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

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

Vol. 156 WASHINGTON, WEDNESDAY, JULY 28, 2010 No. 112 House of Representatives The House met at 10 a.m. and was THE JOURNAL Ms. PINGREE of Maine. Mr. Speaker, called to order by the Speaker pro tem- The SPEAKER pro tempore. The today I want to commend Chairmen pore (Mr. PASTOR of Arizona). Chair has examined the Journal of the WAXMAN and RUSH for introducing H.R. 5820, the Toxic Chemical Safety Act, a f last day’s proceedings and announces to the House his approval thereof. bill that will for the first time require DESIGNATION OF THE SPEAKER Pursuant to clause 1, rule I, the Jour- the chemical industry to prove that PRO TEMPORE nal stands approved. the chemicals in our products are safe. In America, we have too long failed f The SPEAKER pro tempore laid be- to regulate chemicals and consumer fore the House the following commu- PLEDGE OF ALLEGIANCE products—even those that we know nication from the Speaker: The SPEAKER pro tempore. Will the have links to cancer, learning disabil- WASHINGTON, DC, gentlewoman from Maine (Ms. PIN- ities, reproductive disorders, and other July 28, 2010. GREE) come forward and lead the House serious health problems. I hereby appoint the Honorable ED PASTOR Under the old Toxic Substance Con- to act as Speaker pro tempore on this day. in the Pledge of Allegiance. NANCY PELOSI, Ms. PINGREE of Maine led the trol Act, 62,000 chemicals were grand- Speaker of the House of Representatives. Pledge of Allegiance as follows: fathered in. Only six chemicals have I pledge allegiance to the Flag of the been banned since its passage. Not even f United States of America, and to the Repub- asbestos—a widely known carcinogen— could be taken off the market. PRAYER lic for which it stands, one nation under God, indivisible, with liberty and justice for all. Maine has always been the leader in Pastor Shawn Black, Calvary Chapel, f toxic chemical regulation, passing new Costa Mesa, California, offered the fol- laws phasing out mercury, lead, and MESSAGE FROM THE SENATE lowing prayer: flame-retardant chemicals in everyday Dear Lord God in heaven, we thank A message from the Senate by Ms. products. In 2008, our legislature passed You for Your faithfulness, Your hand Curtis, one of its clerks, announced the groundbreaking Kid-Safe Products in creating this great Nation. We ac- that the Senate has passed without Act that establishes a new statewide knowledge that all wisdom, guidance, amendment bills of the House of the system to identify and phase out the and governance truly comes from You. following titles: most toxic chemicals that endanger Lord, we acknowledge that You tear H.R. 4380. An act to amend the Harmonized our children. down and You alone build up. Thank Tariff Schedule of the United States to mod- It is time for the Nation to follow You for Your hand in the affairs and ify temporarily certain rates of duty, and for Maine’s lead. It has never been more the hearts of those who govern, for You other purposes. important for Congress to pass the steer the hearts of kings and of na- H.R. 5849. An act to provide for an addi- strongest and most effective toxic tions. For to You alone belong mercy, tional temporary extension of programs under the Small Business Act and the Small chemical bill possible. forgiveness, and grace. Help us to re- Business Investment Act of 1958, and for f store what is neglected, submitting other purposes. with solitude and remaining resolute EXTEND TAX CUTS FOR THE f with this reflection in our lives. MIDDLE CLASS May You forgive us our trespasses ANNOUNCEMENT BY THE SPEAKER (Mr. WILSON of South Carolina and renew in us a steadfast spirit, im- PRO TEMPORE asked and was given permission to ad- movable, dependent upon Your truth The SPEAKER pro tempore. The dress the House for 1 minute and to re- and grace. Chair will entertain up to 15 requests vise and extend his remarks.) May You today encourage, rebuild for 1-minute speeches on each side of Mr. WILSON of South Carolina. Mr. our lives, our Nation, with the stead- the aisle. Speaker, it’s time to give hardworking fast dedication in accomplishing Your f Americans incentives to invest in order will, devoted to none other than in God to create jobs and grow the economy. we trust. TOXIC CHEMICALS SAFETY ACT We must also protect middle class United in will, submitted in spirit, (Ms. PINGREE of Maine asked and Americans from significant tax hikes we thank You, and we praise Your holy was given permission to address the that are headed their way. Contrary to name. And in Jesus’ name we pray. House for 1 minute and to revise and liberal claims, these are not tax hikes Amen. extend her remarks.) only on the wealthy.

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

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VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6166 CONGRESSIONAL RECORD — HOUSE July 28, 2010 The picture isn’t pretty if these tax But the offshore jobs and money are health care diminished and their access hikes go into effect. If you’re a family moving to Indonesia, Egypt, Brazil, limited. Emergency rooms will be of four and your income is $50,000 a and Venezuela. busier than ever, and it will be increas- year, you could pay $2,100 in additional The moratorium on drilling in the ingly difficult for Medicare and Med- taxes; if you’re married as a senior cit- Gulf of Mexico threatens America’s icaid patients to be seen. izen earning $40,000 a year, you could jobs and economy. It is a national secu- The unfunded medical mandates pay $1,400 in higher taxes; a single rity issue, and it gives a brutal buffoon forced onto the weakened financial sys- mom making $36,000 a year could end dictator like Hugo Chavez dangerous tems of the States are designed to col- up paying $1,100 in new taxes. influence. lapse and fail. The administration had Hardworking middle class Americans End the illogical, ill-advised, ill-con- no intention of keeping any of the across the country cannot afford an at- ceived offshore drilling moratorium. promises it made. Their only concern tack on creating jobs. The Federal It’s about time. was furthering their own agendas, even Government cannot pay off America’s And that’s just the way it is. at the expense of the taxpayer and the debt by higher taxes. American health care system. In conclusion, God bless our troops, f The American people stand ready to and we will never forget September the IN SUPPORT OF A NATIONAL support those of us who seek to repeal 11th in the global war on terrorism. OCEAN POLICY this disastrous health care bill, and I f (Mrs. CAPPS asked and was given stand resolute with my colleagues to do so. EXTENDERS BILL permission to address the House for 1 f (Mr. NEAL asked and was given per- minute and to revise and extend her remission to address the House for 1 marks.) 9/11 HEALTH LEGISLATION minute and to revise and extend his re- Mrs. CAPPS. Mr. Speaker, I rise (Mrs. MALONEY asked and was given marks.) today in support of the President’s ex- permission to address the House for 1 Mr. NEAL. Mr. Speaker, in December ecutive order establishing a com- minute.) and again in May, this House passed prehensive national ocean policy. Now, Mrs. MALONEY. Mr. Speaker, this legislation to extend a popular set of more than ever, we need a coordinated week, yesterday, we approved billions expiring tax provisions providing bil- approach for the management of our for the war in Afghanistan but Con- lions of dollars in relief to millions of ocean and coastal resources. gress has yet to fully address the im- American families. This tax bill passed The tragedy in the gulf is a wake-up pact of the events that caused the war the House and has been stymied in the call. We would have been much better in the first place, the 9/11 terrorist at- other body where only two Republican prepared to deal with this disaster had tacks. On 9/11, thousands of Americans Senators have stood up against their a national ocean policy been in place were murdered and killed in the first party’s filibuster for these tax cuts. before the spill. act of the war on terror on our soil, but The State sales tax deduction has But Mr. Speaker, oil spills are just thousands more on that day lost their provided parity for families living in one threat. Overfishing and ocean health when they ran into burning States without an income tax. acidification are also evidence of the buildings to save the lives of others. Let me tell you who’s suffering: urgent need to ensure wise stewardship Nine long years after the attack, we 600,000 families in Tennessee cannot de- of our coasts, our oceans, and the Great have yet to approve guaranteed help duct $1.3 billion of State sales taxes; 2 Lakes. for the first responders that risked million families in Florida cannot de- In the gulf and around the country, their lives for others. duct $3 billion of State taxes; 2.2 mil- our communities are intimately linked The House will soon vote on the 9/11 lion families in Texas cannot deduct $4 to healthy coastal oceanic ecosystems. Health and Compensation Act, a bill billion in State sales taxes. Nation- A national ocean policy will make our that provides health care and com- wide, more than 12 million families oceans healthier and our coastal econ- pensation to the thousands of Ameri- cannot deduct $19.5 billion in State omy stronger. It will strengthen ocean cans that came from almost every con- sales taxes. governance and coordination. It will gressional district around this country This deduction will spur purchases bring a science-based approach to to help others. The bill is fully paid for for cars, boats, and school supplies. But ocean conservation. and meets our moral responsibility to time is slipping away. We need to tell Mr. Speaker, I applaud the President help those who came to the aid of our the other side to move these Senators for taking this historic step. This vi- Nation in one of America’s darkest on the tax extenders bill because it sion of healthy, resilient oceans will hours. means jobs. ensure that future generations can I urge my colleagues from across the f share in the wonders of our cherished country to support this patriotic bill. DICTATOR CHAVEZ AND U.S. OIL seas. f (Mr. POE of Texas asked and was f ADA ANNIVERSARY given permission to address the House b 1010 (Mr. REICHERT asked and was given for 1 minute.) permission to address the House for 1 HEALTH CARE REFORM Mr. POE of Texas. Mr. Speaker, Ven- minute.) ezuela’s dictator Hugo Chavez is (Mr. GRIFFITH asked and was given Mr. REICHERT. Mr. Speaker, Mon- threatening to cut off oil supplies to permission to address the House for 1 day we recognized the 20th anniversary the United States. Chavez doesn’t like minute.) of the Americans with Disabilities Act. the fact America is friendly with Co- Mr. GRIFFITH. Mr. Speaker, I rise It’s important to recognize the work lombia. Since America is the biggest today to revisit the subject of health this country has done to ensure equal- buyer of Venezuelan oil, Dictator Cha- care reform. The bill was passed behind ity for people with disabilities, to vez thinks he has a say in American closed doors using bribery, deceit, and make sure they experience a good qual- foreign policy. arm twisting. It is not popular with the ity of life; that their rights are pro- American dependence on foreign oil American people, and the majority of tected; that they have access, re- poses a national security risk. It them want it repealed. sources, and tools to live fulfilled, pro- makes no sense at all. And why are we The promises made to the American ductive lives. paying dictators and tyrants to supply people were false. You will not be able I am thankful for the leaders who us with energy? We have all of the en- to keep your doctor. You will not be fought for this law 20 years ago because ergy we need right here at home, but able to keep your insurance. There will it benefits people I love, family, we don’t produce it. American-made be rationing of health care, even to the friends, and coworkers. But Mr. Speak- energy provides jobs for Americans— seniors. er, this Congress failed our disabled good-paying jobs, the kind of jobs that The acute physician shortage means community miserably this year when buy houses and cars and put kids the poor, near poor, and middle class it passed the health care overhaul, and through college. Americans will find the quality of their it did so at a steep cost.

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 28, 2010 CONGRESSIONAL RECORD — HOUSE H6167 Somehow this Congress thought, let’s Tan, preventing her burial at the ceme- lars. The last 9 months we accumulated tax medical devices, tools that people tery and brutally beating 59 of the a trillion dollars. Last year was a tril- with disabilities depend on every day. mourners. When 43-year-old Mr. Nam lion and a half dollar deficit. You Was this the right thing to do? I don’t Nguyen refused to make false state- would think after last year we would think so. Some thought taxing pace- ments to authorities about the mourn- cut the expenses, no. But this year, an- makers, hearing aids, prosthetics, and ers, he was beaten by police and died at other trillion and a half dollar deficit. wheelchairs was okay, it’s acceptable. his home shortly thereafter. Next year they’re projecting another If that isn’t an example of broken gov- Along with many others, this inci- trillion and a half dollar deficit. ernment, I don’t know what is. It’s not dent shows that the Government of You can talk about Greece. We’re the okay. It’s not acceptable. Taxing our Vietnam has no respect for human next Greece. We have to have a con- disabled population is flat out wrong. rights. To make matters worse, they stitutional balanced budget amend- f defended and protected those who comment. It’s a bill I introduced my first mitted these outrageous acts. year here. It just says simply you can’t 9/11 HEALTH AND COMPENSATION If our Nation is to be recognized as a spend more than you take in. We need ACT beacon of democracy and an advocate a constitutional balanced budget (Mr. CROWLEY asked and was given of human rights, we must demand the amendment now. same from those we work with, espe- permission to address the House for 1 f minute and to revise and extend his re- cially from Vietnam, whose human marks.) rights record is atrocious. b 1020 Mr. CROWLEY. This week when the What happened to Mr. Nguyen is an SOCIAL SECURITY outrage and should be met with con- House considers the 9/11 Health and (Ms. TSONGAS asked and was given Compensation Act, my colleagues will demnation from our government and from this esteemed body. permission to address the House for 1 have a simple choice: to vote to protect minute.) foreign corporations who are avoiding f Ms. TSONGAS. Mr. Speaker, I join paying U.S. taxes or vote to protect CONGRATULATING WORLD CUP my colleagues today in recognizing the those who stood in protection of us on TEAM MEMBER HERCULEZ GOMEZ 75th anniversary of Social Security. 9/11. (Ms. TITUS asked and was given per- Social Security has provided basic eco- It has been almost 9 years since our mission to address the House for 1 nomic security for generations of Nation was attacked. Three thousand minute and to revise and extend her re- Americans. lives were lost, including that of my marks.) A woman from Tewksbury, Massa- cousin, Battalion Chief John Moran. Ms. TITUS. Mr. Speaker, I rise today chusetts, a city that I represent, re- Thousands more were injured, particu- to congratulate my constituent and cently wrote me to say, ‘‘I am retired larly those who spent days and months member of the United States men’s and dependent on Social Security to cleaning up Ground Zero. soccer World Cup team, Herculez survive. Please protect the benefits I’ve Our Nation stood together in the Gomez, on his performance in the worked so hard for for many years.’’ aftermath, defiant against those who World Cup. Over the years, Democrats have attacked us, committed to never again Herculez Gomez, a former soccer star fought to improve and strengthen So- let a terrorist attack occur on Amer- at Las Vegas High School, was a stand- cial Security. As a result, the Social ican soil. And we stood with the thou- out forward for the United States at Security Trust Fund has reserves of sands who came to Ground Zero, first the World Cup. With Team U.S.A. fac- $2.6 trillion, which will continue to to look for survivors and then to clean ing a 2–0 deficit in a match with Slo- earn interest and pay benefits until up. venia, Coach Bob Bradley turned to 2037. Tomorrow, the House will get a Gomez to come off the bench to provide But imagine if Social Security bene- chance to fulfill our thanks to those a spark to his squad. Thanks to fits had been invested in the stock who served us. Thousands were told by Gomez’s energy and play-making abili- market during the recent Wall Street the Federal Government, ‘‘the air is ties, Team U.S.A. rallied for a 2–2 tie. crisis. Seniors would have lost billions safe, return home,’’ go back to work. Although we didn’t prevail in the of dollars in Social Security income, Thousands were told that a flimsy final competition, I want to congratu- along with any retirement savings they medical mask would keep them secure late Herculez Gomez and his team- had when the economy collapsed. and to keep searching, keep cleaning mates for their performance in the Despite what my colleagues on the up Ground Zero. But the air was not tournament. Their teamwork and pas- other side of the aisle would argue, safe and now thousands are sick. sion inspired millions of fans through- subjecting Social Security to the We have a commitment to those who out the United States and was just a whims of Wall Street is not the answer. served us. We have a duty to pass the 9/ preview of what U.S.A. soccer can do in We must be committed to strength- 11 Health and Compensation Act. Vote the future ening Social Security so that our con- ‘‘yes’’ tomorrow. Make our Nation I wish the best of luck to Herculez tract with American workers endures proud. Gomez and welcome him home to Dis- for generations. f trict Three, where he is a local hero f ANOTHER SETBACK FOR and role model to many aspiring young HOLD ON TO YOUR WALLETS soccer players. VIETNAMESE HUMAN RIGHTS (Mr. SAM JOHNSON of Texas asked f (Mr. CAO asked and was given per- and was given permission to address mission to address the House for 1 WE NEED A CONSTITUTIONAL BAL- the House for 1 minute and to revise minute.) ANCED BUDGET AMENDMENT and extend his remarks.) Mr. CAO. Mr. Speaker, earlier this NOW Mr. SAM JOHNSON of Texas. Amer- year local authorities in Con Dau, (Mr. BUCHANAN asked and was ica, hold on to your wallets. NANCY Vietnam, announced the demolition of given permission to address the House PELOSI and the Democrats are coming properties to make way for a tourist for 1 minute.) after you with higher taxes—in the resort. No plans for adequate com- Mr. BUCHANAN. Mr. Speaker, this middle of a recession. pensation or relocation were offered. weekend I had an opportunity in my Come January, tax rates are going to At the same time, the government community, Sarasota, Florida, to talk skyrocket on hardworking, middle posted a sign forbidding burials in the to a couple hundred people, working class families and small businesses. A local church cemetery, which, for more families and small businesses. They’ve new poll says 55 percent of voters in than 100 years, had served as the town’s had to cut their expenses 20, 30 percent, battleground States would be less like- burial site and which the government but yet Congress is incapable of cut- ly to vote for Democrat congressional had recognized as an historical site. ting its own expenses. candidates if Congress doesn’t stop or On May 4, 2010, Da Nang police inter- First 206 years, the history of our delay next year’s scheduled tax in- vened in the funeral of Mary Dang Thi country, we accumulated a trillion dol- creases before election day.

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6168 CONGRESSIONAL RECORD — HOUSE July 28, 2010 Most small business owners file per- ing to the Congressional Research Mr. Speaker, let me be clear, this sonal income taxes and will feel the tax Service. spill is tragic and it was caused by BP. hike, which will make it more difficult These records stifle economic growth Those responsible must be held ac- for them when they try to hire more and hurt all Americans. They are tak- countable and we need to find the root people or give their employees a raise. ing our country in the wrong direction. cause of the spill. However, history will This is about stopping a job-killing tax f show that President Obama did even hike on small businesses during tough more damage to the economy than BP READ LABELS ON WHAT YOU BUY economic times. through his destructive drilling mora- Let’s stop it for our future and our (Ms. KAPTUR asked and was given torium. freedom. permission to address the House for 1 f minute.) f Ms. KAPTUR. Mr. Speaker, when you SOCIAL SECURITY ANNOUNCEMENT BY THE SPEAKER start wondering where all the jobs in (Ms. CHU asked and was given per- PRO TEMPORE America have gone, just read the labels mission to address the House for 1 The SPEAKER pro tempore. Mem- on what you buy. You will know the minute.) bers are reminded that remarks in de- answer. What’s happened to the proud Ms. CHU. Mr. Speaker, in the 1930s, bate are to be addressed to the Chair. logo, ‘‘Made in America’’? over half of our seniors lived in pov- Our jobs have gotten shipped out by erty. They survived on whatever f the millions and millions by the multi- friends and relatives could spare. So BUILDING AN ECONOMY nationals. They offshored them to Congress created a shield against com- places where people who labor in mon threats like old age and disability. (Mr. DEUTCH asked and was given sweatshops can’t afford to buy what For 75 years, Social Security has pro- permission to address the House for 1 they make. America will create jobs tected millions of Americans. For 75 minute.) here again when we start making prod- years, it’s been our government’s bed- Mr. DEUTCH. Mr. Speaker, Demo- ucts here again. We have been amass- rock promise. For 75 years, it’s helped crats are committed to building an ing a trillion dollars of trade deficit people like Janice Moore, whose hus- economy where anyone can make it in year after year. That means more im- band passed away 13 years ago, leaving America. The oil spill compels us to do ports coming in here than our imports Janice and their three children to fend this by encouraging growth in green going out. for themselves. energy. We can do this by creating new So read labels carefully. Maytag Republicans want to hand this over manufacturing jobs, by improving ac- washing machines used to be made in to Wall Street. It’s the same privatiza- cess to credit for small businesses and Newton, Iowa. Now they are made in tion scheme they tried 5 years back. If investing in our infrastructure, our Monterrey, Mexico. You know what? they had succeeded, we would have lost schools, and our communities. We can The people down there can’t afford to trillions in the stock market. But encourage job creation here at home by buy what they make. Then those ma- Democrats and the American people closing tax loopholes for companies chines are shipped back here. And did said ‘‘no.’’ that ship jobs overseas and ending you notice the price for us didn’t go Today, we again reject these schemes giveaways to special interests. down? Hundreds and hundreds and hun- and say ‘‘yes’’ to Social Security’s Despite Republican obstruction of dreds and hundreds and thousands and promise—protecting American lives for our efforts on behalf of the American millions of our jobs were outsourced to another 75 years and many generations people, Democrats have delivered 6 places where some of our students to come. consecutive months of private sector can’t even spell the names. f job growth to the American people. We Did you know 10 percent of the ex- BORDER SECURITY FUNDING CUTS are moving in the right direction, and ports out of China go to one company? in America we refuse to go backward. Wal-Mart, you guessed it—clothing, (Ms. GIFFORDS asked and was given Until every American out of work tools, gloves, even frozen fish. permission to address the House for 1 can find a good paying job, we in Con- When you start wondering where all minute and to revise and extend her re- gress must make it our job to pass leg- the jobs have gone, just read the labels marks.) islation that will spur economic on what you buy. You will find the Ms. GIFFORDS. Mr. Speaker, I am growth and create good opportunities right answer. It’s time to make goods absolutely appalled the United States for all Americans. in America again. Senate eliminated over $700 million for f f protecting our U.S.-Mexico border. This appropriations bill in the Senate OBAMA ADMINISTRATION SETS BP OIL SPILL included money to deploy the National WRONG RECORDS (Mr. FLEMING asked and was given Guard to Arizona and increase the (Mr. SMITH of Texas asked and was permission to address the House for 1 number of Border Patrol agents and given permission to address the House minute.) surveillance systems on the border. for 1 minute and to revise and extend Mr. FLEMING. Mr. Speaker, last By refusing to approve these funds, his remarks.) week in my home State of Louisiana, the United States said ‘‘no’’ to sup- Mr. SMITH of Texas. Mr. Speaker, nearly 15,000 citizens gathered to rally porting the troops who will be arriving President Obama and the Democratic against the Obama administration’s de- on the border next week. The Senate Congress have set six records. Unfortu- structive moratorium on offshore drill- said ‘‘no’’ to increasing Border Patrol nately, they are not the ones the ing. The Rally for Economic Survival agents who would stop the flow of ille- American people hoped for: was meant to send a message to Wash- gal drugs and illegal immigrants into One, Americans are staying unem- ington that this moratorium is causing our country. And the Senate said ‘‘no’’ ployed longer than ever before; serious damage to the gulf coast econ- to protecting ranchers and border resi- Two, for the first time since the cur- omy. dents in my district. rent budget rules were adopted 35 years While speaking to the thousands of Since Thursday, I have been fighting ago, the House will not pass a budget; concerned gulf coast citizens, Governor to reinstate the funding stripped out Three, the Federal debt has never Bobby Jindal put forth another plea to by the Senate, and I am pleased that been larger; the Obama administration pointing out the House will consider an emergency Four, the cost of health care has that the moratorium is causing just as supplemental border security measure never been higher; much damage as the spill itself. Here is today. I am proud to be an original Five, we are more dependent on for- a quote from Governor Jindal: ‘‘We sponsor of that bill, and I urge Mem- eign oil than ever before; shouldn’t have to fight our own Fed- bers on both sides of the aisle to pass it Six, the Federal Government has eral Government. Just as we are fight- without delay. taken control of an unprecedented ing one disaster, we’re fighting another The failure by our Senate to provide number of private companies, accord- disaster caused by Washington, D.C.’’ the border resources that Arizonans

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 28, 2010 CONGRESSIONAL RECORD — HOUSE H6169 and all Americans deserve represents on which a recorded vote or the yeas (A) managing manufacturing companies; Washington at its worst. It’s also a and nays are ordered, or on which the (B) managing supply chain providers; (C) managing labor organizations; sober reminder to all of us that the vote incurs objection under clause 6 of (D) workforce development; fight to strengthen border security is rule XX. (E) conducting manufacturing-related re- not over. Record votes on postponed questions search and development; and f will be taken later today. (F) the defense industrial base. (2) BALANCE IN REPRESENTATION.—In making f b 1030 appointments of private sector members to the NATIONAL MANUFACTURING President’s Manufacturing Strategy Board MAKE IT IN AMERICA STRATEGY ACT OF 2010 under paragraph (1), the President shall seek to (Mr. CARNAHAN asked and was ensure that the individuals appointed represent Mr. RUSH. Mr. Speaker, I move to a balance among and within regions, sizes of given permission to address the House suspend the rules and pass the bill for 1 minute.) firms, and industries of the manufacturing sec- (H.R. 4692) to require the President to tor. Mr. CARNAHAN. Mr. Speaker, I rise prepare a quadrennial National Manu- (3) TERMS.— today in support of the Democrats’ facturing Strategy, and for other pur- (A) IN GENERAL.—Each member appointed Make it in America initiative. poses, as amended. under this subsection shall be appointed for a In my home State of Missouri, we The Clerk read the title of the bill. term of 6 years, except as provided in subparagraphs (B) and (C). make things. Manufacturing has al- The text of the bill is as follows: ways been a source of enormous pride (B) TERMS OF INITIAL APPOINTEES.—As des- H.R. 4692 and good-paying jobs for Missourians, ignated by the President at the time of appointment, of the members first appointed— particularly in the part of the State Be it enacted by the Senate and House of Rep- resentatives of the United States of America in (i) 3 shall be appointed for a term of 2 years; surrounding St. Louis that I represent. Congress assembled, (ii) 3 shall be appointed for a term of 4 years; and It’s no secret that American manu- SECTION 1. SHORT TITLE. facturing has had some hard times, but (iii) 3 shall be appointed for a term of 6 years. This Act may be cited as the ‘‘National Manu- (C) VACANCIES.—Any member appointed to fill with Make it in America, we are rein- facturing Strategy Act of 2010’’. vigorating that spirit of making things a vacancy occurring before the expiration of the SEC. 2. SENSE OF CONGRESS. term for which the member’s predecessor was ap- of American entrepreneurship. We are It is the sense of Congress that— pointed shall be appointed only for the remain- working to promote American jobs and (1) the United States Government should pro- der of that term. A member may serve after the put an end to policies that ship our mote policies related to the Nation’s manufac- expiration of that member’s term until a new jobs overseas. That is why we need to turing sector that are intended to promote member has been appointed. close tax loopholes that allow for outgrowth, sustainability, and competitiveness; cre- (d) CHAIR AND VICE CHAIR.— sourcing of U.S. jobs. We can use that ate well-paying, decent jobs; enable innovation (1) CHAIR.—The Secretary of Commerce (or the and investment; and support national security; savings to fund hometown tax credits designee of the Secretary) shall serve as the and Chair of the President’s Manufacturing Strat- to help small businesses expand Amer- (2) the President and Congress should act egy Board. ican manufacturing. We are already promptly to pursue policies consistent with a (2) VICE CHAIR.—The President shall appoint strengthening the rules, ensuring the National Manufacturing Strategy. the Vice Chair of the President’s Manufacturing U.S. and its contractors buy American SEC. 3. NATIONAL MANUFACTURING STRATEGY. Strategy Board from among the private sector when building our transportation, en- (a) STRATEGY REQUIRED.—Not later than the members appointed by the President under sub- ergy and communications infrastruc- first day of July of the second year of each Pres- section (c). ture. idential term, the President shall submit to Con- (e) SUBGROUPS.—The President’s Manufac- gress, and publish on a public website, a Na- turing Strategy Board may convene subgroups We must keep going and fulfill the to address particular industries, policy topics, or Make it in America agenda to ensure a tional Manufacturing Strategy. (b) DEADLINE FOR FIRST NATIONAL MANUFAC- other matters. Such subgroups may include new prosperity by promoting the com- TURING STRATEGY.—Notwithstanding subsection members representing any of the following: petitiveness and innovation of the (a), the President shall issue the first National (1) Such other Federal agencies as the Chair American people. Manufacturing Strategy not later than the date determines appropriate. (2) State, local, tribal, and Territorial govern- f that is one year after the date of the enactment of this Act. ments. WHERE ARE THE JOBS? (3) The private sector, including labor, indus- SEC. 4. PRESIDENT’S MANUFACTURING STRAT- try, academia, trade associations, and other ap- EGY BOARD. (Mr. SHIMKUS asked and was given propriate groups. (a) IN GENERAL.—The President shall estab- permission to address the House for 1 (f) MEETINGS.— lish, within the Department of Commerce, the minute and to revise and extend his re- (1) TIMING OF MEETINGS.—The President’s President’s Manufacturing Strategy Board. Manufacturing Strategy Board shall meet at the marks.) (b) PUBLIC SECTOR MEMBERS.—The Presi- Mr. SHIMKUS. Mr. Speaker, there is call of the Chair. dent’s Manufacturing Strategy Board shall in- (2) FREQUENCY OF MEETINGS.—The President’s one question. The question is: Where clude the following individuals: Manufacturing Strategy Board shall meet not are the jobs? (1) The Secretary or head (or the designee of less than 2 times each year, and not less than 4 We are at 9.5 percent unemployment the Secretary or head) of each of the following times in a year preceding the issuance of a Na- and nearly 15 million people out of organizations: tional Manufacturing Strategy required under work. Since President Obama has been (A) The Department of the Treasury. section 3(a). (B) The Department of Defense. (3) PUBLIC MEETINGS REQUIRED.—The Presi- elected, we’ve spent over $6.1 trillion in (C) The Department of Commerce. just these 18 months. dent’s Manufacturing Strategy Board shall con- (D) The Department of Labor. vene public meetings to solicit views on the Na- Why are there no jobs? Because there (E) The Department of Energy. tion’s manufacturing sector and recommenda- is uncertainty displayed by this admin- (F) The Office of the United States Trade tions for the National Manufacturing Strategy. istration and this Congress—there is Representative. (4) LOCATIONS OF PUBLIC MEETINGS.—The lo- uncertainty on energy costs, there is (G) The Office of Management and Budget. cations of public meetings convened under para- uncertainty about health care costs, (H) The Office of Science and Technology Pol- graph (3) shall ensure the inclusion of multiple there is uncertainty about taxes. Like icy. regions and industries of the manufacturing sec- (I) The Small Business Administration. a businessman told me just yesterday, tor. (J) Other Federal agencies the President de- (g) APPLICATION OF FEDERAL ADVISORY COM- you can’t raise our taxes and expect us termines appropriate. MITTEE ACT.—The Federal Advisory Committee to hire more people and create new (2) The Governors of two States, from dif- Act (5 U.S.C. App.), other than section 14 of jobs. ferent political parties, appointed by the Presi- such Act, shall apply to the President’s Manu- f dent in consultation with the National Gov- facturing Strategy Board, including any sub- ernors Association. groups established pursuant subsection (e). ANNOUNCEMENT BY THE SPEAKER (c) PRIVATE SECTOR MEMBERS.— SEC. 5. DUTIES OF THE PRESIDENT’S MANUFAC- PRO TEMPORE (1) IN GENERAL.—The President’s Manufac- TURING STRATEGY BOARD. turing Strategy Board shall further include 9 in- (a) IN GENERAL.—The President’s Manufac- The SPEAKER pro tempore. Pursu- dividuals from the private sector, appointed by turing Strategy Board shall— ant to clause 8 of rule XX, the Chair the President after consultation with industry (1) advise the President and Congress on will postpone further proceedings and labor organizations, including individuals issues affecting the Nation’s manufacturing sec- today on motions to suspend the rules with experience in the areas of— tor;

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(2) conduct a comprehensive analysis in ac- (B) PUBLIC COMMENT; REVIEW AND REVISION.— through the Secretary of Commerce, shall enter cordance with subsection (b); A draft report published under subparagraph into an agreement with the National Academy (3) develop a National Manufacturing Strat- (A) shall remain available for public comment of Sciences to conduct a study in accordance egy in accordance with subsection (c); for a period of 30 days from the date of publica- with this subsection. (4) submit to the President and Congress an tion. The President’s Manufacturing Strategy (2) ELEMENTS.—The study shall examine the annual report under subsection (d); and Board shall review any comments received re- following: (5) carry out other activities determined ap- garding such draft report and may revise the (A) The current state of manufacturing in the propriate by the President. draft report based upon those comments. United States. (b) COMPREHENSIVE ANALYSIS.—In developing (C) PUBLICATION.—Not later than 30 days be- (B) Federal programs and activities related to each National Manufacturing Strategy under fore the date on which the President is required manufacturing systems. subsection (c), the President’s Manufacturing to submit to Congress a report containing a Na- (C) The ways in which Federal policies affect Strategy Board shall conduct a comprehensive tional Manufacturing Strategy under section 3, manufacturing, and likely future trends in man- analysis of the Nation’s manufacturing sector the President’s Manufacturing Strategy Board ufacturing if such policies remain unchanged. that addresses— shall submit to the President for review and re- (D) Various possible approaches for evalu- (1) the value and role, both historic and cur- vision a final report containing a National ating the implementation of the National Manu- rent, of manufacturing in the Nation’s economy, Manufacturing Strategy, and shall publish such facturing Strategy. (E) An assessment of the trends and short- security, and global leadership; final report on a public website. and long-term forecasts of manufacturing. (2) the current domestic and international en- (D) ESTIMATES.—The final report submitted (F) A review of the trends and short- and vironment for the Nation’s manufacturing sec- under subparagraph (C) shall include— long-term forecasts of manufacturing relied tor, and any relevant subset thereof; (i) when feasible, an estimate of the short- upon in previous National Manufacturing Strat- (3) Federal, State, local, and Territorial poli- and long-term Federal Government outlays and egies as compared with actual events and cies, programs, and conditions that affect manu- revenue changes necessary to implement the Na- trends. facturing; tional Manufacturing Strategy and an estimate (4) a comparison of the manufacturing policies (3) REPORT.—The agreement entered into of savings that may be derived from implementa- under paragraph (1) shall provide that not later and strategies of the United States relative to tion of the National Manufacturing Strategy; other nations’ policies and strategies; than the first day of April of the first year of (ii) a detailed explanation of the methods and each Presidential term, the National Academy of (5) the identification of emerging or evolving analysis used to determine the estimates in- markets, technologies, and products for which Sciences shall submit to Congress and the Presi- cluded under clause (i); and dent a report containing the findings of the the Nation’s manufacturers could compete; (iii) detailed recommendations regarding how (6) the short- and long-term forecasts for the study. to pay for the cost of implementation estimated (4) DEADLINE FOR FIRST REPORT.—Notwith- Nation’s manufacturing sector, and forecasts of under clause (i), when feasible. expected national and international trends and standing paragraph (3), the first agreement en- (d) ANNUAL REPORT.—Not later than the date tered into under this subsection shall provide factors likely to affect such sector in the future; that is one year after the date on which the first and that the National Academy of Sciences shall National Manufacturing Strategy is published submit to Congress and the President a report (7) any other matters affecting the competi- under section 3, and annually thereafter, the tiveness, growth, stability, and sustainability of containing the findings of the study not later President’s Manufacturing Strategy Board shall than 2 years after the date such agreement is the Nation’s manufacturing sector, including— submit to the President and Congress a report (A) levels of domestic production; entered into. that includes— (5) DEADLINE FOR SUBSEQUENT AGREEMENTS.— (B) productivity; (1) views on the current state of manufac- (C) the trade balance; After the first agreement entered into under this turing in the United States; subsection, all subsequent agreements under this (D) financing and investment; (2) an assessment of the implementation of (E) research and development; subsection shall be entered into not later than previously issued National Manufacturing 18 months before the deadline for submission of (F) job creation and employment disparities; Strategies; (G) workforce skills and development; and the corresponding report under paragraph (3). (3) recommendations for furthering the imple- (H) adequacy of the industrial base for main- (b) DISCRETIONARY STUDIES.—The President, mentation of previously issued National Manu- taining national security. acting through the Secretary of Commerce, may facturing Strategies; and (c) NATIONAL MANUFACTURING STRATEGY.— enter into further agreements with the National (4) any suggested revisions to the estimate re- (1) DEVELOPMENT.—The President’s Manufac- Academy of Sciences as necessary to develop quired under section 5(c)(3)(D)(i) to implement turing Strategy Board shall develop a National studies to provide information for future Na- the recommendations included under paragraph Manufacturing Strategy, based on— tional Manufacturing Strategies. (3). (A) the results of the comprehensive analysis SEC. 8. REQUIREMENT TO CONSIDER NATIONAL (e) CONSULTATION.—In order to gain perspec- conducted under subsection (b); MANUFACTURING STRATEGY IN (B) the studies carried out by the National tives and avoid duplication of efforts, the Presi- BUDGET. Academy of Sciences pursuant to section 7; and dent’s Manufacturing Strategy Board shall con- In preparing the budget for a fiscal year (C) any other information, studies, or perspec- sult on manufacturing issues with the Defense under section 1105(a) of title 31, United States tives that the President’s Manufacturing Strat- Science Board, the President’s Council of Advi- Code, the President shall include information egy Board determines to be appropriate. sors on Science and Technology, the Manufac- regarding the consistency of the budget with the (2) GOALS AND RECOMMENDATIONS.— turing Council established by the Department of goals and recommendations included in Na- (A) GOALS.—The President’s Manufacturing Commerce, and the Labor Advisory Committee tional Manufacturing Strategy covering that Strategy Board shall include in each National for Trade Negotiations and Trade Policy, and fiscal year. Manufacturing Strategy short- and long-term may consult with other relevant governmental The SPEAKER pro tempore. Pursu- entities or the private sector. goals for the Nation’s manufacturing sector, ant to the rule, the gentleman from Il- SEC. 6. GOVERNMENT ACCOUNTABILITY OFFICE taking into account the matters addressed in the linois (Mr. RUSH) and the gentleman comprehensive analysis conducted under sub- REVIEW OF NATIONAL MANUFAC- from Georgia (Mr. GINGREY) each will section (b). TURING STRATEGY. (B) RECOMMENDATIONS.—The President’s Not later than the first day of April in cal- control 20 minutes. Manufacturing Strategy Board shall include in endar years 2013, 2017, and 2021, the Comptroller The Chair recognizes the gentleman each National Manufacturing Strategy rec- General shall submit to Congress a report re- from Illinois. ommendations for achieving the goals provided garding the National Manufacturing Strategy GENERAL LEAVE under subparagraph (A). Such recommendations published under section 3. The report shall in- Mr. RUSH. Mr. Speaker, I ask unani- may propose— clude— (1) an assessment of whether the recommenda- mous consent that all Members may (i) actions to be taken by the President, Con- have 5 legislative days in which to re- gress, State, local, and Territorial governments, tions from such National Manufacturing Strat- the private sector, universities, industry associa- egy, and any preceding National Manufac- vise and extend their remarks and in- tions, and other stakeholders; and turing Strategies, were implemented; clude extraneous material in the (ii) ways to improve Government policies, co- (2) an analysis of the impact of such rec- RECORD. ordination among entities developing such poli- ommendations, to the extent data are available; The SPEAKER pro tempore. Is there cies, and Government interaction with the man- (3) a review of the process involved in devel- objection to the request of the gen- ufacturing sector. oping such National Manufacturing Strategy tleman from Illinois? (3) REPORT.— and any preceding National Manufacturing There was no objection. Strategies; and (A) DRAFT.—Not later than 90 days before the Mr. RUSH. Mr. Speaker, I yield my- date on which the President is required to sub- (4) recommendations for improvements in developing the next National Manufacturing self such time as I may consume. mit to Congress a report containing a National Mr. Speaker, I rise today in support Manufacturing Strategy under section 3, the Strategy. President’s Manufacturing Strategy Board shall SEC. 7. STUDIES. of H.R. 4692, the National Manufac- publish in the Federal Register and on a public (a) QUADRENNIAL STUDY.— turing Strategy Act of 2010, introduced website a draft report containing a National (1) IN GENERAL.—In developing each National by my dear friend from Illinois, Con- Manufacturing Strategy. Manufacturing Strategy, the President, acting gressman DAN LIPINSKI. I commend

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 28, 2010 CONGRESSIONAL RECORD — HOUSE H6171 him for his leadership on this impor- bolder, and become better than it was ports for export to China today than tant issue. in the distant past. they ever have in the past. He also said Mr. Speaker, it is time for the U.S. to Mr. Speaker, I reserve the balance of the same thing is happening in Aus- revise our manufacturing policy. This my time. tralia. The reason for that is that the bill under consideration has gained b 1040 Chinese are depending more and more strong bipartisan support from Mem- upon coal to produce electricity. A del- bers of Congress because it speaks to The SPEAKER pro tempore. Without egation of them came to Washington, the level of leadership in the manufac- objection, the gentleman from Ken- and said one of the reasons they were turing arena that our Nation seeks to tucky (Mr. WHITFIELD) will control the doing it was that they wanted the low- assert once again on the global stage. time. est electricity costs in order to be more America’s manufacturing sector is an There was no objection. competitive in the global marketplace essential foundation of our Nation’s Mr. WHITFIELD. First of all, I do and to encourage more manufacturing economy. Consider the fact that in 2009 want to thank Congressman LIPINSKI of plants to move to China. the manufacturing sector employed Illinois for introducing this legislation So I think we need to take concrete more than 11.5 million people. Ladies on the National Manufacturing Strat- action. We know the problems. I will and gentlemen, that number, though egy Act. say that this legislation will provide an significant, is not as good as it could be Mr. Speaker, I think we all recognize additional study, and that may be im- when you consider that 10 years ago in America today that our manufac- portant. America’s manufacturing sector em- turing sector, while still one of the I would like to commend Chairman ployed 17.3 million people, meaning strongest in the world, has lost a lot of RUSH and Mr. LIPINSKI, because I think that our Nation actually lost 5.8 mil- manufacturing jobs. In fact, we have they improved this bill a great deal lion manufacturing jobs between the lost way too many. This legislation, when they eliminated the task force years 1999 and 2009. while providing additional studies to and created one strategy board so that The National Manufacturing Strat- look at the problems for our manufac- there would be less repetitiveness on egy Act of 2010 will make a significant turing sector, I firmly believe does not the studies that this legislation calls difference in helping to restore and go far enough and does not address the for. reposition our Nation’s manufacturing real problems with manufacturing in Mr. Speaker, I reserve the balance of capacity so that American workers can America today. my time. compete in today’s global economy. One issue that we certainly need to Mr. RUSH. Mr. Speaker, I yield 5 Today, we are still fighting our way look at, in my view, is the American minutes to the author of the legisla- through a global financial crisis, and tax policy. It is my understanding that tion, my friend and an outstanding we are facing aggressive competition the United States has the second-high- Member of this House, the gentleman from industrialized nations as well as est corporate tax rate in the developed from Illinois (Mr. LIPINSKI). emerging countries. Some of our manu- world and will soon move into the No. Mr. LIPINSKI. Mr. Speaker, I rise facturing competitors have designed 1 slot because Japan, evidently, is get- today in strong support of H.R. 4692, and implemented 5- or 10-year strategic ting ready to drop its corporate income the National Manufacturing Strategy plans to allow their economies to not tax rate. Act. only compete globally, but also to ex- We also know that, already in the Over the past decade, almost one- ploit their goods to our markets here Federal Government, there are many third of American manufacturing jobs in the U.S. The sad fact of the matter task forces that are looking at this have disappeared. After 110 years as the is that these international markets are manufacturing issue. For example, world’s top manufacturing country, the not reciprocating, Mr. Speaker, by wel- there is an Interagency Working Group United States is about to lose that coming our U.S. goods to their market- on Manufacturing Competitiveness. perch to China. We all know how hard place. The Commerce Department has a man- it is when we go anywhere to buy toys, In recent years, the U.S. has actually ufacturing council. The Manufacturing tools—whatever it is, we know how lost market share to growing export Extension Partnership Program is in hard it is to find ‘‘made in the USA’’ on countries like China, regional areas existence, and the Interagency Work- a label, but American manufacturing like Southeast Asia, and countries like ing Group on Manufacturing Research job loss is not inevitable, and I do not India. If we do not act now, this steady and Development is operating today. accept the notion that there is nothing decline will continue to exist and it Additionally, both the Department of that we can do. Clearly, another decade will also persist. We simply cannot Commerce under the Bush administra- like the last one would dramatically allow that to happen. tion and the White House under Presi- undermine the American middle class This bill requires the President to dent Obama has issued reports and rec- and our national security. undertake a deep and broad analysis of ommendations on the state of domestic That is why I introduced the Na- the Nation’s manufacturing sector, in- manufacturing. tional Manufacturing Strategy Act. I cluding the international economic en- Then just recently, in June of this worked with business, labor, and trade vironment, related technological devel- year, the National Manufacturers Asso- organizations to make this a bipartisan opment, workforce elements, the im- ciation issued an extensive report on bill with broad support, and I submit pact of governmental policies, and what was needed in America to make for the RECORD letters of this support other relevant issues affecting domes- manufacturing in America more com- from some of these organizations. tic manufacturers. petitive. One of the things that I point- The Strategy Act requires the Presi- I also added a provision requiring ed out was tax policy and a more ag- dent to appoint a board composed of analysis on the trade imbalance, job gressive trade policy to have tariffs government and private-sector per- creation, employment disparities, and lowered in other countries. Then the sonnel to conduct an in-depth analysis workforce development. Based on this ability to compete in the global mar- of American manufacturing. Then they analysis, Mr. Speaker, the President, ketplace is vitally important. must produce a strategy that includes in collaboration with key Cabinet offi- One of the reasons I have been very short-term and long-term goals for cre- cials within his administration, as well much concerned about some of the en- ating jobs, improving domestic produc- as Governors, State and local elected ergy policies of this administration, tion, investment, international com- officials and other key stakeholders in particularly as they relate to cap-and- petitiveness, and for assuring an ade- the public and private sectors, will de- trade, is that, if that kind of legisla- quate defense industrial base. velop a 4-year national strategy that tion is adopted, it is going to increase Finally, the President and the board identifies goals and makes rec- electricity costs and make manufac- must deliver specific recommendations ommendations to improve our Nation’s turing in America less competitive in for accomplishing these goals. Like economic growth. the global marketplace. America’s Quadrennial Defense Re- Mr. Speaker, I urge my colleagues to The CEO of CSX Railroads was in my view, the manufacturing strategy will support this bill and to help our manu- office 2 weeks ago. He said the rail- be updated every 4 years, enabling us facturing sector become bigger, become roads are moving more coal to the to build upon successful initiatives

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6172 CONGRESSIONAL RECORD — HOUSE July 28, 2010 while correcting course as necessary. thorough analysis of the U.S. manufacturing tional Tooling and Machining Association The Government Accountability Office sector and prepare a quadrennial report to (NTMA) and the Precision Metalforming As- will have to produce an analysis of Congress. This report must include short and sociation (PMA), and our nearly 3,000 metal- progress on the implementation of the long-term recommendations as well as plans working member companies, thank you for for improving domestic production, invest- your leadership and continued efforts to ad- strategy. All of this is designed to ment and competitiveness. dress the issues facing businesses manufac- make sure that the board is producing This important work would be conducted turing in America. Your introduction of H.R. something and that we are following by a governmental Manufacturing Strategy 4692, the National Manufacturing Strategy through on it. Task Force comprised of federal officials and Act of 2010, is an important step in devel- Mr. Speaker, the passage of the Na- governors and convened by the President. oping a cohesive national manufacturing tional Manufacturing Strategy Act will The task force would be assigned with solic- strategy to support the growth and improve- iting public views; holding public meetings, ment of manufacturers across the country. ensure that American manufacturing Manufacturing businesses employ nearly 12 remains on the national agenda. Nu- assessing manufacturing policy; and supporting the President’s overall manufac- million Americans and represent more than merous other countries already have turing strategy. 10 percent of our entire economy, and is vital manufacturing strategies, including Over the past decade too many investors for the future of our economic and national not only China and India, but the and domestic businesses focused on short- security. In order to revitalize American United Kingdom, Canada, Brazil, term profits and outsourcing of jobs. It is manufacturing, we need our own national Japan, and Germany. It is about time time to refocus and recommit the United pro-manufacturing strategy to advance poli- that America does the same before it is States to a long-term strategy of domestic cies that will enhance U.S. industrial competitiveness. The National Manufacturing too late for middle class Americans and prosperity and sustainability. The NMSA is a key component to starting that process. Strategy Act will put in place a process to for our national security. The National Manufacturing Strategy Act promote policies to support a strong, vibrant Some may say that the time for has bipartisan sponsorship and is supported national manufacturing base. It is a crucial American manufacturing has passed. I by the AFL-CIO. first step to revitalize American manufac- don’t believe this. I know that Amer- Sincerely, turing. ican manufacturers can compete with WILLIAM SAMUEL, Thank you for your consideration and your anyone in the world if we have a level Director, leadership on behalf of the metalworking in- Government Affairs Department. dustry. playing field and if we are planning Sincerely, ahead. In my district, from Atlas Tool THE ASSOCIATION FOR WILLIAM E. GASKIN, & Die, to Corey Steel, to Archer Wire, MANUFACTURING TECHNOLOGY, PMA President. to West Bend, to ODM, they are just a McLean, VA, March 1, 2010. ROBERT AKERS, few of the manufacturers who are mak- Hon. DANIEL LIPINSKI, NTMA Chief Oper- ing it and are having a difficult time, House of Representatives, ating Officer. but they can do it. All American manu- Washington, DC. THE COLD FINISHED STEEL facturers can do it because America DEAR CONGRESSMAN LIPINSKI: I am writing BAR INSTITUTE, has the greatest manufacturers in the on behalf of AMT—The Association For Man- ufacturing Technology—to applaud your Washington, DC, July 14, 2010. world. leadership in introducing the National Man- Hon. BOBBY L. RUSH, I would like to thank Majority Lead- ufacturing Strategy Act (H.R. 4692). AMT Chairman, Subcommittee on Commerce, Trade er HOYER and Caucus Chairman LARSON supports your efforts to strengthen Amer- and Consumer Protection, Energy & Com- for bringing this bill to the floor. I ica’s manufacturing sector and ensure that merce Committee, House of Representatives, would like to thank Congressman its competitiveness remains a top priority of Washington, DC. DEAR CONGRESSMAN RUSH: The Cold Fin- BRALEY for his work on this, along the U.S. government. AMT represents U.S.-based manufacturing ished Steel Bar Institute (CFSBI) commends with Chairman BOBBY RUSH and Rank- technology companies. Our members provide you for holding a hearing on H.R. 4692, the ing Member WHITFIELD for the work the tools that enable production of all manu- ‘‘Manufacturing Strategy Act of 2010’’ and that they did in improving this bill. factured goods. The recession has hit capital requests that this letter be included in the Thank you for your comments. intensive industries, like ours, particularly official record of the hearing. Cold finished I wanted to make sure that we made hard; but we remain committed to forging a steel bar is incorporated into a wide range of this a strong bipartisan bill that we strong and prosperous future. Our national consumer, industrial, aerospace, medical, could agree upon. There are a lot of security and economic growth depend on it. and military products. The ultimate con- issues that are out there, and I believe AMT welcomes the opportunity to work sumers of cold finished steel bars are small we must continue to promote policies with you and your colleagues in advancing and medium-size independently owned preci- manufacturing to the top of our national sion machining companies across the coun- to help create jobs immediately. We agenda. We recognize that it will take a co- try. The U.S. cold finished steel bar industry are not going to agree on all of those, ordinated effort from all stakeholders—our produces high-quality products on an effi- but I think this is something that we government, business leaders and their cient and cost-competitive basis, using high- can agree upon. The National Manufac- workers, communities, and academia—to rely-trained workers under environmentally turing Strategy Act establishes a proc- gain our competitive position. H.R. 4692 sound conditions. The CFSBI is a trade asso- ess for strengthening American manu- takes the important step of calling for a for- ciation of these producers who account for facturing over the long term, and it is mal strategy to address our short and long over 85 percent of all U.S. cold finished steel term challenges. American manufacturers bar production. something that we must do. The CFSBI supports this legislation and I ask my colleagues today to support need a cohesive public policy plan that will encourage and support our ventures in cre- included a strong statement of support for it this important legislation. Pass this ating innovative products, diversifying into in its 2010 White Paper, ‘‘Strong Medicine for bill. new industries and capturing emerging mar- Manufacturing.’’ This paper recommended a AMERICAN FEDERATION OF LABOR kets. That is the path to worldwide leader- number of actions the Congress and the Ad- AND CONGRESS OF INDUSTRIAL OR- ship. ministration should take to support U.S. GANIZATIONS, I have taken the liberty of letting AMT manufacturers. Our first recommendation on Washington, DC, July 15, 2010. members in Illinois know of your efforts to behalf of a stronger and more stable manu- Hon. DANIEL LIPINSKI, rebuild and strengthen this critical sector of facturing sector in the United States was House of Representatives, the U.S. economy. Thank you again for your passage of H.R. 4692: Pass the ‘‘Manufac- Washington, DC. support. turing Strategy Act.’’ On February 25, 2010, DEAR REPRESENTATIVE LIPINKSI: On behalf Best regards, Congressman Dan Lipinski (D-IL) introduced of the ten million working men and women DOUGLAS K. WOODS, a bill that directs the President, every four of the AFL-CIO, I write in support of the Na- President. years, to conduct a comprehensive analysis tional Manufacturing Strategy Act of 2010 of the nation’s manufacturing sector and (NMSA), H.R. 4692. PRECISION METALFORMING ASSOCIA- submit to Congress a National Manufac- The quickest road to economic recovery TION AND NATIONAL TOOLING & turing Strategy (Strategy). The bill requires and reversing high unemployment is boost- MACHINING ASSOCIATION, the President, in developing each Strategy, ing domestic production and creating good March 9, 2010. to convene an inter-agency U.S. government paying jobs right here at home. The best way Hon. DANIEL LIPINSKI, Manufacturing Strategy Task Force and a to pursue this is by developing a comprehen- Longworth House Office Building, private-sector Manufacturing Strategy sive strategy to pursue these goals. Washington, DC. Board to make recommendations regarding The NMSA provides a road map to do just DEAR CONGRESSMAN LIPINSKI: On behalf of specific issues to be incorporated into the that by requiring the President to conduct a One Voice, the joint effort between the Na- Strategy, including short- and long-term

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 28, 2010 CONGRESSIONAL RECORD — HOUSE H6173 goals for the manufacturing sector. This bill Longworth House Office Building, employment, increasing global competitive- will not solve the problems facing U.S. man- Washington, DC. ness, and other important factors. We would ufacturers, but it is an excellent first step. DEAR MR. LIPINSKI: The National Defense suggest strengthening the bill with more ac- Congressman Lipinski recognizes that a Industrial Association (NDIA) offers its tion steps beyond procedural items already sound manufacturing strategy cannot be de- strong support for H.R. 4692, the National listed, and would be pleased to work with veloped agency-by-agency. A successful solu- Manufacturing Strategy Act of 2010. NDIA, you accordingly. tion will require an integrated approach with just over 1,700 corporate members and across multiple agencies in the U.S. govern- nearly 80,000 individual members, is Amer- Today, too many disparate agencies lay ment, working in partnership with the pri- ica’s leading Defense Industry association claim to portions of what would otherwise be vate sector. The Administration is using a promoting national security. As such, we un- a national manufacturing strategy. Some in similar approach to address problems with derstand the importance of a strong U.S. Washington call this the ‘‘silo’’ approach. We health care, financial markets, and energy; manufacturing base and the need for a na- need government to break down these silos. manufacturing also deserves a comprehen- tional manufacturing strategy. Tax, trade, currency valuation, innovation, sive focus. A vibrant industrial base is critical to U.S. infrastructure, government procurement and The CFSBI and its member companies ap- national security, for both economic and ma- other important topics should be considered plaud Congressman LIPINSKI for authoring teriel supply reasons. The U.S. industrial in a cohesive plan. this important legislation. We hope that this base represents a critical element of the eco- hearing is the first step in successful consid- nomic power of our country. Although about We retooled our country to successfully eration of H.R. 4692 in the House of Rep- 12 percent of total U.S. GDP is generated di- fight and win World War II. We need to be resentatives and that the Senate will follow rectly by the industrial base, it is respon- able to do this again today. CPA is pleased suit. sible for a much larger portion, as much as to offer our support and thanks for your ef- Sincerely, one third of total GDP, when considering the forts. JOHN W. KENEFICK, commodities and services that manufactur- Respectfully, CHAIRMAN, COLD FINISHED STEEL BAR ers consume. Further, over 60 percent of BRIAN O’SHAUGHNESSY, INSTITUTE. total U.S. exports are manufactured goods Chief Co-Chair, Man- and about 10 percent of total employment is ufacturing Co-Chair. AEROSPACE INDUSTRIES ASSOCIATION, within the industrial base. JOE LOGAN, Arlington, VA, March 15, 2010. The national security is also dependent Agriculture Co-Chair. upon the uninterrupted supply of critical Hon. DANIEL LIPINSKI, ROBERT BAUGH, Longworth House Office Building, materials, systems and logistics support. Labor Co-Chair. Washington, DC. This is especially true for the needs of our armed forces and homeland security. To DEAR CONGRESSMAN LIPINSKI: Thank you guarantee this supply we must ensure the AMERICAN MANUFACTURING TRADE for the opportunity to provide the aerospace ACTION COALITION, and defense industry’s comments on the Na- continued viability of the production capabilities of the U.S. industrial base. We sim- Washington, DC, June 8, 2010. tional Manufacturing Strategy Act of 2010. Rep. DANIEL LIPINSKI, As you may know, the Aerospace Industries ply cannot rely on developing or potentially adversarial nations for these critical sup- Longworth House Office Building, Association (AIA) represents nearly 300 man- Washington DC. ufacturing companies with over 644,200 high- plies. A national manufacturing strategy, such wage, high skilled aerospace employees DEAR REPRESENTATIVE LIPINSKI: I write on as proposed by H.R. 4692, provides the U.S. across the civil aviation, space systems, and behalf of the American Manufacturing Trade with an understanding of critical industrial national defense. Our member companies ex- Action Coalition (AMTAC) endorsing H.R. base issues and their impact on our nation. port nearly 40 percent of their total output, 4692, the National Manufacturing Strategy It will also provide a common direction for and we routinely post the nation’s largest Act. We thank you for introducing H.R. 4692 future government, academia and industrial manufacturing trade surplus, $56 billion in in an effort to reinvigorate the manufac- programs and a focus for these organizations 2009. Aerospace indirectly supports 2 million turing sector of the U.S. economy. to leverage each other’s efforts for the com- middle class jobs and 30,000 suppliers from all mon good. A national manufacturing strat- Our first Secretary of Treasury, Alexander 50 states. The aerospace industry continues egy will also put the U.S. on an equal stra- Hamilton, understood the need for a national to look to the future, investing heavily in tegic footing with many other countries that manufacturing strategy. His ‘‘Report on R&D, spending well more than $100 billion have had national strategic plans in place for Manufactures’’ provided President Wash- over the last 15 years. some time. ington, and all subsequent presidents and The aerospace industry commends you for Mr. Lipinski, NDIA strongly supports H.R. the hard work and interest you have shown Congresses a blueprint for encouraging the 4692, the National Manufacturing Strategy development of a vibrant manufacturing sec- to the nation’s manufacturing capability. We Act of 2010 and encourages all members of share many of the same goals outlined by tor in the United States. One of the great Congress to consider the significant con- stories of the history of the United States your legislation including the creation of tribution that such a strategy will have on during the 19th and 20th centuries was that high-quality jobs; increased productivity, ex- the U.S. industrial base, we ask that they en- of the rise of our manufacturing sector. Un- ports, and global competitiveness; increased dorse the passage of this critical bill. domestic manufacturing capacity; and ex- Sincerely and Respectfully, fortunately, the story of U.S. based manufac- panded research and development activities LAWRENCE P. FARRELL, JR., turing during the last twenty or thirty years to encourage innovation. The requirement Lieutenant General, USAF (Ret.), has been one of disinvestment, off-shoring for a detailed analysis of the U.S. manufac- President and CEO, NDIA. and decline. And, of course, this has meant turing base and creation of an interagency the loss of many jobs—usually good, high task force will certainly help improve the COALITION FOR A paying jobs. In fact, over the past ten years government’s understanding of the chal- PROSPEROUS AMERICA, the United States has lost some 4 million lenges faced by this vital industry. Sheffield, MA, April 27, 2010. manufacturing jobs. We also appreciate the requirement for a Hon. DANIEL LIPINSKI, H.R. 4692 would help begin the reinvigora- detailed review of tax, federal procurement, Longworth House Office Building, tion of the domestic manufacturing sector workforce development, and export control Washington, DC. reform policies. AIA has issued a number of DEAR CONGRESSMAN LIPINSKI: The Coali- by directing the President to conduct a com- reports in these areas and would be pleased tion for a Prosperous America is pleased to prehensive analysis of the nation’s manufac- to work with the task force in an effort to announce that we have endorsed your Na- turing sector. More importantly, H.R 4692 share the perspective of the aerospace indus- tional Manufacturing Strategy Act, H.R. recognizes that analysis alone will do noth- try. With the creation of the Manufacturing 4692. ing to jump-start our manufacturing sector. Strategy Board, we hope that the President The United States is the only major coun- Therefore, it directs that the President use will also consider a strong representation try that does not have an industrial strat- the information gleaned from that analysis from the aerospace sector given our role as egy. Every one of our trading rivals has a and submit to Congress a national manufac- one of the leading manufacturing industries. plan that considers their industrial sector in turing strategy. Thank you again for your interest, hard terms of many factors including national se- work, and efforts to address the needs of our curity, economic growth, full employment, These and other provisions of the bill are nation’s manufacturing sector. and geopolitical competition. The fact that salutary reforms that, if implemented, can Best regards, the U.S. has no such plan is a key component help ignite a rebirth of the American manu- MARION C. BLAKEY. in our economic problems. facturing sector and AMTAC welcomes and Your National Manufacturing Strategy supports these changes. NATIONAL DEFENSE Act requires the creation of a process to de- Sincerely, INDUSTRIAL ASSOCIATION, vise a national manufacturing strategy. AUGGIE TANTILLO, Arlington, VA, March 16, 2010. Such a plan will consider the role of manu- Executive Director, American Hon. DANIEL LIPINSKI, facturing in national security, achieving full Manufacturing Trade Action Coalition.

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AMERICAN IRON AND STEEL cess—and creating the appropriate policy en- grew more than 10 times faster than the INSTITUTE, vironment for it were totally ignored. The economy, and the manufacturing trade def- Washington, DC, February 23, 2010. U.S. housing and financial sectors were cod- icit is up by more than 19 percent on an an- Hon. DANIEL LIPINSKI, dled (with artificially low interest rates and nual basis—with manufacturing exports con- House of Representatives, the abandonment of successful oversight in tinuing to grow more slowly than total Washington, DC. laws like Glass-Steagall), while manufac- goods exports despite 15 years worth of free- DEAR CONGRESSMAN LIPINSKI: I write turing—which has been the dominant factor trade agreements touted as foreign market- today, on behalf of the members of the in domestic wealth creation since the nation opening bonanzas. American Iron and Steel Institute (AISI), to industrialized—was neglected and even No wonder the unemployment rate remains thank you for introducing legislation that scorned. Typical was former Federal Reserve sky high, and only the federal government would require the President to develop a Chairman Alan Greenspan’s remark that and heavily subsidized sectors, like health quadrennial national manufacturing strat- manufacturing is ‘‘something we were ter- care and education, are creating meaningful egy. rific at fifty years ago . . . essentially a numbers of jobs. The domestic steel industry strongly sup- nineteenth- and twentieth-century tech- The National Manufacturing Strategy Act ports implementation of a national pro-man- nology.’’ A worldwide financial meltdown, will help replace this failed binge-spending ufacturing strategy and your bill takes an painful recession, and mammoth long-term and borrowing approach with a strategy important step towards achieving this goal. U.S. debt burden have been the inevitable re- aimed at promoting the production- and As you know, in the current global economy, sults. earnings-based prosperity that only a much overall cost factors play a decisive role in Your introduction of the National Manu- stronger manufacturing sector can create. how and where companies choose to invest facturing Strategy Act demonstrates con- The U.S. Business and Industry Council is and locate their facilities. As such, it is crit- vincingly that you and your cosponsors un- especially heartened by the following fea- ical that the U.S. government address these derstand that restoring our nation’s eco- tures of the bill: cost factors and provide industry with a nomic health requires producing not con- 1. It would encourage a long overdue ex- level playing field on which to compete glob- suming our way out of recession, and that plicit acknowledgment by Congress of do- ally. This means minimizing burdensome expanding our industrial output is the big- mestic manufacturing’s central role in gen- regulations and taxes, investing in transpor- gest key to success. But without swift Con- erating and preserving American prosperity, tation and energy infrastructure and pro- gressional and presidential action, the U.S. technological progress, and national secu- moting exports while enforcing trade laws, economy may deteriorate past the point of rity. trade agreements and Customs rules. no return. 2. It recognizes that a sweeping and con- Consequently, we appreciate that your bill America’s massive manufacturing job loss certed federal government-wide effort is in- creates a process for the U.S. government to and factory closings over the past decade are strumental for domestic manufacturing’s redevelop a national manufacturing strategy well known. But even more serious signs of vival. and identifies key policy goals for such a the sector’s distress abound. Despite trillions 3. It would require several federal studies strategy. We also support the creation of a of dollars of government stimulus spending, to assess domestic manufacturing’s Manufacturing Strategy Board consisting of tax breaks, and industry bailouts, the U.S. strengths and weaknesses rigorously and individuals from the private sector, from a economy has shrunk in real terms by 1.14 comprehensively. Similarly, it would foster broad range of industries and regions, who percent during the recession. But manufac- detailed government study of manufacturing are to provide the President with the needs turing output, though now higher than its trade and off-shoring flows, and federal proof and opportunities for the nation’s manu- recession trough, is still down 9.72 percent— curement of manufactures imports in the ci- facturing sectors. The President will be well and recent scholarly research indicates that vilian and defense sectors. These provisions served in gaining advice and suggestions even this figure may significantly understate would fill much of the knowledge vacuum from industry experts who live and work in the devastation. that currently hamstrings U.S. manufac- their respective fields each and every day. In addition, industrial capacity has fallen turing policymaking. In the process, the leg- U.S. manufacturing is critical to the fu- during this recession for only the second islation would end the monopoly currently ture of our economy and security and we ap- time since the end of World War II. A new re- enjoyed by outsourcing-happy multinational preciate your efforts on behalf of manufac- port by the U.S. Business and Industry Coun- companies over too much crucial manufacturing with the introduction of this impor- cil shows that, in 2008, imports captured 36.23 turing and national security-related data. tant legislation. We look forward to working percent of America’s domestic markets for 4. It recognizes the scale of the challenges with you on this bill and on future efforts to advanced manufactured goods like semi- facing domestic manufacturing by setting a put in place policies that promote a strong, conductors, aircraft, construction equip- deadline of February, 2011, for publication of vibrant national manufacturing base. ment, machine tools, and pharmaceuticals. the first annual White House National Manu- Sincerely, In 1997, the figure was only 21.36 percent. facturing Strategy blueprint. THOMAS J. GIBSON. To make matters worse, many in the polit- 5. It recognizes that expanding manufac- ical leadership class seem determined to turing employment requires expanding man- UNITED STATES BUSINESS AND recreate the borrowing, spending, and im- ufacturing production—that only healthy in- INDUSTRY COUNCIL porting bubble that just burst so disas- dustries can create new jobs and preserve ex- Washington, DC, July 12, 2010. trously. For example, the same Wall Street isting positions. Hon. DANIEL LIPINSKI, firms whose crackpot lending and compensa- 6. It understands that active efforts are Longworth House Office Building, tion policies, and especially their phony fi- needed to ensure that more of America’s Washington, DC. nancial instruments, helped trigger the cri- wealth and investment capital gets chan- DEAR REP. LIPINSKI: On behalf of the 2,000 sis received an enormous bailout, and the neled to productive activities like manufac- domestic manufacturing companies com- new financial regulation bill generally pre- turing. prising the U.S. Business and Industry Coun- serves their too-big-to-fail status and license 7. It would mandate that the Executive cil, I am writing to thank you for intro- to speculate recklessly. The Fed’s loose- Branch and Congress examine the often ducing H.R. 4692, the National Manufac- money policies have become free-money poli- make-or-break impact of the range of federal turing Strategy Act of 2010, and to offer our cies, and outright spending and lending sub- policies on manufacturing’s fortunes. strong support for this legislation. Your leg- sidies. Finally, too much of the economic 8. It recognizes the special importance of islation will create the policy framework ur- stimulus package was simply unproductive small and medium-sized manufacturing com- gently needed by the nation to revitalize its spending. panies, which through their production of dramatically weakened domestic manufac- Meanwhile, here’s the ‘‘help’’ that genu- precision parts and components in particular turing sector, and thereby help achieve gen- inely productive industries like manufac- generate so much of America’s value-added uine recovery from the ongoing economic turing have gotten: a miserly auto rescue and innovation. crisis. We strongly urge its prompt passage package that has helped reduce GM to its 9. It gives these companies meaningful rep- by Congress and enactment into law. 1920s dimensions; auto and appliance rebate resentation on the proposed President’s Man- Although most of Washington remains programs that spurred the purchase of at ufacturing Strategy Board. uneducated as to the centrality of domestic least as many imports as domestically pro- 10. It promotes follow-through and ac- manufacturing for a strong economy, the duced goods; buy American stimulus bill pro- countability in domestic manufacturing pol- paramount lesson of the current economic visions shot through with loopholes; vague icy by requiring a Comptroller General’s crisis is that the United States needs a com- rhetoric about ‘‘green manufacturing’’ that evaluation of the President’s manufacturing pletely new strategy to deal with the so- ignores the need to ensure these industries strategy blueprint—including progress in im- called globalization of our economy and to remain onshore; and the continued pursuit of plementation—and a presidential report on revitalize our industrial base. outsourcing-focused trade agreements sure ‘‘the consistency of the budget with the For decades, most of our political and mul- to send more productive American jobs goals and recommendations included in the tinational business establishment has pro- abroad. blueprint. mulgated the falsehood that American pros- Largely as a result of misguided policies, America’s economic and industrial success perity could be based on borrowing, spend- personal consumption is even higher today has always resulted first and foremost from ing, and importing. Creating real wealth— than at its dangerous pre-crisis levels, the its free-enterprise system. But government the historical foundation of national suc- trade deficit in the first quarter of this year has consistently played a major role, too,

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 28, 2010 CONGRESSIONAL RECORD — HOUSE H6175 from the publication of Alexander Hamil- Carolina and Tennessee. The economic im- yielding. I also thank my colleague ton’s Report on Manufactures to the Na- pact of this industry is felt not only by from Illinois (Mr. LIPINSKI) for bringing tional Institutes of Health’s support for motor vehicle manufacturers, but also in the forward this bill, H.R. 4692, the Na- pharmaceutical research to the Defense De- millions of other jobs that are dependent on tional Manufacturing Strategy Act of partment’s nurturing of the aviation and in- parts suppliers. formation technology sectors. And this gov- MEMA is pleased to support H.R. 4692, the 2010, as it is formally called. ernment role will surely expand as competi- National Manufacturing Strategy Act of b 1050 tion intensifies from foreign countries whose 2010. Parts manufacturers believe a national leaders vigorously support their industries in manufacturing strategy will help focus re- And I also, of course, thank the sub- a host of overt and covert ways. sources on important manufacturing initia- committee chair, Mr. RUSH, as well. I Your National Manufacturing Strategy tives. In addition, MEMA hopes that the think they should be commended. It’s a Act will boost the odds of America’s getting process will provide all manufacturers with a nice thing to do. It’s a nice statement manufacturing policy right. Thank you forum to discuss the wide range of policies to make, this National Manufacturing again for introducing this vital legislation. necessary to provide for a secure and strong Strategy Act. And, as Mr. LIPINSKI just The U.S. Business and Industry Council manufacturing base. looks forward to working with you to help it Thank you for your leadership on this im- said, Mr. Speaker, it would assure, attract the strong support and quick passage portant issue. hopefully, that manufacturing remains it deserves. Sincerely, on our national agenda. And that’s Sincerely, ROBERT MCKENNA, about all it can do, in my humble opin- KEVIN L. KEARNS, President and CEO. ion. Mr. Speaker, that’s just about all PRESIDENT, it can do if it’s 100 percent successful. U.S. Business and Industry Council. AMERICAN FOUNDRY SOCIETY, It will assure that manufacturing re- Schaumberg, IL, July 23, 2010. mains on our national agenda. MOTOROLA, INC., Congressman DAN LIPINSKI, Washington, DC, July 12, 2010. Longworth HOB, When we’re sitting here in this coun- For more than 80 years Motorola has been Washington, DC. try with 10 percent, nearly 10 percent committed to innovation in communications DEAR CONGRESSMAN LIPINSKI: On behalf of unemployment and 16 million people and electronics. We developed the first mo- the American Foundry Society, we commend out of work, many of them for more bile police car radio, the first mobile back- you for introducing the National Manufac- than 6 months—indeed, that’s the rea- pack radio systems for World War II, the turing Strategy Act of 2010 (H.R. 4692). We son we wanted to extend unemploy- first cellular network and phone. The first strongly support this measure which would ment coverage for 99 weeks—it’s time, words spoken from the moon were carried require the President to develop a quadren- over Motorola equipment. We are a company nial national manufacturing strategy and I think, that we need to act, and act born in America and now operating around identify key policy goals critical to the fu- very positively, very aggressively. the globe, drawing on the diversity of per- ture of U.S. manufacturing. This represents And you just heard, Mr. Speaker, spectives and talents from different parts of the first step in restoring our manufacturing from the ranking member of the com- the globe. competitiveness. mittee, Mr. WHITFIELD, talk about American manufacturers, like Motorola, Over the last decade, America has lost one- these trade agreements that have been have long spurred economic growth and tech- third of all its manufacturing jobs, including negotiated, in fact, 2 or 3 years ago, nological advancement in America and thousands of jobs in the metalcasting indus- with South Korea, with Colombia, with abroad. That said, we wholeheartedly sup- try. Metalcasters face the most intense glob- port the spirit H.R. 4692, the National Manu- al competition in history from companies Panama. And yet, the Democratic lead- facturing Strategy Act, sponsored by Rep- operating in countries that enjoy govern- ership of this House refuses to bring resentative DANIEL LIPINSKI that expresses a ment trade protections, fixed currency levels those trade agreements to the floor for sense of Congress that the United States and a variety of subsidies. an up-or-down vote. Government should promote policies related The U.S. metalcasting industry is critical It’s just amazing to me that we’re to the Nation’s manufacturing sector that for the future of our economic and national spending time on a bill that’s going to would foster economic growth, create jobs, security. More than 90 percent of all manu- study the issue more and come forward improve the workforce, increase produc- factured goods and capital equipment use tivity, and maintain and improve national castings as engineered components or rely on with a report when we have informa- security, among other improvements. Spe- castings for their manufacture. In fact, tion that says the free trade agree- cifically, H.R. 4692 requires the President to foundries supply millions of castings a year ments with South Korea and Colombia conduct an analysis of factors affecting man- for use in our military’s jets, helicopters, alone would lead to a decline of $40.2 ufacturing competiveness, and devise a ships, tanks, weapon systems and other vital billion—the failure to implement, I strategy to pursue policies and improve gov- components. should say, the failure to implement ernment coordination in support of domestic AFS serves as the voice of the North Amer- those trade agreements will lead to a manufacturing. We believe that such an ican metalcasting industry. Our association decline of $40.2 billion in U.S. exports analysis will foster more innovation and is comprised of more than 7,000 members rep- competitiveness for U.S. manufacturers. resenting more than 700 U.S.-based of goods and services. Failure to act We look forward to working with Rep- metalcasting firms, students, industry sup- would also leave $44.8 billion in missed resentative DANIEL LIPINSKI and his staff as pliers and customers in every state in the opportunities for U.S. companies, while this measure moves through the legislative country. Our members produce thousands of also resulting in roughly another process. different types of metal castings ranging 400,000 jobs going elsewhere, that is, Sincerely, from aircraft and automobile components to offshore. YARDLY POLLAS-KIMBLE, cookware and surgical equipment. So, again, there’s no finer gentleman Senior Director, There are over 2,000 metal casting facilities in this House than Representative LI- Global Government Affairs. in the U.S. employing more than 200,000 workers. Foundries are predominantly small PINSKI. I have great respect for him. MOTOR & EQUIPMENT businesses, with 80 percent having less than And I think he’s trying to do the right MANUFACTURERS ASSOCIATION, 100 employees. Many of these shops are still thing because it’s the only thing that Washington, DC, July 19, 2010. family-owned. his majority will let him do, Mr. Hon. DANIEL LIPINSKI The time is now for the U.S. to develop its Speaker. House of Representatives, own national pro-manufacturing strategy to What we need to do is approve these Washington, DC. advance policies that will enhance U.S. in- free trade agreements. We need to DEAR REPRESENTATIVE LIPINSKI: The Motor dustrial competitiveness. Again, thank you & Equipment Manufacturers Association for your leadership and support of American lower the corporate tax rate. OECD (MEMA) represents over 600 companies that manufacturing. countries have done that, except us, manufacture motor vehicle parts for use in Sincerely, and we’re sitting here with a 35 percent the light vehicle and heavy-duty original JERRY CALL, corporate tax rate. And we’re doing equipment and aftermarket industries. Executive Vice President. nothing, really we’re doing nothing but Motor vehicle parts manufacturers are the Mr. WHITFIELD. Mr. Speaker, I creating another study group, and nation’s largest manufacturing sector, di- yield 5 minutes to the distinguished that’s about as duplicative as you rectly employing nearly 686,000 U.S. workers could get. God knows how many study and contributing to over 3.29 million jobs gentleman from Georgia (Mr. across the country. In fact, parts manufac- GINGREY), who is a member of the En- groups, Mr. Speaker, we have already turers are the largest manufacturing em- ergy and Commerce Committee. created. ployer in eight states: Indiana, Kentucky, Mr. GINGREY of Georgia. I thank I, too, like Mr. LIPINSKI, meet with Michigan, Missouri, Ohio, Oklahoma, South the gentleman from Kentucky for my manufacturers in the 11th District

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This chart right here represents make everything from nuts and bolts to the talked about the tax structure. We probably 12 or 14 years of work in my advanced electrical system for the new Boeing talked about overregulation and the office. We tried to identify the numer- 787, the Dreamliner. burdens that this government is plac- ous Federal programs and agencies I simply cannot overstate the importance of ing on our manufacturers. that support manufacturing. People manufacturing not only to northwest Illinois but And then, you know, just like we will come to the office, we would add in to the America. The United States has the stand up and honor the troops once a hand exactly what those are. largest manufacturing economy in the world, week, I guess at least once a month we It’s still difficult to have a central producing $1.6 trillion in value annually—that’s stand up and honor the manufacturing focus point to know who’s manufac- 11 percent of U.S. gross domestic product industry in the Rust Belt, all the while turing and who’s doing research in a (GDP). One in six U.S. jobs is tied directly or suffering, 16 million unemployed and a particular area. For example, if some- indirectly to manufacturing, and strides in pro- 10 percent unemployment rate. We’re body wants to do research on machin- ductivity have held down inflation and contrib- not doing anything except studying it ing titanium or Inconel, there’s no cen- uted to higher standards of living for hard- to death, as the ship continues to sink. tral portal through which that person working Americans. Manufacturing drives inno- So I say, the bill, I’m going to sup- can go to determine exactly what pro- vation by conducting nearly half of all research port it, sure, but this is the wrong ap- grams or who’s doing that research. and development and creating the bulk of proach. And I don’t mean any dis- That’s one of the beauties of the bill technology in our nation. Nearly 60 percent of respect to my colleagues. It’s a good bi- that Congressman LIPINSKI has intro- all exported goods from the U.S. originate partisan effort, and I’m glad that we’ve duced. from the manufacturing sector. finally taken an opportunity to do Why is it necessary to have a study? In the United States, every $1.00 in final something in a bipartisan way. But we Because Americans need to know the sales of manufactured goods supports $1.40 need to move much quicker, much fast- importance of manufacturing. If we in output from other sectors of the economy. er, and much further, Mr. Speaker. don’t have manufacturing, agriculture, That multiplier effect on our investment dollars Mr. RUSH. Mr. Speaker, I reserve the and mining in this country, we become is higher than any other economic sector. balance of my time. a Third World nation. If we can’t make Manufacturing is the lifeblood of the Amer- Mr. WHITFIELD. Mr. Speaker, I things with our hands, then we become ican economy and its continued strength is yield 4 minutes to the gentleman from hindered in maintaining our status as a key to putting Americans back to work. For too Illinois (Mr. MANZULLO). world leader. long, manufacturing has received second- Mr. MANZULLO. Mr. Speaker, today The whole purpose of having a com- class treatment from our government. While we have a unique opportunity to lend a prehensive strategy in manufacturing Washington hesitates to act, American indus- hand to American manufacturers. I’m is, as Mr. LIPINSKI said, to call the Na- tries are withering under intense global com- proud to join my good friend and col- tion’s importance to the fact that petition and jobs have gone overseas. It’s time league from Illinois (Mr. LIPINSKI) in young people need to go into manufac- for the federal government to get serious and being an original cosponsor of this leg- turing, need to go to our community implement an agenda to strengthen American islation. And, in fact, when I chaired colleges to learn how these sophisti- manufacturing and restore American jobs, and the Small Business Committee, we had cated machines are made. that’s exactly what this legislation will require. field hearings in both his district and I’ve probably been in 500 to 700 fac- There are numerous existing federal pro- Mr. DAVIS’ centered on the issue of tories all over the world studying and manufacturing in America. analyzing exactly what America needs. grams to support American manufacturing, but As the cofounder and cochair of the This bill has, as its purpose, to show our national manufacturing policy is disjointed House Manufacturing Caucus, I can’t Americans, but more importantly to and reactionary. Other nations proactively sup- overstate the importance of manufac- bring to the attention of fellow Mem- port their industrial base through programs turing to America. One in six jobs in bers of Congress, the absolute impor- and policies. If we pass the National Manufac- America is directly related to manu- tance of protecting manufacturing in turing Strategy Act into law, a new Manufac- facturing, and one in four in the con- this country. It is a great bill because turing Strategy Board will help the President to gressional district that I represent. what it will do is it will help identify conduct an in-depth analysis of the nation’s Manufacturing drives innovation by those programs that exist, those that manufacturing sector and develop a com- conducting nearly half of all research are working, and those that should be prehensive strategy for enhancing its competi- and development and creating the bulk eliminated. tiveness and promoting its success in the of technology in our Nation. Nearly 60 If we pass the National Manufac- global economy. percent of exported goods are manufacturing Strategy Act into law, a new The aim of the strategy and the quadrennial tured goods. Manufacturing Strategy Board will review is to harmonize manufacturing policy Every $1 in final sales of manufac- help the President to conduct an in- across the government and ensure that it is tured goods supports $1.40 in output, depth analysis of the Nation’s manu- unified, innovative, and results-oriented. which is higher than any other eco- facturing sector and develop a com- As noted in recent committee testimony nomic sector. If we don’t make things prehensive strategy for enhancing its from AAM president Scott Paul, Alexander in America, then even those service competitiveness and promoting its suc- Hamilton himself constructed America’s first jobs, however, will disappear. cess in the global economy. industrial policy in 1791. Our founding fathers I spent probably two-thirds of my So I urge my colleagues to support recognized that a robust industrial base is vital time in Congress studying and working H.R. 4692. to both our national security and a flourishing on manufacturing issues, from raw ma- We have a unique opportunity today to economy. terials and minerals all the way boost the U.S. economy and lend a hand to Instead of wallowing in anxiety over the fate through to export controls. In fact, American manufacturers. of our economy, Congress needs to demand within the past Congress, working with The bipartisan National Manufacturing Strat- action that will produce results. America’s Congressmen BLUMENAUER, CROWLEY, egy Act (H.R. 4692) will help American manu- manufacturers are among the most innovative and SHERMAN, all Democrats, we were facturing rebound from recent economic tur- and productive in the world, but they aren’t able to amend section 17(c) of the Ex- moil to ensure that both our workers and our getting the support they need from their gov- port Administration Act, which has re- factories are equipped to thrive in the 21st ernment. By developing a long-term plan with sulted in the additional billions of dol- Century. input from a wide range of stakeholders and lars more of aircraft parts being ex- The 16th District of Illinois, which I am so experts, the National Manufacturing Strategy ported. In fact, I’m probably the only proud to represent, is one of the most heavily Act will ensure that we are doing absolutely all Member of Congress who’s ever gone to industrialized Congressional districts in the na- that we can to help this vital industry.

