone; Newport River; Morehead tration, Department of Transportation, merce, Science, and Transportation. City, NC’’ ((RIN1625–AA00)(Docket No. transmitting, pursuant to law, the report of EC–2024. A communication from the Attor- USCG–2011–0184)) received in the Office of the a rule entitled ‘‘Revocation of Class E Air- ney Advisor, U.S. Coast Guard, Department President of the Senate on June 6, 2011; to space; Ozark, MO’’ ((RIN2120–AA66)(Docket

VerDate Mar 15 2010 12:22 Jul 11, 2014 Jkt 099102 PO 00000 Frm 00052 Fmt 0686 Sfmt 0634 E:\BR11\S09JN1.001 S09JN1 wreier-aviles on DSK5TPTVN1PROD with BOUND RECORD 8934 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 6 June 9, 2011 No. FAA–2011–0432)) received in the Office of organization of Sector North Carolina; Tech- tration, Department of Transportation, the President of the Senate on May 25, 2011; nical Amendment’’ ((RIN1625–ZA30)(Docket transmitting, pursuant to law, the report of to the Committee on Commerce, Science, No. USCG–2011–0368)) received in the Office of a rule entitled ‘‘Airworthiness Directives; and Transportation. the President of the Senate on June 6, 2011; Airbus Model A300 and A310 Series Airplanes, EC–2040. A communication from the Senior to the Committee on Commerce, Science, and Model A300 B4–600, B4–600R, and F4–600R Program Analyst, Federal Aviation Adminis- and Transportation. Series Airplanes, and Model C4–605R Variant tration, Department of Transportation, EC–2048. A communication from the Attor- F Airplanes (Collectively Called A300–600 Se- transmitting, pursuant to law, the report of ney Advisor, U.S. Coast Guard, Department ries Airplanes)’’ ((RIN2120–AA64)(Docket No. a rule entitled ‘‘Revocation of Class E Air- of Homeland Security, transmitting, pursu- FAA–2011–0030)) received in the Office of the space; Gruver Cluck Ranch Airport, TX’’ ant to law, the report of a rule entitled ‘‘Spe- President of the Senate on May 25, 2011; to ((RIN2120–AA66)(Docket No. FAA–2011–0272)) cial Local Regulation; Allegheny River, the Committee on Commerce, Science, and received in the Office of the President of the Pittsburgh, PA’’ ((RIN1625–AA08)(Docket No. Transportation. Senate on May 25, 2011; to the Committee on USCG–2011–0160)) received in the Office of the EC–2056. A communication from the Senior Commerce, Science, and Transportation. President of the Senate on June 6, 2011; to Program Analyst, Federal Aviation Adminis- EC–2041. A communication from the Senior the Committee on Commerce, Science, and tration, Department of Transportation, Program Analyst, Federal Aviation Adminis- Transportation. transmitting, pursuant to law, the report of tration, Department of Transportation, EC–2049. A communication from the Attor- a rule entitled ‘‘Airworthiness Directives; transmitting, pursuant to law, the report of ney Advisor, U.S. Coast Guard, Department DASSAULT AVIATION Model MYSTERE– a rule entitled ‘‘Amendment of Class D and of Homeland Security, transmitting, pursu- FALCON 50 AIRPLANES’’ ((RIN2120– Class E Airspace; Idaho Falls, ID’’ ((RIN2120– ant to law, the report of a rule entitled ‘‘Dis- AA64)(Docket No. FAA–2011–0042)) received AA66)(Docket No. FAA–2011–0023)) received establishing Special Anchorage Area 2; Ash- in the Office of the President of the Senate in the Office of the President of the Senate ley River, Charleston, SC’’ ((RIN1625– on May 25, 2011; to the Committee on Com- on May 25, 2011; to the Committee on Com- AA01)(Docket No. USCG–2008–0852)) received merce, Science, and Transportation. EC–2057. A communication from the Senior merce, Science, and Transportation. in the Office of the President of the Senate Program Analyst, Federal Aviation Adminis- EC–2042. A communication from the Senior on June 6, 2011; to the Committee on Com- tration, Department of Transportation, Program Analyst, Federal Aviation Adminis- merce, Science, and Transportation. EC–2050. A communication from the Attor- transmitting, pursuant to law, the report of tration, Department of Transportation, ney Advisor, U.S. Coast Guard, Department a rule entitled ‘‘Airworthiness Directives; transmitting, pursuant to law, the report of of Homeland Security, transmitting, pursu- Cessna Aircraft Company Models 150, 152, 170, a rule entitled ‘‘Amendment of Class D and ant to law, the report of a rule entitled 172, 175, 177, 180, 182, 185, 188, 190, 195, 206, 207, Class E Airspace; Livermore, CA’’ ((RIN2120– ‘‘Drawbridge Operation Regulation; Isle of 210, T303, 336, and 337 Airplanes’’ ((RIN2120– AA66)(Docket No. FAA–2010–1264)) received Wight (Sinepuxent) Bay, Ocean City, MD’’ AA64)(Docket No. FAA–2010–1101)) received in the Office of the President of the Senate ((RIN1625–AA09)(Docket No. USCG–2010– in the Office of the President of the Senate on May 25, 2011; to the Committee on Com- 0612)) received in the Office of the President on May 25, 2011; to the Committee on Com- merce, Science, and Transportation. of the Senate on June 6, 2011; to the Com- merce, Science, and Transportation. EC–2043. A communication from the Attor- mittee on Commerce, Science, and Transpor- EC–2058. A communication from the Senior ney Advisor, U.S. Coast Guard, Department tation. Program Analyst, Federal Aviation Adminis- of Homeland Security, transmitting, pursu- EC–2051. A communication from the Attor- tration, Department of Transportation, ant to law, the report of a rule entitled ney Advisor, U.S. Coast Guard, Department transmitting, pursuant to law, the report of ‘‘Temporary Change of Dates for Recurring of Homeland Security, transmitting, pursu- a rule entitled ‘‘Airworthiness Directives; Marine Event in the Fifth Coast Guard Dis- ant to law, the report of a rule entitled ‘‘Spe- Diamond Aircraft Industries GmbH Models trict; Elizabeth River, Norfolk, VA’’ cial Local Regulations; Miami Super Boat DA 42, DA 42 NG, and DA 42 M–NG Air- ((RIN1625–AA08)(Docket No. USCG–2011– Grand Prix, Miami Beach, FL’’ ((RIN1625– planes’’ ((RIN2120–AA64)(Docket No. FAA– 0392)) received in the Office of the President AA08)(Docket No. USCG–2011–0289)) received 2011–0185)) received in the Office of the Presi- of the Senate on June 6, 2011; to the Com- in the Office of the President of the Senate dent of the Senate on May 25, 2011; to the mittee on Commerce, Science, and Transpor- on June 6, 2011; to the Committee on Com- Committee on Commerce, Science, and tation. merce, Science, and Transportation. Transportation. EC–2044. A communication from the Attor- EC–2052. A communication from the Attor- EC–2059. A communication from the Senior ney Advisor, U.S. Coast Guard, Department ney Advisor, U.S. Coast Guard, Department Program Analyst, Federal Aviation Adminis- of Homeland Security, transmitting, pursu- of Homeland Security, transmitting, pursu- tration, Department of Transportation, ant to law, the report of a rule entitled ‘‘Spe- ant to law, the report of a rule entitled ‘‘Spe- transmitting, pursuant to law, the report of cial Local Regulations for Marine Events; cial Local Regulations for Marine Events; a rule entitled ‘‘Airworthiness Directives; Patapsco River, Northwest Harbor, Balti- Chester River, Chestertown, MD’’ ((RIN1625– Hamilton Sundstrand Propellers Model 247F more, MD’’ ((RIN1625–AA08)(Docket No. AA08)(Docket No. USCG–2011–0126)) received Propellers’’ ((RIN2120–AA64)(Docket No. USCG–2011–0182)) received in the Office of the in the Office of the President of the Senate FAA–2009–0113)) received in the Office of the President of the Senate on June 6, 2011; to on June 6, 2011; to the Committee on Com- President of the Senate on May 25, 2011; to the Committee on Commerce, Science, and merce, Science, and Transportation. the Committee on Commerce, Science, and Transportation. EC–2053. A communication from the Senior Transportation. EC–2045. A communication from the Attor- Program Analyst, Federal Aviation Adminis- EC–2060. A communication from the Senior ney Advisor, U.S. Coast Guard, Department tration, Department of Transportation, Program Analyst, Federal Aviation Adminis- of Homeland Security, transmitting, pursu- transmitting, pursuant to law, the report of tration, Department of Transportation, ant to law, the report of a rule entitled ‘‘Spe- a rule entitled ‘‘Airworthiness Directives; transmitting, pursuant to law, the report of cial Local Regulation; Olympia Harbor Days Bombardier, Inc. Model DHC–8–400 Series a rule entitled ‘‘Airworthiness Directives; Tug Boat Races, Budd Inlet, WA’’ ((RIN1625– Airplanes’’ ((RIN2120–AA64)(Docket No. Airbus Model A318–112, A319–111, A319–112, AA08)(Docket No. USCG–2010–1024)) received FAA–2011–0043)) received during adjournment A319–115, A319–132, A319–133, A320–214, A320– in the Office of the President of the Senate of the Senate in the Office of the President 232, A320–233, A321–211, A321–213, and A321–231 on June 6, 2011; to the Committee on Com- of the Senate on June 2, 2011; to the Com- Airplanes’’ ((RIN2120–AA64)(Docket No. merce, Science, and Transportation. mittee on Commerce, Science, and Transpor- FAA–2011–0390)) received in the Office of the EC–2046. A communication from the Attor- tation. President of the Senate on May 25, 2011; to ney Advisor, U.S. Coast Guard, Department EC–2054. A communication from the Senior the Committee on Commerce, Science, and of Homeland Security, transmitting, pursu- Program Analyst, Federal Aviation Adminis- Transportation. ant to law, the report of a rule entitled tration, Department of Transportation, EC–2061. A communication from the Senior ‘‘Drawbridge Operation Regulation; Atlantic transmitting, pursuant to law, the report of Program Analyst, Federal Aviation Adminis- Intracoastal Waterway (AIWW), at a rule entitled ‘‘Airworthiness Directives; tration, Department of Transportation, Wrightsville Beach, NC; Cape Fear and The Boeing Company Model 747–400, 747–400D, transmitting, pursuant to law, the report of Northeast Cape Fear River, at Wilmington, and 747–400F Series Airplanes Equipped with a rule entitled ‘‘Airworthiness Directives; NC’’ ((RIN1625–AA09)(Docket No. USCG–2010– General Electric CF6–80C2 or Pratt and Whit- BURKHART GROB LUFT–UND Model G 103 1139)) received in the Office of the President ney PW4000 Series Engines’’ ((RIN2120– C Twin III SL Gliders’’ ((RIN2120– of the Senate on June 6, 2011; to the Com- AA64)(Docket No. FAA–2010–0706)) received AA64)(Docket No. FAA–2011–0127)) received mittee on Commerce, Science, and Transpor- during adjournment of the Senate in the Of- in the Office of the President of the Senate tation. fice of the President of the Senate on June 2, on May 25, 2011; to the Committee on Com- EC–2047. A communication from the Attor- 2011; to the Committee on Commerce, merce, Science, and Transportation. ney Advisor, U.S. Coast Guard, Department Science, and Transportation. EC–2062. A communication from the Senior of Homeland Security, transmitting, pursu- EC–2055. A communication from the Senior Program Analyst, Federal Aviation Adminis- ant to law, the report of a rule entitled ‘‘Re- Program Analyst, Federal Aviation Adminis- tration, Department of Transportation,

VerDate Mar 15 2010 12:22 Jul 11, 2014 Jkt 099102 PO 00000 Frm 00053 Fmt 0686 Sfmt 0634 E:\BR11\S09JN1.001 S09JN1 wreier-aviles on DSK5TPTVN1PROD with BOUND RECORD June 9, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 6 8935 transmitting, pursuant to law, the report of Rolls-Royce plc RB211–Trent 800 Series Tur- amounts to carry out certain studies in the a rule entitled ‘‘Airworthiness Directives; bofan Engines’’ ((RIN2120–AA64)(Docket No. same manner that non-Federal amounts may Airbus Model A310–203, –204, –222, –304, –322, FAA–2008–1165)) received in the Office of the be used to carry out construction activities; and –324 Airplanes’’ ((RIN2120–AA64)(Docket President of the Senate on May 25, 2011; to to the Committee on Environment and Pub- No. FAA–2010–1273)) received in the Office of the Committee on Commerce, Science, and lic Works. the President of the Senate on May 25, 2011; Transportation. By Mr. DEMINT: to the Committee on Commerce, Science, S. 1164. A bill to empower States with au- f and Transportation. thority for most taxing and spending for EC–2063. A communication from the Senior REPORTS OF COMMITTEES highway programs and mass transit pro- Program Analyst, Federal Aviation Adminis- grams, and for other purposes; to the Com- tration, Department of Transportation, The following reports of committees mittee on Finance. transmitting, pursuant to law, the report of were submitted: By Mr. ROCKEFELLER (for himself a rule entitled ‘‘Airworthiness Directives; By Mr. LIEBERMAN, from the Committee and Mr. PRYOR): Airbus Model A310 Series Airplanes’’ on Homeland Security and Governmental Af- S. 1165. A bill to protect children and other ((RIN2120–AA64)(Docket No. FAA–2010–1274)) fairs, without amendment: consumers against hazards associated with received in the Office of the President of the S. 762. A bill to improve the Federal Acqui- the accidental ingestion of button cell bat- Senate on May 25, 2011; to the Committee on sition Institute (Rept. No. 112–21). teries by requiring the Consumer Product Commerce, Science, and Transportation. Safety Commission to promulgate consumer f EC–2064. A communication from the Senior product safety standards to require child-re- Program Analyst, Federal Aviation Adminis- EXECUTIVE REPORTS OF sistant closures on remote controls and tration, Department of Transportation, COMMITTEES other consumer products that use such bat- transmitting, pursuant to law, the report of teries, and for other purposes; to the Com- a rule entitled ‘‘Airworthiness Directives; The following executive reports of mittee on Commerce, Science, and Transpor- Airbus Model A310 Series Airplanes’’ nominations were submitted: tation. ((RIN2120–AA64)(Docket No. FAA–2010–1275)) By Mrs. BOXER for the Committee on En- By Mrs. MURRAY (for herself, Mr. received in the Office of the President of the vironment and Public Works. AKAKA, Mr. BLUMENTHAL, Mr. BROWN Senate on May 25, 2011; to the Committee on *Richard C. Howorth, of Mississippi, to be of Ohio, Mr. FRANKEN, Mr. HARKIN, Commerce, Science, and Transportation. a Member of the Board of Directors of the Mr. LAUTENBERG, Mr. ROCKEFELLER, EC–2065. A communication from the Senior Tennessee Valley Authority for a term expir- Mrs. SHAHEEN, and Mr. WHITEHOUSE): Program Analyst, Federal Aviation Adminis- ing May 18, 2015. S. 1166. A bill to amend the Occupational tration, Department of Transportation, *William Charles Ostendorff, of Virginia, Safety and Health Act of 1970 to expand cov- transmitting, pursuant to law, the report of to be a Member of the Nuclear Regulatory erage under the Act, to increase protections a rule entitled ‘‘Airworthiness Directives; Commission for the term of five years expir- for whistleblowers, to increase penalties for Airbus Model A310 Series Airplanes’’ ing June 30, 2016. high gravity violations, to adjust penalties ((RIN2120–AA64)(Docket No. FAA–2010–1276)) By Mr. LEAHY for the Committee on the for inflation, to provide rights for victims of received in the Office of the President of the Judiciary. family members, and for other purposes; to Senate on May 25, 2011; to the Committee on Felicia C. Adams, of Mississippi, to be the Committee on Health, Education, Labor, Commerce, Science, and Transportation. United States Attorney for the Northern Dis- and Pensions. EC–2066. A communication from the Senior trict of Mississippi for the term of four By Mr. JOHNSON of South Dakota (for Program Analyst, Federal Aviation Adminis- years. himself and Mr. BINGAMAN): tration, Department of Transportation, Ronald W. Sharpe, of the Virgin Islands, to S. 1167. A bill to amend the Public Health transmitting, pursuant to law, the report of be United States Attorney for the District of Service Act to improve the diagnosis and a rule entitled ‘‘Airworthiness Directives; the Virgin Islands for the term of four years. treatment of hereditary hemorrhagic Empresa Brasileira de Aeronautica S.A. George Lamar Beck, Jr., of Alabama, to be telangiectasia, and for other purposes; to the (EMBRAER) Model ERJ 170 Airplanes; and United States Attorney for the Middle Dis- Committee on Health, Education, Labor, and Model ERJ 190–100 STD, ERJ 190–100 LR, ERJ trict of Alabama for the term of four years. Pensions. 190–100 IGW, ERJ 190–200 STD, ERJ 190–200 By Mrs. SHAHEEN (for herself and Mr. *Nomination was reported with rec- LR, and ERJ 190–200 IGW Airplanes’’ COCHRAN): ((RIN2120–AA64)(Docket No. FAA–2011–0038)) ommendation that it be confirmed sub- S. 1168. A bill to authorize a national grant received in the Office of the President of the ject to the nominee’s commitment to program for on-the-job training; to the Com- Senate on May 25, 2011; to the Committee on respond to requests to appear and tes- mittee on Health, Education, Labor, and Commerce, Science, and Transportation. tify before any duly constituted com- Pensions. EC–2067. A communication from the Senior mittee of the Senate. By Mr. NELSON of Nebraska: Program Analyst, Federal Aviation Adminis- (Nominations without an asterisk S. 1169. A bill to provide for benchmarks to tration, Department of Transportation, were reported with the recommenda- evaluate progress being made toward the transmitting, pursuant to law, the report of goal of transitioning security responsibil- a rule entitled ‘‘Airworthiness Directives; tion that they be confirmed.) ities in Afghanistan to the Government of Rolls Royce plc (RR) RB211–Trent 875–17, f Afghanistan; to the Committee on Foreign RB211–Trent 877–17, RB211–Trent 844–17, Relations. RB211–Trent 844B–17, RB211–Trent 892–17, INTRODUCTION OF BILLS AND By Mrs. MURRAY (for herself and Mr. RB211–Trent 892B–17, and RB211–Trent 895–17 JOINT RESOLUTIONS FRANKEN): Turbofan Engines’’ ((RIN2120–AA64)(Docket The following bills and joint resolu- S. 1170. A bill to set the United States on No. FAA–2010–0821)) received in the Office of tions were introduced, read the first track to ensure children are ready to learn the President of the Senate on May 25, 2011; when they begin kindergarten; to the Com- to the Committee on Commerce, Science, and second times by unanimous con- mittee on Health, Education, Labor, and and Transportation. sent, and referred as indicated: Pensions. EC–2068. A communication from the Senior By Mr. GRASSLEY (for himself and By Mr. SCHUMER (for himself, Ms. Program Analyst, Federal Aviation Adminis- Mr. JOHNSON of South Dakota): COLLINS, Mr. WHITEHOUSE, Mr. BINGA- tration, Department of Transportation, S. 1161. A bill to amend the Food Security MAN, Mr. BROWN of Ohio, Ms. CANT- transmitting, pursuant to law, the report of Act of 1985 to restore integrity to and WELL, Mrs. MURRAY, Mr. a rule entitled ‘‘Airworthiness Directives; strengthen payment limitation rules for BLUMENTHAL, Mrs. GILLIBRAND, Mr. Airbus Model A300 B4–600, B4–600R, and F4– commodity payments and benefits; to the MERKLEY, Mr. LAUTENBERG, Mr. 600R Series Airplanes, and Model C4–605R Committee on Agriculture, Nutrition, and WYDEN, Mr. FRANKEN, Mr. KERRY, Variant F Airplanes (Collectively Called Forestry. and Ms. KLOBUCHAR): A300–600 Series Airplanes)’’ ((RIN2120– By Mr. DEMINT (for himself and Mrs. S. 1171. A bill to amend the Internal Rev- AA64)(Docket No. FAA–2011–0037)) received MCCASKILL): enue Code of 1986 to extend the exclusion in the Office of the President of the Senate S. 1162. A bill to authorize the Inter- from gross income for employer-provided on May 25, 2011; to the Committee on Com- national Trade Commission to develop and health coverage for employees’ spouses and merce, Science, and Transportation. recommend legislation for temporarily sus- dependent children to coverage provided to EC–2069. A communication from the Senior pending duties, and for other purposes; to other eligible dependent beneficiaries of em- Program Analyst, Federal Aviation Adminis- the Committee on Finance. ployees; to the Committee on Finance. tration, Department of Transportation, By Mr. DEMINT: By Mr. PRYOR: transmitting, pursuant to law, the report of S. 1163. A bill to allow the Army Corps of S. 1172. A bill to amend title 38, United a rule entitled ‘‘Airworthiness Directives; Engineers to receive and expend non-Federal States Code, to improve the efficiency of the

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appeals process under the United States setts, Mr. VITTER, Mr. ROBERTS, Mr. (Mr. WEBB) was added as a cosponsor of Court of Appeals for Veterans Claims by im- ENZI, Mr. ISAKSON, Ms. MURKOWSKI, S. 453, a bill to improve the safety of proving staff conferences directed by such Mr. WICKER, Mr. LUGAR, and Mr. motorcoaches, and for other purposes. Court, and for other purposes; to the Com- CHAMBLISS): S. 490 mittee on Veterans’ Affairs. S. Con. Res. 23. A concurrent resolution de- By Mr. WYDEN (for himself and Mr. claring that it is the policy of the United At the request of Mr. AKAKA, the CRAPO): States to support and facilitate Israel in name of the Senator from West Vir- S. 1173. A bill to amend title XVIII of the maintaining defensible borders and that it is ginia (Mr. ROCKEFELLER) was added as Social Security Act to modernize payments contrary to United States policy and na- a cosponsor of S. 490, a bill to amend for ambulatory surgical centers under the tional security to have the borders of Israel title 38, United States Code, to increase Medicare program; to the Committee on Fi- return to the armistice lines that existed on the maximum age for children eligible June 4, 1967; to the Committee on Foreign nance. for medical care under the CHAMPVA By Ms. STABENOW (for herself, Mr. Relations. program, and for other purposes. ROBERTS, Mr. NELSON of Florida, Mrs. f HAGAN, Mr. BURR, and Mr. KYL): S. 504 S. 1174. A bill to provide predictability and ADDITIONAL COSPONSORS At the request of Mr. DEMINT, the certainty in the tax law, create jobs, and en- S. 119 name of the Senator from Texas (Mr. courage investment; to the Committee on Fi- At the request of Mr. VITTER, the CORNYN) was added as a cosponsor of S. nance. name of the Senator from Nevada (Mr. 504, a bill to preserve and protect the By Mrs. HAGAN (for herself and Ms. HELLER) was added as a cosponsor of S. free choice of individual employees to SNOWE): S. 1175. A bill to provide, develop, and sup- 119, a bill to preserve open competition form, join, or assist labor organiza- port 21st century readiness initiatives that and Federal Government neutrality to- tions, or to refrain from such activi- assist students in acquiring the skills nec- wards the labor relations of Federal ties. essary to think critically and solve prob- Government contractors on Federal S. 581 lems, be an effective communicator, collabo- and federally funded construction At the request of Mr. BURR, the name rate with others, and learn to create and in- projects. of the Senator from Maryland (Ms. MI- novate; to the Committee on Health, Edu- S. 164 KULSKI) was added as a cosponsor of S. cation, Labor, and Pensions. By Ms. LANDRIEU (for herself, Mr. At the request of Mr. BROWN of Mas- 581, a bill to amend the Child Care and GRAHAM, Mr. AKAKA, Mr. BEGICH, Mr. sachusetts, the name of the Senator Development Block Grant Act of 1990 BROWN of Massachusetts, Mr. CAR- from Oklahoma (Mr. INHOFE) was added to require criminal background checks PER, Ms. COLLINS, Mrs. GILLIBRAND, as a cosponsor of S. 164, a bill to repeal for child care providers. Mr. KIRK, Mr. LAUTENBERG, Mr. the imposition of withholding on cer- S. 672 LEVIN, Mr. LIEBERMAN, Mr. MENEN- tain payments made to vendors by gov- At the request of Mr. CRAPO, the DEZ, Ms. MIKULSKI, Mr. SANDERS, and ernment entities. name of the Senator from Georgia (Mr. Mr. SCHUMER): S. 281 ISAKSON) was added as a cosponsor of S. S. 1176. A bill to amend the Horse Protec- tion Act to prohibit the shipping, trans- At the request of Mrs. HUTCHISON, the 672, a bill to amend the Internal Rev- porting, moving, delivering, receiving, pos- name of the Senator from Tennessee enue Code of 1986 to extend and modify sessing, purchasing, selling, or donation of (Mr. ALEXANDER) was added as a co- the railroad track maintenance credit. horses and other equines to be slaughtered sponsor of S. 281, a bill to delay the im- At the request of Mr. ROCKEFELLER, for human consumption, and for other pur- plementation of the health reform law the names of the Senator from Texas poses; to the Committee on Commerce, in the United States until there is a (Mrs. HUTCHISON) and the Senator from Science, and Transportation. final resolution in pending lawsuits. Pennsylvania (Mr. CASEY) were added By Mr. BINGAMAN: S. 311 as cosponsors of S. 672, supra. S. 1177. A bill to provide grants to States to improve high schools and raise graduation At the request of Mr. KERRY, the S. 700 rates while ensuring rigorous standards, to name of the Senator from Connecticut At the request of Ms. KLOBUCHAR, the develop and implement effective school mod- (Mr. BLUMENTHAL) was added as a co- name of the Senator from Georgia (Mr. els for struggling students and dropouts, and sponsor of S. 311, a bill to provide for CHAMBLISS) was added as a cosponsor of to improve State policies to raise graduation the coverage of medically necessary S. 700, a bill to amend the Internal rates, and for other purposes; to the Com- food under Federal health programs Revenue Code of 1986 to permanently mittee on Health, Education, Labor, and and private health insurance. extend the treatment of certain farm- Pensions. By Mr. BINGAMAN (for himself, Mr. S. 384 ing business machinery and equipment ROCKEFELLER, Mrs. MURRAY, and Mr. At the request of Mrs. FEINSTEIN, the as 5-year property for purposes of de- BLUMENTHAL): name of the Senator from North Caro- preciation. S. 1178. A bill to reauthorize the Enhancing lina (Mrs. HAGAN) was added as a co- S. 737 Education Through Technology Act of 2001; sponsor of S. 384, a bill to amend title At the request of Mr. MORAN, the to the Committee on Health, Education, 39, United States Code, to extend the name of the Senator from Georgia (Mr. Labor, and Pensions. authority of the United States Postal CHAMBLISS) was added as a cosponsor of By Mr. BINGAMAN: Service to issue a semipostal to raise S. 737, a bill to replace the Director of S. 1179. A bill to promote advanced place- ment and International Baccalaureate pro- funds for breast cancer research. the Bureau of Consumer Financial Pro- grams; to the Committee on Health, Edu- S. 394 tection with a 5-person Commission, to cation, Labor, and Pensions. At the request of Mr. KOHL, the name bring the Bureau into the regular ap- f of the Senator from Michigan (Ms. propriations process, and for other pur- STABENOW) was added as a cosponsor of poses. SUBMISSION OF CONCURRENT AND S. 394, a bill to amend the Sherman Act S. 752 SENATE RESOLUTIONS to make oil-producing and exporting At the request of Mrs. FEINSTEIN, the The following concurrent resolutions cartels illegal. name of the Senator from Florida (Mr. and Senate resolutions were read, and S. 412 NELSON) was added as a cosponsor of S. referred (or acted upon), as indicated: At the request of Mr. LEVIN, the 752, a bill to establish a comprehensive By Mr. HATCH (for himself, Mr. LIE- name of the Senator from Georgia (Mr. interagency response to reduce lung BERMAN, Mr. RUBIO, Mr. NELSON of ISAKSON) was added as a cosponsor of S. cancer mortality in a timely manner. Nebraska, Mr. JOHANNS, Mr. WYDEN, 412, a bill to ensure that amounts cred- S. 755 Mr. MORAN, Mr. TOOMEY, Mr. INHOFE, ited to the Harbor Maintenance Trust At the request of Mr. WYDEN, the Mr. BARRASSO, Mr. KIRK, Mr. BURR, Fund are used for harbor maintenance. Mr. CORNYN, Mr. KYL, Mr. LEE, Mr. names of the Senator from Arkansas THUNE, Mr. PORTMAN, Mr. COATS, Mr. S. 453 (Mr. BOOZMAN) and the Senator from COBURN, Ms. AYOTTE, Mr. BOOZMAN, At the request of Mr. BROWN of Ohio, Delaware (Mr. COONS) were added as co- Mr. BLUNT, Mr. BROWN of Massachu- the name of the Senator from Virginia sponsors of S. 755, a bill to amend the