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00012 Fmt 4634 Sfmt 9920 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 28, 2010 CONGRESSIONAL RECORD — HOUSE H6177 b 1100 passed the Senate and is on the way to ment to reestablish a dynamic engine Mr. RUSH. Mr. Speaker, it is my becoming law, as I said. for job creation. Make it in America is privilege and honor to yield 1 minute The House has also passed the SEC- a commitment to ensuring that Amer- to our great majority leader, Congress- TORS Act, which invests in 21st-cen- ica’s future is one in which America man HOYER of Maryland. tury workforce training, to make sure competes successfully and profitably in Mr. HOYER. I thank the gentleman that our people have the skills to make the new global marketplace. Make it in for yielding. it in America. Bills like these build on America is a psychology of excellence, I am pleased to follow my friend, the success we have already in rallying a level playing field in trade relations, Congressman MANZULLO, in speaking America’s manufacturing sector under and the creation of an environment about the importance of making it in the Obama administration. Since the that facilitates manufacturing America. Making it in America is not beginning of the year, our private sec- projects, expansion, and the sale of just about manufacturing in America, tor has actually created 136,000 new American products to the world. it’s about succeeding in America, mak- manufacturing jobs. America’s innovative abilities and ing sure that America continues to be This bill, the National Manufac- the talent and work ethic of our work- the vibrant engine of our economy and turing Strategy Act, can contribute to ers have historically led our country to the international economy, making that job creation. It directs the Presi- extraordinary economic growth and things not only for Americans, but for dent to develop a national manufac- success. The Make it in America agen- all the world. And I thank Mr. MAN- turing strategy every 4 years, with da is a commitment, a commitment to ZULLO for his comments. input from the private sector, from making that success not only a proud Americans have always looked to the manufacturing leaders, Federal offi- part of our history, but a reality for manufacturing sector as a source of cials, and State governments. They our future. We’re going to make it in economic vitality and as a source of will analyze all of the factors affecting America, and we’re going to make it in pride. I want to thank my friend from American manufacturing, from financ- America. Illinois (Mr. RUSH), who has been such ing to trade barriers, and recommend Mr. WHITFIELD. May I ask how an outstanding leader in this Congress actions that industry and Federal and much time we have remaining on this on behalf of growing our economy, jobs State and local governments can take side? for Americans, good pay and good bene- to boost manufacturing and create The SPEAKER pro tempore. The gen- fits for all Americans. good-paying jobs. tleman from Kentucky has 7 minutes. America has long prided itself on I spoke about this the other day at Mr. WHITFIELD. At this time I yield being a country that makes things. the Center for American Progress. And 3 minutes to the gentleman from Illi- And Democrats, and I know my Repub- a representative of the National Asso- nois (Mr. SHIMKUS). lican friends, are committed to making ciation of Manufacturers, Mr. Speaker, (Mr. SHIMKUS asked and was given sure that is true in the future. America stood and congratulated us on this ef- permission to revise and extend his re- agrees on the importance of manufac- fort. And I told her that we were look- marks.) turing to our economy. You just ask ing to work with the National Associa- Mr. SHIMKUS. Mr. Speaker, I come them and they will tell you we need to tion of Manufacturers and others to in support of H.R. 4692, the National make it in America. Fifty-seven per- build manufacturing capacity and to Manufacturing Strategy Act. I was cent of Americans believe it is one of create these good-paying jobs with pleased to support, actually, my two the most important factors in our eco- good benefits and making America great colleagues from Illinois, Mr. LI- nomic strength, and 85 percent of work better. PINSKI and Mr. RUSH. I appreciate them Americans believe that creating manu- The bill’s sponsor, Congressman LI- bringing it down to the floor. facturing jobs is important to our eco- PINSKI, from the heartland of America, Basically, I think what can occur nomic recovery. We need to make it in your State, Mr. RUSH, Illinois, points from this is a reevaluation of things America. out that similar national strategies are that we know. When we are at 9.5 per- It’s true that manufacturing has widespread. China, India, the UK, cent unemployment, 15 million Ameri- taken a severe hit in this recession. In Brazil, Canada, and Germany all have cans unemployed, 1.5 percent increase fact, it’s been taking hits for quite manufacturing strategies; and we need since the failed stimulus bill was some time, particularly under the pre- one if we want to stay competitive passed at a cost of $1.2 trillion, what do vious administration. Over the past with them. businesses need to create jobs? And decade, America lost one-third of its And as has been true in the past, the what does the manufacturing sector manufacturing jobs. These three bills ‘‘Made in America’’ label will be sought need to create jobs? They need cer- are designed to turn that status and admired throughout the world. tainty. around. This bill is an important way to take As I said in my 1-minute this morn- If we want American manufacturing our industries’ struggles seriously and ing, a businessman talked to me, You to be strong again, if we want to begin responding to them construc- can’t ask us to create new jobs when emerge from these hard times with a tively. you raise our taxes. You can’t ask us to more competitive, job-creating econ- I urge my colleagues to pass this bill create more jobs when you raise our omy, we need to get serious about our and the two that will follow to make taxes. That’s issue one. I think that manufacturing strategy. That is the America a more competitive, growing will come out of the national manufac- impulse behind the Democrats’ Making economy. Make it in America, an agen- turing strategy. it in America agenda: creating incen- da that the House will consider this You can’t expect us to create jobs tives for investments in industry, week and the 4 weeks when we return when you raise our energy costs. The strengthening manufacturing infra- from our break: the Clean Energy cap-and-trade energy bill passed structure and innovation, strength- Technology Manufacturing and Export through this House raises energy costs. ening our workforce, and helping to Assistance Act, which will ensure that It is a tax on carbon. Carbon is a fossil level the playing field for American clean energy technology firms have the fuel. That raises manufacturing costs. companies. That’s what our focus is information and assistance they need We cannot create more jobs when we going to be. That’s what Mr. MANZULLO to stay competitive; and the End the add costs to the manufacturing sector. was talking about. Trade Deficit Act, all on the agenda, We cannot create jobs when there is So far, the Make it in America agen- sponsored by Congresswoman MATSUI, regulatory uncertainty. When we’ve da has resulted in the passage of the which will develop strategies to com- got EPA and OSHA and all these people U.S. Manufacturing Enhancement Act. bat the trade deficit. Through steps poking around trying to protect the It passed the House just a few days ago like these we can begin to restore workers, which they do, it’s that old on an overwhelmingly bipartisan vote, America’s pride in its manufacturing saying: I’m from the government and passed the Senate by unanimous con- and in the solid jobs it creates for mid- I’m here to help you. sent, and is at the White House. This dle class families. They are not here to help you under helps American companies get the af- Make it in America is not simply a this administration. They’re here to fordable materials they need. And it’s slogan; it is a commitment, a commit- penalize. They’re here to fine. They’re

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6178 CONGRESSIONAL RECORD — HOUSE July 28, 2010 here to create uncertainty, which objective analysis of the Obama admin- America’s economy depends on man- makes it very difficult to create jobs. istration’s cap-and-trade system indi- ufacturing. America depends on manufacturing for good jobs. And across this b 1110 cates that that bill would dramatically increase electricity costs making Nation, our States depend on manufac- And the last one is the health care American manufacturers less competi- turing. Manufacturing is a vital part of law. Additional uncertainty. ‘‘We have tive, not more competitive. I have al- the economies of most States. As a to pass the bill before we know what’s ready talked about China and the steps share of gross State product (GSP), in in the bill.’’ What do you think the that they’re taking to decrease their 2001 manufacturing was among the manufacturing companies are doing? electricity costs. three largest private-industry sectors They’re trying to figure out what we So we support this bill, but we need in all but 10 States. Manufacturing is just did to them. to do more. And we call upon the ad- the largest sector in 10 States and in So I hope this national manufac- ministration to do more than just talk the Midwest region as a whole, the re- turing strategy, which I am a cospon- about these issues. gion that I love and I live in. It’s the sor of, will say: Reduce the tax burden, With that, I yield back the balance of second largest in nine States and the ease the regulatory burden, lower en- my time. third largest in 21 other States. ergy costs, make a competitive, vi- Mr. RUSH. Mr. Speaker, I yield my- Mr. Speaker, manufacturing is im- brant market. That’s how we create self such time as I may consume. portant. This is not just some kind of jobs in America. Mr. Speaker, what we don’t need is pipe dream. This is not just a study. Mr. RUSH. Mr. Speaker, I yield 1 more excuses. What America doesn’t This is a roadmap to recovering Amer- minute to the author of the legislation, need is more excuses that have been ica’s position in terms of manufac- Mr. LIPINSKI, once again. heard on this floor for many years now. turing in the world. Make manufac- Mr. LIPINSKI. Mr. Speaker, the gen- We don’t need any more excuses, Mr. turing real for America. Make manu- tleman from Maryland (Mr. HOYER) was Speaker. We need action. This bill that facturing robust for America. Make just down here. I wanted to thank him we are deliberating on today will go a manufacturing jobs reachable for all again for really putting forward this long ways toward making America Americans. make it in America, sell it to the much more viable and making Amer- Mr. KUCINICH. Mr. Speaker, I rise today in world. That is what we need to do. You ica’s manufacturing center much more support of H.R. 4692, the National Manufac- ask any American. They know that is robust. turing Strategy Act of 2010. what we need to do to keep this recov- Mr. Speaker, I want to remind the Across America, and especially in Ohio, ery going and really get us out of this Members of this House that manufac- people are hurting. The national unemploy- recession. turing has been the engine that drives ment rate is hovering near 10%—that’s 15 mil- I also want to thank the gentleman the American economy for more than lion people out of work. Sixteen states and the from Illinois (Mr. MANZULLO) for all of 100 years and it will continue to well District of Columbia have double-digit unem- the work that he has done. We’ve into the 21st century. America’s future ployment. In my home state of Ohio, which is worked closely together since I have growth, security, and leadership in the home to over 20,000 manufacturing compa- been in Congress on manufacturing. global economy will depend on the nies, unemployment is even higher—10.5%. And I think the chart he had up here strength and viability of our manufac- Almost half of all unemployed workers have was one of the best reasons why we turing base. That’s why it’s so impor- been out of work for over six months. There need this strategy. tant to reverse the current ebb. are simply not enough jobs, and if we are to The U.S., Mr. Speaker, has lost more The government is doing a lot on change that, the key is to better support and than 5 million manufacturing jobs manufacturing; it’s just disjointed. It’s enhance our manufacturing sector. With this since 2000—almost 17 percent of all oftentimes ad hoc. We need to bring bill, we are taking a first step toward creating manufacturing jobs in the Nation. We that together. So I thank Mr. MAN- a coordinated federal policy that puts the man- can maintain our leadership position in ufacturing sector back in its rightful place as ZULLO for his work on that, and that’s the global economy but only if we just a great example. an engine of the American economy. strengthen the core of our economy, There are some encouraging signs: More And those who say maybe the gov- which is manufacturing. ernment shouldn’t be doing anything than 135,000 manufacturing jobs were created America’s economy depends on man- in the last six months. Americans understand on manufacturing, we are already ufacturing. Manufacturing in the U.S. doing a lot. Let’s get it together and that creating manufacturing jobs should be generates about $1.4 trillion, or 12 per- among the highest priorities for government. In let’s do it right. cent of our gross domestic product. Mr. WHITFIELD. Mr. Speaker, I a recent poll 87 percent said they believed it Manufacturing is responsible for nearly is time we had a national manufacturing strat- would just like to make some con- two-thirds of private sector research egy. cluding remarks. and development in the U.S. Over the Where it is necessary, so-called ‘‘legacy in- All of us on this side of the aisle sup- past two decades manufacturing pro- dustries’’—such as steel, automotive, aero- port Mr. LIPINSKI’s effort. We believe ductivity has increased at twice the space and shipping industries—within our na- that this legislation is good and we rate of the rest of the private sector. tion’s manufacturing sector are adjusting to commend Mr. RUSH and Mr. LIPINSKI. America’s economy depends on man- meet new economic realities. The government But we reiterate that this adminis- ufacturing. America’s economy de- must do all that it can to make sure it does not tration is not doing enough to improve pends on manufacturing for good jobs. get left behind countries like China who are manufacturing in America. The major- Manufacturing directly employs 14 mil- rapidly growing their green manufacturing ity leader said we want more products lion Americans and supports 8 million economies. produced in America. But in order to more. Each manufacturing job supports Americans who were surveyed about our do that, we need a tax policy that en- as many as four other jobs, providing a manufacturing economy rejected the idea that courages investment, not making it boost to local economies. For example, we can only rely on other sectors to keep the more expensive to do business in Amer- every 100 steel or every 100 auto jobs United States in its position as a world leader. ica. We need a policy to provide incen- create between 400 and 500 new jobs in They said that manufacturing is central to our tives for more research and develop- the rest of the economy. This contrasts economic strength. And they are right. With ment to be more competitive in the with the retail sector, where every 100 this bill we will take a vital and tangible step global marketplace. We need a strong jobs generate 94 new jobs elsewhere, toward reinvigorating our manufacturing base. program to defend and protect intellec- and in contrast with the personal and Ms. JACKSON LEE of Texas. Mr. Speaker, tual property developed by our manu- service sectors where every 100 jobs I rise today in support of H.R. 4692, the ‘‘Na- facturers. We need a strong inter- create 147 new jobs. tional Manufacturing Strategy Act of 2010’’. national trade policy that encourages This multiplier effect reflects how This legislation provides a pragmatic and for- more American products to be sold manufacturing’s linkages run deep into ward-looking means to enhance, develop, and abroad. the overall economy and means im- secure our nation’s manufacturing industry for And as the gentleman from Illinois provements in manufacturing produc- the future. Its contributions to our economy said, we need an energy policy that tivity translate broadly into the econ- and the sheer size of this industry make it im- does not raise energy costs. And every omy as a whole. perative that we take the necessary steps to

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00014 Fmt 4634 Sfmt 9920 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 28, 2010 CONGRESSIONAL RECORD — HOUSE H6179 ensure its continued growth and success. I sult with organized labor in appointing mem- ance, or sequestration of energy-related commend my colleague, Representative DAN- bers to the advisory group that will help him emissions and— (A) reduce the need for additional energy IEL LIPINSKI, for introducing this legislation to draft the strategy. Further, I view this legislation as part and supplies by using existing energy supplies do just that. with greater efficiency or by transmitting, Mr. Speaker, as you may know, the manu- parcel to the federal government’s ongoing ef- distributing, or transporting energy with 2 facturing industry generates ⁄3 of U.S. ex- forts to create much-needed jobs and adapt greater effectiveness through the infrastruc- ports, employs over 11 million American work- the country’s economy to the future. I am quite ture of the United States; or ers, and serves as an industrial base to as- gratified to see that H.R. 4692 rightly directs (B) diversify the sources of energy supply sure that our national defense remains strong that the manufacturing strategy it mandates in- of the United States to strengthen energy se- and to sustain infrastructure. This bill address- clude an examination of the detrimental effect curity and to increase supplies with a favor- es the growing importance of the manufac- of unfair trade practices on domestic manufac- able balance of environmental effects if the turing sector to our nation’s health and econ- turing. I firmly believe the federal government entire technology system is considered; and (2) the term ‘‘Secretary’’ means the Sec- omy. It directs the President, every four years, must do all it can to ensure our trading part- retary of Commerce. to conduct a comprehensive analysis of the ners play by the rules in order to foster sus- nation’s manufacturing sector and to submit to tainable employment growth at home. (b) ESTABLISHMENT.—The Secretary shall establish a Clean Energy Technology Manu- Congress a National Manufacturing Strategy. In conclusion, I note this bill comes at a facturing and Export Assistance Fund, to be It also requires the President, in developing time when my home state of Michigan con- administered through the International each strategy, to convene a Manufacturing tinues to endure record unemployment levels, Trade Administration. The Secretary shall Strategy Task Force to make recommenda- largely due to the hemorrhaging of manufac- administer the Fund to promote policies tions regarding specified matters for incorpora- turing jobs caused by a decade of unfair trade that will reduce production costs and en- tion into the Strategy, including short- and policies. I believe H.R. 4692 will serve to right courage innovation, investment, and produc- long-term goals for the manufacturing sector. past failed policies and, as such, I very pas- tivity in the clean energy technology sector, Furthermore, the bill directs the National Acad- sionately support its expedited consideration and implement a national clean energy tech- emy of Sciences to conduct quadrennial stud- nology export strategy. The purpose of the and adoption. Fund is to ensure that United States clean ies concerning U.S. manufacturing and to re- Mr. RUSH. Mr. Speaker, I yield back energy technology firms, including clean enport each study’s results to Congress and the the balance of my time. ergy technology parts suppliers and engi- President. Finally, the bill requires the Presi- The SPEAKER pro tempore. The neering and design firms, have the informa- dent, in preparing each annual budget, to in- question is on the motion offered by tion and assistance they need to be competi- clude information regarding that budget’s con- the gentleman from Illinois (Mr. RUSH) tive and create clean energy technology sec- sistency with the goals and recommendations that the House suspend the rules and tor jobs in the United States. included in the latest Strategy. pass the bill, H.R. 4692, as amended. (c) ASSISTANCE.—The Secretary, consistent The enactment of this bill would express The question was taken. with the National Export Initiative, shall that it is the view of Congress that policies The SPEAKER pro tempore. In the provide information, tools, and other assist- should be promoted to support and secure the opinion of the Chair, two-thirds being ance to United States businesses to promote growing manufacturing industry. We should in the affirmative, the ayes have it. clean energy technology manufacturing and support efforts that seek to create sustainable Mr. RUSH. Mr. Speaker, on that I de- facilitate the export of clean energy technology products and services. Such assist- economic growth, increase employment, pro- mand the yeas and nays. ance shall include— ductivity, exports, and global competitiveness, The yeas and nays were ordered. (1) developing critical analysis of policies and that improve our national and homeland The SPEAKER pro tempore. Pursu- to reduce production costs and promote in- security. As other countries, including the ant to clause 8 of rule XX and the novation, investment, and productivity in United Kingdom, Canada, India, and China, Chair’s prior announcement, further the clean energy technology sector; have already engaged in similar strategic de- proceedings on this motion will be (2) helping educate companies about how velopment plans for manufacturing, it is only postponed. to tailor their activities to specific markets fitting that the world’s largest manufacturing with respect to their product slate, financ- f ing, marketing, assembly, and logistics; nation do the same. I have supported for a b 1120 (3) helping United States companies learn long time America moving back to making about the export process and export opportu- products and creating jobs. It is long overdue. CLEAN ENERGY TECHNOLOGY nities in foreign markets; Furthermore, as this bill does not call for MANUFACTURING AND EXPORT (4) helping United States companies to mandatory action, its benefit is purely inherent ASSISTANCE ACT OF 2010 navigate foreign markets; and in the positive effects of information and pre- Mr. DEUTCH. Mr. Speaker, I move to (5) helping United States companies provide input regarding clean energy tech- emptive planning. Therefore, the door remains suspend the rules and pass the bill open for governmental action that may need nology manufacturing and trade policy de- (H.R. 5156) to provide for the establish- velopments and trade promotion. to be taken in order to promote growth and ment of a Clean Energy Technology provide efficient outcomes in the manufac- (d) REPORTS TO CONGRESS.— Manufacturing and Export Assistance (1) Not later than 180 days after the date of turing industry. I strongly believe that more in- Fund to assist United States businesses formation and strategic planning in the im- enactment of this Act, the Secretary shall with exporting clean energy tech- transmit to the Congress a report indicating mense manufacturing sector can only put the nology products and services, as how the funds provided under this section nation’s economy in a better position for the amended. will be used to— future. The Clerk read the title of the bill. (A) focus on small and medium-sized For these reasons I urge my colleagues to The text of the bill is as follows: United States businesses; support H.R. 4692. (B) encourage the creation and mainte- H.R. 5156 Mr. DINGELL. Mr. Speaker, I rise in support nance of the greatest number of clean energy of H.R. 4692, the National Manufacturing Be it enacted by the Senate and House of Rep- technology jobs in the United States; and resentatives of the United States of America in (C) encourage the domestic production of Strategy Act of 2010, of which I am an original Congress assembled, co-sponsor. I wish to commend my friend, clean energy technology products and serv- SECTION 1. SHORT TITLE. ices, including materials, components, equip- Congressman LIPINSKI of Illinois for his fine This Act may be cited as the ‘‘Clean En- ment, parts, and supplies related in any way work in authoring this important piece of legis- ergy Technology Manufacturing and Export to the product or service. lation. Assistance Act of 2010’’. (2) Not later than January 1, 2015, the Sec- In light of the pressing need to create and SEC. 2. CLEAN ENERGY TECHNOLOGY MANUFAC- retary shall transmit to the Congress a re- maintain good-paying jobs in this country, it is TURING AND EXPORT ASSISTANCE port assessing the extent to which the pro- imperative we pass H.R. 4692. This bill will FUND. gram established under this section— mandate that the President develop a national (a) DEFINITIONS.—For purposes of this sec- (A) has been successful in developing crit- manufacturing strategy and update it every tion— ical analysis of policies to reduce production (1) the term ‘‘clean energy technology’’ costs and promote innovation, investment, four years. It is crucial that the federal govern- means a technology related to the produc- and productivity in the clean energy tech- ment support domestic manufacturing, which tion, use, transmission, storage, control, or nology sector; has been a traditional driver of middle-class conservation of energy that will contribute (B) has been successful in increasing the growth. I am particularly glad that H.R. 4692 to a stabilization of atmospheric greenhouse competitiveness of United States clean en- includes a requirement that the President con- gas concentrations through reduction, avoid- ergy technology firms in emerging markets;

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6180 CONGRESSIONAL RECORD — HOUSE July 28, 2010 (C) has been successful in assisting United Obama remarked last month, the tran- and thereby strengthening our energy States businesses, specifically small and me- sition to clean energy has the potential security, and as I was mentioning, also dium-sized firms, with exporting clean en- to grow our economy and create mil- keeping energy costs low. The second ergy technology products and services; lions of jobs as we move out of this re- was to include a provision that explic- (D) has been successful in creating jobs directly related to the clean energy technology cession. itly prohibits any of the $75 million to sector in the United States, including spe- Despite a global decrease in clean en- be allocated in the form of grants. cific information as to the nature, location, ergy investments last year, the United However, if this Congress and this ad- and duration of those jobs and the method- States continued to increase invest- ministration truly want to revitalize ology used by the Secretary to compile such ments in this sector. For the second the manufacturing sector, the easiest information; consecutive year, the United States path would be to pass the existing free (E) has been successful in helping United added more power capacity from re- trade agreements that are pending: States companies provide input regarding newable energy, solar and wind, for ex- South Korea, Colombia, and Panama. clean energy technology manufacturing and trade policy developments and trade pro- ample, than from conventional energy These are all gains for us. In any promotion; and sources. But the United States still jection by any export strategy, these (F) should be continued. trails Germany and China in renewable are gains in the manufacturing sector (e) AUTHORIZATION OF APPROPRIATIONS.— energy investments. This important and in some of the agricultural sector (1) IN GENERAL.—There are authorized to be legislation will help eliminate this gap I’ll talk about later. appropriated to the Secretary for carrying by harnessing the creativity and inno- We always have to be concerned. Jobs out this section $15,000,000 for each of the fis- vation of American entrepreneurs and and the economy is the number one cal years 2011 through 2015. making the United States more com- issue in the country, but trailing close (2) LIMITATION.—No assistance provided behind is the deficit and the national using funds appropriated pursuant to this petitive in a global market that section shall be provided in the form of a reached over $160 billion last year. debt. So we’ve been harping on the fact monetary grant. Mr. Speaker, this bill will help create that we really need things paid for high quality jobs for American work- The SPEAKER pro tempore. Pursu- now. The public is not allowing us to ers. I would like to thank my friend ant to the rule, the gentleman from go along, continuing with multiple au- and colleague from California (Ms. thorizations without saying these Florida (Mr. DEUTCH) and the gen- MATSUI) for authoring this legislation, things have to be paid for, and as we’ve tleman from Illinois (Mr. SHIMKUS) each will control 20 minutes. and I urge my colleagues to support said in numerous other debates, if it’s The Chair recognizes the gentleman this important legislation. important enough to do, it is impor- Mr. Speaker, I reserve the balance of from Florida. tant enough to pay for. my time. I will just read from the CBO, ‘‘Fed- GENERAL LEAVE Mr. SHIMKUS. Mr. Speaker, I yield eral Debt and the Risk of a Fiscal Cri- Mr. DEUTCH. Mr. Speaker, I ask myself such time as I may consume. sis, Economic and Budget Issue Brief’’ unanimous consent that all Members I would remind my colleague that dated July 27. ‘‘Unless policymakers,’’ may have 5 legislative days to revise wind and solar power is high-cost that’s us, ‘‘unless policymakers re- and extend their remarks and include power. Wind and solar costs on average strain the growth of spending,’’ which extraneous material on the bill under three times more per kilowatt hour. is what we’re not doing today, ‘‘in- consideration. That’s the whole energy debate. That’s crease revenues significantly as a share The SPEAKER pro tempore. Is there why you have to have low energy of GDP, or adopt some combination of objection to the request of the gen- prices if you want jobs. And everybody those two approaches, growing budget tleman from Florida? thinks it’s free. It’s not free. It’s more deficits will cause debt to rise to There was no objection. expensive energy. unsupportable levels.’’ Mr. DEUTCH. I also ask unanimous But I’m here to thank my colleague I would submit that we’re already at consent for Mr. RUSH of Illinois to con- and friend, Congresswoman MATSUI, for unsupportable levels, and so that’s why trol the time after my opening re- her bill, H.R. 5156. That’s what we’re we do support the bill. But we will al- marks. addressing today, the Clean Energy ways be looking for and making sure The SPEAKER pro tempore. Is there Technology Manufacturing and Export that additional spending and growth is objection to the request of the gen- Assistance Act. This came through the offset with pay-fors. tleman from Florida? Commerce, Trade and Consumer Pro- I reserve the balance of my time. There was no objection. tection Subcommittee of the Energy Mr. RUSH. Mr. Speaker, I yield 6 Mr. DEUTCH. Mr. Speaker, I rise in and Commerce Committee on June 30 minutes to the author of the legisla- strong support of this legislation, and I and in a markup of the full committee tion, my dear friend from California yield myself such time as I may con- on July 21, both times passing by voice (Ms. MATSUI). sume. vote, and it’s to her credit for her great Ms. MATSUI. Thank you, Mr. Chair- Mr. Speaker, the Clean Energy Tech- work in a bipartisan manner. man, for your leadership. nology Manufacturing and Export As- The purpose of this bill is to create a Mr. Speaker, I rise in strong support sistance Act, H.R. 5156, will help Amer- 5-year, $15 million annual assistance of my legislation, H.R. 5156, the Clean ican companies develop, manufacture, fund within the Department of Com- Energy Technology Manufacturing and and export clean and renewable energy merce International Trade Administra- Export Assistance Act of 2010. technologies around the world. Most tion. The purpose of the fund is to pro- Our Nation is running a trade deficit importantly, this bill will help create mote policies to reduce production in green technologies ranging in the high quality jobs for American work- costs, encourage innovation and invest- billions, and the U.S. clean tech indus- ers. ment, and create a clean energy export try is lagging behind many of its com- The bill establishes a fund in the De- strategy. petitors in exports, most notably China partment of Commerce to promote I also commend the chairman of the and Germany. policies that reduce costs and encour- subcommittee, my good friend BOBBY Currently, only six of the top 30 glob- age innovation and investment in the RUSH, for working with the minority to al clean energy companies are Amer- clean energy industry. The fund, which address our concerns and for offering a ican-owned. This is simply unaccept- focuses on small- and medium-sized manager’s amendment at the sub- able. We must not become a Nation de- businesses, will also help American committee markup that made two im- pendent on foreign clean energy prod- companies target foreign markets for portant changes. The first was to ucts. We must be the Nation that leads exports. This will help us meet the amend the definition of clean energy the world in manufacturing and export- President’s goal of doubling American technology so that the definition would ing clean energy technologies. That is exports over the next 5 years. include nuclear energy and carbon cap- why I, along with Chairmen RUSH and Finally, H.R. 5156 would give busi- ture and sequestration. It is important DINGELL and Congresswoman ESHOO, nesses the opportunity to provide their to recognize that nuclear power and introduced H.R. 5156 to boost the com- own voice and input into U.S. manufac- clean coal are essential elements to repetitiveness of the U.S. clean energy turing and trade policies. As President ducing our dependence on foreign oil industry.

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 28, 2010 CONGRESSIONAL RECORD — HOUSE H6181 Specifically, the bill would require a dime to our deficit. The measure We leave here, I guess, sometime Fri- the Department of Commerce, in co- would have to fit within our budget day afternoon, and we will be in our ordination with relevant agencies, to caps during the congressional appro- district work period this year for not 1 implement, develop and sustain a Na- priation process. month but probably 6 weeks. We have tional Clean Energy Technology Ex- The bill would not affect direct got to face these people, not just me in port Strategy to provide U.S. clean spending or revenues. Therefore, the 11th Congressional District of tech firms with export assistance in PAYGO procedures would not apply, Georgia, but every one of us. All 435 of finding and navigating foreign markets and it does not violate PAYGO rules. us have got to go home and look these to sell their goods and services to new Mr. Speaker, during the Energy and folks in the eye. customers. Commerce markup of this bill, we in- We have to say, you know, I am try- The President has laid out a laudable cluded several changes that my Repub- ing to explain to you why, in our last goal to double U.S. exports over the lican colleagues recommended; most week before our break, we authorized next 5 years, and this legislation will notably, working in a bipartisan man- another $75 million worth of spending, ensure clean energy exports are at the ner, we expanded the definition of adding to the $1.4 trillion deficit this forefront of our national export strat- ‘‘clean energy technology.’’ year and, indeed, finally adding to the egy. The bill will also help strengthen We also include a transparency provi- national debt which is now, as we all America’s domestic clean tech manu- sion that requires the Commerce De- know, over $13 trillion, something like facturing industry. partment to report back to Congress 95 percent of our gross domestic prod- Mr. Speaker, I am pleased that this within 180 days of enactment, a plan to uct. That makes no sense. legislation is a part of the Make It in assist small and medium-sized busi- Again, with all due respect, I know America manufacturing agenda to nesses, encourage job growth in the these bills came through committee, demonstrate this Congress’ commit- U.S. clean energy sector, and encour- voice voted in subcommittee and full ment to the U.S. domestic manufac- age greater domestic manufacturing of committee, but there were concerns. clean energy products. turing industry, and I applaud the ma- There were concerns about the spend- H.R. 5156 will also enhance our stand- jority leader’s leadership in this. ing. ing in the race to be the global leader This legislation encourages Amer- Representative PARKER GRIFFITH, Mr. in clean energy. The BP oil spill only ican clean energy manufacturers across Speaker, our colleague from Alabama, underscores the need for leadership in had an amendment. He said, Look, we the Nation to sell their American-made the clean energy market, and this bill need deficit neutrality in this bill. clean energy technologies here in will send a strong message that Amer- That was one thing that we did vote America and around the world. ica is serious about being the leader on, that amendment, and it failed b 1130 and producing and exporting these along party lines 30–15, even though technologies. This is also about jobs. The Depart- the majority party keeps saying, well, ment of Energy has found that the I urge my colleagues to support this legislation, which will support clean you know, we honor PAYGO—except emerging U.S. clean energy sector when we don’t honor it. could create more than 750,000 jobs energy products being made in America and, in turn, will help families make it Again, my colleague from California over the next decade. The clean energy is a most respected Member of the emerging economy is one that we can- in America. Mr. SHIMKUS. Mr. Speaker, I yield committee and this House. As a friend not afford to let pass us by. such time as he may consume to the of mine, she is trying, just as Rep- Mr. Speaker, my home district of gentleman from Georgia (Mr. resentative LIPINSKI was trying with Sacramento is well positioned to be a GINGREY). his bill. But let’s get the job done by national leader in manufacturing clean Mr. GINGREY of Georgia. I thank lowering corporate tax rates and tak- energy technologies, with more than the gentleman for yielding. ing the burden, the regulatory burden 120 small and medium-sized clean en- Mr. Speaker, as I stood a few minutes off of our manufacturers, and go ahead ergy companies in the region. Many of before in expressing my concerns about and pass these free trade agreements these companies are beginning to man- the bill that Representative LIPINSKI with Colombia, South Korea, and Pan- ufacture clean energy products or are brought forth, the same issue exists ama. seeking to expand their manufacturing with regard to my good friend from They have been negotiated to a fare- operation and wanting to export California (Ms. MATSUI) regarding H.R. thee-well, and I think the Democratic through clean energy technologies to 5156, Clean Energy Technology Manu- majority ought to explain to the Amer- foreign markets. facturing and Export Assistance Act. ican people why we don’t do that. However, unlike big U.S. companies, Ms. MATSUI, Mr. Speaker, just mo- That’s what we need to do to grow jobs small and medium-sized firms simply mentarily said we need to be exporting immediately and not just continue to do not have the resources and expertise clean energy technology. Well, with all kick the can down the road and study to find and navigate foreign markets due respect, what we need to be export- it and study it and study it with an un- and are seeking assistance. In fact, ac- ing is beef and pork and corn and soy- employment rate of 10 percent and 16 cording to the Trade Promotion Co- beans and, yes, Harley Davidson would million people, many of them in the ordinating Committee, more than 30 like to export a few motorcycles to Co- manufacturing sector—in fact, 2 mil- percent of nonexporting small and me- lombia, but they can’t do it because lion manufacturing jobs have been lost dium-sized companies would export if they face such a high tariff. in the last couple of years. they had more access to market infor- Again, the bill is fine as far as it This has got to stop. mation, export opportunities, and the goes, other than the fact that you are Mr. RUSH. Mr. Speaker, it is my export process. Many of these compa- authorizing another $75 million. And honor and privilege to yield 3 minutes nies have validated their clean energy you can say, well, it’s an authorization; to the dean of the House and the chair- technologies and are now looking to it’s not an appropriation. But if you man emeritus of the Energy and Com- expand their businesses by exporting give permission within committee to merce Committee, my dear friend Mr. their goods and services to new foreign let those that do the appropriating, DINGELL. markets but actually lack the re- you essentially open up the floodgates (Mr. DINGELL asked and was given sources to do so. for 75 additional million dollars of tax- permission to revise and extend his re- Mr. Speaker, let me briefly clarify payer-funded programs. marks.) that this bill provides a modest author- As President Reagan said, you know, Mr. DINGELL. Mr. Speaker, I rise in ization to help American small busi- government is not the solution to our strong support of H.R. 5156, the Clean nesses with the manufacturing and ex- problems; it is the problem. More and Energy Technology Manufacturing and port assistance they are seeking. more government growth, spending, Export Assistance Act. It is not an appropriations bill. As deficit debt, Mr. Speaker and my col- I commend my good friend from Illi- my colleagues on the other side are leagues, the American people have spo- nois for the outstanding work he did in aware, authorization measures do not ken. I’m going to tell you they are leading the subcommittee and moving appropriate funds and they do not add going to speak again. this and the other legislation forward

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6182 CONGRESSIONAL RECORD — HOUSE July 28, 2010 today, and I also commend my col- Mr. DINGELL. I would urge my col- President’s promise of doubling exports leagues, Ms. MATSUI and Ms. ESHOO, as leagues on the other side to join us. in 5 years, we ought to move on these well as Mr. RUSH, for their original co- Let us move forward towards jobs; let three free trade agreements—Panama, sponsorship, of which I am also proud us move forward towards economic de- Colombia, South Korea. As was stated, to be one. velopment and activity; let us move Harley Davidson would like to export This bill will build up domestic man- forward towards cooperation on impor- motorcycles to Colombia, but they face ufacturing by promoting exports and tant matters, like seeing to it that the a high tariff. A tariff is a tax. The tax clean energy technologies and will help economy gets moving and Americans imposed by Colombia is the only thing the United States develop an early are going back to work. that makes our motorcycles not com- competitive advantage in this area. I Let’s not sit around here whining and petitive in Colombia—and that’s not urge my colleagues on both sides of the complaining about situations about Columbia, South Carolina, that’s the aisle, especially my good Republican which we have nobody at this par- country of Colombia. friends, to join us in moving this legis- ticular minute at this particular time Caterpillar would like to export more lation forward. to address it. But we are addressing to Panama. Of course Caterpillar is a Now, we hear some objections to the three pieces of legislation that are great Illinois company, big Earth-mov- bill’s costs. It’s time they be reminded going to make economic prosperity a ing equipment. If there is talk of a new that this is not an appropriation but an greater reality and a more real object Panama Canal being built, we would authorization. Moreover, should the of our attentions. like Caterpillar equipment building funds be appropriated, H.R. 5156 will I urge my Republican colleagues to that. What prohibits that? A high im- more than pay for itself through the cease this nitpicking on the floor and port tax. That’s why we have trade ne- growth in tax receipts from increased this nattering, which I’m hearing com- gotiations. And of course my corn and corporate revenue. The Department of ing from the other side, and work with soybean, my pork producers and my Commerce estimates that every dollar us to put Americans back to work. And beef producers would like to be in those invested in export promotion generates let us understand that the people have markets. $56 worth of exports. spoken in the last election, and they So this is an important bill to talk I urge my colleagues again to join me spoke for jobs and change. We are try- about ‘‘green’’ industry and environ- in moving this forward. ing to give it to them, and we invite ment. I want to remind my folks that b 1140 our Republican colleagues to give us a according to industry observers, lack Thus in a corporate tax rate of 35 little bit of that cooperation that will of market expertise is not among the percent, additional revenues of only $40 enable us to move more easily forward. primary trade barriers. The three pri- million a year would have to be gen- I thank my colleagues. mary barriers to market entry are ac- erated to cover the bill’s annual $15 Mr. SHIMKUS. Mr. Speaker, I yield cess to raw materials, labor rate com- million authorization. This is more myself such time as I may consume. parisons, and access to foreign mar- than double that which is based on the I am always honored to follow the kets. This bill does nothing to address Department of Commerce’s export pro- dean of the House, Mr. DINGELL, who is the serious market barriers. It also cre- motion cost benefit analysis. well known for his oratory ability and ates a risk of stifling future innovation Mr. Speaker, if my Republican and his passion, and we have great respect. and development once government Democratic colleagues are truly con- But I have a few things to remind him picks winners and losers. The market cerned about promoting job growth and too. will direct innovation and development improving the economy, they should We passed a $1.2 trillion stimulus bill once the government picks winners and vote in favor of this eminently sensible that was promised to reduce unemploy- losers. bill. ment to 8 percent. Our unemployment Furthermore, China announced in I’ve been a little distressed to hear is at 9.5 percent. We have 15 million un- the first week of July that it will cut my colleagues on the other side of the employed Americans. Our issue is let’s rare Earth exports by 72 percent for the aisle making a fuss about the fact that do things that help create jobs. And if second half of this year. Rare Earth ex- they don’t like things like cap-and- we want to talk, you ought to go to the ports are the minerals needed in the trade and other matters. That bill is businesses that want to create jobs and green economy. They’re going to con- not before us, and most of the other they will tell you a cap-and-trade bill trol it. They’re going to cut their ex- questions are not before us. I would re- that raises carbon prices and energy ports. That’s what we need, these min- mind my colleagues here that we are cost does not help create jobs; in fact, erals, to build this stuff. These re- discussing increasing job opportunities it destroys jobs. It raises gasoline sources are used in green tech- at home by exporting things which are prices, at a minimum, 50 cents. It nologies—in wind turbines, hybrid ve- valuable and which help the world and raises electricity rates. It raises con- hicles, as well as in national security which help the United States. I would sumer rates for what they pay for and defense system, in consumer prod- remind my colleagues that they are home electricity or home heating. And ucts such as new batteries on the better served to light a little candle those are just the facts. Chevy Volt, mobile phones, PDAs and rather than to sit there quietly and to We are $13.5 trillion in debt. Now, MP–3s. This cut will drop the amount curse the darkness. part of my life—I don’t talk about it of exports from just over 28,000 metric When this administration came in, I very much—I taught high school for 4 tons to just under 8,000 metric tons for would remind my colleagues that the years, and I taught government his- the same period as last year. previous administration had left us two tory. This authorization and appropria- So we have a challenge. We ought to wars, a depression, and a deficit of $1.3 tion debate is important because au- be negotiating. We ought to get these trillion. We are still trying to dig out thorizing gives us the right to appro- rare Earth minerals released, or we of the mess which was left us by our priate. You shouldn’t—we do it some- ought to allow permitting to redevelop Republican colleagues, and I would times—you should not appropriate our mining operations for our rare urge them to cooperate with us and to without an authorization. So you can’t Earth minerals. One is shut down; it focus on the important things about hide behind the argument that it’s just will take us forever to re-permit it. creating jobs and getting opportunity an authorization, it means nothing. Naturally we ought to be focusing on and economic activity going forward. Well, it does mean something. It does it. To continue the kind of self-defeating mean that you could go and get the Congresswoman MATSUI is a well-re- program that my Republicans seem to money. If you don’t authorize, you spected member of the committee; we be sponsoring on the other side of the shouldn’t. So that is why we are having appreciate her good work. Of course, aisle—— this debate. $13.5 trillion. The public is BOBBY RUSH, the chairman, does a The SPEAKER pro tempore. The concerned about debt and spending. great job in the city of Chicago. We ap- time of the gentleman has expired. We can have a lot of feel-good legisla- preciate the friendship. Unfortunately, Mr. RUSH. Mr. Speaker, I yield 1 ad- tion on the floor, and my colleagues we have to bring up other issues, but ditional minute to the gentleman from are well-intentioned; but if we want to that is part of being the loyal opposi- Michigan. do things, if we want to fulfill the tion in these austere times.

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 28, 2010 CONGRESSIONAL RECORD — HOUSE H6183 Mr. Speaker, I yield back the balance leader in offshore technology; we A motion to reconsider was laid on of my time. should also be a leader in green and the table. Mr. RUSH. Mr. Speaker, I yield my- clean technology exports. When I say f self such time as I may consume. ‘‘clean,’’ Mr. Speaker, I also mean re- ESTABLISHING EMERGENCY Mr. Speaker, let me return our atten- sponsible energy technology. TRADE DEFICIT COMMISSION tion to the matter at hand, to the issue This bill is results-oriented because I that is before us. have added language that helps us to Mr. LEVIN. Mr. Speaker, I move to I want to, first of all, thank our evaluate the impact of this program on suspend the rules and pass the bill chairman of the committee, Mr. WAX- its ability to create jobs, including the (H.R. 1875) to establish an Emergency MAN, Chairman WAXMAN, and also the gathering of specific information as to Commission to End the Trade Deficit, ranking member of the subcommittee, the nature, location, and the duration as amended. Mr. WHITFIELD, for their vigorous sup- of those jobs, as well as the method- The Clerk read the title of the bill. port of H.R. 5156, the Clean Energy ology used by the Secretary to compile The text of the bill is as follows: Technology Manufacturing and Export such needed and necessary informa- H.R. 1875 Assistance Act of 2010. I was proud to tion. Be it enacted by the Senate and House of Rep- Mr. Speaker, the jabbering and the resentatives of the United States of America in cosponsor the bill with the author, Congress assembled, Congresswoman MATSUI of California, nattering, let’s bring that to a screech- ing halt on this bill. This is an impor- SECTION 1. FINDINGS. and also with my other cosponsors, Congress makes the following findings: Congresswoman ESHOO and our chair- tant bill. This bill has to go forward. It (1) The United States has run persistent man emeritus, JOHN DINGELL. has to go forward for the American trade deficits since 1978, and many of such people. It has to go forward for the trade deficits since 2000 have been especially b 1150 American economy. It has to go for- large. I want to thank this lady to my left, ward so that we can once again assert (2) There appeared to be some improve- Congresswoman MATSUI, for her stellar our leadership across the world in the ments in the United States trade balance in leadership and for taking the lead on manufacturing sector, the green and 2009, but this was during a time of global this critical issue. clean manufacturing sector. economic crisis, and the reduction in the I urge my colleagues to vote in favor United States trade deficit appears to be at- I am asking my colleagues today to tributable to a shrinking United States de- vote on this bill, a bill which addresses of this bill and to expand their commit- mand for imports rather than an increase in the challenges that we face in today’s ment to significantly increase our ex- United States exports. economy. My friends on the other side ports. (3) Many of the trade deficits are struc- want to bring up a whole lot of other Ms. JACKSON LEE of Texas. Mr. Speaker, tural—that is, with the same countries, year issues. They want to throw a lot of I rise today in support of H.R. 5156, the after year. In 2009, the United States contin- things on the floor. They want to try ‘‘Clean Energy Technology Manufacturing and ued to have significant merchandise trade to baffle us with a lot of their sidebar Export Assistance Act of 2010’’. This legisla- deficits with the People’s Republic of China tion, which provides for the establishment of a ($226.8 billion), the European Union ($60.5 bil- discussion. lion), Japan ($44.7 billion), and Mexico ($47.5 Yet this bill, the bill that is before us Clean Energy Technology Manufacturing and Export Assistance Fund, will go a long way to billion), notwithstanding the overall decline today, will help to increase American in the United States trade deficit. In fact, in manufacturers’ green products through ensure that American clean energy technology 2009, China accounted for 44 percent of the the establishment of a Clean Energy firms possess the information and assistance United States merchandise trade deficit. Technology Manufacturing and Export required to become and remain competitive in (4) While the United States has one of the Assistance Fund to assist U.S. busi- the world markets. The bill will also focus our most open borders and economies in the nesses with exporting clean energy priorities in the energy sector to reduce pro- world, the United States faces significant tariff and non tariff trade barriers with its technology, products, and services. duction costs, encourage innovation, and promote investment and productivity. trading partners. We all, Mr. Speaker, know that (5) The causes and consequences of the America is a prime market for foreign Mr. Speaker it is imperative that the U.S. remain a leader in global exports of innovative United States trade deficit must be docu- manufacturers. The other side doesn’t mented and recommendations must be devel- technology, particularly clean energy. It is no want to deal with the issues that we oped to expeditiously address structural im- are discussing in this bill. Though, I secret that our dependence on foreign oil and balances in the trade deficit. other fossil fuel energy sources is too great. must remind all of us that, far too SEC. 2. ESTABLISHMENT OF COMMISSION. The Clean Energy Technology Manufacturing often, the U.S. market is open to ev- (a) ESTABLISHMENT.—There is established a and Export Assistance Act of 2010 will assist commission to be known as the Emergency erybody else—open to global manufac- us in our efforts to move away from this prob- Trade Deficit Commission (in this Act re- turers—but sadly, the converse is not lematic energy paradigm. It will provide our ferred to as the ‘‘Commission’’). always the case. This is the case, how- domestic clean energy firms the means to (b) MEMBERSHIP OF COMMISSION.— ever, for green technology products as (1) COMPOSITION.—The Commission shall be keep the U.S. ahead of the curve. composed of 11 members, of whom— our Nation is in a unique position to This bill directs the Secretary to provide in- once again lead on a global scale. (A) three persons shall be appointed by the formation, tools, and other assistance to U.S. President, of whom one shall be appointed to The U.S. manufacturing industry businesses to promote clean energy tech- faces serious challenges overseas de- represent labor interests, one shall be ap- nology manufacturing and facilitate the export pointed to represent small businesses, and spite the fact that we are a leader in of clean energy technology products and serv- one shall be appointed to represent manufac- green technology. As I have said re- ices. It also promotes the implementation of a turing interests; peatedly, we must seize the energy op- national clean energy technology export strat- (B) two persons shall be appointed by the portunity that we have today lest we egy. President pro tempore of the Senate upon slip further behind to foreign competi- Mr. Speaker, this bill is a practical means to the recommendation of the Majority Leader tion. We must seize the time, Mr. of the Senate, after consultation with the assist our direction in clean energy tech- Chairman of the Committee on Finance of Speaker, and now is the time. Now is nology. For these reasons I urge my col- the time. There is no other time like the Senate; leagues to support H.R. 5156. (C) two persons shall be appointed by the this time. Now is the time. Mr. RUSH. Mr. Speaker, with that, I President pro tempore of the Senate upon We need a strong domestic policy to yield back the balance of my time. the recommendation of the Minority Leader allow the manufacturing industry to be The SPEAKER pro tempore. The of the Senate, after consultation with the confident enough to penetrate the question is on the motion offered by ranking minority member of the Committee international market. Also, it is equal- the gentleman from Florida (Mr. on Finance of the Senate; ly important to strengthen and trans- DEUTCH) that the House suspend the (D) two persons shall be appointed by the form our economy and, in doing so, to rules and pass the bill, H.R. 5156, as Speaker of the House of Representatives, further assert our global leadership. after consultation with the Chairman of the amended. Committee on Ways and Means of the House The disaster that continues to take The question was taken; and (two- of Representatives; and place in the Gulf of Mexico in the thirds being in the affirmative) the (E) two persons shall be appointed by the aftermath of the BP oil spill is a wake- rules were suspended and the bill, as Minority Leader of the House of Representa- up call. We should not only be a global amended, was passed. tives, after consultation with the ranking

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6184 CONGRESSIONAL RECORD — HOUSE July 28, 2010 minority member of the Committee on Ways (B) the impact of investment, offset, and and globally, including those policies of the and Means of the House of Representatives. technology transfer requirements by such United States and other countries that have (2) QUALIFICATIONS OF MEMBERS.— countries; been successful in promoting competitive- (A) PRESIDENTIAL APPOINTMENTS.—Of the (C) any impact due to the failure of such ness; persons appointed under paragraph (1)(A), countries to adhere to internationally-recog- (4) address ways to improve the coordina- not more than one may be an officer, em- nized labor standards, including the extent tion and accountability of Federal depart- ployee, or paid consultant of the executive to which such failure affects conditions of ments and agencies relating to trade; and branch. competition with the United States or the (5) examine ways to improve the adequacy (B) OTHER APPOINTMENTS.—Persons ap- ability of consumers in such countries to buy of the collection and reporting of trade data, pointed under subparagraph (B), (C), (D), or United States goods and services; including identifying and developing addi- (E) of paragraph (1) shall be persons who— (D) any impact due to differences in levels tional databases and economic measure- (i) have expertise in economics, inter- of environmental protection and enforce- ments that may be needed to properly assess national trade, manufacturing, labor, envi- ment of environmental laws between such the causes and consequences of the United ronment, or business, or have other perti- countries and the United States, including States trade deficit. nent qualifications or experience; and the extent to which such differences affect SEC. 4. REPORT. (ii) are not officers or employees of the conditions of competition with the United (a) REPORT.—Not later than 16 months United States. States; after the date of the enactment of this Act, (C) OTHER CONSIDERATIONS.—In appointing (E) policies maintained by such countries the Commission shall submit to the Presi- members of the Commission, every effort that assist manufacturers in such countries, dent and the Committee on Ways and Means shall be made to ensure that the members— including the impact of such policies on of the House of Representatives and the (i) are representative of a broad cross-sec- manufacturers in the United States; and Committee on Finance of the Senate a report tion of economic and trade perspectives (F) the impact of border tax adjustments that contains— within the United States; and by such countries; (1) the findings and conclusions of the (ii) provide fresh insights to in identifying (3) examine the impact of free trade agree- Commission described in section 3; and ments on the United States trade deficit; the causes and consequences of the United (2) any recommendations for administra- (4) examine the impact of investment flows States trade deficit and developing rective and legislative actions as the Commis- both into and out of the United States on the ommendations to address structural trade sion considers necessary. trade deficit, including— imbalances. (b) SEPARATE VIEWS.—Any member of the (A) the impact of United States outbound (c) PERIOD OF APPOINTMENT; VACANCIES.— Commission may submit additional findings investment on the United States trade def- (1) IN GENERAL.—Members shall be ap- and recommendations as part of the report. icit and on standards of living and produc- pointed not later than 60 days after the date SEC. 5. POWERS OF COMMISSION. of the enactment of this Act and the ap- tion in the United States; (B) the impact that the relocation of pro- (a) HEARINGS.—The Commission may hold pointment shall be for the life of the Com- such hearings, sit and act at such times and mission. duction facilities overseas has on the United States trade deficit, including by reviewing places, take such testimony, and receive (2) VACANCIES.—Any vacancy in the Com- such evidence as the Commission considers mission shall not affect its powers, but shall major domestic plant closures over an appropriate representative period to determine advisable to carry out this Act. The Commis- be filled in the same manner as the original sion shall hold at least seven public hear- appointment was made. how much production terminated from such closures was relocated offshore; ings, one or more in Washington, D.C., and (d) INITIAL MEETING.—Not later than 30 four in different regions of the United days after the date on which all members of (C) the impact of foreign direct investment in the United States on the United States States. the Commission have been appointed, the (b) INFORMATION FROM FEDERAL AGEN- Commission shall hold its first meeting. trade deficit and on standards of living and production in the United States; and CIES.—The Commission may secure directly (e) MEETINGS.—The Commission shall meet from any Federal department or agency such at the call of the Chairperson. (D) the impact of United States bilateral investment treaties, including bilateral in- information as the Commission considers (f) CHAIRPERSON AND VICE CHAIRPERSON.— necessary to carry out this Act. Upon re- The members of the Commission shall elect vestment treaties under negotiation, on the United States trade deficit; quest of the Chairperson of the Commission, a chairperson and vice chairperson from the head of such department or agency shall among the members of the Commission. (5) examine the role and impact of imports of oil and other energy products on the furnish such information to the Commission. (g) QUORUM.—A majority of the members of United States trade deficit; and (c) POSTAL SERVICES.—The Commission the Commission shall constitute a quorum may use the United States mails in the same for the transaction of business. (6) assess the extent to which United States foreign policy interests influence manner and under the same conditions as (h) VOTING.—Each member of the Commis- other Federal departments and agencies. sion shall be entitled to one vote, which United States economic and trade policies. (c) CONSEQUENCES OF U.S. TRADE DEFICIT.— SEC. 6. COMMISSION PERSONNEL MATTERS. shall be equal to the vote of every other In examining the consequences of the United (a) COMPENSATION OF MEMBERS.—Each member of the Commission. States trade deficit, the Commission shall, member of the Commission who is not an of- SEC. 3. DUTIES OF THE COMMISSION. among other things— ficer or employee of the Federal Government (a) IN GENERAL.—The Commission shall be (1) identify and, to the extent practicable, shall be compensated at a rate equal to the responsible for examining the nature, causes, quantify the impact of the trade deficit on daily equivalent of the annual rate of basic and consequences of the United States trade the overall domestic economy, and, with re- pay prescribed for level IV of the Executive deficit and providing recommendations on spect to different sectors of the economy, on Schedule under section 5315 of title 5, United how to address and reduce structural trade manufacturing capacity, on the number and States Code, for each day (including travel imbalances, including with respect to the quality of jobs, on wages, and on health, time) during which such member is engaged United States merchandise trade deficit, in safety, and environmental standards; in the performance of the duties of the Com- order to promote sustainable economic (2) assess the effects the trade deficits in mission. All members of the Commission growth that provides broad-based income the areas of manufacturing and technology who are officers or employees of the United and employment gains. have on defense production and innovation States shall serve without compensation in (b) CAUSES OF U.S. TRADE DEFICIT.—In ex- capabilities of the United States; and addition to that received for their services as amining the causes of the United States (3) assess the impact of significant, per- officers or employees of the United States. trade deficit, the Commission shall, among sistent trade deficits, including sectoral and (b) TRAVEL EXPENSES.—The members of other things— bilateral trade deficits, on United States the Commission shall be allowed travel ex- (1) identify and assess the impact of macro- economic growth. penses, including per diem in lieu of subsist- economic factors, including currency prac- (d) RECOMMENDATIONS.—In making rec- ence, at rates authorized for employees of tices, foreign government purchases of ommendations, the Commission shall, agencies under subchapter I of chapter 57 of United States assets, and savings and invest- among other things— title 5, United States Code, while away from ment rates, including savings rates of for- (1) identify specific strategies for achieving their homes or regular places of business in eign state-owned enterprises, on United improved trade balances with those coun- the performance of duties of the Commis- States bilateral trade imbalances and global tries with which the United States has sig- sion. trade imbalances; nificant, persistent sectoral or bilateral (c) STAFF.— (2) with respect to countries with which trade deficits; (1) IN GENERAL.—The Chairperson of the the United States has significant, persistent (2) identify United States trade policy Commission may, without regard to the civil sectoral or bilateral trade deficits, assess tools including enforcement mechanisms service laws and regulations, appoint and with respect to the magnitude and composi- that can be more effectively used to address terminate an executive director and such tion of such trade deficits— the underlying causes of structural trade other additional personnel as may be nec- (A) the impact of tariff and non tariff bar- deficits; essary to enable the Commission to perform riers maintained by such countries and the (3) identify domestic and trade policies its duties. The employment of an executive lack of reciprocal market access as a result that can enhance the competitiveness of director shall be subject to confirmation by of such barriers; United States manufacturers domestically the Commission.

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 28, 2010 CONGRESSIONAL RECORD — HOUSE H6185 (2) COMPENSATION.—The Chairperson of the surprise that global imbalances and, in tor. In my home State of Kentucky, Commission may fix the compensation of the particular, huge U.S. trade deficits nearly 50,000 manufacturing jobs are executive director and other personnel with- have contributed to the global eco- dependent on exports. The simple fact out regard to the provisions of chapter 51 and nomic crisis that we are slowly recov- is that 95 percent of the world’s con- subchapter III of chapter 53 of title 5, United States Code, relating to classification of po- ering from. Our trade deficits are im- sumers live outside the United States, sitions and General Schedule pay rates, ex- proving now, but this appears to be and the fastest growing markets are cept that the rate of pay for the executive di- largely due to a still weak economic outside our borders. So success in those rector and other personnel may not exceed recovery, not to any structural policy markets is critical to growing our the rate payable for level V of the Executive change, and many economists are manufacturing sector and creating Schedule under section 5316 of such title. warning that massive global imbal- good paying jobs. (d) DETAIL OF GOVERNMENT EMPLOYEES.— ances will return unless we take cor- As the President has noted, Amer- Any Federal Government employee may be rective action. ica’s exports of manufactured goods detailed to the Commission without reimbursement, and such detail shall be without Our recent trade deficits are due, in support one out of every five manufac- interruption or loss of civil service status or part, to a passive, hands-off approach turing jobs, and those jobs pay 15 per- privilege. to trade in the past. Proponents of this cent more than average. We simply (e) PROCUREMENT OF TEMPORARY AND flawed approach mistakenly believed must increase exports, and that’s the INTERMITTENT SERVICES.—The Chairperson of that our trade deficits would resolve key to any debate about the trade def- the Commission may procure temporary and themselves. Ignoring their effect on icit. intermittent services under section 3109(b) of U.S. manufacturers, they claim that If we’re going to be successful in title 5, United States Code, at rates for indi- growing U.S. exports and reducing the viduals which do not exceed the daily equiva- the mercantilistic practices of China lent of the annual rate of basic pay pre- and of some of our trade partners may deficit, we need to identify the best scribed for level V of the Executive Schedule be okay for the U.S. because they re- practices for doing so. We have real under section 5316 of such title. sult in cheaper imports for our con- world results that we can use to iden- SEC. 7. AUTHORIZATION OF APPROPRIATIONS; sumers. This is not a trade policy; this tify these best practices, and these GAO AUDIT. is a recipe for economic failure. facts show clearly that there has been (a) IN GENERAL.—There are authorized to As our President has said: Trade is no more effective way to reduce the be appropriated $2,000,000 to the Commission going to be reciprocal. It is not just trade deficit and create U.S. jobs than to carry out this Act. going to be a one-way street. negotiating new trade agreements to (b) GAO AUDIT.—Not later than 6 months open foreign markets to U.S. exports. after the date on which the Commission ter- Those words have been backed up by minates, the Comptroller General of the strong action, such as the China safe- The benefits of CAFTA to the United United States shall complete an audit of the guard action the administration took States manufacturing sectors and financial books and records of the Commis- last year. workers are clear. Because of this sion and shall submit a report on the audit To be sure, there are many causes of agreement, we swung a negative trade to the President and the Congress. our trade deficits, many causes which balance, a trade deficit in manufac- SEC. 8. TERMINATION OF COMMISSION. are not directly related to trade or to tured goods of $1.1 billion, to a trade The Commission shall terminate 30 days industrial policy. The fiscal deficits we surplus of $1.9 billion, and we already after the date on which the Commission sub- amassed over the past decade certainly have a surplus of $1.3 billion so far this mits its report under section 4(a). played a signature role, for example, year. The SPEAKER pro tempore. Pursu- and we need to confront those issues as Madam Speaker, in the manufac- ant to the rule, the gentleman from well. Trade can contribute substan- turing world, we’d never base our best Michigan (Mr. LEVIN) and the gen- tially to the strength of our economy, practices on just one successful out- tleman from Texas (Mr. BRADY) each but it has to be reciprocal. It has to be come. Fortunately, the success of the will control 20 minutes. two-way trade. Central America Free Trade Agree- The Chair recognizes the gentleman I believe that the work of the Emer- ment is not the only example we have. from Michigan. gency Trade Deficit Commission can The United States has implemented GENERAL LEAVE help us determine how best to achieve trade agreements with eight other Mr. LEVIN. Mr. Speaker, I ask unan- two-way trade. It can help us expand countries under the Trade Promotion imous consent that all Members may and shape trade to ensure that it is Authority. In 2009, the U.S. had an have 5 legislative days in which to re- working for working Americans. It can overall trade surplus of over $27 billion vise and extend their remarks. help us make a thing of the past these with these eight countries, and so far The SPEAKER pro tempore. Is there corrosive trade deficits that weaken in 2010, we have a surplus of over $14 objection to the request of the gen- our economy and hurt our workers and billion. tleman from Michigan? the manufacturers which employ them. And the results for the American There was no objection. I, therefore, urge my colleagues to manufacturing sector are even strong- Mr. LEVIN. I yield myself such time vote in favor of this important legisla- er. In 2009, the United States had a as I may consume. tion. trade surplus of over $29 billion with Mr. Speaker, I urge Members to sup- Madam Speaker, I reserve the bal- these countries, and in 2010, $16 billion. port H.R. 1875, a bill to establish an ance of my time. This is a track record that firmly es- Emergency Trade Deficit Commission. Mr. BRADY of Texas. Madam Speak- tablishes the aggressive pursuit of This commission will examine the er, at this point I yield 4 minutes to trade agreements as the best practice causes and the consequences of the the gentleman from Kentucky, who is for increasing U.S. exports and low- United States’ persistent and substan- focused on creating manufacturing jobs ering the trade deficit. tial trade deficits, and it will provide through open markets, Congressman Given the ambitious track record of recommendations on how to address DAVIS. success of our trade agreements, I and reduce those deficits. don’t think we need another govern- Over the past 10 years, our trade defi- b 1200 ment commission. However, I under- cits have been unprecedented. Before Mr. DAVIS of Kentucky. Madam stand that for some, the facts I’ve cited 2000, our largest trade deficit was in Speaker, I’m pleased that we’re having aren’t enough and, therefore, I do rise 1987 when the deficit was equal to 3.3 this debate today about the importance in support of this bill. percent of GDP, but that 1987 deficit of trade for America’s manufacturing I want to help those with doubts pales in comparison to the deficits we sector. Given my extensive experience about the benefits of trade agreements have had every year from 2000 through in manufacturing, I’m pleased to pro- to see how vital they are to the success 2008. Indeed, in 2006, our trade deficit vide my firsthand familiarity with of American manufacturing, so I’ll sup- represented 6.4 percent of GDP, nearly what makes business successful and port this legislation in an effort to edu- twice as high as in 1987. what creates jobs. cate others on these benefits, the bene- These enormous trade deficits are My own experience tells me that fits of well-executed, bilateral, and free corrosive. They lower our GDP. They international trade is vital to the suc- trade agreements properly structured weaken our economic growth. It is no cess of America’s manufacturing sec- between the partners.

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6186 CONGRESSIONAL RECORD — HOUSE July 28, 2010 I fully expect the commission will Mr. PASCRELL. We cannot continue the gentleman from Louisiana, Dr. reach the same conclusion that I and down this path. Our trade deficit is BOUSTANY. many others on both sides of the aisle unsustainable. We must begin to tackle Mr. BOUSTANY. I thank the ranking have already reached. However, I’m it if we want to create jobs here in the member on the Trade Subcommittee, concerned that we can’t simply wait United States and remain a prosperous Mr. BRADY from Texas, for yielding for the commission to do its analysis. country in the future. time to me. As the President has noted, other There’s no silver bullet out there I think it’s important to recognize, countries are racing ahead of us in ne- that will balance the books, which is and I agree with the gentleman who gotiating agreements that benefit their why a comprehensive study of the just spoke, Mr. PASCRELL, that the workers while we sit on the sidelines. problem and recommendations for pol- United States has the most vibrant, That’s why I strongly support the icy solutions, which is proscribed in open market in the entire world, and President’s call to resolve the out- this legislation specifically, is very we need to take advantage of our lead- standing issues around the U.S.-South necessary. ership position. The U.S. has led glob- Korea trade agreement. The commission will look at many of ally since 1945 in setting the standards My colleagues and I on this side of the tactics we know our trading part- for open trade. the aisle stand ready to work with the ners use in order to place their exports Trade agreements give access to President to implement these best at an advantage and in order that they American workers and businesses to practices and prepare not only the have played and gamed the system to other markets for U.S. services and South Korea agreement for congres- our disadvantage: products. Let’s face it, 95 percent of the sional approval, but to prepare the Foreign currency manipulation, consumers of the world are outside of agreements with Colombia and Panama we’ve addressed it in some esoteric the borders of the United States. So as well. I’m confident these agreements statements now and then. But we know our trade agreements create U.S. jobs. will be just as successful for American what China is doing, and it hurts us in Despite having the trade deficit that workers in the U.S. manufacturing sec- terms of what the Americas are trying we’ve talked about, the U.S. trade bal- tor as our prior agreements. to do. ance with 13 countries that we have Mr. LEVIN. I yield 2 minutes to the Tariff and nontariff barriers, just free trade agreements implemented gentleman from New Jersey (Mr. mentioned before in the previous legis- through Trade Promotion Authority PASCRELL), our distinguished col- lation by the gentleman from Illinois. has really improved our export capac- league, a member of the Ways and Foreign subsidization of manufac- ity by 476 percent between 2001 and Means Committee. turing, other countries have different 2009, creating a trade surplus with Mr. PASCRELL. Madam Speaker, I taxing methodologies than we do. They those respective countries of over $25 want to agree with the gentleman from subsidize their industries. How can our billion. Kentucky (Mr. DAVIS), but there’s a industries compete against that unless Case by case we can look at these: catch here. In the last 6 months, we we address that particular issue, which CAFTA–DR, Chile, Morocco, Singapore, have gained 136,000 manufacturing jobs, we’re afraid to do. Both sides of the Australia. These trade agreements ac- private jobs. It’s one of the few pluses aisle are afraid to address the real tually exceeded actual export growth that we can refer to. So there is hope issues on trade and the weak environ- estimates initially put forth by the for the future in terms of manufac- mental and labor standards. International Trade Commission. The turing if we do the right thing. I’m pleased the commission will in- U.S. had a trade surplus with each of I rise in support of H.R. 1875, the End clude the impact of border tax adjust- these countries, enhancing the com- the Trade Deficit Act, and I want to ments on our trade deficit, which pe- petitiveness of U.S. workers and busi- thank my friend from Oregon for intro- nalized our exporters by an average of nesses. ducing this important legislation. All 15.2 percent and are currently totally The failure to implement an aggres- through the years, Mr. DEFAZIO con- legal under current global trade agree- sive trade strategy that focuses on ex- tinues to speak out over the din and ments. ports puts the U.S. at extreme risk of over the years for the American con- We will not deal with the imbalance falling behind competitively. We know sumer and for fair trade policies. I sa- in our trade agreements unless we un- that China’s embarking on a very ag- lute you. derstand how countries have gamed the gressive trade policy globally. Other The United States has run a per- system to hurt our workers, and that’s countries, Brazil. We have a very sistent trade deficit with the world why we continue to offshore these jobs. multipolar world today with very ag- since 1978, including structural deficits The SPEAKER pro tempore. The gressive trade policies working against with several major trading partners time of the gentleman has again ex- us, and our country has really been on year after year. This includes a $220 pired. the sidelines for the last year-and-a- billion trade deficit with China alone. Mr. LEVIN. I yield the gentleman an half in trade. This failure threatens In 2001, just think of it, 9 years ago, additional 30 seconds. U.S. credibility globally. Frankly, it China was granted admission to the Mr. PASCRELL. At the end of the threatens the U.S. credibility. And it’s World Trade Organization, that num- day, the United States is the most also a threat to the historic U.S. lead- ber was $84 billion. It’s increased in 9 open, accessible, and dynamic market ership role that we have set in setting years by $136 billion. One study by the in the world. We hold our trading part- open standards for global trade. Economic Policy Institute estimates ners, hopefully, to the same standard. Now, I believe that this new commis- that the dramatic increase in our trade We must tackle our trade deficit head- sion really is unnecessary. I am going deficit with China alone has cost this on so that United States businesses and to support it if it’s the only way we can country 2.4 million jobs. families can continue to prosper in the jump-start something on trade, but I The American people, the middle years to come. really do think it’s unnecessary. And if class, know that our trade policy has I urge passage of this legislation. I you go back and look at the historic not worked for them. They see it in eagerly await the report of the com- role that the Ways and Means Com- their everyday lives. My hometown of mission. mittee has played in implementing an Paterson, New Jersey, I still live there. open trade policy, a trade policy that We close factories. We reopen them b 1210 benefits U.S. businesses and U.S. work- south of the border or overseas. Why Mr. BRADY of Texas. Madam Speak- ers, it goes all the way back into the haven’t we stopped the hemorrhaging er, I yield 3 minutes to the gentleman twenties, and possibly even before that. of jobs to places offshore? who is the top Republican on the Over- I remember reading about Cordell The SPEAKER pro tempore (Ms. sight Committee on Ways and Means Hull as a member of the House Ways MCCOLLUM). The time of the gentleman and has focused both on ending the and Means Committee, a Democrat has expired. drilling moratorium that is killing who espoused open trade, and then Mr. LEVIN. I yield an additional 2 U.S. jobs in the gulf, and also opening went on to become Secretary of State minutes to the gentleman from New new markets for our American manu- and continued to espouse open trade. Jersey. facturers, services, and ag community, Our committee, the Ways and Means

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 28, 2010 CONGRESSIONAL RECORD — HOUSE H6187 Committee, has an illustrious history We need a new, strong trade policy. U.S.-made windmill or photovoltaic. If in doing this, and I believe that’s where Yes, American workers can compete, we get these green jobs and green in- the leadership should come from. but not on an unfair, tilted playing dustry going that the President wants, Mr. Chairman, I believe we can work field, which is what they’re being asked the Chinese aren’t going to buy them. together in trying to implement in to do today. I will give a couple of ex- But guess what? The so-called stimulus working with this current administra- amples. When we were doing MFN per- bill that passed this Congress, part of tion to come up with a really good, manently for China, which I voted those funds, our taxpayer dollars, solid trade strategy that really pro- against because we lost that annual le- money we borrowed in part from China motes U.S. competitiveness. That’s verage with them, wheat guys from Or- to finance that bill, were used to buy where I believe the authority should egon came in, and they said, Congress- windmills made in China. They can get lie. man, right now a ship is going into their windmills in here like that. I believe it’s pretty clear what we China. Imagine what it’s going to mean There’s a company proposing to as- need to do. We ought to implement the for our markets. They’re finally ac- semble photovoltaics in my hometown three pending free trade agreements: cepting our wheat. This new trade of Eugene, Oregon. But I also have peo- South Korea, Panama, and Colombia. deal’s going to be great. ple in Oregon trying to keep their com- Let’s move forward on these. These I said, Well, actually, I have got panies going with made in America will immediately help enhance exports translated broadcasts of their agri- photovoltaics. But they are having and create U.S. jobs. They already have culture minister that say that they’re trouble competing with the subsidized access to our market. We need access not going to allow that, and they’re cheap junk from China because their to those markets. In the hearing just not going to become dependent upon photovoltaics are not very good. Again, yesterday, Stu Eizenstat, who served in imported food. They said, Oh, no, you we can’t send our ours there, but they the Clinton administration, talked are wrong. So, yeah, that one ship got can send theirs here without any con- about these being no-cost stimulus, no- in. straints. cost job creation mechanisms. Congress voted the deal, China was I remember back to Lee Iacocca, I also believe, in addition to imple- permanently off the hook to be re- back when we used to sort of laugh at menting a very aggressive trade strat- viewed for unfair trade practices by the the Japanese cars. And when he had egy that focuses on U.S. exports not Congress, and, guess what, that was the minivans and the Japanese started pro- just for large corporations but small last ship. They came in the next year ducing minivans, he said, You know, I and mid-sized companies as well, where kind of hanging their heads and said, produce a minivan for $16,000. I send it we can really enhance our export ca- You were right. Are you going to say to Japan, it sits on the dock for 6 pacity, we also need to take a look at it? I said, No. I am going to say, what months while a series of inspectors the other things holding us back on are we going to do now? And talked come down and look at it. And then fi- U.S. competitiveness. about fighting back against these un- nally when it gets to the showroom, it We need to lower the corporate rate. fair trade practices. costs $30,000 and it’s been there 6 If we lower the corporate tax rate, this We can look at just after the first months. He said the Japanese take President Bush signed the deal with will enhance U.S. competitiveness. And their minivan, it costs $17,000 to make Canada that was supposed to deal with we also need to back away from some it—they were less efficient then—he their unfair subsidies and dumping of of these proposals in international tax said they put it on a ship, it gets to cheap lumber into the U.S. But before that are hurting U.S. competitiveness. Portland, they roll it off, it’s in the the ink was even dry on the deal, Can- The SPEAKER pro tempore. The showroom the next day. Do we ever re- ada reclassified much of their lumber time of the gentleman has expired. ciprocate? Mr. BRADY of Texas. I yield the gen- to salvage. They basically started giv- We say, okay, if you are going to tleman 1 additional minute. ing away their trees on the stump in- keep our cars on your docks for 6 Mr. BOUSTANY. If we lower our cor- stead of making companies buy them months, how about we’re going to keep porate tax rate at least down to OECD and provided subsidized transportation your cars on our docks for 6 months? averages, that will enhance U.S. com- and other things and again flooded the And that’s what the trade commission petitiveness. And we do have a dif- U.S. market. We’re still fighting with will point to. It will point to the unfair the Canadians 17 years later over their ferent tax system than other countries trade barriers, these whole series of dif- subsidized lumber, and we’ve still lost ferent phytosanitary, or actually safe- utilize that I think actually hurts our thousands of jobs. ty inspections, or currency manipula- competitiveness. But if we actually Yeah, there was a little bit of cheap- tion, all of the things that China and take steps such as what the adminis- er lumber available here; but when you other countries are doing to steal our tration has proposed in its current lose the jobs for working-class Ameri- jobs and kill off our industries. This budget in the international tax treat- cans, middle class American families, commission can point to those things, ment of U.S. companies, we’re actually our consumers, when they lose their they can emphasize them, and they can going to hurt U.S. job growth, we’re jobs, it doesn’t matter if a house is propose ways that we can deal with it going to hurt exports, and we’re going maybe $300 or $400 cheaper. They can’t more meaningfully in trade agree- to hurt U.S. competitiveness. So I afford the house. So we need a level ments in the future. think it’s imperative that we take a playing field. I recommend to my colleagues, help look at this. And our committee, the We need to identify these barriers end the trade deficit. Vote for this leg- Ways and Means Committee, should that are being put up by the Chinese islation. take the lead in this issue as well. and others. The Chinese are going to b 1220 Mr. LEVIN. It is now my distinct run more than a quarter of a trillion pleasure to yield 3 minutes to the au- dollar trade surplus with the U.S. this Mr. BRADY of Texas. Mr. Speaker, I thor of this legislation, the active, dis- year. They recently passed a law say- yield 2 minutes to the former top Re- tinguished gentleman from Oregon (Mr. ing they’re going to have a huge renew- publican on the Trade Subcommittee, DEFAZIO). able program in China. And the law the gentleman from California who’s Mr. DEFAZIO. I thank the chairman. says that nobody can buy a renewable focused on creating jobs through sell- It’s interesting to hear some Repub- windmill or photovoltaic or anything ing more California and United States licans on the other side of the aisle say else if it wasn’t manufactured in China products and services, Mr. HERGER. this commission isn’t necessary. We by a Chinese company. Mr. HERGER. Madam Speaker, I find are going to run a $700 billion trade The SPEAKER pro tempore. The it ironic that we are here today cre- deficit this year. That means we will time of the gentleman has expired. ating one more commission to study a borrow, predominantly from China, Mr. LEVIN. I yield an additional 2 problem and report back with possible Japan, and a few other countries, $700 minutes to the author of the bill. solutions some time in the future when billion to buy things that we used to Mr. DEFAZIO. I thank the gen- we could be taking action right now make in America. And it’s not a level tleman. today that would reduce our trade def- playing field. We get played for a suck- So the Chinese have passed a law say- icit and make a real difference for er in these trade deals. ing that no one in China can buy a American workers.

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6188 CONGRESSIONAL RECORD — HOUSE July 28, 2010 One of the findings in this bill states I rise in support of this bill because I structural trade deficit, that is energy, the problem very clearly: ‘‘While the think that any objective and honest and I appreciate the chairman includ- United States has one of the most open commission will find that creating new ing this in the commission. Last year, economies in the world, the United markets and new customers for Amer- our deficit in energy products ac- States faces significant tariff and non- ican exports will reduce our trade def- counted for almost half of the trade tariff trade barriers with its trading icit, will create jobs, and stimulate our deficit. partners.’’ economy. So our trade deficit isn’t principally For example, over 90 percent of Pan- I think it’s absolutely appropriate in goods—it’s in oil, it’s in energy. amanian and Colombian exports enter that Congress is considering this legis- That’s what the American people want the U.S. duty free. Additionally, the lation today of all days. Today is the to change. We can take an enormous average Korean tariff for U.S. export- fifth anniversary of House passage of step toward reducing our trade deficit ers is more than four times the average the U.S.-Central American Free Trade simply by increasing American-made tariff that Korean products face in the Agreement, which gives us an oppor- energy. Unfortunately, many Demo- United States market. tunity to look at real results. Those re- crats in Congress have taken just We could slash these high tariffs on sults clearly show how trade agree- about every step they can to reduce U.S. exports and level the playing field ments increase U.S. sales and reduce American-made energy production. for American workers by passing the trade deficits. As you know, America is First, House Democrats rushed current pending Free Trade Agree- a very open market. Countries sell into through the House a massive national ments with these three nations. the United States. But when we try to energy tax that would cripple the U.S. Madam Speaker, I urge my col- sell our products, too often we find energy sector. Now, the White House leagues to continue the bipartisan tra- that ‘‘America need not apply’’ sign. has defied the courts and has imposed a dition since World War II of supporting Trade agreements tear that sign moratorium on offshore drilling that trade and call for passage of the pend- down and give us a chance not one-way damages jobs and damages U.S. energy ing FTAs with Colombia, Panama, and trade in, but two-way trade where we production. The impact of that morato- South Korea. If we really want to cre- have a level playing field. The world rium would be to increase the deficit ate jobs, pass these trade agreements. has changed. It’s not enough to simply because it will result in more imports If we want to increase exports, pass buy American. We have to sell Amer- of foreign oil. This moratorium also these trade agreements. If we want to ican. We have to sell our products and means fewer manufacturing jobs. reduce the trade deficit, pass these goods and services throughout this In fact, last week a recent analysis trade agreements. We don’t need an- world. In fact, over 80 percent of our by IHS Global Insight found the drill- other commission; we need action. trade deficit today is with countries ing moratorium in the gulf would re- Mr. LEVIN. I reserve the balance of that are not trade agreement partners, sult in over 300,000 jobs lost along the my time. that are not level playing fields for the gulf and over $147 billion in lost State, Mr. BRADY of Texas. Madam Speak- United States. That’s why we push local, and Federal tax revenue. It is a er, I yield myself such time as I may hard for those agreements. terrible blow to American jobs. consume. For example, 5 years ago the United If the sponsors of this legislation are First, addressing some earlier com- States had a $1.2 billion trade deficit serious—and I believe they are—about ments, many Democrats, including with Central America. Last year, the reducing the trade deficit and working Chairman LEVIN, supported bringing United States had turned that around, together to create manufacturing jobs, China into the World Trade Organiza- because of the agreement, to a $1.2 bil- let’s focus on negotiating more trade tion to force them to play by the rules. lion trade surplus, and we’re on track agreements to open foreign markets to And since we’ve done that, when they to surpass that surplus again this year. our U.S. sales and promoting U.S. en- have violated those rules, the United Last year, the United States had a ergy production. We don’t need a new States has prevailed in seven of the trade surplus in manufactured goods government commission to accomplish eight complaints we have brought to with our Central American partners of either of these. that organization. So it is helping keep almost $2 billion. We’re on track again b 1230 China in line so we have a level playing this year. field. Nor is CAFTA the only example of Madam Speaker, I yield back the bal- Also, if you’ve picked up the paper in how trade agreements can improve the ance of my time. the last week, you’ve noticed that U.S. trade balance. This week also Mr. LEVIN. Now, that the distin- while auto sales in the United States marks the eighth anniversary of the guished ranking member on the Trade for our auto manufacturers has re- final House vote on the Trade Act of Subcommittee has yielded back the mained flat, its sales are growing over- 2002, under which we have resoundingly balance of his time, I will close. seas, and its profits are growing be- successful trade agreements with 13 First of all, I want to thank Mr. cause they’re allowed to sell American countries now in force. Last year, the DEFAZIO for introducing the bill and automobiles around the world. That’s United States had a trade surplus of for his willingness and his really effec- good for the U.S. auto workers in the over $25 billion with these 13 countries. tive efforts to work with us. His staff United States. And so far this year, we have a surplus also collaborated in bringing this bill I appreciate the chairman bringing again. to the floor. I also want to thank Con- this legislation together. I know it is Looking at just trade in manufac- gressman CAMP and Congressman well-intended. It’s important to tackle tured goods reveals that these agree- BRADY and their staff for working with America’s trade deficit the right way. ments were even better for American us. And I think everyone understands an- manufacturing workers. Last year, the So let me just say a word. We’ll de- other government commission alone is United States had a trade surplus of bate trade issues another time. I think no substitute for new customers for over $29 billion in manufactured prod- everybody here has spoken about the American workers, farmers, and manu- ucts with these countries that we have importance of two-way trade and end- facturers. free trade agreements. And again, we ing the one-way street. The problem The best way to strengthen the trade have this year a surplus already of with the Korea agreement, as it was deficit while strengthening America’s nearly $16 billion. Without question, negotiated, was that when it comes to economy is to reduce America’s de- these trade agreements have reduced the industrial sector, there was no way pendence on foreign oil and open the U.S. trade deficits and increased U.S. it was even close to a likelihood that world to more U.S. products and serv- trade surpluses. there would be two-way trade in vital ices. I know if my Democrat friends The three pending agreements with industrial sectors. So far it’s only been and those in the White House are seri- Colombia, Panama, and South Korea one way, and now steps have to be ous about reducing the trade deficit, would have the same results by lev- taken with the other provisions in the we are eager to work with them by eling the playing field for our Amer- bill to make sure there’s two-way trade starting to take up and passing the ican workers. in industrial, as well as agricultural, pending trade agreements with South Madam Speaker, there is one sector goods as well as opening up their mar- Korea, Panama, and Colombia. in which the United States runs a kets to service products.

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 28, 2010 CONGRESSIONAL RECORD — HOUSE H6189 I think we’re now finished with this. the gentleman from Michigan (Mr. Resolved, That the House of Representa- We can discuss the moratorium on LEVIN) that the House suspend the tives— drilling some other day, and I now urge rules and pass the bill, H.R. 1875, as (1) supports the goals and ideals of ‘‘Na- passage of this bill. amended. tional Save for Retirement Week’’, including The question was taken; and (two- raising public awareness of the various tax- Mr. DINGELL. Mr. Speaker, I rise to express preferred retirement vehicles as important my strong support for H.R. 1875, the End the thirds being in the affirmative) the tools for personal savings and retirement fi- Trade Deficit Act. I wish to commend my col- rules were suspended and the bill, as nancial security; league, Congressman DEFAZIO of Oregon for amended, was passed. (2) supports the need to raise public aware- his fine work on this bill. The title was amended so as to read: ness of the availability of a variety of ways At a time of nascent national economic re- ‘‘A bill to establish the Emergency to save for retirement which are favored covery, we have the opportunity to right the Trade Deficit Commission.’’. under the Internal Revenue Code of 1986 and A motion to reconsider was laid on policy failures of the past. This is particularly are utilized by many Americans but which the table. should be utilized by more; important with respect to trade. I have long f (3) supports the need to raise public aware- criticized the NAFTA trade agreement model ness of the importance of saving adequately for its detrimental effect on this country’s man- SUPPORTING NATIONAL SAVE FOR for retirement, and the continued existence ufacturing base. Indeed, with the implementa- RETIREMENT WEEK of tax preferred employer-sponsored retire- tion of NAFTA and CAFTA, we have wit- Ms. SCHWARTZ. Madam Speaker, I ment savings vehicles; and nessed the off-shoring of millions of good-pay- move to suspend the rules and agree to (4) calls on the States, localities, schools, ing American jobs. universities, nonprofit organizations, busi- the resolution (H. Res. 1481) supporting nesses, other entities, and the people of the In light of this, H.R. 1875 will direct estab- the goals and ideals of ‘‘National Save lishment of a commission to develop a trade United States to observe this week with ap- for Retirement Week’’, including rais- propriate programs and activities with the policy plan that will eliminate the U.S. mer- ing public awareness of the various goal of increasing retirement savings for all chandise trade deficit and develop a competi- tax-preferred retirement vehicles and the people of the United States. tive trade policy for the 21st century. I am par- increasing personal financial literacy. The SPEAKER pro tempore. Pursu- ticularly pleased that this report, which will in- The Clerk read the title of the resolu- ant to the rule, the gentlewoman from clude recommendations for administrative and tion. Pennsylvania (Ms. SCHWARTZ) and the legislative actions to reduce this deficit, must The text of the resolution is as fol- gentleman from Texas (Mr. SAM JOHN- be submitted to the Congress and the Presi- lows: SON) each will control 20 minutes. dent prior to the President’s submitting any H. RES. 1481 The Chair recognizes the gentle- free trade agreement to the House and Sen- Whereas people in the United States are ate for approval. living longer, and the cost of retirement is woman from Pennsylvania. Mr. Speaker, H.R. 1875 will substitute increasing significantly; GENERAL LEAVE measured concern in place of rash trade pol- Whereas Social Security remains the bed- Ms. SCHWARTZ. Madam Speaker, I icy. I urge my colleagues to vote in favor of rock of retirement income for the great ma- ask unanimous consent that all Mem- jority of the people of the United States but this bill and in so doing, help this country was never intended by Congress to be the bers may have 5 legislative days in achieve sustainable economic recovery. sole source of retirement income for fami- which to revise and extend their re- Mr. COSTELLO. Madam Speaker, I rise lies; marks and include extraneous material today in support of H.R. 1875, the End the Whereas recent data from the Employee in the RECORD. Trade Deficit Act of 2009. Benefit Research Institute indicates that, in The SPEAKER pro tempore. Is there 2 Since coming to Congress, I have worked to the United States, less than ⁄3 of workers or objection to the request of the gentle- their spouses are currently saving for retire- level the playing field of international trade, woman from Pennsylvania? stop the illegal trade practices of other coun- ment and that the actual amount of retirement savings of workers lags far behind the There was no objection. tries, notably China, and support American amount that will be needed to adequately Ms. SCHWARTZ. Madam Speaker, I workers. The first step in achieving these fund their retirement years; yield myself such time as I may con- goals must be addressing our $375 billion Whereas financial literacy is an important sume. trade deficit with other countries. While this factor in United States workers’ under- deficit is down from the $753 billion deficit we standing of the true need to save for retire- Today, I rise in support of the Na- had in 2006, as the global economy recovers, ment; tional Save For Retirement Week reso- this deficit has increased by billions of dollars Whereas saving for one’s retirement is a lution that I have sponsored with my key component to overall financial health each month, and our deficit with China stands friend and colleague, Representative and security during retirement years, and SAM JOHNSON. He and I have cham- at a staggering $226 billion. In addition, the the importance of financial literacy in plan- U.S. has lost 3,178,000 manufacturing jobs pioned this proposal, which has passed ning one’s retirement must be advocated; the House of Representatives in each of since 1998 and the recession has aggravated Whereas many workers may not be aware this damaging trend. of their options for saving for retirement or the last 3 years. The Trade Deficit Review Commission es- may not have focused on the importance of, Saving for one’s retirement is of tablished by H.R. 1875 will take positive steps and need for, saving for their own retire- paramount importance. Less than two- to address the trade deficit by developing a ment; thirds of workers are saving for retire- Whereas many employees have available to new, competitive trade policy that emphasizes ment and those who are saving are not them through their employers access to de- saving enough to adequately fund their fair trade and U.S. jobs. Our trade policy must fined benefit and defined contribution plans promote the export of U.S.-made goods to for- to assist them in preparing for retirement, retirement. As a result, too many eign markets and support our workers rather yet many of them may not be taking advan- Americans rely solely on Social Secu- than aiding the multi-national corporations who tage of such plans at all or to the full extent rity to fund their retirements. Social seek weaker labor, safety, and environmental allowed by such plans as prescribed by Fed- Security is the bedrock of retirement requirements overseas. eral law; security and retirement income for I have consistently opposed free trade Whereas the need to save for retirement is many Americans. However, on average, important even during economic downturns agreements—including NAFTA and DR– Social Security retirees today receive or market declines, making continued con- $14,000 a year, hardly adequate as the CAFTA—because I believe they have driven tributions all the more important; good-paying American jobs out of the country. Whereas all workers, including public- and sole source of retirement income for H.R. 1875 is needed to reverse these dam- private-sector employees, employees of tax- most Americans. aging trade agreements and takes a positive exempt organizations, and self-employed in- This resolution will help raise public step forward to revitalize manufacturing in the dividuals, can benefit from increased aware- awareness of the importance of saving U.S. and create jobs here at home. ness of the need to develop personal budgets for retirement and encourage greater Madam Speaker, I urge my colleagues to and financial plans including retirement sav- personal financial responsibility. Con- ings strategies and to take advantage of the gress and employers can encourage sav- join me in supporting this important legislation. availability of tax-preferred savings vehicles Mr. LEVIN. I yield back the balance to assist them in saving for retirement; and ing for retirement through information of my time. Whereas October 17 through October 23, on long-term saving vehicles and pay- The SPEAKER pro tempore. The 2010, has been designated as ‘‘National Save roll deduction options that currently question is on the motion offered by for Retirement Week’’: Now, therefore, be it exist for most American workers.

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6190 CONGRESSIONAL RECORD — HOUSE July 28, 2010 Since the economic downturn, the for retirement by designating October SEC. 2. FINDINGS. personal savings rate has risen to 3 per- 17 through October 23, 2010, as National Congress finds the following: cent, up from 2 years ago when Ameri- Save For Retirement Week. (1) Carbon monoxide is a colorless, odorless cans were barely saving at all. We can With fewer and fewer employers of- gas produced by burning any fuel. Exposure to fering traditional pension plans and unhealthy levels of carbon monoxide can lead to build on this recent experience to raise carbon monoxide poisoning, a serious health awareness about the need to save for with Social Security intended to pro- condition that could result in death. emergencies, for future expenses, and vide only basic income support, saving (2) Unintentional carbon monoxide poisoning for retirement. Small savings through- for retirement is more important than from motor vehicles and the abnormal operation out one’s working lifetime will result ever before. The good news, however, is of fuel-burning appliances, such as furnaces, in a more secure retirement. that the tax code offers any number of water heaters, portable generators, and stoves, So as we acknowledge the 75th anni- savings incentives that not only are in- in residential homes and other dwelling units versary of Social Security and renew tended to encourage Americans to save kills more than 400 people each year and sends but also make it easier for them to do more than 20,000 to hospital emergency rooms our commitment to Social Security’s for treatment. guaranteed minimum benefits for fu- so. (3) Research shows that purchasing and in- ture seniors, we should also acknowl- For young workers, just putting stalling carbon monoxide alarms close to the edge and support this resolution and away a little bit from each paycheck sleeping areas in residential homes and other encourage more Americans to save for through tax-deferred retirement sav- dwelling units can help avoid fatalities. their retirement. ings accounts such as a 401(k) plan or (4) Congress should promote the purchase and an IRA can add up to a sizeable nest installation of carbon monoxide alarms in resi- HOUSE OF REPRESENTATIVES, dential homes and dwelling units nationwide in COMMITTEE ON EDUCATION AND LABOR, egg. While young workers may not order to promote the health and public safety of Washington, DC, July 28, 2010. start off with big paychecks, they at citizens throughout the Nation. Hon. SANDER M. LEVIN, least have the benefit of time and com- Chairman, Committee on Ways and Means, pound interest on their side. Mean- SEC. 3. DEFINITIONS. House of Representatives, Longworth House while, for older workers nearing retire- For purposes of this Act, the following defini- Office Building, Washington, DC. tions apply: ment, the tax code can help by ena- (1) The term ‘‘approved carbon monoxide DEAR CHAIRMAN LEVIN: I am writing to you bling these workers to make catch-up concerning the jurisdictional interest of the alarm’’ means a carbon monoxide alarm that Committee on Education and Labor in H. contributions. complies with the standards published, incor- Res. 1481, supporting the goals and ideals of With this resolution, it is my hope porated, or amended by the Commission with re- ‘‘National Save for Retirement Week.’’ that we can make more Americans spect to such alarms pursuant to this Act. Our committee recognizes the importance aware not just of the importance of (2) The term ‘‘carbon monoxide alarm’’ means of H. Res. 1481 and the need to move expedi- saving for retirement but of the avail- a device that detects carbon monoxide and tiously. Therefore, while we have a valid able tax incentives to do so. By taking sounds a distinctive audible alert before con- claim to jurisdiction over portions of the res- advantage of these incentives and regu- centrations of carbon monoxide reach levels that would cause symptoms of carbon monoxide poi- olution, I do not intend to request a referral. larly putting away a little bit, Ameri- This, of course, is conditional on our mutual soning. understanding that nothing in this resolu- cans can better secure their retire- (3) The term ‘‘Commission’’ means the Con- tion or my decision to forego a referral ment. sumer Product Safety Commission. waives, reduces or otherwise affects the ju- That’s why Ms. SCHWARTZ and I have (4) The term ‘‘dwelling unit’’ means a room or risdiction of the Committee on Education offered this resolution. suite of rooms used for human habitation, and and Labor, and that a copy of this letter and Mr. Speaker, I yield back the balance includes a single family residence as well as your response acknowledging our jurisdic- of my time. each living unit of a multiple family residence tional interest will be included in the Con- Ms. SCHWARTZ. I yield back the bal- (including apartment buildings) and each living gressional Record during consideration of ance of my time. unit in a mixed use building. this resolution by the House. The SPEAKER pro tempore. The (5) The term ‘‘fire code enforcement officials’’ Thank you for your consideration in this question is on the motion offered by means officials of the fire safety code enforcement agency of a State or local government. matter. the gentlewoman from Pennsylvania Sincerely, (6) The term ‘‘NFPA 720’’ means the Standard (Ms. SCHWARTZ) that the House suspend GEORGE MILLER, for the Installation of Carbon Monoxide Warn- Chairman. the rules and agree to the resolution, ing Equipment in Dwelling Units issued by the H. Res. 1481. National Fire Protection Association in 2008, HOUSE OF REPRESENTATIVES, The question was taken; and (two- and any amended or similar successor standard COMMITTEE ON WAYS AND MEANS, thirds being in the affirmative) the pertaining to the proper installation of carbon Washington, DC, July 28, 2010. rules were suspended and the resolu- monoxide alarms in dwelling units. Hon. GEORGE MILLER, tion was agreed to. SEC. 4. ADOPTION OF CONSUMER PRODUCT Chairman, Committee on Education and Labor, A motion to reconsider was laid on SAFETY RULES. House of Representatives, Rayburn House the table. (a) MANDATORY STANDARDS.—Notwith- Office Building, Washington, DC. standing any other provision of law, not later DEAR GEORGE: Thank you for your recent f than 90 days after the date of enactment of this letter regarding your committee’s jurisdic- b 1240 Act, the Commission shall publish in the Federal tional interest in H. Res. 1481, supporting the Register as mandatory consumer product safety goals and ideals of ‘‘National Save for Re- CARBON MONOXIDE POISONING standards the American National Standard for tirement Week.’’ PREVENTION ACT Single and Multiple Station Carbon Monoxide I appreciate your willingness to support Mr. SARBANES. Madam Speaker, I Alarms (ANSI/UL 2034) and the American Na- expediting floor consideration of this impor- move to suspend the rules and pass the tional Standard for Gas and Vapor Detectors tant legislation today. I understand and and Sensors (ANSI/UL 2075). Such mandatory agree that this is without prejudice to your bill (H.R. 1796) to amend the Consumer consumer product safety standards shall take Committee’s jurisdictional interests in this Product Safety Act to require residen- effect 180 days after they are published. legislation. tial carbon monoxide detectors to meet (b) REVISION OF STANDARDS.—Beginning 1 I will include a copy of your letter and this the applicable ANSI/UL standard by year after the date of enactment of this Act, if response in the Congressional Record during treating that standard as a consumer either standard described in subsection (a) is re- consideration of the bill on the House floor. product safety rule, to encourage vised through the applicable consensus stand- Thank you for your cooperation. States to require the installation of ards development process, Underwriters Labora- Sincerely, such detectors in homes, and for other tories shall notify the Commission of the revi- SANDER M. LEVIN, sion and the revision shall be incorporated in Chairman. purposes, as amended. the consumer product safety rule unless, within The Clerk read the title of the bill. 60 days of such notice, the Commission deter- I reserve the balance of my time. The text of the bill is as follows: Mr. SAM JOHNSON of Texas. Madam mines that such revision does not carry out the H.R. 1796 Speaker, I yield myself such time as I purposes of this Act and publishes the basis for Be it enacted by the Senate and House of Rep- such a determination in the Federal Register. may consume. resentatives of the United States of America in (c) RULEMAKING.—Notwithstanding any other I want to thank my colleague from Congress assembled, provision of this Act, the Commission may, at Pennsylvania for working with me on SECTION 1. SHORT TITLE. any time subsequent to publication of the con- this resolution. This resolution calls This Act may be cited as the ‘‘Carbon Mon- sumer product safety standards required by sub- attention to the importance of saving oxide Poisoning Prevention Act’’. section (a), initiate a rulemaking in accordance

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00026 Fmt 4634 Sfmt 6333 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 28, 2010 CONGRESSIONAL RECORD — HOUSE H6191 with section 553 of title 5, United States Code, to importance of proper carbon monoxide alarm these lifesaving devices will be re- amend either standard to include any provision use. quired to meet these performance that the Commission determines is reasonably (e) LIMITATION ON USE OF FUNDS.— standards rather than allowing compli- (1) ADMINISTRATIVE COSTS.—No more than 10 necessary to ensure the safe and effective oper- ance to just be voluntary. If we are ation of carbon monoxide alarms. percent of any grant funds may be used to cover (d) TREATMENT OF STANDARDS FOR PURPOSES administrative costs not directly related to train- going to encourage the use of a safety OF ENFORCEMENT.—For purposes of enforcement ing described in paragraph (2) of subsection (d). device, then we must be sure that it under the Consumer Product Safety Act, the (2) PUBLIC OUTREACH.—No more than 25 per- meets and will continue to meet indus- standards published by the Commission pursu- cent of any grant may be used to cover costs of try performance standards. Putting in ant to subsection (a), including any revision to activities described in paragraph (4) of sub- place mandatory standards means that such standards pursuant to subsection (b) or (c), section (d). if a carbon monoxide alarm doesn’t (f) AUTHORIZATION OF APPROPRIATIONS.— shall be consumer product safety rules as de- meet the relevant performance stand- fined in section 3(a)(6) of such Act (15 U.S.C. There are authorized to be appropriated to the 2052(a)(6)). Commission $2,000,000 for each of fiscal years ard, then it cannot be sold in the United States and it will be subject to SEC. 5. REPORT TO CONGRESS. 2011 through 2015 to carry out this Act, such Not later than 1 year after the date of enact- sums to remain available until expended. Any action by the Consumer Product Safety ment of this Act, the Commission shall complete amounts appropriated pursuant to this para- Commission. a study to evaluate whether requiring a lan- graph that remain unexpended and unobligated Secondly, this legislation authorizes guage or languages in addition to English at the end of fiscal year 2015 shall be retained a grant program to encourage States to would improve the effectiveness of the label re- by the Commission and credited to the appro- adopt laws to expand the use of carbon quired of manufacturers of portable generators priations account that funds enforcement of the monoxide alarms in all homes with by the Commission under part 1407 of title 16, Consumer Product Safety Act. (g) COMMISSION REPORT.—Not later than 1 fuel-burning appliances or attached ga- Code of Federal Regulations, to warn consumers rages. The authorization for their proof carbon monoxide hazards. year after the last day of each fiscal year for which grants are made under this section, the gram is very modest, just $2 million in SEC. 6. GRANT PROGRAM FOR CARBON MON- OXIDE POISONING PREVENTION. Commission shall submit to Congress a report each of fiscal years 2011 through 2015. (a) IN GENERAL.—Subject to the availability of evaluating the implementation of the grant pro- The funds will help States and local appropriations authorized by subsection (f), the gram authorized by this section. governments with strong carbon mon- Commission shall establish a grant program to The SPEAKER pro tempore. Pursu- oxide alarm laws to carry out training provide assistance to eligible States and local ant to the rule, the gentleman from for enforcement of those laws, educate governments to carry out the carbon monoxide Maryland (Mr. SARBANES) and the gen- the public about the dangers of carbon poisoning prevention activities in subsection (d). tleman from Georgia (Mr. GINGREY) monoxide, and, most importantly, to (b) ELIGIBILITY.—To be eligible for a grant under the program, a State or local government each will control 20 minutes. purchase alarms for low-income and el- shall— The Chair recognizes the gentleman derly households and other places serv- (1) demonstrate to the satisfaction of the Com- from Maryland. ing vulnerable populations. mission that a State or local government has GENERAL LEAVE I want to thank my colleagues in the adopted a statute, or a State or local govern- Mr. SARBANES. Madam Speaker, I minority for working with us on this ment agency has adopted a rule, regulation, or ask unanimous consent that all Mem- legislation. I want to salute my col- similar measure with the force and effect of law, bers may have 5 legislative days in league, Representative MATHESON. I requiring approved carbon monoxide alarms to be installed in accordance with NFPA 720 in which to revise and extend their re- would also like to thank the industry dwelling units; and marks and include extraneous material and other stakeholders for offering (2) submit an application to the Commission at in the RECORD. their advice to help improve this legis- such time, in such form, and containing such The SPEAKER pro tempore. Is there lation and for their support of this additional information as the Commission may objection to the request of the gen- measure. require, which application may be filed on be- tleman from Maryland? I reserve the balance of my time. half of any qualified State or local government There was no objection. Mr. GINGREY of Georgia. Madam by the fire code enforcement officials for such Mr. SARBANES. Madam Speaker, I Speaker, I rise not really in opposition State or local government. yield myself such time as I may con- to H.R. 1796, the Residential Carbon (c) GRANT AMOUNT; PRIORITY.—The Commis- sion shall determine the amount of the grants sume. Monoxide Poisoning Prevention Act— awarded under this section, and shall give pri- I rise today in support of H.R. 1796, in fact, parts of this legislation I am ority to applications from States or local govern- the Residential Carbon Monoxide Poi- very much in favor of, particularly re- ments that— soning Prevention Act, sponsored by garding the encouragement in the (1) require approved carbon monoxide alarms Representative JIM MATHESON of Utah. grant program to try to help people to to be installed in each existing dwelling unit— Carbon monoxide poisoning kills know of what the gentleman from (A) within which a fuel-burning appliance is more than 400 people each year and installed, including a furnace, boiler, water Maryland just said in regard to the heater, fireplace, or any other apparatus, appli- sends more than 20,000 people to hos- danger of carbon monoxide, which is ance, or device that burns fuel; or pital emergency rooms for treatment. colorless and odorless. It causes far too (B) which has an attached garage; Carbon monoxide can build up in your many poisonings and, indeed, deaths. I (2) propose to serve vulnerable populations home in a furnace or some other fuel- think, 170 Americans each year. One such as children, the elderly, or low-income burning appliance if it isn’t func- would be too many, Madam Speaker. households; and tioning properly. I question, somewhat, the necessity (3) demonstrate greater than average losses of What makes this gas particularly life from carbon monoxide poisoning in the of making the standards for the detec- home. dangerous is that you can’t see it or tors going from a voluntary standard (d) USE OF FUNDS.—A State receiving a grant smell it. At least with a fire, you can to a mandatory standard. under this section may use grant funds— see the flames, smell the smoke, or feel But in regard to encouraging wide- (1) to purchase and install approved carbon the heat. With carbon monoxide, in spread use of the detectors, not only in monoxide alarms in the dwelling units of low-in- many cases, all you start to feel is flu- places of business but, absolutely, in a come families or elderly persons, facilities that like symptoms. You have no idea you home setting where a lot of times you commonly serve children or the elderly, includ- are facing something even more dan- have got these generators because of a ing childcare facilities, public schools, and senior centers, or student dwelling units owned by gerous. power outage or camping equipment public universities; But there is a simple and effective that, you know, is misused or malfunc- (2) to train State or local fire code enforce- way to combat carbon monoxide poi- tions and it leads to these tragedies ment officials in the proper enforcement of State soning: installing a carbon monoxide that we are trying to avoid. or local laws concerning approved carbon mon- alarm in your home. I absolutely commend my colleagues, oxide alarms and the installation of such alarms H.R. 1796 takes two important steps and in particular my friend from Utah, in accordance with NFPA 720; to promote the use of carbon monoxide JIM MATHESON, in bringing this bill for- (3) for the development and dissemination of alarms in homes and other places: ward. I was very supportive in the com- training materials, instructors, and any other costs related to the training sessions authorized First, this legislation makes the vol- mittee markup. by this subsection; and untary industry standards for carbon Madam Speaker, I would like to take (4) to educate the public about the risk associ- monoxide alarms mandatory consumer the opportunity to relate the same ated with carbon monoxide as a poison and the product safety standards. This means story that I did in committee, a true

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6192 CONGRESSIONAL RECORD — HOUSE July 28, 2010 story, unfortunately. When I was grow- I am pleased to yield such time as he age all my colleagues to support this ing up, my parents owned what you may consume to the sponsor of the leg- bill. might refer to as a mom-and-pop islation, Representative MATHESON Mr. GINGREY of Georgia. Madam motel, sort of like a Motel 6, except I from Utah. Speaker, I yield back the balance of think we had 25 units and we charged Mr. MATHESON. Madam Speaker, I my time. $8 a night for one person and $10 a am pleased to rise to talk about this Mr. SARBANES. Madam Speaker, night for two, but that was a family bill today. again, we can’t emphasize enough the business. This legislation, quite frankly, ad- importance of this legislation. You’ve For a number of years, Madam dresses an issue that has been growing heard recounted here the tragic stories Speaker, we didn’t have a home. My in awareness, but it still requires at- of what happens when you don’t have parents had an efficiency apartment in tention in order to significantly reduce these kinds of mechanisms in place and the office of the motel. Most of the the number of easily preventable inju- you don’t have the education to sup- time we would have vacancies, so my ries and deaths caused by carbon mon- port people in terms of bringing this two brothers and I would spend the oxide poisoning in the United States. into their homes. And so I want to night in one of the motel rooms, and it Annually, over 500 people die from again congratulate Representative would vary from night to night. carbon monoxide poisoning and an ad- MATHESON for his efforts, thank my I was about, I guess, 13 years old, one ditional 15,000 are hospitalized for car- colleagues for the bipartisan support of weekend in unit 1. Unit number 1 was a bon monoxide poisoning sickness. Un- this measure, and urge its passage unit with two double beds. It was a fortunately, many of these individuals today. larger unit of our 25-unit motel, so we are already at risk, the elderly and Madam Speaker, I yield back the bal- would always like to stay in unit num- children. ance of my time. ber 1. On the weekend, a cold winter In many cities and States, including The SPEAKER pro tempore. The night, my brother was 14, I was 13, and my home State of Utah, local govern- question is on the motion offered by his best friend was 14, and we stayed in ments have really addressed this issue. the gentleman from Maryland (Mr. unit number 1. They are at the forefront of an effort to SARBANES) that the House suspend the Well, the very next weekend, unit pass legislation aimed at reducing car- rules and pass the bill, H.R. 1796, as number 1 was rented, so we weren’t bon monoxide poisonings in homes, and amended. able to stay there. I remember going to I hope this legislation will expand The question was taken; and (two- mass on Sunday morning. My dad was those efforts. thirds being in the affirmative) the Methodist, my mom was a Catholic, The risks of this type of poisoning rules were suspended and the bill, as and Mom took my two brothers and me are real, yet the danger is poorly un- amended, was passed. to mass. derstood. Carbon monoxide poisonings A motion to reconsider was laid on b 1250 are often misdiagnosed as stomach flu, the table. When we came back, unfortunately and individuals can unknowingly spend f in the parking lot of that motel I saw hours inside homes which have dan- HONORING DR. ROBERT M. what I had never seen before, a beige- gerously high levels of carbon mon- CAMPBELL, JR. oxide. Nearly all of these incidents brown hearse—in fact, two or three of Mr. PALLONE. Madam Speaker, I them—in the parking lot of this motel. could have been easily prevented with functioning carbon monoxide alarms. move to suspend the rules and agree to Madam Speaker, what had happened the resolution (H. Res. 1499) honoring is three soldiers that weekend stayed This legislation aims to cut down on those numbers while increasing aware- the achievements of Dr. Robert M. in unit No. 1; they were 18–19 years old. Campbell, Jr., to provide children with They had crossed the State line be- ness of the issues by taking three simple steps: number one, it codifies ac- lifesaving medical care, as amended. cause you could drink beer in South The Clerk read the title of the resolu- cepted scientific standards for carbon Carolina when you were 18 years old, tion. and you couldn’t do it in Georgia, so monoxide alarms into law; number The text of the resolution is as fol- we would get a lot of weekend business two, it examines whether carbon mon- lows: oxide warnings on portable generators from the military. These young sol- H. RES. 1499 diers got asphyxiated that night with should be expanded; and, number three, it establishes a grant program for Whereas Dr. Robert M. Campbell, Jr., is a carbon monoxide poisoning. It was just pediatric orthopedic surgeon affiliated for such a devastating thing to my dad. It States and local governments to pro- many years with the University of Texas just about caused him to lose his mind, vide carbon monoxide alarms and raise Health Science Center at San Antonio and quite honestly, and his business, even awareness of carbon monoxide poi- now Director of the Thoracic Insufficiency though it wasn’t his fault. It was a soning. Center at The Children’s Hospital of Phila- faulty heater that the way the wind Madam Speaker, I would also like to delphia; was blowing that night, it blew the point out that this is a bill that has Whereas Dr. Campbell has devoted his career to working with children suffering from burnt fuel back into the room, and gone through a legislative process. We held hearings. And from the original congenital scoliosis, fused ribs, small chest, these three soldiers, young boys, God and missing ribs; bless them, lost their lives that night. bill that was introduced, the text has Whereas Dr. Campbell, working with other So when Representative MATHESON changed. That is what we are here to specialists, helped identify Thoracic Insuffi- brought this bill before the Energy and do as legislators is we try to work ciency Syndrome, which is associated with Commerce Committee, as you know, through things. And through the En- the rare conditions of congenital scoliosis, Madam Speaker, as also a committee ergy and Commerce Committee, in fused ribs, small chests, and missing ribs, member, man, it brought all of that bringing in witnesses to learn more and results in the inability of the thorax to about this issue, we have perfected this support normal respiration or lung growth back. It was 55 years ago that that hap- which is often fatal in children; pened, and it was just like it was yes- bill and made it better. I really want to acknowledge the ef- Whereas the life-saving medical devices terday. often used in adult care of rib conditions are So I commend the gentleman, I abso- forts of everyone on the Energy and not designed or sized for the bodies of chil- lutely do. I have some concerns about Commerce Committee, in a bipartisan dren suffering from Thoracic Insufficiency changing from a voluntary standard to way, trying to address this issue as Syndrome or similar conditions; a mandatory standard; but this is good best we could. That is what we are sup- Whereas, over the years, physicians have work, this is good legislation, and for posed to do here in Congress. There is often turned to adult devices, less effective that reason I am going to support it. a lot of bickering going on in Wash- treatments, more invasive therapies, or jury- Madam Speaker, I reserve the bal- ington these days, but here’s an exam- rigging makeshift equipment to provide vital ple where folks actually sat down and care for children; ance of my time. Whereas doctors were often left with no ef- Mr. SARBANES. Madam Speaker, rolled up their sleeves and tried to ad- fective treatment for these critically ill chil- our colleague from Georgia’s story dress an issue in a constructive way. dren; really puts a punctuation mark on why So I want to acknowledge that effort Whereas, in 1987, Dr. Robert Campbell, this legislation is so critical. on both sides of the aisle, and I encour- working together with the late Dr. Melvin

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 28, 2010 CONGRESSIONAL RECORD — HOUSE H6193 Smith, a professor of pediatric general sur- Madam Speaker, House Resolution became my patient, that is what she gery at CHRISTUS Santa Rosa Children’s 1499 honors the achievements of Dr. died from. Hospital, invented the Vertical Expandable Robert M. Campbell, Jr. to provide Maybe if she, as a child, had had the Prosthetic Titanium Rib, which is easy to children with lifesaving medical care. I opportunity to take advantage of Dr. implant and easy to expand with minor outpatient surgery as the child grows; want to thank the sponsor of the bill, Campbell’s knowledge and expertise Whereas the first successful surgery by Congresswoman DEBBIE WASSERMAN and contributions to medicine, particu- Drs. Campbell and Smith in 1989 began a long SCHULTZ from Florida, for sponsoring larly in the field of pediatrics and pedi- crusade to receive approval for the device this bill, and also her tireless efforts to atric birth defects, maybe Fran would from the Food and Drug Administration get cosponsors and what’s necessary to be alive today. That would be great, be- (FDA); however, so few children are in need bring this bill to the floor on an expe- cause she was a wonderful person. of such devices that study trials stretched dited basis today. So I am very supportive of this reso- out for well over a decade; I will leave it to the Congresswoman lution honoring Dr. Robert Campbell, Whereas, after over 14 years of advocacy by Jr. Dr. Campbell and Dr. Smith and in large part to talk more about Dr. Robert M. due to their persistence and devotion to chil- Campbell, but let me just say that he is I reserve the balance of my time. dren, on September 2, 2004, the Food and a pediatric orthopedic surgeon, affili- Mr. PALLONE. Mr. Speaker, I yield Drug Administration approved the Vertical ated for many years with the Univer- such time as she may consume to the Expandable Prosthetic Titanium Rib; sity of Texas, and also now director of gentlewoman from Florida (Ms. Whereas the FDA found that the device the Thoracic Insufficiency Center at WASSERMAN SCHULTZ). If I could say, was safe and of benefit in enabling unas- the Children’s Hospital in Philadel- not only on this bill but on so many sisted breathing and less dependence on ven- phia. bills related to health care, she has tilators, and that without treatment, chil- really been out front and has taken a dren with the syndrome risk death from res- In collaboration with other special- piratory infections or inability to breathe; ists, he helped identify thoracic insuffi- leadership role. I want to commend her Whereas, since the FDA approval, the ciency syndrome, which is associated for that. Vertical Expandable Prosthetic Titanium with a rare condition of congenital sco- Ms. WASSERMAN SCHULTZ. Thank Rib for children with conditions such as Tho- liosis, fused ribs, small chests, and you, Chairman PALLONE, for your con- racic Insufficiency Syndrome, Jeune syn- missing ribs. After 14 years of advo- sideration. drome, and other medical problems that con- cacy, the Food and Drug Administra- Thank you to the Energy and Com- strict the growth of children’s lungs has tion approved the vertical expandable merce Committee—Mr. WAXMAN and saved the lives of hundreds of children with prosthetic titanium rib in 2004 through Mr. GINGREY—for granting us this time no other hope for survival; to honor Dr. Robert M. Campbell. Whereas the National Organization for Dr. Campbell’s efforts, so I want to ap- Rare Disorders (NORD) and the Office of Or- plaud his work. Thank you to all of the Members. In phan Products Development at the FDA I urge my colleagues to join me in the last few days, we have added more made critical investments in Dr. Campbell’s supporting this resolution, and I re- than 100 cosponsors to this legislation technology; serve the balance of my time. now, which is really remarkable in Whereas Dr. Campbell has served as an ad- only a few days. I had a chance to talk vocate for children with rare medical condi- b 1300 to so many of our colleagues about Dr. tions across the Nation by providing many Mr. GINGREY of Georgia. I yield my- Campbell’s story, and they wanted to hours of volunteer service to the National self such time as I may consume. join us in honoring him. Organization for Rare Disorders (NORD) as a Mr. Speaker, I rise today in support Mr. Speaker, Dr. Robert M. Campbell member of its Medical Advisory Committee; and of this resolution, House Resolution has dedicated his life to providing chil- Whereas Dr. Campbell has also served as an 1499, honoring the achievements of Dr. dren with life-saving medical care. I advocate for children through actions such Robert Campbell, Jr. and the work that first learned about Dr. Campbell’s work as his March 27, 2007, testimony before the he did in regard to not only this par- when a little boy in my district named United States Senate Committee on Health, ticular device that Mr. PALLONE just Devin Alfonso was given a terminal di- Education, Labor, and Pensions entitled described but in regard to a lot of other agnosis of severe scoliosis. His spine ‘‘Ensuring Safe Medicines and Medical De- pediatric medical equipment. and ribs were so severely bent that vices for Children’’: Now, therefore, be it I guess today is my day for reflec- Resolved, That the House of Representa- there was no room for his lungs and tives— tion, Mr. Speaker, because, as a prac- heart to grow. (1) honors Dr. Robert Campbell for his life- ticing physician for 31 years before For some time, the technology had long devotion to children’s health care; being elected as a Member of the existed to help adult patients with seri- (2) congratulates Dr. Robert Campbell and House, I distinctly recall having a pa- ous skeletal conditions. However, as his colleagues on their extraordinary tient who actually died of this Tho- Devin’s family had to learn the hard achievement in pediatric and orthopedic in- racic Insufficiency Syndrome, which way, the life-saving medical devices novation; and Mr. PALLONE was discussing in regard used in adult care are not fit for the (3) recognizes the Vertical Expandable to how Dr. Campbell invented this de- Prosthetic Titanium Rib device which has small bodies of children. So often, saved the lives of so many infants and chil- vice, this vertical expandable pros- these medical devices are simply far dren, while giving hope to their families. thetic rib. I don’t know when that in- too big for children who are suffering The SPEAKER pro tempore. Pursu- vention occurred. Well, I do know. It from either scoliosis, Thoracic Insuffi- ant to the rule, the gentleman from was in 1987. So, Mr. Speaker, the story ciency Syndrome, or similar condi- New Jersey (Mr. PALLONE) and the gen- of my patient was before that. tions. Even if miniature versions of tleman from Georgia (Mr. GINGREY) My patient was someone who was these devices were created, a growing each will control 20 minutes. born with spina bifida, someone who child’s body would mean that the de- The Chair recognizes the gentleman never had usage of her lower body, her vice would quickly become too small from New Jersey. limbs. She was what I guess you would and would require more invasive sur- GENERAL LEAVE refer to as a paraplegic. She did live gery. Mr. PALLONE. Madam Speaker, I into adulthood. When she was my pa- For years, physicians trying to treat ask unanimous consent that all Mem- tient, she was in her midthirties, and children like Devin were forced to use bers may have 5 legislative days in she was beautiful. Her name was Fran. less effective treatments, more which to revise and extend their re- Out of respect for the family, I won’t invasive therapies or jury-rigged make- marks and include extraneous material say her last name, but Fran was beau- shift equipment as their only options in the RECORD. tiful. She looked like a child even in providing this vital care. Far too The SPEAKER pro tempore. Is there though she was in her midthirties, but often, these doctors are left with no ef- objection to the request of the gen- her chest—her thorax—as was just defective treatment at all, meaning that tleman from New Jersey? scribed with Dr. Campbell’s patient, a diagnosis like Devin’s was simply a There was no objection. had not grown or fully developed, and death sentence. Mr. PALLONE. Madam Speaker, I it was difficult for her to breathe. Dr. Campbell refused to accept these yield myself such time as I may con- When Fran actually died, I am sad to outcomes. He devoted his career to sume. say, maybe a couple of years after she working with children like Devin who

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6194 CONGRESSIONAL RECORD — HOUSE July 28, 2010 were suffering from congenital scoli- Mr. GINGREY of Georgia. Mr. Speak- Pay-As-You-Go Act of 2010, shall be deter- osis, fused ribs, small chests, and miss- er, I ask my colleagues to support mined by reference to the latest statement ing ribs. He made it his mission to House Resolution 1499, the resolution titled ‘‘Budgetary Effects of PAYGO Legisla- tion’’ for this Act, submitted for printing in change their fates. In such a dire envi- honoring Dr. Robert Campbell, Jr. the Congressional Record by the Chairman of ronment, the work of this dedicated I have no further requests for time, the House Budget Committee, provided that physician, Dr. Robert Campbell, has and I yield back the balance of my such statement has been submitted prior to made all the difference. He has waged a time. the vote on passage. decades-long campaign to provide a so- Mr. PALLONE. Mr. Speaker, I urge The SPEAKER pro tempore. Pursu- lution for these children that gives adoption of the resolution. ant to the rule, the gentleman from them a fighting chance. I have no further requests for time, Maryland (Mr. SARBANES) and the gen- During the 1980s, while at the Univer- and I yield back the balance of my tleman from Kentucky (Mr. WHITFIELD) sity of Texas Health Science Center at time. each will control 20 minutes. San Antonio, Dr. Campbell teamed up The SPEAKER pro tempore (Mr. The Chair recognizes the gentleman with the late Dr. Melvin Smith on de- BLUMENAUER). The question is on the from Maryland. veloping a medical device suitable for motion offered by the gentleman from GENERAL LEAVE children. In 1987, Dr. Campbell, along New Jersey (Mr. PALLONE) that the Mr. SARBANES. Mr. Speaker, I ask with Dr. Smith, made a major break- House suspend the rules and agree to unanimous consent that all Members through with the invention of the the resolution, H. Res. 1499, as amend- may have 5 legislative days in which to Vertical Expandable Prosthetic Tita- ed. revise and extend their remarks and to nium Rib. This device proved to be The question was taken; and (two- include extraneous material in the easy to implant, and importantly, it thirds being in the affirmative) the RECORD. could be expanded with minor out- rules were suspended and the resolu- The SPEAKER pro tempore. Is there patient surgery as the child grows. tion, as amended, was agreed to. objection to the request of the gen- Unfortunately, as these rare rib and A motion to reconsider was laid on tleman from Maryland? spine disorders occur so infrequently in the table. There was no objection. the population, Dr. Campbell was just f Mr. SARBANES. I yield myself such starting his journey on getting this time as I may consume. life-saving device to the children who TRUTH IN FUR LABELING ACT OF Mr. Speaker, I rise in support of H.R. needed it. Completing the necessary 2009 2480, the Truth in Fur Labeling Act. trials for Food and Drug Administra- Mr. SARBANES. Mr. Speaker, I move I want to begin by thanking Rep- tion approval proved to be a tremen- to suspend the rules and pass the bill resentative MORAN from Virginia for dous challenge. The process stretched (H.R. 2480) to improve the accuracy of introducing this bill and Representa- out for well over a decade, but Dr. fur product labeling, and for other pur- tives RUSH, WAXMAN, WHITFIELD, and Campbell kept at it, working to de- poses, as amended. BARTON for moving this bill through velop and complete the needed trials. The Clerk read the title of the bill. the committee process. In this effort, he received invaluable The text of the bill is as follows: H.R. 2480 is a commonsense, bipartisan bill that, with one exception, re- help from the National Organization H.R. 2480 for Rare Disorders, or NORD. This or- quires all articles of apparel containing Be it enacted by the Senate and House of Rep- fur to be labeled regardless of the cost ganization of medical professionals resentatives of the United States of America in helps bring attention to the 6,800 Congress assembled, of the garment. This legislation will make clear to consumers and retailers known rare diseases that currently SECTION 1. SHORT TITLE. have no approved therapies. Through This Act may be cited as the ‘‘Truth in Fur exactly which products contain fur and funding and support from NORD, Dr. Labeling Act of 2009’’. which do not. During committee consideration, one Campbell was able to continue his SEC. 2. ELIMINATION OF EXEMPTION TO FUR exception was added to these require- work. PRODUCT LABELING REQUIRE- MENTS FOR PRODUCTS CONTAINING ments. An amendment by Mr. LATTA Dr. Campbell persevered and he ulti- RELATIVELY SMALL QUANTITIES OR mately prevailed. After many years of was accepted by voice vote to exempt VALUES OF FUR. from the labeling requirements those advocacy, due in large part to his devo- (a) IN GENERAL.—Section 2(d) of the Fur tion to children, he won approval from Products Labeling Act (15 U.S.C. 69(d)) is fur products that are sold by hunters the FDA for the Vertical Expandable amended by striking ‘‘; except that’’ and all and trappers out of their homes or at fairs or at other temporary spaces. Prosthetic Titanium Rib on September that follows through ‘‘contained therein’’. This exemption is extremely limited. It 2, 2004. (b) EFFECTIVE DATE.—The amendment Thanks to Dr. Campbell’s work, made by subsection (a) shall take effect on applies only to fur sold by the indi- the date that is 90 days after the date of the vidual who actually hunted or trapped Devin Alfonso was able to enroll in a enactment of this Act. clinical trial to receive the medical de- the animal when the sale of such furs is SEC. 3. EXEMPTION FOR DISCRETE SALES BY not the primary source of income for vice that saved his life. Hundreds of NON-RETAILERS. other children suffering from spinal that individual. The bill also directs Section 3 of the Fur Products Labeling Act the Federal Trade Commission to up- and skeletal abnormalities have also (15 U.S.C. 69a) is amended by adding at the date the Fur Products Name Guide, survived and have even thrived thanks end the following: which has been criticized as inaccurate to this enthusiastic doctor and his ‘‘(g) No provision of this Act shall apply to a fur product— and outdated. noteworthy invention. As indicated, this bill enjoys very From his identification of Thoracic ‘‘(1) the fur of which was obtained from an animal through trapping or hunting; and broad support from Members on both Insufficiency Syndrome to his persist- ‘‘(2) when sold in a face to face transaction sides of the aisle. I urge my colleagues ence in bringing his life-saving device at a place such as a residence, craft fair, or to support it. to fruition, Dr. Campbell has been a other location used on a temporary or short I reserve the balance of my time. stalwart for children’s health. He is an term basis, by the person who trapped or inspiration to everyone who has hunted the animal, where the revenue from b 1310 worked with him and, most certainly, the sale of apparel or fur products is not the Mr. WHITFIELD. Mr. Speaker, I to the children and families he has primary source of income of such person.’’. yield myself such time as I may con- helped. SEC. 4. FEDERAL TRADE COMMISSION REVIEW sume. I know the impact he has had on OF FUR PRODUCTS NAME GUIDE. I also would like to thank Congress- Not later than 90 days after the date of the Devin and on his mom, Rixys Alfonso. man MORAN for being a real leader on I know, over the past decade, I have enactment of this Act, the Federal Trade Commission shall publish in the Federal this legislation, and I certainly want to gotten to share in the joy as Devin has Register notice of, and an opportunity to thank Chairman RUSH and Chairman grown into a wonderful young man. comment on, a review of the Fur Products WAXMAN and others on the Energy and So please join me in celebrating Dr. Name Guide (16 CFR 301.0). Commerce Committee. Campbell’s achievements and in hon- SEC. 5. PAYGO COMPLIANCE. This legislation, as Mr. SARBANES oring his unwavering devotion to sav- The budgetary effects of this Act, for the adequately described, is relatively sim- ing the lives of so many children. purpose of complying with the Statutory ple. It simply amends the Fur Products

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 28, 2010 CONGRESSIONAL RECORD — HOUSE H6195 Labeling Act of 1951. That act required retailers—Mr. WHITFIELD has referred That law protects consumers by providing accuracy in the labeling of fur products to this—that were selling some of these product information and letting them know and apparel, but it did not apply to any fur-trimmed jackets as faux or raccoon whether the product is made from real animal apparel sold for less than $150. or coyote, or they weren’t labeled at fur, and if so, what type of fur. A series of recent investigations re- all. And you could find these in many A provision in that labeling law, however, vealed that a significant number of of the retailers whose names you know. exempts products with a ‘‘relatively small clothes designers and retailers were And they looked at 38 jackets. They quantity or value’’ of fur. selling some fur-trimmed garments de- subjected them to the spectrometry Since 1998, the Federal Trade Commission scribed as faux or raccoon or coyote or test which allows you to look and see has set that amount at $150. mink or whatever, when actually it exactly what the source of it is. Many garments—such as jackets, sweaters, turned out to be dog fur or something Many of them, as I say, that were vests, and accessories—that are only trimmed else. As a matter of fact, of 38 jackets identified as faux, of the 38 jackets with animal fur fall below this $150 threshold. subjected to very specific tests, every that were looked at, every single gar- And because that threshold includes only single garment of those 38 was either ment was either unlabeled, contained a the cost of the fur, not the total cost of the unlabeled or it contained a label that label that misidentified the animal, or garment, even products containing several misidentified the animal’s fur that was was falsely advertised with this faux pelts could fall below the limit. used in that garment. And so this legis- label. Three of the jackets advertised Products without labels, which are estimated lation is about transparency, providing as fake fur, two of which had no label, to account for 13 percent of the fur garment consumers with accurate information were found to contain fur from domes- market, pose a significant problem for con- on what they’re buying. tic dogs. Now, this goes in contraven- sumers. Eighty-seven percent of garments tion of legislation that’s already on the Some consumers may be allergic to certain sold in the U.S. today with fur already books. But if you don’t have that label- fur products. Absent a label, they may buy a are required to abide by this. This will ing imperative at work, then this kind product that they assume is faux fur, but turns simply require the other 13 percent, of thing can slide through. out to contain real fur that can impact their those valued below $150, to abide by the Designers, retailers, and consumers, health. same law. And consumer protection or- as a result of this, get put in a position Also, many consumers have strong moral ganizations, retail, and even the fash- where they can’t have confidence that objections to purchasing real fur products or ion industry all support this legisla- what they’re getting—whether it’s faux have concerns about the use of certain spe- tion. And I would urge our colleagues fur or real, and if real, from what ani- cies. to support it as well. mal—is something that they can count Without labels, how are customers sup- I yield back the balance of my time. on, especially, I might add, when it is posed to know what they are buying? Mr. SARBANES. Mr. Speaker, I want a source from China, based on some of At its core, this is a consumers’ rights bill. to, again, salute my colleagues for the investigations that have been done. And consumers have a right to be skeptical making this a bipartisan effort. I think So that’s why this legislation is so about the accuracy of the information they re- there’s a consensus of opinion that the critical. ceive when buying products at retail outlets. more information that’s available to As a result of the very broad support A series of recent investigations by The Hu- the consumer, to the retailer, the bet- it has, and based on its merits and the mane Society of the United States revealed ter off we all are. I mean, in many re- substance of it, I would urge my col- that dozens of designers and retailers were spects that’s the essence of a consumer leagues to support its passage today. selling fur-trimmed jackets advertised as protection initiative is to make sure Mr. Speaker, I am pleased to yield ‘‘faux,’’ ‘‘raccoon,’’ ‘‘coyote,’’ or not labeled at that people who are purchasing these such time as she may consume to Rep- all, which turned out to be raccoon dog, do- products actually have good informa- resentative SUTTON from Ohio, who is a mestic dog, or wolf. tion, truth in labeling at their finger- member of the Energy and Commerce The problem is complicated by the increas- tips. Committee and sits on the sub- ing use of dyeing and shearing on fur prod- I did want to salute the efforts of the committee that had jurisdiction with ucts. Humane Society of the United States respect to this particular piece of legis- If customers see pink, orange, blue, or because they have been very respon- lation. sheared trim, they often assume it is synthetic sible and persistent advocates on these Ms. SUTTON. Mr. Speaker, I rise because it is not labeled and does not resem- issues over many, many, many years. today in support of H.R. 2480, the Truth ble an animal’s fur. As a result of those efforts, Americans in Fur Labeling Act. Quite simply, the current labeling law has have been learning more and more Mr. Speaker, consumers should be not kept up with changes in the marketplace. about some of the unsavory practices— able to make informed decisions on The only way to ensure consumers have all it was just referred to by my col- what they’re purchasing. When fur is the information they deserve is by removing league—when it comes to the sale of not labeled because the value is below the $150 loophole and requiring labels on all these fur products and how they’re a certain level, a consumer may believe fur products. manufactured and what the source of that no fur is used, even when it is. This bill has the support of designers and the fur is. And, as a result, consumers This bill will fix that problem by re- retailers such as Gucci, Burberry, Saks Fifth want to know more, rightly. They jus- quiring that all fur apparel have labels, Avenue, Bloomingdale’s, Macy’s, and Tommy tifiably want to understand more about regardless of the value. Hilfiger. where those products come from and be It’s alarming when investigations re- These companies recognize the need for in a position to support the many busi- veal that dog fur and other animal furs clear and consistent standards as a way to nesses who are actually doing the right are being sold to consumers who ensure consumer confidence in the products thing and are engaged in good, posi- thought that they had merely pur- they sell. tive, best practices when it comes to chased fake fur. Labels on all fur prod- It is also supported by National Association marketing these products that contain ucts will allow consumers to know of Consumer Agency Administrators (NACAA), fur. what they are buying for themselves an organization representing more than 160 And so I think that this bill that’s and their families, and it will help us government agencies and 50 corporate con- been brought forward by my colleague, disclose the truth about the type of fur sumer offices. Mr. MORAN, the Truth in Fur Labeling that is being used on garments. This bill has been vetted thoroughly and Act, is going to help to advance that I urge a ‘‘yes’’ vote on this bill. modified at both the Subcommittee and Com- goal. And again, I’m very pleased that Mr. MORAN of Virginia. Mr. Speaker, I rise mittee level to address valid concerns raised it has the bipartisan support that was today in support of the Truth in Fur Labeling by the Members of the Minority, including the indicated. Act, legislation I introduced along with Rep- addition of language excluding from the label- I did want to cite some of the infor- resentative MARY BONO MACK. ing requirements small amounts of homemade mation that was gleaned through a few The Fur Products Labeling Act of 1951 re- products made by hunters and trappers. investigations that were initiated by quires that animal fur garments be labeled Finally, it is important to note that this bill The Humane Society. They discovered with the name of the species used, manufac- would in no way restrict any trade in fur or any that there were dozens of designers and turer, country of origin, and other information. methods of producing fur.

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00031 Fmt 4634 Sfmt 9920 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6196 CONGRESSIONAL RECORD — HOUSE July 28, 2010 Again, this is about giving all consumers, SEC. 2. COCAINE SENTENCING DISPARITY RE- activity subject to an aggravating role en- whether they have a closet full of fur garments DUCTION. hancement under the guidelines; and (a) CSA.—Section 401(b)(1) of the Con- or wouldn’t be caught dead in one, the com- (B) the offense involved 1 or more of the trolled Substances Act (21 U.S.C. 841(b)(1)) is following super-aggravating factors: plete information they need to make enlight- amended— (i) The defendant— ened purchasing decisions. (1) in subparagraph (A)(iii), by striking ‘‘50 (I) used another person to purchase, sell, This is a commonsense bill that deserves grams’’ and inserting ‘‘280 grams’’; and transport, or store controlled substances; broad support, and I ask my colleagues to (2) in subparagraph (B)(iii), by striking ‘‘5 (II) used impulse, fear, friendship, affec- vote for its passage. grams’’ and inserting ‘‘28 grams’’. tion, or some combination thereof to involve Mr. BLUMENAUER. Mr. Speaker, I am (b) IMPORT AND EXPORT ACT.—Section such person in the offense; and 1010(b) of the Controlled Substances Import proud to support H.R. 2480, the Truth in Fur (III) such person had a minimum knowl- and Export Act (21 U.S.C. 960(b)) is amend- edge of the illegal enterprise and was to re- Labeling Act. This legislation is an important ed— ceive little or no compensation from the ille- step for consumers and animals. It is also (1) in paragraph (1)(C), by striking ‘‘50 gal transaction. grams’’ and inserting ‘‘280 grams’’; and basic common sense. It removes a loophole (ii) The defendant— (2) in paragraph (2)(C), by striking ‘‘5 that has kept consumers from knowing what (I) knowingly distributed a controlled sub- grams’’ and inserting ‘‘28 grams’’. they’re buying and enforces a law that Con- stance to a person under the age of 18 years, gress passed ten years ago. SEC. 3. ELIMINATION OF MANDATORY MINIMUM a person over the age of 64 years, or a preg- SENTENCE FOR SIMPLE POSSES- We all deserve to know what we’re buying. SION. nant individual; However, the current fur labeling exemption is Section 404(a) of the Controlled Substances (II) knowingly involved a person under the unclear and out of date, leaving consumers in Act (21 U.S.C. 844(a)) is amended by striking age of 18 years, a person over the age of 64 the dark. Consumers often end up buying real the sentence beginning ‘‘Notwithstanding years, or a pregnant individual in drug traf- fur that they are told is fake or domestic dog the preceding sentence,’’. ficking; SEC. 4. INCREASED PENALTIES FOR MAJOR (III) knowingly distributed a controlled fur mislabeled as raccoon fur. If a product has substance to an individual who was unusu- less than $150 worth of fur on it, it doesn’t DRUG TRAFFICKERS. (a) INCREASED PENALTIES FOR MANUFAC- ally vulnerable due to physical or mental even need to be labeled at all. That means TURE, DISTRIBUTION, DISPENSATION, OR POS- condition, or who was particularly suscep- that a $500 coat with $150 worth of fur on the SESSION WITH INTENT TO MANUFACTURE, DIS- tible to criminal conduct; or collar and cuffs does not require a label. TRIBUTE, OR DISPENSE.—Section 401(b)(1) of (IV) knowingly involved an individual who Based on approximate pelt prices after tanning the Controlled Substances Act (21 U.S.C. was unusually vulnerable due to physical or and dressing, that coat could be made using 841(b)) is amended— mental condition, or who was particularly the fur from 30 rabbits, three Arctic foxes, one (1) in subparagraph (A), by striking susceptible to criminal conduct, in the of- ‘‘$4,000,000’’, ‘‘$10,000,000’’, ‘‘$8,000,000’’, and fense. otter or one timber wolf, without requiring any ‘‘$20,000,000’’ and inserting ‘‘$10,000,000’’, (iii) The defendant was involved in the im- sort of label. That does not provide consumers ‘‘$50,000,000’’, ‘‘$20,000,000’’, and ‘‘$75,000,000’’, portation into the United States of a con- with adequate protection and doesn’t allow respectively; and trolled substance. them to make informed decisions. The Truth in (2) in subparagraph (B), by striking (iv) The defendant engaged in witness in- Fur Labeling Act will remedy the situation and ‘‘$2,000,000’’, ‘‘$5,000,000’’, ‘‘$4,000,000’’, and timidation, tampered with or destroyed evi- give consumers the ability to make choices for ‘‘$10,000,000’’ and inserting ‘‘$5,000,000’’, dence, or otherwise obstructed justice in themselves, rather than being kept in the dark ‘‘$25,000,000’’, ‘‘$8,000,000’’, and ‘‘$50,000,000’’, connection with the investigation or pros- or even deceived. respectively. ecution of the offense. (b) INCREASED PENALTIES FOR IMPORTATION (v) The defendant committed the drug traf- I am proud to support this legislation today, AND EXPORTATION.—Section 1010(b) of the ficking offense as part of a pattern of crimi- and am pleased to see the widespread sup- Controlled Substances Import and Export nal conduct engaged in as a livelihood. port it has received from outside organiza- Act (21 U.S.C. 960(b)) is amended— SEC. 7. INCREASED EMPHASIS ON DEFENDANT’S tions, including such diverse groups as the (1) in paragraph (1), by striking ROLE AND CERTAIN MITIGATING Humane Society of the United States, Macy’s ‘‘$4,000,000’’, ‘‘$10,000,000’’, ‘‘$8,000,000’’, and FACTORS. and Saks Fifth Avenue. I hope that my col- ‘‘$20,000,000’’ and inserting ‘‘$10,000,000’’, Pursuant to its authority under section 994 leagues will join me in protecting consumer ‘‘$50,000,000’’, ‘‘$20,000,000’’, and ‘‘$75,000,000’’, of title 28, United States Code, the United respectively; and States Sentencing Commission shall review rights and animal welfare. (2) in paragraph (2), by striking Mr. SARBANES. Mr. Speaker, again, and amend the Federal sentencing guidelines ‘‘$2,000,000’’, ‘‘$5,000,000’’, ‘‘$4,000,000’’, and and policy statements to ensure that— I urge the support of this bill from my ‘‘$10,000,000’’ and inserting ‘‘$5,000,000’’, (1) if the defendant is subject to a minimal colleagues, and I yield back the bal- ‘‘$25,000,000’’, ‘‘$8,000,000’’, and ‘‘$50,000,000’’, role adjustment under the guidelines, the ance of my time. respectively. base offense level for the defendant based The SPEAKER pro tempore. The SEC. 5. ENHANCEMENTS FOR ACTS OF VIOLENCE solely on drug quantity shall not exceed question is on the motion offered by DURING THE COURSE OF A DRUG level 32; and the gentleman from Maryland (Mr. TRAFFICKING OFFENSE. (2) there is an additional reduction of 2 of- Pursuant to its authority under section 994 fense levels if the defendant— SARBANES) that the House suspend the of title 28, United States Code, the United rules and pass the bill, H.R. 2480, as (A) otherwise qualifies for a minimal role States Sentencing Commission shall review adjustment under the guidelines and had a amended. and amend the Federal sentencing guidelines minimum knowledge of the illegal enter- to ensure that the guidelines provide an ad- The question was taken; and (two- prise; ditional penalty increase of at least 2 offense thirds being in the affirmative) the (B) was to receive no monetary compensa- levels if the defendant used violence, made a rules were suspended and the bill, as tion from the illegal transaction; and credible threat to use violence, or directed amended, was passed. (C) was motivated by an intimate or famil- the use of violence during a drug trafficking A motion to reconsider was laid on offense. ial relationship or by threats or fear when the defendant was otherwise unlikely to the table. SEC. 6. INCREASED EMPHASIS ON DEFENDANT’S commit such an offense. f ROLE AND CERTAIN AGGRAVATING FACTORS. SEC. 8. EMERGENCY AUTHORITY FOR UNITED b 1320 Pursuant to its authority under section 994 STATES SENTENCING COMMISSION. FAIR SENTENCING ACT OF 2010 of title 28, United States Code, the United The United States Sentencing Commission States Sentencing Commission shall review shall— Mr. SCOTT of Virginia. Mr. Speaker, and amend the Federal sentencing guidelines (1) promulgate the guidelines, policy state- I move to suspend the rules and pass to ensure an additional increase of at least 2 ments, or amendments provided for in this the bill (S. 1789) to restore fairness to offense levels if— Act as soon as practicable, and in any event Federal cocaine sentencing. (1) the defendant bribed, or attempted to not later than 90 days after the date of en- The Clerk read the title of the bill. bribe, a Federal, State, or local law enforce- actment of this Act, in accordance with the The text of the bill is as follows: ment official in connection with a drug traf- procedure set forth in section 21(a) of the ficking offense; Sentencing Act of 1987 (28 U.S.C. 994 note), as S. 1789 (2) the defendant maintained an establish- though the authority under that Act had not Be it enacted by the Senate and House of Rep- ment for the manufacture or distribution of expired; and resentatives of the United States of America in a controlled substance, as generally de- (2) pursuant to the emergency authority Congress assembled, scribed in section 416 of the Controlled Sub- provided under paragraph (1), make such SECTION 1. SHORT TITLE. stances Act (21 U.S.C. 856); or conforming amendments to the Federal sen- This Act may be cited as the ‘‘Fair Sen- (3)(A) the defendant is an organizer, leader, tencing guidelines as the Commission deter- tencing Act of 2010’’. manager, or supervisor of drug trafficking mines necessary to achieve consistency with

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 28, 2010 CONGRESSIONAL RECORD — HOUSE H6197 other guideline provisions and applicable year mandatory sentence, a 100-to-1 falls on others. In the 1980s, America law. ratio. faced an epidemic created by a new, SEC. 9. REPORT ON EFFECTIVENESS OF DRUG This disparity is particularly egre- more potent form of cocaine known as COURTS. gious when you consider that the Sen- crack. Its abuse spread through major (a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the tencing Commission has concluded cities and across the country at a stun- Comptroller General of the United States that there is no pharmacological dif- ning speed. Along with crack came shall submit to Congress a report analyzing ference between the two forms of co- guns and violence, which riddled many the effectiveness of drug court programs re- caine, and that 80 percent of the crack urban communities. ceiving funds under the drug court grant pro- defendants are black, whereas only 30 These communities cried out for gram under part EE of title I of the Omnibus percent of the powder cocaine defend- help, and in 1986 Congress responded. Crime Control and Safe Streets Act of 1968 ants are black. We enacted tough penalties to protect (42 U.S.C. 3797–u et seq.). The crack penalties also create bi- these neighborhoods and bring an end (b) CONTENTS.—The report submitted under subsection (a) shall— zarre sentences when you consider sen- to the scourge of crack cocaine. The 1 (1) assess the efforts of the Department of tences such as the 24 ⁄2-year sentence penalties helped make America’s com- Justice to collect data on the performance of given to Kimba Smith for behavior munities safer. federally funded drug courts; that was just inferentially involved Now Congress is considering legisla- (2) address the effect of drug courts on re- with her boyfriend’s cocaine dealing. tion to wind down the fight against cidivism and substance abuse rates; The legislation moves the threshold drug addiction and drug-related vio- (3) address any cost benefits resulting from amount for the 5-year mandatory min- lence. Reducing the penalties for crack the use of drug courts as alternatives to in- imum from five grams to one ounce, re- cocaine could expose our neighbor- carceration; ducing the disparity from 100-to-1 to 18- hoods to the same violence and addic- (4) assess the response of the Department of Justice to previous recommendations to-1. The legislation does not fully tion that caused Congress to act in the made by the Comptroller General regarding eliminate the 100-to-1 disparity in sen- first place. drug court programs; and tencing for crack and powder, but it Twenty-five years ago, crack was (5) make recommendations concerning the does make good progress in addressing cheap, easily available, and highly performance, impact, and cost-effectiveness what is widely recognized as unfair profitable. According to the Drug En- of federally funded drug court programs. treatment of like offenders based sim- forcement Agency, never before had SEC. 10. UNITED STATES SENTENCING COMMIS- ply on the form of cocaine they pos- any form of cocaine been available at SION REPORT ON IMPACT OF such low prices and at such high pu- CHANGES TO FEDERAL COCAINE sessed. SENTENCING LAW. The bill also addresses another con- rity. As a result, the number of Ameri- Not later than 5 years after the date of en- cern. Arguments are made that crack cans addicted to cocaine increased dra- actment of this Act, the United States Sen- defendants are more likely to use vio- matically. Crack cocaine devastated tencing Commission, pursuant to the author- lence or minors in the distribution, and many communities, especially inner- ity under sections 994 and 995 of title 28, this bill specifically requires the Sen- city communities. Black Americans United States Code, and the responsibility of tencing Commission to significantly who lived in these communities bore the United States Sentencing Commission to advise Congress on sentencing policy under increase penalties for drug violations the brunt of the violence associated section 995(a)(20) of title 28, United States involving violence, threats of violence, with the drug trade. Code, shall study and submit to Congress a or use of minors, and another long list Today, crime rates, particularly for report regarding the impact of the changes of aggravating activities that would be violent crimes, are at their lowest levin Federal sentencing law under this Act and involved. This way the defendant is els in more than 30 years, thanks in the amendments made by this Act. sentenced for what he or she actually large part to the enactment of tough The SPEAKER pro tempore. Pursu- did, not the form of cocaine involved. penalties for drug trafficking and other ant to the rule, the gentleman from Many organizations are supporting S. offenses. Crack and powder cocaine use Virginia (Mr. SCOTT) and the gen- 1789, including the Federal Law En- has dropped by almost two-thirds in tleman from Texas (Mr. SMITH) each forcement Officers Association, the Na- the past 20 years, from 5.8 million users will control 20 minutes. tional District Attorneys Association, in 1985 to 2.1 million users in 2007. Ac- The Chair recognizes the gentleman the National Association of Police Offi- cording to the Bureau of Justice Sta- from Virginia. cers, the Council of Prison Locals, and tistics, crime victimization rates for GENERAL LEAVE several conservative religious organi- black Americans have fallen by more Mr. SCOTT of Virginia. Mr. Speaker, zations such as Prison Fellowship and than two-thirds since enactment of I ask unanimous consent that all Mem- the National Association of these tough Federal trafficking pen- bers have 5 legislative days to revise Evangelicals. And all of the civil rights alties. What’s wrong with that? Why do and extend their remarks and include organizations that one can imagine are we want to risk another surge of addic- extraneous material on the bill under also supporting the legislation. tion and violence by reducing pen- consideration. I would like to thank the sponsors of alties? The SPEAKER pro tempore. Is there the Senate bill, Senators DURBIN of Il- Many argue that Federal prisons are objection to the request of the gen- linois and SESSIONS of Alabama, and filled with addicts convicted of simple tleman from Virginia? ORRIN HATCH of Utah, who came to- possession of cocaine, but that’s not There was no objection. gether to pass this important bipar- true. The vast majority of Federal drug Mr. SCOTT of Virginia. I yield myself tisan legislation. offenders are convicted for drug traf- such time as I may consume. There are many Members of the ficking. In fiscal year 2009, the U.S. Mr. Speaker, S. 1789, the Fair Sen- House who have worked tirelessly over Sentencing Commission reports that tencing Act of 2010, is a bipartisan the years to reform this disparity, in- there were 25,000 Federal drug traf- compromise that was negotiated and cluding chairman of the Judiciary ficking convictions compared to fewer drafted by Democratic and Republican Committee, Mr. CONYERS; SHEILA JACK- than 300 convictions for simple posses- members of the Senate Judiciary Com- SON LEE; MAXINE WATERS; CHARLIE sion. So why do we want to make it mittee. It then passed the Senate Judi- RANGEL; and MEL WATT. more difficult to take drug traffickers ciary Committee and the Senate by On behalf of the organizations and off the streets and easier for them to unanimous consent. Members of Congress who support S. peddle their lethal product? The legislation will reduce the 100-to- 1789, I urge my colleagues to support Crack cocaine is associated with a 1 sentencing disparity between crack the legislation. greater degree of violence than most and powder cocaine in Federal law I reserve the balance of my time. other drugs. Crack offenders are also from 100-to-1 down to 18-to-1. The crack Mr. SMITH of Texas. Mr. Speaker, I more likely to have prior convictions penalties, under present law, for exam- yield myself such time as I may con- and lengthier criminal histories than ple, it only takes five grams of crack to sume. powder cocaine offenders. It is these trigger a 5-year mandatory minimum Mr. Speaker, those who fail to learn aggravating factors, which are more sentence, but for powder cocaine it the lessons of history often pay a price. common to crack cocaine trafficking, takes 500 grams to trigger the same 5- Unfortunately, the real cost usually that contribute to higher Federal

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6198 CONGRESSIONAL RECORD — HOUSE July 28, 2010 crack sentences. These aggravating the gentleman from South Carolina Unlike some allegations, this bill factors also render many Federal crack (Mr. CLYBURN). does not let those who possess crack offenders ineligible for the so-called Mr. CLYBURN. Mr. Speaker, I want cocaine off easily. The sentencing dis- ‘‘safety valve provision.’’ The safety to first thank my good friend, sub- parity is 18-to-1. That means that valve allows low-level offenders to be committee Chairman BOBBY SCOTT, for someone who possesses crack cocaine sentenced below the statutory manda- yielding me this time and for his lead- only has to have one-eighteenth of the tory penalties if they meet certain cri- ership on this very important issue. He amount of someone who possesses pow- teria, including no significant criminal and committee Chairman CONYERS der cocaine. So I don’t think that peo- history. have worked for years to eliminate the ple who either deal in crack cocaine or So why should we reduce the ratio unjust and discriminatory disparities who possess crack cocaine are getting for defendants who are more violent, between crack cocaine and powder co- off the hook by reducing the ratio from more likely to have criminal records, caine. 100-to-1 to 18-to-1. and less likely to benefit from the safe- Although I’m disappointed that this The Sentencing Commission has been ty valve provision that already pro- measure does not entirely eliminate set up by this Congress to look at sen- vides a mechanism for reduced pen- the disparity, I want to commend Sen- tencing patterns and look at sen- alties? Why are we coddling some of ators DURBIN, SESSIONS, and COBURN for tencing statistics. For the last 15 the most dangerous drug traffickers in crafting a very significant compromise. years, they have called for a change in America? The Fair Sentencing Act of 2009 will the disparity and the minimum sen- Proponents of reducing or elimi- significantly reduce the disparity in tences between those who are indicted nating the crack/powder ratio argue sentencing for crack and powder co- for violating the crack cocaine laws that crack penalties impact a larger caine and help to correct an enormous versus those who are indicted for vio- number of minorities than powder co- disparity in our criminal justice sys- lating the powder cocaine laws. caine penalties. But the percentage of tem. This is a very fair compromise. I sa- When the current law was passed, minority defendants for Federal crack lute the three members of the other Congress felt that crack cocaine was a and powder cocaine offenses is quite body who worked the compromise out. plague that was destroying minority similar. Eighty-two percent of crack It is a compromise that should be en- communities. Twenty years of experi- offenders and 90 percent of powder co- dorsed by this body and sent to the ence has taught us that many of our caine offenders are minorities, though President. I urge an ‘‘aye’’ vote. initial beliefs were wrong. We now black Americans comprise the major- Mr. SCOTT of Virginia. Mr. Speaker, know that there’s little or no pharma- ity of Federal crack cocaine offenders. I yield 2 minutes to the gentlelady cological distinction between crack co- Crack and powder cocaine offenders from Texas who has sponsored one of caine and powder cocaine, yet the pun- are even sentenced with mandatory the many bills on this issue and has ishment for these offenses remains penalties at similar rates. In 2009, 80 worked hard to eliminate the disparity radically different. altogether, Ms. JACKSON LEE. percent of crack cocaine offenders and Down where I come from, Mr. Speak- (Ms. JACKSON LEE of Texas asked 77 percent of powder cocaine offenders er, we say that when one learns better, and was given permission to revise and were convicted under a mandatory pen- one should do better. alty statute. The bill before us today, Equally troubling is the enormous extend her remarks.) Ms. JACKSON LEE of Texas. I want S. 1789, lowers the ratio for Federal growth in the prison population, espe- crack cocaine offenses from 100-to-1 to cially among minority youth. The cur- to thank the gentleman from Virginia 18-to-1. The bill also eliminates the rent drug sentencing policy is the sin- for being a champion of this issue of mandatory penalties for crack cocaine gle greatest cause of the record levels eliminating the disparities that have possession, making it only a mis- of incarceration in our country. One in so long plagued so many communities. demeanor under Federal law. Why every 31 Americans is in prison or on I thank the chairman, JOHN CONYERS, enact legislation that could endanger parole or on probation, including one for being persistent over the years on our children and bring violence back to in 11 African Americans. This is unjust the criminal justice issues—even com- our inner-city communities? and runs contrary to our fundamental ing to Houston, Texas, and listening to S. 1789 includes a requirement that principles of equal protection under the a teeming room of individuals who the U.S. Sentencing Commission re- law. came to tell him how they had been view and amend the applicable guide- Since 1995, the United States Sen- discriminated against by this over- lines for crack offenses involving vio- tencing Commission has issued report whelming inequitable law dealing with lence. However, since Federal judges after report calling on Congress to ad- crack cocaine. Thank you. are not required to adhere to the guide- dress this unfair disparity. According Today we’re doing something that is lines, there is no guarantee that any to the Sentencing Commission, restor- not going to be soft on crime. But let increased penalty will be imposed ing sentencing parity will do more me see if you understand this. under this provision. than any other policy change to close It takes 500 grams of powder cocaine Last year, the House Judiciary Com- the gap in incarceration rates between to trigger the 5-year mandatory min- mittee reported legislation, over Re- African Americans and white Ameri- imum. It just takes 5 grams of crack publican opposition, that would have cans. cocaine. Similarly it takes 5 kilograms eliminated entirely the ratio between The American drug epidemic is a se- of powder cocaine to trigger the 10-year crack and powder cocaine. Before that, rious problem, and we must address mandatory minimum but 50 grams of the Obama administration relaxed en- that problem. But our drug laws must crack cocaine. forcement of marijuana laws. be smart, fair, and rational. The legis- And so it is important that this 1-to- Mr. Speaker, the Democratic Party lation to be considered today takes a 18 be put in place in response to the teeters on the edge of becoming the significant step towards striking that 1980s when we thought this devastating face of deficits, drugs, and job destruc- balance. act of using drugs was the tion. I cannot support legislation that Mr. SMITH of Texas. Mr. Speaker, I underpinnings of crime. But what we might enable the violent and dev- yield 2 minutes to the gentleman from have seen and what the U.S. Sen- astating crack cocaine epidemic of the Wisconsin (Mr. SENSENBRENNER), a tencing Commission has seen is that past to become a clear and present dan- former chairman of the Judiciary Com- we’re creating crime by throwing these ger. mittee. individuals in jail instead of rehabilita- Mr. SENSENBRENNER. Mr. Speak- tion and by keeping this oppressive b 1330 er, I rise in support of this legislation. sentencing structure. Mr. Speaker, for these reasons, I urge It is a fair compromise. It deals with So for the first time, we’re elimi- my colleagues to oppose this legisla- conflicting issues, and it looked at the nating the 5-year mandatory minimum tion. data on who was indicted and who has prison term for first-time possession of I reserve the balance of my time. been sentenced both by race as well as crack cocaine and it encourages the Mr. SCOTT of Virginia. Mr. Speaker, by the amount of cocaine that they U.S. Sentencing Commission to amend I yield 3 minutes to the majority whip, possessed. the sentencing guidelines.