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Internal Revenue Code of 1986 to allow Alaska (Mr. BEGICH) was added as a co- of S. 1025, a bill to amend title 10, an offset against income tax refunds to sponsor of S. 886, a bill to amend the United States Code, to enhance the na- pay for restitution and other State ju- Interstate Horseracing Act of 1978 to tional defense through empowerment dicial debts that are past-due. prohibit the use of performance-en- of the National Guard, enhancement of S. 782 hancing drugs in horseracing, and for the functions of the National Guard At the request of Mrs. BOXER, the other purposes. Bureau, and improvement of Federal- name of the Senator from Oregon (Mr. S. 951 State military coordination in domes- WYDEN) was added as a cosponsor of S. At the request of Mrs. MURRAY, the tic emergency response, and for other 782, a bill to amend the Public Works names of the Senator from Colorado purposes. and Economic Development Act of 1965 (Mr. BENNET) and the Senator from S. 1030 to reauthorize that Act, and for other Maine (Ms. SNOWE) were added as co- At the request of Ms. SNOWE, the purposes. sponsors of S. 951, a bill to improve the names of the Senator from North Da- S. 798 provision of Federal transition, reha- kota (Mr. HOEVEN) and the Senator At the request of Mr. TESTER, the bilitation, vocational, and unemploy- from Idaho (Mr. CRAPO) were added as name of the Senator from Oklahoma ment benefits to members of the cosponsors of S. 1030, a bill to reform (Mr. INHOFE) was added as a cosponsor Armed Forces and veterans, and for the regulatory process to ensure that of S. 798, a bill to provide an amnesty other purposes. small businesses are free to compete period during which veterans and their S. 960 and to create jobs, and for other pur- family members can register certain At the request of Mr. KERRY, the poses. firearms in the National Firearms Reg- name of the Senator from Maryland S. 1048 istration and Transfer Record, and for (Mr. CARDIN) was added as a cosponsor At the request of Mr. MENENDEZ, the other purposes. of S. 960, a bill to provide for a study names of the Senator from Arizona S. 800 on issues relating to access to intra- (Mr. MCCAIN), the Senator from Kansas At the request of Mr. HARKIN, the venous immune globulin (IVG) for (Mr. MORAN), the Senator from Mis- name of the Senator from New Jersey Medicare beneficiaries in all care set- souri (Mr. BLUNT), the Senator from (Mr. LAUTENBERG) was added as a co- tings and a demonstration project to Montana (Mr. TESTER) and the Senator sponsor of S. 800, a bill to amend the examine the benefits of providing cov- from Mississippi (Mr. WICKER) were Safe, Accountable, Flexible, Efficient erage and payment for items and serv- added as cosponsors of S. 1048, a bill to Transportation Equity Act: A Legacy ices necessary to administer IVG in the expand sanctions imposed with respect for Users to reauthorize and improve home. to the Islamic Republic of Iran, North Korea, and Syria, and for other pur- the safe routes to school program. S. 968 poses. S. 810 At the request of Mr. LEAHY, the S. 1066 At the request of Ms. CANTWELL, the name of the Senator from Tennessee At the request of Mr. CRAPO, the name of the Senator from Ohio (Mr. (Mr. CORKER) was added as a cosponsor name of the Senator from Wyoming BROWN) was added as a cosponsor of S. of S. 968, a bill to prevent online (Mr. ENZI) was added as a cosponsor of 810, a bill to prohibit the conducting of threats to economic creativity and S. 1066, a bill to amend the Marine invasive research on great apes, and for theft of intellectual property, and for Mammal Protection Act of 1972 to other purposes. other purposes. allow importation of polar bear tro- S. 815 S. 979 phies taken in sport hunts in Canada At the request of Ms. SNOWE, the At the request of Mr. DURBIN, the before the date on which the polar bear names of the Senator from Maine (Ms. name of the Senator from Iowa (Mr. was determined to be a threatened spe- COLLINS) and the Senator from Wyo- HARKIN) was added as a cosponsor of S. cies under the Endangered Species Act ming (Mr. ENZI) were added as cospon- 979, a bill to designate as wilderness of 1973. sors of S. 815, a bill to guarantee that certain Federal portions of the red S. 1094 military funerals are conducted with rock canyons of the Colorado Plateau At the request of Mr. MENENDEZ, the dignity and respect. and the Great Basin Deserts in the names of the Senator from New Jersey S. 834 State of Utah for the benefit of present (Mr. LAUTENBERG), the Senator from and future generations of people in the At the request of Mr. CASEY, the California (Mrs. BOXER) and the Sen- name of the Senator from Maine (Ms. United States. ator from Minnesota (Mr. FRANKEN) SNOWE) was added as a cosponsor of S. S. 1009 were added as cosponsors of S. 1094, a 834, a bill to amend the Higher Edu- At the request of Mr. RUBIO, the bill to reauthorize the Combating Au- cation Act of 1965 to improve education name of the Senator from Georgia (Mr. tism Act of 2006 (Public Law 109–416). and prevention related to campus sex- ISAKSON) was added as a cosponsor of S. S. 1147 ual violence, domestic violence, dating 1009, a bill to rescind certain Federal At the request of Mr. BLUMENTHAL, violence, and stalking. funds identified by States as unwanted the name of the Senator from Montana S. 871 and use the funds to reduce the Federal (Mr. TESTER) was added as a cosponsor At the request of Mr. COBURN, the debt. of S. 1147, a bill to amend the Depart- name of the Senator from Connecticut S. 1018 ment of Veterans Affairs Health Care (Mr. LIEBERMAN) was added as a co- At the request of Mr. KERRY, the Programs Enhancement Act of 2001 and sponsor of S. 871, a bill to repeal the names of the Senator from Washington title 38, United States Code, to require Volumetric Ethanol Excise Tax Credit. (Mrs. MURRAY) and the Senator from the provision of chiropractic care and S. 876 South Dakota (Mr. JOHNSON) were service to veterans at all Department At the request of Mr. LAUTENBERG, added as cosponsors of S. 1018, a bill to of Veterans Affairs medical centers and the name of the Senator from Cali- amend title 10, United States Code, and to expand access to such care and serv- fornia (Mrs. FEINSTEIN) was added as a the Ike Skelton National Defense Au- ices, and for other purposes. cosponsor of S. 876, a bill to amend thorization Act for Fiscal Year 2011 to S.J. RES. 17 title 23 and 49, United States Code, to provide for implementation of addi- At the request of Mr. MCCONNELL, modify provisions relating to the tional recommendations of the Defense the names of the Senator from Maine length and weight limitations for vehi- Task Force on Sexual Assault in the (Ms. SNOWE) and the Senator from Mis- cles operating on Federal-aid high- Military Services. sissippi (Mr. COCHRAN) were added as ways, and for other purposes. S. 1025 cosponsors of S.J. Res. 17, a joint reso- S. 886 At the request of Mr. LEAHY, the lution approving the renewal of import At the request of Mr. UDALL of New name of the Senator from Montana restrictions contained in the Burmese Mexico, the name of the Senator from (Mr. TESTER) was added as a cosponsor Freedom and Democracy Act of 2003.

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At the request of Mrs. FEINSTEIN, the (Mr. CORKER) and the Senator from Ha- AMENDMENT NO. 420 name of the Senator from New Jersey waii (Mr. AKAKA) were added as cospon- At the request of Mr. CARDIN, the (Mr. MENENDEZ) was added as a cospon- sors of S. Res. 185, supra. name of the Senator from Maryland sor of S.J. Res. 17, supra. S. RES. 202 (Ms. MIKULSKI) was added as a cospon- S.J. RES. 18 At the request of Mr. CONRAD, the sor of amendment No. 420 intended to At the request of Mr. WEBB, the name names of the Senator from Virginia be proposed to S. 782, a bill to amend of the Senator from Utah (Mr. LEE) was (Mr. WARNER), the Senator from Penn- the Public Works and Economic Devel- added as a cosponsor of S.J. Res. 18, a sylvania (Mr. CASEY) and the Senator opment Act of 1965 to reauthorize that joint resolution prohibiting the deploy- from Vermont (Mr. LEAHY) were added Act, and for other purposes. ment, establishment, or maintenance as cosponsors of S. Res. 202, a resolu- AMENDMENT NO. 428 of a presence of units and members of tion designating June 27, 2011, as ‘‘Na- At the request of Mr. MERKLEY, the the United States Armed Forces on the tional Post-Traumatic Stress Disorder names of the Senator from Rhode Is- ground in Libya, and for other pur- Awareness Day’’. land (Mr. REED), the Senator from Ha- poses. AMENDMENT NO. 389 waii (Mr. AKAKA), the Senator from S. CON. RES. 7 At the request of Mr. KOHL, the Connecticut (Mr. BLUMENTHAL), the At the request of Mr. BARRASSO, the names of the Senator from Iowa (Mr. Senator from Illinois (Mr. DURBIN), the name of the Senator from Oklahoma GRASSLEY), the Senator from New Jer- Senator from Hawaii (Mr. INOUYE), the (Mr. INHOFE) was added as a cosponsor sey (Mr. MENENDEZ), the Senator from Senator from Michigan (Mr. LEVIN), of S. Con. Res. 7, a concurrent resolu- Michigan (Ms. STABENOW), the Senator the Senator from Missouri (Mrs. tion supporting the Local Radio Free- from Connecticut (Mr. BLUMENTHAL), MCCASKILL), the Senator from New dom Act. the Senator from West Virginia (Mr. Hampshire (Mrs. SHAHEEN), the Sen- S. RES. 175 MANCHIN), the Senator from Ohio (Mr. ator from Rhode Island (Mr. WHITE- At the request of Mrs. SHAHEEN, the BROWN) and the Senator from Vermont HOUSE), the Senator from Oregon (Mr. name of the Senator from Mississippi (Mr. LEAHY) were added as cosponsors WYDEN), the Senator from Vermont (Mr. COCHRAN) was added as a cospon- of amendment No. 389 proposed to S. (Mr. SANDERS) and the Senator from sor of S. Res. 175, a resolution express- 782, a bill to amend the Public Works Minnesota (Mr. FRANKEN) were added ing the sense of the Senate with re- and Economic Development Act of 1965 as cosponsors of amendment No. 428 spect to ongoing violations of the terri- to reauthorize that Act, and for other proposed to S. 782, a bill to amend the torial integrity and sovereignty of purposes. Public Works and Economic Develop- ment Act of 1965 to reauthorize that Georgia and the importance of a peace- AMENDMENT NO. 390 ful and just resolution to the conflict Act, and for other purposes. At the request of Ms. SNOWE, the AMENDMENT NO. 430 within Georgia’s internationally recog- names of the Senator from North Da- nized borders. At the request of Mr. JOHANNS, his kota (Mr. HOEVEN), the Senator from S. RES. 180 name was added as a cosponsor of Wisconsin (Mr. JOHNSON) and the Sen- amendment No. 430 proposed to S. 782, At the request of Mr. LIEBERMAN, the ator from Idaho (Mr. CRAPO) were name of the Senator from Iowa (Mr. added as cosponsors of amendment No. a bill to amend the Public Works and GRASSLEY) was added as a cosponsor of 390 proposed to S. 782, a bill to amend Economic Development Act of 1965 to S. Res. 180, a resolution expressing sup- the Public Works and Economic Devel- reauthorize that Act, and for other pur- port for peaceful demonstrations and opment Act of 1965 to reauthorize that poses. universal freedoms in Syria and con- Act, and for other purposes. f demning the human rights violations At the request of Mr. JOHANNS, his STATEMENTS ON INTRODUCED by the Assad regime. name was added as a cosponsor of BILLS AND JOINT RESOLUTIONS S. RES. 185 amendment No. 390 proposed to S. 782, At the request of Ms. COLLINS, the supra. By Mr. GRASSLEY (for himself OHNSON names of the Senator from Missouri AMENDMENT NO. 405 and Mr. J of South Da- (Mr. BLUNT) and the Senator from Mis- kota): At the request of Mr. BROWN of Mas- S. 1161. A bill to amend the Food Se- sissippi (Mr. COCHRAN) were added as sachusetts, the names of the Senator cosponsors of S. Res. 185, a resolution curity Act of 1985 to restore integrity from Louisiana (Mr. VITTER) and the reaffirming the commitment of the to and strengthen payment limitation Senator from Oklahoma (Mr. INHOFE) rules for commodity payments and United States to a negotiated settle- were added as cosponsors of amend- benefits; to the Committee on Agri- ment of the Israeli-Palestinian conflict ment No. 405 proposed to S. 782, a bill culture, Nutrition, and Forestry. through direct Israeli-Palestinian ne- to amend the Public Works and Eco- Mr. GRASSLEY. Mr. President, I gotiations, reaffirming opposition to nomic Development Act of 1965 to reau- come to the floor to introduce a piece the inclusion of Hamas in a unity gov- thorize that Act, and for other pur- of legislation that I have introduced ernment unless it is willing to accept poses. peace with Israel and renounce vio- many times in past Congresses. I have lence, and declaring that Palestinian AMENDMENT NO. 406 made some progress on the goals I seek efforts to gain recognition of a state At the request of Mrs. HUTCHISON, the but have not gotten 100 percent finality outside direct negotiations dem- name of the Senator from Mississippi of the policies I want. I am always able onstrates absence of a good faith com- (Mr. COCHRAN) was added as a cospon- to do this with a bipartisan piece of mitment to peace negotiations, and sor of amendment No. 406 intended to legislation. will have implications for continued be proposed to S. 782, a bill to amend Today, I present this with Senator United States aid. the Public Works and Economic Devel- JOHNSON of South Dakota. I will let At the request of Mr. CARDIN, the opment Act of 1965 to reauthorize that Senator JOHNSON speak for himself, but names of the Senator from Alaska (Ms. Act, and for other purposes. I want to give the reasons I am intro- MURKOWSKI), the Senator from Michi- AMENDMENT NO. 407 ducing this bill in my remarks. First, I gan (Mr. LEVIN), the Senator from Iowa At the request of Mr. CARDIN, the want people to know this deals with (Mr. GRASSLEY), the Senator from Or- name of the Senator from Georgia (Mr. farm policy, and on farm policy the egon (Mr. MERKLEY), the Senator from ISAKSON) was added as a cosponsor of Senator from South Dakota, Mr. JOHN- South Carolina (Mr. DEMINT), the Sen- amendment No. 407 proposed to S. 782, SON, and I agree on most everything. ator from Montana (Mr. TESTER), the a bill to amend the Public Works and Mr. President, this is a piece of legis- Senator from Ohio (Mr. PORTMAN), the Economic Development Act of 1965 to lation that is probably going to come Senator from Washington (Ms. CANT- reauthorize that Act, and for other pur- up not so much as a stand-alone, as WELL), the Senator from Tennessee poses. when we discuss the reauthorization of

VerDate Mar 15 2010 12:22 Jul 11, 2014 Jkt 099102 PO 00000 Frm 00057 Fmt 0686 Sfmt 0634 E:\BR11\S09JN1.002 S09JN1 wreier-aviles on DSK5TPTVN1PROD with BOUND RECORD June 9, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 6 8939 the farm bill—which generally could didn’t succeed—when they did not have ward pressure on land prices is occur- start this year and probably go into enough food for their military people. ring in many States. It is simply good next year—but as an effort that I am So I also want to think in terms of a policy to have a hard cap on the not going to give up on. It deals with sure supply of food not only for social amount a single farmer can receive in the issue of how much one individual cohesion but also for national security the farm program payments. We will farmer should get from the farm pro- purposes. keep in place a much needed safety net gram. My approach is to put what one To ensure the family farmer remains for the farmers who need it the most, might call a hard cap on the amount of able to produce a food supply for this and it will help reduce the negative im- money that one farmer can get, and my cohesive and stable society that I have pact farm payments can have on land remarks will explain why. talked about, we need to get the farm prices and cash rent. Also, though, at a time when we have safety net back to its original intent— Our bill sets the overall cap at great budget deficits, people might to help small- and medium-sized farm- $250,000 for married couples. Now, peo- think I am introducing this bill just ers get over the ups and downs of farm- ple listening in the Senate, or people because I am concerned about the ing that are out of their control. As an listening back home on television, budget deficit. It is true this bill, if en- example, it could be a natural disaster, probably think it is outrageous to have acted, will save about $1.5 billion, but it could be grain embargoes such as a figure that high and call it a hard that is not my main purpose for doing those put on by the President of the cap. But this is something that is na- it. My main purpose is to have the his- United States, it could be the situation tional policy and may not be applicable torical basis for a safety net for farm- where President Nixon froze the price just to my State, so it is necessary to ers; to espouse the principle that our of beef and ruined the beef industry in reach some sort of common ground in safety net ought to be targeted toward the Midwest. the Congress. I recognize that agri- small- and medium-sized farmers. So The original intent of the Federal culture can look different around the today, Senator JOHNSON and I are in- farm program was not to help a farmer country, so this is a compromise. troducing the Rural America Preserva- get bigger and bigger. But the safety Just as important as setting the pay- tion Act. net has veered sharply off course, and ment limits is the tightening of the America’s farmers produce the food that is why I talk about the necessity meaning of ‘‘actively engaged.’’ I will that feed our families. The bill helps for a hard cap on any one farmer get- not go in depth as to what actively en- ensure that our farmers are able to ting help from the farm program. We gaged is about at this point, but it gen- provide a safe, abundant, and inexpen- are now seeing 10 percent of the largest erally means, if you are a farmer, you sive food supply for consumers around farmers actually getting nearly 70 per- ought to be a farmer and not a city the world while maintaining the safety cent of the total farm program pay- slicker from New York City benefiting net that allows small- and medium- ments coming out of the Treasury of from the farm program. This will help sized farmers to get through tough the United States. make sure that farm payments only go times. There is no problem with a farmer to those who deserve them. Everybody sees tough times that are growing larger in his operation. Let me In light of the current budget discus- out of their control, but the impor- make that clear. If you want to get sions, everyone should agree that we tance of the farm safety net can be bigger and bigger in America, that is don’t want money going to those who seen no further than the dinner table an American right to do so. But the fail to meet the criteria set for the pro- each of us sits around, as recently as taxpayers should not have to subsidize gram. This bill will help do that. last night. Stop to think what you that effort, and that is what is hap- I hope my colleagues will agree this would do if you were unable to feed pening today. There comes a point bill takes a common sense approach to your children for 3 days. There is an where some farms reach levels that improve our farm safety net, and a help old adage that says something like allow them to weather the tough finan- to make sure the dollars spent go to this: You are only nine meals away cial times on their own. Smaller farm- those who need it most. from a revolution. Maybe in those cir- ers do not have that same luxury, and Mr. President, I ask unanimous con- cumstances, if you love your children— these same small farmers play a piv- sent that the text of the bill be printed and maybe you wouldn’t think this otal role in producing the Nation’s in the RECORD. could happen to you because we have food. There being no objection, the text of such an abundance of food in America, I have been approached time and the bill was ordered to be printed in but we are all aware of the fact a lot of time again by farmers concerned about the RECORD, as follows: countries do have food riots when there where the next generation of farmers S. 1161 is a shortage of food—you might do will come from when the price of farm- Be it enacted by the Senate and House of Rep- just about anything—steal, riot, what- land is shooting up or the price of cash resentatives of the United States of America in ever it takes—to give your children the rent is shooting up, particularly when Congress assembled, food you want them to have to keep the Federal taxpayers are subsidizing SECTION 1. SHORT TITLE. them alive after not having food for 3 that effort. It is important that we This Act may be cited as the ‘‘Rural Amer- straight days. keep young people on the farm so they ica Preservation Act of 2011’’. So the cohesion within our society, can take the lead in producing our food SEC. 2. PAYMENT LIMITATIONS. the social cohesion, that is one of the when the older generation of farmers is Section 1001 of the Food Security of 1985 (7 reasons it is vitally important we ready to turn over the reins. But the U.S.C. 1308) is amended— maintain a farm program that will current policies that allow 10 percent (1) in subsection (a), by striking paragraph make sure there is a readily available of the largest farmers to receive nearly (3) and inserting the following: ‘‘(3) LEGAL ENTITY.— food supply. 70 percent of the total farm program ‘‘(A) IN GENERAL.—The term ‘legal entity’ Another reason I am not going to go payments creates a real barrier for be- means— into in these remarks is that food is ginning and small farmers. ‘‘(i) an organization that (subject to the re- very essential to the national security The current system puts upward quirements of this section and section 1001A) of our country—in other words, the de- pressure on land prices, making it is eligible to receive a payment under a pro- fense of our country. All we have to do more difficult for small and beginning vision of law referred to in subsection (b), is rely upon an old adage Napoleon farmers to buy a farm or to afford the (c), or (d); used to use: An army marches on its cash rent. This allows the big farmers ‘‘(ii) a corporation, joint stock company, belly. More recently, however, we can to get even bigger, and this is not association, limited partnership, limited li- ability company, limited liability partner- look at the farm programs in Germany unique to my State of Iowa. I am sure ship, charitable organization, estate, irrev- and Japan where they recall the mis- it is not unique to the State of South ocable trust, grantor of a revocable trust, or takes made in their war effort during Dakota, where my cosponsor friend, other similar entity (as determined by the World War II—and, thank God, they Senator JOHNSON, comes from. This up- Secretary); and

VerDate Mar 15 2010 12:22 Jul 11, 2014 Jkt 099102 PO 00000 Frm 00058 Fmt 0686 Sfmt 0634 E:\BR11\S09JN1.002 S09JN1 wreier-aviles on DSK5TPTVN1PROD with BOUND RECORD 8940 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 6 June 9, 2011 ‘‘(iii) an organization that is participating person with respect to a farming operation farming operation, in accordance with para- in a farming operation as a partner in a gen- brought into the marriage by a spouse, sub- graphs (2), (3), and (4). eral partnership or as a participant in a joint ject to the condition that the farming oper- ‘‘(2) GENERAL CLASSES ACTIVELY ENGAGED IN venture. ation shall remain a separate farming oper- FARMING.— ‘‘(B) EXCLUSION.—The term ‘legal entity’ ation, as determined by the Secretary. ‘‘(A) DEFINITION OF ACTIVE PERSONAL MAN- does not include a general partnership or ‘‘(B) ELECTION TO RECEIVE SEPARATE PAY- AGEMENT.—In this paragraph, the term ‘ac- joint venture.’’; MENTS.—A married couple may elect to re- tive personal management’ means, with re- (2) in subsection (b)— ceive payments separately in the name of spect to a person, administrative duties car- (A) in paragraphs (1), (2), and (3), by strik- each spouse if the total amount of payments ried out by the person for a farming oper- ing ‘‘(except a joint venture or a general and benefits described in subsections (b), (c), ation— partnership)’’ each place it appears; and (d) that the married couple receives, di- ‘‘(i) that are personally provided by the (B) in paragraph (1)(A), by striking rectly or indirectly, does not exceed an person on a regular, continuous, and sub- ‘‘$40,000’’ and inserting ‘‘$20,000’’; and amount equal to twice the applicable dollar stantial basis; and (C) in paragraphs (2) and (3)(A), by striking amounts specified in those subsections.’’; ‘‘(ii) relating to the supervision and direc- ‘‘$65,000’’ each place it appears and inserting (7) in paragraph (3)(B) of subsection (g) (as tion of— ‘‘$30,000’’; redesignated by paragraph (5)), by adding at ‘‘(I) activities and labor involved in the (3) in subsection (c)— the end the following: farming operation; and (A) in paragraphs (1), (2), and (3), by strik- ‘‘(iii) IRREVOCABLE TRUSTS.—In promul- ing ‘‘(except a joint venture or a general gating regulations to define the term ‘legal ‘‘(II) onsite services directly related and partnership)’’ each place it appears; entity’ as the term applies to irrevocable necessary to the farming operation. (B) in paragraph (1)(A), by striking trusts, the Secretary shall ensure that irrev- ‘‘(B) ACTIVE ENGAGEMENT.—Except as pro- ‘‘$40,000’’ and inserting ‘‘$20,000’’; and ocable trusts are legitimate entities that vided in paragraph (3), for purposes of para- (C) in paragraphs (2) and (3)(A), by striking have not been created for the purpose of graph (1), the following shall apply: ‘‘$65,000’’ each place it appears and inserting avoiding a payment limitation.’’; and ‘‘(i) A person shall be considered to be ac- ‘‘$30,000’’; (8) in subsection (i) (as redesignated by tively engaged in farming with respect to a (4) by striking subsection (d) and inserting paragraph (5)), in the second sentence, by farming operation if— the following: striking ‘‘or other entity’’ and inserting ‘‘or ‘‘(I) the person makes a significant con- ‘‘(d) LIMITATIONS ON MARKETING LOAN legal entity’’. tribution, as determined under subparagraph GAINS, LOAN DEFICIENCY PAYMENTS, AND SEC. 3. SUBSTANTIVE CHANGE; PAYMENTS LIM- (E) (based on the total value of the farming COMMODITY CERTIFICATE TRANSACTIONS.—The ITED TO ACTIVE FARMERS. operation), to the farming operation of— total amount of the following gains and pay- The Food Security Act of 1985 is amended ‘‘(aa) capital, equipment, or land; and ments that a person or legal entity may re- by striking section 1001A (7 U.S.C. 1308–1) and ‘‘(bb) personal labor and active personal ceive during any crop year may not exceed inserting the following: management; $75,000: ‘‘SEC. 1001A. SUBSTANTIVE CHANGE; PAYMENTS ‘‘(II) the share of the person of the profits ‘‘(1)(A) Any gain realized by a producer LIMITED TO ACTIVE FARMERS. or losses from the farming operation is com- from repaying a marketing assistance loan ‘‘(a) SUBSTANTIVE CHANGE.— mensurate with the contributions of the per- for 1 or more loan commodities and peanuts ‘‘(1) IN GENERAL.—For purposes of the ap- son to the operation; and under subtitle B or C of title I of the Food, plication of limitations under this section, ‘‘(III) a contribution of the person is at Conservation, and Energy Act of 2008 (7 the Secretary shall not approve any change risk. U.S.C. 8731 et seq.) at a lower level than the in a farming operation that otherwise would ‘‘(ii) A legal entity shall be considered to original loan rate established for the loan increase the number of persons or legal enti- be actively engaged in farming with respect commodity under those subtitles. ties to which the limitations under this sec- to a farming operation if— ‘‘(B) In the case of settlement of a mar- tion apply, unless the Secretary determines ‘‘(I) the legal entity makes a significant keting assistance loan for 1 or more loan that the change is bona fide and substantive. contribution, as determined under subpara- commodities and peanuts under those sub- ‘‘(2) FAMILY MEMBERS.—For the purpose of graph (E) (based on the total value of the titles by forfeiture, the amount by which the paragraph (1), the addition of a family mem- loan amount exceeds the repayment amount ber to a farming operation under the criteria farming operation), to the farming operation for the loan if the loan had been settled by established under subsection (b)(3)(B) shall of capital, equipment, or land; repayment instead of forfeiture. be considered to be a bona fide and sub- ‘‘(II)(aa) the stockholders or members that ‘‘(2) Any loan deficiency payments received stantive change in the farming operation. collectively own at least 51 percent of the for 1 or more loan commodities and peanuts ‘‘(3) PRIMARY CONTROL.—To prevent a farm combined beneficial interest in the legal en- under those subtitles. from reorganizing in a manner that is incon- tity each make a significant contribution of ‘‘(3) Any gain realized from the use of a sistent with the purposes of this Act, the personal labor and active personal manage- commodity certificate issued by the Com- Secretary shall promulgate such regulations ment to the operation; or modity Credit Corporation for 1 or more loan as the Secretary determines to be necessary ‘‘(bb) in the case of a legal entity in which commodities and peanuts, as determined by to simultaneously attribute payments for a all of the beneficial interests are held by the Secretary, including the use of a certifi- farming operation to more than 1 person or family members, any stockholder or member cate for the settlement of a marketing as- legal entity, including the person or legal en- (or household comprised of a stockholder or sistance loan made under those subtitles or tity that exercises primary control over the member and the spouse of the stockholder or section 1307 of that Act (7 U.S.C. 7957).’’; farming operation, including to respond to— member) who owns at least 10 percent of the (5) by redesignating subsections (e) ‘‘(A)(i) any instance in which ownership of beneficial interest in the legal entity makes through (h) as subsections (f) through (i), re- a farming operation is transferred to a per- a significant contribution of personal labor spectively; son or legal entity under an arrangement or active personal management; and (6) by inserting after subsection (d) the fol- that provides for the sale or exchange of any ‘‘(III) the legal entity meets the require- lowing: asset or ownership interest in 1 or more legal ments of subclauses (II) and (III) of clause ‘‘(e) SPOUSAL EQUITY.— entities at less than fair market value; and (i). ‘‘(1) IN GENERAL.—Notwithstanding sub- ‘‘(ii) the transferor is provided preferential ‘‘(C) LEGAL ENTITIES MAKING SIGNIFICANT sections (b) through (d), except as provided rights to repurchase the asset or interest at CONTRIBUTIONS.—If a general partnership, in paragraph (2), if a person and the spouse of less than fair market value; or joint venture, or similar entity (as deter- the person are covered by paragraph (2) and ‘‘(B) a sale or exchange of any asset or mined by the Secretary) separately makes a receive, directly or indirectly, any payment ownership interest in 1 or more legal entities significant contribution (based on the total or gain covered by this section, the total under an arrangement under which rights to value of the farming operation involved) of amount of payments or gains (as applicable) exercise control over the asset or interest covered by this section that the person and are retained, directly or indirectly, by the capital, equipment, or land, the partners or spouse may jointly receive during any crop transferor. members making a significant contribution year may not exceed an amount equal to ‘‘(b) PAYMENTS LIMITED TO ACTIVE FARM- of personal labor or active personal manage- twice the applicable dollar amounts specified ERS.— ment and meeting the standards provided in in subsections (b), (c), and (d). ‘‘(1) IN GENERAL.—To be eligible to receive, subclauses (II) and (III) of subparagraph ‘‘(2) EXCEPTIONS.— directly or indirectly, payments or benefits (B)(i) shall be considered to be actively en- ‘‘(A) SEPARATE FARMING OPERATIONS.—In described as being subject to limitation in gaged in farming with respect to the farming the case of a married couple in which each subsection (b) through (d) of section 1001 operation involved. spouse, before the marriage, was separately with respect to a particular farming oper- ‘‘(D) EQUIPMENT AND PERSONAL LABOR.—In engaged in an unrelated farming operation, ation, a person or legal entity shall be ac- making determinations under this sub- each spouse shall be treated as a separate tively engaged in farming with respect to the section regarding equipment and personal