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 28, 2010 CONGRESSIONAL RECORD — HOUSE H6199 In addition, however, there’s more to just 5 grams of crack cocaine to trigger that this Act as soon as practicable, but not later go. Passing the Promise Bill to detour sentence. Similarly, while it takes 5 kilograms than 90 days after the enactment of this Act; young people away from crime. H.R. of powder cocaine to trigger the 10-year man- and (4) study and report to Congress on the 265, the bill I introduced, which was the datory minimum sentence, 50 grams of crack impact of changes in sentencing law under underpinnings of the S. 1789, had a cocaine will trigger the same sentence. this Act. number of other provisions that would This disparity made no sense when it was For the foregoing reasons, I stand with Mr. be dealing with rehabilitation and drug initially enacted, and makes absolutely no DURBIN in support of amending the Controlled courts. sense today, because cocaine base commonly Substances Act and the Controlled Sub- So there’s more work to be done, Mr. known as ‘crack cocaine,’ is made by dis- stances Import and Export Act in order to less- Speaker. But I believe this is a first solving cocaine hydrochloride, which is com- en the disparity between penalties for crack step and all good-thinking Americans monly known as ‘powder cocaine,’ in a solu- cocaine and powder cocaine that permeate who understand justice will appreciate tion of sodium bicarbonate (or a similar agent) the Sentencing Guidelines. the fact that we are eliminating these and water. Therefore, crack and powder co- I urge my colleagues to support this bill. disparities. And in particular, I will caine are simply different forms of the same H.R. 265 say to you that this fell heavily on the substance and all crack cocaine originates as Be it enacted by the Senate and House of Rep- poor African American and Hispanic powder cocaine. resentatives of the United States of America in Congress assembled, communities. Both forms of cocaine cause identical phys- SECTION 1. SHORT TITLE. The SPEAKER pro tempore. The ical effects, although crack is smoked, while This Act may be cited as the ‘‘Drug Sen- time of the gentlewoman has expired. powder cocaine is typically snorted or injected. tencing Reform and Cocaine Kingpin Traf- Mr. SCOTT of Virginia. Mr. Speaker, Epidemiological data show that smoking a ficking Act of 2009’’. I yield the gentlelady an additional drug delivers it to the brain more rapidly, SEC. 2. FINDINGS. minute. which increases the likelihood of addiction. Congress finds the following: Ms. JACKSON LEE of Texas. I thank Therefore, differences in the typical method of (1) Cocaine base (commonly known as the distinguished gentleman. administration of the two forms of the drug, ‘‘crack cocaine’’) is made by dissolving co- The statistics are very clear that the caine hydrochloride (commonly known as and not differences in the inherent properties ‘‘powder cocaine’’) in a solution of sodium bi- burden fell on a population that suf- of the two forms of the drug, make crack co- carbonate (or a similar agent) and water. fered more by not getting into rehabili- caine potentially more addictive to typical Therefore, crack and powder cocaine are tation than others. It is very clear that users than powder cocaine. Both forms of the simply different forms of the same substance those numbers are strong. drug are addictive, however, and the treatment and all crack cocaine originates as powder So I would simply say that as we protocol for the drug is the same regardless of cocaine. begin our work on establishing fair- the form of the drug the patient has used. (2) The physiological and psychotropic ef- ness, this is a first step. And I would Although Congress in the mid-1980s was fects of cocaine are similar regardless of say to the distinguished Members that whether it is in the form of cocaine base understandably concerned that the low-cost (crack) or cocaine hydrochloride (powder). we can do better on rehabilitation, and potency of crack cocaine would fuel an (3) One of the principal objectives of the drug court, intervention—which allows epidemic of use by minors, the epidemic of Anti-Drug Abuse Act of 1986, which estab- people to get into rehabilitation and crack cocaine use by young people never ma- lished different mandatory minimum pen- have an obligation to finish. terialized to the extent feared. In fact, in 2005, alties for different drugs, was to target Fed- And the main thing that I want to the rate of powder cocaine use among young eral law enforcement and prosecutorial re- leave us with, doing this will help us adults was almost 7 times as high as the rate sources on serious and major drug traf- detour any number of individuals to be of crack cocaine use. Furthermore, sentencing fickers. able to support their family and maybe (4) In 1986, Congress linked mandatory data suggest that young people do not play a minimum penalties to different drug quan- be real role models for children who we major role in crack cocaine trafficking at the tities, which were intended to serve as prox- likewise want to detour away from Federal level. ies for identifying offenders who were ‘‘seri- crime by having an innovative juvenile The current 100 to 1 penalty structure un- ous’’ traffickers (managers of retail drug justice system by passing this bill and dermines various congressional objectives set trafficking) and ‘‘major’’ traffickers (manu- going on to have criminal justice re- forth in the Anti-Drug Abuse Act of 1986. Data facturers or the kingpins who headed drug form as we pass the Promise Act as collected by the U.S. Sentencing Commission organizations). well. show that Federal resources have been tar- (5) Although drug purity and individual I rise in support of S. 1789, a bill that seeks tolerance vary, making it difficult to state geted at offenders who are subject to the with specificity the individual dose of each to amend the Controlled Substances Act and mandatory minimum sentences, which sweep form of cocaine, 5 grams of powder cocaine the Controlled Substances Import and Export in low-level crack cocaine users and dealers. generally equals 25 to 50 individual doses and Act in order to lessen the disparity between It is time for us to realize that the only real 500 grams of powder cocaine generally equals penalties for crack cocaine and powder co- difference between these two substances is 2,500 to 5,000 individual doses, while 5 grams caine that permeates the Sentencing Guide- that a disproportionate number of the races of crack cocaine generally equals 10 to 50 in- lines. I also want to thank Senator RICHARD flock to one or the other. It follows that more dividual doses (or enough for a heavy user to DURBIN (IL), for introducing this important leg- whites use cocaine, and more African Ameri- consume in one weekend) and 500 grams of islation and being a leader on this issue. cans use crack cocaine. The unwarranted crack cocaine generally equals 100 to 500 individual doses. This act requires Congress to change exist- sentencing disparity not only overstates the (6) In part because Congress believed that ing legislation in order to increase the amount relative harmfulness of the two forms of the crack cocaine had unique properties that of a controlled substance or mixture containing drug and diverts federal resources from high- made it instantly addictive, the Anti-Drug a cocaine base (i.e., crack cocaine) required level drug traffickers, but it also disproportion- Abuse Act of 1986 established an enormous for the imposition of mandatory minimum pris- ately affects the African-American community. disparity (a 100 to 1 powder-to-crack ratio) in on terms for trafficking. This bill also calls for According to the U.S. Sentencing Commis- the quantities of powder and crack cocaine an increase of monetary penalties for drug sion’s May 2007 Report, 82 percent of Federal that trigger 5- and 10-year mandatory min- trafficking and for the importation and expor- crack cocaine offenders sentenced in 2006 imum sentences. This disparity permeates the Sentencing Guidelines. tation of controlled substances. were African-American, while 8 percent were (7) Congress also based its decision to es- Last year I introduced a bill called the Drug Hispanic and 8 percent were white. tablish the 100 to 1 quantity ratio on the be- Sentencing Reform and Cocaine Kingpin Traf- Like H.R. 265, my bill, S. 1789 will eliminate liefs that— ficking Act of 2009, H.R. 265, in which I pro- the five-year mandatory minimum prison term (A) crack cocaine distribution and use was posed many of the reforms proposed in S. for first-time possession of crack cocaine. It associated with violent crime to a much 1789. In H.R. 265, I proposed 1 to 1 for crack also encourages the U.S. Sentencing Com- greater extent than was powder cocaine; and cocaine and added a long list of drug mission to amend its sentencing guidelines to (B) prenatal exposure to crack cocaine was treatment measures. It is widely known that it (1) increase sentences for defendants con- particularly devastating for children of crack users; takes 100 times more powder cocaine than victed of using violence during a drug traf- (C) crack cocaine use was particularly crack cocaine to trigger the 5- and 10-year ficking offense; (2) incorporate aggravating prevalent among young people; and mandatory minimum sentences. While it takes and mitigating factors in its guidelines for drug (D) crack cocaine’s potency, low cost, and 500 grams of powder cocaine to trigger the 5- trafficking offenses; (3) promulgate guidelines, ease of distribution and use were fueling its year mandatory minimum sentence, it takes policy statements, or amendments required by widespread use.

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6200 CONGRESSIONAL RECORD — HOUSE July 28, 2010 (8) As a result, it takes 100 times more centration of lower level Federal offenders is (D) whether the defendant distributed a powder cocaine than crack cocaine to trigger particularly pronounced among crack co- controlled substance to an individual under the 5- and 10-year mandatory minimum sen- caine offenders, more than half of whom the age of 21 years of age or to a pregnant tences. While it takes 500 grams of powder were street level dealers in 2005. woman; cocaine to trigger the 5-year mandatory min- (15) The Departments of Justice, Treasury, (E) whether the defendant involved an indi- imum sentence, it takes just 5 grams of and Homeland Security are the agencies vidual under the age of 18 years or a preg- crack cocaine to trigger that sentence. Simi- with the greatest capacity to investigate, nant woman in the offense; larly, while it takes 5 kilograms of powder prosecute, and dismantle the highest level of (F) whether the defendant manufactured or cocaine to trigger the 10-year mandatory drug trafficking organizations, but inves- distributed the controlled substance in a lo- minimum sentence, 50 grams of crack co- tigations and prosecutions of low-level of- cation described in section 409(a) or section caine will trigger the same sentence. fenders divert Federal personnel and re- 419(a) of the Controlled Substances Act (21 (9) Most of the assumptions on which the sources from the prosecution of the highest- U.S.C. 849(a) or 860(a)); current penalty structure was based have level traffickers, for which such agencies are (G) whether the defendant bribed, or at- turned out to be unfounded. best suited. tempted to bribe, a Federal, State, or local (10) Studies comparing usage of powder and (16) The unwarranted sentencing disparity law enforcement officer in connection with crack cocaine have shown that there is little not only overstates the relative harmfulness the offense; difference between the two forms of the drug of the two forms of the drug and diverts Fed- (H) whether the defendant was involved in and fundamentally undermine the current eral resources from high-level drug traf- importation into the United States of a con- quantity-based sentencing disparity. More fickers, but it also disproportionately affects trolled substance; specifically, the studies have shown the fol- the African-American community. Accord- (I) whether bodily injury or death occurred lowing: ing to the United States Sentencing Com- in connection with the offense; (A) Both forms of cocaine cause identical mission’s May 2007 Report, 82 percent of Fed- (J) whether the defendant committed the effects, although crack is smoked, while eral crack cocaine offenders sentenced in offense after previously being convicted of a powder cocaine is typically snorted. Epide- 2006 were African-American, while 8 percent felony controlled substances offense; and miological data show that smoking a drug were Hispanic and 8 percent were White. (K) any other factor the Commission con- delivers it to the brain more rapidly, which (17) Only 13 States have sentencing laws siders necessary; and increases likelihood of addiction. Therefore, that distinguish between powder and crack (3) adequately take into account miti- differences in the typical method of adminis- cocaine. gating factors associated with the offense, tration of the two forms of the drug, and not including— differences in the inherent properties of the SEC. 3. COCAINE SENTENCING DISPARITY ELIMI- NATION. (A) whether the defendant had minimum two forms of the drug, make crack cocaine (a) CSA.—Section 401(b)(1) of the Con- knowledge of the illegal enterprise; potentially more addictive to typical users trolled Substances Act (21 U.S.C. 841(b)(1)) is (B) whether the defendant received little than powder cocaine. Both forms of the drug amended— or no compensation in connection with the are addictive, however, and the treatment (1) in subparagraph (A)(iii), by striking ‘‘50 offense; protocol for the drug is the same regardless grams’’ and inserting ‘‘5 kilograms’’; and (C) whether the defendant acted on im- of the form of the drug the patient has used. pulse, fear, friendship, or affection when the (B) Violence committed by crack users is (2) in subparagraph (B)(iii), by striking ‘‘5 defendant was otherwise unlikely to commit relatively rare, and overall violence has de- grams’’ and inserting ‘‘500 grams.’’ such an offense; and creased for both powder and crack cocaine (b) IMPORT AND EXPORT ACT.—Section (D) whether any maximum base offense offenses. Almost all crack-related violence is 1010(b) of the Controlled Substances Import level should be established for a defendant systemic violence that occurs within the and Export Act (21 U.S.C. 960(b)) is amend- who qualifies for a mitigating role adjust- drug distribution process. Sentencing ened— ment. hancements are better suited to punish asso- (1) in paragraph (1)(C), by striking ‘‘50 ciated violence, which are separate, pre-ex- grams’’ and inserting ‘‘5 kilograms’’; and SEC. 6. OFFENDER DRUG TREATMENT INCENTIVE isting crimes in and of themselves. (2) in paragraph (2)(C), by striking ‘‘5 GRANTS. (C) The negative effects of prenatal expo- grams’’ and inserting ‘‘500 grams’’. (a) GRANT PROGRAM AUTHORIZED.—The At- sure to crack cocaine were vastly overstated. SEC. 4. ELIMINATION OF MANDATORY MINIMUM torney General shall carry out a grant pro- They are identical to the effects of prenatal FOR SIMPLE POSSESSION. gram under which the Attorney General may exposure to powder cocaine and do not serve Section 404(a) of the Controlled Substances make grants to States, units of local govern- as a justification for the sentencing dis- Act (21 U.S.C. 844(a)) is amended by striking ment, territories, and Indian tribes in an parity between crack and powder. the sentence beginning ‘‘Notwithstanding amount described in subsection (c) to im- (D) Although Congress in the mid-1980s was the preceding sentence,’’. prove the provision of drug treatment to of- understandably concerned that the low-cost SEC. 5. INCREASED EMPHASIS ON CERTAIN AG- fenders in prisons, jails, and juvenile facili- and potency of crack cocaine would fuel an GRAVATING AND MITIGATING FAC- ties. epidemic of use by minors, the epidemic of TORS. (b) REQUIREMENTS FOR APPLICATION.— crack cocaine use by young people never ma- Pursuant to its authority under section 994 (1) IN GENERAL.—To be eligible to receive a terialized to the extent feared. In fact, in of title 28, United States Code, the United grant under subsection (a) for a fiscal year, 2005, the rate of powder cocaine use among States Sentencing Commission shall review an entity described in such subsection shall, young adults was almost 7 times as high as and, if appropriate, amend the sentencing in addition to any other requirements speci- the rate of crack cocaine use. Furthermore, guidelines to ensure that the penalties for an fied by the Attorney General, submit to the sentencing data suggest that young people offense involving trafficking of a controlled Attorney General an application that dem- do not play a major role in crack cocaine substance— onstrates that, with respect to offenders in trafficking at the Federal level. (1) provide tiered enhancements for the in- prisons, jails, and juvenile facilities who re- (E) The current 100 to 1 penalty structure volvement of a dangerous weapon or vio- quire drug treatment and who are in the cus- undermines various congressional objectives lence, including, if appropriate— tody of the jurisdiction involved, during the set forth in the Anti-Drug Abuse Act of 1986. (A) an enhancement for the use or previous fiscal year that entity provided Data collected by the United States Sen- brandishment of a dangerous weapon; drug treatment meeting the standards estab- tencing Commission show that Federal re- (B) an enhancement for the use, or threat- lished by the Single State Authority for Sub- sources have been targeted at offenders who ened use, of violence; and stance Abuse (as that term is defined in sec- are subject to the mandatory minimum sen- (C) any other enhancement the Commis- tion 7(e)) for the relevant State to a number tences, which sweep in low-level crack co- sion considers necessary; of such offenders that is two times the num- caine users and dealers. (2) adequately take into account the culpa- ber of such offenders to whom that entity (11) In 1988, Congress set a mandatory min- bility of the defendant and the role of the de- provided drug treatment during the fiscal imum sentence for mere possession of crack fendant in the offense, including consider- year that is 2 years before the fiscal year for cocaine, the only controlled substance for ation of whether enhancements should be which that entity seeks a grant. which there is a mandatory minimum sen- added, either to the existing enhancements (2) OTHER REQUIREMENTS.—An application tence for simple possession for a first-time for aggravating role or otherwise, that take under this section shall be submitted in such offender. into account aggravating factors associated form and manner and at such time as speci- (12) Major drug traffickers and kingpins with the offense, including— fied by the Attorney General. traffic in powder, not crack. (A) whether the defendant committed the (c) ALLOCATION OF GRANT AMOUNTS BASED (13) Contrary to Congress’s objective of fo- offense as part of a pattern of criminal con- ON DRUG TREATMENT PERCENT DEM- cusing Federal resources on drug kingpins, duct engaged in as a livelihood; ONSTRATED.—The Attorney General shall al- the majority of Federal powder and crack co- (B) whether the defendant is an organizer locate amounts under this section for a fiscal caine offenders are those who perform low or leader of drug trafficking activities in- year based on the percent of offenders de- level functions in the supply chain. volving five or more persons; scribed in subsection (b)(1) to whom an enti- (14) As a result of the low-level drug quan- (C) whether the defendant maintained an ty provided drug treatment in the previous tities that trigger lengthy mandatory min- establishment for the manufacture or dis- fiscal year, as demonstrated by that entity imum penalties for crack cocaine, the contribution of the controlled substance; in its application under that subsection.

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(d) USES OF GRANTS.—A grant awarded to based strategies and that assist such abusers toring, regulation, and evaluation of sub- an entity under subsection (a) shall be used— by providing such abusers with— stance abuse services in that State. (1) for continuing and improving drug (A) drug treatment while in prison, jail, or (f) AUTHORIZATION OF APPROPRIATIONS.— treatment programs provided at prisons, a juvenile facility; There are authorized to be appropriated to jails, and juvenile facilities of that entity; (B) continued treatment during the period carry out this section $5,000,000 for each of and in which each such substance abuser is in fiscal years 2009 and 2010. (2) to strengthen rehabilitation efforts for prison, jail, or a juvenile facility, and until SEC. 8. EMERGENCY AUTHORITY FOR UNITED offenders by providing addiction recovery the completion of parole or court supervision STATES SENTENCING COMMISSION. support services, such as job training and of such abuser; (a) IN GENERAL.—The United States Sen- placement, education, peer support, men- (C) addiction recovery support services; tencing Commission, in its discretion, may— toring, and other similar services. (D) employment training and placement; (1) promulgate amendments pursuant to (e) REPORTS.—An entity that receives a (E) family-based therapies; the directives in this Act in accordance with grant under subsection (a) during a fiscal (F) structured post-release housing and the procedure set forth in section 21(a) of the year shall, not later than the last day of the transitional housing, including housing for Sentencing Act of 1987 (Public Law 100–182), following fiscal year, submit to the Attorney recovering substance abusers; and as though the authority under that Act had General a report that describes and assesses (G) other services coordinated by appro- not expired; and the uses of such grant. priate case management services; (2) pursuant to the emergency authority (f) AUTHORIZATION OF APPROPRIATIONS.— (4) includes a plan for coordinating the provided in paragraph (1), make such con- There are authorized to be appropriated data infrastructures among the entities informing amendments to the Sentencing $10,000,000 to carry out this section for each cluded in the eligible partnership and be- Guidelines as the Commission determines of fiscal years 2009 and 2010. tween such entities and the providers of necessary to achieve consistency with other SEC. 7. GRANTS FOR DEMONSTRATION PRO- services under the demonstration program guideline provisions and applicable law. GRAMS TO REDUCE DRUG USE SUB- involved (including providers of technical as- (b) PROMULGATION.—The Commission shall STANCE ABUSERS. sistance) to assist in monitoring and meas- promulgate any amendments under sub- (a) AWARDS REQUIRED.—The Attorney Gen- uring the effectiveness of demonstration pro- section (a) promptly so that the amendments eral may make competitive grants to eligi- grams under this section; and take effect on the same date as the amend- ble partnerships, in accordance with this sec- (5) includes a plan to monitor and measure ments made by this Act. tion, for the purpose of establishing dem- the number of substance abusers— SEC. 9. INCREASED PENALTIES FOR MAJOR onstration programs to reduce the use of al- (A) located in each community involved; DRUG TRAFFICKERS. cohol and other drugs by supervised sub- and (a) INCREASED PENALTIES FOR MANUFAC- stance abusers during the period in which (B) who improve the status of their em- TURE, DISTRIBUTION, DISPENSATION, OR POS- each such substance abuser is in prison, jail, ployment, housing, health, and family life. SESSION WITH INTENT TO MANUFACTURE, DIS- or a juvenile facility, and until the comple- (d) REPORTS TO CONGRESS.— TRIBUTE, OR DISPENSE.—Section 401(b)(1) of tion of parole or court supervision of such (1) INTERIM REPORT.—Not later than Sep- the Controlled Substances Act (21 U.S.C. abuser. tember 30, 2009, the Attorney General shall 841(b)) is amended— (b) USE OF GRANT FUNDS.—A grant made submit to Congress a report that identifies (1) in subparagraph (A), by striking under subsection (a) to an eligible partner- the best practices relating to the comprehen- ‘‘$4,000,000’’, ‘‘$10,000,000’’, ‘‘$8,000,000’’, and ship for a demonstration program, shall be sive and coordinated treatment of substance ‘‘$20,000,000’’ and inserting ‘‘$10,000,000’’, used— abusers, including the best practices identi- ‘‘$50,000,000’’, ‘‘$20,000,000’’, and ‘‘$75,000,000’’, (1) to support the efforts of the agencies, fied through the activities funded under this respectively; and organizations, and researchers included in section. (2) in subparagraph (B), by striking the eligible partnership, with respect to the (2) FINAL REPORT.—Not later than Sep- ‘‘$2,000,000’’, ‘‘$5,000,000’’, ‘‘$4,000,000’’, and program for which a grant is awarded under tember 30, 2010, the Attorney General shall ‘‘$10,000,000’’ and inserting ‘‘$5,000,000’’, this section; submit to Congress a report on the dem- ‘‘$25,000,000’’, ‘‘$8,000,000’’, and ‘‘$50,000,000’’, (2) to develop and implement a program for onstration programs funded under this sec- respectively. supervised substance abusers during the pe- tion, including on the matters specified in (b) INCREASED PENALTIES FOR IMPORTATION riod described in subsection (a), which shall paragraph (1). AND EXPORTATION.—Section 1010(b) of the include— (e) DEFINITIONS.—In this section: Controlled Substances Import and Export (A) alcohol and drug abuse assessments (1) ELIGIBLE PARTNERSHIP.—The term ‘‘eli- Act (21 U.S.C. 960(b)) is amended— that— gible partnership’’ means a partnership that (1) in paragraph (1), by striking (i) are provided by a State-approved pro- includes— ‘‘$4,000,000’’, ‘‘$10,000,000’’, ‘‘$8,000,000’’, and gram; and (A) the applicable Single State Authority ‘‘$20,000,000’’ and inserting ‘‘$10,000,000’’, (ii) provide adequate incentives for comple- for Substance Abuse; ‘‘$50,000,000’’, ‘‘$20,000,000’’, and ‘‘$75,000,000’’, tion of a comprehensive alcohol or drug (B) the State, local, territorial, or tribal respectively, and abuse treatment program, including through criminal or juvenile justice authority in- (2) in paragraph (2), by striking the use of graduated sanctions; and volved; ‘‘$2,000,000’’, ‘‘$5,000,000’’, ‘‘$4,000,000’’, and (B) coordinated and continuous delivery of (C) a researcher who has experience in evi- ‘‘$10,000,000’’ and inserting ‘‘$5,000,000’’, drug treatment and case management serv- dence-based studies that measure the effec- ‘‘$25,000,000’’, ‘‘$8,000,000’’, and ‘‘$50,000,000’’, ices during such period; and tiveness of treating long-term substance respectively. (3) to provide addiction recovery support abusers during the period in which such SEC. 10. AUTHORIZATION OF APPROPRIATIONS services (such as job training and placement, abusers are under the supervision of the AND REQUIRED REPORT. peer support, mentoring, education, and criminal or juvenile justice system involved; (a) AUTHORIZATION OF APPROPRIATIONS FOR other related services) to strengthen reha- (D) community-based organizations that DEPARTMENT OF JUSTICE.—There is author- bilitation efforts for substance abusers. provide drug treatment, related recovery ized to be appropriated to the Department of (c) APPLICATION.—To be eligible for a grant services, job training and placement, edu- Justice not more than $36,000,000 for each of under subsection (a) for a demonstration pro- cational services, housing assistance, men- the fiscal years 2009 and 2010 for the prosecu- gram, an eligible partnership shall submit to toring, or medical services; and tion of high-level drug offenses, of which— the Attorney General an application that— (E) Federal agencies (such as the Drug En- (1) $15,000,000 is for salaries and expenses of (1) identifies the role, and certifies the in- forcement Agency, the Bureau of Alcohol, the Drug Enforcement Administration; volvement, of each agency, organization, or Tobacco, Firearms, and Explosives, and the (2) $15,000,000 is for salaries and expenses researcher involved in such partnership, with office of a United States attorney). for the Offices of United States Attorneys; respect to the program; (2) SUBSTANCE ABUSER.—The term ‘‘sub- (3) $4,000,000 each year is for salaries and (2) includes a plan for using judicial or stance abuser’’ means an individual who— expenses for the Criminal Division; and other criminal or juvenile justice authority (A) is in a prison, jail, or juvenile facility; (4) $2,000,000 is for salaries and expenses for to supervise the substance abusers who (B) has abused illegal drugs or alcohol for the Office of the Attorney General for the would participate in a demonstration pro- a number of years; and management of such prosecutions. gram under this section, including for— (C) is scheduled to be released from prison, (b) AUTHORIZATION OF APPROPRIATIONS FOR (A) administering drug tests for such abus- jail, or a juvenile facility during the 24- DEPARTMENT OF TREASURY.—There is author- ers on a regular basis; and month period beginning on the date the rel- ized to be appropriated to the Department of (B) swiftly and certainly imposing an es- evant application is submitted under sub- the Treasury for salaries and expenses of the tablished set of graduated sanctions for non- section (c). Financial Crime Enforcement Network compliance with conditions for reentry into (3) SINGLE STATE AUTHORITY FOR SUBSTANCE (FINCEN) not more than $10,000,000 for each the community relating to drug abstinence ABUSE.—The term ‘‘Single State Authority of fiscal years 2009 and 2010 in support of the (whether imposed as a pre-trial, probation, for Substance Abuse’’ means an entity des- prosecution of high-level drug offenses. or parole condition, or otherwise); ignated by the Governor or chief executive (c) AUTHORIZATION OF APPROPRIATIONS FOR (3) includes a plan to provide supervised officer of a State as the single State admin- DEPARTMENT OF HOMELAND SECURITY.—There substance abusers with coordinated and con- istrative authority responsible for the plan- is authorized to be appropriated for the De- tinuous services that are based on evidence- ning, development, implementation, moni- partment of Homeland Security not more

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6202 CONGRESSIONAL RECORD — HOUSE July 28, 2010 than $10,000,000 for each of fiscal years 2009 the crack epidemic and the 1986 drug Mr. SCOTT of Virginia. Mr. Speaker, and 2010 for salaries and expenses in support bill. The concern about crack cocaine I yield myself 30 seconds to make a of the prosecution of high-level drug of- was, and in my view remains, a valid brief comment. fenses. one. According to the National Insti- The gentleman from California just (d) ADDITIONAL FUNDS.—Amounts author- mentioned the 1986 law. We are not ized to be appropriated under this section tute on Drug Abuse, crack causes fast- shall be in addition to amounts otherwise er and shorter highs than powder, blaming anybody for what happened in available for, or in support of, the prosecu- which results in more frequent use. 1986, but we have had years of experi- tion of high-level drug offenses. Crack cocaine is also associated with ence and have determined that there is (e) REPORT OF COMPTROLLER GENERAL.— gang activities and violence, as evi- no justification for the 100-to-1 ratio. Not later than 180 days after the end of each denced by U.S. Sentencing Commission We know that’s what we know now, of fiscal years 2009 and 2010, the Comptroller data. There is, in my view, a basis for and so we’re not blaming anybody for General shall submit to the Committees on disparate treatment of those who traf- what happened in 1986, but we are fix- the Judiciary and the Committees on Appro- ing what we have learned through priations of the Senate and House of Rep- fic in crack versus powder. Having said that, the inclusion that years of experience. resentatives a report containing information I yield 2 minutes to the gentleman on the actual uses made of the funds appro- there is a basis for treating crack and priated pursuant to the authorization of this powder differently is in no way a jus- from Minnesota (Mr. ELLISON). section. tification for the 100-to-1 sentencing Mr. ELLISON. Let me thank Chair- man SCOTT, Chairman CONYERS, and SEC. 11. EFFECTIVE DATE. ratio contained in the 1986 drug bill. The amendments made by this Act shall We initially came out of committee also let me thank my colleagues on the apply to any offense committed on or after with a 20-to-1 ratio. By the time we fin- other side of the aisle who see the wis- 180 days after the date of enactment of this ished on the floor, it was 100-to-1. We dom of moving forward based on what Act. There shall be no retroactive applica- didn’t really have an evidentiary basis we know about the disparity in crack tion of any portion of this Act. for it, but that’s what we did, thinking cocaine sentencing now, what we’ve Mr. SMITH of Texas. Mr. Speaker, I we were doing the right thing at the learned over the years, thank all of them for yielding to evidence, which I yield 2 minutes to the gentleman from time. California (Mr. LUNGREN), a senior and Certainly, one of the sad ironies in think is so important. Before I ever came to Congress, Mr. active member of the Judiciary Com- this entire episode is that a bill which Speaker, I spent the better part of my mittee. was characterized by some as a re- life representing people in the courts of Mr. DANIEL E. LUNGREN of Cali- sponse to the crack epidemic in Afri- our country as a public defender and fornia. Mr. Speaker, I rise in support of can American communities has led to representing them in the courts of our S. 1789, but as someone who helped to racial sentencing disparities which write the Drug Control Act of 1986 that country in Federal and State court, simply cannot be ignored in any rea- and I saw so many of these cases. I we seek to amend, I’d like to make a soned discussion of this issue. When Af- few observations to set the record think what disgusted me the most is rican Americans, low-level crack de- the human potential that would just be straight. fendants, represent 10 times the num- It is indeed true that the death of thrown away, as I would have to tell a ber of low-level white crack defend- young person who was caught with basketball star Len Bias served as an ants, I don’t think we can simply close exclamation point concerning the crack that if they’d had cocaine they our eyes. would have a chance at probation, they threat posed to our Nation by the The SPEAKER pro tempore. The scourge of illegal drug use. The fact would be able to really take advan- time of the gentleman has expired. tages of treatment and perhaps recon- that someone who seemed bigger than Mr. SMITH of Texas. Mr. Speaker, I life could fall prey to the growing co- struct their lives. But because they had yield the gentleman an additional 1 crack, their lives were going to be basi- caine epidemic brought home the re- minute. cally over at a pretty young age, ality of the danger to every home with Mr. DANIEL E. LUNGREN of Cali- thrown away in a cell to have really no a television set that had tuned into the fornia. I thank the gentleman. real opportunity, be in prison for 10, 5 University of Maryland basketball Although I cannot, and could not, years for what another person would games. And that reality was not lost on support the legislation reported out of get probation for. And this made it in- this body. our committee to completely eliminate credibly difficult to argue that our sys- The number of Americans addicted to any disparity in the treatment of these tem of law was fair, that we believed in cocaine dramatically increased in the illicit substances, that is not what we justice, that we thought it was right 1980s thanks in major part to the esca- have before us today on this floor. I and just to treat people the same for lation in crack use. Hospital emer- must say that from a law enforcement doing the same thing. gencies increased by 110 percent in 1986. standpoint, perhaps the most impor- The fact is, the chemical difference From 1984 to 1987, cocaine incidents in- tant factor here is the amount of the between crack and cocaine is the dif- creased fourfold. The crack epidemic substance that is covered. According to ferences between water and ice. It is was associated with a dramatic in- narcotics officers I have spoken with, the same thing, and you cannot explain crease in drug gang-related violence. you want to reach the wholesale and to a people that for doing the same A 1988 study by the Bureau of Justice mid-level traffickers who often traf- thing that they should get 100-to-1 Statistics found that in New York ficked in 1-ounce quantities. more severe treatment. It doesn’t City, crack use was tied to 32 percent That is why S. 1789 would raise the make sense. of all homicides and 60 percent of all amount of crack cocaine necessary to So let me just commend people on drug-related homicides. trigger a mandatory 5-year sentence both sides of the aisle for correcting from 5 grams to 28 grams, which is b 1340 this severely disproportionate and un- close to the 1 ounce. This does seem to fair anomaly in our law enforcement, I would add that even 5 years after make some sense. It is a fair and just and I take no blame for anybody. But I the drug bill was considered on this treatment of the problem. It serves the will say that there are thousands of floor there was a growing concern over interests of law enforcement in reach- people, literally thousands of people, the crack epidemic which plagued mi- ing wholesale and mid-level traffickers who may get a real chance at life be- nority neighborhoods. The acclaimed while reducing the crack powder ratio cause of a mistake in their drug cases, depiction of this scourge was even por- to 18-to-1 from the current 100-to-1. because of this law. trayed in the movie ‘‘New Jack City.’’ I think this is tough but fair. I would Mr. SMITH of Texas. Mr. Speaker, I Director Mario Van Peebles, also one of not support going further. I support yield 2 minutes to my friend and col- the main characters in the film, ob- this bill very strongly. I believe that league from Texas (Mr. PAUL). served that ‘‘the immediate problem is this is what justice should be about. (Mr. PAUL asked and was given per- that crack is and was a killer in the This is a well-crafted bill. It is a good mission to revise and extend his re- Black community today.’’ compromise. It serves the ends of jus- marks.) That’s what we faced at the time we tice and fairness. I hope people will Mr. PAUL. I thank the gentleman for passed this bill. This is the context of support it. yielding.

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 28, 2010 CONGRESSIONAL RECORD — HOUSE H6203 Mr. Speaker, I rise in support of this cocaine and powder cocaine sentences— prosecuted for possession. This is about legislation. It’s called the Fair Sen- both addictive, both illegal. offenders who perpetually peddled this tencing Act. I’d like to rename it, Possessing an amount of crack equal dangerous drug and should pay the though. I’d like to call it the Slightly to the weight of two pennies has re- price for their actions. sulted in a mandatory minimum sen- Fairer Resentencing Act, because it Despite the devastating impact crack tence of 5 years. In order to receive a really makes an attempt to correct a cocaine has had on American commu- very, very serious problem in equal jus- similar sentence for possessing a nities, this bill reduces the penalties tice in our systems, and that effort I chemically similar powder, cocaine, for crack cocaine. Why would we want think we should all applaud. I would one would have to be carrying 100 to do that? We should not ignore the have much preferred H.R. 3245. I was an times as much cocaine. original cosponsor of that along with It has long been clear that 100-to-1 severity of crack addiction or ignore the differences between crack and pow- Congressman SCOTT, but I think this is disparity has had a racial dimension as a typical example of trying to fix a well, helping to fill our prisons with der cocaine trafficking. We should problem that we invite upon ourselves. African Americans disproportionately worry more about the victims than In economics, I adhere to the posi- put behind bars for longer. about the criminals. tion that once you want to do some The 100-to-1 disparity is counter- Why would we want to reduce the good in the economy, with all the best productive and unjust. That’s not just penalties for crack cocaine trafficking motivations, we do things and we cre- my opinion, but the opinion of a bipar- and invite a return to a time when co- ate new problems and we have to go tisan U.S. Sentencing Commission, the caine ravaged our communities, espe- back. If you get two new problems for Judicial Conference of the United cially minority communities? every intervention, then you’re con- States, the National District Attorneys stantly writing laws. Association, the National Association This bill sends the wrong message to Well, in social policy, I believe the of Police Organizations, the Federal drug dealers and those who traffic in same thing. It was trying to improve Law Enforcement Officers Association, destroying Americans’ lives. It sends social policy with crack cocaine. There the International Union of Police Asso- the message that Congress takes drug was no evidence on this. It was de- ciations, and dozens of former Federal crimes less seriously than they did. signed to help people, especially the judges and prosecutors. They have seen The bill before us threatens to return minorities that were using crack co- firsthand the damaging effects of our America to the days when crack cocaine, and they thought this was ter- unequal sentencing guidelines up close, caine corroded the minds and bodies of rible, and it turned out that its law and they understand the need to our children, decimated a generation, backfired. It actually hurt minorities, change them. That’s what this is and destroyed communities. didn’t help them. Here we are trying to about. Mr. Speaker, I hope, sincerely, that correct this disparity, and it just, to The Fair Sentencing Act does that. It those who support this legislation are me, confirms the fact that government also strengthens sentences for those prepared to take responsibility if co- management, whether it is the econ- who profit by addicting others to caine trafficking increases, if our omy or social policy, doesn’t make a drugs, as it should do. neighborhoods and communities once whole lot of sense. This bill has overwhelming bipar- again become riddled with violence, When this country decided it was tisan support. Whatever their opinions and the lives of Americans are unneces- very dangerous to drink alcohol and we on drug policies, members of law en- sarily destroyed. had to stop it, back in those days, in forcement, community advocates, and the teens of the last century, they de- Members of Congress overwhelmingly I hope that doesn’t happen, but at cided in order for the government to do support this bill. In fact, it passed the least today we have gone on record as this they had to amend the Constitu- Senate unanimously. saying that there was a warning, and I tion. Can you imagine anybody being In the words of a letter signed by a can only hope that at some point in the concerned today by what we do here bipartisan group with sponsors on the future it will be heeded and responded and say we have to amend the Con- Senate Judiciary—Senators LEAHY, to. stitution? Oh, no. We amended the Con- SESSIONS, FEINSTEIN, HATCH, SPECTER, Mr. Speaker, I yield back the balance stitution. It was a bomb. It made alco- GRASSLEY, DURBIN, GRAHAM, CARDIN, of my time. hol much more dangerous. All the drug CORNYN and COBURN—a very, very bi- Mr. SCOTT of Virginia. Mr. Speaker, dealers sold the alcohol, and the alco- partisan and broad spectrum group of hol was more concentrated and less supporters, they said this: ‘‘Congress this bill does not reduce the disparity pure. People died. People woke up and has debated the need to address the from 100-to-1 to 1-to-1. It does not they repealed it. crack powder disparity for too long. We eliminate the mandatory minimums, This is what’s going to have to hap- now have the ability to address this but it is a step in the right direction pen someday. We need to repeal the issue on a bipartisan basis.’’ They sup- and, therefore, I urge my colleagues to war on drugs. ported this legislation, which is, again, support S. 1789. Mr. SMITH of Texas. Mr. Speaker, I why it passed in a bipartisan fashion Mr. PAUL. Mr. Speaker, I rise in reluctant have no further requests for time, and through the United States Senate. support for S. 1789, the Fair Sentencing Act. I reserve the balance of my time. My colleagues, I urge support of this My support is reluctant because S. 1789 is an Mr. SCOTT of Virginia. Mr. Speaker, legislation. I am pleased that the lead- uncomfortable mix of some provisions that re- I yield 1 minute to the majority leader ership on both sides of the aisle will be duce the harms of the federal war on drugs of the House of Representatives, the supporting this legislation. We do so and other provisions that increase the harms gentleman from Maryland (Mr. HOYER). for the same reason that Senators of that disastrous and unconstitutional war. I b 1350 CORNYN, HATCH, GRAHAM, and SESSIONS am supporting this legislation because I am Mr. HOYER. Mr. Speaker, I rise in all support their legislation. It’s the optimistic the legislation’s overall effect will be support of this legislation and thank right thing to do. It will enhance, not positive. Mr. SCOTT for yielding to me. diminish prosecution, and it will lead I also want to thank the former at- to better justice in America while at Congress should be looking critically at how torney general from California, DAN the same time making sure that we pe- we can extricate America from the four dec- LUNGREN, for working with me on this nalize and hold accountable those who ades of destruction that has ensued since issue and JIM SENSENBRENNER and oth- would addict our children and our fel- President Richard Nixon announced the fed- ers. low citizens. eral war on drugs in 1972. As a medical doc- Two decades ago, Congress responded I urge support of this legislation. tor with over 30 years’ experience, I certainly to the addictiveness of crack cocaine, a Mr. SMITH of Texas. I yield myself recognize the dangers that can arise from terrible drug, and the violence it the balance of my time. drug abuse. However, experience shows that brought in its wake by establishing Mr. Speaker, more than any other the federal drug war creates many additional harsh mandatory sentences for pos- drug, the majority of crack defendants dangers, while failing to reduce the problems sessing and dealing it. In supporting have prior criminal convictions. De- associated with drug abuse. Like 14 years of that policy, Congress also created a spite claims by some, this is not an federal alcohol prohibition in the 1920s and wide disparity, however, between crack issue of one-time crack users being ’30s, America’s federal drug war has failed to

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00039 Fmt 4634 Sfmt 9920 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6204 CONGRESSIONAL RECORD — HOUSE July 28, 2010 ameliorate the problems associated with drug federal drug war has shown that ramping up sums as may be necessary to carry out this use, while fostering violence and disrespect penalties always results in increasing rather section. for individual rights. than decreasing the harms arising from the SEC. 3. REFERRAL OF CASES TO THE ATTORNEY While imperfect, I am optimistic that the federal drug war. Such enhanced penalties in- GENERAL. Section 6(a) of the Lobbying Disclosure Senate bill being considered today will reduce crease the risks of the drug trade thus causing Act of 1995 (2 U.S.C. 1605(a)) is amended— the harms of the federal drug war. I also hope illegal drug operations to be more ruthless and (1) in paragraph (8), by striking ‘‘United consideration of this legislation will enliven in- violent in their tactics. Enhanced penalties States Attorney for the District of Colum- terest in ending the federal war on drugs. also can result in even more inflated prices for bia’’ and inserting ‘‘Attorney General’’; and It is unfortunate that the House of Rep- illegal drugs, leading to more thefts by individ- (2) in paragraph (11), by striking ‘‘United resentatives is today considering this com- uals seeking funds to support their drug use. States Attorney for the District of Colum- promise legislation from the Senate instead of High monetary fines for drug trafficking also bia’’ and inserting ‘‘Attorney General’’. Representative BOBBY SCOTT’s H.R. 3245, the tend to provide police and prosecutors with a SEC. 4. RECOMMENDATIONS FOR IMPROVED EN- Fairness in Cocaine Sentencing Act. I am an FORCEMENT. perverse incentive to focus on nonviolent drug The Attorney General may make rec- original cosponsor of Representative SCOTT’s crimes instead of violent crimes. ommendations to Congress with respect to— bill, which passed the House of Representa- Each successive ramping up of the federal (1) the enforcement of and compliance with tives Committee on the Judiciary on July 29, war on drugs has made it more evident that the Lobbying Disclosure Act of 1995; and 2009—one year ago tomorrow. Representative this war is incompatible with constitutional (2) the need for resources available for the SCOTT’s legislation is a short and simple bill government, individual liberty, and prosperity. enhanced enforcement of the Lobbying Dis- that repeals a handful of clauses, sentences, It is time for Congress to reverse course. I am closure Act of 1995 and subparagraphs of federal drug laws to optimistic that S. 1789—even with its faults— SEC. 5. INFORMATION IN ENFORCEMENT RE- eliminate the 100 to one drug weight basis for may signal that Congress is ready to begin re- PORTS. sentencing disparity for crack cocaine viola- Section 6(b)(1) of the Lobbying Disclosure versing course. It is imperative that the House Act of 1995 (2 U.S.C. 1605(b)(1)) is amended by tions in comparison to powder cocaine viola- of Representatives pursue a dialogue on how striking ‘‘by case’’ and all that follows tions. we can end the federal war on drugs—a war through ‘‘public record’’ and inserting ‘‘by I will vote for the Senate legislation today that has increasingly become a war on the case and name of the individual lobbyists or because it rolls back some of the enhanced American people and our Constitution. lobbying firms involved, any sentences im- mandatory minimum sentences for crack co- Mr. SCOTT of Virginia. I yield back posed’’. caine that the federal government created in the balance of my time. The SPEAKER pro tempore. Pursu- 1986. These enhanced mandatory minimum The SPEAKER pro tempore. The ant to the rule, the gentleman from sentences have caused people convicted for question is on the motion offered by Virginia (Mr. SCOTT) and the gen- small amounts of crack cocaine to serve much the gentleman from Virginia (Mr. tleman from Utah (Mr. CHAFFETZ) each longer sentences in prison than people con- SCOTT) that the House suspend the will control 20 minutes. victed for the same amount of powder co- rules and pass the bill, S. 1789. The Chair recognizes the gentleman caine. The question was taken; and (two- from Virginia. While the Senate legislation reduces the thirds being in the affirmative) the GENERAL LEAVE drug weight basis for mandatory minimum rules were suspended and the bill was Mr. SCOTT of Virginia. Mr. Speaker, sentencing disparity between crack cocaine passed. I ask unanimous consent that all Mem- and powder cocaine convictions for many indi- A motion to reconsider was laid on bers have 5 legislative days to revise viduals to only 18 to one compared to the total the table. and extend their remarks and include elimination of the disparity in Representative f extraneous material on the bill under SCOTT’s bill, the Senate bill does make a step consideration. in the right direction. The Senate bill elimi- LOBBYING DISCLOSURE ENHANCEMENT ACT The SPEAKER pro tempore. Is there nates entirely the mandatory minimum sen- objection to the request of the gen- tence for simple possession of crack cocaine Mr. SCOTT of Virginia. Mr. Speaker, tleman from Virginia? and reduces significantly the mandatory min- I move to suspend the rules and pass There was no objection. imum sentence for many people convicted of the bill (H.R. 5751) to amend the Lob- Mr. SCOTT of Virginia. Mr. Speaker, crack offenses by raising the number of grams bying Disclosure Act of 1995 to require I yield myself such time as I may con- of crack cocaine a person must possess for registrants to pay an annual fee of $50, sume. each mandatory minimum sentence level to to impose a penalty of $500 for failure Mr. Speaker, the Lobbying Disclo- apply. In addition, the Senate bill allows courts to file timely reports required by that sure Enhancement Act makes several to show compassion for individuals with com- Act, to provide for the use of the funds straightforward, commonsense amend- pelling cases for leniency by reducing sen- from such fees and penalties for review- ments to the enforcement provisions of tences for some people convicted of controlled ing and auditing filings by registrants, the Lobbying Disclosure Act. substances violations who a court determines and for other purposes, as amended. First, this bill establishes a task meet requirements including having minimum The Clerk read the title of the bill. force specifically dedicated to the en- knowledge of the illegal enterprise, receiving The text of the bill is as follows: forcement of our lobbying laws. Al- no monetary compensation from the illegal H.R. 5751 though the newspapers are full of sto- transaction, and being motivated by threats, Be it enacted by the Senate and House of Rep- ries about lobbyists who file late, inac- fear, or an intimate or family relationship. resentatives of the United States of America in curate, and incomplete reports, there Unfortunately, while the Senate bill reduces Congress assembled, has not yet been a single significant some of the most extreme and unjust manda- SECTION 1. SHORT TITLE. enforcement action. tory minimum sentences in the federal drug This Act may be cited as the ‘‘Lobbying war, it also contains expansions of the federal Disclosure Enhancement Act’’. b 1400 drug war that I fear may yield results destruc- SEC. 2. LOBBYING DISCLOSURE ACT TASK FORCE. We believe that an institutional tive to individual liberty and public safety. In (a) ESTABLISHMENT.—The Attorney General change is in order. The task force will shall establish the Lobbying Disclosure Act receive complaints from the Clerk of particular, the Senate bill significantly in- Enforcement Task Force (in this section re- creases maximum allowed monetary penalties ferred to as the ‘‘Task Force’’). the House, investigate these cases, and for violations of federal restrictions on con- (b) FUNCTIONS.—The Task Force— enforce the disclosure laws to the full- trolled substances and increases sentences (1) shall have primary responsibility for in- est extent. for people convicted of controlled substances vestigating and prosecuting each case re- Second, this bill asks the Depart- violations whose circumstances include certain ferred to the Attorney General under section ment of Justice to make recommenda- aggravating factors. 6(a)(8) of the Lobbying Disclosure Act of 1995 tions to the Congress for additional im- Some people will argue that the increased (2 U.S.C. 1605(a)(8)); and provements to the enforcement of lob- penalties in the Senate legislation are desir- (2) shall collect and disseminate informa- bying disclosure laws. The ethics re- tion with respect to the enforcement of the able because they target people who are high Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 form legislation we passed last Con- up in the illegal drug trade or who took par- et seq.). gress was an important step in bring- ticularly disturbing actions, such as involving a (c) AUTHORIZATION OF APPROPRIATIONS.— ing transparency and accountability to minor in drug trafficking. But, the history of the There are authorized to be appropriated such lobbying disclosure, but much more

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 28, 2010 CONGRESSIONAL RECORD — HOUSE H6205 can and should be done. We look for- bill to help talk about this—but the Back home, many people tell us that ward to working with Attorney Gen- title of the bill talked about a new fee Washington is broken, that we need to eral Holder to improve on the current and penalty, but I don’t think there’s end politics as usual. Well, one of the system. fees and penalties even in the bill. ways we tried to do this is to rein in Third, the bill amends the Lobbying There was no hearing, there was no lobbyists through the disclosure filings Disclosure Act to require the Attorney subcommittee work, there was no com- that they are required to file, and it is General to publish the names of lobby- mittee work on this. amazing how difficult it is to even ists and lobbying firms who are sanc- I would be happy to yield to the gen- make that happen. tioned under the law. Just as we expect tleman if he can help clarify any of H.R. 5751 would create a task force to the Department of Justice to enforce those points. help investigate and prosecute viola- the LDA, this bill will require the De- Mr. SCOTT of Virginia. I thank the tions of the Lobbying Disclosure Act. If partment to be transparent about the gentleman for yielding. there is not some kind of push to en- results of their investigations and pros- Yes, there are fees in the title of the force, then frequently people fall into ecutions. bill; however, in working with the mi- noncompliance and they don’t take us nority, the bill was amended and the I would like to thank the sponsor of seriously. Well, it’s time for us to be fees were taken out. The title did not the bill, the gentlelady from Ohio (Ms. taken seriously on this question. change because of the amendments, but KILROY), for her steadfast leadership on Mandated by the Honest Leadership that’s why the fees are not there be- this important issue. I urge my col- and Open Government Act of 2007, a re- cause we were accommodating the mi- leagues to support the legislation. cent GAO study found the need for Mr. Speaker, I reserve the balance of nority side of the aisle. Mr. CHAFFETZ. Reclaiming my more transparency and accountability my time. time, the annual fee, I guess, was going for special interest influence in govern- Mr. CHAFFETZ. Mr. Speaker, I yield to be $50. To impose a penalty of $500 ment. Specifically, the GAO found that myself such time as I may consume. since 1996, the Secretary of the Senate Mr. Speaker, I support H.R. 5751, the for failure to file timely reports—these lobbyists walk around with $5,000 bills has referred 8,281 potential violations Lobbying Disclosure Enhancement Act. in their pockets. I would like to see, if of lobbying disclosure rules to the DOJ. The purpose of the bill is to provide we had time to discuss this in com- About 4,400 of those referrals occurred flexibility to the executive branch for mittee, a $500 penalty. They get that in in 2009 alone. The Office of the Clerk the enforcement of the provisions in a half hour’s work. That isn’t much of has referred an aggregate of 760 poten- the Lobbying Disclosure Act of 1995. an incentive for them to file in a time- tial noncompliant registrants to the H.R. 5751 directs the Attorney Gen- ly manner. U.S. Attorney for the District of Co- eral of the United States to establish a The bigger, broader point, Mr. Speak- lumbia. And for 9 years, at least one task force towards this end. The task er, is these are the types of discussions organization reported lobbying the force is given the primary responsi- that really should happen in the sub- same 16 outdated—and mostly dead— bility to investigate and prosecute pos- committee and in the committee, the pieces of legislation it initially re- sible violations of the Lobbying Disclo- timing of these issues, why we would ported in 1999 and 2000. sure Act. The task force is also di- make this change. These statistics show a growing rected to collect and disseminate infor- Mr. Speaker, I would just make a fur- trend of mistakes and noncompliance mation with respect to compliance ther point on H.R. 5751. While it moves that can’t be ignored by this body. We with the enforcement of the act. the structure slightly and gives more have promised the American people Legislation specifies that with the flexibility to the Attorney General, ob- more transparency and accountability, information gathered by the task force, viously we want to see these laws and and my bill will help deliver on that the Attorney General may make rec- the compliance fulfilled as much as promise. ommendations to Congress with regard possible. If this will in any way help Mr. CHAFFETZ. Will the gentle- to improving enforcement of the Lob- the Attorney General in doing so, so be woman yield for a question? bying Disclosure Act and the resources it; we’re happy to support this bill. Ms. KILROY. I yield to the gen- it needs. We expect the task force cre- I still must reiterate that the speed tleman from Utah. ated by this bill to become a new point in which this bill was offered, the lack Mr. CHAFFETZ. Thank you. of contact. It will be up to the Attor- of opportunity for members within the Mr. Speaker, my question is about ney General to determine where to lo- Judiciary Committee to properly de- the fees. Originally, the title said there cate the task force and the responsibil- bate this, vet this, the fact that we was going to be a fee and that there ities under the Lobbying Disclosure were still dealing back and forth with was going to be a penalty. And sud- Act within the Justice Department’s some staff—and, again, I appreciate the denly, why did those come out? If you organizational structure. bipartisan way in which it was done, want accountability, why would you I urge my colleagues to join me in but at the same time, these are the take out the penalty? supporting this bill. types of things that get vetted and fer- Ms. KILROY. I thank the gentleman Mr. Speaker, I do want to express reted out with better discussion and re- for his question. concern about the process and the de- view. I think we could have made it I fully would have supported a fee velopment of the execution or the stronger, quite frankly. We could have such as was included in the original bringing of this bill forward. added some real teeth to it, that’s un- bill, but we were informed by the Clerk I have expressed support of it, it fortunate, but nevertheless, we do urge of the House that they could not ad- makes some sense—it doesn’t, quite its passage. minister such a fee. So I would be more frankly, do much—but it should also be Mr. Speaker, I yield back the balance than happy if you and others in Judici- noted that there should be a proper of my time. ary would take up that question and way and process by which we move Mr. SCOTT of Virginia. Mr. Speaker, return that question when we come these bills forward. may I inquire as to how much time re- back in September. This bill was introduced on July 15. mains on this side? b 1410 It didn’t show up on the whip notice The SPEAKER pro tempore. The gen- until late last night. This morning, in tleman has 181⁄2 minutes remaining. But reclaiming my time, I came here a very bipartisan way—and I thank Mr. SCOTT of Virginia. Mr. Speaker, to change the ‘‘politics as usual’’ ap- both sides for working together with to close for our side, I yield the balance proach and to help bring reform. the staff—but we have a copy of this of my time to the sponsor of the bill, The Attorney General is given the re- bill that came across at 12:15; it is now the gentlelady from Ohio (Ms. KILROY). sponsibility to report back to Congress just after 2 o’clock. Ms. KILROY. Mr. Speaker, I rise in with policy recommendations about The title of the bill, as read, talks support of legislation I introduced, how best to improve the Lobbying Dis- about a fee that would be imposed, a H.R. 5751, the Lobbying Disclosure En- closure Act going forward and about penalty that would be imposed. My un- hancement Act, to help bring account- how to make the processing and en- derstanding is—and I’m happy to yield ability to the way lobbyists do business forcement seem self-funded. I believe to the gentleman who is managing this in Washington. that the taxpayers should not have to

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6206 CONGRESSIONAL RECORD — HOUSE July 28, 2010 shoulder the heavy burden of playing against provisions in the bill for failure to kind of treatment that these appro- watchdog to this industry and that the comply with clause 2 of rule XXI are waived. priation bills are getting in the Rules creation of a self-sustaining system Notwithstanding clause 11 of rule XVIII, ex- Committee and to protest the manner cept as provided in section 2, no amendment in which they are coming to the floor. could be possible. shall be in order except the amendments My legislation changes the current printed in the report of the Committee on It used to be that it was a time-hon- disclosure rule that previously pre- Rules accompanying this resolution. Each ored tradition in this House to have ap- vented the Department of Justice from such amendment may be offered only in the propriation bills come to the floor publishing the name and firm of any- order printed in the report, may be offered under an open rule. Over the past cou- one in violation of the Lobbying Dis- only by a Member designated in the report, ple of years, that has turned into a closure Act. We will now know the shall be considered as read, shall be debat- structured rule, so many Members in names of the lobbyists who continue to able for 10 minutes equally divided and con- this body, in the minority and the ma- trolled by the proponent and an opponent, jority, have not had this opportunity. file late or to file incorrect informa- and shall not be subject to a demand for divi- tion. This change reminded me of a Let’s take last year, for example. sion of the question. All points of order Every appropriation bill, all 12, came phrase I heard recently: ‘‘What you against such amendments are waived except can’t get through altruism, you must those arising under clause 9 or 10 of rule XXI. to the floor under structured rules. get through shame.’’ At the conclusion of consideration of the bill There were some Members on both Mr. Speaker, I want to thank Chair- for amendment the Committee shall rise and sides of the aisle who offered multiple man CONYERS and the Judiciary Com- report the bill to the House with such amendments throughout the year. mittee staff, who worked with me on amendments as may have been adopted. In That is the one chance they have to ac- case of sundry amendments reported from this bill, as well as the majority leader tually offer amendments on appropria- the Committee, the question of their adoption bills—the things that we are sup- for giving me the opportunity to speak tion shall be put to the House en gros and to this bill this afternoon on the floor. posed to be doing here in Congress— without division of the question. The pre- and they weren’t allowed to offer one. Mr. SCOTT of Virginia. Mr. Speaker, vious question shall be considered as ordered I yield back the balance of my time. on the bill and amendments thereto to final Many Members were denied the oppor- The SPEAKER pro tempore. The passage without intervening motion except tunity to offer any amendments. question is on the motion offered by one motion to recommit with or without in- b 1420 the gentleman from Virginia (Mr. structions. SEC. 2. After consideration of the bill for There were some 1,500 amendments SCOTT) that the House suspend the amendment, the chair and ranking minority offered last year. Just 12 percent, fewer rules and pass the bill, member of the Committee on Appropriations than 200, were made in order. And, in H.R. 5751, as amended. or their designees each may offer one pro fact, I offered about 635 myself. I was The question was taken; and (two- forma amendment to the bill for the purpose only permitted to offer 50, after the thirds being in the affirmative) the of debate, which shall be controlled by the structured rule took effect. rules were suspended and the bill, as proponent. Now, the leadership on the majority SEC. 3. The Chair may entertain a motion amended, was passed. side will often say, well, we have to The title was amended so as to read: that the Committee rise only if offered by the chair of the Committee on Appropria- keep order in this place, and people ‘‘A bill to provide for the establish- tions or his designee. The Chair may not en- would simply offer dilatory amendment of a task force that will be re- tertain a motion to strike out the enacting ments and take too long in the process. sponsible for investigating cases re- words of the bill (as described in clause 9 of I remember times in years past, and I ferred to the Attorney General under rule XVIII). haven’t been here that long, but just a the Lobbying Disclosure Act of 1995, SEC. 4. It shall be in order at any time couple of years ago where we would and for other purposes.’’. through the calendar day of August 1, 2010, spend 2 or 3 or 4 days on one appropria- A motion to reconsider was laid on for the Speaker to entertain motions that the House suspend the rules. The Speaker or tion bill because that’s what we do the table. her designee shall consult with the Minority here. That’s the important part of f Leader or his designee on the designation of what we do. Yet, the majority can’t PROVIDING FOR CONSIDERATION any matter for consideration pursuant to seem to find time to allow all amend- this section. OF H.R. 5822, MILITARY CON- ments to these bills. POINT OF ORDER Instead of allowing debate on amend- STRUCTION AND VETERANS AF- Mr. FLAKE. Mr. Speaker, I raise a ments to appropriation bills, let me FAIRS AND RELATED AGENCIES point of order against H. Res. 1559 be- give you some idea of what we’ve been APPROPRIATIONS ACT, 2011 cause the resolution violates section doing over the past couple of months Ms. PINGREE of Maine. Mr. Speaker, 426(a) of the Congressional Budget Act. and why the statement that we simply by direction of the Committee on The resolution contains a waiver of all can’t allow people to offer this many Rules, I call up House Resolution 1559 points of order against consideration of amendments would be proper because and ask for its immediate consider- the bill, which includes a waiver of sec- we don’t have time. Well, here’s what ation. tion 425 of the Congressional Budget we’ve had time for. And let me note The Clerk read the resolution, as fol- Act, which causes the violation of sec- that each one of these that I mention, lows: tion 426(a). and this is just a fraction of these kind H. RES. 1559 The SPEAKER pro tempore. The gen- of suspension bills that we’ve dealt Resolved, That at any time after the adop- tleman from Arizona makes a point of with, each one of these allows for 10 tion of this resolution the Speaker may, pur- order that the resolution violates sec- minutes of debate. That’s as much time suant to clause 2(b) of rule XVIII, declare the tion 426(a) of the Congressional Budget as we allow on any amendment coming House resolved into the Committee of the Act of 1974. before on the appropriation bill. Whole House on the state of the Union for The gentleman has met the threshold H.R. 1460, Recognizing the important consideration of the bill (H.R. 5822) making burden under the rule, and the gen- appropriations for military construction, the role of pollinators. That one we dealt Department of Veterans Affairs, and related tleman from Arizona and the gentle- with just a month or so ago. agencies for the fiscal year ending Sep- woman from Maine each will control 10 H.R. 1491, Congratulating the Univer- tember 30, 2011, and for other purposes. The minutes of debate on the question of sity of South Carolina, the Gamecocks, first reading of the bill shall be dispensed consideration. After that debate, the for winning the 2010 NCAA Division I with. All points of order against consider- Chair will put the question of consider- College World Series. ation of the bill are waived except those aris- ation. H. Res. 1463, Supporting the goals and ing under clause 9 or 10 of rule XXI. General The Chair recognizes the gentleman ideals of Railroad Retirement Day. debate shall be confined to the bill and shall from Arizona. Now, these things may be nice to do not exceed one hour equally divided and con- Mr. FLAKE. Mr. Speaker, I raise this and nice to those who receive these trolled by the chair and ranking minority point of order today not because of un- kind of accolades, but it’s not the im- member of the Committee on Appropria- tions. After general debate the bill shall be funded mandates in the bill, although, portant business of this House. And so considered for amendment under the five- there are probably some, but because it to say that we don’t have time to actu- minute rule. The bill shall be considered as is about the only opportunity we have ally debate amendments to these ap- read through page 63, line 4. Points of order here in the minority to protest the propriation bills, and the one that we

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 28, 2010 CONGRESSIONAL RECORD — HOUSE H6207 are dealing with today, many amend- from going forward without any oppor- ago. We’re going to earmark $10 mil- ments that were submitted by Mem- tunity for debate, without an oppor- lion to create a center in his honor in bers were turned away, were not al- tunity for an up-or-down vote on the the Defense bill. I think that that lowed in this structured role. legislation itself. ought to be debated here, but chances Another thing we dealt with, sup- I think that’s wrong. I hope my col- are we won’t even get to the Defense porting the goals of National Dairy leagues will vote ‘‘yes’’ so we can con- bill. Month. Now, how in the world is that sider this legislation on its merits and It’s unlikely we’re going to get to more important than allowing Mem- not kill it with a procedural motion. very many of the appropriation bills bers to strike funding from appropria- I say, let’s not waste any more time this year, and the ones that we do will tion bills? on unrelated parliamentary measures. come to the floor under a structured I need not remind this Chamber that Those who oppose the bill can vote rule where Members will not be allowed 42 cents of every dollar we spend this against it on final passage. We must to offer amendments, or just a few of year, 42 cents of every dollar we spend consider this rule, and we must pass them on the ones that the majority this year will be borrowed from our the bill today. chooses to hear. They can choose the kids, from our grandkids, from whom- I have the right to close but, in the ones they don’t want to hear and ever overseas who buys our bonds. And end, I will urge my colleagues to vote choose the ones that they hear. yet we can’t allow time to let Members ‘‘yes’’ to consider the rule. I would like to hear a response from offer amendments to strike spending I reserve the balance of my time. the Rules Committee as to what reasoning goes behind which amendments from these bills. We only allow a cer- Mr. FLAKE. Mr. Speaker, I want to will be allowed under what is tradition- tain percentage of them. respond to the gentlelady. ally an open rule and which ones will Supporting the goals and ideals of The gentlelady says that I am criti- cizing pollinators or beer distillers or not. American Craft Beer Week. That was And I would yield to the gentlelady if H.R. 1297 that we dealt with in the last whomever. I’m not. I’m just saying the Congress doesn’t need to congratulate she would explain the rule or how the couple of months, the time that we Rules Committee arrives at this rule. everybody who wins a championship or usually designate in this body to deal I guess the gentlelady doesn’t want with appropriation bills. everybody who distills beer. I mean, to respond on this. I wouldn’t either. I Congratulating the Chicago it’s just nutty for us to spend so much wouldn’t want to try to justify closed Blackhawks. That was H.R. 1439. time on these things and then say, I’m rules or structured rules coming to this Supporting National Men’s Health sorry, we don’t have time for Members body on appropriation bills when we’re Week. to offer amendments on appropriation spending more time doing things like Recognizing June 8, 2010, as World bills to actually strike spending so recognizing the 50th anniversary of Ocean Day. that we’re not borrowing 43 cents on Title VI international education pro- As I mentioned, these might be good every dollar that we spend this year. grams, recognizing the importance of things to do, but when they’re taking Let me mention why it is that the manufactured and modular housing in up time that the majority seems to say leadership and the Appropriations the United States. These are all goods now we don’t have time for appropria- Committee may not be so anxious for things. It doesn’t mean we should tion bills, that’s wrong. Members to debate these bills—because spend time that could otherwise be de- And when they, in the Rules Com- there are a lot of earmarks in them. bating appropriation bills, which is mittee, will say, sorry, the gentleman This chart shows 11 of the 12 appropria- what we do here. We prioritize by fund- from Colorado or wherever else can’t tion bills that have gone through ei- ing. That’s what Congress does. We offer his amendment because we’ve ther the subcommittee or committee. have the power of the purse. And yet taken too much time recognizing Na- It looks like a hungry Pacman here, we’re shortchanging that process so tional Nurses Week or supporting the but what this shows in the red is the that we can support the goals and goals and ideals of National Learn to percentage of earmark dollars associ- ideals of Student Financial Aid Aware- Fly Day or expressing support for the ated with powerful Members of Con- ness Month and raise awareness of stu- goals and ideals of Children’s Book gress. That includes members of the dent financial aid. Like I said, not a Week, recognizing the 75th anniversary Appropriations Committee, members of bad thing, but not something that of the establishment of the East Bay leadership, or chairmen of committees. should supplanting what we should be Regional Park District in California, I That represents about 13 percent of doing here. think you’re getting the picture here. this body. And so, Mr. Speaker, I would just It’s a hollow statement to say that Yet, when you look at the number of plead with the Rules Committee and, we don’t have time to deal with these earmark dollars or percentage of ear- more importantly, the leadership on amendments on appropriation bills. mark dollars, Homeland Security, that the majority side to realize that the The truth is the leadership simply 13 percent is garnering 52 percent of traditions of this body, the institu- doesn’t want these things debated all the earmark dollars. CJS, 57 percent; tional things that we have here, open that much. Agriculture, 76 percent of the earmark rules on appropriations, should be hon- Mr. Speaker, I reserve the balance of dollars are going to just 13 percent of ored. my time, and I will explain why in a this body, the 13 percent that are writ- Now, I’ve come here for the past 10 minute. ing the rules here and are deciding that years and offered a lot of amendments, Ms. PINGREE of Maine. Mr. Speaker, certain amendments simply won’t be many of which when we were in the I yield myself such time as I may con- offered. That is wrong. We shouldn’t be majority. My own party didn’t like sume. doing that. TTHUD, which we’ll be these amendments, but they suffered through them because they knew that I appreciate the thoughts of my col- doing just tomorrow, 42 percent of the things matter here like tradition or up- league from Arizona. earmark dollars are going to just 13 holding the institution. I would say that I wouldn’t stand up percent of this body. here and criticize nurses, dairy farm- Is it any wonder that the leadership b 1430 ers, small breweries, which I have on the majority side does not want cer- So they allowed all amendments, many of in my State, or even the polli- tain amendments debated here? some of which targeted Members of our nators. I actually have a daughter MILCON VA, 51 percent going to just own party. But the majority in power who’s a beekeeper, and I think we all 13 percent of this body. Energy and now doesn’t seem to want that. They recognize the importance of polli- Water, 53 percent; Labor/HHS, 66 per- want to shield their Members from dif- nation. cent; Interior, 60; Defense, 55. ficult votes and also shield those who But let me get serious here. Once In Defense, we just learned today are getting these earmarks from any again, my friends on the other side of that an amendment has been sub- scrutiny. These amendments aren’t the aisle, I think, are trying to block mitted—I’m sorry, an earmark has really scrutinized in the Appropria- important legislation by using a proce- been submitted, $10 million for the tions Committee. So if they aren’t ar- dural tactic. They want to prevent this John Murtha Center, our beloved Mem- gued and debated here, they simply rule and the underlying legislation ber who deceased just a few months aren’t going to get a vetting.