VerDate Mar 15 2010 12:22 Jul 11, 2014 Jkt 099102 PO 00000 Frm 00059 Fmt 0686 Sfmt 0634 E:\BR11\S09JN1.002 S09JN1 wreier-aviles on DSK5TPTVN1PROD with BOUND RECORD June 9, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 6 8941 labor, the Secretary shall take into consider- payments from the landowner as a share- are necessary to implement this Act and the ation the equipment and personal labor nor- cropper prior to the effective date of the amendments made by this Act. mally and customarily provided by farm op- Food, Conservation, and Energy Act of 2008 (b) PROCEDURE.—The promulgation of the erators in the area involved to produce pro- (Public Law 110–246; 122 Stat. 1651). regulations and administration of this Act gram crops. ‘‘(4) PERSONS AND LEGAL ENTITIES NOT AC- and the amendments made by this Act shall ‘‘(E) SIGNIFICANT CONTRIBUTION OF PER- TIVELY ENGAGED IN FARMING.—For the pur- be made without regard to— SONAL LABOR OR ACTIVE PERSONAL MANAGE- poses of paragraph (1), except as provided in (1) the notice and comment provisions of MENT.— paragraph (3), the following persons and section 553 of title 5, United States Code; ‘‘(i) IN GENERAL.—Subject to clause (ii), for legal entities shall not be considered to be (2) the Statement of Policy of the Sec- purposes of subparagraph (B), a person shall actively engaged in farming with respect to retary of Agriculture effective July 24, 1971 be considered to be providing, on behalf of a farm operation: (36 Fed. Reg. 13804), relating to notices of the person or a legal entity, a significant ‘‘(A) LANDLORDS.—A landlord contributing proposed rulemaking and public participa- contribution of personal labor and active land to the farming operation if the landlord tion in rulemaking; and personal management, if the total contribu- receives cash rent, or a crop share guaran- (3) chapter 35 of title 44, United States tion of personal labor and active personal teed as to the amount of the commodity to Code (commonly known as the ‘‘Paperwork management is at least equal to the lesser be paid in rent, for such use of the land. Reduction Act’’). of— ‘‘(B) OTHER PERSONS AND LEGAL ENTITIES.— (c) CONGRESSIONAL REVIEW OF AGENCY ‘‘(I) 1,000 hours; and Any other person or legal entity, or class of RULEMAKING.—In carrying out this section, ‘‘(II) a period of time equal to— persons or legal entities, that fails to meet the Secretary shall use the authority pro- ‘‘(aa) 50 percent of the commensurate share the requirements of paragraphs (2) and (3), as vided under section 808 of title 5, United of the total number of hours of personal determined by the Secretary. States Code. labor and active personal management re- ‘‘(5) PERSONAL LABOR AND ACTIVE PERSONAL SEC. 6. BUDGETARY EFFECTS. quired to conduct the farming operation; or MANAGEMENT.—No stockholder or member The budgetary effects of this Act, for the ‘‘(bb) in the case of a stockholder or mem- may provide personal labor or active per- purpose of complying with the Statutory ber (or household comprised of a stockholder sonal management to meet the requirements Pay-As-You-Go-Act of 2010, shall be deter- or member and the spouse of the stockholder of this subsection for persons or legal enti- mined by reference to the latest statement or member) that owns at least 10 percent of ties that collectively receive, directly or in- titled ‘‘Budgetary Effects of PAYGO Legisla- the beneficial interest in a legal entity in directly, an amount equal to more than tion’’ for this Act, submitted for printing in which all of the beneficial interests are held twice the applicable limits under subsections the Congressional Record by the Chairman of by family members who do not collectively (b), (c), and (d) of section 1001. the Senate Budget Committee, provided that receive payments directly or indirectly, in- ‘‘(6) CUSTOM FARMING SERVICES.—A person such statement has been submitted prior to cluding payments received by spouses, of or legal entity receiving custom farming the vote on passage. more than twice the applicable limit, 50 per- services will be considered separately eligi- cent of the commensurate share of hours of ble for payment limitation purposes if the By Mr. ROCKEFELLER (for him- the personal labor and active personal man- person or legal entity is actively engaged in self and Mr. PRYOR): agement of all family members required to farming based on paragraphs (1) through (3). S. 1165. A bill to protect children and conduct the farming operation. ‘‘(7) GROWERS OF HYBRID SEED.—To deter- other consumers against hazards asso- ‘‘(ii) MINIMUM LABOR HOURS.—For the pur- mine whether a person or legal entity grow- ciated with the accidental ingestion of pose of clause (i), the minimum number of ing hybrid seed under contract shall be con- button cell batteries by requiring the labor hours required to produce a commodity sidered to be actively engaged in farming, Consumer Product Safety Commission shall be equal to the number of hours that the Secretary shall not take into consider- would be necessary to conduct a farming op- ation the existence of a hybrid seed contract. to promulgate consumer product safety eration for the production of each com- ‘‘(c) NOTIFICATION BY LEGAL ENTITIES.—To standards to require child-resistant modity that is comparable in size to the facilitate the administration of this section, closures on remote controls and other commensurate share of a person or legal en- each legal entity that receives payments or consumer products that use such bat- tity in the farming operation for the produc- benefits described as being subject to limita- teries, and for other purposes; to the tion of the commodity, based on the min- tion in subsection (b), (c), or (d) of section Committee on Commerce, Science, and imum number of hours per acre required to 1001 with respect to a particular farming op- Transportation. produce the commodity in the State in eration shall— Mr. ROCKEFFELLER. Mr. President, which the farming operation is located, as ‘‘(1) notify each person or other legal enti- I rise to introduce the Button Cell Bat- determined by the Secretary. ty that acquires or holds a beneficial inter- tery Safety Act of 2011. This bill will ‘‘(3) SPECIAL CLASSES ACTIVELY ENGAGED IN est in the farming operation of the require- FARMING.—Notwithstanding paragraph (2), ments and limitations under this section; protect the most vulnerable members the following persons shall be considered to and of our society from the hazards of but- be actively engaged in farming with respect ‘‘(2) provide to the Secretary, at such ton cell battery ingestion. These small to a farm operation: times and in such manner as the Secretary batteries, which are present in more ‘‘(A) LANDOWNERS.—A person or legal enti- may require, the name and social security and more consumer products each year, ty that is a landowner contributing owned number of each person, or the name and tax- can be deadly if swallowed. While most land, and that meets the requirements of payer identification number of each legal en- swallowed batteries pass harmlessly subclauses (II) and (III) of paragraph tity, that holds or acquires such a beneficial (2)(B)(i), if, as determined by the Secretary— interest.’’. through the body, a toddler who puts ‘‘(i) the landowner share-rents the land at SEC. 4. FOREIGN PERSONS AND LEGAL ENTITIES one in her mouth can be severely in- a rate that is usual and customary; and MADE INELIGIBLE FOR PROGRAM jured in just two hours and the damage ‘‘(ii) the share received by the landowner is BENEFITS. can be fatal after only eight hours. commensurate with the share of the crop or Section 1001C of the Food Security Act of Button cell batteries are small, income received as rent. 1985 (7 U.S.C. 1308–3) is amended— round, and are approximately the size ‘‘(B) FAMILY MEMBERS.—With respect to a (1) in the section heading, by striking and shape of common coins. Just the farming operation conducted by persons who ‘‘PERSONS’’ and inserting ‘‘PERSONS AND sort of thing a curious child might put LEGAL ENTITIES’’; are family members, or a legal entity the in his mouth. When ingested, these bat- majority of the stockholders or members of (2) in subsection (b)— which are family members, an adult family (A) in the subsection heading, by striking teries can become lodged in the throat member who makes a significant contribu- ‘‘CORPORATION OR OTHER’’ and inserting or elsewhere in the digestive system tion (based on the total value of the farming ‘‘LEGAL’’; and cause permanent damage to the operation) of active personal management or (B) in the first sentence, by striking ‘‘a tissues. personal labor and, with respect to such con- corporation or other entity shall be consid- Between 2007 and 2009, more than tribution, who meets the requirements of ered a person that’’ and inserting ‘‘a legal 3,400 button battery ingestion cases subclauses (II) and (III) of paragraph entity’’; and were reported to U.S. poison centers (2)(B)(i). (C) in the second sentence, by striking ‘‘an annually. The number of ingestions entity’’ and inserting ‘‘a legal entity’’; and ‘‘(C) SHARECROPPERS.—A sharecropper who that result in serious injury or death makes a significant contribution of personal (3) in subsection (c), by striking ‘‘person’’ labor to the farming operation and, with re- and inserting ‘‘legal entity or person’’. have increased sevenfold since 1985 due spect to such contribution, who meets the SEC. 5. REGULATIONS. to the higher voltage of newer bat- requirements of subclauses (II) and (III) of (a) IN GENERAL.—The Secretary of Agri- teries. Hundreds of children have been paragraph (2)(B)(i), and who was receiving culture may promulgate such regulations as severely injured and six have died from

VerDate Mar 15 2010 12:22 Jul 11, 2014 Jkt 099102 PO 00000 Frm 00060 Fmt 0686 Sfmt 0634 E:\BR11\S09JN1.002 S09JN1 wreier-aviles on DSK5TPTVN1PROD with BOUND RECORD 8942 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 6 June 9, 2011 these ingestions in the last two years batteries. We already have Federal live and with so many people to live it alone. safety rules that require toys that use with; workers who took on tough jobs Despite the severe risk, most parents batteries to have such compartments; and worked long hours during difficult and caregivers remain unaware of the now it is time to make sure all prod- economic times to provide for their danger. ucts that utilize these particular bat- families. They were people who made Imagine not realizing a child has teries are secured in a manner that will tremendous sacrifices and who em- swallowed one of these batteries. It reduce children’s access to these poten- bodied so much of what is good about gets lodged in the esophagus, begins to tially harmful batteries. their communities and their States. cause severe burns, and stays there for In addition, the legislation will re- They have been dearly missed. days with parents and doctors not real- quire warning labels that alert adults Washington State investigators izing something is terribly wrong. It of the danger of these batteries. Such looked into that incident and deter- may seem like a respiratory infection, labels will be required on the pack- mined that the tragedy could have or a stomach virus. But it is not. It is aging for replacement batteries, in the been and should have been prevented. the chemical reaction of a button cell user manual of products that use these The problems that led to what hap- battery, lodged in the esophagus. Even batteries, and where appropriate, on pened were known beforehand. They if the battery is removed within sev- the product itself. Too many injuries should have been fixed, but they eral hours, the damage is done. The occur because batteries are left out and weren’t. That is heartbreaking. child can end up in the intensive care accessible after they have been re- Every worker in every industry de- unit for weeks, following hours of sur- placed. serves to be confident that while they gery. There can be permanent damage Today, I ask my colleagues to sup- are working hard and doing their jobs, to the vocal cords, or to the gastro- port this simple and straightforward their employers are doing everything intestinal tract, meaning the child bill that will save lives and prevent un- they can to protect them. That is why would require feeding tubes, home necessary injuries. I am proud to reintroduce the Pro- nursing care, and multiple surgeries. By Mrs. MURRAY (for herself, tecting America’s Workers Act. This As severe and painstaking as this is for legislation is a long overdue update to Mr. AKAKA, Mr. BLUMENTHAL, the child and for the parents, the child the Occupational Safety and Health Mr. BROWN of Ohio, Mr. is fortunately given a second chance at Act of 1970, or the OSH Act. FRANKEN, Mr. HARKIN, Mr. LAU- life. Since that groundbreaking law was TENBERG, Mr. ROCKEFELLER, For a small number of the 3,400 cases passed over 40 years ago, we know Mrs. SHAHEEN, and Mr. WHITE- of button cell battery ingestion re- American industry has changed signifi- HOUSE): ported to poison control centers every S. 1166. A bill to amend the Occupa- cantly. Businesses and workplaces have year, the damage from the battery tional Safety and Health Act of 1970 to become much more complex, and work- proves to be fatal. Aidan Truett of expand coverage under the Act, to in- ers are performing 21st-century tasks, Hamilton, Ohio, had a battery sur- crease protections for whistleblowers, but the government is still using a 1970 gically removed after nine days of se- to increase penalties for high gravity approach to regulations to protect em- vere symptoms and doctor visits. The violations, to adjust penalties for infla- ployees. It doesn’t make sense, and it doctors found the battery when they tion, to provide rights for victims of needs to change. ordered an X-ray, looking for pneu- family members, and for other pur- We need to update the way we as a monia. Two days after his surgery, poses; to the Committee on Health, country think about our worker safety Aidan died from his injuries. He was 13 Education, Labor, and Pensions. regulations, and this law is a very im- months old. Mrs. MURRAY. Mr. President, I come portant step in that direction. This is Two year old Elaina Redding, from to the floor today to talk about our ob- not about adding more regulations, it Fort Lupton, CO died after the current ligation to protect workers across is about having smarter regulations. It from a swallowed battery set off a America and to urge my colleagues to is about having regulations that pro- chemical reaction that eroded her support the Protecting America’s tect workers and make sense for busi- esophagus and aorta. Four days after Workers Act, which I am very proud to ness. clutching her chest in pain, she was introduce today. Mr. President, the Protecting Amer- taken to the hospital and the battery Mr. President, middle-class families ica’s Workers Act makes a number of was removed. Two weeks after being across this country are struggling. So key improvements to the OSH Act, but sent home, Elaina suffered a bloody many of them have lost their homes or I want to highlight just a few. coughing fit that sent her back to the their jobs and are fighting to keep First of all, it increases protections intensive care unit where she bled to their heads above water. We are work- for workers who blow the whistle on death. ing hard here to create jobs and get the unsafe working conditions. Protecting These stories are horrifying and com- economy back on track, but we also workers who tell the truth is just com- pel us to act. Small batteries which are owe it to middle-class families to make mon sense. In fact, in other modern in multiple products in our houses—in sure those jobs are safe and healthy. laws, such as the Consumer Product remote controls, toys, and musical In 2009 alone there were 4,340 deaths Safety Improvement Act of 2008 and greeting cards—are highly dangerous in workplaces across America, and over the Food Safety Modernization Act of in the hands of toddlers who may swal- 3 million more were injured or 2010, they do exactly that. But since low them. We have the ability to pro- sickened while on the job. If more than the OSH Act has not been updated, the tect children and we must do so. 4,000 Americans were killed in 1 day, it vast majority of workers today don’t We need to make sure that these bat- would be on the front page of every have similar protections. teries are securely enclosed in products newspaper in this country. If an epi- An important part of my bill would and cannot be removed by curious chil- demic in this country claimed 4,000 make sure a whistleblower’s right to dren. And we must also make sure that lives, it would lead the nightly news protection from retaliation cannot be parents and caretakers are aware of each week. But that is not the way it waived through collective bargaining the danger. No parent should leave bat- works with workplace injuries. They agreements, and they have the option teries lying around the house after re- happen a few at a time, spread out to appeal to the Federal courts if they moving them from a product, or hand across the country, in communities believe they are being mistreated for them to a small child. such as Anacortes in my home State of telling the truth about dangerous prac- This legislation would require the Washington, where a fire broke out last tices. Consumer Product Safety Commission year at the Tesoro Refinery and killed The Protecting America’s Workers to promulgate a safety standard requir- seven workers. Act also improves reporting, inspec- ing child-resistant closures on con- These were men and women who were tion, and other enforcement of work- sumer products that use these types of taken too young, with so much life to place health and safety violations. It

VerDate Mar 15 2010 12:22 Jul 11, 2014 Jkt 099102 PO 00000 Frm 00061 Fmt 0686 Sfmt 0634 E:\BR11\S09JN1.002 S09JN1 wreier-aviles on DSK5TPTVN1PROD with BOUND RECORD June 9, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 6 8943 expands the rights of the victims and ship, through direct attribution. I sup- size the importance of keeping patients makes sure employers who oversee un- port direct attribution and elimination ‘‘out of the hospital.’’ ASCs can help do safe workplaces are pushed to quickly of the triple-entity loophole; however, I that by providing cost-effective serv- improve them to avoid further endan- believe these provisions should have ices in an outpatient setting. gering worker health and safety. been much stronger and I have consist- There are more than 5,200 Medicare- This is a good bill. I am proud to ently pressed for a hard payment cap of certified ASCs across all 50 States, have a number of cosponsors in the at least $250,000. The bill we introduced with 83 in Oregon alone. These facili- Senate, as well as the support of many today would finally provide for mean- ties, that employ the equivalent of prominent national groups in our ef- ingful payment limitations and ensure 117,700 full-time workers nationwide, forts to improve workplace safety. that assistance goes to small and me- ensure that patients from Portland to Nothing can bring back the workers dium-sized family farms. Hermiston, from Klamath Falls to Coos we lost in communities such as Our legislation includes several spe- Bay, have access to safe, effective, and Anacortes, but we certainly owe it to cific limits. Direct payments would be quality surgical care. them to make sure workers everywhere capped at $20,000 per producer and But ASCs can do more than provide are truly protected on the job. So I counter-cyclical payments would be the same services found in a Hospital urge my colleagues to support the Pro- limited to $30,000. Additionally, the bill Outpatient Department; they can do it at lower cost. Medicare saves an esti- tecting America’s Workers Act and to would establish a cap of $75,000 on loan mated $3 billion each year when sur- keep working with us to make work- deficiency payments, LDPs, and mar- gical procedures are performed in ASCs places safer and healthier across Amer- keting loan gains. There is currently rather than hospitals due to ASC reim- ica. no cap on LDPs and marketing loan bursement equaling 56 percent of what gains, essentially meaning there is no a hospital receives. By Mr. JOHNSON of South Da- effective payment limitation. kota (for himself and Mr. Currently, Medicare uses two dif- Just as important as establishing a ferent factors to update reimburse- BINGAMAN): hard payment limitations cap is how ment: one for ASCs and a different one S. 1167. A bill to amend the Public we define whether an individual is ac- for hospitals. ASC payments are up- Health Service Act to improve the di- tively engaged in the operation of a dated based on the consumer price agnosis and treatment of hereditary farm. Current law lacks a defined ac- index, while hospital rates are updated hemorrhagic telangiectasia, and for tive management test, and therefore using the hospital market basket, other purposes; to the Committee on someone could participate in no more which specifically measures changes in Health, Education, Labor, and Pen- than a yearly conference call and be el- the costs of providing health care. Both sions. igible to receive payments. Our bill facilities can provide identical surgical Mr. JOHNSON of South Dakota. Mr. closes the management loophole which procedures, so why aren’t their respec- President, today I join with my col- has allowed ‘‘paper partners’’ to collect tive reimbursements linked to the league and friend from Iowa, CHUCK payments without contributing any same update mechanism? Why should GRASSLEY, in introducing the Rural real or meaningful role in the oper- there be a double standard? America Preservation Act of 2011, ation. This proposal will improve the This inequity could have significant which will provide for common-sense, management standards determining consequences for both patients’ access meaningful farm program payment payment eligibility by requiring that to services and Medicare’s rate of out- limitations. Particularly given our management be provided on a regular, patient expenditures if facilities begin country’s budgetary constraints, this is substantial, and continuous basis consolidating or hospitals begin ac- a straight-forward and fiscally respon- through direct supervision and direc- quiring these practices in an attempt sible proposal that would target our tion of the operations of the farm. to reimburse for the same services at a farm program payments and safety net. These are reasonable and common- higher rate—and cost to the taxpayer. The current farm program payment sense requirements which seek to fur- The legislation Senator CRAPO and I structure has, quite frankly, failed ther ensure the integrity of the farm have introduced today, however, begins rural America. According to the United safety net. to address this in two ways: First, this States Department of Agriculture’s Agriculture is the economic engine bill creates parity by allowing ASC Economic Research Service, in 2008, that drives our rural communities, and payment rates to be updated using the the largest 12.4 percent of farms re- without viable family farmers, our same market basket update hospitals ceived 62.4 percent of farm program small towns and Main Street busi- use; and second, the bill goes a step payments. The current rules permit nesses throughout South Dakota would further by establishing a Value-Based the most capitalized farming corpora- face significant financial hardships. I Purchasing program which will dis- tions to receive massive subsidies and am proud to join with my friend from pense shared savings payments based deprive small and medium-sized family Iowa, Senator GRASSLEY, who has also on quality reporting and improved per- farmers of the opportunity to thrive. been a longtime champion of family formance. The farm bill is intended to provide farmers, in introducing this important The Ambulatory Surgical Center programs that function as a safety net legislation. Quality and Access Act puts common- for farmers, in contrast to the cash cow sense policies in place that will en- they’ve become for a few producers. It By Mr. WYDEN (for himself and hance patients’ access to quality care is important that we maintain a safety Mr. CRAPO): in a cost-effective way. I urge my col- net for producers, but such a system S. 1173. A bill to amend title XVIII of leagues to join us in cosponsoring this must be targeted to family farmers in- the Social Security Act to modernize important legislation. stead of large agribusinesses. payments for ambulatory surgical cen- Mr. President, I ask unanimous con- The 2008 farm bill took some impor- ters under the Medicare program; to sent that the text of the bill be printed tant first steps in strengthening the in- the Committee on Finance. in the RECORD. tegrity of our farm programs. Under Mr. WYDEN. Mr. President, I rise There being no objection, the text of the law, anyone making more than today, once again, to advocate for pa- the bill was ordered to be printed in $500,000 in non-farm Adjusted Gross In- tients and their access to more choice the RECORD, as follows: come will not receive farm payments and competition in providing good S. 1173 and producers making over $750,000 AGI quality health care by introducing The Be it enacted by the Senate and House of Rep- will lose their direct payments. Addi- resentatives of the United States of America in Ambulatory Surgical Center Quality Congress assembled, tionally, the law eliminates the triple- and Access Act of 2011 with my col- SECTION 1. SHORT TITLE. entity loophole and farm payments league, Senator CRAPO. This Act may be cited as the ‘‘Ambulatory now go directly to an individual, rather Advocates for health care reform and Surgical Center Quality and Access Act of than a corporation or general partner- a healthier nation continue to empha- 2011’’.

VerDate Mar 15 2010 12:22 Jul 11, 2014 Jkt 099102 PO 00000 Frm 00062 Fmt 0686 Sfmt 0634 E:\BR11\S09JN1.002 S09JN1 wreier-aviles on DSK5TPTVN1PROD with BOUND RECORD 8944 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 6 June 9, 2011 SEC. 2. ALIGNING UPDATES FOR AMBULATORY the Program established under paragraph (8); gram with respect to a performance period SURGICAL CENTER SERVICES WITH and for a calendar year unless such measure has UPDATES FOR OPD SERVICES. ‘‘(vii) establish and have in place, by not been included, and the reported data avail- Section 1833(i)(2)(D) of the Social Security later than June 30, 2013, an informal process able, on the website ‘Medicare.gov’, for at Act (42 U.S.C. 13951(i)) is amended— for ambulatory surgery centers to seek a re- least 1 year prior to the beginning of such (1) by redesignating clause (vi) as clause view of and appeal the determination that an performance period. (vii); ambulatory surgical center did not satisfac- ‘‘(iii) MEASURE NOT APPLICABLE UNLESS ASC (2) in the first sentence of clause (v), by in- torily submit data on quality measures.’’; FURNISHES SERVICES APPROPRIATE TO MEAS- serting before the period the following: ‘‘and, and URE.—A measure selected under this para- in the case of 2012 or a subsequent year, by (3) by adding at the end the following new graph for use under the Program shall not the adjustment described in subsection subparagraphs: apply to an ambulatory surgical center if (t)(3)(G) for the respective year’’; and ‘‘(C) To the extent that quality measures such center does not furnish services appro- (3) by inserting after clause (v) the fol- implemented by the Secretary under this priate to such measure. lowing new clause: paragraph for ambulatory surgical centers ‘‘(D) PERFORMANCE STANDARDS.— ‘‘(vi) In implementing the system de- and under section 1833(t)(17) for hospital out- ‘‘(i) ESTABLISHMENT.—The Secretary shall scribed in clause (i) for 2012 and each subse- patient departments are applicable to the establish performance standards with respect quent year, there shall be an annual update to measures selected under subparagraph under such system for the year equal to the provision of surgical services in both ambu- latory surgical centers and hospital out- (C)(i) for a performance period for a calendar OPD fee schedule increase factor specified year. under subsection (t)(3)(C)(iv) for such year, patient departments, the Secretary shall— ‘‘(i) require that both ambulatory surgical ‘‘(ii) ACHIEVEMENT AND IMPROVEMENT.—The adjusted in accordance with clauses (iv) and performance standards established under (v).’’. centers and hospital outpatient departments report data on such measures; and clause (i) shall include levels of achievement SEC. 3. IMPROVING ASC QUALITY MEASURE RE- and improvement. PORTING AND APPLYING VALUE- ‘‘(ii) make reported data available on the ‘‘(iii) TIMING.—The Secretary shall estab- BASED PURCHASING TO ASCS. website ‘Medicare.gov’ in a manner that will lish and announce the performance standards (a) QUALITY MEASURES.—Paragraph (7) of permit side-by-side comparisons on such under clause (i) not later than 60 days prior section 1833(i) of the Social Security Act (42 measures for ambulatory surgical centers U.S.C. 1395l(i)) is amended— and hospital outpatient departments in the to the beginning of the performance period (1) in subparagraph (A)— same geographic area. for the calendar year involved. ERFORMANCE PERIOD.—For purposes (A) in the first sentence, by inserting ‘‘(be- ‘‘(D) For each procedure covered for pay- ‘‘(E) P of the Program, the Secretary shall establish ginning with 2014)’’ after ‘‘with respect to a ment in an ambulatory surgical center, the the performance period for a calendar year. year’’; and Secretary shall publish, along with the qual- Such performance period shall begin and end (B) by adding at the end the following: ity reporting comparisons provided for in prior to the beginning of such calendar year. ‘‘Data required to be submitted on measures subparagraph (C), comparisons of the Medi- ‘‘(F) ASC PERFORMANCE SCORE.—The Sec- selected under this paragraph must be on care payment and beneficiary copayment retary shall develop a methodology for as- measures that have been selected by the Sec- amounts for the procedure when performed sessing the total performance of each ambu- retary after consideration of public com- in ambulatory surgical centers and hospital latory surgery center based on performance ments and in accordance with the process de- outpatient departments in the same geo- standards with respect to the measures se- scribed in subparagraph (B). Such measures graphic area. lected under subparagraph (C) for a perform- may include healthcare acquired infection ‘‘(E) The Secretary shall ensure that an ance period (as established under subpara- measures appropriate for ambulatory sur- ambulatory surgery center and a hospital graph (E)). Using such methodology, the Sec- gery centers, prophylactic IV antibiotic tim- has the opportunity to review, and submit retary shall provide for an assessment (in ing, and patient falls. Ambulatory surgical any corrections for, the data to be made pub- this subsection referred to as the ‘ASC per- centers determined by the Secretary to fur- lic with respect to the ambulatory surgery formance score’) for each ambulatory sur- nish a minimal number of items and services center under subparagraph (C)(ii) prior to gical center for each performance period. under this title with respect to a year shall such data being made public.’’. The methodology shall provide that the ASC not be subject to a reduction under this sub- (b) AMBULATORY SURGICAL CENTER VALUE- performance score is determined using the paragraph for such year.’’; BASED PURCHASING PROGRAM.—Section higher of its achievement or improvement (2) in subparagraph (B)— 1833(i) is amended by adding at the end the score for each measure. (A) by striking ‘‘Except as the Secretary following new paragraph: ‘‘(G) APPEALS.—The Secretary shall estab- may otherwise provide, the’’ and inserting ‘‘(8) VALUE-BASED PURCHASING PROGRAM.— lish a process by which ambulatory surgery ‘‘Except as provided in the subsequent sen- ‘‘(A) ESTABLISHMENT.—The Secretary shall centers may appeal the calculation of the tence, the’’; and establish an ambulatory surgical center ambulatory surgery center’s performance (B) by adding at the end the following: ‘‘In value-based purchasing program (in this sub- with respect to the performance standards carrying out the previous sentence, the Sec- section referred to as the ‘Program’) under established under subparagraph (D) and the retary shall— which, subject to subparagraph (I), each am- ambulatory surgery center performance ‘‘(i) ensure that measures meet the defini- bulatory surgical center that the Secretary score under subparagraph (E). The Secretary tion and process for identifying quality determines meets (or exceeds) the perform- shall ensure that such process provides for measures under subsections (a) and (b) of ance standards under subparagraph (D) for resolution of appeals in a timely manner. section 931 of the Public Health Service Act; the performance period (as established under ‘‘(H) CALCULATION OF VALUE-BASED INCEN- ‘‘(ii) ensure that measures are developed, subparagraph (E)) for a calendar year is eli- TIVE PAYMENT.— selected, and modified in accordance with gible, from the amounts made available in ‘‘(i) VALUE-BASED PERCENTAGE AMOUNT.— the development, selection, and modification the total shared savings pool under subpara- For purposes of subparagraph (A), the Sec- processes for measures established under sec- graph (I)(iv), for shared savings under sub- retary shall specify a value-based percentage tion 1890A and in accordance with section paragraph (I), which shall be in the form, amount for an ambulatory surgical center 1890; after application of the adjustments under for a calendar year. ‘‘(iii) ensure that measures are selected, clauses (iv), (v), and (vi) of paragraph (2)(D), ‘‘(ii) REQUIREMENTS.—In specifying the and a data submission process is imple- of an increase in the amount of payment de- value-based percentage amount for each am- mented, under this paragraph in a manner termined under the payment system under bulatory surgical center for a calendar year that ensures ambulatory surgical centers are paragraph (2)(D) for surgical services fur- under clause (i), the Secretary shall ensure able to voluntarily submit data under this nished by such center during the subsequent that such percentage is based on— paragraph not later than January 1, 2013; year, by the value-based percentage amount ‘‘(I) the ASC performance score of the am- ‘‘(iv) make available an infrastructure under subparagraph (H) specified by the Sec- bulatory surgery center under subparagraph which will allow ambulatory surgery centers retary for such center and year. (F); and to submit data on such measures through ‘‘(B) PROGRAM START DATE.—The Program ‘‘(II) the amount of the total savings pool electronic and other means; shall apply to payments for procedures oc- made available under subparagraph (I)(iii)(I) ‘‘(v) ensure that the form and manner of curring on or after January 1, 2015. for such year. submissions under this paragraph by ambu- ‘‘(C) MEASURES.— ‘‘(I) ANNUAL CALCULATION OF SHARED SAV- latory surgical centers shall include the op- ‘‘(i) IN GENERAL.—For purposes of the Pro- INGS FUNDING FOR VALUE-BASED INCENTIVE tion of submitting data with claims for pay- gram, the Secretary shall select measures PAYMENTS.— ment under this part; from the measures specified under paragraph ‘‘(i) DETERMINING BONUS POOL.—In each ‘‘(vi) ensure that a mechanism is developed (7). year of the Program, ambulatory surgery to allow an ambulatory surgical center to at- ‘‘(ii) AVAILABILITY OF MEASURE AND DATA.— centers shall be eligible to receive payment test that the center did not furnish services The Secretary may not select a measure for shared savings under the Program only if applicable to selected measures for use under under this paragraph for use under the Pro- for such year the sum of—

VerDate Mar 15 2010 12:22 Jul 11, 2014 Jkt 099102 PO 00000 Frm 00063 Fmt 0686 Sfmt 0634 E:\BR11\S09JN1.002 S09JN1 wreier-aviles on DSK5TPTVN1PROD with BOUND RECORD June 9, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 6 8945 ‘‘(I) the estimated amount of expenditures ‘‘(bb) the estimated Medicare expenditures used primarily for recreation, pleasure, under this title for Medicare fee-for-service for surgical services described in clause (i)(I) and sport. Horses differ from other beneficiaries (as defined in section 1899(h)(3)) furnished to Medicare fee-for-service bene- livestock animals in that we do not for surgical services for which payment is ficiaries for which payment was made under raise them for the purpose of slaughter. made under the payment system under para- subsection (t) in the most recent year. graph (2), adjusted for beneficiary character- ‘‘(J) NO EFFECT IN SUBSEQUENT CALENDAR We raise and train them to trust us, istics, and YEARS.—The value-based percentage amount perform for us, and allow us on their ‘‘(II) the estimated amount of expenditures under subparagraph (H) and the percent de- backs. As such, they are entitled to a under this title for Medicare fee-for-service termined under subparagraph (I)(iii)(I) shall sense of human compassion, of which beneficiaries (as so defined) for the same sur- apply only with respect to the calendar year the practice of horse slaughter is void. gical services for which payment is made involved, and the Secretary shall not take Throughout the development of this under the prospective payment system under into account such amount or percentage in country, human consumption of horse subsection (t), adjusted for beneficiary char- making payments to an ambulatory surgery acteristics, center under this section in a subsequent meat has not been a widely accepted is at least the percent specified by the Sec- calendar year.’’. activity. This is undoubtedly due to retary below the applicable benchmark de- SEC. 4. APC PANEL REPRESENTATION. the unique relationship enjoyed be- termined for such year under clause (ii). For (a) ASC REPRESENTATIVE.—The second sen- tween mankind and horses for thou- purposes of this subparagraph, such sum tence of section 1833(t)(9)(A) of the Social Se- sands of years. Horses were there in our shall be referred to as ‘estimated expendi- curity Act (42 U.S.C. 1395l(t)(9)(A)) is amend- work, on our farms, for transportation tures’. The Secretary shall determine the ap- ed by inserting ‘‘and suppliers subject to the and communication in the taming of a propriate percent described in the preceding prospective payment system (including at vast American Frontier, and on every sentence to account for normal variation in least one ambulatory surgical center rep- volume of services under this title and to ac- resentative)’’ after ‘‘an appropriate selection battlefield prior to World War II. They count for changes in the coverage of services of representatives of providers’’. have proven their loyalty and nobility, in ambulatory surgery centers and hospital (b) EFFECTIVE DATE.—The amendment and without them, the development of outpatient departments during the perform- made by subsection (a) shall take effect on our country might not have been pos- ance period involved. the date of the enactment of this Act. sible and at the least, would have been ‘‘(ii) ESTABLISH AND UPDATE BENCHMARK.— SEC. 5. ENSURING ACCESS TO SAME DAY SERV- significantly more difficult. In modern ICES. For purposes of clause (i), the Secretary time, horses provide joy and entertain- shall calculate a benchmark for each year The conditions for coverage of ambulatory described in such clause equal to the product surgical center services specified by the Sec- ment. Through racing, jumping, recre- of— retary of Health and Human Services pursu- ation, and even therapy to the dis- ‘‘(I) estimated expenditures described in ant to section 1832(a)(2)(F)(i) of the Social abled, horses touch the lives of many clause (i) for such year, and Security Act (42 U.S.C. 1395k(a)(2)(F)(i)) shall Americans. Clearly, they hold a special ‘‘(II) the average annual growth in esti- not prohibit ambulatory surgical centers place in our culture, and it is for these mated expenditures for the most recent from providing individuals with any notice reasons, that so many people are three years. of rights or other required notice on the date of a procedure if more advance notice is not strongly opposed to horse slaughter in Such benchmark shall be reset at the start America. of each calendar year, and adjusted for feasible under the circumstances, including changes in enrollment under the Medicare when a procedure is scheduled and performed Unfortunately, horse owners do have fee-for-service program. on the same day. to face the realities of infirmity, age, ‘‘(iii) PAYMENTS BASED ON SHARED SAV- or other reasons that may necessitate INGS.—If the requirement under clause (i) is By Ms. LANDRIEU (for herself, putting down their animal. However, met for a year— Mr. GRAHAM, Mr. AKAKA, Mr. this calls for humane euthanasia, and ‘‘(I) 50 percent of the total savings pool es- BEGICH, Mr. BROWN of Massa- slaughter is simply not an appropriate timated under clause (iv) for such year shall chusetts, Mr. CARPER, Ms. COL- alternative. The average cost for hu- be made available for shared savings to be LINS, Mrs. GILLIBRAND, Mr. mane euthanasia and disposal is about paid to ambulatory surgical centers under KIRK, Mr. LAUTENBERG, Mr. this paragraph; the same as the cost of one month’s LEVIN, Mr. LIEBERMAN, Mr. ‘‘(II) a percent (as determined appropriate care, so it is not unreasonable to ex- by the Secretary, in accordance with sub- MENENDEZ, Ms. MIKULSKI, Mr. pect horse owners to accept responsi- paragraph (H)) of such amount made avail- SANDERS, and Mr. SCHUMER): bility and incur this minor expense. S. 1176. A bill to amend the Horse able for such year shall be paid as shared Additionally, because we do not raise Protection Act to prohibit the ship- savings to each ambulatory surgery center horses with the intent to slaughter for that is determined under the Program to ping, transporting, moving, delivering, human consumption, they are fre- have met or exceeded performance scores for receiving, possessing, purchasing, sell- quently treated with drugs not ap- such year; and ing, or donation of horses and other proved for use in animals raised for ‘‘(III) all funds made available under sub- equines to be slaughtered for human human consumption. These drugs can clause (I) for such year shall be used and paid consumption, and for other purposes; as sharing savings for such year in accord- be toxic when ingested by humans. We to the Committee on Commerce, ance with subclause (II). have no system in the United States to ‘‘(iv) ESTIMATE OF THE TOTAL SAVINGS Science, and Transportation. Ms. LANDRIEU. Mr. President, today track which medications a horse has POOL.—For purposes of clause (iii), the Sec- received throughout its lifetime, and as retary shall estimate for each year of the I join my colleagues in introducing the Program the total savings pool as the prod- American Horse Slaughter Prevention such, American horse meat poses a uct of— Act. This bill will prohibit the slaugh- food safety and export risk. ‘‘(I) the conversion factor for such year de- ter of horses for human consumption, a It is for all of these reasons that I am termined by the Secretary under the pay- practice that the majority of Ameri- committed to ensuring that this bill is ment system under paragraph (2)(D) divided cans oppose and of which many are un- brought to the attention of all of our by the conversion factor calculated under aware. The last American horse slaugh- colleagues here in the Senate. I look subsection (t)(3)(C) for such year for covered forward to working with the senior OPD services, multiplied by 100, and terhouses were closed in 2007, and there ‘‘(II)(aa) the product of the estimated is virtually no demand for horse meat Senator from South Carolina and oth- Medicare expenditures for surgical services for human consumption in the United ers to address this important issue and described in clause (i)(I) furnished during States. Unfortunately, tens of thou- pass a commonsense bill that reflects such year to Medicare fee-for-service bene- sands of American horses are still the desires of many of our constitu- ficiaries (as defined in section 1899(h)(3)) for being inhumanely transported to for- ents, who support the humane treat- which payment is made under subsection (t) eign processing plants, where they are ment of our horses and the prohibition and the average annual growth in the esti- brutally slaughtered. of their slaughter for humane con- mated Medicare expenditures for such serv- sumption. ices furnished to Medicare fee-for-service Horses are domestic animals that beneficiaries (as so defined) for which pay- have served men and women as loyal, Mr. President, I ask unanimous con- ment is made under subsection (t) in the hard working companions for thou- sent that the text of the bill be printed most recent available 3 years, less sands of years; and today, they are in the RECORD.

VerDate Mar 15 2010 12:22 Jul 11, 2014 Jkt 099102 PO 00000 Frm 00064 Fmt 0686 Sfmt 0634 E:\BR11\S09JN1.002 S09JN1 wreier-aviles on DSK5TPTVN1PROD with BOUND RECORD 8946 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 6 June 9, 2011 There being no objection, the text of (1) by striking the first sentence of para- U.S. students do not continue to fall the bill was ordered to be printed in graph (1); behind our global competitors. the RECORD, as follows: (2) by redesignating paragraphs (1) and (2) Each year in the United States, ap- and as paragraphs (2) and (3), respectively; S. 1176 proximately 1.2 million students drop and Be it enacted by the Senate and House of Rep- (3) by inserting before paragraph (2) (as re- out of school without receiving a di- resentatives of the United States of America in designated by paragraph (2)) the following: ploma, at an estimated annual cost to Congress assembled, ‘‘(1) The Secretary may detain for exam- the country of over $300 billion. My SECTION 1. SHORT TITLE. ination, testing, or the taking of evidence— home State of New Mexico has one of This Act may be cited as the ‘‘American ‘‘(A) any horse at any horse show, horse ex- the lowest statewide graduation rates Horse Slaughter Prevention Act of 2011’’. hibition, or horse sale or auction that is sore in the country. The Graduation Prom- SEC. 2. PROHIBITION ON SHIPPING, TRANS- or that the Secretary has probable cause to ise Act, which I am introducing today, PORTING, MOVING, DELIVERING, RE- believe is sore; and CEIVING, POSSESSING, PUR- authorizes a new Federal focus on help- ‘‘(B) any horse or other equine that the CHASING, SELLING, OR DONATION ing underperforming high schools im- OF HORSES AND OTHER EQUINES Secretary has probable cause to believe is FOR SLAUGHTER FOR HUMAN CON- being shipped, transported, moved, delivered, prove student achievement and in- SUMPTION. received, possessed, purchased, sold, or do- crease graduation rates. (a) DEFINITIONS.—Section 2 of the Horse nated in violation of section 5(8).’’. The Federal Government should sup- Protection Act (15 U.S.C. 1821) is amended— (e) AUTHORIZATION OF APPROPRIATIONS.— port teachers using the most up-to- (1) by redesignating paragraphs (1), (2), (3), Section 12 of the Horse Protection Act (15 date technology to prepare students for and (4) as paragraphs (2), (3), (5), and (6), re- U.S.C. 1831) is amended by striking ‘‘$500,000’’ success in college and 21st century ca- spectively; and inserting ‘‘$5,000,000’’. (2) by inserting before paragraph (2) (as re- reers. Today, I reintroduced the designated by paragraph (1)) the following: By Mr. BINGAMAN: Achievement Through Technology and ‘‘(1) The term ‘human consumption’ means S. 1177. A bill to provide grants to Innovation Act of 2011. This bill would ingestion by people as a source of food.’’; and States to improve high schools and renew and strengthen the existing edu- (3) by inserting after paragraph (3) (as re- raise graduation rates while ensuring cation technology program in ESEA. designated by paragraph (1)) the following: rigorous standards, to develop and im- The ATTAIN Act recognizes that learn- ‘‘(4) The term ‘slaughter’ means the killing plement effective school models for ing technologies are critical to pre- of 1 or more horses or other equines with the intent to sell or trade the flesh for human struggling students and dropouts, and paring students for the 21st century consumption.’’. to improve State policies to raise grad- workforce, ensuring high quality (b) FINDINGS.—Section 3 of the Horse Pro- uation rates, and for other purposes; to teaching, and improving the produc- tection Act (15 U.S.C. 1822) is amended— the Committee on Health, Education, tivity of our Nation’s educational sys- (1) by redesignating paragraphs (1) through Labor, and Pensions. tem. The Act would provide Federal (5) as paragraphs (6) through (10), respec- Mr. BINGAMAN. Mr. President, I rise funds to states and local school dis- tively; today to introduce a series of edu- tricts to train teachers, purchase edu- (2) by adding before paragraph (6) (as redes- ignated by paragraph (1)) the following: cation bills S. 1177, S. 1178, and S. 1179, cation technology hardware and soft- ‘‘(1) horses and other equines play a vital that reflect many of my legislative pri- ware, and support innovative learning role in the collective experience of the orities in K–12 education policy and the methods and student technological lit- United States and deserve protection and reauthorization of the Elementary and eracy. compassion; Secondary Education Act. As Chair- All students, regardless of their in- ‘‘(2) horses and other equines are domestic man HARKIN, Ranking Member ENZI, come levels, should be able to benefit animals that are used primarily for recre- and my Senate colleagues on the from high expectations, high academic ation, pleasure, and sport; ‘‘(3) unlike cows, pigs, and many other ani- Health, Education, Labor and Pensions standards, and college-level academic mals, horses and other equines are not raised Committee continue negotiations on opportunities. The Advanced Programs for the purpose of being slaughtered for the reauthorization of ESEA, I feel Act of 2011 would renew the current human consumption; that it is appropriate to introduce leg- ESEA program, which provides Federal ‘‘(4) individuals selling horses or other islation that I have developed for in- funding to pay low-income students’ equines at auctions are seldom aware that clusion in the reauthorized legislation. AP exam fees and incentive grants to the animals may be bought for the purpose While the bills I have introduced today expand student access to AP courses of being slaughtered for human consumption; and exams. ‘‘(5) the Animal and Plant Health Inspec- do not address all of the many changes tion Service of the Department of Agri- that I feel are necessary to fix No Child Finally, I wish to highlight my co- culture has found that horses and other Left Behind, they do emphasize areas sponsorship of the Time for Innovation equines cannot be safely and humanely of particular and longstanding concern Matters in Education Act, which Chair- transported in double deck trailers;’’; and to me and my constituents. man HARKIN introduced on April 14th (3) by striking paragraph (8) (as redesig- I strongly believe that there must be of this year. The TIME Act authorizes nated by paragraph (1)) and inserting the fol- a continued federal role in education in Federal funding to support expanded lowing: the United States. I have great respect learning time, ELT, initiatives in pub- ‘‘(8) the movement, showing, exhibition, or for State and local school officials, and lic schools. American students spend sale of sore horses in intrastate commerce, and the shipping, transporting, moving, de- as such I believe that they continue to about 30 percent less time in school livering, receiving, possessing, purchasing, require Federal support to improve stu- than students in other leading nations, selling, or donation in intrastate commerce dent achievement and improve gradua- which hinders our students’ ability to of horses and other equines to be slaughtered tion rates. Given the severe education succeed and compete. ELT programs for human consumption, adversely affect and funding challenges in my home State typically provide extra time for aca- burden interstate and foreign commerce;’’. of New Mexico and across the country, demic student, enrichment activities, (c) PROHIBITION.—Section 5 of the Horse Congress has a particular obligation to and teacher collaboration. Studies Protection Act (15 U.S.C. 1824) is amended— (1) by redesignating paragraphs (8) through retain its focus on student achieve- show that programs that significantly (11) as paragraphs (9) through (12), respec- ment, especially among low-income increase the total number of hours in a tively; and and disadvantaged youth. regular school schedule can lead to (2) by inserting after paragraph 7 the fol- Federal education policy should gains in academic achievement, par- lowing: prioritize ending the nationwide high ticularly for students who are furthest ‘‘(8) The shipping, transporting, moving, school dropout crisis; supporting the behind. delivering, receiving, possessing, purchasing, effective use of education technology, Taken together, these four bills selling, or donation of any horse or other especially in high-poverty schools; en- present a coherent, consistent vision equine to be slaughtered for human con- suring that students benefit from high for the Federal role in education re- sumption.’’. (d) AUTHORITY TO DETAIN.—Section 6(e) of expectations, rigorous standards and form. We must turn around struggling the Horse Protection Act (15 U.S.C. 1825(e)) is curriculum; and extending the school high schools and improve our high amended— day, week, and/or year to ensure that school graduation rates. We must use

VerDate Mar 15 2010 12:22 Jul 11, 2014 Jkt 099102 PO 00000 Frm 00065 Fmt 0686 Sfmt 0634 E:\BR11\S09JN1.002 S09JN1 wreier-aviles on DSK5TPTVN1PROD with BOUND RECORD June 9, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 6 8947 the best technology available to pro- create a strategic military vulnerability for is to establish strategic dominance vide solid instruction and develop the Israel and greatly impede its sovereign right over the entire region. Their relentless student technological literacy nec- to defend its borders; and pursuit of nuclear weapons and bal- essary for success in the digital age. Whereas Prime Minister of Israel Benjamin listic missile technology is of grave Netanyahu correctly stated on May 20, 2011, We must provide all students with ac- that the 1967 lines were not ‘‘boundaries of concern. cess to high standards and college-level peace. They are the boundaries of repeated Much has been said about Iran’s nu- academic opportunities. We must sup- war’’: Now, therefore, be it clear program, but much less has been port schools adding the school time Resolved by the Senate (the House of Rep- articulated about its ballistic missile necessary to allow our students to keep resentatives concurring), That— program. In order to achieve its stra- pace with students in high-performing (1) it is the policy of the United States to tegic objectives, Iran has embarked on countries. support and facilitate Israel in creating and a significant ballistic missile program. maintaining secure, recognized, and defen- Now is not the time for the Federal Iranian officials have boasted they sible borders; and have the ability to produce a ballistic Government to back away from its (2) it is contrary to United States policy commitment to helping disadvantaged and our national security to have the bor- missile with a 1,250 mile range. In 2009, students succeed in school and in life. ders of Israel return to the armistice lines the Iranians were able to launch a While the Elementary and Secondary that existed on June 4, 1967. multistage space launch vehicle that Education Act needs to be reconsidered Mr. HATCH. Mr. President, today I the Air Force concluded ‘‘can serve as and substantially reworked, we must am pleased to rise and offer, with my a test-bed for long-range ballistic mis- not roll back Federal policy and ignore good friend, the senior Senator from sile technologies.’’ Even more troubling the Iranians ap- the persistent achievement gaps that Connecticut, a concurrent resolution pear to be developing a new long-range limit our national competitiveness and which reaffirms our Nation’s steadfast multistage solid rocket motor missile. deny millions of our children access to and unshakable commitment to the se- Why is that important? If the Iranians the American dream. curity of Israel, specifically through successfully field this type of tech- the establishment of secure, recog- f nology, they will be able to launch, al- nized, and defensible borders. SUBMITTED RESOLUTIONS most instantaneously, missiles which It is unfortunate that I am compelled carry warheads over great distances. to offer such a resolution. For years, With these ominous developments SENATE CONCURRENT RESOLU- both Republican and Democratic ad- emanating from Israel’s and the United TION 23—DECLARING THAT IT IS ministrations have recognized that States common foe, do we really want THE POLICY OF THE UNITED Israel’s boundaries of June 4, 1967 are to be seen as distancing ourselves from STATES TO SUPPORT AND FA- indefensible and if reestablished will one of our staunchest allies—especially CILITATE ISRAEL IN MAINTAIN- create a strategic military vulnerabil- on such a pivotal issue as Israel’s bor- ING DEFENSIBLE BORDERS AND ity for our staunch ally. ders. This issue of these borders is only THAT IT IS CONTRARY TO That is why President Obama’s re- underscored by the constant attacks on UNITED STATES POLICY AND cent comments were so dumbfounding. Israel’s borders by Iran’s surrogates, NATIONAL SECURITY TO HAVE The President’s prepared and thor- Hezbollah and Hamas. THE BORDERS OF ISRAEL RE- oughly considered remarks called for That is why I believe this Concurrent TURN TO THE ARMISTICE LINES the starting point of negotiations to be Resolution is so important. It reaffirms THAT EXISTED ON JUNE 4, 1967 what we all know are the militarily in- the long-held, bipartisan policy of the defensible 1967 lines. United States, that we will ‘‘support Mr. HATCH (for himself, Mr. LIEBER- Remember, if Israel returns to the and facilitate Israel in maintaining de- MAN, Mr. RUBIO, Mr. NELSON of Ne- 1967 lines its territory will, in some lo- fensible borders and that it is contrary braska, Mr. JOHANNS, Mr. WYDEN, Mr. cations, be only 9 miles wide. to United States policy and our na- MORAN, Mr. TOOMEY, Mr. INHOFE, Mr. As Prime Minister Benjamin tional security to have the borders of BARRASSO, Mr. KIRK, Mr. BURR, Mr. Netanyahu correctly stated in a friend- Israel return to the armistice lines CORNYN, Mr. KYL, Mr. THUNE, Mr. ly and appropriate correction to the that existed on June 4, 1967.’’ PORTMAN, Mr. COATS, Mr. COBURN, Ms. President’s remarks, the 1967 lines are The United States has no greater AYOTTE, Mr. BOOZMAN, Mr. BLUNT, Mr. not boundaries of peace. They are friend than Israel and Israel has no BROWN of Massachusetts, Mr. VITTER, boundaries of repeated war. greater friend than the United States. Mr. ROBERTS, Mr. ENZI, Mr. ISAKSON, Israel would have to give up the Israel too often finds herself alone in Ms. MURKOWSKI, Mr. WICKER, Mr. Golan Heights, the strategic elevated the world, unjustly singled out by the LUGAR, and Mr. CHAMBLISS) submitted location which dominates northern left as a nation uniquely without the the following concurrent resolution; Israel. Does the President not remem- moral authority to defend itself. which was referred to the committee ber during the 1973 War the Syrians From my perspective, Israel does not on Foreign Relations: launched a massive armored attack on need to apologize to anyone for defend- S. CON. RES. 23 the Golan Heights which almost suc- ing itself against those who would do Whereas, throughout its short history, ceeded? her harm, and I will always stand by Israel, a liberal democratic ally of the This raises the question of who Presi- Israel as she seeks to protect her citi- United States, has been repeatedly attacked dent Obama was attempting to appease zens against terrorists and their state by authoritarian regimes and terrorist orga- with his ill-advised statements, which sponsors. nizations that denied its right to exist; unnecessarily drove a wedge between Having said that, I also believe many Whereas the United States Government re- the United States and Israel? mains steadfastly committed to the security Iranians, especially the young people, of Israel, especially its ability to maintain The fact is the national security in- know Iran is causing problems in the secure, recognized, and defensible borders; terests of the United States and Israel Middle East. We must support those Whereas the United States Government is are linked. The threats Israel faces are people who are searchers for freedom. resolutely bound to its policy of preserving the threats the United States faces. The security of both our nations is and strengthening the capability of Israel to Whether it is Hezbollah in Lebanon, irrevocably linked. This bipartisan deter enemies and defend itself against any Hamas in the Gaza Strip or these concurrent resolution removes any threat; groups’ benefactor, Iran, we share a harmful ambiguity the President’s re- Whereas United Nations Security Council common foe. marks last week might have caused. Resolution 242 (1967) recognized Israel’s Unfortunately, that foe, Iran, ap- ‘‘right to live in peace within secure and rec- The United States must stand by ognized boundaries free from threats or acts pears to be growing stronger and more Israel. With his remarks last week, of force’’; capable. Iran has repeatedly stated it President Obama undermined her. Whereas the United States has long recog- wishes to wipe the United States and Israel faces consistent unprovoked nized that a return to the 1967 lines would Israel off the map. Iran’s obvious aim aggression by longtime supporters of

VerDate Mar 15 2010 12:22 Jul 11, 2014 Jkt 099102 PO 00000 Frm 00066 Fmt 0686 Sfmt 0634 E:\BR11\S09JN1.002 S09JN1 wreier-aviles on DSK5TPTVN1PROD with BOUND RECORD 8948 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 6 June 9, 2011 terrorism. But Israel is not a victim. bill S. 782, supra; which was ordered to lie on implement, administer, or enforce the final All she asks is the ability to defend the table. rule of the Environmental Protection Agen- herself and for free people to support SA 448. Mr. COBURN submitted an amend- cy entitled ‘‘Water Quality Standards for the her right to self-defense. ment intended to be proposed by him to the State of Florida’s Lakes and Flowing bill S. 782, supra; which was ordered to lie on Waters’’ (75 Fed. Reg. 75762 (December 6, This is no time for the United States the table. 2010)). to distance itself from Israel, and I will SA 449. Mr. COBURN submitted an amend- do everything I can to affirm Israel’s ment intended to be proposed by him to the SA 436. Mr. COBURN (for himself and territorial integrity and ability to pro- bill S. 782, supra; which was ordered to lie on Mrs. FEINSTEIN) submitted an amend- tect her citizens against the the table. ment intended to be proposed by him unprovoked attacks of terrorist and SA 450. Mr. COBURN (for himself, Ms. COL- to the bill S. 782, to amend the Public state actors. LINS, and Mrs. MCCASKILL) submitted an Works and Economic Development Act amendment intended to be proposed by him Because Israel is a true friend, I am of 1965 to reauthorize that Act, and for not surprised that this resolution has to the bill S. 782, supra; which was ordered to lie on the table. other purposes; as follows. strong bipartisan support. My col- SA 451. Mr. COBURN submitted an amend- Beginning on page 17, strike line 14 and all league, Senator LIEBERMAN, and I will ment intended to be proposed by him to the that follows through page 18, line 10, and in- be joined by members of both parties bill S. 782, supra; which was ordered to lie on sert the following: who want to remind the world the the table. (a) BRIGHTFIELDS DEMONSTRATION PRO- United States is steadfastly committed SA 452. Mr. COBURN submitted an amend- GRAM.—Section 218 of the Public Works and to the security of Israel and especially ment intended to be proposed by him to the Economic Development Act of 1965 (42 U.S.C. our ally’s ability to maintain secure, bill S. 782, supra; which was ordered to lie on 3154d) is repealed. recognized and defensible borders. the table. (b) TERMINATION OF GLOBAL CLIMATE SA 453. Mrs. FEINSTEIN submitted an CHANGE MITIGATION INCENTIVE FUND.—Not f amendment intended to be proposed by her later than 30 days after the date of enact- AMENDMENTS SUBMITTED AND to the bill S. 782, supra; which was ordered to ment of this Act, the Secretary of Commerce PROPOSED lie on the table. shall terminate the Global Climate Change SA 454. Mrs. FEINSTEIN submitted an Mitigation Incentive Fund of the Depart- SA 434. Mr. GRASSLEY submitted an amendment intended to be proposed by her ment of Commerce. amendment intended to be proposed by him to the bill S. 782, supra; which was ordered to to the bill S. 782, to amend the Public Works lie on the table. SA 437. Mr. COBURN submitted an and Economic Development Act of 1965 to re- SA 455. Mrs. FEINSTEIN submitted an amendment intended to be proposed by authorize that Act, and for other purposes; amendment intended to be proposed by her him to the bill S. 782, to amend the which was ordered to lie on the table. to the bill S. 782, supra; which was ordered to SA 435. Mr. RUBIO submitted an amend- Public Works and Economic Develop- lie on the table. ment Act of 1965 to reauthorize that ment intended to be proposed by him to the SA 456. Mrs. FEINSTEIN submitted an bill S. 782, supra; which was ordered to lie on amendment intended to be proposed by her Act, and for other purposes; which was the table. to the bill S. 782, supra; which was ordered to ordered to lie on the table; as follows. SA 436. Mr. COBURN (for himself and Mrs. lie on the table. Beginning on page 17, strike line 14 and all FEINSTEIN) submitted an amendment in- SA 457. Ms. STABENOW (for herself and that follows through page 18, line 10, and in- tended to be proposed by him to the bill S. Mr. BROWN of Ohio) submitted an amend- sert the following: 782, supra. ment intended to be proposed by her to the (a) BRIGHTFIELDS DEMONSTRATION PRO- SA 437. Mr. COBURN submitted an amend- bill S. 782, supra; which was ordered to lie on GRAM.—Section 218 of the Public Works and ment intended to be proposed by him to the the table. Economic Development Act of 1965 (42 U.S.C. bill S. 782, supra; which was ordered to lie on SA 458. Mr. LEE submitted an amendment 3154d) is repealed. the table. intended to be proposed by him to the bill S. (b) AUTHORIZATION OF APPROPRIATIONS.— SA 438. Mr. INHOFE (for himself, Mr. 782, supra; which was ordered to lie on the Section 701(a) of the Public Works and Eco- BLUNT, Mr. JOHANNS, Mr. COCHRAN, Mr. table. nomic Development Act of 1965 (42 U.S.C. COATS, and Mr. ROBERTS) submitted an 3231(a)) (as amended by section 19) is amend- f amendment intended to be proposed by him ed by striking ‘‘$500,000,000’’ and inserting to the bill S. 782, supra. ‘‘$150,000,000’’. SA 439. Mr. JOHANNS submitted an TEXT OF AMENDMENTS (c) TERMINATION OF GLOBAL CLIMATE amendment intended to be proposed by him SA 434. Mr. GRASSLEY submitted an CHANGE MITIGATION INCENTIVE FUND.—Not to the bill S. 782, supra; which was ordered to amendment intended to be proposed by later than 30 days after the date of enact- lie on the table. him to the bill S. 782, to amend the ment of this Act, the Secretary of Commerce SA 440. Mr. MERKLEY proposed an amend- Public Works and Economic Develop- shall terminate the Global Climate Change ment to the bill S. 782, supra. Mitigation Incentive Fund of the Depart- SA 441. Mr. MCCAIN proposed an amend- ment Act of 1965 to reauthorize that ment to amendment SA 436 submitted by Mr. Act, and for other purposes; which was ment of Commerce. COBURN (for himself and Mr. CARDIN) to the ordered to lie on the table; as follows: SA 438. Mr. INHOFE (for himself, Mr. bill S. 782, supra. On page 29, after line 20, add the following: SA 442. Mrs. FEINSTEIN submitted an BLUNT, Mr. JOHANNS, Mr. COCHRAN, Mr. SEC. 22. PERMANENT REAUTHORIZATION OF E- amendment intended to be proposed by her VERIFY. COATS, and Mr. ROBERTS) submitted an to the bill S. 782, supra; which was ordered to Section 401(b) of the Illegal Immigration amendment intended to be proposed by lie on the table. Reform and Immigrant Responsibility Act of him to the bill S. 782, to amend the SA 443. Mrs. FEINSTEIN submitted an 1996 (division C of Public Law 104–208; 8 Public Works and Economic Develop- amendment intended to be proposed by her U.S.C. 1324a note) is amended by striking ment Act of 1965 to reauthorize that to the bill S. 782, supra; which was ordered to ‘‘Unless the Congress otherwise provides, the lie on the table. Act, and for other purposes; as follows: Secretary shall terminate a pilot program on SA 444. Ms. SNOWE (for herself, Mrs. At the end, add the following: September 30, 2012.’’. MCCASKILL, Mr. GRASSLEY, Mrs. HAGAN, Ms. TITLE II—REGULATORY ASSESSMENT COLLINS, Mr. MERKLEY, and Mr. ENZI) sub- SEC. 201. SHORT TITLE. mitted an amendment intended to be pro- SA 435. Mr. RUBIO submitted an This title may be cited as the ‘‘Comprehen- posed by her to the bill S. 782, supra; which amendment intended to be proposed by sive Assessment of Regulations on the Econ- was ordered to lie on the table. him to the bill S. 782, to amend the SA 445. Mr. COBURN (for himself and Mr. Public Works and Economic Develop- omy Act of 2011’’. INHOFE) submitted an amendment intended ment Act of 1965 to reauthorize that SEC. 202. DEFINITIONS. to be proposed by him to the bill S. 782, Act, and for other purposes; which was In this title: supra; which was ordered to lie on the table. ordered to lie on the table; as follows. (1) ADMINISTRATOR.—The term ‘‘Adminis- SA 446. Mr. COBURN submitted an amend- trator’’ means the Administrator of the En- ment intended to be proposed by him to the On page 29, after line 20, add the following: vironmental Protection Agency. bill S. 782, supra; which was ordered to lie on SEC. 22. WATER QUALITY STANDARDS. (2) COMMITTEE.—The term ‘‘Committee’’ the table. None of the amounts made available by means the Cumulative Regulatory Assess- SA 447. Mr. COBURN submitted an amend- this Act, the amendments made by this Act, ment Committee established by section ment intended to be proposed by him to the or any other provision of law may be used to 203(a).