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6208 CONGRESSIONAL RECORD — HOUSE July 28, 2010 I yield back the balance of my time. say is in the top 13 percent of the high- mittee of the Whole, the question of Ms. PINGREE of Maine. Mr. Speaker, est recipients of earmarks, I still ap- their adoption shall be put to the to the questions of my colleague from preciate the process which allows me House en gros and without division of Arizona, I have to say you have far to take my constituents’ wishes before the question. The rule provides one mo- more experience in this body than I do. the Appropriations Committee and say, tion to recommit with or without in- As you know, I’m a freshman Member. you know, this would benefit my dis- structions. The rule provides that after So I have only operated under the cur- trict, this would benefit my university, consideration of the bill for amend- rent process that we have today. I can’t this would create more jobs. And I do it ment, the chair and the ranking minor- speak to what the process was like in in a fully transparent manner. So I be- ity member of the Committee on Ap- the past. lieve my constituents have the benefit propriations or their designees each I can say, as a member of the Rules of knowing all of the information may offer one pro forma amendment to Committee, a tremendous number of around earmarking and doing the very the bill for the purpose of debate. Fi- amendments come before our com- best we can with making sure that nally, the Chair may entertain a mo- mittee. And if all of them were allowed process isn’t handled in back rooms or tion that the Committee rise only if of- to come to the floor, and if this were in the dark of the night, but is actually fered by the chair of the Committee on an open rule, I’m sure there would be a very transparent process. Appropriations or his designee. some advantages and some opportuni- So I appreciate the concerns that you Mr. Speaker, for more than 9 years ties for greater debate. have brought before us today. I look our country has been engaged in two On the other hand, on the issues that forward to moving forward on the de- conflicts halfway around the world. we’re about to take up today, the es- bate on this rule so that we can move The number of wounded military per- sential issue of veterans benefits, forward on what I think is a vital part sonnel in Iraq and Afghanistan has put which I’m going to look forward to of our appropriations process, that’s a financial strain on the Department of speaking to in a few minutes, assuming taking care of our veterans. Veterans Affairs. The VA expects to that we vote down this current point of So again, I want to urge my col- treat more than 6.1 million patients in privilege, I am looking forward to the leagues to vote ‘‘yes’’ on this motion to 2011, including more than 439,000 vet- opportunity to move forward on taking consider so we can debate and pass this erans of Iraq and Afghanistan. In addi- better care of our veterans. And if we important legislation today. tion, the constant training, deploy- had a tremendous number of amend- I yield back the balance of my time. ment, and redeployment of our troops ments before us today, I am not sure The SPEAKER pro tempore. The have put a significant burden on our we would ever get there. question is, Will the House now con- military. In fact, when I look at some of the sider the resolution? H.R. 5822 appropriates funding for information that I have before me, I The question of consideration was de- military construction, veterans pro- am reminded that during the DOD ap- cided in the affirmative. grams, and four related agencies. Our propriations bill in 2009, when I was sit- The SPEAKER pro tempore. The gen- troops have performed admirably wher- ting on the Rules Committee, we actu- tlewoman from Maine is recognized for ever they have been deployed, and Con- ally had 606 amendments come before 1 hour. gress has an obligation to provide the us. Many of them were just there, I Ms. PINGREE of Maine. Mr. Speaker, care and compensation to every eligi- think everybody would agree on both for the purpose of debate only, I yield ble veteran. This bill also provides ad- sides of the aisle, many of them were the customary 30 minutes to the gen- ditional funding for the Guard and Re- just there to score political points. So tleman from Florida (Mr. LINCOLN serves to address critical unfunded re- do our constituents want us to take up DIAZ-BALART). All time yielded during quirements as a result of prolonged and our time today with listening to polit- consideration of this rule is for debate repeated deployments. In my home ical back and forth taking up day after only. State of Maine, thousands of Guard and day with 606 amendments, or do they GENERAL LEAVE Reservists have made invaluable con- want us to get right to the heart of the Ms. PINGREE of Maine. I ask unani- tributions to our national defense, and matter, and that is to move forward on mous consent that all Members be I am proud to see this funding included the issue of taking better care of our given 5 legislative days in which to rein the bill. veterans? vise and extend their remarks on House H.R. 5822 renews our commitment to And let me make one other point. Resolution 1559. redevelop closed military bases and You know, you’ve talked about ear- The SPEAKER pro tempore. Is there their surrounding communities. The marks, and you are very eloquent on objection to the request of the gentle- bill provides necessary funding to im- the topic of earmarks; and I appreciate woman from Maine? plement the 2005 BRAC and address the that. I think a lot of our constituents There was no objection. enormous backlog of environmental have great concerns about earmarks, Ms. PINGREE of Maine. I yield my- cleanup projects from previous BRAC how are they handed out, how does the self such time as I may consume. rounds. This funding is essential to budgeting process work here. But I do Mr. Speaker, House Resolution 1559 communities across the country, in- have to say as a freshman Member, I provides for consideration of H.R. 5822, cluding the towns of Brunswick and have taken great care to have a tre- the Military Construction and Vet- Topsham in my district, which are al- mendous amount of transparency erans Affairs and Related Agencies Ap- ready experiencing economic difficul- around the topic of earmarks. propriations Act of 2011, under a struc- ties from the closing of Brunswick We hold appropriations meetings in tured rule. The rule provides 1 hour of Naval Air Station. We must do every- our district. We invite individuals with general debate equally divided and con- thing we can to support the commu- any kind of issue to come before us trolled by the chair and ranking minor- nities that the BRAC bases leave be- that they would like to see appro- ity member of the Committee on Ap- hind. priated, whether it’s a highway bridge, propriations. The rule waives all points While the investments in military or whether it’s a community center, or of order against consideration of the construction are vital, they are only a whether it’s a particular project that bill except those arising under clause 9 small portion of this bill. The vast ma- might benefit anyone in our district, or 10 of rule XXI. The rule waives jority of legislation is devoted to vet- the university, or some system. We ac- points of order against provisions of erans’ programs. The bill provides the tually ask each person who comes be- the bill for failure to comply with necessary funding for veterans’ med- fore us with an earmark request to clause 2 of rule XXI. The rule makes in ical care, claims processors, and facil- make a 3-minute video. Then we post it order only those amendments printed ity improvements, including increased on our Web site. Then we ask our con- in the report. All points of order funding for mental health services, as- stituents, do you have opinions on against the amendments except those sistance programs for homeless vet- this? arising under clause 9 or 10 of rule XXI erans, and innovative services for vet- So while I understand much of the are waived. erans in rural areas. concerns about the earmark process, I The rule provides that for those The military construction projects in have to say as one Member who I can’t amendments reported from the Com- this bill are vital to ensure that the

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 28, 2010 CONGRESSIONAL RECORD — HOUSE H6209 missions of each installation are car- Yet the dysfunction does not end We owe our military veterans and ried out in the most efficient manner with the majority’s abandonment of their families an extraordinary debt of possible. One great example is the one of the most basic duties of gov- gratitude for their service and their funding contained in this bill for Ports- erning. It continues today with the sacrifices as a people, not just as a mouth Naval Shipyard in Kittery, consideration of the first appropria- Congress. I think we have to ensure Maine. The shipyard provides world- tions bill, the Fiscal Year 2010 Military that our veterans and their families, class overhaul, repair, and moderniza- Construction and Veterans Affairs and who bear sacrifices and hardships as tion of nuclear submarines. The yard Related Agencies Appropriations Act. well, receive all the benefits and assist- has a reputation of delivering subs Article I, section 9, clause 7 of the ance to which they are entitled and back to the fleet on time and under Constitution gives Congress the power that they deserve. budget. of the purse. It says, ‘‘No money shall The underlying legislation that has This fall, the Portsmouth Naval be drawn from the treasury but in con- been agreed to, it has been drafted in a Shipyard will welcome the first Vir- sequence of the appropriations made by fair and bipartisan manner, provides ginia-class submarine to Maine for an law; and a regular statement of ac- crucial funding for military construc- overhaul. This bill contains $11.9 mil- count of receipts and expenditures of tion and for housing, for quality-of-life lion to modernize the structural shops all public money shall be published projects for our troops and their fami- at the yard, which will improve the from time to time.’’ lies. equipment layout and streamline proc- The Congress’ constitutional obliga- The legislation includes a total of ess flow within the shipyard. It will tion under Article I, section 9, clause 7 $141.1 billion in both mandatory and help workers at the yard continue to has traditionally manifested itself in discretionary funding for these agen- do high quality work while increasing an open appropriations process. That cies. Of this, approximately $120 billion their efficiency. And this funding is es- process allows every Member of the is dedicated to the Department of Vet- sential to this mission. Increasing House to propose any amendments— erans Affairs. maintenance efficiencies and elimi- any amendments that are germane—to The underlying legislation continues nating redundancies will no doubt the 12 appropriations bills. That’s the our commitment to the brave men and make the yard more competitive for way it’s been done, certainly since I’ve women who sacrifice so much to keep Navy sub projects in the future. been here, and I know for decades and the Nation safe, supporting our service- The Portsmouth Naval Shipyard is decades and generations before. members on base, deployed abroad, and an economic success story in Maine. Yet, last year the majority decided to care for them when they come home. The yard is in the middle of adding ap- to close down the deliberative process The Pentagon recognized two impor- proximately 160 new jobs this year, of the House on appropriations bills. I tant projects to south Florida, which jobs like painters, sheet metal workers, came to the floor to oppose that proce- were included in the President’s budget electricians, welders, and engineers. dure last year, and I stated that I felt and received funding in the underlying And the construction work that this that the majority’s decision to block legislation. This legislation provides bill will fund will be done by outside debate on amendments from Members $41 million to construct a permanent contractors, bringing even more jobs to on both sides of the aisle was unneces- headquarters for Special Operations the area. The funding in this bill will sary and it was unfair, unjust. I Command South. Currently Special Op- help this economic engine in southern thought it was a mistake. I said the erations Command South is Maine remain competitive and create majority would come to regret that headquartered at Homestead Air Force new, good-paying jobs. mistake. Reserve Base. Headquarters personnel Finally, I am very proud of what this Today, on the very first appropria- are supported by temporary, leased bill does for our Nation’s veterans. tions bill of this year, the majority has trailers. The trailers were not intended Their service has earned them world- once again decided to close down the to support the headquarters mission class health care and benefits, and Con- appropriations process, and that’s un- beyond 3 years, and they require sig- gress has a moral obligation to provide fortunate. Last year we were told that nificant repairs for continued use. the best benefits possible. the majority was taking this unprece- The project in this legislation will dented step in order to move the appro- consist of a command and control b 1440 priations bills to the Senate so that building with a secure compartmen- This bill is an example of what hap- Congress could avoid an omnibus ap- talized information facility, sensitive pens when politics is put aside and vet- propriations bill. What happened was items storage, standby generator, and erans come first. I strongly support just the opposite. Despite the fact that general purpose administrative areas. this rule which provides for consider- the Military Construction-VA bill did It will include anti-terrorism measures ation of this essential legislation. in fact pass both the House and the to protect military personnel stationed I reserve the balance of my time. Senate, the Democratic leadership there and will be able to withstand— Mr. LINCOLN DIAZ-BALART of never allowed the bill to go to con- and this is very important—a category Florida. Mr. Speaker, I would like to ference, and instead that MILCON-VA 5 hurricane. And, Mr. Speaker, as you thank my friend, the gentlewoman appropriations bill was wrapped up in know in Homestead, we had a category from Maine, for the time, and I yield an omnibus appropriations bill—con- 5 hurricane the year I was elected to myself such time as I may consume. trary to the reasoning that had been Congress. Hopefully we won’t see that Each year Congress undertakes its given by the majority. again. But it’s important that this fa- duty to fund the government through So what is this year’s reason? I be- cility be able to withstand such force. what is commonly known as the appro- lieve that it is so that the majority can I am pleased that this legislation priations process. The appropriations again use a restrictive process on ap- also includes funding for construction process usually begins with the consid- propriations bills so the leadership, the of a new commissary to be located at eration of a budget. The budget sets majority leadership, has the ability to the Southern Command Headquarters the parameters of congressional spend- pick and choose which amendments the in Doral, in the congressional district ing for the upcoming year, allowing the House will consider. that I am honored to represent. Con- Appropriations Committee to begin as- Although I strenuously disagree with struction of this commissary will sembling the 12 appropriations bills. the manner in which the majority lead- greatly benefit the over 13,000 military But for the first time since the Con- ership has decided to close the appro- personnel and retirees within 20 miles gressional Budget Act was passed in priations process once again, and in of SOUTHCOM and the thousands more 1974, the House of Representatives has this case it has allowed only 14 out of beyond. It will greatly reduce the high failed to even vote on a budget because 35 amendments, I do wish to congratu- cost of living in south Florida for these of what some suspect may be an at- late my friends, Chairman CHET ED- men and women, and it will improve tempt by the majority to protect their WARDS, Ranking Member ZACH WAMP their quality of life. Members from a vote that would in- and Mr. CRENSHAW for their bipartisan I reserve the balance of my time. crease what are already record budget work on the underlying legislation Ms. PINGREE of Maine. Mr. Speaker, deficits. that is undoubtedly very important. I am very pleased to yield 2 minutes to

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6210 CONGRESSIONAL RECORD — HOUSE July 28, 2010 the gentlewoman from Nevada (Ms. brought to us today under a rule that doms are denied. Pretty weird, pretty BERKLEY). will restrict our Members, both Demo- strange, very peculiar. Ms. BERKLEY. I thank the gentle- crats and Republicans, from offering As the ranking member of the Vet- woman for yielding. amendments, having them considered. erans Affairs Committee, I have three Mr. Speaker, I rise in support of this I thought I would give you a little amendments that were made in order, bill. I especially want to thank Chair- perspective because this bill has come but there are also two amendments man EDWARDS and Ranking Member to us this day through the regular that were not made in order. The first WAMP for providing the resources our order, a very open and fair process. Six- amendment that was not made in order Nation’s veterans desperately need and teen hearings took place. All the mem- would have transferred $230 million for providing additional funding for bers of the subcommittee had an oppor- from the information technology sys- FY2012. This advanced funding helps tunity to ask questions and feel like tem account to fund improvements in the VA avoid disruption of critical pro- they were being treated fairly, listened various other programs. In 2010, the VA grams. We must take care of our brave to their input. At the subcommittee conducted a major review of its major men and women who serve this coun- level, six amendments were offered: IT initiatives. Of over 300 programs try, and this funding goes a long way four by the minority, two by the ma- that were reviewed, about 100 are still to address many of their needs. jority. They were all adopted unani- active or are in planning and about 100 I also want to thank the chairman mously in a bipartisan way. Then we are still being reviewed and about the and ranking member for including re- went to the full committee, the full other hundred have been stopped per- port language on veterans’ burial bene- Appropriations Committee. At that manently or have been paused. fits. I am deeply concerned about the point, eight amendments were offered, This amendment would have taken eroding value of the plot allowance and discussed, and they were adopted as the $230 million in savings from this re- burial benefits provided to our Nation’s well, in a bipartisan way, four from the view and put $120 million toward def- veterans by the Department of Vet- Democrats, four from the Republicans. icit reduction and use the remaining erans Affairs. Because the benefits are Yet, when we got to the Rules Com- $100 million to increase the following not indexed to inflation, their value mittee, that’s where the fair and open VA accounts: medical and prosthetic continues to diminish with each pass- process ran into a roadblock, the research by $50 million to fund further ing year. As a result, families and graveyard, if you will, because now we research into new innovative treat- State veterans’ cemeteries have been come to the floor with no longer a ments, such as the hyperbaric oxygen left to cover the increasing costs. process where Members can stand up, therapy for TBI; prosthetic devices for In FY09, the subcommittee included offer amendments, maybe make a good female amputees who often have dif- my report language urging the VA to bill even better, because this rule does ficulties with the fit and size of the assess the viability of increasing the not allow that. traditional prosthesis tailored to the plot allowance and burial benefits to I would think that at this time, when male physique; and helmets that meas- cover the same percentage of veterans’ deficits are at record levels, when ure the G-force impact and protect our burial benefits that they covered in spending is more important to be servicemembers from these blast inju- 1973, when they were first initiated. looked at with a wise and efficient ries. The Department of Veterans Affairs look, that we would allow Members to Also, with regard to the VBA general has still not yet heeded our rec- come to the floor and offer their input, operating account, increase it by $2 ommendations. I’m glad the sub- but no, that’s not the case. million for VA to conduct an author- committee recognizes the importance So while the underlying legislation is ized longitudinal study for the VRE of the issue and has again included the very important and very good, I urge participants to assess the effectiveness burial benefits report language. my colleagues to vote ‘‘no’’ and bring of the program. Also, then increase the this back under an open rule and allow VHA medical services account by $48 b 1450 their participation. million; $30 million to improve VA’s However, we need to move on this, Ms. PINGREE of Maine. I reserve the suicide prevention programs, including and I think having it included once balance of my time. $100 million for the national broadcast again is a step in reminding the VA Mr. LINCOLN DIAZ-BALART of suicide prevention advertising cam- that this is an important issue. Florida. Mr. Speaker, I yield 4 minutes paign; $10 million for the VA to im- This Congress I have reintroduced to my good friend, Mr. BUYER from In- prove its services for homeless women the Veterans’ Burial Benefits Improve- diana. veterans and homeless veterans with ment Act, H.R. 4045. This bill would in- Mr. BUYER. Thank you very much. children; and $8 million for innovative crease the plot allowance from $300 to I want to associate myself with the treatments for TBI and mental health. $745 for the burial costs of veterans remarks of the gentleman from Florida Does that sound radical? That was who are buried in a State veterans’ (Mr. CRENSHAW). made not in order. It is hard. That was cemetery or a private cemetery; in- When the majority went to this proc- not made in order. And so, okay, why? crease burial allowance benefits from ess to be restrictive here on the floor I don’t know. The Rules Committee $2,000 to $4,100 for veterans who die as with regard to amendments on appro- didn’t give me an answer. That should a result of service-connected injuries priations, that was really a dark day have been made in order. That’s some- and are buried in a national cemetery; for liberty, and it’s really very, very thing that should have been discussed. increase the burial allowance from $300 unfortunate. And I understand the We have had a challenge here with to $1,270 for a veteran who wishes to be Speaker wants to rule the House with a regard to the IT systems at the VA, buried in a national veterans’ cemetery mighty hand and is utilizing the Rules and I leave here in 6 months and the and whose cause of death is not serv- Committee to make Congress an un- appropriators and the authorizers are ice-connected. democratic institution. The American going to have a real challenge here, es- I urge my colleagues to become a co- people are watching. They know that pecially as you go forward. sponsor of this important piece of leg- there’s something going on in Wash- Now, fortunately once we centralize islation. ington, DC, that’s not right. They don’t the IT architecture you’ve got a really Mr. LINCOLN DIAZ-BALART of completely understand all this process, good—Roger Baker as the chief infor- Florida. Mr. Speaker, I yield 3 minutes but something they do know and un- mation officer, very talented indi- to my very good friend from Florida derstand and that’s freedom and that’s vidual, doing assessments. The Sec- (Mr. CRENSHAW). liberty. retary’s Shinseki. He gets it, he under- Mr. CRENSHAW. I thank the gen- So we’re charged with this responsi- stands it. He’s doing this review. But tleman for yielding. bility to care for those who wear the when you take down projects, and I rise today to urge my colleagues to uniform who now have been injured not we’ve got those moneys, we can make vote ‘‘no’’ on this rule. only in the workplace but also on the judgments and choices with regard to I want to make it clear that I’m very battlefield. But when it comes time how to use some of those dollars, and much in favor of the underlying legis- then for us to have an open discussion that’s what we sought to do here, and lation, but this legislation is being and debate on how best to do that, free- that amendment should, in fact, have

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 28, 2010 CONGRESSIONAL RECORD — HOUSE H6211 been made in order, and it’s really un- that took place when our friend, Mr. Committee. They, instead, could come fortunate. FLAKE, was here, but I have been told directly to the House floor. By virtue The SPEAKER pro tempore. The that my good friend from North Haven, of doing that, it would mean that legis- time of the gentleman has expired. who is managing this rule for the ma- lating an appropriations bill could be Mr. LINCOLN DIAZ-BALART of jority, indicated that if we had had an stricken by a point of order that a Florida. I yield the gentleman 1 addi- open amendment process, we would be Member would raise, but he believed tional minute. allowing partisan obstructionism or that that was the best way to do that. Mr. BUYER. There is another amend- something along that line to take Well, we moved away from that, and ment, and I know, Mr. Speaker, my place. he said he didn’t think that it was a good friend, Chairman EDWARDS, had Mr. Speaker, it’s very interesting wise thing. But we moved to the point some concerns about one of the amend- that we have made what I consider to where the Rules Committee would say, ments that, in fact, was made in order, be rather sad history in this place. My gosh, if there are items in an appro- and I understand, and we can have a friend from North Haven is a new Mem- priations bill that consisted of things colloquy and we can get into that be- ber of this institution and has not like legislation, there was an agree- cause I know you agree with what once, in her 18 months as a Member of ment with the authorizing committee we’re doing. Mr. Speaker, I believe that the United States House of Representa- that the Rules Committee would pro- Chairman EDWARDS agrees with the tives, been able to witness or partici- tect those. It was understood and done initiatives in working with—I guess we pate in a bill being debated under an pretty much with bipartisan consensus. can call them green initiatives, green open amendment process. But then Democrats and Repub- management initiatives, but it’s the I have got to say that until it is licans, alike, would be able to, under renewable energy portfolio that’s being tried, I would say to my friend, Mr. that sacrosanct appropriations process, done down at the VA. Speaker, until it’s tried, I would think offer germane amendments to the ap- And it’s really this advance appro- that the notion of passing judgment on propriations bill. Now we have gotten priation is making it hard on how we the problems of an open rule should to the point, again, and for the first move moneys between accounts, at the really not be brought forward. time in the history of the Republic, of same time, what type of amendments I will tell you that it is clear that an shutting down the appropriations proc- can be brought to the floor. I mean, I open amendment process is messier and ess, limiting the opportunities for tried to do this a couple of years ago, uglier and more difficult than having Members to offer amendments. While this is a very, very, very good and the parliamentarian knocked an everything shut down, but that’s really and a critically important bill which amendment out. And so I wanted to what the framers of our Constitution virtually all of us will support at the raise this issue on the floor that we wanted. They wanted there to be a end of the day, it’s not the right way to have about 60 projects out there, free-flowing discussion. I just listened do it. Process is substance. The Amer- around $162 million, and we’ve got to to Mr. BUYER a few minutes ago talk- ican people learned that very clearly figure out how to best fund these, and ing about the green initiative, and he when we had the 300-page amendment I will get into that with the Speaker wanted to engage in a colloquy with dropped on us up in the Rules Com- later. Chairman EDWARDS about this. The fact is, when we get into an open mittee at 3 o’clock in the morning, My intention is not to offer that that, in fact, said that we had just a amendment that has been authorized amendment process, which, by the way, was done for every single year up until few hours to look at that measure be- to offer, and I will work this out with fore it was to be debated on the House Chairman EDWARDS. But I’m going to last year for almost all appropriations bills—in fact, virtually every appro- floor. ask to oppose the rule, even though I The SPEAKER pro tempore (Mr. priations bill has begun under an open compliment the good work the com- CUELLAR). The time of the gentleman amendment process. Then, if a bipar- mittee has done. But we need an open has expired. process. tisan consensus and agreement cannot Mr. LINCOLN DIAZ-BALART of Ms. PINGREE of Maine. I reserve the be struck to bring about some kind of Florida. I yield the gentleman 30 addi- balance of my time. limitation of debate between the chair- tional seconds. Mr. LINCOLN DIAZ-BALART of man of the subcommittee and the Mr. DREIER. Let me just close by Florida. Mr. Speaker, it’s my pleasure ranking member, the Rules Committee saying that it’s very, very important to yield 5 minutes to my friend, the has, on occasion, been called on. But for us to recognize that process is sub- distinguished ranking member of the the difficulty here for me to under- stance. The American people get that. Rules Committee, Mr. DREIER from stand, Mr. Speaker, is that we are not They understand that we are pre- California. even beginning with even a modicum of venting their voice, Democrat and Re- (Mr. DREIER asked and was given regular order. publican alike, from being heard in permission to revise and extend his re- Yesterday, in the Rules Committee, I this appropriations process. marks.) talked about William Natcher, who was It is wrong, and I hope very much a great Member of this institution and that as we move through the appro- b 1500 served for a period of time as chairman priations process this year we will get Mr. DREIER. Mr. Speaker, I thank of the Appropriations Committee. Two back through to regular order. I cer- my friend from Miami for his very decades ago, when I joined the Rules tainly hope that beginning next year, thoughtful remarks in his opening Committee, I discussed the appropria- when a new appropriations process will statement in which he talked about the tions process with Chairman Natcher. begin, that we will have the kind of greatness of this bill. He was probably best known—well, he open amendment process that the This is a bipartisan bill, as has been was known for lots of accomplish- American people expect and, through pointed out by Mr. CRENSHAW, as has ments, probably best known as the their elected representatives, deserve. been pointed out by Mr. BUYER. Demo- only human being to go, for all the Ms. PINGREE of Maine. Mr. Speaker, crats and Republicans alike have come years that he served here, without I thank my colleagues on the other together because, obviously, if we don’t missing a single vote. In fact, he gave side of the aisle, and I appreciate the take care of our Nation’s veterans, how me advice when I got here. He said, words of my colleague and far more ex- are we going to incent our fellow Make a speech in the well and miss a perienced Member from California. Americans to join the armed services? vote. This guy never missed a vote, and Thank you very much. When commitments are made to he was bound to that. I take your criticism that perhaps, them, they need to be kept. We all But one of the things that he was was although you didn’t hear my words ear- want to do everything we can for the a great institutionalist, and he under- lier today, that had I been here for the brave men and women who have fought stood what regular order consisted of. amount of time that you had or had on behalf and served on behalf of the He believed that since appropriations the previous experience, I wouldn’t United States of America. bills are considered to be privileged have said exactly what I said about the Obviously, I am here with a degree of resolutions, that those measures didn’t political posturing that could go on sadness. I wasn’t here for the exchange have to go upstairs through the Rules under an open rule.

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6212 CONGRESSIONAL RECORD — HOUSE July 28, 2010 You are right, 18 months I have been considered under the 5-minute rule. We The second has been a vision of our here. I have never had any experience would end the meeting upstairs and we veterans community. There is no na- in this legislative body about the proc- would allow the House to work its will, tional veterans cemetery within the ess of which of you speak. So, far be it which is, again, what was done up until area of eastern Nebraska, western from me to say what the differences last year when we had this shut down Iowa, northwest Missouri. The previous were from then until today, but I will for the first time. administration realized that the rule say a little bit about my own experi- Ms. PINGREE of Maine. I thank my that was applied needed to be changed, ence. friend for those words. and that was under Secretary Peake, I have the good fortune of sitting on I happen to enjoy many of the meet- and continued under the current ad- the Rules Committee, and perhaps ings we have when we have the time ministration—and I want to thank some day, if I am here long enough, consider both sides, the rules on both General Shinseki and this administra- and I move my way up the chairs and sides and the opportunities for what tion for following through—in right- I am the ranking member or the chair, discussion will come to the floor. I ap- fully determining that the service area I will want to advocate for doing things preciate being a member of the Rules for a veterans cemetery was actually differently. But I only know the experi- Committee and being a part of that fil- 112,000 veterans that could be served. ence that I have had up to today, Mr. tering process. I don’t know if the proc- By doing that, that shot the eastern Speaker, as a member of the Rules ess will change in the future, but I will Nebraska, Omaha area to the top of the Committee. say today we have a goodly number of list. And so inside this bill is the appro- Now, I see frequent meetings of the amendments that will be considered on priation to start the design and pur- Rules Committee. I see a tremendous this. chase of land of a new national vet- number of amendments come before us. From my perspective, the most im- erans cemetery in the Omaha/Bellevue As my fellow members well know, Mr. portant thing that we are doing today area. That has been a labor of love that Speaker, we often spend hours listen- is moving forward on this rule, which I started with a small group of veterans ing to potential amendments that hope will pass with a great majority, in my office just a few years ago, and could be heard here on the floor. I and moving forward to the consider- now I get to see it come to reality. think this afternoon we will have the ation of this bill which, I will remind The last is specific to Offutt Air pleasure of joining the other members my colleagues, holds a tremendous Force Base. It makes a reference in the of the Rules Committee, Mr. Speaker, amount of benefit for our home com- MILCON provisions that the new and hearing 120 or more amendments munities and our veterans, and that is STRATCOM headquarters will begin to the next potential appropriation bill actually why we are here today. construction in 2012 and that the costs I wouldn’t want to see extensive con- that could come to the floor. need to be borne throughout all of the sideration of so many amendments I hear lively debate. I have been branches and the DOD. This is impor- that we never got to the point of what there to submit amendments. Some- tant for the community and the psyche people asked us to do. In this case, it’s times they are accepted; sometimes of the Offutt Air Force Base commu- taking care of our veterans and making they are not. I see amendments come nity. sure that they get the services that to the floor that I agree with and I dis- The SPEAKER pro tempore. The they deserve after they have served our agree with. So I see a lot of back-and- time of the gentleman has expired. country. Mr. LINCOLN DIAZ-BALART of forth about the number of amend- Mr. Speaker, I reserve the balance of Florida. I yield the gentleman 30 addi- ments. Perhaps it’s not an open rule. my time. tional seconds. You are right, I have never had the ex- Mr. LINCOLN DIAZ-BALART of Mr. TERRY. I want to point out, in perience of an open rule here in this Florida. Mr. Speaker, I yield 3 minutes conclusion, that these are based on the Chamber, but I have also had the expe- to my good friend, the gentleman from merits of the project—the need for the rience of a tremendous number of Nebraska (Mr. TERRY). hospital, the veterans cemetery, and amendments, some of which are politi- b 1510 the need for the headquarters. These cally motivated, some of which could aren’t earmarks; these are things that take up a tremendous amount of our Mr. TERRY. Mr. Speaker, I must rise are determined by merit by the VA and time, and I feel that generally the in opposition to this closed, or par- the Department of Defense. And I want Rules Committee pares down the num- tially closed, rule. to go on record as the Representative ber of amendments to a reasonable Thirty-four amendments is not over- of this area in complete support of this number from each side, probably more whelming. Back just a couple years bill and those projects. for the majority than the minority, ago, heck, we would have double or tri- Ms. PINGREE of Maine. Mr. Speaker, and I am sure that happened when the ple that many on an open rule. And it I reserve the balance of my time. other party was in control, too. really saddens me to hear that if some- Mr. LINCOLN DIAZ-BALART of But the fact is, I hear a lot of lively thing will take time to debate or it’s Florida. Mr. Speaker, I yield 3 minutes debate. I have only the experiences controversial, that we are not going to to the gentleman from Kansas (Mr. that I have had, and I can’t defend allow it on the floor anymore. Mr. MORAN). what might have happened in the past Speaker, democracy isn’t supposed to Mr. MORAN of Kansas. I thank the or what may happen in the future. be easy; dictatorships are. gentleman from Florida. Mr. DREIER. Would the gentle- Now, I will rise in support of the un- My amendment that was proposed to woman yield, very briefly? derlying bill because I’m going to stand the Rules Committee is one of those Ms. PINGREE of Maine. I yield to the with our men and women in uniform, that’s been denied under this very gentleman. whether it’s current or retired; those closed rule. Mr. DREIER. I thank the gentle- are our veterans. This appropriation bill does much to woman for yielding. This bill does a great deal of good for honor our Nation’s commitment to vet- I would say to my friend that she is Offutt Air Force base, the Bellevue/ erans who have sacrificed for our free- absolutely right, having this 18-month Omaha area, for our veterans. One of doms, but I’m concerned that our own experience. the most significant is $56 million for government is unfairly taking away The fact is, if the Rules Committee the design of a new VA inpatient hos- freedom from those veterans. were to follow regular order and report pital facility for that entire regional Many Americans should be shocked out open rules, the meetings upstairs area. The current facility was built 60 to learn that an outrageous Depart- would last a grand total of 5 minutes years ago. It is dilapidated to the point ment of Veterans Affairs process is ar- because we would have the chairman where it is no longer even safe, let bitrarily stripping the Second Amend- and the ranking member of the sub- alone meets the appropriate standards. ment rights of veterans and their fami- committee come forward, say we have So I am proud that the VA has decided lies who simply receive assistance got this bill, we have an open amend- and agrees with the entire congres- managing their financial affairs. I of- ment process, any Member can stand sional delegation and the community fered an amendment to reform the VA up on the House floor and offer a ger- that this inpatient facility must be re- practice that wrongly denies gun own- mane amendment to the measure. It is placed and we begin that process. ership rights to veterans. Despite the

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 28, 2010 CONGRESSIONAL RECORD — HOUSE H6213 support for this change by a number of Mr. Speaker, thank you for giving me promise to them and to all of our vet- veterans organizations, like the Amer- the opportunity to express my dis- erans that we will do the same. We ican Legion, as well as the National appointment that my amendment was must provide them with the health Rifle Association, I am disappointed not allowed to be submitted to this care and the benefits that they de- that the majority did not allow my body. I specifically wanted to highlight serve—without question, without poli- amendment to go forward and be heard my amendment, which was asking to tics, and without hesitation. By pass- and offered on the floor today. restore funding for the relocation of ing H.R. 5822, we will begin to keep Federal law prohibits certain individ- American forces away from Okinawa to that promise. uals from possessing firearms because Guam, as requested by President I urge a ‘‘yes’’ vote on the previous they pose a danger to society or them- Obama. I think it is a major mistake question and on the rule. selves, such as convicted felons, illegal that this body is not going to support I yield back the balance of my time, aliens, and those who are adjudicated the President’s request for the reloca- and I move the previous question on mentally ill. The Brady Act requires tion of American forces. the resolution. the FBI to maintain a database of As a member of the Armed Services The previous question was ordered. these individuals called the National Committee and a Member who rep- The SPEAKER pro tempore. The Instant Criminal Background Check resents a large portion of the Pacific question is on the resolution. System which prevents them from pur- fleet in Hawaii, I support restoring The question was taken; and the chasing firearms. funds for construction to further the Speaker pro tempore announced that Over the past 10 years, the VA has realignment of Marine Corps forces the ayes appeared to have it. sent names of over 100,000 veterans, from Okinawa to Guam in H.R. 5822. Mr. LINCOLN DIAZ-BALART of their spouses, and their children to the The committee reduced the appropria- Florida. Mr. Speaker, on that I demand FBI, not because they pose any danger, tion request submitted by the Presi- the yeas and nays. but simply because the VA determined dent by 50 percent. The yeas and nays were ordered. they could not handle their VA bene- The Guam realignment will be one of The SPEAKER pro tempore. Pursu- fits. The VA appoints fiduciaries to the largest moves of military forces in ant to clause 8 of rule XX, this 15- help veterans who, for example, have a decades. The postponement of con- minute vote on adoption of House Res- credit problem or who cannot manage struction of necessary military facili- olution 1559 will be followed by 5- their financial affairs due to health ties and infrastructure will cause un- minute votes on motions to suspend reasons. necessary delay and threaten our geo- the rules with regard to: The VA’s review process for assigning political positioning in the Asia-Pa- H.R. 4692, by the yeas and nays; a fiduciary only examines a veteran’s cific region. H. Res. 1543, by the yeas and nays; financial responsibility and does not My amendment was also completely and look at whether the veteran is a danger offset by reallocating funds from mili- H.R. 5827, by the yeas and nays. to himself or others. But when vet- tary construction requests that were The vote was taken by electronic de- erans are appointed fiduciaries, the VA put above what President Obama had vice, and there were—yeas 243, nays automatically deems them as ‘‘men- asked for. Mr. Speaker and Members, I 178, not voting 11, as follows: tally defective’’ and forwards their want to highlight to this body that [Roll No. 476] names to the FBI. Without so much as right now, as all of us talk, 2 days ago, YEAS—243 a hearing, these veterans are then pro- the United States Armed Forces began Ackerman Dahlkemper Holden hibited by law from purchasing fire- the largest war game operations in the Adler (NJ) Davis (AL) Holt arms. By comparison, the Social Secu- Korean peninsula in the Yellow Sea Altmire Davis (CA) Honda rity Administration has assisted over 5 since the end of the Cold War. The rea- Arcuri Davis (IL) Hoyer million beneficiaries with their fi- Baca Davis (TN) Inslee son we entered these war game oper- Baird DeFazio Israel nances, but the Social Security Admin- ations is because of the instability that Baldwin DeGette Jackson (IL) istration does not send those names to continues to unfortunately exist in Barrow Delahunt Jackson Lee the FBI. East Asia and the Korean peninsula. Bean DeLauro (TX) Becerra Deutch Johnson (GA) It is wrong to take away any vet- By failing to support the President in Berkley Dicks Johnson, E. B. eran’s constitutional right to keep and allocating sufficient funding to estab- Berman Dingell Kagen bear arms simply because they cannot lish new force location in Guam, over Berry Doggett Kanjorski manage their financial affairs. My Bishop (GA) Donnelly (IN) Kaptur the short term we might be okay; but Bishop (NY) Doyle Kennedy amendment would have ended this un- over the long term, this is a major geo- Blumenauer Driehaus Kildee just practice. The amendment would political mistake that this Congress is Boccieri Edwards (MD) Kilpatrick (MI) have required that before the VA can making. I hope that Congress recon- Boren Edwards (TX) Kilroy Boswell Ellison Kind forward the veteran’s name to the FBI, siders and I hope the Senate re-exam- Boucher Engel Kirkpatrick (AZ) an appropriate judicial authority must ines this. I am disappointed I was un- Boyd Eshoo Kissell rule that the veteran poses a danger to able to offer this amendment on this Brady (PA) Etheridge Klein (FL) himself or to others should he own a Braley (IA) Farr Kosmas very important and serious matter. Brown, Corrine Fattah Kucinich firearm. Ms. PINGREE of Maine. Mr. Speaker, Butterfield Filner Langevin I am disappointed my amendment I reserve the balance of my time. Capps Foster Larsen (WA) was denied, and as a result veterans Mr. LINCOLN DIAZ-BALART of Capuano Frank (MA) Larson (CT) will continue to be denied their due Cardoza Fudge Lee (CA) Florida. Mr. Speaker, I yield back the Carnahan Garamendi Levin process and constitutional rights. I en- balance of my time. Carney Giffords Lipinski courage my colleagues to support legis- Ms. PINGREE of Maine. Mr. Speaker, Carson (IN) Gonzalez Loebsack lation that I and the gentleman from Castor (FL) Gordon (TN) Lofgren, Zoe the passage of this rule is a vital step Chandler Grayson Lowey Texas have introduced called the Vet- towards improving our military infra- Childers Green, Al Luja´ n erans Second Amendment Protection structure and ensuring that the quality Chu Green, Gene Lynch Act, H.R. 2547, to correct this wrong of care for our veterans and their fami- Clarke Grijalva Maffei and restore gun rights to our country’s Clay Gutierrez Maloney lies is worthy of their sacrifice. Cleaver Hall (NY) Markey (CO) veterans. My home State has one of the high- Clyburn Halvorson Markey (MA) Ms. PINGREE of Maine. I continue to est populations of veterans per capita Cohen Hare Marshall reserve the balance of my time. in the country. In a State of 1.3 million Connolly (VA) Harman Matheson Mr. LINCOLN DIAZ-BALART of Conyers Hastings (FL) Matsui people, Maine is home to over 155,000 Cooper Heinrich McCarthy (NY) Florida. Mr. Speaker, it is my privilege veterans. Costa Higgins McCollum to yield 3 minutes to a brilliant new Costello Hill McDermott Member of this House from Hawaii (Mr. b 1520 Courtney Himes McGovern Critz Hinchey McIntyre DJOU). These men and women have served Crowley Hinojosa McMahon Mr. DJOU. I thank my colleague without question, without politics and Cuellar Hirono McNerney from Florida. without hesitation. We must make a Cummings Hodes Meek (FL)

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6214 CONGRESSIONAL RECORD — HOUSE July 28, 2010 Meeks (NY) Price (NC) Smith (WA) NOT VOTING—11 Halvorson Marshall Roybal-Allard Melancon Quigley Snyder Hare Matheson Ruppersberger Akin Lewis (GA) Watson Michaud Rahall Space Harman Matsui Rush Andrews Smith (TX) Woolsey Miller (NC) Rangel Speier Harper McCarthy (CA) Ryan (OH) Fallin Tiahrt Young (FL) Miller, George Reyes Spratt Hoekstra Wamp Hastings (FL) McCarthy (NY) Ryan (WI) Mollohan Richardson Stark Hastings (WA) McCaul Salazar Moore (KS) Rodriguez Stupak b 1550 Heinrich McCollum Sa´ nchez, Linda Moore (WI) Ross Sutton Heller McCotter T. Moran (VA) Rothman (NJ) Tanner Messrs. MCCLINTOCK, GERLACH, Herseth Sandlin McDermott Sanchez, Loretta Murphy (CT) Roybal-Allard Taylor and POSEY changed their vote from Higgins McGovern Sarbanes Murphy (NY) Ruppersberger Teague ‘‘yea’’ to ‘‘nay.’’ Hill McHenry Scalise Murphy, Patrick Rush Thompson (CA) Himes McIntyre Schakowsky Nadler (NY) Ryan (OH) Thompson (MS) So the resolution was agreed to. Hinchey McKeon Schauer Napolitano Salazar Tierney The result of the vote was announced Hinojosa McMahon Schiff Neal (MA) Sa´ nchez, Linda Titus as above recorded. Hirono McMorris Schmidt Nye T. Tonko A motion to reconsider was laid on Hodes Rodgers Schock Holden McNerney Oberstar Sanchez, Loretta Towns the table. Schrader Obey Sarbanes Tsongas Holt Meek (FL) Schwartz Olver Schakowsky Van Hollen f Honda Meeks (NY) Scott (GA) Ortiz Schauer Vela´ zquez Hoyer Melancon Scott (VA) Owens Schiff Visclosky NATIONAL MANUFACTURING Hunter Mica Sensenbrenner Michaud Pallone Schrader Walz STRATEGY ACT OF 2010 Inslee Serrano Pascrell Schwartz Wasserman Israel Miller (MI) Sessions Pastor (AZ) Scott (GA) Schultz The SPEAKER pro tempore (Mr. Issa Miller (NC) Sestak Jackson (IL) Miller, Gary Payne Scott (VA) Waters MURPHY of Connecticut). The unfin- Shea-Porter Jackson Lee Miller, George Perlmutter Serrano Watt ished business is the vote on the mo- Sherman Perriello Sestak Waxman (TX) Minnick Shimkus Jenkins Mitchell Peters Shea-Porter Weiner tion to suspend the rules and pass the Shuler Johnson (GA) Mollohan Peterson Sherman Welch bill (H.R. 4692) to require the President Shuster Johnson (IL) Moore (KS) Pingree (ME) Sires Wilson (OH) to prepare a quadrennial National Man- Simpson Johnson, E. B. Moran (KS) Polis (CO) Skelton Wu Sires ufacturing Strategy, and for other pur- Johnson, Sam Moran (VA) Pomeroy Slaughter Yarmuth Skelton poses, as amended, on which the yeas Jones Murphy (CT) Slaughter Jordan (OH) Murphy (NY) NAYS—178 and nays were ordered. Smith (NJ) Kagen Murphy, Patrick The Clerk read the title of the bill. Smith (TX) Aderholt Frelinghuysen Miller, Gary Kanjorski Murphy, Tim Smith (WA) Alexander Gallegly Minnick The SPEAKER pro tempore. The Kaptur Nadler (NY) Snyder Austria Garrett (NJ) Mitchell question is on the motion offered by Kennedy Napolitano Space Bachmann Gerlach Moran (KS) USH Kildee Neal (MA) the gentleman from Illinois (Mr. R ) Speier Bachus Gingrey (GA) Murphy, Tim Kilpatrick (MI) Nye that the House suspend the rules and Spratt Barrett (SC) Gohmert Myrick Kilroy Oberstar pass the bill, as amended. Stark Bartlett Goodlatte Neugebauer Kind Obey Stupak Barton (TX) Granger Nunes This is a 5-minute vote. King (NY) Olson Sullivan Biggert Graves (GA) Olson The vote was taken by electronic de- Kirk Olver Sutton Bilbray Graves (MO) Paul Kirkpatrick (AZ) Ortiz vice, and there were—yeas 379, nays 38, Tanner Bilirakis Griffith Paulsen Kissell Owens not voting 15, as follows: Taylor Bishop (UT) Guthrie Pence Klein (FL) Pallone Teague Blackburn Hall (TX) Petri [Roll No. 477] Kline (MN) Pascrell Terry Blunt Harper Pitts YEAS—379 Kosmas Pastor (AZ) Thompson (CA) Boehner Hastings (WA) Platts Kratovil Paulsen Ackerman Calvert Diaz-Balart, M. Thompson (MS) Bonner Heller Poe (TX) Kucinich Payne Aderholt Camp Dicks Bono Mack Hensarling Lamborn Perlmutter Thompson (PA) Posey Adler (NJ) Cantor Dingell Boozman Herger Lance Perriello Tiberi Price (GA) Alexander Cao Doggett Boustany Herseth Sandlin Langevin Peters Tierney Putnam Altmire Capito Donnelly (IN) Brady (TX) Hunter Larsen (WA) Peterson Titus Radanovich Arcuri Capps Doyle Bright Inglis Tonko Rehberg Austria Capuano Dreier Larson (CT) Petri Towns Broun (GA) Issa Reichert Baca Cardoza Driehaus Latham Pingree (ME) Tsongas Brown (SC) Jenkins Roe (TN) Bachus Carnahan Duncan LaTourette Pitts Turner Brown-Waite, Johnson (IL) Rogers (AL) Baird Carney Edwards (MD) Latta Platts Upton Ginny Johnson, Sam Rogers (KY) Baldwin Carson (IN) Edwards (TX) Lee (CA) Polis (CO) Van Hollen Buchanan Jones Rogers (MI) Barrow Cassidy Ehlers Lee (NY) Pomeroy Vela´ zquez Burgess Jordan (OH) Rohrabacher Barton (TX) Castle Ellison Levin Posey Burton (IN) Visclosky King (IA) Rooney Bean Castor (FL) Ellsworth Lewis (CA) Price (NC) Buyer Putnam Walden King (NY) Ros-Lehtinen Becerra Chandler Emerson Lipinski Calvert LoBiondo Quigley Walz Kingston Roskam Berkley Childers Engel Camp Berman Loebsack Radanovich Wasserman Kirk Royce Chu Eshoo Campbell Kline (MN) Berry Clarke Etheridge Lofgren, Zoe Rahall Schultz Ryan (WI) Cantor Kratovil Biggert Clay Farr Lowey Rangel Waters Scalise Cao Lamborn Bilbray Cleaver Fattah Lucas Rehberg Watt Schmidt Capito Lance Bilirakis Clyburn Filner Luetkemeyer Reichert Waxman Schock Carter Latham Bishop (GA) Coble Fleming Luja´ n Reyes Weiner Sensenbrenner Cassidy LaTourette Bishop (UT) Coffman (CO) Forbes Lummis Richardson Welch Sessions Castle Latta Blackburn Cohen Fortenberry Lungren, Daniel Rodriguez Whitfield Shadegg Chaffetz Lee (NY) Blumenauer Cole Foster E. Roe (TN) Wilson (OH) Shimkus Blunt Connolly (VA) Foxx Coble Lewis (CA) Lynch Rogers (AL) Wilson (SC) Shuler Boccieri Conyers Frank (MA) Coffman (CO) Linder Maffei Rogers (KY) Wittman Shuster Boehner Cooper Frelinghuysen Cole LoBiondo Maloney Rogers (MI) Wolf Simpson Bonner Costa Fudge Conaway Lucas Manzullo Ros-Lehtinen Woolsey Smith (NE) Bono Mack Courtney Gallegly Crenshaw Luetkemeyer Marchant Roskam Boozman Crenshaw Garamendi Wu Culberson Smith (NJ) Markey (CO) Ross Lummis Boren Critz Garrett (NJ) Yarmuth Davis (KY) Lungren, Daniel Stearns Markey (MA) Rothman (NJ) Sullivan Boswell Crowley Gerlach Dent E. Boucher Cuellar Giffords Diaz-Balart, L. Mack Terry NAYS—38 Thompson (PA) Boustany Cummings Gingrey (GA) Diaz-Balart, M. Manzullo Boyd Dahlkemper Gonzalez Bachmann Graves (GA) Pence Thornberry Djou Marchant Brady (PA) Davis (AL) Goodlatte Barrett (SC) Hensarling Poe (TX) Tiberi Dreier McCarthy (CA) Brady (TX) Davis (CA) Granger Bartlett Herger Price (GA) Turner Duncan McCaul Braley (IA) Davis (IL) Graves (MO) Broun (GA) Inglis Rohrabacher Ehlers Upton McClintock Bright Davis (KY) Grayson Burton (IN) King (IA) Rooney Ellsworth McCotter Walden Brown (SC) Davis (TN) Green, Al Campbell Kingston Royce Emerson McHenry Westmoreland Brown, Corrine DeFazio Green, Gene Carter Linder Shadegg Flake McKeon Whitfield Brown-Waite, DeGette Griffith Chaffetz Mack Smith (NE) Fleming McMorris Wilson (SC) Ginny Delahunt Grijalva Conaway McClintock Stearns Forbes Rodgers Wittman Buchanan DeLauro Guthrie Djou Miller (FL) Thornberry Fortenberry Mica Wolf Burgess Dent Gutierrez Flake Myrick Westmoreland Foxx Miller (FL) Young (AK) Butterfield Deutch Hall (NY) Franks (AZ) Nunes Franks (AZ) Miller (MI) Buyer Diaz-Balart, L. Hall (TX) Gohmert Paul Young (AK)

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 28, 2010 CONGRESSIONAL RECORD — HOUSE H6215 NOT VOTING—15 Edwards (MD) Kucinich Pomeroy Wilson (OH) Wolf Yarmuth Edwards (TX) Lamborn Posey Wilson (SC) Woolsey Young (AK) Akin Fallin Neugebauer Ehlers Lance Price (GA) Wittman Wu Andrews Gordon (TN) Tiahrt Ellison Langevin Price (NC) Bishop (NY) Hoekstra Wamp Ellsworth Larsen (WA) Putnam NOT VOTING—16 Costello Lewis (GA) Watson Emerson Larson (CT) Quigley Akin Lofgren, Zoe Culberson Moore (WI) Young (FL) Towns Engel Latham Radanovich Andrews Neugebauer Wamp ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Eshoo LaTourette Rahall Buyer Obey Watson Etheridge Latta Rangel Fallin Sanchez, Loretta Young (FL) The SPEAKER pro tempore (during Farr Lee (CA) Rehberg Hoekstra Scott (GA) the vote). Members are reminded there Fattah Lee (NY) Reichert Lewis (GA) Tiahrt are 2 minutes remaining in this vote. Filner Levin Reyes Flake Lewis (CA) Richardson ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE b 1600 Fleming Linder Rodriguez The SPEAKER pro tempore (during Forbes Lipinski Roe (TN) the vote). Two minutes remain in this Messrs. BURTON of Indiana, ROYCE Fortenberry LoBiondo Rogers (AL) and ROHRABACHER changed their Foster Loebsack Rogers (KY) vote. vote from ‘‘yea’’ to ‘‘nay.’’ Foxx Lowey Rogers (MI) b 1608 So (two-thirds being in the affirma- Frank (MA) Lucas Rohrabacher Franks (AZ) Luetkemeyer Rooney Mrs. NAPOLITANO changed her vote tive) the rules were suspended and the ´ Frelinghuysen Lujan Ros-Lehtinen from ‘‘nay’’ to ‘‘yea.’’ bill, as amended, was passed. Fudge Lummis Roskam So (two-thirds being in the affirma- The result of the vote was announced Gallegly Lungren, Daniel Ross Garamendi E. Rothman (NJ) tive) the rules were suspended and the as above recorded. Garrett (NJ) Lynch Roybal-Allard resolution was agreed to. A motion to reconsider was laid on Gerlach Mack Royce The result of the vote was announced the table. Giffords Maffei Ruppersberger Gingrey (GA) Maloney Rush as above recorded. f Gohmert Manzullo Ryan (OH) A motion to reconsider was laid on Gonzalez Marchant Ryan (WI) the table. HONORING DR. JANE GOODALL Goodlatte Markey (CO) Salazar Gordon (TN) Markey (MA) Sa´ nchez, Linda f The SPEAKER pro tempore. The un- Granger Marshall T. finished business is the vote on the mo- Graves (GA) Matheson Sarbanes PROTECTING GUN OWNERS IN tion to suspend the rules and agree to Graves (MO) Matsui Scalise BANKRUPTCY ACT OF 2010 the resolution (H. Res. 1543) honoring Grayson McCarthy (CA) Schakowsky Green, Al McCarthy (NY) Schauer The SPEAKER pro tempore. The un- the educational significance of Dr. Green, Gene McCaul Schiff finished business is the vote on the mo- Jane Goodall’s work on this the 50th Griffith McClintock Schmidt tion to suspend the rules and pass the anniversary of the beginning of her Grijalva McCollum Schock bill (H.R. 5827) to amend title 11 of the work in Tanzania, Africa, on which the Guthrie McCotter Schrader Gutierrez McDermott Schwartz United States Code to include firearms yeas and nays were ordered. Hall (NY) McGovern Scott (VA) in the types of property allowable The Clerk read the title of the resolu- McHenry Sensenbrenner Hall (TX) under the alternative provision for ex- tion. Halvorson McIntyre Serrano empting property from the estate, as The SPEAKER pro tempore. The Hare McKeon Sessions Harman McMahon Sestak amended, on which the yeas and nays question is on the motion offered by Harper McMorris Shadegg were ordered. the gentleman from Colorado (Mr. Hastings (FL) Rodgers Shea-Porter The Clerk read the title of the bill. POLIS) that the House suspend the Hastings (WA) McNerney Sherman Heinrich Meek (FL) Shimkus The SPEAKER pro tempore. The rules and agree to the resolution. Heller Meeks (NY) Shuler question is on the motion offered by This is a 5-minute vote. Hensarling Melancon Shuster the gentleman from Virginia (Mr. The vote was taken by electronic de- Herger Mica Simpson SCOTT) that the House suspend the vice, and there were—yeas 416, nays 0, Herseth Sandlin Michaud Sires Higgins Miller (FL) Skelton rules and pass the bill, as amended. not voting 16, as follows: Hill Miller (MI) Slaughter This is a 5-minute vote. [Roll No. 478] Himes Miller (NC) Smith (NE) Hinchey Miller, Gary Smith (NJ) The vote was taken by electronic de- YEAS—416 Hinojosa Miller, George Smith (TX) vice, and there were—yeas 307, nays Ackerman Boyd Coffman (CO) Hirono Minnick Smith (WA) 113, not voting 12, as follows: Aderholt Brady (PA) Cohen Hodes Mitchell Snyder Adler (NJ) Brady (TX) Cole Holden Mollohan Space [Roll No. 479] Alexander Braley (IA) Conaway Holt Moore (KS) Speier YEAS—307 Altmire Bright Connolly (VA) Honda Moore (WI) Spratt Aderholt Bright Costello Arcuri Broun (GA) Conyers Hoyer Moran (KS) Stark Adler (NJ) Broun (GA) Courtney Austria Brown (SC) Cooper Hunter Moran (VA) Stearns Alexander Brown (SC) Crenshaw Baca Brown, Corrine Costa Inglis Murphy (CT) Stupak Altmire Brown-Waite, Critz Bachmann Brown-Waite, Costello Inslee Murphy (NY) Sullivan Arcuri Ginny Cuellar Bachus Ginny Courtney Israel Murphy, Patrick Sutton Austria Buchanan Culberson Baird Buchanan Crenshaw Issa Murphy, Tim Tanner Baca Burgess Dahlkemper Baldwin Burgess Critz Jackson (IL) Myrick Taylor Bachmann Burton (IN) Davis (AL) Barrett (SC) Burton (IN) Crowley Jackson Lee Nadler (NY) Teague Bachus Buyer Davis (KY) Barrow Butterfield Cuellar (TX) Napolitano Terry Barrett (SC) Calvert Davis (TN) Bartlett Calvert Culberson Jenkins Neal (MA) Thompson (CA) Barrow Camp DeFazio Barton (TX) Camp Cummings Johnson (GA) Nunes Thompson (MS) Bartlett Campbell Dent Bean Campbell Dahlkemper Johnson (IL) Nye Thompson (PA) Barton (TX) Cantor Diaz-Balart, L. Becerra Cantor Davis (AL) Johnson, E. B. Oberstar Thornberry Bean Cao Diaz-Balart, M. Berkley Cao Davis (CA) Johnson, Sam Olson Tiberi Berkley Capito Dicks Berman Capito Davis (IL) Jones Olver Tierney Biggert Cardoza Dingell Berry Capps Davis (KY) Jordan (OH) Ortiz Titus Bilbray Carnahan Doggett Biggert Capuano Davis (TN) Kagen Owens Tonko Bilirakis Carney Donnelly (IN) Bilbray Cardoza DeFazio Kanjorski Pallone Tsongas Bishop (GA) Carson (IN) Dreier Bilirakis Carnahan DeGette Kaptur Pascrell Turner Bishop (UT) Carter Driehaus Bishop (GA) Carney Delahunt Kennedy Pastor (AZ) Upton Blackburn Cassidy Duncan Bishop (NY) Carson (IN) DeLauro Kildee Paul Van Hollen Blunt Castle Edwards (TX) Bishop (UT) Carter Dent Kilpatrick (MI) Paulsen Vela´ zquez Boccieri Chaffetz Ehlers Blackburn Cassidy Deutch Kilroy Payne Visclosky Boehner Chandler Ellsworth Blumenauer Castle Diaz-Balart, L. Kind Pence Walden Bonner Childers Emerson Blunt Castor (FL) Diaz-Balart, M. King (IA) Perlmutter Walz Bono Mack Clyburn Etheridge Boccieri Chaffetz Dicks King (NY) Perriello Wasserman Boozman Coble Flake Boehner Chandler Dingell Kingston Peters Schultz Boren Coffman (CO) Fleming Bonner Childers Djou Kirk Peterson Waters Boswell Cole Forbes Bono Mack Chu Doggett Kirkpatrick (AZ) Petri Watt Boucher Conaway Fortenberry Boozman Clarke Donnelly (IN) Kissell Pingree (ME) Waxman Boustany Connolly (VA) Foster Boren Clay Doyle Klein (FL) Pitts Weiner Boyd Conyers Foxx Boswell Cleaver Dreier Kline (MN) Platts Welch Brady (TX) Cooper Franks (AZ) Boucher Clyburn Driehaus Kosmas Poe (TX) Westmoreland Braley (IA) Costa Frelinghuysen Boustany Coble Duncan Kratovil Polis (CO) Whitfield

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6216 CONGRESSIONAL RECORD — HOUSE July 28, 2010 Gallegly Luja´ n Rodriguez Pallone Schakowsky Van Hollen b 1618 Garamendi Lummis Roe (TN) Payne Serrano Vela´ zquez Garrett (NJ) Lungren, Daniel Rogers (AL) Price (NC) Sherman Visclosky IN THE COMMITTEE OF THE WHOLE Gerlach E. Rogers (KY) Quigley Sires Wasserman Accordingly, the House resolved Giffords Mack Rogers (MI) Rangel Slaughter Schultz itself into the Committee of the Whole Gohmert Richardson Speier Maffei Rohrabacher Waters House on the state of the Union for the Goodlatte Manzullo Rooney Rothman (NJ) Stark Watt Gordon (TN) Marchant Ros-Lehtinen Roybal-Allard Thompson (MS) Waxman consideration of the bill (H.R. 5822) Sa´ nchez, Linda Tierney Granger Markey (CO) Roskam Weiner making appropriations for military Graves (GA) Marshall T. Tonko Ross Woolsey construction, the Department of Vet- Graves (MO) Matheson Sanchez, Loretta Towns Royce Yarmuth Sarbanes Tsongas erans Affairs, and related agencies for Grayson McCarthy (CA) Ruppersberger Green, Al McCaul Rush the fiscal year ending September 30, Green, Gene McClintock NOT VOTING—12 Ryan (OH) 2011, and for other purposes, with Ms. Griffith McCotter Ryan (WI) Akin Hall (TX) Tiahrt EDWARDS of Maryland in the chair. Guthrie McHenry Andrews Hoekstra Wamp Salazar Halvorson McIntyre Fallin Lewis (GA) Watson The Clerk read the title of the bill. Scalise Hare McKeon Gingrey (GA) Neugebauer Young (FL) The CHAIR. Pursuant to the rule, the Harper McMorris Schauer bill is considered read the first time. Schiff ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Hastings (WA) Rodgers The gentleman from Texas (Mr. ED- Heinrich McNerney Schmidt Schock The SPEAKER pro tempore (during WARDS) and the gentleman from Flor- Heller Meek (FL) the vote). There are 2 minutes remain- Hensarling Melancon Schrader ida (Mr. CRENSHAW) each will control 30 Herger Mica Schwartz ing in this vote. minutes. Herseth Sandlin Michaud Scott (GA) The Chair recognizes the gentleman Higgins Miller (FL) Scott (VA) b 1617 Hill Miller (MI) Sensenbrenner from Texas. Hinchey Miller (NC) Sessions Ms. KILPATRICK of Michigan, Mr. EDWARDS of Texas. Madam Hinojosa Miller, Gary Sestak Messrs. JACKSON of Illinois and Chair, I yield myself such time as I Hodes Minnick Shadegg TONKO changed their votes from may consume. Holden Mitchell Shea-Porter ‘‘yea’’ to ‘‘nay.’’ Madam Chair, it’s a privilege for me Hoyer Mollohan Shimkus Hunter Moore (KS) Shuler So (two-thirds being in the affirma- to present the fiscal year 2011 Military Inglis Moore (WI) Shuster tive) the rules were suspended and the Construction and Veterans Affairs ap- Inslee Moran (KS) Simpson bill, as amended, was passed. propriations bill. I believe this bill and Issa Murphy (NY) Skelton The result of the vote was announced the work we have done since January Jenkins Murphy, Patrick Smith (NE) Johnson (GA) Murphy, Tim Smith (NJ) as above recorded. of 2007 is a work all of us can be very Johnson (IL) Myrick Smith (TX) A motion to reconsider was laid on proud of. Johnson, Sam Nunes Smith (WA) the table. In this time of war, we have contin- Jones Nye Snyder ued our tradition of a bipartisan Mili- Jordan (OH) Oberstar Space f Kagen Obey Spratt tary Construction and Veterans Affairs Kanjorski Olson Stearns PERSONAL EXPLANATION appropriation bill. It has honored in a Kaptur Ortiz Stupak meaningful way the service and sac- Kildee Owens Mr. AKIN. Madam Speaker, on July 28, Sullivan rifice of our servicemen and -women, Kind Pascrell 2010, I was absent from the House and Sutton our veterans and their families. King (IA) Pastor (AZ) Tanner King (NY) Paul missed rollcall votes 476, 477, 478, and 479. Taylor With passage of this fiscal year 2011 Kingston Paulsen Had I been present, I would have voted Teague bill, the Congress will have increased Kirk Pence Terry ‘‘no’’ on rollcall 476; ‘‘yes’’ on rollcall 477; Kirkpatrick (AZ) Perlmutter veterans health care and benefits fund- Thompson (CA) ‘‘yes’’ on rollcall 478; and ‘‘yes’’ on rollcall 479. Kissell Perriello ing by 70 percent in the last 31⁄2 years. Thompson (PA) Kline (MN) Peters f Thornberry In addition, we have funded a new 21st Kosmas Peterson century GI education bill that 510,000 Kratovil Petri Tiberi REMOVAL OF NAME OF MEMBER Titus servicemen and -women, veterans, and Lamborn Pingree (ME) AS COSPONSOR OF H. RES. 1548 Lance Pitts Turner military children have used to further Larsen (WA) Platts Upton Mr. SABLAN. Mr. Speaker, I ask Walden their education. This is an unprece- Latham Poe (TX) unanimous consent to remove my LaTourette Polis (CO) Walz dented increase in Congress’ commit- Latta Pomeroy Welch name as a cosponsor of H. RES. 1548. ment to veterans. Lee (NY) Posey Westmoreland The SPEAKER pro tempore. Is there In our book, our veterans have Lewis (CA) Price (GA) Whitfield objection to the request of the gen- earned every dime of this funding. We Linder Putnam Wilson (OH) have, among other things, increased by Lipinski Radanovich Wilson (SC) tleman from the Northern Mariana Is- LoBiondo Rahall Wittman lands? 10,200 the number of permanent claims Loebsack Rehberg Wolf There was no objection. processors in the VA to reduce VA case Lucas Reichert Wu backlogs, provided an additional 145 f Luetkemeyer Reyes Young (AK) community-based outpatient clinics, NAYS—113 GENERAL LEAVE built 92 new vet centers. This bill will add 30 mobile vet centers to serve rural Ackerman Djou Kilpatrick (MI) Mr. EDWARDS of Texas. Mr. Speak- Baird Doyle Kilroy er, I ask unanimous consent that all communities. It allowed the Veterans Baldwin Edwards (MD) Klein (FL) Members may have 5 legislative days Health Administration to hire an addi- Becerra Ellison Kucinich in which to revise and extend their re- tional 18,000 new doctors and nurses. Berman Engel Langevin These resources mean that our vet- Berry Eshoo Larson (CT) marks on H.R. 5822. erans have better access to the health Bishop (NY) Farr Lee (CA) The SPEAKER pro tempore. Is there Blumenauer Fattah Levin care they need and deserve, including objection to the request of the gen- Brady (PA) Filner Lofgren, Zoe improved access in rural areas, in- tleman from Texas? Brown, Corrine Frank (MA) Lowey creased access for VA health care for Butterfield Fudge Lynch There was no objection. Capps Gonzalez Maloney low- and middle-income vets. Addition- Capuano Grijalva Markey (MA) f ally, these resources ensure that our Castor (FL) Gutierrez Matsui veterans receive, on a more timely Chu Hall (NY) McCarthy (NY) MILITARY CONSTRUCTION AND basis, the services and benefits that Clarke Harman McCollum VETERANS AFFAIRS AND RE- they have earned. Clay Hastings (FL) McDermott LATED AGENCIES APPROPRIA- Cleaver Himes McGovern We have also worked hard to make Cohen Hirono McMahon TIONS ACT, 2011 sure that our military knows that the Crowley Holt Meeks (NY) Cummings Honda Miller, George The SPEAKER pro tempore. Pursu- Congress respects the sacrifices that Davis (CA) Israel Moran (VA) ant to House Resolution 1559 and rule they and their families have made each Davis (IL) Jackson (IL) Murphy (CT) XVIII, the Chair declares the House in and every day to keep our great Nation DeGette Jackson Lee Nadler (NY) the Committee of the Whole House on safe. We have heard time and time Delahunt (TX) Napolitano DeLauro Johnson, E. B. Neal (MA) the State of the Union for the consider- again in testimony that the best sup- Deutch Kennedy Olver ation of the bill, H.R. 5822. port we can give our military when

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Mr. CRENSHAW has truly been a partner The seventh initiative I would high- We have listened and funded initia- every step of the way in putting to- light, this bill also continues to open tives, such as: gether this bipartisan bill, and I thank up VA medical care to more middle- $2.8 billion for new military hospitals him for that. and low-income veterans by 292,000, the so servicemen and -women know that I also thank Mr. FARR on the Demo- number of veterans receiving health their families will get the best possible cratic side, the vice chairman of our care since reopening enrollment in health care in high quality facilities; subcommittee, who has done an out- 2009. New child care centers to serve 20,000 standing job for our veterans and our Finally, we want to ensure that his- military children; military. toric increases in funding for the VA Over $500 million in additional fund- Madam Chair, I would like to high- are spent wisely. To increase oversight ing for barracks, because Congress light several key initiatives in this of the taxpayers’ dollars, we provide an needs to show our volunteer forces bill. additional $6 million to VA’s Office of from day one that we respect and First, this bill continues an initiative Inspector General. honor their decision to serve. begun last year to provide advance ap- The Subcommittee for Military Con- propriation for VA medical care. This Madam Chair, I am going to skip struction and Veterans Affairs did not will allow the VA to invest taxpayer over some of the numbers that we have accomplish this alone. There are sev- dollars more effectively and efficiently, in this bill, but I would be remiss if I eral key leaders that have worked tire- and it is a top priority of America’s did not thank the committee staff, lessly behind the scenes to support our veterans’ service organizations. very professional committee staff, a efforts. Second, we provide $190 million to very dedicated committee staff, for their hard work and long hours during Speaker PELOSI promised our vet- new troop housing for Army trainees, erans that they would be a top priority over 60,000 of whom are presently living this process: the minority staff, led by for her, and the fact is she has more in barracks that don’t even meet min- Martin Delgado, Liz Dawson and Kelly than honored that promise. Her finger- imum DOD standards. Our 18- and 19- Shea; and Erin Fogleman and Gilbert prints are on every bill that has pro- year-old military recruits don’t have DMeza from Mr. WAMP’s staff; and the vided for our military and veterans in many lobbyists running around the majority staff led by Subcommittee Clerk Tim Peterson, Mary Arnold, Wal- the past 31⁄2 years through our sub- halls of Capitol Hill, but they deserve committee, and I thank her for her our Nation’s respect and support for ter Hearne, Sue Quantius and Todd leadership in these efforts. their decision to serve in our military Friedman and Michelle Dominguez on Also, we would not have seen the his- during a time of war. my staff. They don’t get public credit toric funding increases that I have just Third, we provide $200 million for a for the work, but the work of this bill highlighted were it not for the dedi- Guard and Reserve construction initia- would not have been done had it not been for their professionalism, and I cated support of Chairman DAVE OBEY, tive, recognizing the vital role these who, in my book, is the unsung hero of troops are playing in Iraq and Afghani- thank each of them personally. America’s veterans. stan. In conclusion, this bill keeps our I must also salute, and want to sa- Fourth, the bill provides $1.3 billion promise to our veterans. That is what lute, the VA Committee chairman, BOB in emergency appropriations for mili- the Paralyzed Veterans of America, FILNER, for his strong leadership every tary construction of facilities in sup- AMVETS, Disabled American Vet- day on behalf of America’s veterans. He port of our military operations in Af- erans, and Veterans of Foreign Wars has truly made a difference. ghanistan. have said. In fact, they state, ‘‘We offer Lastly, but definitely not least, our Fifth, recognizing the mental wounds our strong support for the FY 2011 Mili- ranking member, Mr. WAMP of Ten- of war can sometimes be more painful tary Construction and Veterans Affairs nessee, has been a vital partner in put- and long lasting than the physical appropriations bill and we hope that ting together this bill, and last year’s wounds of combat, we provide $5.2 bil- the House will quickly pass this crit- bill as well. Mr. WAMP has a genuine lion for the VA to continue its im- ical legislation.’’ heart for America’s servicemen and provements in PTSD and mental This bill sends a clear message to -women and our veterans, and he has health care for America’s veterans. America’s servicemen and -women, championed their cause. It has been a Sixth, this bill includes funding for their families, and our veterans. We ap- privilege to work with him, and also 4,048 new permanent VA claims proc- preciate and respect their service and with ANDER CRENSHAW, who has filled essors in order to help veterans receive sacrifice.

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VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE Insert offset folio 2106/4 here EH28JY10.004 H6222 CONGRESSIONAL RECORD — HOUSE July 28, 2010 Madam Chair, I reserve the balance all felt like—it was a bipartisan agree- they have the quality of life they so of my time. ment—that the Inspector General has richly deserve. This bill continues the commitment b 1630 so much to offer in terms of oversight, in terms of accountability, by doing that we’ve made there. Sometimes Mr. CRENSHAW. Madam Chair, I audits, that they ought to have addi- when you think about military con- yield myself such time as I may con- tional resources, and so we added $6 struction projects, you think about a sume. million there. new hangar or a new dock or a ship or First let me just say that I rise in Another concern that was raised at a landing strip or a wharf; but as Mr. support of this appropriations bill. It’s the subcommittee level was the VA had EDWARDS pointed out, housing is so the first appropriations bill that we decided that they wanted to reduce the very vital. We’ve done a great job, and will bring to the floor today, and I number of claims processors they had we continue that commitment. Wheth- think it’s an excellent bill. in the new GI bill as part of the vet- er it’s a barracks or whether it’s mar- I would like to start by thanking erans affairs. You all remember when ried housing, we want to have the hous- Chairman EDWARDS, not only for his we passed that updated version of the ing we would want our sons and daugh- leadership, but for the example that he GI bill and added benefits that are so ters to live in, and we’re making great sets to make every member of the sub- important to our veterans as they progress in that area. committee feel like they are valued. He come back, and yet we found out that I think we all agree we’ve got the has treated everyone with a sense of last year there had been quite a bit of best trained and the most equipped fairness. It has been an open process, problems just because of the increased military in the world, and we’ve bipartisan process, and we appreciate demand on those claims processors. We worked hard to do that. But we are also that very much. I think because of that thought it would be a bad idea to re- beginning to make sure that when peo- atmosphere that everything we do in duce the number of folks that were ple come back that have been under this subcommittee is really geared to processing those claims when last year some stress, under unique situations, make sure that we put the best inter- this chaos was created—and my office that they have adequate counseling, ests of the men and women in uniform got calls, I know other Members got that they have those kinds of programs first, and put their families first, the calls because the tuition payments that are so very important; and I think veterans, and those fallen heroes. weren’t being made in a timely fashion, this bill continues that commitment. And just finally I would say there are I want to say a word about Ranking the claims weren’t being processed; in a couple of important projects that are Member ZACH WAMP. I am here in his fact, sometimes the checks were writ- funded this year as part of the adminis- stead. He is back home in Tennessee ten by hand and delivered without tration’s budget deal with my district trying to represent the people of Ten- much accountability. in northeast Florida. There is a naval nessee in a different way, as the Gov- And so while we applaud the VA for station, Mayport, that the Navy has ernor of that State. But I can tell you saying we want to try to do more with decided to make that home port for a that even though he is not here, as Mr. less, we thought right now that would nuclear carrier; and so last year there EDWARDS mentioned, he has been very be penny wise and pound foolish. And was money to begin dredging, to begin much a part of this process. I think so we added back those claims proc- wharf upgrades. This year, there is $2 this bill is a reflection of his dedica- essors. We want to make sure that we million for planning and design to con- tion, his commitment to the men and get everything done on time. Next tinue that process. I worked with the women in uniform. And I know that year, they’re actually estimating the I’ve heard Mr. WAMP say on occasion chief of naval operations—in fact, increase will be 31 percent. There will spoke with him just about a month that serving as the ranking member of be over 2.2 million claims made under this subcommittee has been the high- ago—and the Navy is still very com- those new GI benefits, and we want to mitted, because of national security, to est achievement of his career here in make sure that they are paid on time. the House of Representatives, and so make sure that we have the ability to So we added back those individuals. disperse our assets, to make sure we we wish him well as he leaves. And, finally, there was a concern have a backup nuclear maintenance fa- I want to also say a word about Mr. about Arlington National Cemetery. I cility, and I thank the subcommittee YOUNG. He’s not here today, but he has think a lot of people read about some been a long-time member of this sub- and the members for their support. of the horror stories that went on Also in northeast Florida, the Ma- committee. I think Chairman EDWARDS there. We found out that the manage- rines have a project called Blount Is- agrees that he has been a great cham- ment was really a little bit behind in land, where a great deal of the materiel pion of the men and women in uniform. terms of modern day. So the Secretary goes back and forth through that port He and his wife, Beverly, are often visi- of the Army, John McHugh, acted very to the Middle East. There is money to tors at our military hospitals to see quickly and very forcefully. He set up upgrade and make that more of a the folks that have come back, the some guidelines to improve what’s world-class facility. wounded warriors. If he were here, I’m going on at Arlington National Ceme- So this is a great bill that I think we sure he would stand up and say that he tery. Mr. YOUNG offered some report can all be proud of. And it really is the believes this is a very good bipartisan language to make sure that the mem- result of the leadership of Mr. EDWARDS bill. He is recovering from some sur- bers of this subcommittee will have a and his hard work, the leadership of gery himself, so I know we all wish him chance to exercise appropriate over- Mr. WAMP and his hard work and, actu- well in this committee. sight. ally, the hard work of every member of Mr. EDWARDS has done a great job of So those were areas of concern that I this subcommittee. And I think be- talking about kind of an overview of think were addressed because of this cause of that, we have a bill that truly what goes on here, and so I don’t want open process, and those amendments honors our American heroes. It speaks to repeat that. I certainly want to echo were adopted unanimously on a bipar- to the people that defend us today, it his words of congratulations to the tisan basis. speaks to those who have returned as staff; we thank everyone for their hard I would say from the big-picture veterans, and also to those who have work. But I want to mention a couple standpoint, as Mr. EDWARDS has talked paid the ultimate sacrifice. And so for of items that were brought up that about, I came to Congress primarily be- those reasons, Madam Chair, I urge ev- were concerns that, because of the open cause I believed that the number one eryone to support this bill. process, because of the bipartisan na- responsibility of the Federal Govern- I reserve the balance of my time. ture in our subcommittee markup, ment is to protect American lives, and Mr. EDWARDS of Texas. Madam members had a chance to talk about I still believe that today. But what I Chair, before introducing Chairman some issues of concern. found when I was assigned to this sub- OBEY, I would like to join with my One was, and Mr. EDWARDS men- committee was that we also have a sa- friend and colleague, Mr. CRENSHAW, in tioned that, we found that while we cred responsibility to make sure that saluting Mr. YOUNG of Florida. While were adding dollars to most of the pro- the men and women who wear the uni- he is not here because of an illness grams in the VA, the Inspector General form are treated with respect, that today, he has spent a lifetime of serv- was kind of held to last year’s level. We they have adequate housing, and that ice and commitment to our servicemen

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I eligible to file claims for disabilities Those ought to be votes that you can thank Mr. LEWIS also for working on caused by Agent Orange. Veterans’ cast for and against. Yet there is one this bill and for his leadership through- medical care is the largest component bill you can’t vote against, and that is out his long career here in Congress in of the bill. According to the VA, more the bill that supports the troops in support of our servicemen and -women. than 6.1 million patients will be treat- their residence, in their training and Madam Chair, it is one of two honors ed in 2011, including nearly 440,000 vet- back here at home—the quality of life of my lifetime to recognize and intro- erans of the wars in Iraq and Afghani- that we provide defense personnel, duce Chairman DAVE OBEY. I must say stan. military personnel. that in the last 31⁄2 years, this Congress Now, many people think of veterans’ This is the bill that funds the child has increased veterans funding by more health care as being solely focused on care centers. This is the bill that cre- than any 31⁄2-year period in history. physical injuries. We understand now, ates the housing for men and women in That would not have happened had it better than ever, how combat threat- uniform, who voluntarily join the serv- not been for the allocations and the ens soldiers’ mental health as well. We ice. This is the bill that creates the personal leadership of Chairman DAVE owe it to every one of them to address clinics and the hospitals, the support OBEY. And while others of us at the not only their physical wounds but also systems—any kind of community of subcommittee level or the VA author- the mental and emotional con- support—and a special one for military izing subcommittee level have been the sequences of war. This bill includes personnel needs. So one can vote ones sometimes recognized by veterans added resources for services to veterans against the war, but one cannot vote suffering from traumatic brain injury, groups for our work over these past 31⁄2 against the support here at home. post-traumatic stress disorder, depres- years, it has been Chairman OBEY’s This bill has bipartisan support be- leadership and partnership with Speak- sion, and other mental conditions. Full cause it is interested in improving the access to this care remains a problem er PELOSI behind the scenes that have quality of life of military personnel, made all of these new programs, infor some veterans, for seeing the right who voluntarily come into the mili- cluding the funding of the GI bill, that specialist can mean expensive trips and tary. Everybody who passes through hours and hours in the car. has helped over 500,000 servicemen and the Department of Defense ends up be- In Northern Wisconsin, for instance, -women and veterans and their fami- coming a veteran. You cannot be a vet- there are tens of thousands of veterans eran without having served in active lies. who cannot regularly see counselors It’s been Mr. OBEY’s leadership that duty. because there aren’t vet centers any- This committee also supports the has truly made a difference in this where near their homes. This bill continuum of care. We ought not to process. Of his many great legacies of makes critical investments to meet have a silo of Defense Department his service to this country and Con- our obligations to them. gress, I hope he will always be remem- This bill also addresses the high rate quality of care and a separate silo for bered as a true champion of America’s of veterans’ homelessness. On any veterans. We are making it seamless. veterans. given night last year, 107,000 veterans We are making it so that, when you en- Madam Chair, I yield 5 minutes to were homeless. That is shameful. With roll in the Department of Defense, you Chairman OBEY. the goal of ending veterans’ homeless- also automatically enroll in the De- partment of Veterans Affairs. The De- b 1640 ness in 5 years, this bill matches the budget request for VA homeless assist- partment of Veterans Affairs takes Mr. OBEY. I thank the gentleman for care of you for the rest of your life. We the time. I thank him for his over- ance grants and supportive services for veterans and their families who need owe it to any man or woman who has blown words. ever served in the military to provide I do want to extend my best wishes to them. At the end of the day, it is important them the promises that were made. BILL YOUNG, who is one of the most to remember that this bill is not just These promises were made, but the loved Members of this House and one of about dollars and programs. It is about quality of care until now has not been the most respected. our duty to American veterans—to re- that great. It has changed. I also want to congratulate the gen- spect their service and sacrifice, not Please support this appropriations tleman from Texas for the superb job only with flowery words on the Fourth bill as the real ‘‘support our troops’’ he has done in putting this bill to- of July, but also with actions like this, bill. gether. It is a well-balanced bill, and on days like this, that are less noticed Mr. CRENSHAW. Madam Chair, I everyone understands the gentleman’s but every bit as important. continue to reserve the balance of my convictions and his passionate desire I congratulate the subcommittee for time. to defend the interests of American the bill that they have produced. Mr. EDWARDS of Texas. Madam veterans. Mr. CRENSHAW. Madam Chair, I re- Chair, I yield 11⁄2 minutes to a very im- Madam Chair, there are more than 6 serve the balance of my time. portant member of our Appropriations million veterans and their families who Mr. EDWARDS of Texas. Madam subcommittee, the gentleman from depend on the Department of Veterans Chair, I yield 2 minutes to the vice Colorado (Mr. SALAZAR), who has been Affairs for medical care, for disability chairman of the Appropriations Sub- a real champion for our vets and our payments, and education benefits, and committee on Military Construction troops. this bill represents our obligation to and Veterans Affairs, the gentleman Mr. SALAZAR. Madam Chair, I want them. It builds on our actions of the from California (Mr. FARR), who has to take a moment to recognize my col- last 2 years, which have provided the been a champion on this committee for leagues. most significant enlargement of edu- veterans, our troops, their families, Chairman EDWARDS has been a great cation benefits for veterans since the and for all of the many issues involved champion of our veterans since his ten- passage of the original GI Bill of in this subcommittee’s affairs. ure here in Congress began. Also, I Rights. Mr. FARR. Thank you very much, thank Ranking Member WAMP and Mr. One of the bill’s highest priorities is Mr. Chairman. CRENSHAW for their valiant efforts in to help cut through the bureaucracy To our current acting ranking mem- putting this bill together. that disabled veterans face over their ber, Mr. CRENSHAW, thank you very I don’t think that I have had a great- claims. They shouldn’t have to wait much for giving me this moment to er honor than to serve on a committee months and months for their paper- speak on this very important bill. of this type where we all work together work to be processed before receiving Madam Chair, yesterday, the House in a bipartisan manner. Chairman ED- the benefits owed to them. The bill proof Representatives had a very impor- WARDS, Ranking Member WAMP, Mr.