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(3) FEDERAL REGULATORY MANDATE.—The (C) any petroleum refining facility that (viii) energy-intensive, trade-exposed in- term ‘‘Federal regulatory mandate’’ means produces gasoline, heating oil, diesel fuel, jet dustry (as defined in North American Indus- any regulation, rule, requirement, or inter- fuel, kerosene, or petrochemical feedstocks; try Classification System codes 31, 32, and pretative guidance that— (D) any petrochemical facility; 33) (including the beneficiation or processing (A) is promulgated or issued (or is expected (E) any hydrocarbon exploration, extrac- (including agglomeration) of metal ores (in- to be initiated) by the Administrator or a tion, manufacturing, production, or trans- cluding iron and copper ores), soda ash, or State or local government during the period portation facility; or phosphate, petroleum refining, and petro- beginning on January 1, 2010, and ending on (F) any biofuel facility. chemicals production), including economic January 1, 2020; SEC. 203. CUMULATIVE REGULATORY ASSESS- and regulatory impacts that could force the (B) applies to 1 or more impacted units; MENT COMMITTEE. shutdown, or limit growth of productive ca- and (a) ESTABLISHMENT.—There is established pacity, of the United States manufacturing (C) implements any provision or require- within the Department of Commerce a Com- industry. mittee, to be known as the ‘‘Cumulative ment relating to— (B) COMPREHENSIVE ANALYSIS.—The assess- (i) interstate or international transport of Regulatory Assessment Committee’’. ment shall include a comprehensive analysis, (b) COMPOSITION OF COMMITTEE.—The Com- air pollution under section 110(a)(2)(D), 115, for the period beginning on January 1, 2012, mittee shall consist of the following officials or 126(b) of the Clean Air Act (42 U.S.C. (or designees of the officials): and ending on December 31, 2025, of the fol- 7410(a)(2)(D), 7415, 7426(b)) with respect to (1) The Secretary of Agriculture. lowing matters: any national ambient air quality standard, (2) The Secretary of Commerce. (i) The impacted units that would likely including— (3) The Secretary of Defense. retire due to the cumulative compliance (I) any standard that has been promulgated (4) The Chairperson of the Council of Eco- costs of the Federal regulatory mandates. or proposed before July 1, 2011; and nomic Advisers. (ii) The amount by which average retail (II) any new or revised standard for ozone (5) The Secretary of Energy. electricity prices are forecasted to increase or fine particulate matter that, as of the (6) The Administrator. above inflation as a result of— date of enactment of this Act, is currently (7) The Chairperson of the Federal Energy (I) the cumulative compliance costs of the under review or development by the Admin- Regulatory Commission. Federal regulatory mandates; istrator; and (8) The Secretary of Labor. (II) the retirement of electric generating (ii) the attainment, or maintenance of at- (9) The Administrator of the Office of In- units that are impacted units described in tainment, of any national ambient air qual- formation and Regulatory Affairs. clause (i); and ity standard, including— (10) The President and Chief Executive Of- (III) other direct and indirect impacts that (I) any new or revised standard for ozone or ficer of the North American Electric Reli- are expected to result from the cumulative fine particulate matter that, as of the date ability Corporation. compliance obligations of the Federal regu- of enactment of this Act, is currently under (11) The Chief Counsel for Advocacy of the latory mandates. review or development by the Administrator; Small Business Administration. (iii) The amount by which average retail and (c) LEADERSHIP; OPERATIONS.—The Sec- transportation fuel and heating oil prices are (II) any other standard that has been pro- retary of Commerce shall— forecasted to increase above inflation as a mulgated or proposed before July 1, 2011; (1) serve as the Chairperson of the Com- result of— (iii) new source performance standards mittee; and (I) the cumulative compliance costs of the under section 111 of the Clean Air Act (42 (2) be responsible for the executive and ad- Federal regulatory mandates; U.S.C. 7411), including any standards under ministrative operation of the Committee. (II) the retirement or closure of domestic subsection (d) of that section; (d) IDENTIFICATION OF FEDERAL REGU- refineries that are impacted units described (iv) hazardous air pollutants under section LATORY MANDATES.—Not later than 30 days in clause (i); 112 of the Clean Air Act (42 U.S.C. 7412); after the date of enactment of this Act, the (III) the likely foreign-sourced replace- (v) greenhouse gas emissions under titles I, Administrator shall provide to the Com- ment for the transportation fuels and heat- II, and V of the Clean Air Act (42 U.S.C. 7401 mittee a list of Federal regulatory man- ing oil supplies loss caused by the retire- dates. et seq.), including the requirements for— ments or closures identified under subclause (e) DUTIES.— (I) new source performance standards (II); and (1) ASSESSMENT.— under section 111 of the Clean Air Act (42 (IV) other direct and indirect impacts that (A) IN GENERAL.—The Committee shall per- U.S.C. 7411), including any standards under form an assessment of the cumulative energy are expected to result from the cumulative subsection (d) of that section; and and economic impacts of the Federal regu- compliance obligations of the Federal regu- (II) preconstruction review permits under latory mandates in accordance with this sub- latory mandates. section 165 of the Clean Air Act (42 U.S.C. section, including direct, indirect, quantifi- (iv) The amount by which average petro- 7475); able, and qualitative effects on— chemical prices are forecasted to increase (vi) cooling water intake structures under (i) employment, including job levels in above inflation as a result of— section 316(b) of the Clean Water Act (33 each segment of the economy and each re- (I) the cumulative compliance costs of the U.S.C. 1326(b)); gion of the United States, including coal-pro- Federal regulatory mandates; (vii) effluent guidelines for regulating the ducing regions; (II) the retirement or closure of domestic discharge of pollutants under section 304 of (ii) economic development, including pro- petrochemical facilities that are impacted the Clean Water Act (33 U.S.C. 1314); duction levels and labor demands in manu- units described in clause (i); (viii) the handling and disposal of coal facturing, commercial, and other sectors of (III) the likely foreign-sourced replace- combustion residuals under subtitle C or D the economy; ment for the petrochemical supplies loss of the Solid Waste Disposal Act (42 U.S.C. (iii) the electric power sector, including caused by the retirements or closures identi- 6921 et seq.); potential impacts on electric reliability, en- fied under subclause (II); and (ix) the regulation of fuels under title II of ergy security, and retail electricity rates; (IV) other direct and indirect impacts that the Clean Air Act (42 U.S.C. 7521 et seq.); (iv) the domestic refining and petro- are expected to result from the cumulative (x) regional haze or reasonably attrib- chemical sector, including potential impacts compliance obligations of the Federal regu- utable visibility impairment under section on supply, international competitiveness, latory mandates. 169A or section 169B of the Clean Air Act (42 wholesale and retail transportation fuels, (v) The direct and indirect adverse impacts U.S.C. 7491, 7492); and and heating oil and petrochemical prices; on the economies of local communities that (xi) any other environmental regulations (v) State and local governments, including are projected to result from the retirement expected to have a significant impact on the potential impacts on governmental oper- of impacted units described in clause (i) and electric power sector, the petroleum refining ations and local communities from any re- increased retail electricity, transportation sector, the petrochemical production sector, ductions in State and local tax revenues; fuels, heating oil, and petrochemical prices pipeline facilities regulated by the Depart- (vi) small businesses (as defined in section that are forecasted under clause (ii), includ- ment of Transportation or the Environ- 601 of title 5, United States Code), including ing— mental Protection Agency, exploration, pro- economic and regulatory impacts that could (I) loss of jobs, including jobs that would duction, or transportation of oil and natural force the shutdown or limit the growth of be lost that relate directly or indirectly to gas, or any other manufacturing sector. small businesses; coal production or petroleum refining; (4) IMPACTED UNIT.—The term ‘‘impacted (vii) agriculture, including economic and (II) reduction in State and local tax reve- unit’’ means— regulatory impacts that could force the nues; (A) any electric generating unit that sells shutdown, or limit growth or productive ca- (III) harm to small businesses; electricity into the grid; pacity, of the agricultural industry in the (IV) harm to consumers; (B) any industrial, commercial, or institu- United States, including the domestic fer- (V) reduction in— tional boiler or process heater; tilizer manufacturing industry; and (aa) the production and use of coal; and

VerDate Mar 15 2010 12:22 Jul 11, 2014 Jkt 099102 PO 00000 Frm 00068 Fmt 0686 Sfmt 0634 E:\BR11\S09JN1.002 S09JN1 wreier-aviles on DSK5TPTVN1PROD with BOUND RECORD 8950 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 6 June 9, 2011 (bb) the domestic production of transpor- shall submit to Congress and the Governor of assistance provided by qualified financing tation fuels, heating oil, and petrochemicals each State a detailed report of the cumu- entities for making qualified energy effi- in the United States; and lative assessment performed under this sub- ciency or renewable efficiency improvements (VI) other resulting adverse economic or section. listed under subsection (d). energy impacts. SEC. 204. SAVINGS CLAUSE. (c) ELIGIBILITY OF QUALIFIED FINANCING EN- (vi) The extent to which the direct and in- Nothing in this title confirms, modifies, or TITIES.—To be eligible to participate in the direct adverse economic impacts identified otherwise affects the statutory authority for program, a qualified financing entity shall— under clause (v) can be mitigated through adopting and implementing the Federal reg- (1) offer a financing product under which the creation of additional jobs and new eco- ulatory mandates. eligible participants may pay over time for nomic growth as a result of renewable en- the cost to the eligible participant (after all ergy projects, energy efficiency measures, SA 439. Mr. JOHANNS submitted an applicable Federal, State, local, and other and other such energy construction projects amendment intended to be proposed by rebates or incentives are applied) of making that are projected to be undertaken in order improvements listed under subsection (d); to meet future energy demands. him to the bill S. 782, to amend the Public Works and Economic Develop- (2) require all financed improvements to be (vii) The cumulative effects of Federal reg- performed by contractors in a manner that ulatory mandates on the ability of industries ment Act of 1965 to reauthorize that meets minimum standards established by the and businesses in the United States to com- Act, and for other purposes; which was Secretary; and pete with industries and businesses in other ordered to lie on the table; as follows: (3) establish standard underwriting criteria countries, with respect to competitiveness in At the end, add the following: to determine the eligibility of program ap- both domestic and foreign markets. SEC. ll. SENSE OF THE SENATE. plicants, which criteria shall be consistent (viii) The regions of the United States that It is the sense of the Senate that, for each with— are forecasted to be— fiscal year for which amounts are appro- (A) with respect to unsecured consumer (I) most affected from the direct and indi- priated to carry out programs authorized loan programs, standard underwriting cri- rect adverse impacts from the retirement of teria used under the energy loan program of impacted units and increased retail elec- under this Act or the amendments made by this Act, if those amounts exceed the the Federal National Mortgage Association; tricity, transportation fuels, heating oil, and or petrochemicals price, as identified under amounts appropriated to carry out the same programs in fiscal year 2007, other discre- (B) with respect to secured loans or other clause (v); and forms of financial assistance, commercially (II) least affected from such adverse im- tionary spending should be reduced by an amount that is equal to the difference be- recognized best practices applicable to the pacts due to the creation of new jobs and form of financial assistance being provided economic growth that are expected to result tween— (1) the amounts appropriated to carry out (as determined by the designated entity ad- directly and indirectly from the energy con- ministering the program in the State). struction projects, as identified under clause programs authorized under this Act or the (d) QUALIFIED ENERGY EFFICIENCY OR RE- (vi). amendments made by this Act; and NEWABLE ENERGY IMPROVEMENTS.—Not later (ix) The cumulative effects of the Federal (2) the amounts appropriated to carry out the same programs in fiscal year 2007. than 90 days after the date of enactment of regulatory mandates on the electric power this Act, the Secretary shall publish a list of sector, including— energy efficiency or renewable energy im- (I) adverse impacts on electric reliability SA 440. Mr. MERKLEY proposed an provements to existing homes that qualify that are expected to result from the retire- amendment to the bill S. 782, to amend under the program. ment of electric generating units identified the Public Works and Economic Devel- (e) ALLOCATION.—In making funds avail- under clause (i); opment Act of 1965 to reauthorize that able to States for each fiscal year under this (II) the geographical distribution of the Act, and for other purposes; as follows: section, the Secretary shall use the formula projected adverse electric reliability impacts At the end of the bill, add the following: used to allocate funds to States to carry out identified in subclause (I), according to the State energy conservation plans established regions established by North American Elec- SEC. ll. LOW-COST ENERGY EFFICIENCY LOANS. under part D of title III of the Energy Policy tric Reliability Corporation; and (III) an assessment of whether current (a) DEFINITIONS.—In this section: and Conservation Act (42 U.S.C. 6321 et seq.). plans to expand electricity generation and (1) ELIGIBLE PARTICIPANT.—The term ‘‘eli- (f) QUALIFIED FINANCING ENTITIES.—Before transmission capabilities for each particular gible participant’’ means a homeowner who making funds available to a State under this region can be optimized to mitigate those receives financial assistance from a qualified section, the Secretary shall require the Gov- projected adverse reliability impacts. financing entity to carry out energy effi- ernor of the State to provide to the Sec- (x) Federal, State, and local policies that ciency or renewable energy improvements to retary a letter of assurance that the State— have been or will be implemented to foster a an existing home or other residential build- (1) has 1 or more qualified financing enti- transition in energy infrastructure in the ing of the homeowner listed under subsection ties that meet the requirements of this sec- United States, including those policies that (d). tion; promote fuel diversity, affordable and reli- (2) PROGRAM.—The term ‘‘program’’ means (2) has established a qualified loan pro- able electricity, and energy security. the Energy Efficiency Loan Program estab- gram mechanism that— (2) CONSULTATION WITH STATE AND LOCAL lished under subsection (b). (A) includes a methodology to ensure cred- GOVERNMENTS.—The Committee shall consult (3) QUALIFIED FINANCING ENTITY.—The term ible energy savings or renewable energy gen- with representatives of State and local gov- ‘‘qualified financing entity’’ means a State, eration; ernments— political subdivision of a State, tribal gov- (B) incorporates an effective repayment (A) to identify potential adverse cumu- ernment, electric utility, natural gas utility, mechanism, which may include— lative impacts of the Federal regulatory nonprofit or community-based organization, (i) on-utility-bill repayment; mandates that have unique or significant re- energy service company, retailer, or any (ii) tax assessment or other form of prop- percussions for each particular region of the other qualified entity that— erty assessment financing; United States; and (A) meets the eligibility requirements of (iii) municipal service charges; (B) to investigate opportunities and strate- this section; and (iv) energy or energy efficiency services gies for mitigating the adverse impacts and (B) is designated by the Governor of a contracts; repercussions identified under subparagraph State. (v) energy efficiency power purchase agree- (A). (4) QUALIFIED LOAN PROGRAM MECHANISM.— ments; (3) METHODOLOGY.—The Committee shall— The term ‘‘qualified loan program mecha- (vi) unsecured loans applying the under- (A) use the best available information and nism’’ means a loan program that is— writing requirements of the energy loan pro- peer-reviewed economic models in per- (A) administered by a qualified financing gram of the Federal National Mortgage Asso- forming the cumulative regulatory impact entity; and ciation; or assessment under this subsection; and (B) principally funded— (vii) alternative contractual repayment (B) seek public comment on the cost, en- (i) by funds provided by or overseen by a mechanisms that have been demonstrated to ergy, and other modeling assumptions used State; or have appropriate risk mitigation features; in performing the assessment. (ii) through the energy loan program of the and (4) PUBLIC NOTICE AND COMMENT.—The Com- Federal National Mortgage Association. (C) will provide, in a timely manner, all in- mittee shall provide public notice and the (5) SECRETARY.—The term ‘‘Secretary’’ formation regarding the administration of opportunity for comment on a draft cumu- means the Secretary of Energy. the program as the Secretary may require to lative regulatory impact assessment to be (b) ESTABLISHMENT.—The Secretary shall permit the Secretary to meet the reporting prepared under this subsection. establish an Energy Efficiency Loan Pro- requirements of subsection (i). (5) REPORT TO CONGRESS AND STATES.—Not gram under which the Secretary shall make (g) USE OF FUNDS.—Funds made available later than January 1, 2012, the Committee funds available to States to support financial to States under the program may be used to

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support financing products offered by quali- subsection to financial institutions that (ii) UNFILLED BABY BOTTLES AND CUPS.— fied financing entities to eligible partici- meet qualifications determined by the Sec- Section 402(j)(2) of the Federal Food, Drug, pants for eligible energy efficiency work, by retary; and and Cosmetic Act, as added by subparagraph providing— ‘‘(B) determine an appropriate percentage (A), shall take effect 180 days after the date (1) interest rate reductions; of loans in a portfolio to review in order to of enactment of this Act. (2) loan loss reserves or other forms of confirm sound underwriting. (2) BAN ON USE OF BISPHENOL A IN INFANT credit enhancement; ‘‘(4) ADMINISTRATION.—Subsections (c) and FORMULA CONTAINERS.— (3) revolving loan funds from which quali- (d)(3) of section 1702 and subsection (c) of (A) IN GENERAL.—Section 412(a) of the Fed- fied financing entities may offer direct this section shall not apply to loan guaran- eral Food, Drug, and Cosmetic Act (21 U.S.C. loans; or tees made under this subsection.’’. 350a(a)) is amended— (4) other debt instruments or financial (k) AUTHORIZATION OF APPROPRIATIONS.— (i) in paragraph (2), by striking ‘‘, or’’ and products necessary— There are authorized to be appropriated to inserting ‘‘,’’; (A) to maximize leverage provided through carry out this section and the amendments (ii) in paragraph (3), by striking the period available funds; and made by this section such sums as are nec- at the end and inserting ‘‘, or’’; and (B) to support widespread deployment of essary. (iii) by adding at the end the following: energy efficiency finance programs. ‘‘(4) the container of such infant formula (h) USE OF REPAYMENT FUNDS.—In the case SA 441. Mr. MCCAIN proposed an (including the lining of such container and, of a revolving loan fund established by a amendment to amendment SA 436 sub- in the case of infant formula powder, exclud- State described in subsection (g)(3), a quali- mitted by Mr. COBURN to the bill S. 782, ing packaging on the outside of the con- fied financing entity may use funds repaid by to amend the Public Works and Eco- tainer that does not come into contact with eligible participants under the program to the infant formula powder) is composed, in provide financial assistance for additional el- nomic Development Act of 1965 to reau- whole or in part, of bisphenol A.’’. igible participants to make improvements thorize that Act, and for other pur- (B) EFFECTIVE DATE.—The amendments listed under subsection (d) in a manner that poses; as follows. made by subparagraph (A) shall take effect is consistent with this section or other such At the appropriate place insert the fol- 18 months after the date of enactment of this criteria as are prescribed by the State. lowing: Act. (i) PROGRAM EVALUATION.—Not later than 1 SEC. ll. PROHIBITION ON USE OF FEDERAL (3) REGULATION OF OTHER CONTAINERS COM- year after the date of enactment of this Act, FUNDS TO CONSTRUCT ETHANOL POSED OF BISPHENOL A.— the Secretary shall submit to Congress a BLENDER PUMPS OR ETHANOL (A) SAFETY ASSESSMENT OF PRODUCTS COM- program evaluation that describes— STORAGE FACILITIES. POSED OF BPA.—Not later than December 1, (1) how many eligible participants have Effective beginning on the date of enact- 2012, the Secretary of Health and Human participated in the program; ment of this Act, no funds made available by Services (referred to in this Act as the ‘‘Sec- (2) how many jobs have been created Federal law (including funds in any trust retary’’) shall issue a revised safety assess- through the program, directly and indi- fund to which funds are made by Federal ment for food containers composed, in whole rectly; law) shall be expended for the construction or in part, of bisphenol A, taking into con- (3) what steps could be taken to promote of an ethanol blender pump or an ethanol sideration different types of such food con- further deployment of energy efficiency and storage facility. tainers and the use of such food containers renewable energy retrofits; with respect to different foods, as appro- (4) the quantity of verifiable energy sav- SA 442. Mrs. FEINSTEIN submitted priate. ings, homeowner energy bill savings, and an amendment intended to be proposed (B) SAFETY STANDARD.—Through the safety other benefits of the program; and by her to the bill S. 782, to amend the assessment described in paragraph (1), and (5) the performance of the programs car- Public Works and Economic Develop- taking into consideration the requirements ried out by qualified financing entities under of section 409 of the Federal Food, Drug, and this section, including information on the ment Act of 1965 to reauthorize that Cosmetic Act (21 U.S.C. 348) and section rate of default and repayment. Act, and for other purposes; which was 170.3(i) of title 21, Code of Federal Regula- (j) CREDIT SUPPORT FOR FINANCING PRO- ordered to lie on the table; as follows. tions, the Secretary shall determine whether GRAMS.—Section 1705 of the Energy Policy On page 29, after line 20, add the following: Act of 2005 (42 U.S.C. 16516) is amended— there is a reasonable certainty that no harm SEC. 22. REQUIREMENTS WITH RESPECT TO will result from aggregate exposure to (1) in subsection (a), by adding at the end BISPHENOL A. bisphenol A through food containers or other the following: (a) SHORT TITLE.—This section may be items composed, in whole or in part, of ‘‘(4) Energy efficiency projects, including cited as the ‘‘Ban Poisonous Additives Act of bisphenol A, taking into consideration po- projects to retrofit residential, commercial, 2011’’. tential adverse effects from low dose expo- and industrial buildings, facilities, and (b) REQUIREMENTS WITH RESPECT TO sure, and the effects of exposure on vulner- equipment, including financing programs BISPHENOL A.— able populations, including pregnant women, that finance the retrofitting of residential, (1) BAN ON USE OF BISPHENOL A IN FOOD AND infants, children, the elderly, and popu- commercial, and industrial buildings, facili- BEVERAGE CONTAINERS FOR CHILDREN.— lations with high exposure to bisphenol A. ties, and equipment.’’. (A) BABY FOOD; UNFILLED BABY BOTTLES AND (C) APPLICATION OF SAFETY STANDARD TO (2) by redesignating subsection (e) as sub- CUPS.—Section 402 of the Federal Food, Drug, ALTERNATIVES.—The Secretary shall use the section (f); and and Cosmetic Act (21 U.S.C. 342) is amended safety standard described under subpara- (3) by inserting after subsection (d) the fol- by adding at the end the following: lowing: ‘‘(j)(1) If it is a food intended for children graph (B) to evaluate the proposed uses of al- ‘‘(e) CREDIT SUPPORT FOR FINANCING PRO- 3 years of age or younger, the container of ternatives to bisphenol A. GRAMS.— which (including the lining of such con- (4) SAVINGS PROVISION.—Nothing in this ‘‘(1) IN GENERAL.—In the case of programs tainer) is composed, in whole or in part, of section shall affect the right of a State, po- that finance the retrofitting of residential, bisphenol A. litical subdivision of a State, or Indian Tribe commercial, and industrial buildings, facili- ‘‘(2) If it is a baby bottle or cup that is to adopt or enforce any regulation, require- ties, and equipment described in subsection composed, in whole or in part, of bisphenol ment, liability, or standard of performance (a)(4), the Secretary may— A.’’. that is more stringent than a regulation, re- ‘‘(A) offer loan guarantees for portfolios of (B) DEFINITION.—Section 201 of the Federal quirement, liability, or standard of perform- debt obligations; and Food, Drug, and Cosmetic Act (21 U.S.C. 321) ance under this section or that— ‘‘(B) purchase or make commitments to is amended by adding at the end the fol- (A) applies to a product category not de- purchase portfolios of debt obligations. lowing: scribed in this section; or ‘‘(2) TERM.—Notwithstanding section ‘‘(ss) BABY BOTTLE OR CUP.—For purposes (B) requires the provision of a warning of 1702(f), the term of any debt obligation that of section 402(j), the term ‘baby bottle or risk, illness, or injury associated with the receives credit support under this subsection cup’ means a bottle or cup that— use of food containers composed, in whole or shall require full repayment over a period ‘‘(1) is intended to aid in the feeding or pro- in part, of bisphenol A. not to exceed the lesser of— viding of drink to children 3 years of age or (5) DEFINITION.—For purposes of this sec- ‘‘(A) 30 years; and younger; and tion, the term ‘‘container’’ includes the lin- ‘‘(B) the projected weighted average useful ‘‘(2) does not contain a food when such bot- ing of a container. life of the measure or system financed by the tle or cup is sold or distributed at retail.’’. Mrs. FEINSTEIN submitted debt obligation or portfolio of debt obliga- (C) EFFECTIVE DATES.— SA 443. tions (as determined by the Secretary). (i) BABY FOOD.—Section 402(j)(1) of the Fed- an amendment intended to be proposed ‘‘(3) UNDERWRITING.—The Secretary may— eral Food, Drug, and Cosmetic Act, as added by her to the bill S. 782, to amend the ‘‘(A) delegate underwriting responsibility by subparagraph (A), shall take effect 1 year Public Works and Economic Develop- for portfolios of debt obligations under this after the date of enactment of this Act. ment Act of 1965 to reauthorize that

VerDate Mar 15 2010 12:22 Jul 11, 2014 Jkt 099102 PO 00000 Frm 00070 Fmt 0686 Sfmt 0634 E:\BR11\S09JN1.002 S09JN1 wreier-aviles on DSK5TPTVN1PROD with BOUND RECORD 8952 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 6 June 9, 2011 Act, and for other purposes; which was (III) by striking ‘‘such increases’’ and in- (1) the term ‘‘8(a) program’’ means the pro- ordered to lie on the table; as follows: serting ‘‘such rates’’; gram under section 8(a) of the Small Busi- On page 29, after line 20, add the following: (B) in subsection (b)— ness Act (15 U.S.C. 637(a)); (i) by striking ‘‘premium increases’’ each (2) the terms ‘‘Administration’’ and ‘‘Ad- SEC. 22. PROTECTION OF CONSUMERS FROM EX- CESSIVE, UNJUSTIFIED, OR UN- place it appears and inserting ‘‘rates’’; and ministrator’’ mean the Small Business Ad- FAIRLY DISCRIMINATORY RATES. (ii) in paragraph (2)(B), by striking ‘‘pre- ministration and the Administrator thereof, (a) SHORT TITLE.—This section may be mium’’ and inserting ‘‘rate’’; and respectively; cited as the ‘‘Health Insurance Rate Review (C) in subsection (c)(1)— (3) the terms ‘‘HUBZone’’ and ‘‘HUBZone Act’’. (i) in the heading, by striking ‘‘PREMIUM’’ small business concern’’ and ‘‘HUBZone (b) PROTECTION OF CONSUMERS FROM EXCES- and inserting ‘‘RATE’’; map’’ have the meanings given those terms SIVE, UNJUSTIFIED, OR UNFAIRLY DISCRIMINA- (ii) by inserting ‘‘that satisfy the condition in section 3(p) of the Small Business Act (15 TORY RATES.— under subsection (e)(3)(A)’’ after ‘‘award U.S.C. 632(p)), as amended by this Act; (1) IN GENERAL.—The first section 2794 of grants to States’’; and (4) the term ‘‘recertification’’ means a de- the Public Health Service Act (42 U.S.C. (iii) in subparagraph (A), by striking ‘‘pre- termination by the Administrator that a 300gg–94), as added by section 1003 of the Pa- mium increases’’ and inserting ‘‘rates’’. business concern that was previously deter- tient Protection and Affordable Care Act (3) CONFORMING AMENDMENT.—Title XXVII mined to be a qualified HUBZone small busi- (Public Law 111–148), is amended by adding of the Public Health Service Act (42 U.S.C. ness concern is a qualified HUBZone small at the end the following new subsection: 300gg et seq.) is amended— business concern under section 3(p)(5) of the ‘‘(e) PROTECTION FROM EXCESSIVE, UNJUSTI- (A) in section 2723 (42 U.S.C. 300gg-22), as Small Business Act (15 U.S.C. 632(p)(5)); and FIED, OR UNFAIRLY DISCRIMINATORY RATES.— redesignated by the Patient Protection and (5) the term ‘‘small business concern’’ has ‘‘(1) AUTHORITY OF STATES.—Nothing in Affordable Care Act— the meaning given that term under section 3 this section shall be construed to prohibit a (i) in subsection (a)— of the Small Business Act (15 U.S.C. 632). State from imposing requirements (including (I) in paragraph (1), by inserting ‘‘and sec- SEC. ll3. FRAUD DETERRENCE AT THE SMALL requirements relating to rate review stand- tion 2794’’ after ‘‘this part’’; and BUSINESS ADMINISTRATION. ards and procedures and information report- (II) in paragraph (2), by inserting ‘‘or sec- Section 16 of the Small Business Act (15 ing) on health insurance issuers with respect tion 2794’’ after ‘‘this part’’; and U.S.C. 645) is amended— to rates that are in addition to the require- (ii) in subsection (b)— (1) in subsection (d)— ments of this section and are more protec- (I) in paragraph (1), by inserting ‘‘and sec- (A) in paragraph (1)— tive of consumers than such requirements. tion 2794’’ after ‘‘this part’’; and (i) in the matter preceding subparagraph ‘‘(2) CONSULTATION IN RATE REVIEW PROC- (II) in paragraph (2)— (A), by striking ‘‘Whoever’’ and all that fol- ESS.—In carrying out this section, the Sec- (aa) in subparagraph (A), by inserting ‘‘or lows through ‘‘oneself or another’’ and in- retary shall consult with the National Asso- section 2794 that is’’ after ‘‘this part’’ ; and serting the following: ‘‘A person shall be sub- ciation of Insurance Commissioners and con- (bb) in subparagraph (C)(ii), by inserting ject to the penalties and remedies described sumer groups. ‘‘or section 2794’’ after ‘‘this part’’; and in paragraph (2) if the person misrepresents ‘‘(3) DETERMINATION OF WHO CONDUCTS RE- (B) in section 2761 (42 U.S.C. 300gg-61)— the status of any concern or person as a VIEWS FOR EACH STATE.—The Secretary shall (i) in subsection (a)— ‘small business concern’, a ‘qualified determine, after the date of enactment of (I) in paragraph (1), by inserting ‘‘and sec- HUBZone small business concern’, a ‘small this section and periodically thereafter, the tion 2794’’ after ‘‘this part’’; and business concern owned and controlled by so- following: (II) in paragraph (2)— cially and economically disadvantaged indi- ‘‘(A) In which States the State insurance (aa) by inserting ‘‘or section 2794’’ after commissioner or relevant State regulator viduals’, a ‘small business concern owned ‘‘set forth in this part’’; and shall undertake the corrective actions under and controlled by women’, or a ‘small busi- (bb) by inserting ‘‘and section 2794’’ after paragraph (4), as a condition of the State re- ness concern owned and controlled by serv- ‘‘the requirements of this part’’; and ceiving the grant in subsection (c), based on ice-disabled veterans’, in order to obtain for the Secretary’s determination that the State (ii) in subsection (b)— any person’’; is adequately prepared to undertake and is (I) by inserting ‘‘and section 2794’’ after (ii) by amending subparagraph (A) to read adequately undertaking such actions. ‘‘this part’’; and as follows: ‘‘(B) In which States the Secretary shall (II) by inserting ‘‘and section 2794’’ after ‘‘(A) prime contract, subcontract, grant, or undertake the corrective actions under para- ‘‘part A’’. cooperative agreement to be awarded under graph (4), in cooperation with the relevant (4) APPLICABILITY TO GRANDFATHERED subsection (a) or (m) of section 8, or section State insurance commissioner or State regu- PLANS.—Section 1251(a)(4)(A) of the Patient 9, 15, 31, or 36;’’; lator, based on the Secretary’s determina- Protection and Affordable Care Act (Public (iii) by striking subparagraph (B); tion that the State is not adequately pre- Law 111–148), as added by section 2301 of the (iv) by redesignating subparagraphs (C) and pared to undertake or is not adequately un- Health Care and Education Reconciliation (D) as subparagraphs (B) and (C), respec- dertaking such actions. Act of 2010 (Public Law 111–152), is amended tively; and ‘‘(4) CORRECTIVE ACTION FOR EXCESSIVE, UN- by adding at the end the following: (v) in subparagraph (C), as so redesignated, JUSTIFIED, OR UNFAIRLY DISCRIMINATORY ‘‘(v) Section 2794 (relating to reasonable- by striking ‘‘, shall be’’ and all that follows RATES.—In accordance with the process es- ness of rates with respect to health insur- and inserting a period; tablished under this section, the Secretary ance coverage).’’. (B) in paragraph (2)— or the relevant State insurance commis- (5) EFFECTIVE DATE.—The amendments (i) by redesignating subparagraphs (C) and sioner or State regulator shall take correc- made by this section shall take effect on the (D) as subparagraphs (D) and (E), respec- tive actions to ensure that any excessive, un- date of enactment of this Act. tively; and justified, or unfairly discriminatory rates (ii) by inserting after subparagraph (B) the are corrected prior to implementation SA 444. Ms. SNOWE (for herself, Mrs. following: through mechanisms such as— MCCASKILL, Mr. GRASSLEY, Mrs. ‘‘(C) be subject to the civil remedies and penalties under subchapter III of chapter 37 ‘‘(A) denying rates; HAGAN, Ms. COLLINS, Mr. MERKLEY, and ‘‘(B) modifying rates; or of title 31, United States Code (commonly Mr. ENZI) submitted an amendment in- ‘‘(C) requiring rebates to consumers.’’. known as the ‘False Claims Act’);’’; and tended to be proposed by her to the bill (2) CLARIFICATION OF REGULATORY AUTHOR- (C) by adding at the end the following: ITY.—Such section is further amended— S. 782, to amend the Public Works and ‘‘(3)(A) In the case of a violation of para- (A) in subsection (a)— Economic Development Act of 1965 to graph (1)(A), (g), or (h), for purposes of a pro- (i) in the heading, by striking ‘‘PREMIUM’’ reauthorize that Act, and for other pur- ceeding described in subparagraph (A) or (C) and inserting ‘‘RATE’’; poses; which was ordered to lie on the of paragraph (2), the amount of the loss to (ii) in paragraph (1), by striking ‘‘unrea- table; as follows: the Federal Government or the damages sus- sonable increases in premiums’’ and insert- tained by the Federal Government, as appli- ing ‘‘potentially excessive, unjustified, or At the end, add the following: cable, shall be an amount equal to the unfairly discriminatory rates, including pre- TITLE l—CONTRACTING FRAUD amount that the Federal Government paid to miums,’’; and PREVENTION the person that received a contract, grant, or (iii) in paragraph (2)— SECTION ll1. SHORT TITLE. cooperative agreement described in para- (I) by striking ‘‘an unreasonable premium graph (1)(A), (g), or (h), respectively. increase’’ and inserting ‘‘a potentially exces- This title may be cited as the ‘‘Small Busi- ‘‘(B) In the case of a violation of subpara- sive, unjustified, or unfairly discriminatory ness Contracting Fraud Prevention Act of graph (B) or (C) of paragraph (1), for the pur- rate’’; 2011’’. pose of a proceeding described in subpara- (II) by striking ‘‘the increase’’ and insert- SEC. ll2. DEFINITIONS. graph (A) or (C) of paragraph (2), the amount ing ‘‘the rate’’; and In this title— of the loss to the Federal Government or the

VerDate Mar 15 2010 12:22 Jul 11, 2014 Jkt 099102 PO 00000 Frm 00071 Fmt 0686 Sfmt 0634 E:\BR11\S09JN1.002 S09JN1 wreier-aviles on DSK5TPTVN1PROD with BOUND RECORD June 9, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 6 8953 damages sustained by the Federal Govern- ‘‘(A) a veteran who possesses a disability SEC. ll5. SECTION 8(a) PROGRAM IMPROVE- ment, as applicable, shall be an amount rating letter establishing a service-con- MENTS. equal to the portion of any payment by the nected disability rated by the Secretary of (a) REVIEW OF EFFECTIVENESS.—Section Federal Government under a prime contract Veterans Affairs as zero percent or more dis- 8(a) of the Small Business Act (15 U.S.C. that was used for a subcontract described in abling; or 637(a)) is amended by adding at the end the subparagraph (B) or (C) of paragraph (1), re- ‘‘(B) a former member of the Armed Forces following: spectively. with a service connected disability who, ‘‘(22) Not later than 3 years after the date of enactment of this paragraph, and every 3 ‘‘(C) In a proceeding described in subpara- under chapter 61 of title 10, United States years thereafter, the Comptroller General of graph (A) or (B), no credit shall be applied Code, is placed on the temporary disability the United States shall— against any loss or damages to the Federal retired list, retired from service due to a ‘‘(A) conduct an evaluation of the effec- Government for the fair market value of the physical disability, or separated from service tiveness of the program under this sub- property or services provided to the Federal due to a physical disability.’’. Government.’’; section, including an examination of— (2) by striking subsection (e) and inserting (b) VETERANS CONTRACTING.—Section 4 of ‘‘(i) the number and size of contracts ap- the following: the Small Business Act (15 U.S.C. 633) is plied for, as compared to the number re- ‘‘(e) Any representation of the status of amended by adding at the end the following: ceived by, small business concerns after suc- cessfully completing the program; any concern or person as a ‘small business ‘‘(g) VETERAN STATUS.— ‘‘(ii) the percentage of small business con- concern’, a ‘qualified HUBZone small busi- ‘‘(1) IN GENERAL.—A business concern seek- cerns that continue to operate during the 3- ness concern’, a ‘small business concern ing status as a small business concern owned year period beginning on the date on which owned and controlled by socially and eco- and controlled by service-disabled veterans nomically disadvantaged individuals’, a the small business concerns successfully shall— complete the program; ‘small business concern owned and con- ‘‘(A) submit an annual certification indi- trolled by women’, or a ‘small business con- ‘‘(iii) whether the business of small busi- cating that the business concern is a small ness concerns increases during the 3-year pe- cern owned and controlled by service-dis- business concern owned and controlled by abled veterans’, in order to obtain any prime riod beginning on the date on which the service-disabled veterans by means of the small business concerns successfully com- contract, subcontract, grant, or cooperative Online Representations and Certifications agreement described in subsection (d)(1) plete the program; and Application process required under section ‘‘(iv) the number of training sessions of- shall be made in writing or through the On- 4.1201 of the Federal Acquisition Regulation, line Representations and Certifications Ap- fered under the program; and or any successor thereto; and plication process required under section ‘‘(B) submit to the Committee on Small ‘‘(B) register with— 4.1201 of the Federal Acquisition Regulation, Business and Entrepreneurship of the Senate ‘‘(i) the Central Contractor Registration or any successor thereto.’’; and and the Committee on Small Business of the database maintained under subpart 4.11 of (3) by adding at the end the following: House of Representatives a report regarding ‘‘(g) A person shall be subject to the pen- the Federal Acquisition Regulation, or any each evaluation under subparagraph (A).’’. alties and remedies described in subsection successor thereto; and (b) OTHER IMPROVEMENTS.— (d)(2) if the person misrepresents the status ‘‘(ii) the VetBiz database of the Depart- (1) IMPROVEMENTS.—In order to improve of any concern or person as a ‘small business ment of Veterans Affairs, or any successor the 8(a) program, the Administrator shall— concern’, a ‘qualified HUBZone small busi- thereto. (A) not later than 90 days after the date of ness concern’, a ‘small business concern ‘‘(2) VERIFICATION OF STATUS.— enactment of this Act, begin to— owned and controlled by socially and eco- ‘‘(A) VETERANS AFFAIRS.—The Secretary of (i) evaluate the feasibility of— nomically disadvantaged individuals’, a Veterans Affairs shall determine whether a (I) using additional third-party data ‘small business concern owned and con- business concern registered with the VetBiz sources; trolled by women’, or a ‘small business con- database of the Department of Veterans Af- (II) making unannounced visits of sites cern owned and controlled by service-dis- fairs, or any successor thereto, as a small that are selected randomly or using risk- abled veterans’— business concern owned and controlled by based criteria; ‘‘(1) in order to allow any person to partici- veterans or a small business concern owned (III) using fraud detection tools, including pate in or be admitted to any program of the and controlled by service-disabled veterans data-mining techniques; and Administration; or is owned and controlled by a veteran or a (IV) conducting financial and analytical ‘‘(2) in relation to a protest of a contract service-disabled veteran, as the case may be. training for the business opportunity spe- award or proposed contract award made ‘‘(B) FEDERAL AGENCIES GENERALLY.—The cialists of the Administration; under regulations issued by the Administra- head of each Federal agency shall— (ii) evaluate the feasibility and advis- tion. ‘‘(i) for a sole source contract awarded to a ability of calculating the adjusted net worth ‘‘(h)(1) A person that submits a request for small business concern owned and controlled or total assets of an individual for purposes payment on a contract or subcontract that is by service-disabled veterans or a contract of the 8(a) program in a manner that in- awarded under subsection (a) or (m) of sec- awarded with competition restricted to cludes assets held by the spouse of the indi- tion 8, or section 9, 15, 31, or 36, shall be small business concerns owned and con- vidual; and deemed to have submitted a certification trolled by service-disabled veterans under (iii) develop a more consistent enforcement that the person complied with regulations section 36, determine whether a business strategy that includes the suspension or de- issued by the Administration governing the concern submitting a proposal for the con- barment of contractors that knowingly percentage of work that the person is re- tract is a small business concern owned and make misrepresentations in order to qualify quired to perform on the contract or sub- controlled by service-disabled veterans; and for the 8(a) program; and contract, unless the person states, in writ- ‘‘(ii) use the VetBiz database of the Depart- (B) not later than 1 year after the date on ing, that the person did not comply with the ment of Veterans Affairs, or any successor which the Comptroller General submits the regulations. thereto, in determining whether a business report under section 8(a)(22)(B) of the Small ‘‘(2) A person shall be subject to the pen- concern is a small business concern owned Business Act, as added by subsection (a), alties and remedies described in subsection and controlled by service-disabled veterans. issue, in final form, proposed regulations of (d)(2) if the person— ‘‘(3) DEBARMENT AND SUSPENSION.—If the the Administration that— ‘‘(A) uses the services of a business other Administrator determines that a business (i) determine the economic disadvantage of than the business awarded the contract or concern knowingly and willfully misrepre- a participant in the 8(a) program based on subcontract to perform a greater percentage sented that the business concern is a small the income and asset levels of the partici- of work under a contract than is permitted business concern owned and controlled by pant at the time of application and annual by regulations issued by the Administration; service-disabled veterans, the Administrator recertification for the 8(a) program; and or may debar or suspend the business concern (ii) require a small business concern to pro- ‘‘(B) willfully participates in a scheme to from contracting with the United States.’’. vide additional certifications designed to circumvent regulations issued by the Admin- (c) INTEGRATION OF DATABASES.—Not later prevent fraud in order to participate in the istration governing the percentage of work than 1 year after the date of enactment of 8(a) program if an immediate family member of an owner of the small business concern is, that a contractor is required to perform on a this Act, the Administrator for Federal Pro- contract.’’. or has been, a participant in the 8(a) pro- curement Policy and the Secretary of Vet- SEC. ll4. VETERANS INTEGRITY IN CON- gram, in the same industry. TRACTING. erans Affairs shall ensure that data is shared (2) DEFINITION.—In this subsection, the (a) DEFINITION.—Section 3(q)(1) of the on an ongoing basis between the VetBiz term ‘‘immediate family member’’ means a Small Business Act (15 U.S.C. 632(q)(1)) is database of the Department of Veterans Af- father, mother, husband, wife, son, daughter, amended by striking ‘‘means a veteran’’ and fairs and the Central Contractor Registra- brother, sister, grandfather, grandmother, all that follows and inserting the following: tion database maintained under subpart 4.11 grandson, granddaughter, father-in-law, and ‘‘means— of the Federal Acquisition Regulation. mother-in-law.

VerDate Mar 15 2010 12:22 Jul 11, 2014 Jkt 099102 PO 00000 Frm 00072 Fmt 0686 Sfmt 0634 E:\BR11\S09JN1.002 S09JN1 wreier-aviles on DSK5TPTVN1PROD with BOUND RECORD 8954 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 6 June 9, 2011 SEC. ll6. HUBZONE IMPROVEMENTS. ‘‘(9) HUBZONE MAP.—The term ‘HUBZone SA 446. Mr. COBURN submitted an (a) PURPOSE.—The purpose of this section map’ means the map used by the Administra- amendment intended to be proposed by is to reform and improve the HUBZone pro- tion to identify HUBZones.’’. him to the bill S. 782, to amend the gram of the Administration. (d) REDESIGNATED AREAS.—Section Public Works and Economic Develop- 3(p)(4)(C)(i) of the Small Business Act (15 (b) IN GENERAL.—The Administrator U.S.C. 632(p)(4)(C)(i)) is amended to read as ment Act of 1965 to reauthorize that shall— follows: Act, and for other purposes; which was (1) ensure the HUBZone map is— ‘‘(i) 3 years after the first date on which ordered to lie on the table; as follows: (A) accurate and up-to-date; and the Administrator publishes a HUBZone map At the appropriate place, insert the fol- (B) revised as new data is made available that is based on the results from the 2010 de- lowing: to maintain the accuracy and currency of cennial census; or’’. SEC. lll. CONSOLIDATING UNNECESSARY DU- the HUBZone map; SEC. ll7. ANNUAL REPORT ON SUSPENSION, DE- PLICATIVE AND OVERLAPPING GOV- (2) implement policies for ensuring that BARMENT, AND PROSECUTION. ERNMENT PROGRAMS. only HUBZone small business concerns de- The Administrator shall submit an annual Notwithstanding any other provision of termined to be qualified under section 3(p)(5) report to the Committee on Small Business law, not later than 150 days after the date of of the Small Business Act (15 U.S.C. 632(p)(5)) and Entrepreneurship of the Senate and the enactment of this Act, the Director of the are participating in the HUBZone program, Committee on Small Business of the House Office of Management and Budget shall co- including through the appropriate use of of Representatives that contains— ordinate with the heads of the relevant de- technology to control costs and maximize, (1) the number of debarments from partici- partment and agencies to— among other benefits, uniformity, complete- pation in programs of the Administration (1) use available administrative authority ness, simplicity, and efficiency; issued by the Administrator during the 1- to eliminate, consolidate, or streamline Gov- (3) submit to the Committee on Small year period preceding the date of the report, ernment programs and agencies with dupli- Business and Entrepreneurship of the Senate including— cative and overlapping missions identified in and the Committee on Small Business of the (A) the number of debarments that were the March 2011 Government Accountability House of Representatives a report regarding based on a conviction; and Office report to Congress, entitled ‘‘Opportu- any application to be designated as a (B) the number of debarments that were nities to Reduce Potential Duplication in HUBZone small business concern or for re- fact-based and did not involve a conviction; Government Programs, Save Tax Dollars, certification for which the Administrator (2) the number of suspensions from partici- and Enhance Revenue’’ (GAO–11–318SP) and has not made a determination as of the date pation in programs of the Administration apply the savings towards deficit reduction; that is 60 days after the date on which the issued by the Administrator during the 1- (2) identify and report to Congress any leg- application was submitted or initiated, year period preceding the date of the report, islative changes required to further elimi- which shall include a plan and timetable for including— nate, consolidate, or streamline Government ensuring the timely processing of the appli- (A) the number of suspensions issued that programs and agencies with duplicative and cations; and were based upon indictments; and overlapping missions identified in the March (4) develop measures and implement plans (B) the number of suspensions issued that 2011 Government Accountability Office re- to assess the effectiveness of the HUBZone were fact-based and did not involve an in- port to Congress, entitled ‘‘Opportunities to program that— dictment; Reduce Potential Duplication in Govern- (A) require the identification of a baseline (3) the number of suspension and ment Programs, Save Tax Dollars, and En- point in time to allow the assessment of eco- debarments issued by the Administrator dur- hance Revenue’’ (GAO–11–318SP); nomic development under the HUBZone pro- ing the 1-year period preceding the date of (3) determine the total cost savings that gram, including creating additional jobs; and the report that were based upon referrals shall result to each agency, office, and de- (B) take into account— from offices of the Administration, other partment from the actions described in para- (i) the economic characteristics of the than the Office of Inspector General; graph (1); and HUBZone; and (4) the number of suspension and (4) rescind from the appropriate accounts (ii) contracts being counted under multiple debarments issued by the Administrator dur- the amount greater of— socioeconomic subcategories. ing the 1-year period preceding the date of (A) $5,000,000,000; or (c) EMPLOYMENT PERCENTAGE.—Section 3(p) the report based upon referrals from the Of- (B) the total amount of cost savings esti- of the Small Business Act (15 U.S.C. 632(p)) is fice of Inspector General; mated by paragraph (3). amended— (5) the number of persons that the Admin- (1) in paragraph (5), by adding at the end istrator declined to debar or suspend after a SA 447. Mr. COBURN submitted an the following: referral described in paragraph (4), and the amendment intended to be proposed by ‘‘(E) EMPLOYMENT PERCENTAGE DURING IN- reason for each such decision; him to the bill S. 782, to amend the TERIM PERIOD.— (6) the number of investigations and re- Public Works and Economic Develop- ‘‘(i) DEFINITION.—In this subparagraph, the views of potential suspensions and ment Act of 1965 to reauthorize that term ‘interim period’ means the period be- debarments that were initiated by the Ad- Act, and for other purposes; which was ginning on the date on which the Adminis- ministration; and ordered to lie on the table; as follows: trator determines that a HUBZone small (7) the number of investigations and re- Beginning on page 8, strike line 22 and all business concern is qualified under subpara- views of potential suspensions and that follows through page 11, line 14, and in- graph (A) and ending on the day before the debarments that were referred by the Admin- sert the following: date on which a contract under the HUBZone istration to other agencies. program for which the HUBZone small busi- SEC. 8. FEDERAL SHARE AND AUTHORIZATION OF APPROPRIATIONS. ness concern submits a bid is awarded. SA 445. Mr. COBURN (for himself and (a) FEDERAL SHARE.—Section 204 of the ‘‘(ii) INTERIM PERIOD.—During the interim Mr. INHOFE) submitted an amendment Public Works and Economic Development period, the Administrator may not deter- intended to be proposed by him to the Act of 1965 (42 U.S.C. 3144) is amended to read mine that the HUBZone small business is not bill S. 782, to amend the Public Works as follows: qualified under subparagraph (A) based on a and Economic Development Act of 1965 ‘‘SEC. 204. FEDERAL SHARE. failure to meet the applicable employment ‘‘The Federal share of the cost of any percentage under subparagraph (A)(i)(I), un- to reauthorize that Act, and for other project carried out under this title shall not less the HUBZone small business concern— purposes; which was ordered to lie on exceed 50 percent.’’. ‘‘(I) has not attempted to maintain the ap- the table; as follows: (b) AUTHORIZATION OF APPROPRIATIONS.— plicable employment percentage under sub- Beginning on page 17, strike line 14 and all Section 701(a) of the Public Works and Eco- paragraph (A)(i)(I); or that follows through page 18, line 10, and in- nomic Development Act of 1965 (42 U.S.C. ‘‘(II) does not meet the applicable employ- sert the following: 3231(a)) (as amended by section 19) is amend- ment percentage— (a) BRIGHTFIELDS DEMONSTRATION PRO- ed by striking ‘‘$500,000,000’’ and inserting ‘‘(aa) on the date on which the HUBZone GRAM.—Section 218 of the Public Works and ‘‘$150,000,000’’. small business concern submits a bid for a Economic Development Act of 1965 (42 U.S.C. contract under the HUBZone program; or 3154d) is repealed. SA 448. Mr. COBURN submitted an ‘‘(bb) on the date on which the HUBZone (b) TERMINATION OF GLOBAL CLIMATE amendment intended to be proposed by small business concern is awarded a contract CHANGE MITIGATION INCENTIVE FUND.—Not him to the bill S. 782, to amend the under the HUBZone program.’’; and later than 30 days after the date of enact- (2) by adding at the end the following: ment of this Act, the Secretary of Commerce Public Works and Economic Develop- ‘‘(8) HUBZONE PROGRAM.—The term shall terminate the Global Climate Change ment Act of 1965 to reauthorize that ‘HUBZone program’ means the program es- Mitigation Incentive Fund of the Depart- Act, and for other purposes; which was tablished under section 31. ment of Commerce. ordered to lie on the table; as follows:

VerDate Mar 15 2010 12:22 Jul 11, 2014 Jkt 099102 PO 00000 Frm 00073 Fmt 0686 Sfmt 0634 E:\BR11\S09JN1.002 S09JN1 wreier-aviles on DSK5TPTVN1PROD with BOUND RECORD June 9, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 6 8955

Strike all after the enacting clause and in- AREAS FOR IMPROVEMENTS FOR GOVERNMENT other recipients of funds from a grant pro- sert the following: PROGRAMS.— gram or other program administered by the SECTION 1. INCORPORATION OF ECONOMIC DE- (1) REQUIREMENT TO IDENTIFY AND DESCRIBE agency; and VELOPMENT ADMINISTRATION INTO PROGRAMS.—Each fiscal year, for purposes of (ii) expenses related to personnel salaries HUD COMMUNITY DEVELOPMENT the report required by paragraph (3), the and benefits, property management, travel, BLOCK GRANT PROGRAM. head of each agency shall— program management, promotion, reviews (a) TERMINATION OF AUTHORITY.—As soon (A) identify and describe every program and audits, case management, and commu- as practicable after the date of enactment of administered by the agency; nication about, promotion of, and outreach this Act, the President shall establish a plan (B) for each such program— for programs and program activities admin- providing for— (i) determine the total administrative ex- istered by the agency. (1) the termination of the Economic Devel- penses of the program; (B) SERVICES.—The term ‘‘services’’ has the opment Administration; and (ii) determine the expenditures for services meaning provided by the Director of the Of- (2) except as provided in subsection (b), the for the program; fice of Management and Budget and shall be transfer of all functions, duties, and authori- (iii) estimate the number of clients served limited to only activities, assistance, and aid ties of the Economic Development Adminis- by the program and beneficiaries who re- that provide a direct benefit to a recipient, tration to the Department of Housing and ceived assistance under the program (if ap- such as the provision of medical care, assist- Urban Development Community Develop- plicable); and ance for housing or tuition, or financial sup- ment Block Grant program established under (iv) estimate— port (including grants and loans). title I of the Housing and Community Devel- (I) the number of full-time employees who (C) AGENCY.—The term ‘‘agency’’ has the opment Act of 1974 (42 U.S.C. 5301 et seq.). administer the program; and same meaning given that term in section (b) LIMITATION.—Notwithstanding sub- (II) the number of full-time equivalents 551(1) of title 5, United States Code, except section (a)(2), on termination of the Eco- (whose salary is paid in part or full by the that the term also includes offices in the leg- nomic Development Administration under Federal Government through a grant or con- islative branch other than the Government subsection (a)(1)— tract or subaward of a grant or contract) Accountability Office. (1) all functions, duties, and authorities of who assist in administering the program; (D) PERFORMANCE INDICATOR, PERFORMANCE the Economic Development Administration and GOAL, OUTPUT MEASURE, PROGRAM ACTIVITY.— with respect to the Global Climate Change (C) identify programs within the Federal The terms ‘‘performance indicator’’, ‘‘per- Mitigation Incentive Fund of the Depart- Government (whether inside or outside the formance goal’’, ‘‘output measure’’, and ment of Commerce; and agency) with duplicative or overlapping mis- ‘‘program activity’’ have the meanings pro- (2) the functions, duties, and authorities sions, services, and allowable uses of funds. vided by section 1115 of title 31, United described in paragraph (1) shall not be trans- (2) RELATIONSHIP TO CATALOG OF DOMESTIC States Code. ASSISTANCE.—With respect to the require- ferred to the Department of Housing and (E) PROGRAM.—The term ‘‘program’’ has Urban Development Community Develop- ments of paragraph (1)(A) and (B)(ii), the the meaning provided by the Director of the ment Block Grant program. head of an agency may use the same infor- Office of Management and Budget and shall mation provided in the catalog of domestic include, with respect to an agency, any orga- and international assistance programs in the SA 449. Mr. COBURN submitted an nized set of activities directed toward a com- case of any program that is a domestic or amendment intended to be proposed by mon purpose or goal undertaken by the agen- international assistance program. him to the bill S. 782, to amend the cy that includes services, projects, processes, (3) REPORT.—Not later than February 1 of or financial or other forms of assistance, in- Public Works and Economic Develop- each fiscal year, the head of each agency cluding grants, contracts, loans, leases, tech- ment Act of 1965 to reauthorize that shall publish on the official public website of nical support, consultation, or other guid- Act, and for other purposes; which was the agency a report containing the following: ance. ordered to lie on the table; as follows: (A) The information required under para- (c) AMENDMENTS TO CATALOG OF FEDERAL graph (1) with respect to the preceding fiscal Strike all after the enacting clause and in- DOMESTIC ASSISTANCE PROGRAMS.— sert the following: year. (B) The latest performance reviews (includ- (1) ADDITION OF INTERNATIONAL ASSISTANCE SECTION 1. ECONOMIC DEVELOPMENT ADMINIS- ing the program performance reports re- PROGRAMS.— TRATION. quired under section 1116 of title 31, United (A) IN GENERAL.—Section 6101 of title 31, (a) TERMINATION OF AUTHORITY.—Effective States Code) of each program of the agency United States Code, is amended by adding at October 1, 2011, the Public Works and Eco- identified under paragraph (1)(A), including the end the following: nomic Development Act of 1965 (42 U.S.C. performance indicators, performance goals, ‘‘(7) The term ‘international assistance’ 3121 et seq.) is repealed. output measures, and other specific metrics has the meaning provided by the Director of (b) TERMINATION OF AGENCY.—Effective be- used to review the program and how the pro- the Office of Management and Budget and ginning on October 1, 2011, the Economic De- gram performed on each. shall include, with respect to an agency, as- velopment Administration is terminated. (C) For each program that makes pay- sistance including grants, contracts, loans, (c) COLLECTION AUTHORITY.—The Secretary ments, the latest improper payment rate of leases, and other financial and technical sup- of the Treasury may collect any amounts the program and the total estimated amount port to— owed to the Federal Government under any of improper payments, including fraudulent ‘‘(A) foreign nations; loan agreement entered into by the Eco- payments and overpayments. ‘‘(B) international organizations; nomic Development Administration in effect (D) The total amount of unspent and unob- ‘‘(C) services provided by programs admin- on September 30, 2011— ligated program funds held by the agency istered by any agency outside of the terri- (1) in accordance with the terms or condi- and grant recipients (not including individ- tory of the United States; and tions of that loan agreement; or uals) stated as an amount— ‘‘(D) services funded by any agency pro- (2) as otherwise provided by law. (i) held as of the beginning of the fiscal vided in foreign nations or outside of the ter- year in which the report is submitted; and ritory of the United States by non-govern- SA 450. Mr. COBURN (for himself, (ii) held for 5 fiscal years or more. mental organizations and entities. Ms. COLLINS, and Mrs. MCCASKILL) sub- (E) Such recommendations as the head of ‘‘(8) The term ‘assistance program’ means mitted an amendment intended to be the agency considers appropriate— each of the following: proposed by him to the bill S. 782, to (i) to consolidate programs that are dupli- ‘‘(A) A domestic assistance program. amend the Public Works and Economic cative or overlapping; ‘‘(B) An international assistance pro- gram.’’. Development Act of 1965 to reauthorize (ii) to eliminate waste and inefficiency; and (B) CONFORMING AMENDMENTS.— that Act, and for other purposes; which (iii) to terminate lower priority, outdated, (i) Section 6102 of title 31, Untied States was ordered to lie on the table; as fol- and unnecessary programs and initiatives. Code, is amended— lows: (4) DEFINITIONS.—In this section: (I) in subsection (a), in the matter pre- At the appropriate place, insert the fol- (A) ADMINISTRATIVE EXPENSES.—The term ceding paragraph (1), by striking ‘‘domestic’’ lowing: ‘‘administrative costs’’ has the meaning as both places it appears; and SEC. lll. ANNUAL REPORTS ON COST OF, PER- determined by the Director of the Office of (II) in subsection (b), by striking ‘‘domes- FORMANCE BY, AND AREAS FOR IM- Management and Budget under section tic’’. PROVEMENTS FOR GOVERNMENT 504(b)(2) of Public Law 111–85 (31 U.S.C. 1105 (ii) Section 6104 of such title is amended— PROGRAMS. note), except the term shall also include, for (I) in subsections (a and (b), by inserting (a) SHORT TITLE.—This section may be purposes of that section and this section, ‘‘and international assistance’’ after ‘‘domes- cited as the ‘‘Taxpayers Right to Know Act’’. with respect to an agency— tic assistance’’ each place it appears; and (b) REQUIREMENTS RELATING TO ANNUAL (i) costs incurred by the agency as well as (II) in the section heading, by inserting REPORT ON COST OF, PERFORMANCE BY, AND costs incurred by grantees, subgrantees, and ‘‘and international’’ after ‘‘domestic’’.