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And I cer- mate that almost 400,000 construction bipartisanship and fiscal responsibility tainly look forward to working with jobs could be created just by this bill of this bill. In completing BRAC 2005, the gentleman on examining that re- alone. That’s good news for jobs in this the subcommittee was able to reduce port and seeing how we can incorporate country. But we can have even better the overall spending of this bill by some of its ideas into the final con- news if we make sure that the mate- three-quarters of a billion dollars. The ference report on this bill. rials used to build those buildings are bill includes a total of $57 billion, Mr. CRENSHAW. Madam Chair, I bought here in America as well. which is an increase of nearly $4 billion continue to reserve the balance of my Many of us have been working very for veterans’ medical care, disability, time. hard on reinforcing our Buy America and educational benefits. Veterans in Mr. EDWARDS of Texas. Madam law. This construction funding pre- Colorado are a major winner in this bill Chair, I yield such time as he may consents us with a unique opportunity to again. Thanks to the President and to sume to the gentleman from Indiana not only serve our veterans, not only the subcommittee for their continued (Mr. DONNELLY) for the purpose of my honor our commitment to them, but support of a new VA medical center in entering into a colloquy with him. also grow the types of jobs in construc- Denver, Colorado. Mr. DONNELLY of Indiana. Madam tion and construction materials that I want to thank all of those Members Chairman, I want to thank the chair- this economy badly needs. who continue to fight the good fight man for his and his committee’s work I’m so thankful to the chairman for for our veterans and military per- on this bill. all of his work bringing this bill to the sonnel. As we all know, there are veterans floor and what it will mean for vet- Mr. CRENSHAW. Madam Chair, I across the country, including thou- erans and for jobs. yield myself 1 minute. sands in my district, who are forced to Mr. CRENSHAW. I continue to re- I would ask Chairman EDWARDS if he drive long distances to receive the serve. would engage in a brief colloquy. medical care they earned through their Mr. EDWARDS of Texas. Madam Mr. EDWARDS, it is my understanding service to the Nation. But I understand Chair, there are several other speakers that the committee authorized a study that included in this bill is $15 million on our side of the aisle who said they in March to review various portions of for the VA Health Care Center Advance would like to speak, but perhaps we the Veterans Health Administration. Planning account, which would go to- have progressed more quickly than As I understand it, the committee has ward new VA Health Care Centers, they thought. just received the report. Once the re- which could help these veterans. I yield 2 minutes to the gentleman port has been analyzed by the com- I wonder if the chairman wouldn’t from Texas (Mr. RODRIGUEZ), a member mittee staff, I believe it would be im- mind going into some detail on this of the Appropriations Committee who portant, as we move this veterans’ ap- item. has been vocal in his strong support of propriations bill forward, that we use I yield to the gentleman. our veterans and troops. the recommendations in the report, if Mr. EDWARDS of Texas. I want to Mr. RODRIGUEZ. Madam Chair, I feasible, to provide better oversight thank the gentleman for his hard work just wanted to take this opportunity to and better transparency to the health on behalf of our veterans. He’s been a come down to the House floor and con- care spending at the VA. leader on these issues. And thanks to gratulate our chairman, Congressman Mr. EDWARDS of Texas. Will the you, Mr. DONNELLY, this bill directs $15 CHET EDWARDS, on his efforts in this gentleman yield? million that you referenced to planning area. I feel really elated in terms of the Mr. CRENSHAW. I yield to the gen- the VA health care centers across the amount of resources that we have been tleman. country. It’s an innovative way to able to put for our veterans. Mr. EDWARDS of Texas. I want to make more services available to vet- Having been on the Veterans’ Com- thank the gentleman both for the erans locally. mittee and on the appropriations side points he is making now and also for I understand that among the loca- and the authorizing side, I had the op- his focus on oversight. tions due to have a new VA health care portunity to witness the situation that As we have provided these historic center is South Bend, in the gentle- we suffered with when we had to do the increases in veterans’ funding over the man’s district. And South Bend’s dem- copayments and require our veterans last several years, and as we have been onstrated need for such an expansion of to come up and pay copayments. We working together on a bipartisan basis, VA health care services was noted by cut Category 8 veterans from that. In I think it is also very important that the committee in its report language. addition, not only that, but we asked we see that those tax dollars are spent Furthermore, the committee expects them to pay for additional fees for wisely, efficiently, and effectively. that this account will be utilized by services. I have been concerned for some time the VA as soon as possible. And in the last 3 years, it’s been a that the large increases we have pro- Mr. DONNELLY of Indiana. Mr. turnaround, and this bill provides re- vided the VA health care system have Chairman, thank you so much for your sources there for the first time that not always made their way down to the leadership. allow an opportunity for us to be able individual hospitals on a very rapid Mr. CRENSHAW. I reserve the bal- to look at our infrastructure and im- basis as quickly as we would like. ance of my time. prove on those areas that are out there. The CHAIR. The time of the gen- Mr. EDWARDS of Texas. Madam We have a good number of hospitals tleman has expired. Chair, I yield 1 minute to the gen- out there that are lacking on infra- Mr. CRENSHAW. I yield myself 1 ad- tleman from Connecticut (Mr. MUR- structure, and I’m hoping that in the ditional minute. PHY), who has worked very hard on be- future we continue to do this. This bill Mr. EDWARDS, please continue. half of our veterans and troops. puts us on the right track to provide Mr. MURPHY of Connecticut. Mr. additional resources, and I want to b 1650 Chairman, thank you and the com- thank him, personally, also. Mr. EDWARDS of Texas. Because of mittee for bringing this bill before us. I know that it also has been able to that and our work together, we asked There’s $13 billion in this legislation put additional resources and creating the S&I staff to do this study to help us for construction. That’s more in the additional polytrauma centers. We understand the process the Depart- last 4 years combined than any 4-year have four in the Nation. Now we have a ment’s using in distributing money and period since the 1940s. And though that fifth in Texas, and so I want to thank to highlight areas where we can exert will mean transformational things for him personally, there in San Antonio,

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00060 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 28, 2010 CONGRESSIONAL RECORD — HOUSE H6225 for the polytrauma center that has had tleman from Rhode Island (Mr. KEN- the urgency we have with AIDS. Some- the resources to be able to begin to NEDY). And as he approaches the well, how we don’t have the urgency when it provide those needed items that our let me just thank him. This will be his comes to our veterans and the signa- veterans need. last year to be in the House, a member ture of this war wound, TBI and PTSD, I also want to just thank him for put- of this committee. And he has been an that we bring when it comes to some- ting the resources there and just adver- inspiration to veterans throughout thing like AIDS. We don’t set aside pa- tise the fact that, just in the last year America and to every member of our rochial concerns. We don’t set aside and a half, we have over 240,000 vet- subcommittee on both sides of the aisle partisan. We don’t set aside the value erans that are now taking advantage of in his championing the cause of mental of someone’s proprietary research con- the GI Bill. And this is a tremendous health care services and other services cerns. bill. We expect to have over half a mil- for veterans, care for our homeless vet- When are we going to make our spe- lion veterans participating in the GI erans. I thank the gentleman. It will be cial interest the veteran? There’s noth- bill. And that, in the future, will show a legacy that will live on for many dec- ing dirty about special interests so a tremendous amount of positiveness ades to come. long as we make it the right one. When when those individuals get their bach- Mr. KENNEDY. I thank the chairman are we going to agree that there is one elor’s, their master’s, and their doc- and my ranking member for all the special interest in this town that there torate degrees as they move forward. work they did to make this a fine vet- should be no disagreement about, and In addition to that bill, it also allows erans appropriations bill. that’s the veteran. When are we going their kids and their spouses to take ad- Ladies and gentlemen, if our soldiers to say with our actions, not just our vantage. were caught behind enemy lines, we words, that the veteran is the one who So congratulations on the great work would think nothing of mounting the counts? When are we going to say we’re that you have been doing, Chairman. full might of military power to go in going to release them from terror, the Mr. EDWARDS of Texas. Madam and retrieve those members of our terror and tyranny of their bondage, of Chair, I yield 2 minutes to the gen- military. In fact, every American their disability because they served us? tleman from New York (Mr. HALL), who would wrap yellow ribbons around Ladies and gentlemen, this study is a leading voice of America’s veterans their trees in solidarity in order that showed that if you reduce the swelling on the Veterans’ Affairs Authorizing we may set those prisoners of war free, in the brain you can reduce the longer- Committee. in order that we may bring back those term impact. Mr. HALL of New York. Madam hostages of the Taliban, or the terror- Chair, on behalf of the veterans of the The CHAIR. The time of the gen- ists, or whomever may have captured tleman has expired. Hudson Valley of New York and all them. those who have served our country in Mr. EDWARDS of Texas. I yield the But ladies and gentlemen, something gentleman an additional 15 seconds. uniform, I’m strongly supportive of the is going on in this country, something Mr. KENNEDY. The blood-brain bar- bill which we’re considering today. It’s very tragic. Our military, our Veterans rier reduces the ability for a bruise a solemn contract that we who do not Affairs, everybody talks a good game, that is absorbed by the regular body to serve in uniform—we have enjoyed the talks a very good game of patriotism benefits of their sacrifice and their per- be absorbed by the brain. This drug when it comes to saying we’re going to sonal risk and their families doing helped reduce the swelling. The DOD stand by our guardians of freedom, without them—need to uphold our part has an obligation to implement it. while those very guardians of freedom of the bargain, which is to take care of They are not. They should. And they aren’t free themselves. They may have them anytime after their return. And, ought to. come home in body, but they have not therefore, I think it’s really critical Mr. CRENSHAW. Madam Chair, I come home, many of them, in mind. that we pass this bill to fund not just yield myself the balance of my time. They are suffering from the signature military construction but veterans fa- wound of this war. What is that? Trau- Madam Chair, I think we have heard cilities. matic brain injury. What is that? Post- today what a well-balanced bill this is, We don’t know yet what the cost will traumatic stress disorder. My col- as we said at the beginning. And I be from the conflicts we’re currently leagues, these veterans in essence are think it demonstrates—it’s an example engaged in. Unfortunately, our country being held hostage. They’re being held of what happens when people come to- has a habit of deciding to go into a con- gether in an open process, in a fair flict without an educated, informed fig- hostage all over this great country. They are in essence prisoners of war. process, in a bipartisan process. I think ure being given out, or a guess even this bill demonstrates the work that that’s very accurate as to what the They are prisoners of this war, prisoners of traumatic brain injury and its we can do when we work together. So lifetime costs may be for care of the again, I am honored to be part of this veterans created by that conflict, but symptoms, its many symptoms: loss of memory, loss of cognitive ability, and process, to work with the chairman it’s essential that we protect those vet- and the ranking member. erans facilities that we have and im- the symptoms that ensue. Many of them self-medicate. Many of I urge everyone to support this bill. prove them as needed, construct new I yield back the balance of my time. ones as needed. them isolate. Why? Because these inju- Mr. EDWARDS of Texas. Madam And I am concerned, first of all, with ries are invisible, invisible to the Chair, I want to finish by thanking Mr. passing the underlying bill. But sec- naked eye, but not invisible to anybody CRENSHAW for, again, his leadership on ondly, I’m also concerned with some who loves them. These are real inju- this and working together importantly amendments that have been offered to ries. They are injuries that can turn on so many parts of this bill, and doing this bill, which I will speak to later their lives upside down. All of the com- when the amendments are being con- manders in DOD say they are doing so in a bipartisan manner. We thanked sidered, which move money from something about it. I’m not seeing it. a lot of people in this process. It’s been what’s considered to be, or what’s In fact, I was briefed a year ago on a work of good faith on both sides of called minor construction and, in par- some neuroscience research of an off- the aisle. ticular, from an urgent care center and label drug that’s used to treat bleeding I always want to save the best for the minor construction, and to other in the intestines, to reduce swelling. last in thanking our veterans service things which sound and are good in and They thought it might help reduce organizations for their partnership in of themselves. swelling of a concussion and the onset putting together this legislation. of swelling in the brain. Guess what? It I add two letters, one from the DAV, b 1700 proved to be effective, initial findings AMVETS, Paralyzed Veterans of Amer- Mr. CRENSHAW. Madam Chair, I showed. ica, and Veterans of Foreign Wars; an- continue to reserve my time. If this were the battle of AIDS, that other from the president of the Na- Mr. EDWARDS of Texas. Madam drug would have been in the field help- tional Guard Association of the United Chair, I yield 5 minutes to the gen- ing our soldiers. But no, we don’t have States, in support of this legislation.

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00061 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6226 CONGRESSIONAL RECORD — HOUSE July 28, 2010 THE INDEPENDENT BUDGET, ‘‘Today, chairman Edwards and ranking costs. These funds are used for everything July 27, 2010. member Wamp continued to lead the con- from repairs, to furnishings, management, utili- Hon. CHET EDWARDS, gressional effort to modernize our aging Na- ties, and even for mortgage insurance. To ad- Chairman, Subcommittee on Military Construc- tional Guard facilities,’’ said retired Maj. tion and Veterans Affairs, House Committee Gen. Gus L. Hargett Jr., NGAUS president. dress the growing housing backlog for unmar- on Appropriations, The Capitol, Wash- ‘‘We are grateful for their leadership, and the ried troops and trainees, the bill provides $190 ington, DC. actions of the subcommittee speak volumes million for Army trainee housing facilities. DEAR CHAIRMAN EDWARDS: On behalf of the about their support of citizen-soldiers and And finally, to ensure accountability, the co-authors of the Independent Budget, we airmen.’’ measure provides funding to the Defense De- would like to take this opportunity to thank Last year, the House appropriations sub- partment inspector general to audit these and you for your unwavering support for our na- committee on military construction and vet- other military construction projects. tion’s sick and disabled veterans, as well as erans affairs, took the unique step of adding I encourage my colleagues to join me in all of the men and women who have so hon- to its bill a block of funding to address crit- support of this bill. orably served this country. We appreciate ical unfunded military construction require- your efforts as Chairman of the House Ap- ments in the National Guard and Reserve. Ms. JACKSON LEE of Texas. Madam propriations Subcommittee on Military Con- The extra $30 million each for the Army Chair, I rise in strong support of the rule for struction and Veterans’ Affairs to achieve an and Air Guard funded an additional eight H.R. 5822, the Military Construction and Vet- excellent funding level for the Department of projects, which otherwise may have been lost erans Affairs and Related Agencies Appropria- Veterans Affairs (VA) once again this year. for years or even permanently. tions Act of 2011. I would like to thank my col- Through your leadership, the VA will receive NGAUS has been at the forefront of the league, Mr. EDWARDS, for introducing this im- another significant funding increase for FY push for additional funds for military con- portant bill honoring our continued commit- 2011. struction. Hargett sent a letter in early More importantly, the Military Construc- March to House and Senate authorizers and ment to support the brave men and women tion and Veterans Affairs appropriations bill appropriators requesting additional funds for who have been willing to sacrifice their very also includes approximately $50.6 billion in Guard facilities. lives in the service of our nation and the free- advance appropriations for the VA medical According to the House appropriations dom we so cherish. Our armed forces and care accounts—Medical Services, Medical committee press release, the markup pro- their family members are among the most val- Support and Compliance, and Medical Facili- vides ‘‘$200 million to continue the sub- ties—for FY 2012. By providing the VA with ued members of our society, custodians of our committee’s Guard and Reserve initiative freedom and protectors of our democracy. We an advance appropriation for FY 2012, the VA begun last year. This money will go to the will once again be able to better plan for hir- highest unfunded military construction pri- must continually re-commit ourselves to serving critical new staff and addressing demand orities of the commanders of the reserve ing them with the same honor, dignity and re- on the health care system. The additional components of the Army, Navy, Marine spect with which they serve their country. planning time will also allow the VA to bet- Corps, and Air Force.’’ This bill generously provides substantial ter work with Congress to ensure that its The appropriations mark mirrors the true resource needs are met well in advance funding, over 77 billion dollars, in the service House-passed version of the fiscal 2011 Na- of the start of the fiscal year. of our men and women in uniform, veterans, These actions reflect the priority that you tional Defense Authorization Act, which au- and their families for fiscal year 2011. It is a and the House leadership have placed on thorizes an additional discretionary $60 mil- continuation of three and a half years of hard needs of the men and women who have so lion for the Army National Guard and $50 million for the Air Guard for military con- work and tireless efforts on behalf of the honorably served this country. We offer our House Appropriations Subcommittee on Mili- strong support for the FY 2011 Military Con- struction. The president’s budget request for struction and Veterans’ Affairs appropria- Army Guard military construction for fiscal tary Construction, Veterans Affairs, and Re- tions bill and we hope that the House will 2011 was $873.6 million; the Air Guard request lated Agencies. This bill is a testament to their quickly pass this critical legislation. Final was $177 million. commitment to our soldiers, veterans and their passage of sufficient funding for the VA will NGAUS believes the Army Guard needs $1.5 loved ones. Moreover, the bill contains specific allow the VA to better address the needs of billion annually just to begin reducing a na- guidelines and provisions to ensure that all the men and women returning from Oper- tionwide backlog of more than $13 billion in Army Guard military construction projects. funds are spent responsibly, accountably and ation Enduring Freedom and Operation Iraqi in a way that serves our troops and American Freedom as well as all veterans who have The average armory is 43 years old. Many served in the past. can no longer accommodate modern units taxpayers. Sincerely, and equipment. Of the 77 billion dollars, 18.7 billion are for RAYMOND C. KELLEY, The Air Guard requires $300 million a year. Military Construction. The funds will provide National Legislative Mr. VAN HOLLEN. Madam Chair, I rise in adequate housing for our young military train- Director, AMVETS. support of the Military Construction Appropria- ees bravely serving their country; it will fund CARL BLAKE, tions Act of 2011. environmental cleanup of closed or moved National Legislative This measure provides $141.1 billion for bases as we strategically re-align resources; it Director, Paralyzed military construction of all kinds from military will provide for a National Guard and Reserve Veterans of America. JOSEPH A. VIOLANTE, family housing, to construction of operational initiative for the men and women serving their National Legislative facilities in the U.S. and abroad. This funding nation at home; and it grants funding for crit- Director, Disabled will be used to construct schools, hospitals ical construction for overseas contingencies American Veterans. and other facilities for veteran’s healthcare. operations in Iraq and Afghanistan. ERIC A. HILLEMAN, The Veterans Health Administration has es- The bill also dedicates over 56 billion dollars Director, National timated that it will treat over 6.1 million pa- to Veterans Affairs honoring those who, after Legislative Service, tients next year. This number includes more serving their country overseas, returned home Veterans of Foreign than 439,000 veterans of Iraq and Afghani- to re-integrate into the society they fought val- Wars. stan. This measure provides $48.8 billion for iantly to protect. The majority of the funding, [From the National Guard Association of the health programs within the Veterans Health over 37 billion, will go to providing much need- United States, Inc., July 14, 2010] Administration. Additionally, the bill provides ed and well deserved medical services for all NGAUS HAILS HOUSE EFFORTS TO MODERNIZE $53 billion for service-connected compensa- veterans, including mental health services and NATIONAL GUARD FACILITIES tion, pensions and benefits for the estimated 4 assistance to homeless veterans. The remain- WASHINGTON.—The association that rep- million veterans and their families. ing funding will be used for major and minor resents the leadership of nearly 465,000 Na- This measure provides $2.4 billion to further construction projects, medical and prosthetic tional Guard men and women today ap- implement base closures and realignments research, and medical facilities in the service plauded efforts in the U.S. House of Rep- outlined in the 2005 BRAC, including support of our honored veterans. resentatives to modernize Guard facilities across the country. for the re-stationing of troops and their families Finally, in Related Agencies, the bill is pro- This morning, the House appropriations from overseas to the United States. The bill viding for a number of other critical needs, subcommittee on military construction and provides $1.3 billion to support our troops in such as the National Cemetery, funding for an veterans’ affairs (VA), led by chairman Chet Afghanistan and $259 million for U.S. con- Armed Forces Retirement Home, and the Edwards, D–Texas, and ranking member struction funding obligations as part of the Monuments Commission which manages and Zach Wamp, R–Tenn., approved $200 million North Atlantic Treaty Organization Security In- cares for the monuments and cemeteries above the president’s budget request for Guard and Reserve military construction. vestment Program in that country. around the world that honor the service of our The move came as the House appropria- For military families living on base, the armed forces. tions committee marks up the fiscal 2011 measure appropriates $1.8 billion for housing Additionally, in respect for the fact that the military construction/VA budget. as well as for operation and maintenance American public has rightly demanded greater

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00062 Fmt 4634 Sfmt 9920 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 28, 2010 CONGRESSIONAL RECORD — HOUSE H6227 efficiency in government and efforts to reduce billion to help our homeless veterans move crease of $3.9 billion over the level of funding our deficit spending, there are a number of im- from the streets to secure homes. we provided last year. These funds will ad- portant provisions to ensure that all funds are Madam Chair, as a veteran of World War II, dress some of the major problems our Nation spent in the most effective, efficient and expe- I am proud to support this legislation which has in addressing the needs of our veterans, dient way possible. The provisions include continues the Democratic Congress’ strong including those with mental illness, traumatic several controls for Veterans Affairs spending commitment to our veterans and their families. brain injuries, the homeless, and the disabled and contract oversight, as well as oversight I urge my colleagues to join me in voting for who are forced to wait countless months and provisions for all construction projects in Iraq H.R. 5822. even years to resolve their disability claims. and Afghanistan, among others. Ms. BORDALLO. Madam Chair, I rise today The largest portion of this funding, $48.8 bil- Although I am disappointed that my amend- to express my concern with the reduction in lion, is for veterans medical care. It will enable ment, establishing portability between states military construction funding to Guam for the the VA doctors and staff to treat an estimated for individualized education, disability and realignment of U.S. Marines from Okinawa, 6.1 million patients, including thousands of therapeutic benefits of a dependent of a mem- Japan to Guam. I appreciate the Committee’s Iraq and Afghanistan veterans. We also con- ber of the armed forces upon transfer of the recognition of the strategic importance of this tinue our emphasis on mental health and med- member, was not included in the final version, realignment as well as their general support ical services for our returning heroes who are I still gladly and proudly support this bill. for these efforts. However, I remain concerned suffering from Post Traumatic Stress Disorder However, I would like to reiterate that an im- that these cuts send the wrong message at and Traumatic Brain Injuries. portant part of anyone’s quality of life is their the wrong time. It is unfortunate that my coun- We also increase by 20 percent to $4.2 bil- family and dependents. One of the ways in terparts in the Subcommittee on Military Con- lion our commitment to providing housing and which we can serve the members of the struction and Veterans Affairs did not follow medical services to our homeless veterans. armed forces who sacrifice so much for our the funding levels for Guam military construc- We must do better in providing transitional safety and our liberty is to ensure that their tion that were agreed to in H.R. 5136, the Na- housing and serves to these American heroes families are taken care of, and eliminate the tional Defense Authorization Act for Fiscal who now find themselves with nowhere to live bureaucratic red tape involved in moving from Year 2011. Given the recent reluctance by the and nowhere to work. one place to another. Members of the armed Government of Japan to reaffirm the Guam We also provide a 25 percent increase in forces often find themselves moving, and up- International Agreement, I believe it is impor- funding, to $2.6 billion, to hire 4,000 additional rooting their families and their lives. Hopefully tant to collectively move forward with a unified claims processors to reduce the unacceptable such a provision, aimed at facilitating that position. backlog in claims for veterans benefits. With process by making the educational, disability However, these cuts do make one point this increase in staffing levels, our Committee and therapeutic benefits of a child or depend- clear to my constituents. Congress holds the will have added more than 10,200 new claims ent of a member of the armed forces transfer- power of the purse. There are concerns on processors over the past four years. able from one state to another, will be in- Guam and with certain federal agencies that Our committee’s support has also been vital cluded in future legislation. the pace of construction during the military to my efforts to continue to support the work In closing, I reiterate my strong support for build-up could place an undue burden on our of the medical professionals at the Bay Pines this bill, and express my most sincere and civilian infrastructure. However, I have made it VA Healthcare System, which I have the privi- heartfelt appreciation to everyone fighting to clear that if construction was outpacing the lege to represent. defend our country for their service and sac- local community’s ability to handle the addi- We have opened at Bay Pines one of our rifice for the good of the nation. tional people we could put our foot on the Nation’s most active VA Inspector General op- Mr. DINGELL. Madam Chair, I rise in sup- brakes. Given the concerns raised by our local erations, to ferret out waste, fraud and abuse port of H.R. 5822, the Military Construction government this reduction in funding highlights in veterans programs and to ensure that every and Veterans Affairs (Mil Con-VA) and Re- how Congress can ensure that we get this dollar we appropriate to care for our veterans lated Agencies Appropriations Act for fiscal build-up done right. is spent as intended. year 2011. Finally, I would like to rise in support of We have also been able to speed up work I commend my friend and colleague, Chair- amendment #8 introduced by my colleague on the construction of a brand new facility to man of the House Appropriations Sub- from Georgia, Congressman PHIL GINGREY. treat veterans with mental illness and Post committee on Military Construction and Vet- His amendment would restrict funds author- Traumatic Syndrome Disorder. We also have erans Affairs, Congressman CHET EDWARDS ized by this bill to be used for the purposes of broken ground thin year on a new Ambulatory (D–TX) for writing a bill that provides tremen- eminent domain without providing payment of Surgery Center and Eye Treatment facility at dous support to our veterans and families. just compensation. This amendment highlights Bay Pines, work is well underway on a new One of the greatest accomplishments since our concern that eminent domain is not a pre- facility to provide radiation treatment for can- the Democrats regained control of Congress ferred method through which the Federal Gov- cer patients, and we have opened two new VA has been providing our veterans with a budget ernment should obtain private or other govern- medical clinics in northern and southern worthy of their service and sacrifice. The Mil ment lands. I support this amendment be- Pinellas County to better serve veterans and Con-VA Appropriations Act for FY 2011 is no cause there is concern that the Department of their medical needs closer to their homes. exception. the Navy would use the powers of eminent do- Finally, Madam Chair, I want to thank the Since the Democrats took back Congress in main to obtain private and Government of members of the subcommittee for accepting 2007, we have provided a 70 percent increase Guam land to build a new training range. This my amendment to this legislation to ensure in funding for veterans health care and bene- amendment would demonstrate that I am op- that we fix the problems associated with the fits. Some of the highlights of this increase in- posed to any such action on Guam in the fu- national embarrassment that we find at Arling- clude the addition to the VA of more than ture. ton National Cemetery. The committee has in- 10,000 claims processors to reduce claims Mr. YOUNG of Florida. Madam Chair, I rise cluded $150 million in the bill to address the backlogs, 3,389 doctors and 14,316 nurses, in support of H.R. 5822, the Fiscal Year 2011 many problems, those which we already know 145 community-based outpatient clinics, 92 Military Construction, Veterans Affairs, and about and those which we have yet to find out new vet centers, and more than 47,000 addi- Related Agencies Appropriations Act. It is with about, at Arlington. My amendment would re- tional Veterans Health Administration employ- great pride that I serve on this subcommittee quire that the Army develop a clear timetable ees. and I want to commend my colleague from and specify their plan to resolve all identified In addition, the FY 2011 Mil Con-VA Appro- Texas, Mr. EDWARDS, the Chairman of the issues before they can spend these funds. We priations Act also fulfills a top priority of na- Subcommittee, and our ranking member, my owe no less to our America’s fallen heroes for tional veterans service organizations by con- colleague from Tennessee, Mr. WAMP, for their whom Arlington is their final resting place and tinuing to provide advance appropriations of work in putting together this legislation. to their families who share our shock and out- the VA. This way, the VA will be better able The men and women of our armed forces rage at the situation that we find at one of our to plan for its future needs. and our veterans deserve the very best sup- Nation’s most sacred places. Other important provisions in this legislation port and care that we can offer them and this Madam Chair, this is a good bill, one that include $37.1 billion to improve access to bill achieves that. This legislation fulfills our addresses the current and future needs of our medical services for all veterans; $5.2 billion commitment to their future and to their well Nation’s veterans. It is also a bill that empha- for mental health services for our veterans suf- being. sizes what our committee and this House can fering from post-traumatic stress disorder, de- We include in this appropriations bill $57.0 do when we work together in a bipartisan way pression, and traumatic brain injury; and $4.2 billion in funding for veterans programs, an in- to solve our problems.

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00063 Fmt 4634 Sfmt 9920 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6228 CONGRESSIONAL RECORD — HOUSE July 28, 2010 Mr. BLUMENAUER. Madam Chair, this bill not later than 30 days after the date of the title 10, United States Code, and Military contains many worthy items, including a sub- enactment of this Act, the Secretary of the Construction Authorization Acts, stantial investment in our Veterans Affairs pro- Army shall submit to the Committees on Ap- $1,020,228,000, to remain available until Sep- propriations of both Houses of Congress an tember 30, 2015, of which $60,000,000 shall be grams. A strong safety net for our veterans is expenditure plan for the funds provided for for critical unfunded requirements: Provided, more important than ever, particularly in Or- trainee troop housing facilities. That of the amount appropriated, not to ex- egon, where returning Guard and Reserve MILITARY CONSTRUCTION, NAVY AND MARINE ceed $57,182,000 shall be available for study, members face high unemployment and a dif- CORPS planning, design, and architect and engineer services, as authorized by law, unless the Di- ficult transition back to civilian life. For acquisition, construction, installation, I also want to highlight what my colleague rector of the Army National Guard deter- and equipment of temporary or permanent mines that additional obligations are nec- Representative CHELLIE PINGREE of Maine public works, naval installations, facilities, stated earlier in this debate: the cleanup of essary for such purposes and notifies the and real property for the Navy and Marine Committees on Appropriations of both closed military bases is critical to health and Corps as currently authorized by law, includ- Houses of Congress of the determination and growth of our communities. Across America, ing personnel in the Naval Facilities Engi- the reasons therefor: Provided further, That, these closed bases contain discarded muni- neering Command and other personal serv- not later than 30 days after the date of the tions, toxins, and shell fragments leftover from ices necessary for the purposes of this appro- enactment of this Act, the Director of the years of military training. Funding the return of priation, $3,587,376,000, to remain available Army National Guard shall submit to the until September 30, 2015: Provided, That of Committees on Appropriations of both these properties to safe and productive use is this amount, not to exceed $123,750,000 shall vital. Funds go directly to the development of Houses of Congress an expenditure plan for be available for study, planning, design, and the funds provided for critical unfunded re- detection and removal technology, the creation architect and engineer services, as author- quirements. of skilled technician jobs, and generate eco- ized by law, unless the Secretary of the Navy MILITARY CONSTRUCTION, AIR NATIONAL determines that additional obligations are nomic growth as cleaned lands become com- GUARD necessary for such purposes and notifies the mercial, residential, or recreational spaces. For construction, acquisition, expansion, Committees on Appropriations of both For the past decade I have worked with a rehabilitation, and conversion of facilities Houses of Congress of the determination and bipartisan group of members to raise aware- for the training and administration of the the reasons therefor. ness of this issue. I am pleased that with the Air National Guard, and contributions there- leadership of my friend Representative SAM MILITARY CONSTRUCTION, AIR FORCE for, as authorized by chapter 1803 of title 10, FARR, the House has designated $100 million For acquisition, construction, installation, United States Code, and Military Construc- over the President’s budget request for the and equipment of temporary or permanent tion Authorization Acts, $292,386,000, to remain available until September 30, 2015, of legacy BRAC account. This $460 million is public works, military installations, facilities, and real property for the Air Force as which $50,000,000 shall be for critical un- critically needed to address the large backlog currently authorized by law, $1,276,385,000, to funded requirements: Provided, That of the of environmental hazards still present at bases remain available until September 30, 2015: amount appropriated, not to exceed closed during the earliest Base Realignment Provided, That of this amount, not to exceed $21,214,000 shall be available for study, plan- and Closure rounds. I hope in future years we $73,536,000 shall be available for study, planning, design, and architect and engineer can build on this commitment to our nation’s ning, design, and architect and engineer services, as authorized by law, unless the Di- safety and prosperity. services, as authorized by law, unless the rector of the Air National Guard determines MR. EDWARDS of Texas. I yield Secretary of the Air Force determines that that additional obligations are necessary for additional obligations are necessary for such such purposes and notifies the Committees back the balance of my time. on Appropriations of both Houses of Con- The CHAIR. All time for general de- purposes and notifies the Committees on Ap- propriations of both Houses of Congress of gress of the determination and the reasons bate has expired. the determination and the reasons therefor. therefor: Provided further, That, not later Pursuant to the rule, the bill shall be than 30 days after the date of the enactment MILITARY CONSTRUCTION, DEFENSE-WIDE considered read for amendment under of this Act, the Director of the Air National the 5-minute rule, and the bill shall be (INCLUDING TRANSFER OF FUNDS) Guard shall submit to the Committees on considered read through page 63, line 4. For acquisition, construction, installation, Appropriations of both Houses of Congress The text of that portion of the bill is and equipment of temporary or permanent an expenditure plan for the funds provided as follows: public works, installations, facilities, and for critical unfunded requirements. real property for activities and agencies of MILITARY CONSTRUCTION, ARMY RESERVE H.R. 5822 the Department of Defense (other than the For construction, acquisition, expansion, Be it enacted by the Senate and House of Rep- military departments), as currently author- rehabilitation, and conversion of facilities resentatives of the United States of America in ized by law, $2,999,612,000, to remain avail- for the training and administration of the Congress assembled, That the following sums able until September 30, 2015: Provided, That Army Reserve as authorized by chapter 1803 are appropriated, out of any money in the such amounts of this appropriation as may of title 10, United States Code, and Military Treasury not otherwise appropriated, for be determined by the Secretary of Defense Construction Authorization Acts, military construction, the Department of may be transferred to such appropriations of $358,325,000, to remain available until Sep- Veterans Affairs, and related agencies for the Department of Defense available for tember 30, 2015, of which $30,000,000 shall be the fiscal year ending September 30, 2011, and military construction or family housing as for critical unfunded requirements: Provided, for other purposes, namely: the Secretary may designate, to be merged That of the amount appropriated, not to ex- TITLE I with and to be available for the same pur- ceed $26,250,000 shall be available for study, DEPARTMENT OF DEFENSE poses, and for the same time period, as the planning, design, and architect and engineer MILITARY CONSTRUCTION, ARMY appropriation or fund to which transferred: services, as authorized by law, unless the Provided further, That of the amount appro- For acquisition, construction, installation, Secretary of the Army determines that addi- priated, not to exceed $434,217,000 shall be and equipment of temporary or permanent tional obligations are necessary for such pur- available for study, planning, design, and ar- public works, military installations, facili- poses and notifies the Committees on Appro- chitect and engineer services, as authorized ties, and real property for the Army as cur- priations of both Houses of Congress of the by law, unless the Secretary of Defense de- rently authorized by law, including per- determination and the reasons therefor: Pro- termines that additional obligations are nec- sonnel in the Army Corps of Engineers and vided further, That, not later than 30 days essary for such purposes and notifies the other personal services necessary for the after the date of the enactment of this Act, Committees on Appropriations of both purposes of this appropriation, and for con- the Chief of Army Reserve shall submit to Houses of Congress of the determination and struction and operation of facilities in sup- the Committees on Appropriations of both the reasons therefor: Provided further, That port of the functions of the Commander in Houses of Congress an expenditure plan for of the amount appropriated, notwithstanding Chief, $4,051,512,000, to remain available until the funds provided for critical unfunded re- any other provision of law, $31,863,000 shall September 30, 2015, of which $190,000,000 shall quirements. be available for payments to the North At- be for trainee troop housing facilities: Pro- MILITARY CONSTRUCTION, NAVY RESERVE lantic Treaty Organization for the planning, vided, That of this amount, not to exceed For construction, acquisition, expansion, design, and construction of a new North At- $259,456,000 shall be available for study, plan- rehabilitation, and conversion of facilities lantic Treaty Organization headquarters. ning, design, architect and engineer services, for the training and administration of the re- and host nation support, as authorized by MILITARY CONSTRUCTION, ARMY NATIONAL serve components of the Navy and Marine law, unless the Secretary of the Army deter- GUARD Corps as authorized by chapter 1803 of title mines that additional obligations are nec- For construction, acquisition, expansion, 10, United States Code, and Military Con- essary for such purposes and notifies the rehabilitation, and conversion of facilities struction Authorization Acts, $91,557,000, to Committees on Appropriations of both for the training and administration of the remain available until September 30, 2015, of Houses of Congress of the determination and Army National Guard, and contributions which $15,000,000 shall be for critical un- the reasons therefor: Provided further, That, therefor, as authorized by chapter 1803 of funded requirements of the Navy Reserve

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00064 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 28, 2010 CONGRESSIONAL RECORD — HOUSE H6229 and $15,000,000 shall be for critical unfunded maintenance, including debt payment, leas- apply to projects costing less than $5,000,000, requirements of the Marine Forces Reserve: ing, minor construction, principal and inter- except for those projects not previously iden- Provided, That of the amount appropriated, est charges, and insurance premiums, as au- tified in any budget submission for this ac- not to exceed $1,857,000 shall be available for thorized by law, $366,346,000. count and exceeding the minor construction study, planning, design, and architect and FAMILY HOUSING CONSTRUCTION, AIR FORCE threshold under section 2805 of title 10, engineer services, as authorized by law, un- For expenses of family housing for the Air United States Code. less the Secretary of the Navy determines Force for construction, including acquisi- ADMINISTRATIVE PROVISIONS that additional obligations are necessary for tion, replacement, addition, expansion, ex- SEC. 101. None of the funds made available such purposes and notifies the Committees tension, and alteration, as authorized by in this title shall be expended for payments on Appropriations of both Houses of Con- law, $78,025,000, to remain available until gress of the determination and the reasons under a cost-plus-a-fixed-fee contract for September 30, 2015. therefor: Provided further, That, not later construction, where cost estimates exceed than 30 days after the date of the enactment FAMILY HOUSING OPERATION AND $25,000, to be performed within the United of this Act, the Chief of Navy Reserve and MAINTENANCE, AIR FORCE States, except Alaska, without the specific the Commander, Marine Forces Reserve shall For expenses of family housing for the Air approval in writing of the Secretary of De- submit to the Committees on Appropriations Force for operation and maintenance, in- fense setting forth the reasons therefor. of both Houses of Congress an expenditure cluding debt payment, leasing, minor con- SEC. 102. Funds made available in this title plan for the funds provided for critical un- struction, principal and interest charges, and for construction shall be available for hire of funded requirements. insurance premiums, as authorized by law, passenger motor vehicles. SEC. 103. Funds made available in this title MILITARY CONSTRUCTION, AIR FORCE RESERVE $513,792,000. for construction may be used for advances to For construction, acquisition, expansion, FAMILY HOUSING OPERATION AND the Federal Highway Administration, De- rehabilitation, and conversion of facilities MAINTENANCE, DEFENSE-WIDE partment of Transportation, for the con- for the training and administration of the For expenses of family housing for the ac- struction of access roads as authorized by Air Force Reserve as authorized by chapter tivities and agencies of the Department of section 210 of title 23, United States Code, 1803 of title 10, United States Code, and Mili- Defense (other than the military depart- when projects authorized therein are cer- tary Construction Authorization Acts, ments) for operation and maintenance, leas- tified as important to the national defense $48,182,000, to remain available until Sep- ing, and minor construction, as authorized by the Secretary of Defense. tember 30, 2015, of which $30,000,000 shall be by law, $50,464,000. SEC. 104. None of the funds made available for critical unfunded requirements: Provided, DEPARTMENT OF DEFENSE FAMILY HOUSING in this title may be used to begin construc- That of the amount appropriated, not to ex- IMPROVEMENT FUND tion of new bases in the United States for ceed $2,503,000 shall be available for study, For the Department of Defense Family which specific appropriations have not been planning, design, and architect and engineer made. services, as authorized by law, unless the Housing Improvement Fund, $1,096,000, to remain available until expended, for family SEC. 105. None of the funds made available Secretary of the Air Force determines that in this title shall be used for purchase of additional obligations are necessary for such housing initiatives undertaken pursuant to land or land easements in excess of 100 per- purposes and notifies the Committees on Ap- section 2883 of title 10, United States Code, cent of the value as determined by the Army propriations of both Houses of Congress of providing alternative means of acquiring and Corps of Engineers or the Naval Facilities the determination and the reasons therefor: improving military family housing and sup- Engineering Command, except: (1) where Provided further, That, not later than 30 days porting facilities. there is a determination of value by a Fed- after the date of the enactment of this Act, HOMEOWNERS ASSISTANCE FUND eral court; (2) purchases negotiated by the the Chief of Air Force Reserve shall submit For the Homeowners Assistance Fund es- Attorney General or the designee of the At- to the Committees on Appropriations of both tablished by section 1013 of the Demonstra- torney General; (3) where the estimated Houses of Congress an expenditure plan for tion Cities and Metropolitan Development value is less than $25,000; or (4) as otherwise the funds provided for critical unfunded re- Act of 1966, as amended (42 U.S.C. 3374), quirements. determined by the Secretary of Defense to be $16,515,000, to remain available until ex- in the public interest. NORTH ATLANTIC TREATY ORGANIZATION pended. SEC. 106. None of the funds made available SECURITY INVESTMENT PROGRAM CHEMICAL DEMILITARIZATION CONSTRUCTION, in this title shall be used to: (1) acquire land; For the United States share of the cost of DEFENSE-WIDE (2) provide for site preparation; or (3) install the North Atlantic Treaty Organization Se- For expenses of construction, not other- utilities for any family housing, except hous- curity Investment Program for the acquisi- wise provided for, necessary for the destruc- ing for which funds have been made available tion and construction of military facilities tion of the United States stockpile of lethal in annual Acts making appropriations for and installations (including international chemical agents and munitions in accord- military construction. military headquarters) and for related ex- ance with section 1412 of the Department of SEC. 107. None of the funds made available penses for the collective defense of the North Defense Authorization Act, 1986 (50 U.S.C. in this title for minor construction may be Atlantic Treaty Area as authorized by sec- 1521), and for the destruction of other chem- used to transfer or relocate any activity tion 2806 of title 10, United States Code, and ical warfare materials that are not in the from one base or installation to another, Military Construction Authorization Acts, chemical weapon stockpile, as currently au- without prior notification to the Committees $258,884,000, to remain available until ex- thorized by law, $124,971,000, to remain avail- on Appropriations of both Houses of Con- pended. able until September 30, 2015, which shall be gress. FAMILY HOUSING CONSTRUCTION, ARMY only for the Assembled Chemical Weapons SEC. 108. None of the funds made available For expenses of family housing for the Alternatives program. in this title may be used for the procurement Army for construction, including acquisi- DEPARTMENT OF DEFENSE BASE CLOSURE of steel for any construction project or activ- tion, replacement, addition, expansion, ex- ACCOUNT 1990 ity for which American steel producers, fab- tension, and alteration, as authorized by ricators, and manufacturers have been de- For deposit into the Department of De- law, $92,369,000, to remain available until nied the opportunity to compete for such fense Base Closure Account 1990, established September 30, 2015. steel procurement. by section 2906(a)(1) of the Defense Base Clo- SEC. 109. None of the funds available to the FAMILY HOUSING OPERATION AND sure and Realignment Act of 1990 (10 U.S.C. Department of Defense for military con- MAINTENANCE, ARMY 2687 note), $460,474,000, to remain available struction or family housing during the cur- For expenses of family housing for the until expended. Army for operation and maintenance, includ- rent fiscal year may be used to pay real DEPARTMENT OF DEFENSE BASE CLOSURE ing debt payment, leasing, minor construc- property taxes in any foreign nation. ACCOUNT 2005 tion, principal and interest charges, and in- SEC. 110. None of the funds made available surance premiums, as authorized by law, For deposit into the Department of De- in this title may be used to initiate a new in- $518,140,000. fense Base Closure Account 2005, established stallation overseas without prior notifica- by section 2906A(a)(1) of the Defense Base tion to the Committees on Appropriations of FAMILY HOUSING CONSTRUCTION, NAVY AND Closure and Realignment Act of 1990 (10 both Houses of Congress. MARINE CORPS U.S.C. 2687 note), $2,354,285,000, to remain SEC. 111. None of the funds made available For expenses of family housing for the available until expended: Provided, That the in this title may be obligated for architect Navy and Marine Corps for construction, in- Department of Defense shall notify the Com- and engineer contracts estimated by the cluding acquisition, replacement, addition, mittees on Appropriations of both Houses of Government to exceed $500,000 for projects to expansion, extension, and alteration, as au- Congress 14 days prior to obligating an be accomplished in Japan, in any North At- thorized by law, $186,444,000, to remain avail- amount for a construction project that ex- lantic Treaty Organization member country, able until September 30, 2015. ceeds or reduces the amount identified for or in countries within the United States Cen- FAMILY HOUSING OPERATION AND that project in the most recently submitted tral Command Area of Responsibility, unless MAINTENANCE, NAVY AND MARINE CORPS budget request for this account by 20 percent such contracts are awarded to United States For expenses of family housing for the or $2,000,000, whichever is less: Provided fur- firms or United States firms in joint venture Navy and Marine Corps for operation and ther, That the previous proviso shall not with host nation firms.

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SEC. 112. None of the funds made available partment of Defense Family Housing Im- sonably anticipated at the time of the budg- in this title for military construction in the provement Fund from amounts appropriated et submission: Provided further, That the United States territories and possessions in for construction in ‘‘Family Housing’’ ac- Under Secretary of Defense (Comptroller) is the Pacific and on Kwajalein Atoll, or in counts, to be merged with and to be avail- to report annually to the Committees on Ap- countries within the United States Central able for the same purposes and for the same propriations of both Houses of Congress all Command Area of Responsibility, may be period of time as amounts appropriated di- operation and maintenance expenditures for used to award any contract estimated by the rectly to the Fund; or (2) the Department of each individual general or flag officer quar- Government to exceed $1,000,000 to a foreign Defense Military Unaccompanied Housing ters for the prior fiscal year. contractor: Provided, That this section shall Improvement Fund from amounts appro- SEC. 123. Amounts contained in the Ford not be applicable to contract awards for priated for construction of military unac- Island Improvement Account established by which the lowest responsive and responsible companied housing in ‘‘Military Construc- subsection (h) of section 2814 of title 10, bid of a United States contractor exceeds the tion’’ accounts, to be merged with and to be United States Code, are appropriated and lowest responsive and responsible bid of a available for the same purposes and for the shall be available until expended for the pur- foreign contractor by greater than 20 per- same period of time as amounts appropriated poses specified in subsection (i)(1) of such cent: Provided further, That this section shall directly to the Fund: Provided, That appro- section or until transferred pursuant to sub- not apply to contract awards for military priations made available to the Funds shall section (i)(3) of such section. construction on Kwajalein Atoll for which be available to cover the costs, as defined in SEC. 124. None of the funds made available the lowest responsive and responsible bid is section 502(5) of the Congressional Budget in this title, or in any Act making appropria- submitted by a Marshallese contractor. Act of 1974, of direct loans or loan guaran- tions for military construction which remain SEC. 113. The Secretary of Defense is to in- tees issued by the Department of Defense available for obligation, may be obligated or form the appropriate committees of both pursuant to the provisions of subchapter IV expended to carry out a military construction, land acquisition, or family housing Houses of Congress, including the Commit- of chapter 169 of title 10, United States Code, project at or for a military installation ap- tees on Appropriations, of the plans and pertaining to alternative means of acquiring proved for closure, or at a military installa- scope of any proposed military exercise in- and improving military family housing, mili- tion for the purposes of supporting a func- volving United States personnel 30 days prior tary unaccompanied housing, and supporting tion that has been approved for realignment to its occurring, if amounts expended for facilities. to another installation, in 2005 under the De- construction, either temporary or perma- SEC. 120. (a) Not later than 60 days before fense Base Closure and Realignment Act of nent, are anticipated to exceed $100,000. issuing any solicitation for a contract with 1990 (part A of title XXIX of Public Law 101– SEC. 114. Not more than 20 percent of the the private sector for military family hous- 510; 10 U.S.C. 2687 note), unless such a project funds made available in this title which are ing the Secretary of the military department at a military installation approved for re- limited for obligation during the current fis- concerned shall submit to the Committees alignment will support a continuing mission cal year shall be obligated during the last on Appropriations of both Houses of Con- or function at that installation or a new mis- two months of the fiscal year. gress the notice described in subsection (b). sion or function that is planned for that in- SEC. 115. Funds appropriated to the Depart- (b)(1) A notice referred to in subsection (a) stallation, or unless the Secretary of Defense ment of Defense for construction in prior is a notice of any guarantee (including the certifies that the cost to the United States years shall be available for construction au- making of mortgage or rental payments) of carrying out such project would be less thorized for each such military department proposed to be made by the Secretary to the than the cost to the United States of cancel- by the authorizations enacted into law dur- private party under the contract involved in ling such project, or if the project is at an ing the current session of Congress. the event of— SEC. 116. For military construction or fam- active component base that shall be estab- (A) the closure or realignment of the in- lished as an enclave or in the case of projects ily housing projects that are being com- stallation for which housing is provided pleted with funds otherwise expired or lapsed having multi-agency use, that another Gov- under the contract; ernment agency has indicated it will assume for obligation, expired or lapsed funds may (B) a reduction in force of units stationed be used to pay the cost of associated super- ownership of the completed project. The Sec- at such installation; or retary of Defense may not transfer funds vision, inspection, overhead, engineering and (C) the extended deployment overseas of design on those projects and on subsequent made available as a result of this limitation units stationed at such installation. from any military construction project, land claims, if any. (2) Each notice under this subsection shall SEC. 117. Notwithstanding any other provi- acquisition, or family housing project to an- specify the nature of the guarantee involved other account or use such funds for another sion of law, any funds made available to a and assess the extent and likelihood, if any, military department or defense agency for purpose or project without the prior ap- of the liability of the Federal Government proval of the Committees on Appropriations the construction of military projects may be with respect to the guarantee. obligated for a military construction project of both Houses of Congress. This section (INCLUDING TRANSFER OF FUNDS) or contract, or for any portion of such a shall not apply to military construction project or contract, at any time before the SEC. 121. In addition to any other transfer projects, land acquisition, or family housing end of the fourth fiscal year after the fiscal authority available to the Department of De- projects for which the project is vital to the year for which funds for such project were fense, amounts may be transferred from the national security or the protection of health, made available, if the funds obligated for accounts established by sections 2906(a)(1) safety, or environmental quality: Provided, such project: (1) are obligated from funds and 2906A(a)(1) of the Defense Base Closure That the Secretary of Defense shall notify available for military construction projects; and Realignment Act of 1990 (10 U.S.C. 2687 the congressional defense committees within and (2) do not exceed the amount appro- note), to the fund established by section seven days of a decision to carry out such a priated for such project, plus any amount by 1013(d) of the Demonstration Cities and Met- military construction project. which the cost of such project is increased ropolitan Development Act of 1966 (42 U.S.C. (INCLUDING TRANSFER OF FUNDS) pursuant to law. 3374) to pay for expenses associated with the SEC. 125. During the 5-year period after ap- Homeowners Assistance Program incurred (INCLUDING TRANSFER OF FUNDS) propriations available in this Act to the De- under 42 U.S.C. 3374(a)(1)(A). Any amounts partment of Defense for military construc- SEC. 118. In addition to any other transfer transferred shall be merged with and be tion and family housing operation and main- authority available to the Department of De- available for the same purposes and for the tenance and construction have expired for fense, proceeds deposited to the Department same time period as the fund to which trans- obligation, upon a determination that such of Defense Base Closure Account established ferred. appropriations will not be necessary for the by section 207(a)(1) of the Defense Authoriza- SEC. 122. Notwithstanding any other provi- liquidation of obligations or for making au- tion Amendments and Base Closure and Re- sion of law, funds made available in this title thorized adjustments to such appropriations alignment Act (10 U.S.C. 2687 note) pursuant for operation and maintenance of family for obligations incurred during the period of to section 207(a)(2)(C) of such Act, may be housing shall be the exclusive source of availability of such appropriations, unobli- transferred to the account established by funds for repair and maintenance of all fam- gated balances of such appropriations may section 2906(a)(1) of the Defense Base Closure ily housing units, including general or flag be transferred into the appropriation ‘‘For- and Realignment Act of 1990 (10 U.S.C. 2687 officer quarters: Provided, That not more eign Currency Fluctuations, Construction, note), to be merged with, and to be available than $35,000 per unit may be spent annually Defense’’, to be merged with and to be avail- for the same purposes and the same time pe- for the maintenance and repair of any gen- able for the same time period and for the riod as that account. eral or flag officer quarters without 30 days same purposes as the appropriation to which (INCLUDING TRANSFER OF FUNDS) prior notification, or 14 days for a notifica- transferred. SEC. 119. Subject to 30 days prior notification provided in an electronic medium pursu- SEC. 126. None of the funds appropriated or tion, or 14 days for a notification provided in ant to sections 480 and 2883 of title 10, United otherwise made available in this title may an electronic medium pursuant to sections States Code, to the Committees on Appro- be used for any action that is related to or 480 and 2883, of title 10, United States Code, priations of both Houses of Congress, except promotes the expansion of the boundaries or to the Committees on Appropriations of both that an after-the-fact notification shall be size of the Pinon Canyon Maneuver Site, Col- Houses of Congress, such additional amounts submitted if the limitation is exceeded sole- orado. as may be determined by the Secretary of ly due to costs associated with environ- SEC. 127. Amounts appropriated or other- Defense may be transferred to: (1) the De- mental remediation that could not be rea- wise made available in an account funded

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00066 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 28, 2010 CONGRESSIONAL RECORD — HOUSE H6231 under the headings in this title may be further, That during fiscal year 2011, within policy activities; and administrative and transferred among projects and activities the resources available, not to exceed legal expenses of the Department for col- within the account in accordance with the $500,000 in gross obligations for direct loans lecting and recovering amounts owed the De- reprogramming guidelines for military con- are authorized for specially adapted housing partment as authorized under chapter 17 of struction and family housing construction loans. title 38, United States Code, and the Federal contained in the report of the Committee on In addition, for administrative expenses to Medical Care Recovery Act (42 U.S.C. 2651 et Appropriations of the House of Representa- carry out the direct and guaranteed loan seq.); $5,535,000,000, plus reimbursements, tives to accompany this bill and in the guid- programs, $163,646,000. shall become available on October 1, 2011, ance for military construction VOCATIONAL REHABILITATION LOANS PROGRAM and shall remain available until September reprogrammings and notifications contained ACCOUNT 30, 2012: Provided, That, of the amount made in Department of Defense Financial Manage- For the cost of direct loans, $48,000, as au- available under this heading, $145,000,000 ment Regulation 7000.14–R, Volume 3, Chap- thorized by chapter 31 of title 38, United shall remain available until September 30, ter 7, of December 1996, as in effect on the States Code: Provided, That such costs, in- 2013. date of enactment of this Act. cluding the cost of modifying such loans, MEDICAL FACILITIES TITLE II shall be as defined in section 502 of the Con- For necessary expenses for the mainte- DEPARTMENT OF VETERANS AFFAIRS gressional Budget Act of 1974: Provided fur- nance and operation of hospitals, nursing VETERANS BENEFITS ADMINISTRATION ther, That funds made available under this homes, and domiciliary facilities and other COMPENSATION AND PENSIONS heading are available to subsidize gross obli- necessary facilities of the Veterans Health gations for the principal amount of direct Administration; for administrative expenses (INCLUDING TRANSFER OF FUNDS) loans not to exceed $3,042,000. in support of planning, design, project man- For the payment of compensation benefits In addition, for administrative expenses agement, real property acquisition and dis- to or on behalf of veterans and a pilot pro- necessary to carry out the direct loan proposition, construction, and renovation of any gram for disability examinations as author- gram, $337,000, which may be paid to the ap- facility under the jurisdiction or for the use ized by section 107 and chapters 11, 13, 18, 51, propriation for ‘‘General operating ex- of the Department; for oversight, engineer- 53, 55, and 61 of title 38, United States Code; penses’’. ing, and architectural activities not charged pension benefits to or on behalf of veterans NATIVE AMERICAN VETERAN HOUSING LOAN to project costs; for repairing, altering, im- as authorized by chapters 15, 51, 53, 55, and 61 PROGRAM ACCOUNT proving, or providing facilities in the several of title 38, United States Code; and burial hospitals and homes under the jurisdiction of benefits, the Reinstated Entitlement Pro- For administrative expenses to carry out the direct loan program authorized by sub- the Department, not otherwise provided for, gram for Survivors, emergency and other of- either by contract or by the hire of tem- ficers’ retirement pay, adjusted-service cred- chapter V of chapter 37 of title 38, United States Code, $707,000. porary employees and purchase of materials; its and certificates, payment of premiums for leases of facilities; and for laundry serv- due on commercial life insurance policies VETERANS HEALTH ADMINISTRATION ices, $5,426,000,000, plus reimbursements, guaranteed under the provisions of title IV MEDICAL SERVICES shall become available on October 1, 2011, of the Servicemembers Civil Relief Act (50 (INCLUDING TRANSFER OF FUNDS) and shall remain available until September U.S.C. App. 541 et seq.) and for other benefits For necessary expenses for furnishing, as 30, 2012: Provided, That, of the amount made as authorized by sections 107, 1312, 1977, and available under this heading, $145,000,000 2106, and chapters 23, 51, 53, 55, and 61 of title authorized by law, inpatient and outpatient care and treatment to beneficiaries of the shall remain available until September 30, 38, United States Code, $53,492,234,000, to re- 2013: Provided further, That, of the amount main available until expended: Provided, Department of Veterans Affairs and veterans described in section 1705(a) of title 38, United available for fiscal year 2012, $130,000,000 for That not to exceed $30,423,000 of the amount non-recurring maintenance shall be allo- appropriated under this heading shall be re- States Code, including care and treatment in facilities not under the jurisdiction of the cated in a manner not subject to the Vet- imbursed to ‘‘General operating expenses’’, erans Equitable Resource Allocation. ‘‘Medical support and compliance’’, and ‘‘In- Department, and including medical supplies formation technology systems’’ for nec- and equipment, food services, and salaries MEDICAL AND PROSTHETIC RESEARCH essary expenses in implementing the provi- and expenses of health care employees hired For necessary expenses in carrying out sions of chapters 51, 53, and 55 of title 38, under title 38, United States Code, aid to programs of medical and prosthetic research United States Code, the funding source for State homes as authorized by section 1741 of and development as authorized by chapter 73 which is specifically provided as the ‘‘Com- title 38, United States Code, assistance and of title 38, United States Code, $590,000,000, pensation and pensions’’ appropriation: Pro- support services for caregivers as authorized plus reimbursements, shall remain available vided further, That such sums as may be by section 1720G of title 38, United States until September 30, 2012. Code, and loan repayments authorized by earned on an actual qualifying patient basis, NATIONAL CEMETERY ADMINISTRATION section 604 of Public Law 111-163, shall be reimbursed to ‘‘Medical care collec- For necessary expenses of the National tions fund’’ to augment the funding of indi- $39,649,985,000, plus reimbursements, shall become available on October 1, 2011, and shall Cemetery Administration for operations and vidual medical facilities for nursing home maintenance, not otherwise provided for, in- care provided to pensioners as authorized. remain available until September 30, 2012: Provided, That, of the amount made available cluding uniforms or allowances therefor; READJUSTMENT BENEFITS under this heading $1,015,000,000 shall remain cemeterial expenses as authorized by law; For the payment of readjustment and reha- available until September 30, 2013: Provided purchase of one passenger motor vehicle for bilitation benefits to or on behalf of veterans further, That, notwithstanding any other use in cemeterial operations; hire of pas- as authorized by chapters 21, 30, 31, 33, 34, 35, provision of law, the Secretary of Veterans senger motor vehicles; and repair, alteration 36, 39, 51, 53, 55, and 61 of title 38, United Affairs shall establish a priority for the pro- or improvement of facilities under the juris- States Code, $10,440,245,000, to remain avail- vision of medical treatment for veterans who diction of the National Cemetery Adminis- able until expended: Provided, That expenses have service-connected disabilities, lower in- tration, $259,004,000, of which not to exceed for rehabilitation program services and as- come, or have special needs: Provided further, $24,200,000 shall remain available until Sep- sistance which the Secretary is authorized to That, notwithstanding any other provision tember 30, 2012. provide under subsection (a) of section 3104 of law, the Secretary of Veterans Affairs DEPARTMENTAL ADMINISTRATION of title 38, United States Code, other than shall give priority funding for the provision GENERAL OPERATING EXPENSES under paragraphs (1), (2), (5), and (11) of that of basic medical benefits to veterans in en- For necessary operating expenses of the subsection, shall be charged to this account. rollment priority groups 1 through 6: Pro- Department of Veterans Affairs, not other- VETERANS INSURANCE AND INDEMNITIES vided further, That, notwithstanding any wise provided for, including administrative other provision of law, the Secretary of Vet- For military and naval insurance, national expenses in support of Department-wide cap- erans Affairs may authorize the dispensing service life insurance, servicemen’s indem- ital planning, management and policy activi- of prescription drugs from Veterans Health nities, service-disabled veterans insurance, ties, uniforms, or allowances therefor; not to Administration facilities to enrolled vet- and veterans mortgage life insurance as au- exceed $25,000 for official reception and rep- erans with privately written prescriptions thorized by title 38, United States Code, resentation expenses; hire of passenger based on requirements established by the chapters 19 and 21, $62,589,000, to remain motor vehicles; and reimbursement of the Secretary: Provided further, That the imple- available until expended. General Services Administration for security mentation of the program described in the VETERANS HOUSING BENEFIT PROGRAM FUND guard services, and the Department of De- previous proviso shall incur no additional For the cost of direct and guaranteed fense for the cost of overseas employee mail, cost to the Department of Veterans Affairs. loans, such sums as may be necessary to $2,601,389,000: Provided, That expenses for carry out the program, as authorized by sub- MEDICAL SUPPORT AND COMPLIANCE services and assistance authorized under chapters I through III of chapter 37 of title For necessary expenses in the administra- paragraphs (1), (2), (5), and (11) of section 38, United States Code: Provided, That such tion of the medical, hospital, nursing home, 3104(a) of title 38, United States Code, that costs, including the cost of modifying such domiciliary, construction, supply, and re- the Secretary of Veterans Affairs determines loans, shall be as defined in section 502 of the search activities, as authorized by law; ad- are necessary to enable entitled veterans: (1) Congressional Budget Act of 1974: Provided ministrative expenses in support of capital to the maximum extent feasible, to become

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00067 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6232 CONGRESSIONAL RECORD — HOUSE July 28, 2010 employable and to obtain and maintain suit- reimbursements as provided in section 13 of cemeteries as authorized by section 2408 of able employment; or (2) to achieve maximum the Contract Disputes Act of 1978 (41 U.S.C. title 38, United States Code, $46,000,000, to re- independence in daily living, shall be 612) for claims paid for contract disputes: main available until expended. Provided, That except for advance planning charged to this account: Provided further, ADMINISTRATIVE PROVISIONS That the Veterans Benefits Administration activities, including needs assessments shall be funded at not less than $2,162,776,000: which may or may not lead to capital invest- (INCLUDING TRANSFER OF FUNDS) Provided further, That of the funds made ments, and other capital asset management SEC. 201. Any appropriation for fiscal year available under this heading, not to exceed related activities, including portfolio devel- 2011 for ‘‘Compensation and pensions’’, ‘‘Re- $111,000,000 shall remain available until Sep- opment and management activities, and in- adjustment benefits’’, and ‘‘Veterans insur- tember 30, 2012: Provided further, That from vestment strategy studies funded through ance and indemnities’’ may be transferred as the funds made available under this heading, the advance planning fund and the planning necessary to any other of the mentioned ap- the Veterans Benefits Administration may and design activities funded through the de- propriations: Provided, That before a transfer purchase (on a one-for-one replacement basis sign fund, including needs assessments which may take place, the Secretary of Veterans only) up to two passenger motor vehicles for may or may not lead to capital investments, Affairs shall request from the Committees on use in operations of that Administration in and salaries and associated costs of the resi- Appropriations of both Houses of Congress Manila, Philippines. dent engineers who oversee those capital in- the authority to make the transfer and such vestments funded through this account, and INFORMATION TECHNOLOGY SYSTEMS Committees issue an approval, or absent a funds provided for the purchase of land for response, a period of 30 days has elapsed. For necessary expenses for information the National Cemetery Administration technology systems and telecommunications through the land acquisition line item, none (INCLUDING TRANSFER OF FUNDS) support, including developmental informa- of the funds made available under this head- SEC. 202. Amounts made available for the tion systems and operational information ing shall be used for any project which has Department of Veterans Affairs for fiscal systems; for pay and associated costs; and not been approved by the Congress in the year 2011, in this Act or any other Act, under for the capital asset acquisition of informa- budgetary process: Provided further, That the ‘‘Medical services’’, ‘‘Medical support tion technology systems, including manage- funds made available under this heading for and compliance’’, and ‘‘Medical facilities’’ ment and related contractual costs of said fiscal year 2011, for each approved project accounts may be transferred among the ac- acquisitions, including contractual costs as- shall be obligated: (1) by the awarding of a counts: Provided, That any transfers between sociated with operations authorized by sec- construction documents contract by Sep- the ‘‘Medical services’’ and ‘‘Medical support tion 3109 of title 5, United States Code, tember 30, 2011; and (2) by the awarding of a and compliance’’ accounts of 1 percent or $3,222,000,000, plus reimbursements, shall reconstruction contract by September 30, 2012: less of the total amount appropriated to the main available until September 30, 2012: Pro- Provided further, That the Secretary of Vet- account in this or any other Act may take vided, That none of the funds made available erans Affairs shall promptly submit to the place subject to notification from the Sec- under this heading may be obligated until Committees on Appropriations of both retary of Veterans Affairs to the Committees the Department of Veterans Affairs submits Houses of Congress a written report on any on Appropriations of both Houses of Con- to the Committees on Appropriations of both approved major construction project for gress of the amount and purpose of the trans- Houses of Congress, and such Committees ap- which obligations are not incurred within fer: Provided further, That any transfers be- prove, a plan for expenditure that: (1) meets the time limitations established above. tween the ‘‘Medical services’’ and ‘‘Medical the capital planning and investment control CONSTRUCTION, MINOR PROJECTS support and compliance’’ accounts in excess review requirements established by the Of- For constructing, altering, extending, and of 1 percent, or exceeding the cumulative 1 fice of Management and Budget; (2) complies improving any of the facilities, including percent for the fiscal year, may take place with the Department of Veterans Affairs en- parking projects, under the jurisdiction or only after the Secretary requests from the terprise architecture; (3) conforms with an for the use of the Department of Veterans Committees on Appropriations of both established enterprise life cycle method- Affairs, including planning and assessments Houses of Congress the authority to make ology; and (4) complies with the acquisition of needs which may lead to capital invest- the transfer and an approval is issued: Pro- rules, requirements, guidelines, and systems ments, architectural and engineering serv- vided further, That any transfers to or from acquisition management practices of the ices, maintenance or guarantee period serv- the ‘‘Medical facilities’’ account may take Federal Government: Provided further, That ices costs associated with equipment guaran- place only after the Secretary requests from not later than 30 days after the date of the tees provided under the project, services of the Committees on Appropriations of both enactment of this Act, the Secretary of Vet- claims analysts, offsite utility and storm Houses of Congress the authority to make erans Affairs shall submit to the Committees drainage system construction costs, and site the transfer and an approval is issued. on Appropriations of both Houses of Con- acquisition, or for any of the purposes set SEC. 203. Appropriations available in this gress a reprogramming base letter which sets forth in sections 316, 2404, 2406, 8102, 8103, title for salaries and expenses shall be avail- forth, by project, the operations and mainte- 8106, 8108, 8109, 8110, 8122, and 8162 of title 38, able for services authorized by section 3109 of nance costs, with salary expenses separately United States Code, where the estimated title 5, United States Code, hire of passenger designated, and development costs to be car- cost of a project is equal to or less than the motor vehicles; lease of a facility or land or ried out utilizing amounts made available amount set forth in section 8104(a)(3)(A) of both; and uniforms or allowances therefore, under this heading. title 38, United States Code, $507,700,000, to as authorized by sections 5901 through 5902 of OFFICE OF INSPECTOR GENERAL remain available until expended, along with title 5, United States Code. unobligated balances of previous ‘‘Construc- For necessary expenses of the Office of In- SEC. 204. No appropriations in this title spector General, to include information tion, minor projects’’ appropriations which (except the appropriations for ‘‘Construc- technology, in carrying out the provisions of are hereby made available for any project tion, major projects’’, and ‘‘Construction, the Inspector General Act of 1978 (5 U.S.C. where the estimated cost is equal to or less minor projects’’) shall be available for the App.), $115,367,000, of which $6,000,000 shall re- than the amount set forth in such section: purchase of any site for or toward the con- main available until September 30, 2012. Provided, That funds made available under struction of any new hospital or home. this heading shall be for: (1) repairs to any of CONSTRUCTION, MAJOR PROJECTS SEC. 205. No appropriations in this title the nonmedical facilities under the jurisdic- shall be available for hospitalization or ex- For constructing, altering, extending, and tion or for the use of the Department which amination of any persons (except bene- improving any of the facilities, including are necessary because of loss or damage ficiaries entitled to such hospitalization or parking projects, under the jurisdiction or caused by any natural disaster or catas- examination under the laws providing such for the use of the Department of Veterans trophe; and (2) temporary measures nec- benefits to veterans, and persons receiving Affairs, or for any of the purposes set forth essary to prevent or to minimize further loss such treatment under sections 7901 through in sections 316, 2404, 2406, 8102, 8103, 8106, 8108, by such causes. 8109, 8110, and 8122 of title 38, United States 7904 of title 5, United States Code, or the GRANTS FOR CONSTRUCTION OF STATE Code, including planning, architectural and Robert T. Stafford Disaster Relief and Emer- EXTENDED CARE FACILITIES engineering services, construction manage- gency Assistance Act (42 U.S.C. 5121 et seq.)), ment services, maintenance or guarantee pe- For grants to assist States to acquire or unless reimbursement of the cost of such riod services costs associated with equip- construct State nursing home and domi- hospitalization or examination is made to ment guarantees provided under the project, ciliary facilities and to remodel, modify, or the ‘‘Medical services’’ account at such rates services of claims analysts, offsite utility alter existing hospital, nursing home, and as may be fixed by the Secretary of Veterans and storm drainage system construction domiciliary facilities in State homes, for fur- Affairs. costs, and site acquisition, where the esti- nishing care to veterans as authorized by SEC. 206. Appropriations available in this mated cost of a project is more than the sections 8131 through 8137 of title 38, United title for ‘‘Compensation and pensions’’, ‘‘Re- amount set forth in section 8104(a)(3)(A) of States Code, $85,000,000, to remain available adjustment benefits’’, and ‘‘Veterans insur- title 38, United States Code, or where funds until expended. ance and indemnities’’ shall be available for for a project were made available in a pre- GRANTS FOR CONSTRUCTION OF STATE payment of prior year accrued obligations vious major project appropriation, VETERANS CEMETERIES required to be recorded by law against the $1,166,036,000, to remain available until ex- For grants to assist States in establishing, corresponding prior year accounts within the pended, of which $6,000,000 shall be to make expanding, or improving State veterans last quarter of fiscal year 2010.