VerDate Mar 15 2010 12:22 Jul 11, 2014 Jkt 099102 PO 00000 Frm 00074 Fmt 0686 Sfmt 0634 E:\BR11\S09JN1.002 S09JN1 wreier-aviles on DSK5TPTVN1PROD with BOUND RECORD 8956 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 6 June 9, 2011 (2) ADDITIONAL INFORMATION REQUIRED TO SEC. lll. PREVENTING DUPLICATIVE AND SA 454. Mrs. FEINSTEIN submitted BE INCLUDED CATALOG.—Section 6104(b) of OVERLAPPING GOVERNMENT PRO- an amendment intended to be proposed title 31, United States Code, is amended— GRAMS. (a) SHORT TITLE.—This section may be by her to the bill S. 782, to amend the (A) by striking ‘‘and’’ at the end of para- Public Works and Economic Develop- graph (2); cited as the ‘‘Preventing Duplicative and (B) by striking the period at the end of Overlapping Government Programs Act’’. ment Act of 1965 to reauthorize that (b) AMENDMENT TO THE STANDING RULES OF paragraph (3) and inserting a semicolon; and Act, and for other purposes; which was THE SENATE.—Paragraph 11 of rule XXVI of ordered to lie on the table; as follows: (C) by adding at the end the following new the Standing Rules of the Senate is amend- paragraphs: ed— On page 29, after line 20, add the following: ‘‘(4) the information required in para- (1) in subparagraph (c), by striking ‘‘and SEC. 22. REQUIRED INSTALLATION AND USE IN graphs (1) through (4) of subsection (b) of the (b)’’ and inserting ‘‘(b), and (c)’’; PIPELINES OF REMOTELY OR AUTO- Taxpayers Right to Know Act; (2) by redesignating subparagraph (c) and MATICALLY CONTROLLED VALVES. ‘‘(5) the budget function or functions appli- subparagraph (d); and Section 60102(j) of title 49, United States cable to each assistance program contained (3) by inserting after subparagraph (b) the Code, is amended by striking paragraph (3) in the catalog; following: and inserting the following: ‘‘(6) with respect to each assistance pro- ‘‘(c) Each such report shall also contain— ‘‘(3) REMOTELY OR AUTOMATICALLY CON- gram in the catalog, an electronic link to ‘‘(1) an analysis by the Congressional Re- TROLLED VALVES.— the annual report required by subsection search Service to determine if the bill or ‘‘(A) IN GENERAL.—Not later than 18 (b)(2) of the Taxpayers Right to Know Act by joint resolution creates any new Federal pro- months after the date of the enactment of the agency that carries out the assistance gram, office, or initiative that would dupli- the Economic Development Revitalization program; and cate or overlap any existing Federal pro- Act of 2011, the Secretary shall prescribe reg- ‘‘(7) the authorization and appropriation gram, office, or initiative with similar mis- ulations requiring the installation and use in amount provided by law for each assistance sion, purpose, goals, or activities along with pipelines and pipeline facilities, wherever program in the catalog in the current fiscal a listing of all of the overlapping or duplica- technically and economically feasible, of re- year, and a notation if the program is not tive Federal program or programs, office or motely or automatically controlled valves authorized in the current year, has not been offices, or initiative or initiatives; and that are reliable and capable of shutting off authorized in law, or does not receive a spe- ‘‘(2) an explanation provided by the com- the flow of gas in the event of an accident, cific line item appropriation.’’. mittee as to why the creation of each new including accidents in which there is a loss (3) REPORT RELATED TO COMPLIANCE WITH program, office, or initiative is necessary if of the primary power source. CATALOG REQUIREMENTS.—Section 6104 of a similar program or programs, office or of- ‘‘(B) CONSULTATIONS.—In developing regu- title 31, United States Code, is further fices, or initiative or initiatives already lations prescribed in accordance with sub- amended by adding at the end the following exist.’’. paragraph (A), the Secretary shall consult new subsection: with appropriate groups from the gas pipe- ‘‘(e) COMPLIANCE.—On the website of the SA 452. Mr. COBURN submitted an line industry and pipeline safety experts.’’. catalog of Federal domestic and inter- amendment intended to be proposed by national assistance information, the Admin- him to the bill S. 782, to amend the SA 455. Mrs. FEINSTEIN submitted istrator shall provide the following: Public Works and Economic Develop- an amendment intended to be proposed ‘‘(1) CONTACT INFORMATION.—The title and ment Act of 1965 to reauthorize that by her to the bill S. 782, to amend the contact information for the person in each Act, and for other purposes; which was Public Works and Economic Develop- agency responsible for the implementation, ordered to lie on the table; as follows: compliance, and quality of the data in the ment Act of 1965 to reauthorize that catalog. Beginning on page 2, strike line 1 and all Act, and for other purposes; which was that follows through page 29, line 20, and in- ‘‘(2) REPORT.—An annual report compiled ordered to lie on the table; as follows: sert the following: by the Administrator of domestic assistance At the end of the bill, insert the following: programs, international assistance pro- SEC. 2. FEDERAL SHARE. lll grams, and agencies with respect to which Section 204 of the Public Works and Eco- SEC. . NO FIREARMS FOR FOREIGN FELONS nomic Development Act of 1965 (42 U.S.C. ACT OF 2011. the requirements of this chapter are not 3144) is amended to read as follows: (a) SHORT TITLE.—This section may be met.’’. ‘‘SEC. 204. FEDERAL SHARE. cited as the ‘‘No Firearms for Foreign Felons (4) BULK DOWNLOADS OF DATA.—Section 6103 Act of 2011’’. of such title is amended by adding at the end ‘‘The Federal share of the cost of any project carried out under this title shall not the following new subsection: (b) DEFINITIONS.— exceed 40 percent.’’. (1) COURTS.—Section 921(a) of title 18, ‘‘(d) BULK DOWNLOADS.—The information in SEC. 3. AUTHORIZATION OF APPROPRIATIONS. United States Code, is amended by adding at the catalog of domestic and international as- Section 701 of the Public Works and Eco- the end the following: sistance under section 6104 of this title shall nomic Development Act of 1965 (42 U.S.C. ‘‘(JJ) The term ‘any court’ includes any be available on a regular basis through bulk 3231) is amended to read as follows: Federal, State, or foreign court.’’. downloads from the website of the catalog.’’. ‘‘SEC. 701. AUTHORIZATION OF APPROPRIATIONS. (2) EXCLUSION OF CERTAIN FELONIES.—Sec- (5) REVISION TO AGENCY DEFINITION.—Sec- ‘‘(a) ECONOMIC ADJUSTMENT ASSISTANCE tion 921(a)(20) of title 18, United States Code, tion 6101(2) of such title is amended by in- PROGRAM.—There is authorized to be appro- is amended— serting before the period at the end the fol- priated to carry out the program of grants (A) in subparagraph (A), by striking ‘‘any lowing: ‘‘except such term also includes of- for economic adjustment assistance under Federal or State offenses’’ and inserting fices in the legislative branch other than the section 209 $150,000,000 for each of fiscal years ‘‘any Federal, State, or foreign offenses’’; Government Accountability Office’’. 2011 through 2015. (B) in subparagraph (B), by striking ‘‘any (d) REGULATIONS AND IMPLEMENTATION.— ‘‘(b) TERMINATION OF OTHER PROGRAMS.— State offense classified by the laws of the (1) REGULATIONS.—Not later than 120 days Effective on the date of enactment of the State’’ and inserting ‘‘any State or foreign after the date of the enactment of this Act, Economic Development Revitalization Act of offense classified by the laws of that juris- the Director of the Office of Management 2011, the Secretary may not carry out any diction’’; and and Budget shall prescribe regulations to im- programs under this Act other than the pro- (C) in the matter following subparagraph plement this section. gram funded under subsection (a).’’. (B), in the first sentence, by inserting before (2) IMPLEMENTATION.—This section shall be SA 453. Mrs. FEINSTEIN submitted the period the following: ‘‘, except that a for- eign conviction shall not constitute a con- implemented beginning with the first full an amendment intended to be proposed fiscal year occurring after the date of the en- viction of such a crime if the convicted per- actment of this Act. by her to the bill S. 782, to amend the son establishes that the foreign conviction Public Works and Economic Develop- resulted from a denial of fundamental fair- ment Act of 1965 to reauthorize that ness that would violate due process if com- SA 451. Mr. COBURN submitted an Act, and for other purposes; which was mitted in the United States or from conduct amendment intended to be proposed by ordered to lie on the table; as follows: that would be legal if committed in the him to the bill S. 782, to amend the At the appropriate place, insert the fol- United States’’. Public Works and Economic Develop- lowing: (c) DOMESTIC VIOLENCE CRIMES.—Section ment Act of 1965 to reauthorize that SEC. llll. EXTENSION OF POSTAGE STAMP 921(a)(33) of title 18, United States Code, is Act, and for other purposes; which was FOR BREAST CANCER RESEARCH. amended— ordered to lie on the table; as follows: Section 414(h) of title 39, United States (1) in subparagraph (A), by striking ‘‘sub- Code, is amended by striking ‘‘2011’’ and in- paragraph (C)’’ and inserting ‘‘subparagraph At the end of the bill, insert the following: serting ‘‘2015’’. (B)’’; and

VerDate Mar 15 2010 12:22 Jul 11, 2014 Jkt 099102 PO 00000 Frm 00075 Fmt 0686 Sfmt 0634 E:\BR11\S09JN1.002 S09JN1 wreier-aviles on DSK5TPTVN1PROD with BOUND RECORD June 9, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 6 8957 (2) in subparagraph (B)(ii), by striking ‘‘if (3) by striking ‘‘The Secretary’’ and insert- defined by the Economic Research Service of the conviction has’’ and inserting the fol- ing the following: the Department of Agriculture. lowing: ‘‘if the conviction— ‘‘(1) IN GENERAL.—Subject to paragraph (2), SEC. 204. NOTIFICATION AND CERTIFICATION. ‘‘(I) occurred in a foreign jurisdiction and the Secretary’’; and (a) CERTIFICATION.— the convicted person establishes that the for- (4) by adding at the end the following: (1) IN GENERAL.—The Secretary may certify eign conviction resulted from a denial of fun- ‘‘(2) MANUFACTURING COMMUNITIES.—The for purposes of this title the region in which damental fairness that would violate due Secretary may provide assistance under this the plant closing or mass layoff is located if process if committed in the United States or section if the Secretary determines that— 1 or more of the conditions described in para- from conduct that would be legal if com- ‘‘(A) the project will help the area to meet graph (2) apply. mitted in the United States; or a special need arising from— (2) APPLICABLE CONDITIONS.—The condi- ‘‘(II) has’’. ‘‘(i) actual or threatened severe unemploy- tions referred to in paragraph (1) with re- (d) PENALTIES.—Section 924(e)(2)(A)(ii) of ment in the manufacturing sector; or spect to a region are that— title 18, United States Code, is amended— ‘‘(ii) economic adjustment problems result- (A) if the region is comprised of an urban (1) by striking ‘‘an offense under State ing from severe changes in economic condi- community, not fewer than 500 individuals law’’ and inserting ‘‘an offense under State tions in the manufacturing sector; and employed in that community have received or foreign law’’; and ‘‘(B)(i) the area for which the project is to written notices under section 3 of the Work- (2) by inserting before the semicolon the be carried out meets the criteria described in er Adjustment and Retraining Notification following: ‘‘, except that a foreign conviction paragraph (1)(B); or Act (29 U.S.C. 2102) in the most recent 180- shall not constitute a conviction of such a ‘‘(ii) the area for which the project is to be day period for which data are available; crime if the convicted person establishes carried out has a streamlined strategy con- (B) if the region is comprised of a rural that the foreign conviction resulted from a sisting of any economic plan submitted by community, not fewer than 300 individuals denial of fundamental fairness that would an eligible recipient that receives written employed in that community have received violate due process if committed in the approval by the Governor of the State.’’. written notices under section 3 of the Work- United States or from conduct that would be On page 13, line 11, insert ‘‘(including auto- er Adjustment and Retraining Notification legal if committed in the United States’’. motive manufacturing and supply)’’ before ‘‘, Act (29 U.S.C. 2102) in the most recent 180- natural resource-based’’. day period for which data are available; and SA 456. Mrs. FEINSTEIN submitted On page 29, line 8, strike ‘‘Not later’’ and (C) the unemployment rate for the region an amendment intended to be proposed insert ‘‘(a) IN GENERAL.—Not later’’. is not less than 1 percent greater than the by her to the bill S. 782, to amend the At the end, add the following: national unemployment rate for the most re- Public Works and Economic Develop- (b) RECOMMENDATIONS.—The report sub- cent 12-month period for which data are ment Act of 1965 to reauthorize that mitted under subsection (a) shall include any available through the Bureau of Labor Sta- Act, and for other purposes; which was recommendations of the Government Ac- tistics. ordered to lie on the table; as follows: countability Office on how to consolidate the (b) NOTIFICATION TO CERTIFIED REGIONS.— duplicative, ad hoc, out-of-date, and inad- Not later than 15 days after the Secretary At the end, add the following: equate programs identified in the report. certifies a region under subsection (a), the SEC. 22. ASSISTANCE FOR STATES INCARCER- Secretary shall notify the Governor of the ATING UNDOCUMENTED ALIENS TITLE II—REGIONAL ECONOMIC CHARGED WITH CERTAIN CRIMES. RECOVERY COORDINATION State of that region and the officials of that region of— Section 241(i)(3)(A) of the Immigration and SEC. 201. SHORT TITLE. (1) the certification; Nationality Act (8 U.S.C. 1231(i)(3)(A)) is This title may be cited as the ‘‘Regional (2) the provisions of this title; and amended by inserting ‘‘charged with or’’ be- Economic Recovery Coordination Act of (3) the manner in which to access the cen- fore ‘‘convicted’’. 2011’’. tral information clearinghouse maintained SA 457. Ms. STABENOW (for herself SEC. 202. PURPOSE. under section 502(1) of the Public Works and The purpose of this title is to assist eligi- and Mr. BROWN of Ohio) submitted an Economic Development Act of 1965 (42 U.S.C. ble regions affected by sudden and severe 3192(1)). amendment intended to be proposed by economic dislocation in the period beginning her to the bill S. 782, to amend the SEC. 205. FEDERAL ECONOMIC RECOVERY COOR- on January 1, 2006, by— DINATORS. Public Works and Economic Develop- (1) identifying and coordinating Federal, (a) ASSIGNMENT.— ment Act of 1965 to reauthorize that State, and local economic development re- (1) IN GENERAL.—Upon the request of an eli- Act, and for other purposes; which was sources; gible region, the Secretary shall assign a ordered to lie on the table; as follows: (2) providing technical assistance in sup- Federal economic recovery coordinator to On page 2, strike lines 8 through 10 and in- port of regional economic development strat- that region to carry out the duties described sert the following: egies; and in subsection (b). (2) in subsection (b)— (3) integrating public and private economic (2) ASSIGNMENT OF FEDERAL PERSONNEL.— (A) by redesignating paragraph (4) as para- development strategies for those regions. The Secretary may assign personnel of the graph (5); and SEC. 203. DEFINITIONS. Department of Commerce to serve as Federal (B) by striking paragraph (3) and inserting In this title: economic recovery coordinators in accord- the following: (1) ELIGIBLE REGION.—The term ‘‘eligible ance with the applicable provisions of sub- ‘‘(3) since, depending on local conditions, region’’ means a region that has been cer- chapter VI of chapter 33 of title 5, United assets, and challenges, local communities tified by the Secretary under section 204(a). States Code. create businesses and jobs in different ways, (2) MASS LAYOFF.—The term ‘‘mass layoff’’ (b) DUTIES.—The duties of a Federal eco- the Economic Development Administration has the meaning given the term in section 2 nomic recovery coordinator assigned under should take into consideration the unique of the Worker Adjustment and Retraining subsection (a) to an eligible region are— circumstances and opportunities of local Notification Act (29 U.S.C. 2101). (1) to provide technical assistance to the community applicants, and invest in local- (3) PLANT CLOSING.—The term ‘‘plant clos- eligible region and assist in the development ities that are creating or retaining jobs ing’’ has the meaning given the term in sec- of a comprehensive economic development through a variety of approaches; tion 2 of the Worker Adjustment and Re- strategy (as that term is used in sections 203 ‘‘(4) whether suffering from long-term dis- training Notification Act (29 U.S.C. 2101). and 302 of the Public Works and Economic tress’’. (4) RURAL COMMUNITY.—The term ‘‘rural Development Act of 1965 (42 U.S.C. 3143 and On page 12, between lines 11 and 12 insert community’’ means a community that has a 3162)) for the region, including applying for the following: rural-urban continuum code of 4, 5, 6, 7, 8, or applicable grants to develop or implement SEC. 10. FLEXIBILITY FOR MANUFACTURING 9, as defined by the Economic Research Serv- the plan; COMMUNITIES. ice of the Department of Agriculture. (2) at the local or regional level, to coordi- Section 209(b) of the Public Works and Eco- (5) SECRETARY.—The term ‘‘Secretary’’ nate the response of all Federal agencies of- nomic Development Act of 1965 (42 U.S.C. means the Secretary of Commerce. fering economic adjustment assistance to 3149(b)) is amended— (6) SUDDEN AND SEVERE ECONOMIC DISLOCA- the eligible region; (1) in paragraph (1), by redesignating sub- TION.—The term ‘‘sudden and severe eco- (3) to act as a liaison between the eligible paragraphs (A) and (B) as clauses (i) and (ii), nomic dislocation’’ has the same meaning as region and all Federal agencies that offer respectively, and indenting the clauses ap- used in section 209(a) of the Public Works economic adjustment assistance to eligible propriately; and Economic Development Act of 1965 (42 regions, including— (2) by redesignating paragraphs (1) and (2) U.S.C. 3149). (A) the Department of Agriculture; as subparagraphs (A) and (B), respectively, (7) URBAN COMMUNITY.—The term ‘‘urban (B) the Department of Defense; and indenting the subparagraphs appro- community’’ means a community that has a (C) the Department of Education; priately; rural-urban continuum code of 1, 2, or 3, as (D) the Department of Labor;

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(K) the Environmental Protection Agency; imous consent that the Committee on The PRESIDING OFFICER. Without and Foreign Relations be authorized to objection, it is so ordered. (L) the Department of Transportation; meet during the session of the Senate SUBCOMMITTEE ON FEDERAL FINANCIAL MAN- (4) to report regularly to the Secretary re- on June 9, 2011, at 10 a.m., to hold a AGEMENT, GOVERNMENT INFORMATION, FED- garding the progress of economic adjustment briefing entitled, ‘‘Intelligence Update ERAL SERVICES, AND INTERNATIONAL SECU- in the eligible region; and RITY (5) to perform such other duties as the Sec- on Libya.’’ retary considers to be appropriate. The PRESIDING OFFICER. Without Mr. REID. Mr. President, I ask unan- SEC. 206. AUTHORIZATION OF APPROPRIATIONS. objection, it is so ordered. imous consent that the Committee on For each of fiscal years 2011 through 2013, COMMITTEE ON HEALTH, EDUCATION, LABOR, Homeland Security and Governmental of the amounts made available under section AND PENSIONS Affairs’ Subcommittee on Federal Fi- 701 of the Public Works and Economic Devel- Mr. REID. Mr. President, I ask unan- nancial Management, Government In- opment Act of 1965 (42 U.S.C. 3231), there are imous consent that the Committee on formation, Federal Services, and Inter- authorized to be appropriated to carry out Health, Education, Labor, and Pen- national Security be authorized to this title such sums as are necessary. sions be authorized to meet during the meet during the session of the Senate SA 458. Mr. LEE submitted an session of the Senate on June 9, 2011, at on June 9, 2011, at 2 p.m. to conduct a amendment intended to be proposed by 10 a.m., in 430 Dirksen Senate Office hearing entitled, ‘‘Federal Asset Man- him to the bill S. 782, to amend the Building. agement: Eliminating Waste by Dis- Public Works and Economic Develop- The PRESIDING OFFICER. Without posing of Unneeded Federal Real Prop- ment Act of 1965 to reauthorize that objection, it is so ordered. erty.’’ Act, and for other purposes; which was COMMITTEE ON INDIAN AFFAIRS The PRESIDING OFFICER. Without ordered to lie on the table; as follows: Mr. REID. Mr. President, I ask unan- objection, it is so ordered. At the end, add the following: imous consent that the Committee on f SEC. 22. COST-BENEFIT ANALYSIS FOR RULE- Indian Affairs be authorized to meet MAKING. during the session of the Senate on JOINT REFERRAL—EXECUTIVE Notwithstanding any other provision of June 9, 2011, at 2:15 p.m. in room 628 of NOMINATION law, each rule required to be issued under Mr. REID. Mr. President, I ask unan- the Dodd-Frank Wall Street Reform and the Dirksen Senate Office Building to Consumer Protection Act, or any amend- conduct a hearing entitled Setting the imous consent that the nomination of ment made by that Act, shall be accom- Standard: Domestic Policy Implica- Rebecca R. Wodder, of Colorado, to be panied by a cost-benefit analysis for that tions of the UN Declaration on the Assistant Secretary for Fish and Wild- rule. Rights of Indigenous Peoples.’’ life, sent to the Senate by the Presi- f The PRESIDING OFFICER. Without dent on June 9, 2011, be jointly referred objection, it is so ordered. to the Committee on Environment and AUTHORITY FOR COMMITTEES TO COMMITTEE ON THE JUDICIARY Public Works and the Committee on MEET Mr. REID. Mr. President, I ask unan- Energy and Natural Resources. COMMITTEE ON ARMED SERVICES imous consent that the Committee on The PRESIDING OFFICER. Without Mr. REID. Mr. President, I ask unan- the Judiciary be authorized to meet objection, it is so ordered. imous consent that the Committee on during the session of the Senate on f Armed Services be authorized to meet June 9, 2011, at 10 a.m., in SD–226 of the ORDER OF PROCEDURE during the session of the Senate on Dirksen Senate Office Building, to con- June 9, 2011, at 9:30 a.m. duct an executive business meeting. Mr. REID. I ask unanimous consent The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without that notwithstanding rule XXII, on objection, it is so ordered. objection, it is so ordered. Tuesday, June 14, 2011, at 11 a.m., the COMMITTEE ON BANKING, HOUSING, AND URBAN AD HOC SUBCOMMITTEE ON DISASTER RECOVERY Senate proceed to executive session to AFFAIRS AND INTERGOVERNMENTAL AFFAIRS consider the following nominations: Mr. REID. Mr. President, I ask unan- Mr. REID. Mr. President, I ask unan- Calendar Nos. 73 and 81; that there be 1 imous consent that the Committee on imous consent that the Ad Hoc Sub- hour for debate equally divided be- Banking, Housing, and Urban Affairs committee on Disaster Recovery and tween the two leaders or their des- be authorized to meet during the ses- ignees; that upon the use or yielding sion of the Senate on June 9, 2011, at 10 Intergovernmental Affairs of the Com- back of time, the Senate proceed to a.m. to conduct a hearing entitled ‘‘Re- mittee on Homeland Security and Gov- authorization of the National Flood In- ernmental Affairs be authorized to vote without intervening action or de- surance Program.’’ meet during the session of the Senate bate on Calendar Nos. 73 and 81; that The PRESIDING OFFICER. Without on June 9, 2011, at 10 a.m. to conduct a the motions to reconsider be made and objection, it is so ordered. hearing entitled, ‘‘Border Corruption: laid upon the table with no intervening COMMITTEE ON ENERGY AND NATURAL Assessing Customs and Border Protec- action or debate; that no further mo- RESOURCES tion and the Department of Homeland tions be in order to any of the nomina- Mr. REID. Mr. President, I ask unan- Security Inspector General’s Office of tions; that any statements related to imous consent that the Committee on Collaboration in the Fight to Prevent the nominations be printed in the Energy and Natural Resources be au- Corruption.’’ RECORD; that the President be imme- thorized to meet during the session of The PRESIDING OFFICER. Without diately notified of the Senate’s action the Senate on June 9, 2011, at 9:30 a.m., objection, it is so ordered. and the Senate then resume legislative in room 366 of the Dirksen Senate Of- SELECT COMMITTEE ON INTELLIGENCE session; further, that following disposi- fice Building. Mr. REID. Mr. President, I ask unan- tion of the nominations, the Senate re- The PRESIDING OFFICER. Without imous consent that the Select Com- cess until 2:15 p.m. for the weekly objection, it is so ordered. mittee on Intelligence be authorized to party conferences; further, that at 2:15 COMMITTEE ON ENVIRONMENT AND PUBLIC meet during the session of the Senate p.m., the Senate resume consideration WORKS on June 9, 2011, at 2:30 p.m. of S. 782, the Economic Development Mr. REID. Mr. President, I ask unan- The PRESIDING OFFICER. Without Revitalization Act, and the Senate pro- imous consent that the Committee on objection, it is so ordered. ceed to vote on the motion to invoke

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MEDICAL CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 ROBERT F. SETLIK cloture on the Coburn amendment No. AND 3064: JEFFREY L. SHERE 436, as modified, and the mandatory To be lieutenant colonel TANGENEARE D. SINGH quorum under rule XXII be waived. DIRK L. SLADE ERIC D. AGUILA AHMAD M. SLIM The PRESIDING OFFICER. Without DEVRY C. ANDERSON SEAN T. SMITH objection, it is so ordered. JENNIFER M. BAGER KAREN J. SPANGLE DAVID A. BAKER CHRISTOFER A. STRODE f TROY R. BAKER MELISSA V. TERRY THAD J. BARKDULL WILLIAM THOMAS JEREMY T. BEAUCHAMP JON C. THOMPSON ORDERS FOR MONDAY, JUNE 13, KIMBERLY A. BECK DOUGLAS M. TILTON 2011 SHERYL A. BEDNO COURTNEY T. TRIPP PHILIP BERRAN CHRISTOPHER TROLLMAN Mr. REID. Mr. President, I ask unan- AMIT K. BHAVSAR CLESSON E. TURNER PATRICK T. BIRCHFIELD DAVID C. VAN ECHO imous consent that when the Senate SCOTT D. BLACKWELL JACK R. WALTER completes its business, it adjourn until ROBERT E. BLEASE PAIGE E. WATERMAN ANDREW S. BOSTAPH JAMES A. WAYNE, JR. 2 p.m. on Monday, June 13; that fol- JASON D. BOTHWELL RONALD S. WELLS lowing the prayer and pledge, the Jour- LYNDEN P. BOWDEN THOMAS M. WERTIN KARL W. BREWER PAUL WHITE nal of proceedings be approved to date, THEODORE R. BROWN RONALD L. WHITE the morning hour be deemed expired, JAY R. BUCCI EUGENE W. WILSON JESSICA L. BUNIN RAMEY L. WILSON the time for the two leaders be re- JEAN E. BURR KURT P. WOHLRAB served for their use later in the day, CHRISTIAN L. CARLSON HARRY J. WRIGHT DANIEL W. CARLSON RICARDO M. YOUNG and that following any leader remarks, DAL W. CHUN OMAYA H. YOUSSEF the Senate proceed to a period of morn- WESLEY A. CLARKSON THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT CINDY A. CODISPOTI TO THE GRADE INDICATED IN THE UNITED STATES ARMY ing business until 6 p.m., with Senators CHRISTOPHER J. COLOMBO DENTAL CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 permitted to speak for up to 10 minutes JONATHAN M. DAVISON AND 3064: LAURA DAWSON each. MICHAEL S. DEMPSEY To be lieutenant colonel SHERI K. DENNISON The PRESIDING OFFICER. Without ALFRED C. ANDERSON CRAIG P. DOBSON ELLIOTT BERMUDEZCOLON objection, it is so ordered. NICOLE R. DOBSON JAMES FREEMAN BRENDAN T. DOHERTY TYRUS N. HATCHER f SEAN N. DOOLEY ERICH HEITMAN ANTHONY L. DRAGOVICH DANA HESS THOMAS E. ELLWOOD PROGRAM JON D. LIBBESMEIER ELIZABETH Y. FLANIGAN JAMES D. LUSSIER MELISSA A. FOROUHAR Mr. REID. Mr. President, as pre- JOSEPH A. MARINO SEAN J. FORTSON JAY OWENS viously announced, there will be no ROBERT G. FOWERS SCOTT RANKIN TODD R. FOWLER votes on Monday. The first votes of the JENNIFER V. SABOL BRITNEY G. FRAZIER ROBERT J. SELDERS, JR. week will be on Tuesday, June 14. At TRAVIS C. FRAZIER GARY STONE BRETT A. FREEDMAN noon there will be two rollcall votes in KELLEY TOMSETT RANDALL FREEMAN MARK A. VANCE relation to the Cecchi and Salas nomi- CASEY J. GEANEY nations. BRANDON J. GOFF THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT SCOTT R. GOLARZ TO THE GRADE INDICATED IN THE UNITED STATES ARMY Additionally, at 2:15 p.m. on Tuesday, JAMES W. GRAHAM NURSE CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 AND there will be a rollcall vote on the clo- WILLIAM J. GRIEF 3064: MATTHEW E. GRIFFITH To be lieutenant colonel ture motion Senator COBURN filed. MICHAEL T. HAMILTON BRIAN A. HEMANN TIMOTHY S. ADAMS f CHAD S. HENDRICKSON DENISE M. BEAUMONT JEFFERY S. HENNING JAMES D. BURK ADJOURNMENT UNTIL MONDAY, KIMBERLY W. HICKEY EUGENE J. CHRISTEN III JUNE 13, 2011, AT 2 P.M. KEVIN HORDE GILBERT A. CLAPPER MATTHEW T. HUEMAN MARY L. CONDELUCI Mr. REID. If there is no further busi- RICHARD W. HUSSEY BETHANY L. CONNOR DEREK F. IPSEN JENNIFER L. COYNER ness to come before the Senate, I ask CHRISTOPHER G. IVANY SHERYL L. DACY unanimous consent the Senate stand DAVID E. JOHNSON ROBERT S. DAVIS JEREMY D. JOHNSON LAURIE D. DESANTIS adjourned under the previous order. PATRICIA A. KEEFE CHRISTOPHER B. DOMER There being no objection, the Senate, JASON D. KENDELHARDT COREY L. EICHELBERGER JULIE T. KERR AARON R. ELLIOTT at 7:37 p.m., adjourned until Monday, BRIAN A. KRAKOVER MICHELLE J. EVANOV June 13, 2011, at 2 p.m. PAUL O. KWON DAVID S. FARLEY JOHN P. LAY, JR. DAVID C. FAZEKAS WALTER S. LEITCH MONNICA D. FELIX f GEORGE T. LEONARD JESUS FLORES STEPHANIE L. LEONG JENNIFER M. FLOREZ NOMINATIONS BILLY W. MAHANEY JULIE J. FREEMAN CHAD T. MARLEY KATHERINE E. FROST Executive nominations received by JASON D. MARQUART JANA N. GAINOK the Senate: LAURA N. MARQUART GERALD M. GATES ERICK MARTELL JANET A. GLENN DEPARTMENT OF STATE SCOTT F. MCCLELLAN STEVEN L. GRAHAM DAVID E. MENDOZA TERESA L. GUILES ARNOLD A. CHACON, OF VIRGINIA, A CAREER MEMBER CHRISTOPHER D. MEYERING PASCALE L. GUIRAND OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- WENDY E. MIKLOS ANTHONY J. HARKIN COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND SHANE J. MILLS MATTIE D. HARPER PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA JAMES E. MOON PATRICK C. HARTLEY TO THE REPUBLIC OF GUATEMALA. PHILIP S. MULLENIX SHELLEY A. HASKINS EARL ANTHONY WAYNE, OF MARYLAND, A CAREER KEVIN M. NAKAMURA LYNETTE J. HEPPNER MEMBER OF THE SENIOR FOREIGN SERVICE, PERSONAL KENNETH J. NELSON ROBERT L. HERROLD RANK OF CAREER AMBASSADOR, TO BE AMBASSADOR LEON J. NESTI WANDA L. HORTON EXTRAORDINARY AND PLENIPOTENTIARY OF THE CUONG D. NGUYEN BRADLEY G. HUTTON UNITED STATES OF AMERICA TO MEXICO. KARIN L. NICHOLSON BARBARA W. KANE NATIONAL FOUNDATION ON THE ARTS AND THE THOMAS E. NOVAK JOSEPH L. KARHAN SCOTT C. ORR ROBERT L. KENT, JR. HUMANITIES MATTHEW W. PANTSARI TYKISE L. LARRY CHRISTOPHER MERRILL, OF IOWA, TO BE A MEMBER OF MICHAEL W. PETERSON MARGUERITE A. LAWRENCE THE NATIONAL COUNCIL ON THE HUMANITIES FOR A DAVID A. PHILIPS CHRISTOPHER G. LINDNER TERM EXPIRING JANUARY 26, 2016, VICE IRIS LOVE, TERM WILLIAM D. PORTER JEFF L. LOGAN EXPIRED. JOSEPH PUSKAR CHERYL D. LOVE CHARLES D. REDGER, JR. EDWIN S. MANIULIT DEPARTMENT OF THE INTERIOR RICHARD D. REED CHERYLL A. MARCHALK ELENA T. REHL TAMMY K. MAYER REBECCA R. WODDER, OF VIRGINIA, TO BE ASSISTANT JULIE M. REMO PADRAIC M. MCVEIGH SECRETARY FOR FISH AND WILDLIFE, VICE THOMAS L. MICHAEL ROUNTREE VINCENT R. MILLER STRICKLAND, RESIGNED. HARLAN I. RUMJAHN KATE E. MITCHELL IN THE ARMY DAVID L. SAUNDERS CHERYL R. MONTGOMERY BRADFORD J. SCANLAN ANGELO D. MOORE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JASON M. SEERY RICHARD T. MORTON, JR. TO THE GRADE INDICATED IN THE UNITED STATES ARMY TONY SERRANOPADIN JASON A. NELSON