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SEC. 207. Appropriations available in this may require, current, accurate third-party SEC. 219. The Secretary of Veterans Affairs title shall be available to pay prior year obli- reimbursement information for purposes of shall submit to the Committees on Appro- gations of corresponding prior year appro- section 1729 of such title: Provided, That the priations of both Houses of Congress a quar- priations accounts resulting from sections Secretary may recover, in the same manner terly report on the financial status of the 3328(a), 3334, and 3712(a) of title 31, United as any other debt due the United States, the Veterans Health Administration. States Code, except that if such obligations reasonable charges for such care or services (INCLUDING TRANSFER OF FUNDS) are from trust fund accounts they shall be from any person who does not make such dis- SEC. 220. Amounts made available under payable only from ‘‘Compensation and pen- closure as required: Provided further, That the ‘‘Medical services’’, ‘‘Medical support sions’’. any amounts so recovered for care or serv- and compliance’’, ‘‘Medical facilities’’, ‘‘Gen- (INCLUDING TRANSFER OF FUNDS) ices provided in a prior fiscal year may be eral operating expenses’’, and ‘‘National SEC. 208. Notwithstanding any other provi- obligated by the Secretary during the fiscal Cemetery Administration’’ accounts for fis- sion of law, during fiscal year 2011, the Sec- year in which amounts are received. cal year 2011, may be transferred to or from retary of Veterans Affairs shall, from the (INCLUDING TRANSFER OF FUNDS) the ‘‘Information technology systems’’ ac- National Service Life Insurance Fund under SEC. 213. Notwithstanding any other provi- count: Provided, That before a transfer may section 1920 of title 38, United States Code, sion of law, proceeds or revenues derived take place, the Secretary of Veterans Affairs the Veterans’ Special Life Insurance Fund from enhanced-use leasing activities (includ- shall request from the Committees on Appro- under section 1923 of title 38, United States ing disposal) may be deposited into the priations of both Houses of Congress the au- Code, and the United States Government ‘‘Construction, major projects’’ and ‘‘Con- thority to make the transfer and an approval Life Insurance Fund under section 1955 of struction, minor projects’’ accounts and be is issued. title 38, United States Code, reimburse the used for construction (including site acquisi- (INCLUDING TRANSFER OF FUNDS) ‘‘General operating expenses’’ and ‘‘Informa- tion and disposition), alterations, and im- SEC. 221. Amounts made available for the tion technology systems’’ accounts for the provements of any medical facility under the ‘‘Information technology systems’’ account cost of administration of the insurance pro- jurisdiction or for the use of the Department may be transferred between projects: Pro- grams financed through those accounts: Pro- of Veterans Affairs. Such sums as realized vided, That no project may be increased or vided, That reimbursement shall be made are in addition to the amount provided for in decreased by more than $1,000,000 of cost only from the surplus earnings accumulated ‘‘Construction, major projects’’ and ‘‘Con- prior to submitting a request to the Commit- in such an insurance program during fiscal struction, minor projects’’. tees on Appropriations of both Houses of year 2011 that are available for dividends in SEC. 214. Amounts made available under Congress to make the transfer and an ap- that program after claims have been paid ‘‘Medical services’’ are available— proval is issued, or absent a response, a pe- and actuarially determined reserves have (1) for furnishing recreational facilities, riod of 30 days has elapsed. been set aside: Provided further, That if the supplies, and equipment; and SEC. 222. None of the funds appropriated or cost of administration of such an insurance (2) for funeral expenses, burial expenses, otherwise made available by this Act or any program exceeds the amount of surplus earn- and other expenses incidental to funerals and other Act for the Department of Veterans ings accumulated in that program, reim- burials for beneficiaries receiving care in the Affairs may be used in a manner that is in- bursement shall be made only to the extent Department. consistent with— of such surplus earnings: Provided further, (INCLUDING TRANSFER OF FUNDS) (1) section 842 of the Transportation, That the Secretary shall determine the cost SEC. 215. Such sums as may be deposited to Treasury, Housing and Urban Development, of administration for fiscal year 2011 which the Judiciary, the District of Columbia, and is properly allocable to the provision of each the Medical Care Collections Fund pursuant to section 1729A of title 38, United States Independent Agencies Appropriations Act, such insurance program and to the provision 2006 (Public Law 109–115; 119 Stat. 2506); or of any total disability income insurance in- Code, may be transferred to ‘‘Medical services’’, to remain available until expended for (2) section 8110(a)(5) of title 38, United cluded in that insurance program. States Code. SEC. 209. Amounts deducted from en- the purposes of that account. SEC. 216. The Secretary of Veterans Affairs SEC. 223. Of the amounts made available to hanced-use lease proceeds to reimburse an the Department of Veterans Affairs for fiscal account for expenses incurred by that ac- may enter into agreements with Indian tribes and tribal organizations which are year 2011, in this Act or any other Act, under count during a prior fiscal year for providing the ‘‘Medical facilities’’ account for non-re- enhanced-use lease services, may be obli- party to the Alaska Native Health Compact with the Indian Health Service, and Indian curring maintenance, not more than 20 per- gated during the fiscal year in which the pro- cent of the funds made available shall be ob- ceeds are received. tribes and tribal organizations serving rural Alaska which have entered into contracts ligated during the last 2 months of that fis- (INCLUDING TRANSFER OF FUNDS) with the Indian Health Service under the In- cal year: Provided, That the Secretary may SEC. 210. Funds available in this title or dian Self Determination and Educational As- waive this requirement after providing writ- funds for salaries and other administrative sistance Act, to provide healthcare, includ- ten notice to the Committees on Appropria- expenses shall also be available to reimburse ing behavioral health and dental care. The tions of both Houses of Congress. the Office of Resolution Management of the Secretary shall require participating vet- SEC. 224. Of the amounts appropriated or Department of Veterans Affairs and the Of- erans and facilities to comply with all appro- otherwise made available by this title, the fice of Employment Discrimination Com- priate rules and regulations, as established Secretary may execute $5,000,000 for coopera- plaint Adjudication under section 319 of title by the Secretary. The term ‘‘rural Alaska’’ tive agreements with State and local govern- 38, United States Code, for all services pro- shall mean those lands sited within the ex- ment entities or their designees with a dem- vided at rates which will recover actual costs ternal boundaries of the Alaska Native re- onstrated record of serving veterans to con- but not exceed $35,794,000 for the Office of gions specified in sections 7(a)(1)–(4) and (7)– duct outreach to ensure that veterans in un- Resolution Management and $3,354,000 for (12) of the Alaska Native Claims Settlement derserved areas receive the care and benefits the Office of Employment and Discrimina- Act, as amended (43 U.S.C. 1606), and those for which they are eligible. tion Complaint Adjudication: Provided, That lands within the Alaska Native regions spec- (INCLUDING TRANSFER OF FUNDS) payments may be made in advance for serv- ified in sections 7(a)(5) and 7(a)(6) of the SEC. 225. Of the amounts appropriated to ices to be furnished based on estimated Alaska Native Claims Settlement Act, as the Department of Veterans Affairs in this costs: Provided further, That amounts re- amended (43 U.S.C. 1606), which are not with- Act, and any other Act, for ‘‘Medical serv- ceived shall be credited to the ‘‘General opin the boundaries of the Municipality of An- ices’’, ‘‘Medical support and compliance’’, erating expenses’’ and ‘‘Information tech- chorage, the Fairbanks North Star Borough, ‘‘Medical facilities’’, ‘‘Construction, minor nology systems’’ accounts for use by the of- the Kenai Peninsula Borough or the projects’’, and ‘‘Information technology sys- fice that provided the service. Matanuska Susitna Borough. tems’’, such sums as may be necessary, plus SEC. 211. No appropriations in this title reimbursements, may be transferred to the shall be available to enter into any new lease (INCLUDING TRANSFER OF FUNDS) Joint Department of Defense-Department of of real property if the estimated annual rent- SEC. 217. Such sums as may be deposited to Veterans Affairs Medical Facility Dem- al cost is more than $1,000,000, unless the the Department of Veterans Affairs Capital onstration Fund, established by section 1704 Secretary submits a report which the Com- Asset Fund pursuant to section 8118 of title of title XVII of division A of Public Law 111– mittees on Appropriations of both Houses of 38, United States Code, may be transferred to 84, and shall be available to fund operations Congress approve within 30 days following the ‘‘Construction, major projects’’ and of the integrated Captain James A. Lovell the date on which the report is received. ‘‘Construction, minor projects’’ accounts, to Federal Health Care Center, consisting of the SEC. 212. No funds of the Department of remain available until expended for the pur- Veterans Affairs shall be available for hos- poses of these accounts. North Chicago Veteran Affairs Medical Cen- ter, and Navy Ambulatory Care Center, and pital care, nursing home care, or medical SEC. 218. None of the funds made available services provided to any person under chap- in this title may be used to implement any supporting facilities designated as a com- ter 17 of title 38, United States Code, for a policy prohibiting the Directors of the Vet- bined Federal medical facility as described non-service-connected disability described in erans Integrated Services Networks from by Section 706 of Public Law 110–417. section 1729(a)(2) of such title, unless that conducting outreach or marketing to enroll (INCLUDING TRANSFER OF FUNDS) person has disclosed to the Secretary of Vet- new veterans within their respective Net- SEC. 226. Such sums as may be deposited to erans Affairs, in such form as the Secretary works. the Medical Care Collections Fund pursuant

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In Medical Facility Demonstration Fund, es- tion takes place, as well as the intended use addition, such sums as may be necessary for tablished by section 1704 of title XVII of divi- of the funds. parking maintenance, repairs and replace- sion A of Public Law 111–84, and shall be SEC. 231. The Secretary of the Department ment, to be derived from the Lease of De- available to fund operations of the inte- of Veterans Affairs shall notify the Commit- partment of Defense Real Property for De- grated Captain James A. Lovell Federal tees on Appropriations of both Houses of fense Agencies account. Health Care Center, consisting of the North Congress of all bid savings in major con- Funds appropriated under this Act may be Chicago Veteran Affairs Medical Center, and struction projects that total at least provided to Arlington County, Virginia, for Navy Ambulatory Care Center, and sup- $5,000,000, or five percent of the programmed the relocation of the federally-owned water porting facilities designated as a combined amount, whichever is less: Provided, That main at Arlington National Cemetery mak- Federal medical facility as described by sec- such notification shall occur within 14 days ing additional land available for ground bur- tion 1706 of Public Law 110–417. after the date on which funds are obligated. ials. (INCLUDING TRANSFER OF FUNDS) SEC. 232. The scope of work for a project in- ARMED FORCES RETIREMENT HOME SEC. 227. Of the amounts available in this cluded in ‘‘Construction, major projects’’, TRUST FUND title for ‘‘Medical services’’, ‘‘Medical sup- may not be increased above the scope speci- For expenses necessary for the Armed port and compliance’’, and ‘‘Medical facili- fied for that project in the original justifica- Forces Retirement Home to operate and ties’’, a minimum of $15,000,000, shall be tion data provided to the Congress as part of maintain the Armed Forces Retirement transferred to the Department of Defense/De- the request for appropriations, without prior Home—Washington, District of Columbia, partment of Veterans Affairs Health Care notification to the Committees on Appro- and the Armed Forces Retirement Home— Sharing Incentive Fund, as authorized by priations of both Houses of Congress. Gulfport, Mississippi, to be paid from funds section 8111(d) of title 38, United States TITLE III available in the Armed Forces Retirement Code, to remain available until expended, for RELATED AGENCIES Home Trust Fund, $71,200,000, of which any purpose authorized by section 8111 of AMERICAN BATTLE MONUMENTS COMMISSION $2,000,000 shall remain available until ex- title 38, United States Code. pended for construction and renovation of SALARIES AND EXPENSES (INCLUDING RESCISSION OF FUNDS) the physical plants at the Armed Forces Re- For necessary expenses, not otherwise pro- SEC. 228. (a) Of the funds appropriated in tirement Home—Washington, District of Co- the Military Construction and Veterans Af- vided for, of the American Battle Monu- lumbia, and the Armed Forces Retirement fairs and Related Agencies Appropriations ments Commission, including the acquisition Home—Gulfport, Mississippi. of land or interest in land in foreign coun- Act, 2010 (Public Law 111-117, Division E), the TITLE IV following amounts which become available tries; purchases and repair of uniforms for caretakers of national cemeteries and monu- OVERSEAS CONTINGENCY OPERATIONS on October 1, 2010 are hereby permanently DEPARTMENT OF DEFENSE cancelled from the accounts in the amounts ments outside of the United States and its MILITARY CONSTRUCTION, ARMY specified: territories and possessions; rent of office and ‘‘Medical services’’, Department of Vet- garage space in foreign countries; purchase (INCLUDING TRANSFER OF FUNDS) erans Affairs, $1,015,000,000; (one-for-one replacement basis only) and hire For an additional amount for ‘‘Military ‘‘Medical support and compliance’’, De- of passenger motor vehicles; not to exceed Construction, Army’’, $929,996,000, to remain partment of Veterans Affairs, $145,000,000; $7,500 for official reception and representa- available until September 30, 2013: Provided, and tion expenses; and insurance of official That notwithstanding any other provision of ‘‘Medical facilities’’, Department of Vet- motor vehicles in foreign countries, when re- law, such funds may be obligated and ex- erans Affairs, $145,000,000. quired by law of such countries, $65,667,000, pended to carry out planning and design and (b) An additional amount is appropriated to remain available until expended: Provided, military construction projects not otherwise to the following accounts in the amounts That of the amount made available under authorized by law: Provided further, That of specified, to become available on October 1, this heading, $1,000,000 shall be for improve- the amount appropriated, $10,000,000 shall be 2010 and to remain available until September ments and rehabilitation of the Bataan transferred to ‘‘Department of Defense — 30, 2012: Death March Memorial at the Cabanatuan Other Department of Defense Programs — ‘‘Medical services’’, Department of Vet- American Memorial in the Philippines. Office of the Inspector General’’, to be erans Affairs, $1,015,000,000; FOREIGN CURRENCY FLUCTUATIONS ACCOUNT merged with and to be available for the same ‘‘Medical support and compliance’’, De- For necessary expenses, not otherwise pro- time period as the appropriation to which partment of Veterans Affairs, $145,000,000; vided for, of the American Battle Monu- transferred, for the purpose of carrying out and ments Commission, such sums as may be audits of military construction projects in ‘‘Medical facilities’’, Department of Vet- necessary, to remain available until ex- Afghanistan: Provided further, That this erans Affairs, $145,000,000. pended, for purposes authorized by section transfer authority is in addition to any other SEC. 229. For an additional amount for the 2109 of title 36, United States Code. transfer authority available to the Depart- ‘‘General operating expenses’’ account, ment of Defense. UNITED STATES COURT OF APPEALS FOR $23,584,000, to increase the Department’s ac- VETERANS CLAIMS MILITARY CONSTRUCTION, AIR FORCE quisition workforce capacity and capabili- For an additional amount for ‘‘Military SALARIES AND EXPENSES ties: Provided, That such funds may be trans- Construction, Air Force’’, $280,504,000, to referred by the Secretary to any other account For necessary expenses for the operation of main available until September 30, 2013: Pro- in the Department to carry out the purposes the United States Court of Appeals for Vet- vided, That notwithstanding any other provi- provided herein: Provided further, That such erans Claims as authorized by sections 7251 sion of law, such funds may be obligated and transfer authority is in addition to any other through 7298 of title 38, United States Code, expended to carry out planning and design transfer authority provided in this Act: Pro- $90,147,000: Provided, That, of the foregoing and military construction projects not oth- vided further, That such funds shall be avail- amount, $62,000,000 shall be transferred to erwise authorized by law. able only to supplement and not to supplant the General Services Administration for the MILITARY CONSTRUCTION, DEFENSE-WIDE existing acquisition workforce activities: construction of a courthouse to house the Provided further, That such funds shall be United States Court of Appeals for Veterans For an additional amount for ‘‘Military available for training, recruitment, reten- Claims: Provided further, That $2,515,229 shall Construction, Defense-Wide’’, $46,500,000, to tion, and hiring additional members of the be available for the purpose of providing fi- remain available until September 30, 2013: acquisition workforce as defined by the Of- nancial assistance as described, and in ac- Provided, That notwithstanding any other fice of Federal Procurement Policy Act, as cordance with the process and reporting pro- provision of law, such funds may be obli- amended (41 U.S.C. 401 et seq.): Provided fur- cedures set forth, under this heading in Pub- gated and expended to carry out planning ther, That such funds shall be available for lic Law 102–229. and design and military construction projects not otherwise authorized by law. information technology in support of acqui- DEPARTMENT OF DEFENSE—CIVIL sition workforce effectiveness or for manage- ADMINISTRATIVE PROVISIONS CEMETERIAL EXPENSES, ARMY ment solutions to improve acquisition man- SEC. 401. Unless otherwise specified, each agement. SALARIES AND EXPENSES amount in this title is designated as an SEC. 230. The Secretary of the Department For necessary expenses, as authorized by emergency requirement and necessary to of Veterans Affairs shall report to the Com- law, for maintenance, operation, and im- meet emergency needs pursuant to sections mittees on Appropriations of both Houses of provement of Arlington National Cemetery 403(a) and 423(b) of S. Con. Res. 13 (111th Con- Congress within 30 days of enactment of this and Soldiers’ and Airmen’s Home National gress), the concurrent resolution on the Act the planned funding allocation from Cemetery, including the purchase of two pas- budget for fiscal year 2010. each of the Veterans Health Administration senger motor vehicles for replacement only, SEC. 402. None of the funds made available accounts to the National Reserve Fund and and not to exceed $1,000 for official reception in this title may be obligated for architect

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00070 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 28, 2010 CONGRESSIONAL RECORD — HOUSE H6235 and engineer contracts estimated by the website of that agency any report required Mr. HOLT. Madam Chair, I want to Government to exceed $500,000, unless such to be submitted by the Congress in this or thank the Rules Committee for making contracts are awarded to United States firms any other Act, upon the determination by this amendment in order and for the or United States firms in joint venture with the head of the agency that it shall serve the strong support and encouragement I host nation firms. national interest. SEC. 403. None of the funds made available (b) Subsection (a) shall not apply to a re- have received in this effort from the in this title may be used to award any con- port if— chairman of the Military Construction tract estimated by the Government to ex- (1) the public posting of the report com- and Veterans Affairs subcommittee. ceed $1,000,000 to a foreign contractor: Pro- promises national security; or The gentleman from Texas’ leadership vided, That this section shall not be applica- (2) the report contains confidential or proof the subcommittee and his concern ble to contract awards for which the lowest prietary information. and compassion and advocacy for the (c) The head of the agency posting such re- responsive and responsible bid of a United needs of veterans is truly an inspira- States contractor exceeds the lowest respon- port shall do so only after such report has sive and responsible bid of a foreign con- been made available to the requesting Com- tion. tractor by greater than 20 percent: Provided mittee or Committees of Congress for no less Madam Chair, we have few respon- further, That the Secretary of Defense may than 45 days. sibilities as solemn and as important waive the limitation imposed by this section SEC. 510. None of the funds made available as ensuring that our veterans receive upon a determination that such limitation is in this Act may be distributed to the Asso- the care that we have promised them inconsistent with national security: Provided ciation of Community Organizations for Re- as a Nation. To that end, my amend- further, That the Secretary of Defense shall form Now (ACORN) or its subsidiaries. SEC. 511. None of the funds appropriated or ment directs the Department of Vet- notify the Committees on Appropriations of otherwise made available by this Act may be erans Affairs to allocate $20 million for both Houses of Congress no later than five obligated by any covered executive agency in direct advertising, the use of online so- days following a decision to waive the limi- contravention of the certification require- tation imposed in this section. cial media and other media for suicide ment of section 6(b) of the Iran Sanctions prevention outreach. Let me take a TITLE V Act of 1996, as included in the revisions to moment to tell you why this issue GENERAL PROVISIONS the Federal Acquisition Regulation pursuant means so much to me, and I would like to such section. SEC. 501. No part of any appropriation con- to tell you about one very remarkable tained in this Act shall remain available for SEC. 512. (a) None of the funds made avail- obligation beyond the current fiscal year unable in this Act may be used to maintain or family from my central New Jersey less expressly so provided herein. establish a computer network unless such congressional district. SEC. 502. Such sums as may be necessary network blocks the viewing, downloading, A little over a week ago, on July 14, for fiscal year 2011 for pay raises for pro- and exchanging of pornography. I had the privilege of introducing Mrs. grams funded by this Act shall be absorbed (b) Nothing in subsection (a) shall limit Linda Bean of East Brunswick, New within the levels appropriated in this Act. the use of funds necessary for any Federal, Jersey, to the House Committee on SEC. 503. None of the funds made available State, tribal, or local law enforcement agency or any other entity carrying out criminal Veterans’ Affairs. Linda was appearing in this Act may be used for any program, before the Oversight and Investigations project, or activity, when it is made known investigations, prosecution, or adjudication to the Federal entity or official to which the activities. subcommittee to tell the story of how funds are made available that the program, SEC. 513. None of the funds made available her son, Coleman, came to take his project, or activity is not in compliance with in this Act may be used for the processing of own life in September 2008. Linda made any Federal law relating to risk assessment, new enhanced-use leases at the National it clear why she had traveled to Wash- the protection of private property rights, or Home for Disabled Volunteer Soldiers lo- ington to, I would say, courageously cated in Milwaukee, Wisconsin. unfunded mandates. share her family’s painful story: ‘‘I owe SEC. 504. No part of any funds appropriated The CHAIR. No amendment is in a duty to my son and our debt to the in this Act shall be used by an agency of the order except those printed in House Re- men with whom Coleman served.’’ executive branch, other than for normal and port 111–570. Each such amendment You see, Coleman was a two-tour vet- recognized executive-legislative relation- may be offered only in the order print- ships, for publicity or propaganda purposes, eran of Operation Iraqi Freedom. Like ed in the report, may be offered by a so many of our troops who have served and for the preparation, distribution, or use Member designated in the report, shall of any kit, pamphlet, booklet, publication, in Iraq and Afghanistan, Coleman de- radio, television, or film presentation de- be considered read, shall be debatable veloped post-traumatic stress disorder. signed to support or defeat legislation pend- for 10 minutes, equally divided and con- In between and after those tours, he ing before Congress, except in presentation trolled by the proponent and an oppo- sought treatment for his PTSD. Be- to Congress itself. nent, and shall not be subject to a de- cause Sergeant Bean was a member of SEC. 505. All departments and agencies mand for division of the question. the Individual Ready Reserve, the so- funded under this Act are encouraged, within After consideration of the bill for the limits of the existing statutory authori- called IRR—a pool of reserve soldiers amendment, the chair and ranking mi- not assigned to any unit but available ties and funding, to expand their use of ‘‘E- nority member of the Committee on Commerce’’ technologies and procedures in for mobilization if needed—he could the conduct of their business practices and Appropriations or their designees each not get treatment for his condition be- public service activities. may offer one pro forma amendment to cause the Departments of Defense and SEC. 506. None of the funds made available the bill for the purpose of debate, Veterans Affairs refused to take owner- in this Act may be transferred to any depart- which shall be controlled by the pro- ship of Sergeant Bean and the thou- ment, agency, or instrumentality of the ponent. United States Government except pursuant sands like him. A few weeks after Cole- to a transfer made by, or transfer authority b 1710 man took his life, the VA called to con- provided in, this or any other appropriations AMENDMENT NO. 1 OFFERED BY MR. HOLT firm his next appointment. Act. The CHAIR. It is now in order to con- As Linda closed her testimony before SEC. 507. Unless stated otherwise, all re- sider amendment No. 1 printed in the House Veterans’ Affairs Com- ports and notifications required by this Act House Report 111–570. mittee, she relayed how one VA official shall be submitted to the Subcommittee on had told her, ‘‘If they won’t walk Military Construction and Veterans Affairs, Mr. HOLT. Madam Chair, I have amendment No. 1 at the desk. through the door, we can’t help them.’’ and Related Agencies of the Committee on Linda’s response must be our response: Appropriations of the House of Representa- The CHAIR. The Clerk will designate tives and the Subcommittee on Military the amendment. ‘‘Of course we can help them. It is our Construction and Veterans Affairs, and Re- The text of the amendment is as fol- duty to figure out how, not theirs.’’ lated Agencies of the Committee on Appro- lows: Earlier this year, I secured the inclu- priations of the Senate. Page 33, line 15, after the dollar amount, sion of a suicide prevention provision SEC. 508. None of the funds made available insert ‘‘(reduced by $20,000,000) (increased by in the annual defense authorization bill in this Act may be used for a project or pro- $20,000,000)’’. that would require the Secretary of De- gram named for an individual serving as a The CHAIR. Pursuant to House Reso- fense to conduct periodic telephone or Member, Delegate, or Resident Commis- in-person outreach and counseling calls sioner of the United States House of Rep- lution 1559, the gentleman from New resentatives. Jersey (Mr. HOLT) and a Member op- to reservists like Coleman. The idea is SEC. 509. (a) Any agency receiving funds posed each will control 5 minutes. to check on the IRR member’s mental, made available in this Act, shall, subject to The Chair recognizes the gentleman emotional and professional well-being subsections (b) and (c), post on the public from New Jersey. and to identify and treat any IRR

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00071 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6236 CONGRESSIONAL RECORD — HOUSE July 28, 2010 members who are deemed to be at risk Mr. CRENSHAW. I yield to the gen- The Chair recognizes the gentleman of harming themselves. tleman from Rhode Island. from Indiana. Because the other body has thus far Mr. KENNEDY. I appreciate the gen- Mr. BUYER. Madam Chair, I rise failed to act on the fiscal year 2011 au- tleman’s yielding. today in support of my amendment to thorization, I have sent a letter to Sec- I too want to join in paying tribute H.R. 5822. This amendment would fence retaries Gates and Shinseki asking to the gentleman from New Jersey for off $10 million in the VA’s general oper- that they take whatever administra- this amendment and also to the chair- ating expenses account. tive action is necessary to reach out man, Chairman EDWARDS, for his dili- The goal of the VA’s vocational reha- and monitor this very large pool of at- gence to this mental health issue in bilitation and employment program is risk reservists. I have also asked that the bill. to put disabled veterans back to work they meet with Greg and Linda Bean As I said earlier, these wounds may or, for the most severely disabled, to and explain in detail what those de- be invisible but they’re not invisible to live as independently as possible. partments intend to do to prevent the members of our uniform who are VA’s counselors currently have an average other Iraq and Afghanistan war vet- suffering from them. I think it may not caseload of over 130 disabled veterans. Be- erans from suffering Coleman’s fate. come as a surprise to most people that cause of the heavy workload which includes a Our commitment to reducing suicides those servicemembers dying of suicide significant amount of case management and among our veterans must be com- outnumber those who are killed in ac- regular interaction with their clients, the time to prehensive and unwavering. This tion. And that does not include our actually enter vocational training is nearly six amendment today is designed to give veterans. It wasn’t until this defense months. That is on top of the average of the the VA the resources and the direction bill that we just passed that we in- 6 months it takes to receive a disability rating to get appropriate and broad-based out- cluded a provision that the President needed to even become eligible for this ben- reach under way as soon as President of the United States would actually efit. Obama signs this bill. I hope this send a letter of condolence to the fam- The $10 million included in this amendment amendment will be supported on a bi- ily of those who had taken their life in would fund one hundred additional profes- partisan basis, because, as Linda Bean the field, and we all know what the sional level staff and will be a small step to- says, ‘‘It’s not their job to figure out pressures are on those individuals: wards reducing the caseload to a more man- how, it’s ours.’’ more tours of duty, longer times away ageable average of 100 per counselor thereby I yield to the gentleman from Texas. from their families, and more stress. shortening the time it takes to begin training. The fact of the matter is I think that Mr. EDWARDS of Texas. I just want For many veterans and servicemembers this work that you’re doing, RUSH, is to commend the gentleman for his VR&E training is the bridge to meaningful and to be commended. I think it is also im- leadership on this effort. It is a heart- productive employment. portant for everyone to note that this breaking tragedy every time a veteran I urge all members to vote in favor of my historic health bill that we just passed takes his or her life as a result of their amendment to H.R. 5822. service to our country. I look forward will encompass 72 percent of all vet- to working with the gentleman and erans who will get their care thanks to b 1720 with the gentleman from Florida (Mr. this Congress’ work to include mental CRENSHAW) and the gentleman from health parity in the health care reform I yield to the gentleman from Texas. Tennessee (Mr. WAMP) as we go to con- bill that was just passed. Seventy-two Mr. EDWARDS of Texas. I want to ference committee to see that we do percent of all vets will never see the commend Mr. BUYER for offering this more than everything that is already VA for their health care but, rather, amendment. being done to see that we prevent sui- through private health insurance. And Without this amendment, the VA cides from occurring. this Congress passed legislation mak- would actually be reducing at the very If we save one life, then the gentle- ing it illegal for them to be discrimi- worst time the number of vocational man’s and our service here in Congress nated against based upon health sta- rehab employees. We ought to be in- will have been time well served. tus, whether it be mental, physical, creasing those numbers, and that’s Mr. HOLT. I thank the gentleman. and we all know that mental now is a what we will be doing with this, par- In closing, I would say there are tens neurological disorder. ticularly given a lot of our troops com- of thousands of people who will be Thanks again for your good work. ing back from Iraq and Afghanistan are helped. Again thank you to the chairman and having difficult times finding jobs. The CHAIR. The time of the gen- ranking member for their good work on They need this support. tleman has expired. this. The VA gets a lot of things right, but Mr. CRENSHAW. Madam Chair, I Mr. CRENSHAW. I yield back the I don’t think they got this part of their would like to claim the time in opposi- balance of my time. budget right. And I thank the gen- tion, although I’m not necessarily op- The CHAIR. The question is on the tleman for correcting it, and it’s a posed to the amendment. amendment offered by the gentleman privilege to support his amendment. The SPEAKER pro tempore. Without from New Jersey (Mr. HOLT). Mr. BUYER. I yield back the balance The amendment was agreed to. objection, the gentleman from Florida of my time. is recognized for 5 minutes. AMENDMENT NO. 2 OFFERED BY MR. BUYER The CHAIR. The question is on the There was no objection. The CHAIR. It is now in order to con- amendment offered by the gentleman sider amendment No. 2 printed in Mr. CRENSHAW. Madam Chair, I from Indiana (Mr. BUYER). just want to also commend the gen- House Report 111–570. The amendment was agreed to. Mr. BUYER. Madam Chair, I have an tleman for offering this amendment. I AMENDMENT NO. 3 OFFERED BY MR. BUYER think so often we have resources that amendment at the desk. The CHAIR. It is now in order to con- are available like this that sometimes The CHAIR. The Clerk will designate sider amendment No. 3 printed in our veterans are not aware of. I think the amendment. The text of the amendment is as fol- House Report 111–570. we’ve made great strides in dealing lows: Mr. BUYER. I have an amendment at with this. We have a suicide prevention the desk. hotline we’re working every day, but I Page 34, line 7, before the period at the end insert the following: ‘‘: Provided further, That The CHAIR. The Clerk will designate think he makes an excellent point that of the funds made available under this head- the amendment. so often people are not aware of the ing, $10,000,000 shall be available to increase The text of the amendment is as fol- services they might avail themselves the number of Department of Veterans Af- lows: of. fairs employees who administer benefits I commend him for this. I would cer- under chapter 31 of title 38, United States Page 38, line 18, before the period insert tainly favor this amendment so that Code’’. the following: ‘‘: Provided further, That of the funds made available under this heading, we can get the word out to know that The CHAIR. Pursuant to House Reso- $162,734,000 shall be for renewable energy we’re trying to help folks. lution 1559, the gentleman from Indi- projects at Department of Veterans Affairs Mr. KENNEDY. Will the gentleman ana (Mr. BUYER) and a Member opposed medical facility campuses pursuant to sec- yield? each will control 5 minutes. tion 8103 of title 38, United States Code’’.

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00072 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 28, 2010 CONGRESSIONAL RECORD — HOUSE H6237 The CHAIR. Pursuant to House Reso- loquy, and we’re $147 million already Madam Chairwoman, several years lution 1559, the gentleman from Indi- down the road. That’s how far we’re ago I had the opportunity to visit the ana (Mr. BUYER) and a Member opposed into this now, Chairman EDWARDS and U.S. Olympic Training Center in San each will control 5 minutes. Mr. CRENSHAW, and this is a good thing. Diego. From that moment we then set The Chair recognizes the gentleman The VA, such a very large enterprise, the course to restructure the United from Indiana. large consumer of energy and being the States Olympic Committee. Once we Mr. BUYER. I ask unanimous con- second largest department here of gov- did that, by the relationships that de- sent to modify my amendment. ernment, what you’re doing here in veloped, by the reorganization of the The CHAIR. The Clerk will report the this green management and renewable Olympic Committee, we then became a modification. energy, geothermal, wind, solar, this is Nation at war. I then sought to lever- The Clerk read as follows: smart. It really is. It’s smart what age these relationships with the VA Modification to Amendment No. 3 offered you’re doing. So I really want to thank and their sports programs. by Mr. BUYER: you for doing this. I looked at this and how we can use The amendment as modified is as follows: We’ve got more projects identified. sports as a platform for healing, and Page 54, after line 2, insert the following: They’re around 60. These moneys will you know, when I looked back on this, SEC. ll. Of the amounts made available allow the VA to stay on track on their for fiscal year 2011 for ‘‘Medical Facilities’’ yes, you know, we moved out and we in Public Law 111-117, $162,734,000 shall be timelines, and I really appreciate your embraced it. I started at the top and available for renewable energy projects at working with me to do this. probably should have started at the the Department of Veterans Affairs medical I yield to the gentleman from Texas. bottom. I started where I started and it facility campuses subject to section 8103 of Mr. EDWARDS of Texas. I just want was with the Olympics, the Olympic title 38, United States Code. to commend Mr. BUYER for his leader- Committee. Not everyone is an Olym- The CHAIR. Is there objection to the ship. This is not the first time he has pian. That’s the reality of this. Not ev- modification? come to the floor fighting for renew- eryone was blessed with an Olympic Without objection, the amendment is able energy projects and conservation body or the mind or the will. But it’s modified. projects for the VA. And as he leaves how do we, as a Nation, use sports as a There was no objection. Congress at the end of this Congress, I platform for healing? And most of our The CHAIR. The gentleman from In- want to thank him for this effort. warriors are athletes. And so when diana is recognized for 5 minutes. Every dollar we save by conservation they get injured, how do we inspire Mr. BUYER. I will proceed on the investments and renewable energy in- them? modified amendment. vestments is a dollar that’s either back Now, when we brought the Olympic After discussion with Chairman ED- into the taxpayers’ pocket or a dollar Committee and the sports programs WARDS and with the ranking member, that goes to actually provide better from the VA together, we were able to Mr. CRENSHAW, we’ve all agreed to a health care for America’s veterans. So leverage that whereby our military better way forward on the amendment. that’s why I’m enthusiastic in my sup- athletes then could actually have an So I appreciate your efforts on the port of this amendment, and I com- avenue to be part of the Olympic team. modification. mend the gentleman for his authorship And that has, in fact, happened and has Accordingly, what we’re seeking to of it. been done. do here is overcome some challenges Mr. BUYER. Reclaiming my time, I Last year—and I want to thank that we have with regard to the ad- also want to extend my appreciation to Chairman EDWARDS—he supported the vance appropriation and how dollars Secretary Shinseki for his work and $10 million that went into this adaptive can be dedicated to particular uses. So the previous Secretary. sports program. the Appropriations Committee has I yield back the balance of my time. worked with me, and for that I am The CHAIR. The question is on the b 1730 deeply appreciative. amendment, as modified, offered by the The Olympic committee helps with I want to express my thanks to gentleman from Indiana (Mr. BUYER). this grant program now to take the Chairman EDWARDS and to Mr. The amendment, as modified, was same ideal, the Olympic ideal, and CRENSHAW. Both of you have been very agreed to. move it out to all the communities good friends. I respect your leadership, AMENDMENT NO. 4 OFFERED BY MR. BUYER across the country. And so an indi- and I appreciate your good faith in The CHAIR. It is now in order to con- vidual who may not be an Olympian working with myself and my staff. sider amendment No. 4 printed in can be an Olympian of their own com- Over the years, the 18 years I’ve been House Report 111–570. munity, can actually compete. It is here, the years I’ve been privileged to Mr. BUYER. I have an amendment at that competition—it’s not the winning. work in leadership as chairman and as the desk. It’s have you improved yourself, have ranking member, I have respected the The CHAIR. The Clerk will designate you bettered your time, and making interoperability and cooperation be- the amendment. someone feel good about that, this tween the Appropriations staff and the The text of the amendment is as fol- Adaptive Sports program, whereby it’s authorizers. It has worked really, real- lows: done at the local level and then builds ly well. At times they can disagree, but Page 34, line 7, before the period at the end up is really good, and this is a very they can professionally work it out. insert the following: ‘‘: Provided further, That good program. We’re in our infancy, I’ve been impressed by that, and it has of the funds made available under this head- and I want to thank the chairman and ing, $8,000,000 shall be available to fund the continued. adaptive sports grant program under section for supporting this last time. So I want to thank you for that. And 521A of title 38, United States Code, and So the concept I think is pretty sim- this is a prime example. This is one of $2,000,000 shall be available to carry out sec- ple. I do have some pictures here I’d them whereby I look back to 2008 when tion 322 of title 38, United States Code’’. like to share with everyone. This is a we wanted to do these renewable en- The CHAIR. Pursuant to House Reso- picture of disabled veterans and serv- ergy projects, and you were challenged lution 1559, the gentleman from Indi- icemembers running the 100 meter dash at the time because the Speaker didn’t ana (Mr. BUYER) and a Member opposed at the Warrior Games in Colorado want renewable projects in the bill, but each will control 5 minutes. Springs, Colorado, and this was in May you agreed that this was something The Chair recognizes the gentleman of this year. And when you see this that we needed to do and tried to figure from Indiana. running the 100 meter dash, you know out how we’re going to do it. Mr. BUYER. Madam Chair, I rise we’ve got a mixture here. This gen- So I recognize it couldn’t be done at today in support of my amendment to tleman lost—this is a below the ankle, the time, but it was something that H.R. 5822, as reported. here is a below the knee amputation, you also embraced and supported. And This amendment would provide $10 and this is a double amputation, and I went on down the street like I said I million in VA general operating ex- they’re sprinting the 100 meter dash. was going to do, and we did 16 of these pense funding for the VA-US Think about the inspiration that they renewable energy projects. Then we Paralympic Adaptive Sports Grant have. I mean, these warrior athletes come back in 2009, you and I do a col- Program. are truly remarkable.

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00073 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6238 CONGRESSIONAL RECORD — HOUSE July 28, 2010 I want to show you another photo of and I’ve had the chance to visit that The CHAIR. Pursuant to House Reso- a double amputee. This Olympian right program to see and meet some of these lution 1559, the gentleman from Texas here during the winter games, this is Wounded Warriors. (Mr. CUELLAR) and a Member opposed Heath Calhoun, a Paralympian, and The thing that I hear over and over each will control 5 minutes. this was in Vancouver in March of this again is they say this is something The Chair recognizes the gentleman year. Mr. Calhoun is an Army Ranger. that gives us our spirit back. We can from Texas. He was wounded when a rocket-pro- compete. We can enjoy life. We can be Mr. CUELLAR. Madam Chair, my pelled grenade hit his Humvee while he with our families, and I think it is amendment is a commonsense amend- was serving in Iraq. He lost both legs something that is very, very worth- ment that ensures no taxpayers dollars as a result of that attack. His grand- while and commend the gentleman for will be used to purchase first-class bringing it up. father served in World War II, his fa- tickets for employees of agencies fund- Mr. EDWARDS of Texas. Will the ther served in Vietnam, and he then ed by this bill except in special cir- sought to serve his country and lost gentleman yield? Mr. CRENSHAW. I yield to the gen- cumstances as allowed under law. both legs. He dedicated himself then to This is, again, important because it overcome this challenge and made the tleman from Texas. Mr. EDWARDS of Texas. I just want does prohibit unapproved first-class United States Olympic team and com- to commend him and commend Mr. travel and offers a direct method of peted in Vancouver. BUYER for this effort. These photo- guidance by referencing the Code of So these Olympians also then mentor graphs are an inspiration to all of us, Federal Regulations to prohibit this and aspire others into the Adaptive to our veterans, to our Wounded War- type of premium travel for Federal em- Sports Grant Program. So this is re- riors, but to every American. This pro- ployees. markable. This is building off the gram is an inspiration to our Wounded I think the chairman is in agreement Olympic ideal to really help our war- Warriors, our veterans, and all Ameri- with me that this is a way to save tax- riors, and we’re achieving the goal, and cans who hear about it. I am in full payer dollars, and he’s in agreement that is to use sports as a platform for support of this amendment. I also want with this amendment. healing. to thank again Mr. BUYER, along with So $10 million can be a lot of money, Mr. EDWARDS of Texas. Will the Mr. PERLMUTTER and Mr. LANGEVIN, but talking about what we get out of gentleman yield? who over the last several years have Mr. CUELLAR. I yield to the gen- this, the intangibles that we can get been real champions, along with Mr. out of this, when these men and women tleman from Texas. BUYER, of this program, and again, I’m Mr. EDWARDS of Texas. I am glad to that go through this feel so good about honored to support the amendment. themselves and take their bodies to Mr. CRENSHAW. I yield back the support this amendment. new levels, guess what? They feel good balance of my time. Mr. CUELLAR. I yield back the bal- about their families, they feel good The CHAIR. The question is on the ance of my time. about their jobs, and our goal here is to amendment offered by the gentleman The CHAIR. The question is on the make sure that they can live as full a from Indiana (Mr. BUYER). amendment offered by the gentleman life as they possibly can. The amendment was agreed to. from Texas (Mr. CUELLAR). That’s what we want to do. AMENDMENT NO. 5 OFFERED BY MR. CUELLAR The amendment was agreed to. The CHAIR. The time of the gen- The CHAIR. It is now in order to con- AMENDMENT NO. 6 OFFERED BY MR. FLAKE tleman has expired. sider amendment No. 5 printed in Mr. CRENSHAW. Madam Chair, I House Report 111–570. The CHAIR. It is now in order to con- claim the time in opposition, although Mr. CUELLAR. Madam Chair, I have sider amendment No. 6 printed in I’m not necessarily opposing this an amendment at the desk. House Report 111–570. amendment. The CHAIR. The Clerk will designate Mr. FLAKE. Madam Chair, I have an The CHAIR. Without objection, the the amendment. amendment at the desk. gentleman from Florida is recognized The text of the amendment is as fol- The CHAIR. The Clerk will designate for 5 minutes. lows: the amendment. There was no objection. At the end of the bill (before the short The text of the amendment is as fol- Mr. CRENSHAW. I just wanted to say title), add the following new section: lows: that I think this is a wonderful pro- SEC. 5ll. None of the funds appropriated At the end of the bill (before the short gram. I’m a little bit aware of that be- or otherwise made available in this Act may be used by an agency of the executive branch title), insert the following: cause in my home district in Jackson- to pay for first-class travel by an employee SEC. ll. None of the funds provided in ville, Florida, there’s an organization of the agency in contravention of sections this Act shall be available from the fol- called the Wounded Warriors, and they 301-10.122 through 301-10.124 of title 41, Code lowing Department of Defense military con- work in conjunction with this program, of Federal Regulations. struction accounts for the following projects:

Account Location Project Amount

Army ...... Alabama: Fort Rucker ...... Emergency Medical Services Facility ...... $1,700,000 Air Force ...... Alabama: Maxwell AFB ...... Air Traffic Control Tower ...... $810,000 Defense-Wide ...... Arizona: Marana ...... SOF Parachute Training Facility ...... $6,250,000 Army NG ...... Arkansas: Camp Robinson ...... Regional Training Institute, Ph 2 ...... $2,334,000 Navy ...... California: Coronado NAB ...... MESG-1 Consolidated Boat Maintenance Fa- $6,890,000 cility. Air Force ...... California: Los Angeles AFB ...... Parking Structure, Ph 2 ...... $4,500,000 Air NG ...... California: Moffett Field ...... Relocate Main Gate ...... $2,000,000 Navy ...... California: Monterey NSA ...... International Academic Instruction Building $11,960,000 Army NG ...... California: Sacramento ...... Field Maintenance Shop Paving ...... $891,000 Air Force ...... California: Travis AFB ...... BCE Maintenance Shops and Supply Ware- $387,000 house. Army NG ...... California: Ventura ...... Renewable Photovoltaic Solar Power ...... $1,466,000 Air NG ...... Colorado: Buckley AFB ...... Repair Taxiways Juliet and Lima ...... $4,000,000 Army NG ...... Colorado: Watkins ...... Parachute Maintenance Facility ...... $3,569,000 Navy ...... Connecticut: New London NSB ...... Submarine Group Two Headquarters ...... $550,000 Air Force ...... Florida: MacDill AFB ...... Infrastructure Improvements ...... $249,000 Navy ...... Florida: Panama City NSA ...... Land Acquisition-9 Acres ...... $5,960,000 Navy ...... Georgia: Albany MCLB ...... Maintenance Center Test Firing Range ...... $5,180,000 Air Force ...... Georgia: Robins AFB ...... Combat Communications Squadron Ware- $5,500,000 house. Army NG ...... Illinois: Marseilles Training Area ...... Simulation Center ...... $2,500,000 Air Force ...... Illinois: Scott AFB ...... New Fitness Facility, Ph 1 ...... $396,000 Navy ...... Indiana: Crane NSWC ...... Platform Protection Engineering Complex ... $760,000

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Account Location Project Amount

Army NG ...... Iowa: Camp Dodge ...... Regional Training Institute, Ph 1 ...... $800,000 Air NG ...... Iowa: Des Moines ...... Corrosion Control Hangar ...... $4,750,000 Army NG ...... Iowa: Iowa City ...... Simulation Center/MVSB/ Helipad/Parking .. $1,999,000 Army NG ...... Kentucky: Frankfort ...... Joint Forces Headquarters, Ph 1 ...... $281,000 Air NG ...... Kentucky: Standiford Field ...... Contingency Response Group Facility ...... $534,000 Air NG ...... Louisiana: New Orleans NAS/JRB ...... ASA Replace Alert Complex ...... $2,000,000 Navy ...... Maine: Portsmouth NSY ...... Consolidation of Structural Shops, Ph 1 ...... $11,910,000 Army NG ...... Maryland: Easton ...... Readiness Center Add/Alt ...... $347,000 Army ...... Maryland: Fort Meade ...... Infrastructure-Mapes Road & Cooper Avenue $1,750,000 Navy ...... Maryland: Patuxent River NAS ...... Atlantic Test Range Addition ...... $10,160,000 Air NG ...... Massachusetts: Barnes ANGB ...... Add to Aircraft Maintenance Hangar ...... $6,000,000 Army NG ...... Michigan: Fort Custer (Augusta) ...... Troop Service Support Center ...... $446,000 Air NG...... Minnesota: Duluth...... Load Crew Training & Weapons Release $8,000,000 Shops. Army NG ...... Minnesota: Mankato ...... Field Maintenance Shop ...... $947,000 Defense-Wide ...... Mississippi: Stennis Space Center ...... SOF Land Acquisition, Ph 3 ...... $8,000,000 Air Force ...... Missouri: Whiteman AFB ...... Consolidated Air Operations Facility ...... $23,500,000 Army NG ...... Nevada: Las Vegas ...... Civil Support Team Ready Building ...... $8,771,000 Air NG ...... New Jersey: Atlantic City IAP ...... Fuel Cell and Corrosion Control Hangar ...... $8,500,000 Army Reserve ...... New Jersey: Fort Dix ...... Automated Multipurpose Machine Gun $9,800,000 Range. Air Force ...... New Mexico: Holloman AFB ...... Parallel Taxiway, Runway 07/25 ...... $8,000,000 Air Force ...... New Mexico: Kirtland AFB ...... Replace Fire Station 3 ...... $6,800,000 Army ...... New York: Fort Drum ...... Alert Holding Area Facility ...... $6,700,000 Air Reserve ...... New York: Niagara Falls ARS ...... C-130 Flightline Operations Facility, Ph 1 .... $9,500,000 Army NG ...... New York: Ronkonkoma (MacArthur Air- Flightline Rehabilitation ...... $2,780,000 port). Air NG ...... New York: Stewart ANGB ...... Aircraft Conversion Facility ...... $3,750,000 Army NG ...... North Carolina: Camp Butner ...... Barracks (AT), Ph 1 ...... $1,484,000 Army NG ...... North Carolina: Morrisville ...... AASF 1 Fixed Wing Hangar Annex ...... $8,815,000 Army NG ...... North Carolina: Murphy ...... Fire Fighting Team Support Facility ...... $223,000 Air Force ...... North Carolina: Pope AFB ...... Crash/Fire/ Rescue Station ...... $13,500,000 Air Force ...... North Dakota: Grand Forks AFB ...... Central Deployment Center ...... $495,000 Army NG ...... Ohio: Camp Sherman ...... Maintenance Building Add/Alt ...... $3,100,000 Army NG ...... Ohio: Ravenna Training Site ...... Unit Training Equipment Site Add/Alt ...... $2,000,000 Air NG ...... Ohio: Toledo Express Airport ...... Replace Security Forces Complex ...... $7,300,000 Defense-Wide ...... Oklahoma: Tulsa IAP ...... Fuels Storage Complex ...... $1,036,000 Army NG ...... Oregon: Salem ...... Armed Forces Reserve Center Add/Alt $1,243,000 (JFHQ). Air NG ...... Pennsylvania: Fort Indiantown Gap ...... Multipurpose Air National Guard Training $675,000 Facility. Army NG ...... Pennsylvania: Hermitage ...... Readiness Center ...... $671,000 Army NG ...... Pennsylvania: Tobyhanna ...... Armed Forces Reserve Center ...... $1,513,000 Army NG ...... Pennsylvania: Williamsport ...... Field Maintenance Shop ...... $1,508,000 Army NG ...... Rhode Island: Middletown ...... Readiness Center Add/Alt ...... $3,646,000 Army NG ...... Rhode Island: Quonset Point ...... Readiness Center ...... $3,729,000 Air NG ...... South Carolina: McEntire JRB ...... Replace Operations and Training Facility .... $9,100,000 Air NG ...... South Dakota: Joe Foss Field ...... Aircraft Maintenance Shops ...... $3,600,000 Air Force ...... Tennessee: Arnold AFB ...... AEDC Power Distribution Modernization ..... $378,000 Army ...... Texas: Corpus Christi Depot ...... Rotor Blade Processing Facility, Ph 2 ...... $13,400,000 Army ...... Texas: Fort Bliss ...... Alternative Energy Projects ...... $1,166,000 Army ...... Texas: Fort Bliss ...... Rail Yard Improvements ...... $2,070,000 Army ...... Texas: Fort Hood ...... Soldier Readiness Processing Center ...... $1,000,000 Navy ...... Texas: Kingsville NAS ...... Youth Center ...... $2,610,000 Air Force ...... Texas: Lackland AFB ...... Consolidated Security Forces Ops Center, Ph $900,000 1. Air Force ...... Texas: Laughlin AFB ...... Community Event Complex ...... $10,500,000 Army NG ...... Texas: Laredo ...... Receiving, Staging, & Onward Integration $475,000 Facility/Hangar. Army NG ...... Texas: McLennan County ...... Operational Reserve Headquarters ...... $5,000,000 Army NG ...... Texas: South Texas Training Center ...... Cantonment and Support Infrastructure ...... $5,000,000 Army ...... Virginia: Fort Belvoir ...... Growth Support Infrastructure ...... $3,060,000 Air Force ...... Virginia: Langley AFB ...... Clear Zone Land Acquisition, Ph 1 ...... $3,000,000 Defense-Wide ...... Washington: Fort Lewis ...... SOF Military Working Dog Kennel ...... $4,700,000 Navy ...... Washington: Kitsap NB ...... Charleston Gate ECP Improvements ...... $6,150,000 Army NG ...... West Virginia: Bridgeport ...... FWAATS Apron Expansion ...... $2,000,000 Army NG ...... West Virginia: Bridgeport ...... FWAATS Expansion ...... $2,000,000 Army NG ...... West Virginia: Glen Jean ...... Emergency Power Generator ...... $1,500,000 Army NG ...... Wisconsin: Wausau ...... Field Maintenance Shop ...... $12,008,000 Army NG ...... Guam: Barrigada ...... Joint Forces HQ Readiness Center Add/Alt ... $778,000

The CHAIR. Pursuant to House Reso- the original accounts. I’m not here to year’s Military Construction-VA appro- lution 1559, the gentleman from Ari- dispute the merits of these projects. I priations bill shows that the spoils sys- zona (Mr. FLAKE) and a Member op- have no doubt that some of those tem is alive and well. It’s happened in posed each will control 5 minutes. projects are worthwhile and would im- previous years, and it’s no different The Chair recognizes the gentleman prove the quality of life for our mili- this year. The only difference here is from Arizona. tary servicemembers and their fami- we have basically just one party engag- Mr. FLAKE. Madam Chair, this lies, but that’s not what is at issue ing in it, and so the spoils are even amendment is straightforward. here. more concentrated in fewer Members. It would simply prevent the funding At issue, again, as I pointed out be- Let me just put this chart up here. of all Member-requested earmarks in fore, is the spoils system that this These are the FY 2011 earmark dollars the bill. It would return the funds to process of earmarking represents. This associated with powerful Members of

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00075 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6240 CONGRESSIONAL RECORD — HOUSE July 28, 2010 Congress. By powerful Members I mean of all, let me say that let’s at least get Nation. I believe that the process that those who are on the Appropriations rid of the pretence that cutting ear- my subcommittee and Chairman ED- Committee, those who are in leader- marks would save taxpayer dollars if WARDS’ subcommittee has put in place ship, or those who are chairmen of he says, well, this money could still be accomplishes this goal. committees. And if you look at the ap- spent by DOD. For example, the projects that this propriations bills that have gone But the reality is, because of the amendment would seek to strike have through either the subcommittee or flawed nature of the way this amend- been individually reviewed by the ad- full committee on appropriations, you ment was put together, it would be the ministration for cost and the way it’s see this appropriations spoils system in best—the worst, actually, of both going to be executed. The projects are action here. worlds. One, it wouldn’t save tax- carefully compared against a very long This looks like a Pacman chart here payers’ dollars because the appropria- list of requirements that the Depart- with a hungry Pacman here. The red tions would go to the Department of ment of Defense has generated. These represents the percentage taken by Defense; but because it would be in an projects have been included in the Na- powerful members. In the Homeland account for programs not authorized, tional Defense Authorization Act for Security bill, 52 percent of the earmark that money could not be spent for all Fiscal Year 2011 that this body has re- dollars go to powerful Members. Fifty- of the worthwhile kinds of projects cently passed. two percent go to just 13 percent of that I have just mentioned. Finally, all of these military con- this body; CJS bill, 57 percent; Agri- Let me put in perspective what we struction projects that are included at culture, 76 percent; THUD, 42 percent; are talking about here. This is a $140 the end of this process, including all of and MILCON VA, what we’re doing billion bill. Less than three-tenths of 1 the projects that this amendment now, 51 percent. percent of this bill was designated by seeks to strike, will be competitively More than half of the earmark dol- Members of Congress working with awarded. lars in this legislation are going to just community leaders, military leaders, The CHAIR. The time of the gen- 13 percent of the Members in this body. military base leaders. tleman has expired. Madam Chair, that is simply not right. If I can ask my staff for a chart, I The gentleman from Arizona has 3 We shouldn’t be doing this. Yet year would just like to show, in perspective, minutes remaining. after year we do it. No matter what what a small part of this total bill ac- Mr. FLAKE. Madam Chair, I yield kind of reforms we enact, we still have tually goes to congressionally spon- the gentleman another 30 seconds if he the spoils system alive and well. sored projects. wants to finish. I reserve the balance of my time. Now, Mr. FLAKE apparently has more Mr. ORTIZ. We cannot forget the fact Mr. EDWARDS of Texas. Madam trust in the Obama administration that we are involved in two wars. We Chair, I claim time in opposition. than I did. I don’t think bureaucrats in have soldiers stationed in 120 coun- The CHAIR. The gentleman is recog- Washington are right 100 percent of the tries. Whatever we do today, let’s do it nized for 5 minutes. time, and it’s not wrong—in fact, it’s for our servicepeople. They are my sons right—to say that Members of Con- and your daughters and family here b 1740 gress, working with military leaders who are serving our country. Mr. EDWARDS of Texas. Madam and community leaders, ought to have Mr. FLAKE. Madam Chair, I plan to Chair, I respect the gentleman. He some voice in where their taxpayers’ withdraw this amendment. I had takes a principled position on congres- dollars go. planned to from the beginning. What I sionally sponsored projects, but I Madam Chair, I want to point out wanted to do was come down here and strongly oppose this amendment. this is a chart. This graph shows how explain the spoils system that this The Flake amendment, regardless of much is spent in this bill. The part of kind of earmarking represents. its intentions, would cut $163 million the bill that Mr. FLAKE is objecting to The problem, the gentleman men- out of important military construction is this red part right here. Probably tioned that this amendment is crafted projects for the National Guard and from that side of the aisle it would be in a way that it would prohibit the Reserves, which are playing a key role very, very hard to see it. spending of money on these projects. It in our war in Iraq and Afghanistan. But I just want people to understand would. The problem is there is no way This amendment would cut $57 mil- that the administration gets a voice on to craft an amendment that wouldn’t lion out of force protection, safety and this amount of money in the bill. Mem- do that. security forces facilities, including bers of Congress working with military What we have here is a situation more secure entrance gates at our mili- leaders get a voice on this amount. where we simply can’t go in and say tary installations, fire stations to pro- This is what we are talking about. this is a good earmark and this is not, tect our troops and their families on But I want to talk and say this not through this process. That’s part of posts. amount is significant because, if this the whole flawed aspect of what we are The Flake amendment would cut $30 amendment were to pass, and I hope it doing here and why we need to change million from quality of life facilities— will not and I do not believe it will, it this. much needed by our troops and earned would harm important quality of life But the gentleman is correct, we by our troops, deserved by our troops— and protection projects for our service shouldn’t give the administration a barracks, youth and community cen- men and women. It would kill a major free ride to say this is where things ters, roads. It cuts 44 projects that are initiative in this bill to increase fund- ought to be spent. We have the power in the Department of Defense’s Future ing for the National Guard and Re- of the purse. This is article I stuff, and Years Defense Program. serves who are playing a vitally impor- we ought to exercise it. One of the programs this would cut is tant role in Iraq and Afghanistan. The problem I have is we basically $1 million I put in this bill as an ear- May I inquire how much time I have exercise authority over that much of it mark to provide for a new Soldier remaining? and leave the administration with this, Readiness Processing Center at Fort The CHAIR. The gentleman has 1 instead of saying, through the process Hood so those soldiers, over 40,000 serv- minute remaining. of authorization, appropriation, and ing there, will not have to go through Mr. EDWARDS of Texas. I would oversight, we have more control of a processing center which was the site yield that time to my colleague Mr. what the administration is doing. of the murder of 12 of their Army com- ORTIZ. Instead, we say we don’t like the way rades and one civilian just months ago. Mr. ORTIZ. I rise in opposition to the you are spending this money—we say A ‘‘yes’’ vote on this amendment will Flake amendment. This amendment that to the executive branch—so we are cut these kinds of worthy projects. would seek to strike certain modifica- going to run a little parallel track in Now, Mr. FLAKE will claim and has tions to the Military Construction ap- the Congress where we determine claimed that DOD will still have the propriations bill. where this much goes. Then when we money to spend, but that’s not correct I believe that it is essential that this determine where this much goes, 51 because this amendment is flawed in body work with the administration and percent of it goes to just 13 percent of the way it’s drafted because—well, first determine a budget that is best for the this body.

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00076 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 28, 2010 CONGRESSIONAL RECORD — HOUSE H6241 Mr. EDWARDS of Texas. Will the and that the VA should submit a report university that I represent back home gentleman yield? to Congress no later than January 1 of in Indiana. I have also been working Mr. FLAKE. I yield to the gentleman 2011 on changes they intend to make to with a community college, Ivy Tech in from Texas. ensure accurate, timely, and efficient Indiana, with the same problem. Mr. EDWARDS of Texas. I appreciate accounting of any returned post-9/11 GI I thank the chairman for his support that, and I do respect his principled po- benefit payments. for this amendment, and I encourage sition on this, not with just this bill my colleagues to support it as well. b 1750 but with other bills. Madam Chair, I yield back the bal- I just want to point out the reason I, along with many of my colleagues, ance of my time. we don’t spread out earmarks evenly enthusiastically supported the Post- The CHAIR. The question is on the among 435 Members is military bases in 9/11 Veterans Education Assistance Act amendment offered by the gentleman the United States are not spread out of 2008. This law provides qualified vet- from Indiana (Mr. HILL). evenly among 435 congressional dis- erans with a full 4-year college scholar- The amendment was agreed to. tricts. So it is logical and it makes ship, restoring a commitment our AMENDMENT NO. 8 OFFERED BY MR. GINGREY OF sense and it’s good policy that Mem- country made to our World War II-era GEORGIA bers that represent military bases get veterans. The CHAIR. It is now in order to con- more earmarks than Members that I believe that the Post-9/11 GI bill can sider amendment No. 8 printed in don’t represent military bases. spark another period of economic House Report 111–570. Mr. GINGREY of Georgia. Madam Mr. FLAKE. I think that is a valid growth and prosperity for the current Chairman, I have an amendment at the point; although, I would argue that generation of veterans, much like the Montgomery GI bill did for the pre- desk. Members with military bases don’t nec- The CHAIR. The Clerk will designate essarily align with the 13 percent rep- vious generation of veterans. That is why I believe it is so critical that this the amendment. resented in this chart. The text of the amendment is as fol- bill be implemented accurately. But I would again, before asking lows: unanimous consent to withdraw this I understand that the VA legiti- mately requires some payments to vet- At the end of the bill (before the short amendment, make the case, we will be title), add the following new section: dealing with another appropriation bill erans and universities to be returned. SEC. 5ll. None of the funds appropriated tomorrow that is cleaner than this one There can be instances of a student or otherwise made available in this Act may in terms of being able to target ear- taking fewer classes than what was be used by an agency of the executive branch marks and prohibit funding for them originally thought, accidentally dupli- to exercise the power of eminent domain (to and actually save money. The way this cating payments. This is reasonable to take private property for public use) without the payment of just compensation. bill is structured makes it difficult to an extent. I believe that these funds do that, but I recognize it. need to be accounted for accurately; The CHAIR. Pursuant to House Reso- I just wanted to make the point and however, this is a two-way street. It lution 1559, the gentleman from Geor- to drive it home again, through the has come to my attention that there gia (Mr. GINGREY) and a Member op- process of authorization, appropria- has been some difficulty with the VA posed each will control 5 minutes. The Chair recognizes the gentleman tion, and oversight, we can do a far to properly and accurately account for returned payments from universities from Georgia. better job. Mr. GINGREY of Georgia. Madam The CHAIR. The time of the gen- and veterans alike. In some instances, Chairman, my amendment would pro- this has resulted in the VA withholding tleman has expired. hibit funds in the bill from being used Mr. FLAKE. Madam Chair, I ask further Post-9/11 educational benefit to exercise eminent domain without unanimous consent to withdraw the payments to the student in question as just compensation to the individuals they are credited with an outstanding amendment. involved. This is necessary because the The CHAIR. Without objection, the debt despite having already paid back Kelo v. City of New London Supreme amendment is withdrawn. the necessary accounts. This is even Court decision expanded the so-called There was no objection. after the returned checks have been ‘‘public use’’ provision of the takings AMENDMENT NO. 7 OFFERED BY MR. HILL cashed by the VA. This issue needs to clause of the Fifth Amendment. This The CHAIR. It is now in order to con- be addressed in a timely manner. decision allows State and local govern- sider amendment No. 7 printed in I do not believe that the VA is acting ments to practice eminent domain for House Report 111–570. with any malice in this measure, far the benefit of one private party over Mr. HILL. I have an amendment at from it. I applaud the work that the another. the desk. VA is doing to improve the lives of vet- In this specific case, Madam Chair- The CHAIR. The Clerk will designate erans. They deserve this benefit, but man, the City of New London, Con- the amendment. they deserve for it to work for them. necticut, used its eminent domain au- The text of the amendment is as fol- Madam Chair, I yield to the chair- thority to actually seize private prop- lows: man, Mr. EDWARDS, for the purpose of a erty to sell to private developers in Page 33, line 15, after the dollar amount, colloquy. order to aid a struggling economy in insert ‘‘(reduced by $100,000) (increased by Mr. EDWARDS of Texas. I thank the the name of economic development, $100,000)’’. gentleman. I support this amendment. but not specifically in the traditional The CHAIR. Pursuant to House Reso- Through no one’s malicious inten- interpretation of ‘‘public use.’’ lution 1559, the gentleman from Indi- tions, students—our veteran service- Justice John Paul Stevens’ majority ana (Mr. HILL) and a Member opposed men and -women or their children opinion states that the Fifth Amend- each will control 5 minutes. using the new 21st Century GI Bill—are ment does not require a literal ‘‘public The Chair recognizes the gentleman being punished for mistakes that they use.’’ However, the Fifth Amendment from Indiana. did not make, perhaps paperwork mis- of the document this Nation holds sa- Mr. HILL. I want to thank Chairman takes by a school administration or by cred—and I have it right here with me EDWARDS for crafting this critically the VA. The result can be that some- all the time, Madam Chairman—the important bill for our Nation’s vet- times students can have halted their Fifth Amendment of this document erans. additional GI benefits in order to con- clearly reads: ‘‘Nor shall private prop- My amendment simply removes fund- tinue college. So this is really an im- erty be taken for public use without ing from the VA General Operating Ex- portant issue. I salute the gentleman. just compensation.’’ pense Account and replaces it back in We are going to see that this issue is This decision represents the disparity the very same account. My intent in solved with his leadership, and I look between constitutional interpretation doing this is to highlight an issue for forward to working with him. and, yes, judicial activism. Govern- my colleagues and for the VA. Mr. HILL. I thank the chairman for ments should solely be allowed to com- I believe that the VA needs to exam- his support. pel an individual to forfeit their prop- ine its practice in how it accounts for This issue was brought to my atten- erty for the public’s use, but not for returned post-9/11 GI benefit payments tion by Indiana University, which is a the benefit of another private person.

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00077 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6242 CONGRESSIONAL RECORD — HOUSE July 28, 2010 I agree with the dissenting views in At the end of the bill (before the short aliens could become eligible for asylum the case which point out that the deci- title) insert the following: or other forms of immigration-related sion is an intrusion into private citi- SEC. ll. None of the funds appropriated relief from removal. It most certainly zens’ lives, and it picks winners and or otherwise made available to the Depart- would make any facility where they ment of Defense in this Act may be used to losers in the private market at the cost renovate or construct any facility in the are held a terrorist target. of an individual losing their personal continental United States for the purpose of Not surprisingly, Madam Chair, the property. housing any individual who has been de- American people are overwhelmingly Madam Chairman, according to the tained, at any time after September 11, 2001, opposed to closing Gitmo. In a March Fifth Amendment to the Constitution, at United States Naval Station, Guantanamo 2010 CNN/Opinion Research Corporation all levels of government have a respon- Bay, Cuba. poll, 60 percent of Americans expressed sibility and a moral obligation to de- The CHAIR. Pursuant to House Reso- that the United States should continue fend the property rights of individuals lution 1559, the gentleman from Geor- to operate the detention center at and only exercise eminent domain gia (Mr. GINGREY) and a Member op- Guantanamo Bay. They understand when it’s necessary for public use—the posed each will control 5 minutes. that the battlefield is not limited to literal interpretation of public use— The Chair recognizes the gentleman our military operations in Afghanistan and then just compensation is paid to from Georgia. and Iraq. They have recently witnessed those affected individuals. Any execu- Mr. GINGREY of Georgia. Madam two attempted attacks on our home- tion of eminent domain by State and Chairman, I rise today to offer an land in the skies over Detroit and, in- local governments that does not spe- amendment to ensure that no funds in deed, on the streets of New York City. cifically adhere to these requirements this bill are used to construct or to The American people know that the constitutes an abuse of government renovate any facility in the United detainees located at Gitmo are not power and a usurpation of the indi- States to house Gitmo detainees. minor offenders by any means. These vidual property rights as indeed de- Now, I realize that the majority will detainees include terrorist trainers, fined in the Fifth Amendment. likely support my amendment given terrorist financiers, bomb makers, My amendment would take one step that the bill contains no funds for this Osama bin Laden’s bodyguards, ter- toward ensuring that property rights of purpose; but today, Madam Chairman, rorist recruiters, and would-be suicide citizens are protected and they are I want to challenge the Democratic bombers. Indeed, one of three adoles- justly compensated when they are majority to commit to adhering to an cents originally detained is currently taken for public use. underlying principle, that being that it being tried by a military tribunal. An- Mr. EDWARDS of Texas. Will the is wholly unnecessary to transfer the other, who was released after extensive gentleman yield? detainees and to close Guantanamo efforts at rehabilitation, was subse- Mr. GINGREY of Georgia. I yield to Bay, or Gitmo. No matter what appro- quently killed on the battlefield after the gentleman from Texas. priations bills we are considering— returning to the fight in Afghanistan. Mr. EDWARDS of Texas. I want to today, MILCON/VA, when we come Madam Chair, simply put, the Amer- thank the gentleman. I will support his back, DOD, Homeland Security, CJS— ican people believe that bringing Guan- amendment. this fact still holds true. I want to make it clear there is noth- tanamo Bay detainees to American soil ing, to my knowledge, in this bill in- b 1800 for any purpose puts Americans at risk tended to allow the exercise of eminent and is a national security threat. It is We have spent hundreds of millions time this Congress listens to the col- domain without payment of just com- of dollars on the facilities at Gitmo, pensation, but I believe in the principle lective voice of the American people and the only reason we continue to de- and stops perpetrating the ‘‘Wash- of just compensation, and I would be bate its status is, quite honestly, glad to support the gentleman’s ington knows best’’ mindset. Madam Chair, for public relations rea- I urge my colleagues to support my amendment. sons. amendment on this bill—and on all Mr. GINGREY of Georgia. Madam As I witnessed most recently in April Chairman, reclaiming my time, I thank other appropriations bills—to prevent during my third site visit, the Gitmo the wholly unnecessary transfer of Mr. EDWARDS for that commitment. I detainees are treated with dignity and certainly appreciate his comments. Gitmo detainees to American soil. with respect. They are allowed access I reserve the balance of my time. Again, I would urge all of my col- to their attorneys. They are allowed leagues to support the amendment. Mr. EDWARDS of Texas. Madam access to the International Committee Chair, I claim time in opposition to the Let’s end this abuse of eminent do- of the Red Cross. They are provided main. Eminent domain is necessary, amendment, though I am not opposed with excellent medical care. As I am a to the amendment. but it is being abused; this definition of physician Member, I know of what I which, with the help of very liberal in- The CHAIR. Without objection, the speak. They are even allowed to live in gentleman is recognized for 5 minutes. terpretations by the Supreme Court in a communal setting. If they were to some cases, has been blurred to seem- There was no objection. consume everything provided to them Mr. EDWARDS of Texas. I will sup- ingly allow one private entity to ben- on a daily basis, they would take in port this amendment, Madam Chair. efit over another. That, as the gen- 5,500 calories per day. Indeed, most of I do want to clarify that there is no tleman from Texas indicated, is the in- them have gained anywhere from 15 to funding in this bill of any type to fund tent of the amendment, and I am very 25 pounds since they were originally any kind of facility to house detainees grateful for his support. detained. Their religious customs in all Madam Chair, I yield back the bal- from Guantanamo. Having said that, I areas of their lives are respected, and ance of my time. would be glad to support the gentle- The CHAIR. The question is on the they are provided with everything nec- man’s amendment. amendment offered by the gentleman essary to observe those customs. I yield back the balance of my time. If the world knew how we were actu- Mr. GINGREY of Georgia. I want to from Georgia (Mr. GINGREY). The amendment was agreed to. ally treating these detainees, we would thank my friend from Texas. In know- AMENDMENT NO. 9 OFFERED BY MR. GINGREY OF not be facing the prospect of spending ing him and his heart, I am not sur- GEORGIA hundreds of millions of dollars more— prised that he would support this The CHAIR. It is now in order to con- money that we don’t have unless China amendment, but I want to ask the gen- sider amendment No. 9 printed in will continue to lend it to us—to dupli- tleman a question. House Report 111–570. cate what we are already doing at Mr. EDWARDS, can I count on you to Mr. GINGREY of Georgia. Madam Guantanamo Bay. commit to supporting this amendment Chairman, I have an amendment at the Madam Chair, transferring the de- in future appropriations bills so that desk. tainees to the United States could we can end the debate as to whether The CHAIR. The Clerk will designate eventually lead to their release on Guantanamo Bay should be closed once the amendment. American soil, which would put our and for all? The text of the amendment is as fol- own citizens at risk. It could create I hope the gentleman will answer the lows: significant immigration issues as question.

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00078 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 28, 2010 CONGRESSIONAL RECORD — HOUSE H6243 The CHAIR. The time of the gen- tions that are in need of major con- in their districts, and a lot of people tleman has expired. struction, renovation, or modification. have been waiting in line and have The question is on the amendment It means that there are 60 locations been watching this process work, but if offered by the gentleman from Georgia where our veterans are not receiving it doesn’t seek to spend it at any one (Mr. GINGREY). optimal care in modern facilities. Un- location, then that is helpful to me. The question was taken; and the fortunately, this bill was only able to I yield back the balance of my time. Chair announced that the ayes ap- address a total of five of these projects, b 1810 peared to have it. and only two of them are new medical Mr. GINGREY of Georgia. Madam facilities. Mrs. HALVORSON. Madam Chair- Chair, I demand a recorded vote. With more women and men service- man, our veterans deserve the best care The CHAIR. Pursuant to clause 6 of members transitioning from active in the world and at the best and most rule XVIII, further proceedings on the duty to VA care and with multiple ill- modern medical facilities, and that’s amendment offered by the gentleman nesses, such as PTSD and TBI, we will why we’re working to accomplish this from Georgia will be postponed. require even more new and modified here. And in this body we need to keep those promises. This is something that AMENDMENT NO. 10 OFFERED BY MRS. medical facilities. Though $10 million HALVORSON is far less than what is needed to ad- is very important, I think, to all of us The CHAIR. It is now in order to con- dress these aging medical facilities’ in- here in Congress. sider amendment No. 10 printed in frastructures and construction needs, I yield back the balance of my time. The CHAIR. The question is on the House Report 111–570. the amendment will still play a role in amendment offered by the gentle- Mrs. HALVORSON. Madam Chair, I ensuring that more veterans are receiv- woman from Illinois (Mrs. HALVORSON). have an amendment at the desk. ing the care they deserve in a modern The amendment was agreed to. The CHAIR. The Clerk will designate and quality health care facility. This the amendment. amendment is also supported by the AMENDMENT NO. 11 OFFERED BY MR. BILIRAKIS The text of the amendment is as fol- American Legion. The CHAIR. It is now in order to con- lows: I urge my colleagues to stand up and sider amendment No. 11 printed in Page 33, line 15, after the dollar amount, to support modern medical facilities House Report 111–570. Mr. BILIRAKIS. Madam Chair, I have insert ‘‘(reduced by $10,000,000)’’. for our veterans and to vote ‘‘yes’’ on an amendment at the desk. Page 36, line 11, after the dollar amount, this amendment. The CHAIR. The Clerk will designate insert ‘‘(increased by $10,000,000)’’. I reserve the balance of my time. The CHAIR. Pursuant to House Reso- Mr. CRENSHAW. Madam Chair, I the amendment. The text of the amendment is as fol- lution 1559, the gentlewoman from Illi- claim time in opposition, though I am lows: nois (Mrs. HALVORSON) and a Member not opposed to the gentlewoman’s opposed each will control 5 minutes. amendment. Page 38, line 18, before the period insert the following: ‘‘: Provided further, That of the The Chair recognizes the gentle- The CHAIR. Without objection, the woman from Illinois. funds made available under this heading, gentleman from Florida is recognized $9,500,000 shall be for the acquisition, con- Mrs. HALVORSON. I yield myself for 5 minutes. struction, and alteration of up to four post- such time as I may consume. There was no objection. acute long-term care residential brain injury Madam Chair, I would first like to Mr. CRENSHAW. I have a couple of medical facilities pursuant to section 8103 of take a moment and praise Chairman questions. title 38, United States Code’’. OBEY and Chairman EDWARDS for their We have a process for building out- The CHAIR. Pursuant to House Reso- continued commitment to caring for patient clinics. I just wondered: Does lution 1559, the gentleman from Florida American veterans. Three-and-a-half this amendment, in any way, try to (Mr. BILIRAKIS) and a Member opposed years ago, their committee made a circumvent the process? Does it direct each will control 5 minutes. commitment and renewed the promise where the money would be spent in any The Chair recognizes the gentleman to care for those who have served in way? from Florida. our armed services. They have kept I yield to the gentlewoman. Mr. BILIRAKIS. Madam Chair, my that promise and have dramatically in- Mrs. HALVORSON. Absolutely not. amendment would provide $9.5 million creased funding for our veterans by 70 You have the amendment, as do I, to acquire and construct up to four percent since 2007. and it just takes $10 million out of the long-term care residential brain injury As the only Member of Congress from general operating to put it into major medical facilities. Illinois who sits on the Veterans’ Af- construction. The primary danger faced by our fairs Committee, I really can speak to You know, there are needs every- troops in Operation Enduring Freedom the critical need that these funds have where. I wish it were in some way to and Operation Iraqi Freedom comes in addressed for Illinois veterans. help my district. We have needs, but it the form of improvised explosive de- Madam Chair, my amendment is sim- does not help my district. This major vices. When an IED explodes, the blast ple. It adds $10 million to the VA Major construction is $28 million less than it wave can result in our servicemembers Construction Project and subtracts $10 was last year. So I would like to see incurring catastrophic injuries includ- million from the general operating ex- that we gradually get it back up to the ing amputations, spinal cord injuries, penses. Much of the VA medical infra- $28 million at least that it was last visual and auditory impairments, trau- structure is aging, outdated and, in year. matic brain injury, and posttraumatic many cases, obsolete. Mr. CRENSHAW. Reclaiming my stress. According to the 2011 Independent time, the amendment allows the VA to Wounded warriors with these com- Budget, which is written by some of use this funding at any location that it plex injuries require a high level of the largest Veteran Service Organiza- seeks? health care coordination with an inter- tions, a great number of current med- Mrs. HALVORSON. At any location disciplinary clinical support team and ical facilities were built after World anywhere. I wish I could say that it a wide range of specialized services. War II and were constructed with were for someplace special, but it is Since 2003, almost 2,000 severely in- structurally obsolete designs which not. jured servicemembers have received ‘‘typically do not meet the needs of Mr. CRENSHAW. Reclaiming my state-of-the-art care at one of the De- modern health care delivery.’’ The re- time, I would just point out to the gen- partment of Veterans Affairs four sult of these outdated buildings has tlewoman that there is $1.166 billion for Polytrauma Rehabilitation Centers. left the VA with a long list of major construction. That is $15 million above But what happens to these heroes construction projects, which are just the request. when they are discharged? Some of sitting there, waiting for congressional I can appreciate that the gentle- them require intensive medical care for funding. woman would like to spend even more the rest of their lives. My amendment Right now, there are over 60 medical and that she, apparently, is not trying addresses the problem of how to pro- construction projects in the backlog. to circumvent the process, because a vide ongoing recovery for these wound- That means that there are over 60 loca- lot of people would like to have clinics ed warriors.