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JANA L. NOHRENBERG FRANCISCO A. ROMERO III CASEY C. BRONAUGH JANET L. NORMAN JACKSON W. SAMMONS ROBERT J. BROOKS GRACE N. NORTHRUP ANDREW L. SCOTT MARK A. BROWN JOSE M. NUNEZ JASON R. SEPANIC ROBERT T. BRYANS OMER OZGUC STEPHEN W. SMITH KURT A. BUCKENDORF KEITH C. PALM SUSANNA J. STEGGLES MARK L. BUNN UN Y. RAINEY MELBA STETZ TIMOTHY J. BURKE VINA A. RAJSKI DOUGLAS L. STRATTON MARK C. BURNS BARBARA A. REILLY JEFFREY L. THOMAS STEPHEN J. BURY FELECIA M. RIVERS EVANS D. TRAMMEL, JR. EDWARD K. BYERS RICCI R. ROBISON CLIFTON B. TROUT ADRIAN T. CALDER ERICSON B. ROSCA ERIC T. WALLIS SCOTT I. CAMPBELL EDITHA D. RUIZ MICHAEL J. WALTER JASON G. CANFIELD EDWARD RUIZ, JR. CHARLENE L. WARRENDAVIS BRYAN K. CARMICHAEL CYNTHIA D. SANCHEZ KENNEY H. WELLS EDWARD M. CHANDLER JENNIFER M. SCHMALTZ VERNON W. WHEELER DAVID Y. CHO JAY C. SCHUSTER DUVEL W. WHITE ANDREW J. CLARK IV TOMAS SERNA FREDERICK D. WHITE CHRISTOPHER M. COATS JAMIE S. SIMON TRACY M. WILSON DANIEL COBIAN RUTH M. SLAMEN CHARLES D. ZIMMERMAN, JR. JOSHUA C. J. COHEN TARA O. SPEARS ELAINE A. COLLINS JOHN C. STICH JAMES N. COLSTON BRIAN R. THOMAS MICHAEL CONCANNON MERYIA D. THROOP SHANNON M. CORKILL DENNIS R. TURNER THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES ARMY JOHN D. CRADDOCK ADAM W. VANEK KENNETH T. CREAMEANS JOHN W. VINING MEDICAL SPECIALIST CORPS UNDER TITLE 10, U.S.C., JOHN L. CROGHAN ELIZABETH P. VINSON SECTIONS 624 AND 3064: MICHEAL P. CUMMINS KRISTEN L. VONDRUSKA To be lieutenant colonel KENNETH M. CURTIN MIKO Y. WATKINS MICHAEL J. DAIGLE, JR. CHRISTOPHER P. WEIDLICH ASMA S. BUKHARI LUKE W. DANZO BRIAN K. WEISGRAM DONALD L. GOSS WAYNE E. DAVEY RHONDA G. WHITFIELD LEONARD Q. GRUPPO, JR. PORNCHAI DAVIDSON MARY P. WHITNEY ROBERT D. HAYS SAMUEL J. DAVIS JENNIFER L. WILEY PAUL V. JACOBSON THERON C. DAVIS ANGELA R. WILLIAMS MICHAEL R. JOHNSON WILLIAM M. DAVIS FAYE H. WILSON BRIAN W. JOVAG DAVID S. DEES HEATHER L. ZUNIGA MICHELE R. KENNEDY HANS D. DEFOR CHAD A. KOENIG THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DUSTIN A. DEMOREST KOHJI K. KURE TO THE GRADE INDICATED IN THE UNITED STATES ARMY JASON M. DENNEY ELIZABETH L. NORTH MEDICAL SERVICE CORPS UNDER TITLE 10, U.S.C., SEC- LANCE B. DETTMANN JESSE K. ORTEL TIONS 624 AND 3064: GREGORY P. DEWINDT ROMAN B. REYES ALAN M. DJOCK To be lieutenant colonel MICHAEL A. ROBERTSON MATTHEW F. DONAHUE PAMELA A. ROOF GINA E. ADAM ERIC C. DOYLE PATRICK A. SHERMAN KAYS ALALI HALLE D. DUNN DWIGHT A. ARMBRUST MICHAEL D. EBERLEIN HUGH H. BAILEY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT LUIS R. ELIZA BRADLEY M. BEAUVAIS TO THE GRADE INDICATED IN THE UNITED STATES ARMY BRENT J. EMBRY JEFFREY H. BLUNDEN VETERINARY CORPS UNDER TITLE 10, U.S.C., SECTIONS THOMAS A. ESPARZA DAVID M. BOWEN 624 AND 3064: JOSEPH P. ESPIRITU BRANDON M. BOWLINE To be lieutenant colonel ERIK C. ESTENSON DEVVON L. BRADLEY BILLY K. FAGAN GREGORY W. BREWER STEVEN A. BATY JAMES B. FILLIUS EDWARD L. BRYAN, JR. JENNIFER J. BECK ANDREW P. FITZPATRICK DAVID S. BRYANT CARRIE G. BENTON DEREK R. FIX GABRIELLE N. BRYEN BORIS BRGLEZ KELLY T. FLETCHER CRAIG W. BUKOWSKI AMMON W. BROWN JEREMY A. FOGT MARC BUSTAMANTE CLAYTON D. CHILCOAT MICHAEL K. FORD DAVID E. CABRERA KARI J. CHILDS MATTHEW W. FOSTER DAVINA N. CARRINGTON WILLIAM E. CULP PATRICK M. FOSTER YVONNE CEPERO CHRISTINE A. EGE MICHAEL D. FRANCE JAMES D. CLAY JENNIFER M. KISHIMORI ROBERT C. FRANCIS, JR. JURANDIR J. DALLELUCCA THOMAS KOHLER KENNETH R. FRANKLIN AVERY E. DAVIS KRINON D. MOCCIA BRIAN G. FRECK RUSSELL A. DEVRIES KEVIN W. NEMELKA DAVID B. FREEMAN JACOB J. DLUGOSZ MARY A. PARHAM STANLEY G. FREEMYERS JOHN R. DOELLER SANDI K. PARRIOTT STEPHEN M. FROEHLICH MICHAEL J. DOLAN CYLE R. RICHARD CHARLES L. GALLOWAY, JR. RANDY D. DORSEY LARRY J. SHELTON, JR. ROLANDO GARCES JOSEPH P. EDGER CHAD A. WEDDELL JASON D. GARDNER JONATHAN A. EDWARDS BRETT A. GARVIE SAMUEL S. ELLIS IN THE NAVY TRACEY J. GENDREAU MARVIN A. EMERSON THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TADD H. GORMAN ROBERT A. ERICKSON TO THE GRADE INDICATED IN THE UNITED STATES NAVY BRET M. GRABBE TAMMY L. FISH UNDER TITLE 10, U.S.C., SECTION 624: DOUGLAS GRABER DARREN K. FONG DAVID L. GRAY JONATHAN L. GOODE To be commander WILLARD T. GREEN JOHN B. GOODRICH ALEX R. GREIG JEANETTE D. GROENEVELD RICHARD E. GREMILLION CHRISTIAAN W. GROENEVELD JOHN T. SCHOFIELD TARA L. HALL BRIAN C. GUGLIOTTA BRIAN A. HAUG THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT BLAIR H. GUY II CLAUDIA L. HENEMYREHARRIS TO THE GRADE INDICATED IN THE UNITED STATES NAVY ROBERT L. HALFHILL SAMANTHA S. HINCHMAN UNDER TITLE 10, U.S.C., SECTION 624: MARK R. HARRIS GREGORY A. HUTCHESON To be commander JEFFREY L. HEAMES MICHAEL F. INGRAM KEVIN L. HEISS MARION A. JEFFERSON DAVID A. ABERNATHY MARK R. HENDRICKSON CRAIG M. JENKINS COY M. ADAMS, JR. ROSEMARY HENSON KENNETH D. JONES II TIMOTHY E. ALLEN JAIME A. HERNANDEZ MARIA Y. JONES GREGORY G. ALLGAIER JEFFREY W. HILL SHELLEY C. JORGENSEN PAUL M. ALLGEIER MARTIN J. HILL III PHILIP C. KNIGHTSHEEN JOHN D. ALLISON ROBERT M. HILL MATTHEW D. KONOPA JOSEPH A. AMARAL KELLY A. HINDERER LEE J. LEFKOWITZ KENNETH D. ANDERSON BRIAN R. HODGES MONIQUE G. MCCOY MATTHEW J. ARNOLD MICHAEL P. HOLLENBACH MICHAEL S. MCFADDEN PAUL R. AUSTIN KELLY J. HOLMES DARREN D. MCWHIRT CHRISTOPHER M. BAHNER ROBERT L. HOLMES VICTOR MELENDEZ, JR. PATRICK R. BALDAUFF KITJA HORPAYAK ERIC G. MIDBOE DANIEL J. BALSINGER WILLIAM S. HORTON DENNIS H. MOON MATTHEW R. BARR CHAD R. HOULLIS DANIEL J. MOORE BRIAN J. BARTLETT ADAM R. HUDSON III DAVID J. MULLER JUSTIN C. BEELER MATTHEW G. HUMPHREY SCOTT J. NEWBERG ROBERT T. BIBEAU ROBERT M. HUNTINGTON CHARLES H. ONEAL JOHN F. BISCHOF ERIC P. ILLSTON SEAN S. ONEIL ROBERT D. BLONDIN MICHAEL E. ILTERIS DAVID E. PARKER CHRISTOPHER G. BOHNER PATRICK J. INGMAN JOHN S. PEARSON, JR. DRUMMOND R. BOORD JOHN J. ISAACSON DAVID J. PHILLIPS GEOFFREY P. BOWMAN CHRISTOPHER C. JASON CHRISTOPHER D. PITCHER JONATHAN J. BRADFORD MATTHEW P. JEFFERY THOMAS W. PORTER MICHAEL D. BRASSEUR ALLEN P. JOHNSON SUEANN O. RAMSEY NEAL BRINN DALE F. JOHNSON MARTIN B. ROBINETTE DAVID S. BRINSON JOHN D. JOHNSON

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MICHAEL D. JOHNSON JOSHUA P. TAYLOR SCOTT G. CARTER STEPHEN O. JOHNSON MATTHEW C. THOMAS GRADY G. DUFFEY, JR. JAMES P. JOHNSTON RODNEY A. THOMAS BRETT D. INGLE JEFFREY JUERGENS STEVEN W. THOMAS STEVEN W. LEEHE DOUGLAS E. KENNEDY JOSEPH P. THOMPSON III JOSE F. MONTES BARRY F. KERTANIS MICHAEL B. THOMPSON BOBBY B. SAVANH JEFFREY D. KETCHAM BLAKE J. TORNGA RODNEY L. SIMON JOSHUA C. KINNEAR DANIEL W. TURBEVILLE DAVID A. VONDRAK IVAN J. VILLESCAS CHRISTOPHER E. KIRBY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JONATHAN G. VOORHEIS ODIN J. KLUG TO THE GRADE INDICATED IN THE UNITED STATES NAVY TIMOTHY L. WAITS JOHN J. KOBLE UNDER TITLE 10, U.S.C., SECTION 624: THOMAS G. KORSMO SAMUEL S. WHITE LUKE R. KREMER TROY E. WILCOX To be commander JOSEPH P. KRIEGER ERNEST M. WINSTON JOHN A. KRISCIUNAS DORSEY G. WISOTZKI GREGORY A. FRANCIOCH MARTY D. KUHL THADDEUS S. WITHERS AARON C. HOFF JEFFREY E. LAMPHEAR RONALD L. WITHROW JENNIFER B. JONES KEITH A. LANZER MICHAEL R. WOHNHAAS JAY A. MIHAL WILLIAM J. LARGE BRYAN M. WORSWICK GARRICK J. MILLER DAVID F. LASPISA JAESEN V. YERGER JENNIFER R. MILLS BRENDAN J. LEARY PHILIP D. ZARUM RAYMOND P. OWENS III HAROLD D. LEDBETTER TODD C. ZENNER PASIT SOMBOONPAKRON PETER R. LEO THOMAS J. ZERR RONALD G. TERRELL DANIEL J. LEONARD JESSE J. ZIMBAUER MATTHEW C. TRITLE JADE L. LEPKE JAMES G. ZOULIAS JOHN M. TULLY WILLIAM J. YODER FREDERICK R. LICKFOLD THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT RICHARD J. LINHART III TO THE GRADE INDICATED IN THE UNITED STATES NAVY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT PRICE J. LOCKARD UNDER TITLE 10, U.S.C., SECTION 624: TO THE GRADE INDICATED IN THE UNITED STATES NAVY TOMMY F. LOCKE, JR. UNDER TITLE 10, U.S.C., SECTION 624: To be commander ERIK B. LOHRKE To be commander ANDREW P. LOTH KERTRECK V. BROOKS STEPHEN T. LUMPKIN HOWARD M. BRYANT MICHAEL CORNELIUS KEVIN W. MACY MATTHEW C. BYRNE JEFFREY S. DIXON RYAN C. MAPESO ANDREA H. CAMERON JOEL W. FELDMEIER MARISA L. MCCLURE GUY R. DELAHOUSSAYE, JR. SHAWN G. GALLAHER MATTHEW E. MCGUIRE LEON A. HIGGINS DAVID R. KUEHN JUDSON E. MCLEVEY WILLIAM B. HINSON KELLY E. TAYLOR CHAD J. MIRT SUZANNE M. JOHNSON DOUGLAS T. WAHL JOHN C. MOE LEE A. LEVELLS THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT KEVIN O. MOLLER JAMES F. LEVINESS, JR. TO THE GRADE INDICATED IN THE UNITED STATES NAVY STEPHEN E. MONGOLD KIMBERLY M. MILLER UNDER TITLE 10, U.S.C., SECTION 624: GARY G. MONTALVO, JR. HALLOCK N. MOHLER JEFFREY MONTGOMERY PAUL S. RUBEN To be commander MICHAEL D. MOORE BRETT A. STGEORGE TIMOTHY B. MOORE JAMES W. ADKISSON III ROBERT T. STOCKTON, JR. MATTHEW P. BARTEL JEFFREY V. MORGANTHALER ROBERT F. VADNAIS SAMUEL R. MOSER BENJAMIN G. BLAZADO KYLE J. VERNON MICHAEL J. BRONS ANDREW N. MOULIS MICHAEL G. WHEELER TIMOTHY D. MULLER CHRISTOPHER G. BRYANT MELVYN N. NAIDAS THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ANN E. CASEY TODD J. NETHERCOTT TO THE GRADE INDICATED IN THE UNITED STATES NAVY LEONARD W. CAVER MARK S. NIESWIADOMY UNDER TITLE 10, U.S.C., SECTION 624: ROBERT S. DAMSKY MICHAEL A. NORTON To be commander GREGG C. DEWAELE EDWARD J. OGRADY III THEODORE R. JOHNSON STEPHEN R. OKRESIK JOHN A. ANDERSON MARC W. RATKUS JOSEPH S. OPP KEITH A. BARAVIK KEVIN S. ROBERTS DANIEL P. PAPP CATHERINE W. BOEHME NORMAN B. WOODCOCK DOUGLAS A. PATTERSON GEORGE R. CARAMICO SHERRI R. ZIMMERMAN MATTHEW J. PERCY GREGORY A. CRAWFORD THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DOUGLAS M. PETERSON KEITH P. DOUGLAS, JR. TO THE GRADE INDICATED IN THE UNITED STATES NAVY JAMES M. PICKENS ROBERT C. ECHOLS UNDER TITLE 10, U.S.C., SECTION 624: GLENN D. PIERCE JASON S. HALL JESSIE A. PORTER GINALYN B. HARRELL To be commander MANUEL A. HERNANDEZ GLENN D. POWELL MARC C. FRYMAN SIDNEY W. HODGSON III JOHN M. QUILLINAN KAMBRA R. JUVE ANDREW R. HUNT MARK A. QUINN JONATHAN C. KALTWASSER PETER K. KENDALL ERIC W. RASCH KRISTIAN P. KEARTON CARA G. LAPOINTE DAVID M. RAY MATTHEW J. LABERT FREDERICK L. LENTZ II WILLIAM R. REILEIN JAMES A. LECOUNTE JEFFREY S. LOCK BRIAN E. REINHART RICHARD L. MENARD THOMAS J. MACK JASON S. RELLER ERIK G. PITTMAN THOMAS D. MCKAY TED C. RICCIARDELLA ROB W. STEVENSON CEDRIC J. MCNEAL KENNETH W. RICE JAMES J. WATSON BRIAN A. RILEY PHILIP R. MLYNARSKI ROBERT M. RINAS JAMES P. MOSMAN THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TONY M. RODGERS TERRENCE M. NAWARA TO THE GRADE INDICATED IN THE UNITED STATES NAVY PHILLIP A. ROGERSON SEAN P. NILES UNDER TITLE 10, U.S.C., SECTION 624: CHRISTOPHER F. ROHRBACH RAMIRO E. ORELLANO To be commander DAVID J. RUETER STEVEN G. PLONKA MATTHEW F. RUTHERFORD CHARLES A. SCHLISE CHRISTOPHER R. ANDERSON PETER G. RYBSKI, JR. MICHAEL W. SMITH MICHAEL S. BERRY ZACHARY SALAS CONSTANCE R. SPOTTS KENNETH W. BURKE, JR. MICHAEL A. SALKA MICHAEL P. TOUSE JAY P. DEWAN JOSEPH M. SANCHEZ NICOLE M. TREEMAN JEANPAUL E. DUBE RUSSEL B. SANCHEZ MARTIN C. WALLACE STEVEN P. DUFFY TORSTEN SCHMIDT STEVEN P. WERNER JASON K. EDGINGTON LEON B. SCORATOW ERIC L. WILLIAMS JASON C. ENGLISH DEREK R. SCRAPCHANSKY JAY A. YOUNG JAMIE A. FRASERLORIA WILLIAM D. SELK BENJAMIN D. ZITTERE CARRIE L. GRAY CHRISTOPHER C. SEROW THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT CHRISTOPHER W. HALL ERIC A. SHAFER TO THE GRADE INDICATED IN THE UNITED STATES NAVY SUSAN HLAD JASON J. SHERMAN UNDER TITLE 10, U.S.C., SECTION 624: ALAIN M. ILIRIA BRIAN C. SINCLAIR JEFFERY M. KARGOL ROBERT G. SINRAM To be commander KENNETH T. KLIMA, JR. GREGORY A. SMITH PETER M. KOPROWSKI RYAN G. BATCHELOR MATTHEW M. SNIFFIN DAWN A. KUPSKI NICHOLAS S. GREEN ROBERT W. SPEIGHT WILLIAM E. KUPSKI WILLIAM E. HARGREAVES ROLF B. SPELKER CHARLES D. LAZAR, JR. BRIAN W. HAWKINS DAVID L. STEBBINS KIRK A. LEE TYLER Y. NEKOMOTO TIMOTHY M. STEELE ROBERT T. LEIBOLD II JASON W. PRATT THOMAS A. STEPHEN STEPHEN F. MANN ERIC A. SCHUCHARD JOEL G. STEWART MCADAM K. H. MOGHADDAM PETER J. SHEEHY STANLEY K. STEWART, JR. ANDREW F. MOORE SHAUN A. SWARTZ CHRISTOPHER R. STILLION GREGORY L. MORRIS CHRISTOPHER M. SYLVESTER DANIEL G. STRAUB THOMAS A. MOSKO JASON R. STUMPF THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT STEPHEN E. MOTTER JEFFREY D. STURM TO THE GRADE INDICATED IN THE UNITED STATES NAVY SHAWN P. MOYER CHRISTOPHER M. SULLIVAN UNDER TITLE 10, U.S.C., SECTION 624: THOMAS A. MURPHY, JR. COLLIN C. SULLIVAN To be commander JAMES M. PENDERGAST PAUL P. SUMAGAYSAY THOMAS A. PETERSEN RENEE C. TANAKA JAMES M. BELMONT MARCUS R. POLSON SCOTT T. TASIN BRET E. BISHOP JOHN Q. QUARTEY II

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ALLISON E. RITSCHER EARL K. COWAN, JR. ANTHONY C. TARANTO, JR. CRAIG J. SCHLOTTKE WESLEY D. CUNNINGHAM DAVID L. TARWATER RALPH B. SHIELD KEVIN V. DOWD JAMES E. THOMAS DAVID K. SIDEWAND DAVID DWYER MICHAEL G. TOPPING PATRICK J. VEGELER KEVIN R. FORBES CRAIG L. TRENT ANDRE R. WILSON MICHAEL B. GARBER TERRY L. WALTON PAUL H. WILT JEFFREY D. GRISHAM AARON T. WASHINGTON, JR. GARY WINTON CHRISTOPHER D. HADEN SCOTT J. WOLFE DAVID P. WOLYNSKI BART D. HALL RONALD D. YARBER THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT STEVEN HERNANDEZ MICHAEL A. ZURICH TO THE GRADE INDICATED IN THE UNITED STATES NAVY HARRY L. JUNEAU UNDER TITLE 10, U.S.C., SECTION 624: ROBERT D. KOKRDA f To be commander STEVEN D. MAXWELL LAREAVA S. MESCHINO WITHDRAWAL AMY R. ALCORN CHRISTOPHER T. NICHOLS MICHAEL W. ALTISER MORRIS OXENDINE Executive message transmitted by MATTHEW E. ARNOLD DREMA D. PARSONS ROBERT B. BAILEY TODD S. PERRY the President to the Senate on June 9, RONALD C. BAKER JOHN W. POPHAM 2011 withdrawing from further Senate JAMES S. BARNES WARREN L. RABERN BARRY W. BARROWS L J. REGELBRUGGE III consideration the following nomina- RICKY A. BEATTY ROCKY A. RILEY tion: KEITH L. BECK EUGENE R. ROBERTS WILLIAM R. BELL JEFFRY A. SANDIN PETER A. DIAMOND, OF MASSACHUSETTS, TO BE A MARK F. BIBEAU MACK F. SCHMIDT MEMBER OF THE BOARD OF GOVERNORS OF THE FED- ALLISON L. BLACK ANDREA L. SCHREIBER ERAL RESERVE SYSTEM FOR THE UNEXPIRED TERM OF RANDY G. BOLLMAN DONALD A. SIGLEY FOURTEEN YEARS FROM FEBRUARY 1, 2000, VICE FRED- EDWARD L. CALLAHAN LARRY R. SPRADLIN ERIC S. MISHKIN, WHICH WAS SENT TO THE SENATE ON CARRICK B. CHENEY GARNAR A. SUTTON JANUARY 5, 2011.

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CELEBRATING 50TH ANNIVERSARY Baptist Church was a ‘‘Church on the Move’’ CONGRATULATING TINE VALEN- OF LAS VEGAS VICTORY MIS- and acquired the entire block where it is now CIC, WINNER OF THE 2011 NA- SIONARY BAPTIST CHURCH located. These acquisitions were historic, as TIONAL GEOGRAPHIC BEE this was the first church on the west side of HON. SHELLEY BERKLEY Las Vegas. HON. KENNY MARCHANT OF NEVADA In 2003, Victory Missionary Baptist Church OF TEXAS IN THE HOUSE OF REPRESENTATIVES looked outward and focused on improving the IN THE HOUSE OF REPRESENTATIVES Thursday, June 9, 2011 community with programs designed to provide Thursday, June 9, 2011 Ms. BERKLEY. Mr. Speaker, I rise today to stimulation for the physical and recreational Mr. MARCHANT. Mr. Speaker, it is with recognize and celebrate the 50th Anniversary needs of the members. The health education of Victory Missionary Baptist Church in Las great pride and pleasure that I rise today to ministry provided free health screenings and recognize and congratulate Tine Valencic for Vegas, Nevada. health education programs to the community On June 11, 1961, Rev. Abner J. Thomp- winning the 2011 National Geographic Bee. at no cost, directly benefiting over 600 people. son, along with his wife, Mother Christine Tine’s remarkable achievement is a testament Thompson, founded the Victory Missionary In 2005, the church renewed its focus on to his discipline, perseverance, and extraor- Baptist Church under his pastorate. The Christian improvement, with Pastor Fowler in- dinary knowledge of the world’s geography. I Church was originally organized at the Zion structing various ministries on how to better am proud to represent Tine, who attends 7th United Methodist Church dining hall. Shortly evangelize and become leaders in the church. Grade at Colleyville Middle School and found- after, a permanent place of worship was es- In 2006 and 2007, the church went through a ed the Geography Club at the school. tablished on the west side of Las Vegas. paradigm shift, with the ministries growing and This year, 5 million students, ranging from fourth to eighth grade, studied and perfected Under Reverend Thompson’s leadership, adding new meaning and new challenges for their geographic skills as they competed in na- several area families cultivated this newly the congregation. formed church. From the earliest beginnings, tionwide geographic bees. Students like Tine the church and its choir became well known In 2009, the church expanded its focus on spent many months preparing by studying throughout Las Vegas and in other parts of vision and voice. The goal for the year was to landscapes, and physical features around the the country. As the church continued to grow, challenge the congregation on a personal and globe. the congregation outgrew the original location. spiritual level. While the national and local As the 13th place finisher in the 2010 Na- Between 1981 and 1984, the pastor and fami- economies remained unsteady, this focus en- tional Geographic Bee, Tine prepared for this lies made plans to construct a new sanctuary sured the congregation that their positive rela- year’s competition by studying 24-page that would include an education building, kitch- tionship with God would remain unwavering. spreadsheets filled with facts and information en, dining area and Sunday school. about geographic areas and cultures. Com- As the Representative for Nevada’s First After 35 years of ministering, Reverend peting against 53 semi-finalists, Tine flawlessly Thompson retired in February 1996. That fol- Congressional District, I proudly recognize Vic- answered 119 questions, including five final lowing November, Dr. Robert E. Fowler, Sr., tory Missionary Baptist Church for 50 years of tiebreakers. Tine was awarded a scholarship from Lawton, Oklahoma was installed as pas- dedicated service to the community of Las for his hard work. tor. In 1998, Pastor Fowler outlined a plan for Vegas. Victory Missionary Baptist Church con- Mr. Speaker, I am honored to congratulate Victory Missionary Baptist Church that in- tinues to be a beacon of light for its members Tine on this significant accomplishment. I ask cluded a clear vision for the church. Within a and the community as a whole. I ask my col- all of my distinguished colleagues to join me year, membership grew more than 200 per- leagues to join me in celebrating Victory Mis- in commending Tine Valencic, winner of the cent from previous years. Victory Missionary sionary Baptist Church’s 50th Anniversary. 2011 National Geographic Bee.

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

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