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00079 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6244 CONGRESSIONAL RECORD — HOUSE July 28, 2010 These heroes honorably served their VA appropriations bill to build a new will jeopardize other important con- country. Now we have to step up to polytrauma center where there was not struction projects because it is offset meet our obligation to them. They one in the entire southwestern part of by a decrease in what is called the need a place to go that will provide for the United States. minor projects construction account. post-acute long-term care, subacute I wish the gentleman could agree to This would jeopardize an important residential rehabilitation, and out- work with the majority and the minor- project in my district at the Hunter patient day rehabilitation with the dig- ity, the conference committee, to try Holmes McGuire Veterans Hospital. nity, respect, and honor they have to find a way to also work with the VA And if this amendment is adopted, it earned. to find a way to address the very im- would hinder the expansion of Their families, who are enduring the portant needs that he is wanting to ad- McGuire’s dialysis unit. This is an im- extreme stress of having one of their dress. portant project and will improve serv- own come home with catastrophic inju- If he’s not willing to pull this amend- ices that many veterans in the Rich- ries, also need this long-term care fa- ment down, I must reluctantly rise in mond area need very desperately. cility for their loved ones. opposition to it for several reasons: So I appreciate the gentleman’s in- My amendment will enable the VA to First, the VA is studying this issue tent; however, I believe that circum- construct facilities that are specifi- right now, and we ought to sit down venting the Veterans Affairs Depart- cally designed to provide ongoing re- with them and find out what they have ment’s construction priorities is an in- covery for wounded warriors. Such fa- learned and what they think are the appropriate way to achieve that goal. cilities will enable families to visit in best ways to use taxpayers’ dollars to The Nation has promised our veterans an atmosphere that is conducive to the address these needs. access to quality health care services, rehabilitation and the reintegration. Secondly, I don’t know if we need and we owe them to ensure that those These facilities will be paid for with four of these long-term centers or six services are there. existing funds within the VA’s budget or eight or 10. Rather than spending So, Madam Chairman, I would urge and will allow the VA to select loca- money on four centers, perhaps it the rejection of this amendment so tions that are close enough to existing would be better to do smaller renova- that the underlying projects can go for- VA medical facilities to ensure that in- tions on 10 to 20 centers where our ward. tensive, ongoing medical and specialist traumatically injured veterans could Mr. CRENSHAW. Will the gentleman care is easily provided. At the same receive care closer to the homes of yield? time, the facility can be in a location their loved ones. Mr. EDWARDS of Texas. I would be that would be natural and, impor- Third, I don’t know what the full cost glad to yield. tantly, family friendly. of this is going to be. The $9.5 million Mr. CRENSHAW. Mr. EDWARDS, I ap- By supporting my amendment, you doesn’t, I don’t think, even come close preciate the concerns that have been will be requiring funds already avail- to providing for the full cost of the raised here, and I think, as you point able to the VA to be directed toward construction of these four projects. out, this is a very important subject, relieving the obvious need for long- Perhaps the gentleman could help illu- very worthwhile. And to the question term, ongoing recovery for our vet- minate for all of us both the cost of the of where the money comes from, those erans suffering from TBI and other construction plus the cost of the oper- minor construction projects, I think polytrauma injuries. ations of those centers. And there are a everyone has a concern about that. A properly selected and designed fa- lot of unanswered questions, important b 1820 cility is so important, Madam Chair. questions, such as: Where would the My amendment will enable medical staff come from to man these centers? But I think if Mr. BILIRAKIS is willing specialists from the VA to develop a Would they come from existing VA fa- to work, there is probably a way to special plan to allow our veterans to cilities? I don’t know. Perhaps there find an offset that doesn’t impact the heal. That is so important. It should be are good answers to those questions. I minor construction. There are some our top priority. A doctor would be just don’t think the committee has funds, as you know, that might be able to look in the eyes of a wounded them at this point. available. And I would encourage Mr. warrior and tell him or her, This is Finally, there are pay-fors on this. BILIRAKIS, with your commitment, to your home, and we are going to help The consequences of how this gen- say let’s try to figure out a way to do you participate in society and visit tleman would pay for these would be this, find a way to pay for it, find out with your family. that we would have a domiciliary ex- what the real costs are. And it says up The facilities my amendment would tended-stay unit would not be replaced to four. Maybe there is a way just to promote, Madam Chairman, would en- in Butler, Pennsylvania; a kidney di- begin that process, because we know, able our young wounded warriors to alysis unit expansion would not occur based on what Mr. KENNEDY had said focus on hope and to focus on honor in Richmond, Virginia; an ambulatory earlier, it’s a very, very important and have hope for a future. We owe surgery center would not be completed issue. them that, Madam Chair. Let’s give in Albuquerque, New Mexico; an urgent Mr. EDWARDS of Texas. Reclaiming them that. care center will not be renovated at my time, if Mr. BILIRAKIS would be I ask my colleagues to recognize the Castle Point, New York; and a psy- willing to ask unanimous consent to extreme difficulty faced by our cata- chiatric residential rehab facility will bring down his amendment, I will make strophically wounded warriors. Show not be replaced in Perry Point, Mary- my genuine commitment to work with them your support and vote ‘‘yes’’ on land. him, because I salute him for pointing the Bilirakis amendment. It was not the intention of the gen- out the important need that needs to I reserve the balance of my time. tleman to try to prevent these five im- be addressed here. Mr. EDWARDS of Texas. Madam portant projects from being completed, I’ll work with Mr. CRENSHAW, the Chair, I rise to claim time in opposi- but it is the consequence of his amend- acting ranking member, Mr. WAMP, the tion to the amendment. ment as written. ranking member of the subcommittee, The Acting CHAIR (Ms. JACKSON LEE I yield to the gentleman from Vir- and we will get together with the VA of Texas). The gentleman is recognized ginia (Mr. SCOTT). and try to find a pay-for that doesn’t for 5 minutes. Mr. SCOTT of Virginia. I thank the take away from awfully important Mr. EDWARDS of Texas. I want to gentleman for yielding. projects such as Mr. SCOTT’s in Vir- salute the gentleman’s focus, his gen- Madam Chair, I rise in opposition to ginia and others. uine commitment on the important the amendment by the gentleman from Mr. BILIRAKIS. If you would agree need of providing long-term care for Florida (Mr. BILIRAKIS). I support the to work with me on this particular our veterans and wounded warriors underlying goal of the gentleman’s amendment—this is a very important with traumatic brain injury. amendment to acquire and construct project, as you know. We do have our I care deeply about this. We all care long-term residential medical facilities polytrauma centers, but we need the deeply about it. In fact, several years for veterans suffering from traumatic long-term care for our heroes. And this ago I personally put the money in our brain injury; however, this designation is a top priority of mine. If you would

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00080 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 28, 2010 CONGRESSIONAL RECORD — HOUSE H6245 agree to work with me on this, then I I am proud that this amendment has concern regarding contracts that re- will withdraw. the support of the American Legion main unfulfilled. With little or no over- Mr. EDWARDS of Texas. If the gen- and the Iraq and Afghanistan Veterans sight for months of these contracts, tleman will yield, I appreciate that. I of America, and urge its passage here the OIG projected that $55 million a will work in good faith. And let’s see if today. year, and $261 million over 5 years, by working with the VA, the majority I yield to the gentleman from Texas. could be put to better use. and minority, see if we can find a way Mr. EDWARDS of Texas. I just want By conducting a simple review after to most efficiently and effectively take to commend the gentleman. This is a period of 90 days in which the con- care of these great Americans that such a good amendment. Sometimes tract is inactive in fulfilling the con- have suffered such a sacrifice on behalf common sense can prevail, because it tract, millions of dollars can be de-ob- of our country, and do so without im- certainly makes no sense to take drugs ligated from contracts that no longer pacting these other important projects that a veteran is using, prescription need to be fulfilled or can be fulfilled in throughout the country. drugs used in a VA hospital, and then a more productive manner. Mr. BILIRAKIS. I yield to the gen- have a half a bottle or three-quarters The American Legion agrees with my tleman from Virginia. of a bottle of those pills left, have to amendment as a commonsense change Mr. SCOTT of Virginia. I would join throw them away, and then go directly and step in the right direction, and I in support of this. Traumatic brain in- to the pharmacy at the VA hospital to urge its passage here today. juries is a very important problem that get those exact same prescription I yield to the gentleman from Texas. we need to deal with. I would join in drugs to take for use at home. Mr. EDWARDS of Texas. I once again support of that and work with you as So this is going to save taxpayers on this amendment want to thank the long as you do not affect the other money. And every dollar that’s saved gentleman for bringing this before the projects. can be put back into much-needed med- House. This could save up to $55 mil- Mr. BILIRAKIS. Reclaiming my ical care for our veterans. So I am lion in taxpayer funding according to time, I have studied this issue, and it’s thrilled to support the gentleman’s the Inspector General. It’s a good a top priority of mine. We need to get amendment and salute him for working amendment, and I am glad to support this done. So thank you for your will- on this. it. ingness to work with me. Mr. PETERS. Madam Chair, my Mr. PETERS. My amendment is a With that, I appreciate the gentle- amendment is a commonsense change commonsense change that frees tax- man’s willingness, as I said, to work and saves taxpayers money, saves time payer dollars for better use to care for with me. I look forward to doing so. and effort for veterans. I urge passage. our veterans, and I urge its passage Madam Chair, I ask unanimous con- I yield back the balance of my time. here today. sent to withdraw my amendment. The Acting CHAIR. The question is I yield back the balance of my time. The Acting CHAIR. Is there objection on the amendment offered by the gen- The Acting CHAIR. The question is to the request of the gentleman from tleman from Michigan (Mr. PETERS). on the amendment offered by the gen- Florida? The amendment was agreed to. tleman from Michigan (Mr. PETERS). There was no objection. AMENDMENT NO. 13 OFFERED BY MR. PETERS The amendment was agreed to. AMENDMENT NO. 12 OFFERED BY MR. PETERS The Acting CHAIR. It is now in order b 1830 The Acting CHAIR. It is now in order to consider amendment No. 13 printed AMENDMENT NO. 14 OFFERED BY MR. GARRETT to consider amendment No. 12 printed in House Report 111–570. OF NEW JERSEY in House Report 111–570. Mr. PETERS. I have an amendment The Acting CHAIR. It is now in order Mr. PETERS. Madam Chair, I have at the desk. to consider amendment No. 14 printed an amendment at the desk. The Acting CHAIR. The Clerk will in House Report 111–570. The Acting CHAIR. The Clerk will designate the amendment. Mr. GARRETT of New Jersey. designate the amendment. The text of the amendment is as fol- Madam Chair, I have an amendment at The text of the amendment is as follows: the desk. lows: Page 33, line 15, after the dollar amount, The Acting CHAIR. The Clerk will Page 33, line 15, after the dollar amount, insert ‘‘(reduced by $150,000) (increased by $150,000)’’. designate the amendment. insert the following: ‘‘(reduced by $50,000) The text of the amendment is as fol- (increased by $50,000)’’. The Acting CHAIR. Pursuant to lows: The Acting CHAIR. Pursuant to House Resolution 1559, the gentleman Page 38, line 7, after the dollar amount, in- House Resolution 1559, the gentleman from Michigan (Mr. PETERS) and a sert the following: ‘‘(decreased by from Michigan (Mr. PETERS) and a Member opposed each will control 5 $7,000,000)’’. Member opposed each will control 5 minutes. Page 39, line 8, after the dollar amount, in- minutes. The Chair recognizes the gentleman sert the following: ‘‘(increased by The Chair recognizes the gentleman from Michigan. $7,000,000)’’. from Michigan. Mr. PETERS. Madam Chair, I yield The Acting CHAIR. Pursuant to Mr. PETERS. I yield myself such myself such time as I may consume. House Resolution 1559, the gentleman time as I may consume. Madam Chair, while I applaud the from New Jersey (Mr. GARRETT) and a Madam Chair, in the interests of progress this Congress has made in en- Member opposed each will control 5 common sense, I rise today to offer an suring that our Nation’s veterans re- minutes. amendment that will save taxpayer ceive the care they deserve, and the ef- The Chair recognizes the gentleman dollars by reducing waste in prescrip- forts of Secretary Shinseki in making from New Jersey. tion medications at the VA. Currently, the VA a more proactive institution, Mr. GARRETT of New Jersey. I whenever patients leave a VA hospital, we must continue to work to improve thank the Chair. leftover medications like eye drops and the responsiveness of the VA both in This amendment would increase the inhalers are just thrown away. Often, terms of treatment our veterans re- amount of funding for grants for con- veterans would have to go right to the ceive and the care with which the VA struction of States veterans cemeteries pharmacy to refill what was discarded. or any agency handles taxpayer money. by $7 million while reducing funding My amendment simply directs the It is in this spirit that I am offering for grants for construction of minor VA to implement a program that would my amendment to the MILCON-VA Ap- projects by an equal amount. re-label prescription drugs used in VA propriations Act. My amendment The VA provides funding for State hospitals to be sent home with dis- works to both increase the efficiency in veterans cemeteries through the grants charged patients for outpatient use. which the VA obligates funds, and the for construction of State veterans My amendment offers a simple, com- speed at which necessary contracts for cemeteries program. All pending monsense change that will save tax- supplies and services are fulfilled. projects are evaluated by the VA and payers an estimated $14 million over 10 The VA Office of Inspector General ranked in order of priority. This is not years, while saving patients both time audited a sample of over 18,000 VA con- an earmark program. It is a competi- and effort. tracts which identified some areas of tive ranking process.

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00081 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6246 CONGRESSIONAL RECORD — HOUSE July 28, 2010 The current priority list shows that fund our State veterans cemeteries. I though I appreciate the gentleman there are $121 million worth of projects believe in those cemeteries. I think from New Jersey’s intent, I do not be- where the State matching funds are al- they’re an important partnership believe that shortchanging important ready in place. More than half of these tween the Federal Government and our projects at the VA to improve and ex- projects—totaling $70 million—are still State governments. So I have abso- pand quality health care for our vet- awaiting Federal matching grants. Yet lutely no objection to his wanting to erans is the appropriate way to achieve the appropriations bill we are consid- try to find additional funding for State that goal. We have promised our vet- ering today provides only $46 million cemeteries. erans health care and decreases in for grants for construction of State However, I will object and ask my what is called the minor projects ac- veterans cemeteries. colleagues to vote ‘‘no’’ on this amend- count will actually jeopardize impor- The first priority for the State ceme- ment because of the way in which he tant projects all over the country, in- tery program is to provide funding for pays for it. While not intended in any cluding one in Richmond, Virginia. the expansion of existing cemeteries. way, it just turns out the money that I urge my colleagues to reject the The second priority is for the construc- he would be taking out of the VA amendment. Hopefully we can work tion of new cemeteries according to minor construction project would come out some other pay-for. But we do not geographical need. The third is for im- out of these specific projects: want it taken out of the projects in provements to existing cemeteries. So A domiciliary extended stay unit will Richmond, Virginia; Pennsylvania; and what this means is that existing ceme- not be replaced in Butler, Pennsyl- other projects around the country. teries which require improvements do vania; a kidney dialysis unit expansion Mr. EDWARDS of Texas. I now yield not receive the necessary funding. will not occur in Richmond, Virginia; to the gentleman from New York. For example, my State of New Jersey an ambulatory surgery center will not Mr. HALL of New York. Thank you, is home to the BGWC Doyle Veterans be completed in Albuquerque, New Mr. Chairman. Memorial Cemetery. This cemetery is Mexico; and an urgent care center will I rise in opposition to the amend- the busiest State veterans cemetery in not be renovated at Castle Point, New ment, although I do support the under- the Nation. On average, it has seven York. lying intent; but not, however, the pay- burials per day. For the past 2 years, So you have an amendment that for. the cemetery has had two important won’t even guarantee that even one One project that would be affected by improvement projects with State dime of this amendment’s funding will this cutback is the renovation of the grants in place, but there hasn’t been go to State veterans cemeteries in New urgent care center at Castle Point, sufficient funding for matching Federal Jersey. In fact, the last list I saw the New York, a VA hospital that was built grants. VA has put out officially has the New in 1926. It’s the oldest VA hospital in The following States also have a Jersey project significantly down the the country and has never undergone a State matching grant but have at least list. But regardless of that, I think it’s major renovation. The project would one unfunded project: Tennessee, Min- just not right to take funding out of dramatically increase urgent care ca- nesota, Kentucky, Alabama, California, these much-needed health care con- pacity at Castle Point and make the fa- Idaho, South Dakota, Hawaii, Mary- struction projects. cility more accommodating for female land, Montana, Virginia, Nevada and I would like to yield to the gen- veterans who are increasingly a large Maine. tleman from Pennsylvania (Mr. part of our force. To make matters worse, the State ALTMIRE) for any time he would care to I ask that before you vote on this veterans cemetery grant program has consume. measure, please take a moment to con- been underfunded over the past several Mr. ALTMIRE. I thank the chair- sider the unintended consequences and years, even though the number of man. the negative consequences, not just in World War II veterans that are needing Madam Chair, I rise in opposition to the Hudson Valley but across the coun- interments is rapidly increasing. VA the Garrett amendment to the Military try. and VFW officials at both the State Construction and Veterans Affairs ap- Mr. EDWARDS of Texas. Madam and national level agree that there is a propriations bill which would transfer Chair, do I have any time remaining? need for an overall increase to the an- $7 million in funding for the grants for The Acting CHAIR. The gentleman nual budget of the grants to State construction, minor projects account has 30 seconds remaining. cemeteries program. In fact, it is one of into another unrelated account. This Mr. EDWARDS of Texas. Let me just their top priorities. amendment would adversely affect vet- conclude by saying no one objects to This bipartisan amendment would in- erans in my district by shifting funding the gentleman’s goal. We would be glad crease the amount for this program by away from priority construction to try to work in good faith to see if we $7 million. This amendment would si- projects, such as the domiciliary ex- can find another pay-for to improve multaneously decrease by $7 million tended stay unit in Butler, Pennsyl- funding for our veterans cemeteries. the amount for the minor projects. vania. That facility is a vital source of But I will strongly object and ask my However, the construction of minor shelter and rehabilitation for homeless colleagues to vote ‘‘no’’ on this amend- project account is already fully funded veterans in western Pennsylvania, and ment because of the damage done to at a level that is $40 million above both I will not allow its upkeep and im- veterans at these facilities that need the VA and the President’s budget re- provement to be compromised by this the care that they would otherwise not quests. type of unwise amendment. get if this amendment is passed into Last year, during consideration of Last-minute shifts in funding for pa- law. the FY10 MILCON–VA appropriations rochial concerns take away from pri- I yield back the balance of my time. bill, I introduced an almost identical ority projects and plans that the VA Mr. GARRETT of New Jersey. amendment. The only difference was has determined to be necessary for vet- Madam Chair, I would just remind the that the amount of increase/decrease erans’ health and safety nationwide. I gentleman that the money you appro- was $4 million rather than $7 million. ask my colleagues to join me in strong- priated is already $40 million over what That amendment passed this House by ly opposing the Garrett amendment to the President asked for and also what voice vote. prevent harmful construction project the VA asked for. With that, I reserve the balance of cuts for the VA. I yield 1 minute to the gentleman my time. Mr. EDWARDS of Texas. I would like from New Jersey (Mr. LANCE). Mr. EDWARDS of Texas. Madam to now yield time to the gentleman Mr. LANCE. Madam Chair, I rise in Chair, I rise to claim time in opposi- from Virginia (Mr. SCOTT). support of Congressman GARRETT’s tion to the amendment. Mr. SCOTT of Virginia. Madam amendment also sponsored in a bipar- The Acting CHAIR. The gentleman is Chair, I too rise in opposition to the tisan capacity by Congressman ADLER recognized for 5 minutes. amendment. on the other side of the aisle and by Mr. EDWARDS of Texas. Madam As it has been said before, this would me. This is bipartisan in nature, and, Chair, I will salute the gentleman from jeopardize the dialysis unit in the of course, we believe that across the New Jersey for focusing on the need to McGuire Hospital in Richmond. Al- country, veterans and their families

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00082 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 28, 2010 CONGRESSIONAL RECORD — HOUSE H6247 are dealing with the hardships of over- The Acting CHAIR. Pursuant to Halvorson Markey (MA) Rogers (AL) Hare Marshall Rogers (KY) crowded and unkempt State ceme- clause 6 of rule XVIII, further pro- Harper Matheson Rogers (MI) teries. ceedings on the amendment offered by Hastings (FL) Matsui Rohrabacher For example, in New Jersey there is the gentleman from New Jersey will be Hastings (WA) McCarthy (CA) Rooney only one State veterans cemetery that postponed. Heinrich McCarthy (NY) Ros-Lehtinen Heller McCaul Roskam is currently available for new burials— ANNOUNCEMENT BY THE ACTING CHAIR Hensarling McClintock Ross the Doyle Veterans Memorial Ceme- The Acting CHAIR. Pursuant to Herger McCollum Rothman (NJ) tery in Wrightstown, in southern New clause 6 of rule XVIII, proceedings will Herseth Sandlin McCotter Royce Jersey, not in my district and not in Higgins McGovern Ruppersberger now resume on those amendments Hill McHenry Rush Congressman GARRETT’s district, but printed in House Report 111–570 on Himes McIntyre Ryan (WI) this is bipartisan in nature on our side which further proceedings were post- Hinojosa McKeon Salazar of the aisle; and certainly we think Hirono McMahon Sanchez, Loretta poned, in the following order: Hodes McMorris that this amendment will help fund Sarbanes Amendment No. 9 by Mr. GINGREY of Holden Rodgers Scalise these projects and reduce existing Georgia. Holt McNerney Schauer Hoyer Meek (FL) backlogs in the State veterans ceme- Amendment No. 14 by Mr. GARRETT Schiff Hunter Meeks (NY) Schmidt tery grant program. of New Jersey. Inglis Melancon I certainly concur with Congressman Schock The first electronic vote will be con- Issa Mica Schrader GARRETT’s point of view that the fund- Jackson (IL) Michaud Schwartz ducted as a 15-minute vote. The second Jenkins Miller (FL) ing is already over what has been re- electronic vote will be conducted as a Scott (GA) quested by the administration and we Johnson (IL) Miller (MI) Sensenbrenner 5-minute vote. Johnson, Sam Miller (NC) Serrano believe strongly that this is in the best Jones Miller, Gary AMENDMENT NO. 9 OFFERED BY MR. GINGREY OF Sessions interest of the United States. Jordan (OH) Miller, George GEORGIA Shadegg Mr. GARRETT of New Jersey. May I Kagen Minnick Shea-Porter The Acting CHAIR. The unfinished Kanjorski Mitchell Sherman inquire of the time remaining. Kaptur Mollohan business is the demand for a recorded Shimkus Kennedy Moore (KS) The Acting CHAIR. The gentleman Shuler vote on the amendment offered by the Kildee Moran (KS) from New Jersey has 1 minute remain- Shuster INGREY Kilpatrick (MI) Murphy (CT) gentleman from Georgia (Mr. G ) Simpson ing. Kilroy Murphy, Patrick on which further proceedings were Sires Mr. GARRETT of New Jersey. In con- Kind Murphy, Tim Skelton postponed and on which the ayes pre- King (IA) Myrick clusion, I will end where I started, and Smith (NE) vailed by voice vote. King (NY) Napolitano that is to say, there is a need for the Smith (NJ) Kingston Neal (MA) The Clerk will redesignate the Smith (TX) cemeteries not just in the state of New Kirk Neugebauer amendment. Space Jersey but across the country as well. Kirkpatrick (AZ) Nunes Speier In a bipartisan manner we passed this The Clerk redesignated the amend- Kissell Nye ment. Klein (FL) Oberstar Spratt bill with the support presumably from Kline (MN) Obey Stearns RECORDED VOTE the chairman last year in a similar Kosmas Olson Stupak manner as we are doing this year. As The Acting CHAIR. A recorded vote Kratovil Ortiz Sullivan Lamborn Owens Sutton was stated already, the amount of has been demanded. Tanner A recorded vote was ordered. Lance Pallone money that is already appropriated is Langevin Pascrell Taylor $40 million more than not only what The vote was taken by electronic de- Larsen (WA) Paul Teague vice, and there were—ayes 353, noes 69, Larson (CT) Paulsen Terry the White House wants but also what Thompson (CA) not voting 16, as follows: Latham Payne the VA wants. LaTourette Pence Thompson (MS) I do find it curious that the chairman [Roll No. 480] Latta Perlmutter Thompson (PA) is able to come to the floor and cite AYES—353 Lee (NY) Perriello Thornberry specifically what programs would be Levin Peters Tiberi Ackerman Burgess DeLauro Lewis (CA) Peterson Tierney cut when our staff tried diligently Aderholt Burton (IN) Dent Linder Petri Titus through the committee to ask them to Adler (NJ) Butterfield Deutch Lipinski Pitts Tonko identify exactly which ones would be Alexander Buyer Diaz-Balart, L. LoBiondo Platts Turner Altmire Calvert Diaz-Balart, M. Loebsack Poe (TX) Upton cut and we could never get an answer Arcuri Camp Dicks Lowey Polis (CO) Van Hollen from them as to what would be cut Austria Campbell Djou Lucas Pomeroy Visclosky whatsoever with regard to priorities. Baca Cantor Donnelly (IN) Luetkemeyer Posey Walden Bachmann Cao Doyle Now the chair comes and says, well, Luja´ n Price (GA) Walz Bachus Capito Dreier Lummis Putnam Weiner this program, this program, and this Barrett (SC) Capuano Driehaus Lungren, Daniel Radanovich Welch program will be cut. Barrow Cardoza Duncan E. Rahall Westmoreland Bartlett Carnahan Edwards (TX) Lynch Rangel Whitfield b 1840 Barton (TX) Carney Ellsworth Mack Rehberg Wilson (OH) Bean Carson (IN) Emerson How can anybody say it’s being cut Maffei Reichert Wilson (SC) Berkley Carter Eshoo Maloney Reyes Wittman when we’re already spending $40 mil- Berry Cassidy Etheridge Manzullo Richardson Wolf lion more than what the VA and the Biggert Castle Flake Marchant Rodriguez Yarmuth Bilbray Chaffetz Fleming Markey (CO) Roe (TN) Young (AK) administration is asking for? Bilirakis Chandler Forbes This is a duty that we owe to our vet- Bishop (GA) Childers Fortenberry NOES—69 Bishop (NY) erans, and we should do it in a proper Clarke Foster Baird Filner Nadler (NY) Bishop (UT) Clyburn Foxx manner, and we should do it now. We Baldwin Frank (MA) Norton Blackburn Coble Franks (AZ) Becerra Fudge Olver should not be pointing fingers saying Blunt Coffman (CO) Frelinghuysen Berman Garamendi Pastor (AZ) that we want a cut from this or a cut Boccieri Cole Gallegly Blumenauer Grijalva Boehner Conaway Garrett (NJ) Pierluisi from that. We have set out the pro- Bordallo Gutierrez Pingree (ME) Bonner Connolly (VA) Gerlach Braley (IA) Harman gram this year as we have done in the Bono Mack Conyers Giffords Price (NC) past. And we should meet that moral Capps Hinchey Quigley Boozman Cooper Gingrey (GA) Castor (FL) Honda Roybal-Allard obligation. Boren Costa Gohmert Christensen Inslee Ryan (OH) The Acting CHAIR. The question is Boswell Costello Gonzalez Chu Israel Sablan Boucher Courtney Goodlatte Clay Jackson Lee on the amendment offered by the gen- ´ Boustany Crenshaw Gordon (TN) Cohen (TX) Sanchez, Linda tleman from New Jersey (Mr. GAR- Boyd Critz Granger Davis (IL) Johnson (GA) T. RETT). Brady (PA) Cuellar Graves (GA) DeGette Johnson, E. B. Schakowsky Brady (TX) Culberson Graves (MO) Dingell Kucinich Scott (VA) The question was taken; and the Act- Bright Cummings Grayson ing Chair announced that the noes ap- Doggett Lee (CA) Sestak Broun (GA) Dahlkemper Green, Al Edwards (MD) Lofgren, Zoe Smith (WA) peared to have it. Brown (SC) Davis (CA) Green, Gene Ellison McDermott Snyder Mr. GARRETT of New Jersey. Brown, Corrine Davis (KY) Griffith Engel Moore (WI) Towns Brown-Waite, Davis (TN) Guthrie Madam Chair, I demand a recorded Farr Moran (VA) Tsongas Ginny DeFazio Hall (NY) Fattah Murphy (NY) Vela´ zquez vote. Buchanan Delahunt Hall (TX)

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00083 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6248 CONGRESSIONAL RECORD — HOUSE July 28, 2010 Wasserman Watt Wu Pascrell Roe (TN) Shadegg Shimkus Thompson (CA) Wasserman Schultz Waxman Paul Rogers (AL) Simpson Shuler Thompson (MS) Schultz Waters Woolsey Pence Rogers (KY) Sires Shuster Thompson (PA) Waters Petri Rogers (MI) Smith (NE) Skelton Thornberry NOT VOTING—16 Watt Pingree (ME) Rohrabacher Smith (NJ) Smith (WA) Tiberi Waxman Akin Faleomavaega Tiahrt Pitts Roskam Smith (TX) Snyder Tierney Weiner Andrews Fallin Wamp Poe (TX) Rothman (NJ) Stearns Space Titus Welch Cleaver Hoekstra Watson Price (GA) Ruppersberger Sullivan Speier Tonko Whitfield Spratt Towns Crowley Lewis (GA) Young (FL) Radanovich Ryan (WI) Walden Wilson (OH) Rahall Scalise Westmoreland Stark Tsongas Davis (AL) Slaughter Wittman Ehlers Stark Rangel Schmidt Wilson (SC) Stupak Turner Wolf Rehberg Sensenbrenner Wu Sutton Upton b 1911 Tanner Van Hollen Woolsey NOES—296 Taylor Vela´ zquez Yarmuth Mr. ELLISON, Ms. NORTON, Ms. Teague Visclosky Young (AK) LINDA T. SA´ NCHEZ of California, Ms. Ackerman Edwards (MD) Maloney Terry Walz Altmire Edwards (TX) Manzullo DEGETTE, Mr. TOWNS, Ms. JACKSON Arcuri Ellison Marchant NOT VOTING—14 Austria LEE of Texas, Mr. ISRAEL, Ms. Ellsworth Markey (CO) Akin Fallin Tiahrt Baca Engel Markey (MA) WASSERMAN SCHULTZ, Mr. CLAY, Andrews Hoekstra Wamp Baird Eshoo Marshall Crowley Lewis (GA) Watson Ms. SCHAKOWSKY, Ms. ROYBAL-AL- Baldwin Etheridge Matheson LARD, Messrs. DAVIS of Illinois, Ehlers Moran (KS) Young (FL) Barrow Farr Matsui Faleomavaega Slaughter DOGGETT, INSLEE, COHEN and Barton (TX) Fattah McCarthy (NY) SCOTT of Virginia changed their vote Bean Filner McCollum b 1919 Becerra Forbes McDermott from ‘‘aye’’ to ‘‘no.’’ Berkley Fortenberry McGovern Mr. ROONEY changed his vote from Mr. POLIS, Ms. RICHARDSON, Berman Foster McIntyre ‘‘aye’’ to ‘‘no.’’ Messrs. AL GREEN of Texas, Berry Frank (MA) McMorris Biggert Fudge Rodgers So the amendment was rejected. C SERRANO, M GOVERN, MINNICK and Bishop (GA) Garamendi McNerney The result of the vote was announced GEORGE MILLER of California Bishop (NY) Gerlach Meek (FL) as above recorded. changed their vote from ‘‘no’’ to ‘‘aye.’’ Blumenauer Gonzalez Meeks (NY) The Acting CHAIR. The Clerk will So the amendment was agreed to. Blunt Goodlatte Melancon Boccieri Gordon (TN) Miller (FL) read. The result of the vote was announced Boozman Granger Miller (NC) The Clerk read as follows: as above recorded. Bordallo Graves (GA) Miller, George This Act may be cited as the ‘‘Military Boren Grayson Minnick AMENDMENT NO. 14 OFFERED BY MR. GARRETT Construction and Veterans Affairs and Re- Boswell Green, Al Mollohan OF NEW JERSEY Boucher Green, Gene Moore (KS) lated Agencies Appropriations Act, 2011’’. The Acting CHAIR. The unfinished Boyd Griffith Moore (WI) The Acting CHAIR. Under the rule, business is the demand for a recorded Brady (PA) Grijalva Moran (VA) the Committee rises. Braley (IA) Gutierrez Murphy (CT) vote on the amendment offered by the Bright Hall (NY) Murphy (NY) Accordingly, the Committee rose; gentleman from New Jersey (Mr. GAR- Broun (GA) Halvorson Murphy, Patrick and the Speaker pro tempore (Ms. RETT) on which further proceedings Brown (SC) Hare Murphy, Tim BALDWIN) having assumed the chair, were postponed and on which the noes Brown, Corrine Harman Nadler (NY) Brown-Waite, Hastings (FL) Napolitano Ms. JACKSON LEE of Texas, Acting prevailed by voice vote. Ginny Heinrich Neal (MA) Chair of the Committee of the Whole The Clerk will redesignate the Buchanan Higgins Norton House on the State of the Union, re- amendment. Burgess Hill Oberstar ported that that Committee, having Butterfield Himes Obey The Clerk redesignated the amend- Camp Hinchey Olver had under consideration the bill (H.R. ment. Cao Hinojosa Ortiz 5822) making appropriations for mili- RECORDED VOTE Capps Hirono Owens tary construction, the Department of Capuano Holden Pastor (AZ) The Acting CHAIR. A recorded vote Cardoza Honda Paulsen Veterans Affairs, and related agencies has been demanded. Carnahan Hoyer Payne for the fiscal year ending September 30, A recorded vote was ordered. Carney Inglis Perlmutter 2011, and for other purposes, and pursu- Carson (IN) Inslee Perriello ant to House Resolution 1559, reported The Acting CHAIR. This will be a 5- Carter Israel Peters minute vote. Castle Jackson (IL) Peterson the bill back to the House with sundry The vote was taken by electronic de- Castor (FL) Jackson Lee Pierluisi amendments adopted in the Committee vice, and there were—ayes 128, noes 296, Chandler (TX) Platts of the Whole. Childers Jenkins Polis (CO) not voting 14, as follows: Christensen Johnson (GA) Pomeroy The SPEAKER pro tempore. Under [Roll No. 481] Chu Johnson, E. B. Posey the rule, the previous question is or- Clarke Jones Price (NC) AYES—128 dered. Clay Jordan (OH) Putnam Pursuant to House Resolution 1559, Aderholt Diaz-Balart, M. Lamborn Cleaver Kagen Quigley Adler (NJ) Dreier Lance Clyburn Kanjorski Reichert the question on adoption of the amend- Alexander Duncan Latham Coble Kaptur Reyes ments will be put en gros. Bachmann Emerson LaTourette Coffman (CO) Kennedy Richardson The question is on the amendments. Bachus Flake Lee (NY) Cohen Kildee Rodriguez Barrett (SC) Fleming Lewis (CA) Connolly (VA) Kilpatrick (MI) Rooney The amendments were agreed to. Bartlett Foxx Linder Conyers Kilroy Ros-Lehtinen The SPEAKER pro tempore. The Bilbray Franks (AZ) LoBiondo Cooper Kind Ross question is on the engrossment and Bilirakis Frelinghuysen Lucas Costa King (IA) Roybal-Allard third reading of the bill. Bishop (UT) Gallegly Lummis Costello Kingston Royce Blackburn Garrett (NJ) Lungren, Daniel Courtney Kirk Rush The bill was ordered to be engrossed Boehner Giffords E. Critz Kirkpatrick (AZ) Ryan (OH) and read a third time, and was read the Bonner Gingrey (GA) Mack Cuellar Kissell Sablan third time. Bono Mack Gohmert McCarthy (CA) Culberson Klein (FL) Salazar Boustany Graves (MO) McCaul Cummings Kosmas Sa´ nchez, Linda The SPEAKER pro tempore. The Brady (TX) Guthrie McClintock Dahlkemper Kratovil T. question is on the passage of the bill. Burton (IN) Hall (TX) McCotter Davis (AL) Kucinich Sanchez, Loretta Under clause 10 of rule XX, the yeas Buyer Harper McHenry Davis (CA) Langevin Sarbanes and nays are ordered. Calvert Hastings (WA) McKeon Davis (IL) Larsen (WA) Schakowsky Campbell Heller McMahon Davis (TN) Larson (CT) Schauer The vote was taken by electronic de- Cantor Hensarling Mica DeGette Latta Schiff vice, and there were—yeas 411, nays 6, Capito Herger Michaud Delahunt Lee (CA) Schock not voting 15, as follows: Cassidy Herseth Sandlin Miller (MI) DeLauro Levin Schrader Chaffetz Hodes Miller, Gary Dent Lipinski Schwartz [Roll No. 482] Cole Holt Mitchell Dicks Loebsack Scott (GA) YEAS—411 Conaway Hunter Myrick Dingell Lofgren, Zoe Scott (VA) Ackerman Arcuri Baird Crenshaw Issa Neugebauer Djou Lowey Serrano Aderholt Austria Baldwin Davis (KY) Johnson (IL) Nunes Doggett Luetkemeyer Sessions Adler (NJ) Baca Barrett (SC) DeFazio Johnson, Sam Nye Donnelly (IN) Luja´ n Sestak Alexander Bachmann Barrow Deutch King (NY) Olson Doyle Lynch Shea-Porter Altmire Bachus Bartlett Diaz-Balart, L. Kline (MN) Pallone Driehaus Maffei Sherman

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00084 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 28, 2010 CONGRESSIONAL RECORD — HOUSE H6249 Barton (TX) Edwards (MD) Langevin Price (GA) Schauer Teague H.R. 5872 Price (NC) Schiff Terry Bean Edwards (TX) Larsen (WA) Be it enacted by the Senate and House of Rep- Becerra Ellison Larson (CT) Putnam Schmidt Thompson (CA) Berkley Ellsworth Latham Quigley Schock Thompson (MS) resentatives of the United States of America in Berman Emerson LaTourette Radanovich Schrader Thompson (PA) Congress assembled, Berry Engel Latta Rahall Schwartz Thornberry SECTION 1. SHORT TITLE. Biggert Eshoo Lee (CA) Rangel Scott (GA) Tiberi This Act may be cited as the ‘‘General and Bilbray Etheridge Lee (NY) Rehberg Scott (VA) Tierney Special Risk Insurance Funds Availability Bilirakis Farr Levin Reichert Serrano Titus Act of 2010’’. Bishop (GA) Fattah Lewis (CA) Reyes Sessions Tonko Bishop (NY) Filner Linder Richardson Sestak Towns SEC. 2. ADEQUATE COMMITMENT AUTHORITY. Bishop (UT) Fleming Lipinski Rodriguez Shadegg Tsongas Notwithstanding any other provision of Blackburn Forbes LoBiondo Roe (TN) Shea-Porter Turner law, for fiscal year 2010 the Secretary of Blumenauer Fortenberry Loebsack Rogers (AL) Sherman Upton Housing and Urban Development may enter Rogers (KY) Shimkus Van Hollen Blunt Foster Lofgren, Zoe into commitments to guarantee loans, as au- Boccieri Foxx Lowey Rogers (MI) Shuler Vela´ zquez Boehner Frank (MA) Lucas Rohrabacher Shuster Visclosky thorized by sections 238 and 519 of the Na- Bonner Franks (AZ) Luetkemeyer Rooney Simpson Walden tional Housing Act (12 U.S.C. 1715z–3 and Bono Mack Frelinghuysen Luja´ n Ros-Lehtinen Sires Walz 1735c), in an amount not exceeding Boozman Fudge Lummis Roskam Skelton Wasserman $20,000,000,000 in total loan principal, any Boren Gallegly Lungren, Daniel Ross Smith (NE) Schultz part of which is to be guaranteed. Rothman (NJ) Smith (NJ) Watt Boswell Garamendi E. SEC. 3. BUDGETARY EFFECTS. Boucher Garrett (NJ) Lynch Roybal-Allard Smith (TX) Waxman Boustany Gerlach Mack Royce Smith (WA) Weiner The budgetary effects of this Act, for the Boyd Giffords Maffei Ruppersberger Snyder Welch purpose of complying with the Statutory Brady (PA) Gingrey (GA) Maloney Rush Space Westmoreland Pay-As-You-Go- Act of 2010, shall be deter- Brady (TX) Gohmert Manzullo Ryan (OH) Speier Whitfield mined by reference to the latest statement Bright Gonzalez Marchant Ryan (WI) Spratt Wilson (OH) titled ‘‘Budgetary Effects of PAYGO Legisla- Broun (GA) Goodlatte Markey (CO) Salazar Stark Wilson (SC) Sa´ nchez, Linda Stearns Wittman tion’’ for this Act, submitted for printing in Brown (SC) Gordon (TN) Markey (MA) the Congressional Record by the Chairman of Brown, Corrine Granger Marshall T. Stupak Wolf Sanchez, Loretta Sullivan Woolsey the House Budget Committee, provided that Brown-Waite, Graves (GA) Matheson Sarbanes Sutton Wu Ginny Graves (MO) Matsui such statement has been submitted prior to Scalise Tanner Yarmuth Buchanan Grayson McCarthy (CA) the vote on passage. Schakowsky Taylor Young (AK) Burgess Green, Al McCarthy (NY) The SPEAKER pro tempore. Pursu- Burton (IN) Green, Gene McCaul NAYS—6 ant to the rule, the gentleman from Butterfield Griffith McClintock Buyer Grijalva McCollum Campbell Flake Paul Massachusetts (Mr. FRANK) and the Calvert Guthrie McCotter Duncan Johnson (IL) Sensenbrenner gentlewoman from West Virginia (Mrs. Camp Gutierrez McDermott NOT VOTING—15 CAPITO) each will control 20 minutes. Cantor Hall (NY) McGovern Cao Hall (TX) McHenry Akin Fallin Tiahrt The Chair recognizes the gentleman Capito Halvorson McIntyre Andrews Hoekstra Wamp from Massachusetts. Capps Hare McKeon Braley (IA) Lewis (GA) Waters Capuano Harman McMahon Crowley Moran (KS) Watson b 1940 Ehlers Slaughter Young (FL) Cardoza Harper McMorris GENERAL LEAVE Carnahan Hastings (FL) Rodgers ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Carney Hastings (WA) McNerney Mr. FRANK of Massachusetts. I ask Carson (IN) Heinrich Meek (FL) The SPEAKER pro tempore (during unanimous consent that all Members Carter Heller Meeks (NY) the vote). Members have 2 minutes re- have 5 legislative days within which to Cassidy Hensarling Melancon maining in this vote. revise and extend their remarks and to Castle Herger Mica Castor (FL) Herseth Sandlin Michaud b 1937 insert extraneous materials on this Chaffetz Higgins Miller (FL) bill. Chandler Hill Miller (MI) So the bill was passed. The SPEAKER pro tempore. Is there Childers Himes Miller (NC) The result of the vote was announced objection to the request of the gen- Chu Hinchey Miller, Gary as above recorded. Clarke Hinojosa Miller, George tleman from Massachusetts? Clay Hirono Minnick A motion to reconsider was laid on There was no objection. Cleaver Hodes Mitchell the table. Mr. FRANK of Massachusetts. Mr. Clyburn Holden Mollohan Coble Holt Moore (KS) f Speaker, I yield myself such time as I Coffman (CO) Honda Moore (WI) may consume. ANNOUNCEMENT BY THE SPEAKER Cohen Hoyer Moran (VA) The FHA has become a very success- Cole Hunter Murphy (CT) PRO TEMPORE Conaway Inglis Murphy (NY) ful program. It has taken up a lot of Connolly (VA) Inslee Murphy, Patrick The SPEAKER pro tempore (Mr. the slack that was created by problems Conyers Israel Murphy, Tim TONKO). Pursuant to clause 8 of rule elsewhere in the housing area. It is Cooper Issa Myrick XX, the Chair will postpone further being run very well. Secretary Dono- Costa Jackson (IL) Nadler (NY) Costello Jackson Lee Napolitano proceedings today on motions to sus- van and Administrator Stevens deserve Courtney (TX) Neal (MA) pend the rules on which a recorded vote a great deal of credit. Crenshaw Jenkins Neugebauer or the yeas and nays are ordered, or on In a bipartisan way, the Committee Critz Johnson (GA) Nunes which the vote incurs objection under Cuellar Johnson, E. B. Nye on Financial Services has cooperated Culberson Johnson, Sam Oberstar clause 6 of rule XX. with them. We recently passed a bill, Cummings Jones Obey Record votes on postponed questions again a bipartisan bill, and the ranking Dahlkemper Jordan (OH) Olson will be taken later. member of the Housing Subcommittee, Davis (AL) Kagen Olver Davis (CA) Kanjorski Ortiz f the gentlewoman from West Virginia Davis (IL) Kaptur Owens (Mrs. CAPITO) is here, to enhance their Davis (KY) Kennedy Pallone GENERAL AND SPECIAL RISK IN- authority to allow them to do a better Davis (TN) Kildee Pascrell SURANCE FUNDS AVAILABILITY job statutorily of guarding against DeFazio Kilpatrick (MI) Pastor (AZ) ACT OF 2010 DeGette Kilroy Paulsen abuse and fraud. Delahunt Kind Payne Mr. FRANK of Massachusetts. Mr. The program’s been sufficiently suc- DeLauro King (IA) Pence Speaker, I move to suspend the rules cessful so that they have now run out Dent King (NY) Perlmutter Deutch Kingston Perriello and pass the bill (H.R. 5872) to provide of commitment authority. This bill Diaz-Balart, L. Kirk Peters adequate commitment authority for would give them $5 billion more in Diaz-Balart, M. Kirkpatrick (AZ) Peterson fiscal year 2010 for guaranteed loans commitment authority. But it is not Dicks Kissell Petri Dingell Klein (FL) Pingree (ME) that are obligations of the General and an expenditure. Indeed, it is the oppo- Djou Kline (MN) Pitts Special Risk Insurance Funds of the site. This will save $94 million because Doggett Kosmas Platts Department of Housing and Urban De- we have structured the FHA today, and Donnelly (IN) Kratovil Poe (TX) velopment, as amended. it’s being run in a way that it makes a Doyle Kucinich Polis (CO) Dreier Lamborn Pomeroy The Clerk read the title of the bill. small profit for the Federal Govern- Driehaus Lance Posey The text of the bill is as follows: ment.

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00085 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6250 CONGRESSIONAL RECORD — HOUSE July 28, 2010 If we do not pass this bill before the could be at risk of losing time-sensitive fi- delay or loss of bringing affordable housing end of next week, us first and then the nancing and subsidy commitments as a re- to those people who need it so much. Senate, the FHA program will stop sult. Properties with maturing loans that Again, NAHB supports H.R. 5872 and urges must refinance could be at risk of losing the your support on the House floor. This crit- until October. That will deny people only source of refinancing available in the ical legislation will benefit thousands of peo- housing, and this is housing, homeown- market at this time. The consequence is the ple who need affordable rental housing and ership and other forms of housing, that delay or loss of bringing affordable housing health care facilities, as well as provide is responsibly done. It will be a further to those people who need it so much. needed construction jobs in this difficult shot to the housing sector of the econ- As you know, during this period of signifi- economy. omy which is so important. cant turmoil in the credit markets, FHA’s Best regards, I add letters from the American multifamily and health care programs have JOE STANTON, been a critical source of stable and afford- Bankers Association and a joint letter Senior Vice President, able financing. We cannot afford a suspen- Government Affairs. from virtually every organization that sion of these important programs now. deals with housing from the standpoint We strongly urge Congress to act expedi- MORTGAGE BANKERS ASSOCIATION, of consumers, or from the standpoint of tiously to provide FHA with the additional Washington, DC, July 28, 2010. financing, also from the standpoint of commitment authority it is seeking. Failure Hon. BARNEY FRANK, people in the business of providing to do so before Congress recesses this sum- Chairman, Committee on Financial Services, housing. So providers of housing, mer will cause significant disruptions to fi- House of Representatives, Washington, DC. nancing for apartment, hospital, and health Hon. SPENCER BACHUS, financers of housing, sellers of housing, care facilities that serve millions of Ameri- consumers of housing all agree that we Ranking Member, Committee on Financial Serv- cans. ices, House of Representatives, Washington, need this bill. We thank you in advance for your support DC. It should not be controversial be- for H.R. 5872. DEAR CHAIRMAN FRANK AND RANKING MEM- cause it extends a very successful pro- Sincerely, BER BACHUS: On behalf of the Mortgage gram, stops it from being interrupted American Health Care Association; Bankers Association, I want to thank you for between now and October, and it will American Association of Homes and your leadership in quickly moving H.R. 5872, Services for the Aging; American Sen- present savings of $94 million. the General and Special Risk Insurance iors Housing Association; Assisted Liv- Funds Availability Act of 2010, to the House I reserve the balance of my time. ing Federation of America; Coalition Mrs. CAPITO. Mr. Speaker, just floor. This legislation is urgently needed to for Seniors Health Care Reform; Coun- avert a looming shutdown in the Federal briefly, I would like to join with the cil for Affordable Rural Housing; Com- Housing Administration’s multifamily pro- chairman of the full committee, Mr. mittee on Health Care Financing; grams. FRANK, in full support of this bill. I Housing Partnership Network; Insti- Recently, FHA notified Congress that it would also like to thank the Appro- tute of Real Estate Management; Insti- was close to exhausting its commitment au- priations Committee for letting us tute for Responsible Housing Preserva- thority to insure multifamily mortgages, tion; Mortgage Bankers Association; and that an additional $5 billion would be bump up two bills so we could get National Apartment Association; Na- ahead a little bit on our evening. needed to keep the programs running tional Affordable Housing Management through the end of the fiscal year. FHA’s I would like to reiterate just very Association; National Association of multifamily programs have been a critical quickly that this FHA program is a Affordable Housing Lenders; National source of stable and affordable financing dur- critical source of financing for afford- Association of Home Builders; National ing the current downturn in the credit mar- able rental housing, and I am in full Association of Realtors; National kets. We simply cannot afford a suspension agreement that we should pass this Council of State Housing Agencies; Na- of these important programs now. bill, as it will help to mitigate any dis- tional Leased Housing Association; Na- It is also important to note that the au- tional Multi Housing Council; New ruptions in the housing market. thorization of commitment authority is not York Housing Coalition; Settlement the same as a direct appropriation and does I have no further speakers, and I Housing Fund; Stewards of Affordable not come with a cost to taxpayers. In fact, yield back the balance of my time. Housing for the Future; Volunteers of because FHA collects premiums to guard Mr. FRANK of Massachusetts. I yield America. against the risk of default, the additional $5 myself 11⁄2 minutes to say that some of billion in commitment authority is esti- the homeownership parts will continue, NATIONAL ASSOCIATION OF HOME mated to generate $94 million to the U.S. but there are very important pieces BUILDERS, Treasury. here involving health care facilities, Washington, DC, July 28, 2010. We urge the House to approve this bill so Hon. BARNEY FRANK, involving multi-family housing, and that we keep these important multifamily House of Representatives, programs up and running. there is some homeownership which Washington, DC. Sincerely, would be lost if we were not able to do DEAR REPRESENTATIVE FRANK: On behalf of WILLIAM P. KILLMER, this. So I am glad to be joined by my the 175,000 members of the National Associa- Senior Vice-President, colleague from West Virginia, and I tion of Home Builders (NAHB), I am writing Legislative and Political Affairs. hope that the House will promptly pass to express our strong support for H.R. 5872, this bill and that the Senate will even the General and Special Risk Insurance NATIONAL MULTI HOUSING COUNCIL Funds Availability Act of 2010. H.R. 5872 AND NATIONAL APARTMENT ASSO- promptly pass this bill, although that’s would increase the commitment authority always a greater hope. CIATION, for fiscal year 2010 for the General and Spe- Washington, DC, July 28, 2010. JULY 28, 2010. cial Risk Program Account of the U.S. De- U.S. HOUSE OF REPRESENTATIVES, Hon. BARNEY FRANK, partment of Housing and Urban Develop- Washington, DC. House of Representatives, ment. Without the proposed $5 billion in- DEAR REPRESENTATIVE: The National Multi Washington, DC. crease, the Federal Housing Administration Housing Council (NMHC) and National DEAR REPRESENTATIVE FRANK: Our organi- (FHA) could be forced to shut down the mul- Apartment Association (NAA) urge imme- zations would like to express strong support tifamily and health care facilities mortgage diate action on H.R. 5872, the ‘‘General and for H.R. 5872, The General and Special Risk insurance programs. FHA recently notified Special Risk Insurance Funds Availability Insurance Funds Availability Act of 2010. Re- Congress that without this increase, the Act of 2010’’, to prevent an imminent shut- cently, the Federal Housing Administration agency’s current limitation would be fully down of the FHA multifamily loan program. (FHA) notified Congress that it had exceeded exhausted by late August or September, in Absent Congressional action the multi- 75 percent of its commitment authority to advance of the end of the fiscal year. family and health care insurance programs insure mortgages under the General Insur- The FHA multifamily and health care will shut down. As a result, needed afford- ance and Special Risk Insurance (GI/SRI) mortgage insurance programs are critically able rental housing and health care facilities Fund. FHA Commissioner David Stevens fur- needed during this period of significant tur- could be at risk of losing time-sensitive fi- ther warned that without an additional $5 moil in the credit markets. Without addi- nancing and subsidy commitments. Prop- billion in commitment authority, the agen- tional commitment authority, needed afford- erties with maturing loans that must refi- cy’s current limitation would be fully ex- able rental housing and health care facilities nance could be at risk of losing the only hausted by late August or September. could be at risk of losing time-sensitive fi- source of refinancing available in the market FHA is now facing the real possibility that nancing and subsidy commitments as a re- at this time. The consequence is the delay or it will have to shut down the multifamily sult. Properties with maturing loans that loss of bringing affordable housing to those and health care insurance programs. Without must refinance could be at risk of losing the people who need it so much. swift passage of H.R. 5872, needed affordable only source of refinancing available in the As required, the Federal Housing Adminis- rental housing and health care facilities market at this time. The consequence is the tration (FHA) notified Congress that it had

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00086 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 28, 2010 CONGRESSIONAL RECORD — HOUSE H6251 exceeded 75 percent of its commitment au- UNITED STATES PATENT AND the U.S. Patent and Trademark Office thority to insure mortgages under the Gen- TRADEMARK OFFICE SUPPLE- are fully financed by user fees. And eral Insurance and Special Risk Insurance MENTAL APPROPRIATIONS ACT, every year Congress appropriates an (GI/SRI) Fund. FHA Commissioner David 2010 amount for the agency’s activities that Stevens further warned that without an additional $5 billion in commitment authority, Mr. MOLLOHAN. Mr. Speaker, I is equal to what the agency estimates the agency’s current limitation would be move to suspend the rules and pass the it will collect in fees. fully exhausted by late August or Sep- bill (H.R. 5874) making supplemental Based on higher-than-estimated fee tember. Without swift action, that warning appropriations for the United States collections to date in fiscal year 2010, it is now a reality. Patent and Trademark Office for the appears that the agency could poten- As you know, during this period of signifi- tially collect more in fees this year cant turmoil in the credit markets, FHA’s fiscal year ending September 30, 2010, and for other purposes. than was earlier estimated, and these multifamily and health care programs have additional fees would be unavailable to been a critical source of stable and afford- The Clerk read the title of the bill. able financing. We cannot afford a suspen- The text of the bill is as follows: the agency this year under its current sion of these important programs. H.R. 5874 2010 appropriation level. NMHC and NAA strongly urge passage of Be it enacted by the Senate and House of Rep- What this bill, Mr. Speaker, will do, this critical legislation. resentatives of the United States of America in is allow USPTO to spend up to an addi- Sincerely, Congress assembled, That the following sums tional $129 million in patent and trade- DOUGLAS M. BIBBY, are appropriated, out of any money in the mark fees if the agency actually col- President, National Treasury not otherwise appropriated for the lects fees over and above the current Multi Housing fiscal year ending September 30, 2010, and for appropriation level of $1.887 billion. Council. other purposes, namely: This additional appropriation was re- DOUGLAS S. CULKIN, CAE, DEPARTMENT OF COMMERCE President, National quested by President Obama’s adminis- UNITED STATES PATENT AND TRADEMARK Apartment Associa- tration and is based on a revised CBO OFFICE tion. estimate of the agency’s fee collections For an additional amount for ‘‘Salaries I yield back the balance of my time. for fiscal year 2010. This bill reflects and Expenses’’ of the United States Patent the administration’s and Congress’s The SPEAKER pro tempore. The and Trademark Office, $129,000,000, to remain question is on the motion offered by available until expended: Provided, That the commitment to make fee revenue the gentleman from Massachusetts sum herein appropriated from the general available to USPTO for patent and (Mr. FRANK) that the House suspend fund shall be reduced as offsetting collec- trademark activities. the rules and pass the bill, H.R. 5872, as tions assessed and collected pursuant to 15 The timely and efficient processing amended. U.S.C. 1113 and 35 U.S.C. 41 and 376 are re- of patent and trademark applications ceived during fiscal year 2010, so as to result is critical to the competitiveness of The question was taken; and (two- in a fiscal year 2010 appropriation from the thirds being in the affirmative) the American businesses and the contribu- general fund estimated at $0: Provided fur- tions of individual inventors to eco- rules were suspended and the bill, as ther, That during fiscal year 2010, should the amended, was passed. total amount of offsetting fee collections be nomic growth. The USPTO currently A motion to reconsider was laid on less than $2,016,000,000, this amount shall be takes an average of over 34 months to the table. reduced accordingly. complete the examination of patent ap- BUREAU OF THE CENSUS plication and has maintained a backlog f PERIODIC CENSUSES AND PROGRAMS of unexamined applications for several Of funds made available under this heading years. There are approximately 1.2 mil- REPORT ON RESOLUTION PRO- lion patent applications now in the sys- VIDING FOR CONSIDERATION OF by Public Law 111–117, $129,000,000 are hereby rescinded. tem, with over 750,000 awaiting an ini- H.R. 5893, INVESTING IN AMER- This Act may be cited as the ‘‘United tial review by a USPTO patent exam- ICAN JOBS AND CLOSING TAX States Patent and Trademark Office Supple- iner. LOOPHOLES ACT OF 2010 mental Appropriations Act, 2010’’. We should be clear, however, about Mr. ARCURI, from the Committee on The SPEAKER pro tempore. Pursu- what this bill will do and what this bill Rules, submitted a privileged report ant to the rule, the gentleman from will not do. If the additional fees are (Rept. No. 111–577) on the resolution (H. West Virginia (Mr. MOLLOHAN) and the actually collected in the remaining Res. 1568) providing for consideration gentleman from Virginia (Mr. WOLF) weeks of the fiscal year, the additional of the bill (H.R. 5893) to amend the In- each will control 20 minutes. $129 million in budget authority pro- ternal Revenue Code of 1986 to create The Chair recognizes the gentleman vided by this bill will begin to help the jobs through increased investment in from West Virginia. agency address the ongoing patent infrastructure, to eliminate loopholes GENERAL LEAVE pendency and backlogs. Mr. MOLLOHAN. Mr. Speaker, I ask which encourage companies to move b 1950 operations offshore, and for other pur- unanimous consent that all Members poses, which was referred to the House have 5 legislative days to revise and ex- Mr. Speaker, what this bill will not Calendar and ordered to be printed. tend their remarks on H.R. 5874. do is fix the underlying structural The SPEAKER pro tempore. Is there flaws in USPTO’s revenue mechanisms f objection to the request of the gen- that are the major cause for the patent pendency and backlog problems that REPORT ON RESOLUTION PRO- tleman from West Virginia? There was no objection. have plagued USPTO for years. The VIDING FOR CONSIDERATION OF Mr. MOLLOHAN. Mr. Speaker, I only path to a meaningful and perma- H.R. 5850, TRANSPORTATION, yield myself such time as I may con- nent reduction in patent pendency and HOUSING AND URBAN DEVELOP- sume. the backlog is for stakeholders to sup- MENT, AND RELATED AGENCIES Mr. Speaker, the United States Pat- port, and Congress to approve, new fee APPROPRIATIONS ACT, 2011 ent and Trademark Office, on an an- authorities for USPTO that will lead to Mr. ARCURI, from the Committee on nual basis practically, has budgetary patent fees that reflect the actual cost Rules, submitted a privileged report problems. It arises from the system to the agency and to our government. (Rept. No. 111–578) on the resolution (H. under which they are funded and esti- But that is beyond the scope of this ap- Res. 1569) providing for consideration mate their own finances, and the Ap- propriations bill. of the bill (H.R. 5850) making appro- propriations Committee responds to Before concluding, Mr. Speaker, I priations for the Departments of that. It’s imperfect because their pre- want to reiterate that the Appropria- Transportation, and Housing and dictions are obviously imperfect. They tions Committee consistently appro- Urban Development, and related agen- are talking about revenues that they priates budget authority for USPTO cies for the fiscal year ending Sep- may or may not receive into the fu- based on the agency’s own estimates of tember 30, 2011, and for other purposes, ture. fee collections, and the current year which was referred to the House Cal- This legislation addresses their con- appropriation was no exception to this endar and ordered to be printed. cerns for this year. The activities of rule. The administration’s request for

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00087 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6252 CONGRESSIONAL RECORD — HOUSE July 28, 2010 this supplemental appropriation is ‘‘You haven’t been up here to talk to duce this unacceptable backlog. As the based on higher-than-expected fee col- anybody.’’ Just because the party in gentleman points out, in a negative lections. power happens to be the majority way, that’s not known really until it In cases where fees collected by party, this ought to be an issue of non- happens or if the trend line begins to USPTO but not appropriated in an an- partisan, or bipartisan working to- become apparent; and it is becoming nual appropriations bill are credited to gether. But again it all just sort of apparent. a specific account within the general rolls out and comes up. We’re going on recess here in a cou- Treasury, those additional resources Finally, I would just say that this ple of days. It would be great to have can be made available for appropria- issue could have easily been addressed notice on everything; a week in ad- tion to USPTO in subsequent appro- in regular order, either in committee vance, or 3 days in advance or when- priations acts, such as the one we are markup or on the supplemental where I ever in advance it would be satisfac- considering today. am sure the chairman, Mr. MOLLOHAN, tory. This is a pretty simple proposal While the bill before us today will as we go to conference on a bill—and I actually and I don’t think it’s difficult not address the underlying problems at appreciate the leadership of Mr. MOL- to understand. USPTO, it will provide additional relief LOHAN on the committee—we could I must say we on the majority side to the agency as it seeks to address the have rolled it in for timely action on weren’t noticed many minutes before patent backlog issue, and I urge my the FY11 CJS appropriations bill. I the minority was about the approach colleagues to support it. don’t know why we’re doing it at this to this. I know the gentleman is—or I Mr. Speaker, I reserve the balance of hour. believe from his remarks and his atti- my time. Secondly, anytime one party pushes tude in the past with regard to recog- Mr. WOLF. Mr. Speaker, I yield my- the other party, and I would say this to nizing USPTO’s needs, not a current self such time as I may consume. my own party. If we ever get back into but its structural needs of how you Yesterday the House passed a supple- the majority, we ought to be sure that fund it, is certainly not opposing this. mental appropriations bill under sus- we treat the minority the way that we I just wanted to assure him that pension of the rules. I think—and I wanted to be treated when we were in there is no intent on our part in any would ask somebody to look—I think the minority, because there were times way to mislead the gentleman. this Congress, and every Congress has a past when we were in the majority that Mr. WOLF. If the gentleman will history and has a name. I think this we maybe treated the minority in ways yield, I just want the record to show will be called ‘‘the suspension Con- that we should not have treated them. that Mr. MOLLOHAN and his staff have gress.’’ We have taken more legislation And so I would just say, speaking been very fair. And I would not want to up under suspension of the rules, with- only for myself, but the party that I have the connection of what I said ear- out any opportunity for people to be of- belong to, I think it’s important if or lier with regard to that. Mr. MOLLOHAN fering amendments. I think whatever when we return to the majority that and his entire staff have been very, side you’re on, whatever party you’re we have respect for the minority, to very fair and have treated us very, very in, there really ought to be the oppor- notify them and tell them and do ev- well. I didn’t want that to be inferred. With that, I thank the gentleman. tunity for Members to offer amend- erything we possibly can to make sure Mr. MOLLOHAN. I would be very ments. that we’re doing things in a bipartisan chagrined if we ever did anything but And so I think, I don’t know how you basis, particularly on bills that are not treat the gentleman fair. He is an out- would do it, but I officially would re- Republican or Democrat but are good quest that maybe the Clerk of the standing Member of the Congress. for the country. Mr. Speaker, a lot of Members are House look to see how many bills at With that, I would reserve the bal- very interested in USPTO and inter- the end of this year were passed by sus- ance of my time. ested in fixing it on the authorizing pension and to see if I was right by Mr. MOLLOHAN. Mr. Speaker, I note side and, of course, on the appropria- calling this ‘‘the suspension Congress.’’ the distinguished ranking member’s tions side. We are now resorting to considering comments about ‘‘the suspension Con- an odds and ends bill at the end again gress’’ and lack of notice with regard b 2000 on suspension. This bill could clearly to pieces of legislation. Three of those many Members who be put on our own bill. On July 12, the I would just point out that, first of are particularly interested in USPTO administration requested language to all, he is very familiar with this bill have cosponsored this legislation. One allow the Patent and Trademark Office and very familiar with the USPTO. He of them is PATRICK MURPHY of Pennsyl- to spend an additional $129 million in has handled this legislation very com- vania. Mr. MURPHY is here to speak on fiscal year 2010, with the desired effect petently as chairman and as ranking the legislation. The other two are being the reduction of backlogs in member and as a member of the com- Chairman CONYERS and Chairman processing patent applications. mittee. So he is very familiar, I know, MORAN: Chairman CONYERS in the au- The bill before the House does that, with the subject matter of which we thorizing committee, and Chairman and fully offsets the spending, as re- speak and the difficulty that USPTO MORAN is a distinguished member of quested, with a rescission from excess faces because of the structural nature the Appropriations Committee. I just amounts appropriated for the 2010 Cen- of the way it achieves funding every want to note that they’ve been at the sus. The language in the bill differs year. forefront of fighting for PTO and ade- somewhat from the language requested He also knows that their estimating quate funding so that they can reduce by the administration. I personally— at the beginning of the year is an im- the backlog of which we speak today. and maybe others on the committee perfect process because it’s a pre- Mr. MURPHY is a young Member, a had—but personally I have not seen the diction and it’s based upon that pre- distinguished member of the Com- bill until today after it had been placed diction coming true in the future and merce, Justice, Science Subcommittee on the suspension calendar. So you’re it rarely does. They are either under- which funds USPTO. He’s taken a par- going to bring a bill up under suspen- estimating, or they overestimate. In ticular interest in this issue, becoming sion and the minority, maybe other this case they have financial needs very knowledgeable about it, and has people in the minority, but we haven’t that can be better met with this addi- been in the forefront of moving this been given the opportunity even to see tional $129 million. And the good news legislation that would help them. it. Since there was no subcommittee or for USPTO is that they underestimated It is my pleasure to yield 2 minutes full committee consideration and no last year. Consequently, if they con- to the gentleman from Pennsylvania discussion with the minority prior to tinue to collect fees at the current (Mr. MURPHY). introduction, I don’t know why the rate, they will collect $129 million Mr. PATRICK J. MURPHY of Penn- changes were made to the request. It more than they projected. sylvania. Mr. Speaker, I thank Chair- sort of says we’re not going to talk to Given that, it is only right that we man MOLLOHAN. I appreciate your lead- the minority; we’re not going to dis- try to address those needs in the con- ership on this issue and allowing me to cuss these things. Frankly I would tell text of their newly projected fee collec- partner with you on this important the Patent and Trademark Office, tions so that they will be able to re- piece of legislation.

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00088 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 28, 2010 CONGRESSIONAL RECORD — HOUSE H6253 Mr. Speaker, we need to continue to EMERGENCY BORDER SECURITY available until September 30, 2011, for Oper- get our economy back on the right SUPPLEMENTAL APPROPRIA- ation Stonegarden. track, and this bill is about boosting TIONS ACT, 2010 FEDERAL LAW ENFORCEMENT TRAINING CENTER American technology and innovation. Mr. PRICE of North Carolina. Mr. SALARIES AND EXPENSES It’s about making things in America Speaker, I move to suspend the rules again. Right now, at an office building and pass the bill (H.R. 5875) making For an additional amount for ‘‘Salaries and Expenses’’, $8,100,000, to remain avail- outside of Washington, D.C., over 1 mil- emergency supplemental appropria- lion patent applications sit gathering able until September 30, 2011, for costs to tions for border security for the fiscal provide basic training for new U.S. Customs dust. Hundreds of thousands have yet year ending September 30, 2010, and for and Border Protection Officers and Border to be looked at for the first time. other purposes. Patrol agents. Those applications could be the next The Clerk read the title of the bill. GENERAL PROVISIONS iPhone, the next Netbook, or the next The text of the bill is as follows: (INCLUDING RESCISSIONS) Google. But the agency tasked with re- H.R. 5875 SEC. 101. For an additional amount for the viewing those applications just can’t Be it enacted by the Senate and House of Rep- Department of Justice for necessary ex- keep up. So they sit and they sit, often resentatives of the United States of America in penses for increased law enforcement activi- for years. In fact, the average time Congress assembled, That the following sums ties related to Southwest border enforce- that it takes a patent to be approved is are appropriated, out of any money in the ment, $201,000,000, to remain available until about 30 months, but when you con- Treasury not otherwise appropriated, for the September 30, 2012: Provided, That funds shall sider that today technologies often be- fiscal year ending September 30, 2010, and for be distributed to the following accounts and come obsolete within 18 months or less, other purposes, namely: in the following specified amounts— DEPARTMENT OF HOMELAND SECURITY (1) ‘‘Administrative Review and Appeals’’, it is clear that a process that takes 21⁄2 U.S. CUSTOMS AND BORDER PROTECTION $2,118,000; years is simply too long, and it hurts (2) ‘‘Detention Trustee’’, $7,000,000; SALARIES AND EXPENSES our competitiveness. (3) ‘‘Legal Activities, Salaries and Ex- Those applications at the U.S. Patent For an additional amount for ‘‘Salaries penses, General Legal Activities’’, $3,862,000; and Expenses’’, $356,900,000, to remain avail- (4) ‘‘Legal Activities, Salaries and Ex- and Trade Office, or USPTO, represent able until September 30, 2012, of which the greatest this country has to offer penses, United States Attorneys’’, $9,198,000; $78,000,000 shall be for costs to maintain U.S. (5) ‘‘United States Marshals Service, Sala- in terms of new ideas and new tech- Customs and Border Protection Officer staff- ries and Expenses’’, $29,651,000; nologies. They contain any number of ing on the Southwest Border of the United (6) ‘‘United States Marshals Service, Con- breakthroughs that could help to pro- States, $58,000,000 shall be for hiring addi- struction’’, $8,000,000; pel our economy out of the recession, tional U.S. Customs and Border Protection (7) ‘‘Interagency Law Enforcement, Inter- expand small businesses, and create Officers for deployment at ports of entry on agency Crime and Drug Enforcement’’, new jobs. And they could be the key to the Southwest Border of the United States, $21,000,000; $208,400,000 shall be for hiring additional Bor- (8) ‘‘Federal Bureau of Investigation, Sala- helping our Nation maintain its tech- der Patrol agents for deployment to the nological edge globally. Patent activ- ries and Expenses’’, $25,262,000; Southwest Border of the United States, (9) ‘‘Drug Enforcement Administration, ity among our biggest competitors like $2,500,000 shall be for forward operating bases Salaries and Expenses’’, $35,805,000; China, India, and South Korea have on the Southwest Border of the United (10) ‘‘Bureau of Alcohol, Tobacco, Firearms shown exponential growth, but this bill States, and $10,000,000 shall be to support in- and Explosives, Salaries and Expenses’’, is one step in providing the USPTO the tegrity and background investigation pro- $39,104,000; and resources necessary to keep pace with grams: Provided, That section 104 shall not (11) ‘‘Federal Prison System, Salaries and the flow of innovation and ensure apply to $151,000,000 of the amount under this Expenses’’, $20,000,000. heading. American businesses and workers can SEC. 102. (a) From unobligated balances BORDER SECURITY FENCING, INFRASTRUCTURE, compete globally. And it is fully offset made available to U.S. Customs and Border AND TECHNOLOGY Protection ‘‘Border Security Fencing, Infra- with a reduction in spending for the For an additional amount for ‘‘Border Se- structure, and Technology’’, $100,000,000 are U.S. Census Bureau. curity Fencing, Infrastructure, and Tech- rescinded: Provided, That section 104 shall We need to make sure that the nology,’’ $14,000,000, to remain available not apply to this subsection. USPTO can hire the necessary patent until September 30, 2012, for costs of design- (b) From unobligated balances of prior ing, building, and deploying tactical commu- year appropriations made available for examiners, install up-to-date informa- ‘‘Transportation Security Administration— tion technology, and make other oper- nications for support of enforcement activities on the Southwest Border of the United Aviation Security’’ in chapter 5 of title III of ational changes necessary to get at States. Public Law 110–28, $15,500,000 are rescinded. this backlog. This is an issue that’s of (c) From unobligated balances of prior AIR AND MARINE INTERDICTION, OPERATIONS, year appropriations made available for ‘‘Fed- critical importance for our economy MAINTENANCE, AND PROCUREMENT and the job market. I encourage my eral Emergency Management Agency—Ad- For an additional amount for ‘‘Air and Ma- ministrative and Regional Operations’’ in colleagues to join me in supporting rine Interdiction, Operations, Maintenance, this commonsense and paid-for legisla- chapter 4 of title II of Public Law 109–234, and Procurement’’, $32,000,000, to remain $34,500,000 are rescinded. tion. I know the manufacturers in available until September 30, 2012, for costs (d) From unobligated balances of prior Bucks County, Pennsylvania, and of acquisition and deployment of unmanned year appropriations made available for ‘‘De- across our country care about it. aircraft systems. partment of Commerce—Bureau of the Cen- I want to thank, again, the leader- CONSTRUCTION AND FACILITIES MANAGEMENT sus—Periodic Censuses and Programs’’ in For an additional amount for ‘‘Construc- title I of Public Law 111–117; 123 Stat. 3115, ship of Chairman MOLLOHAN. tion and Facilities Management’’, $9,000,000, $51,000,000 are rescinded: Provided, That sec- Mr. WOLF. Mr. Speaker, I yield back to remain available until September 30, 2012, tion 104 shall not apply to this subsection. the balance of my time. for costs to construct up to three forward op- SEC. 103. Notwithstanding any other provision of law, from available funds, the Depart- Mr. MOLLOHAN. Mr. Speaker, I have erating bases for use by the Border Patrol to carry out enforcement activities on the ment of Defense shall pay in fiscal years 2010 no further requests for time, and I Southwest Border of the United States. and 2011 the full costs associated with the de- yield back the balance of my time. U.S. IMMIGRATION AND CUSTOMS ployment of the National Guard along the Southwest Border of the United States. The SPEAKER pro tempore. The ENFORCEMENT SEC. 104. Each amount made available question is on the motion offered by SALARIES AND EXPENSES herein is designated as an emergency re- the gentleman from West Virginia (Mr. For an additional amount for ‘‘Salaries quirement and necessary to meet emergency MOLLOHAN) that the House suspend the and Expenses’’, $30,000,000 to remain avail- needs pursuant to sections 403(a) and 423(b) rules and pass the bill, H.R. 5874. able until September 30, 2012, for law en- of S. Con. Res. 13 (111th Congress), the con- forcement activities targeted at reducing the The question was taken; and (two- current resolution on the budget for fiscal threat of violence along the Southwest Bor- year 2010. thirds being in the affirmative) the der of the United States. This Act may be cited as the ‘‘Emergency rules were suspended and the bill was FEDERAL EMERGENCY MANAGEMENT AGENCY Border Security Supplemental Appropria- passed. STATE AND LOCAL PROGRAMS tions Act, 2010’’. A motion to reconsider was laid on For an additional amount for ‘‘State and The SPEAKER pro tempore. Pursu- the table. Local Programs’’, $50,000,000, to remain ant to the rule, the gentleman from

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00089 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6254 CONGRESSIONAL RECORD — HOUSE July 28, 2010 North Carolina (Mr. PRICE) and the tical communications to enable the I have implored, in fact, practically gentleman from Kentucky (Mr. ROG- border patrol to operate close to the begged, the White House and the Demo- ERS) each will control 20 minutes. border and to close gaps that can be ex- crat majority to recognize the spillover The Chair recognizes the gentleman ploited by smugglers. violence from this heinous drug war from North Carolina. It would establish four new Border raging on the border with Mexico. GENERAL LEAVE Enforcement Security Task Forces on I have even pushed for a new joint Mr. PRICE of North Carolina. Mr. the border and build up a permanent command along the southwest border Speaker, I ask unanimous consent that ICE presence in joint counterdrug ef- for all of the American agencies. all Members may have 5 legislative forts in the region, as well as provide Finally, I have been first in line call- days to revise and extend their re- for a surge in ICE’s criminal alien re- ing for a serious, sustained approach to marks on H.R. 5875. moval efforts. breaking the backs of the cartels and The SPEAKER pro tempore. Is there It would add $50 million to expand enforcing our immigration laws. objection to the request of the gen- support for State and local joint law Unfortunately, Mr. Speaker, this bill tleman from North Carolina? enforcement efforts on the border. is not a serious, sustained response. There was no objection. It would add two additional Predator Rather, this is little more than a cyn- Mr. PRICE of North Carolina. I yield unmanned aircraft systems to ensure ical knee-jerk, political ploy. myself such time as I may consume. better coverage of the Southwest bor- I have three concerns with this bill: Mr. Speaker, this bill provides a total der, in particular on the Texas border. This suspension bill is not paid for. of $701 million to support high-priority And finally, it provides $201 million At a time of record deficit spending, Homeland Security and Justice pro- for Justice Department staffing to why can’t we at least attempt to find grams to enhance security along the surge agents and U.S. attorneys to the prudent offsets necessary to ad- Southwest border, where violence on high-crime areas in the Southwest bor- dress our Nation’s border security the Mexican side is intensifying due to der region, to provide more robust as- needs, as $600 million of this money turf battles among murderous sistance to Mexican law enforcement will be borrowed money. Is this so im- transnational criminal organizations authorities, and to better handle crimi- portant that we will ask our children competing for drug, alien, and weapons nal aliens referred by the Department and our grandchildren to pay for it? trafficking business. The funding would of Homeland Security. Secondly, this bill circumvents reg- enable DHS and DOJ, in cooperation ular order. These expenditures should with the National Guard, to build on On June 22 of this year, the President requested a $600 million border security be considered as part of the 2011 Home- the current border enforcement surge. land Security bill, the very same proc- This bill is largely uncontroversial. supplemental, offsetting $100 million of ess that was derailed by the majority It simply re-proposes funding the these funds and designating the rest as only yesterday when the Homeland bill House already approved as part of the an emergency. was to be considered by the full com- war and disaster supplemental bill on b 2010 mittee. Ten minutes before we were to July 1. As we all know, these funds, This bill is consistent with that re- meet, they cancelled the meeting. along with funds to stop teacher lay- quest, funding $500 million under an Thirdly, and perhaps most impor- offs, were stripped by the Senate, leav- emergency designation and offsetting tantly and disappointing, this bill is ing only funding for the wars, the Dis- $201 million from unobligated balances woefully inadequate and the wrong mix aster Relief Fund, and Haiti earth- in TSA Aviation Security, FEMA Ad- of security, leaving gaping holes at the quake relief. This funding is required ministrative and Regional Operations, Judiciary, CBP, and the Coast Guard. now to improve security on our border the Census Bureau, and CBP’s delayed If we are going to do this, let’s do it and in our border communities. I want to thank the dedicated Mem- virtual fence effort, or SBInet. right, as $500 million out of this bill’s bers from the Southwest border region Consistent with past practices for $700 million price tag, as I said before, who have kept the focus on this issue supplemental appropriations, we con- is borrowed money. So, in many ways, and are responsible for bringing us here sider our challenges on the southwest in bill is addressing one urgent secu- today. We will hear from a good num- border as important as our military’s rity issue and creating another. While ber of these Members tonight. I espe- work to secure Afghanistan from the border security is, indeed, a priority, Taliban or to promote stability in Iraq, cially want to thank GABBY GIFFORDS our skyrocketing debt and continued and SILVESTRE REYES for their effort and some would argue that the south- deficit spending have the makings of a leadership on this effort, along with west border mission is more important. genuine national security crisis. We CIRO RODRIGUEZ, a member of our sub- That’s why this President, like past can no longer ignore our debt and con- committee who is a tireless advocate of Presidents, has requested the funding tinue to recklessly spend, call every- these border communities; ALAN MOL- under an emergency designation. I thing an emergency and simply hope it LOHAN, who helped shape the Depart- know the minority has agreed with will go away. We have to make the ment of Justice items in the bill; and this point of view repeatedly in the tough, disciplined decisions at every many others who helped substantially: past, and I hope we can count on their level and on every issue. CHET EDWARDS, ANN KIRKPATRICK, support now. So these border security enhance- HARRY TEAGUE, HENRY CUELLAR, SOL- Mr. Speaker, this bill will help us ments can and should be paid for by OMON ORTIZ, RUBE´ N HINOJOSA, SUSAN counter the pressures on our law en- way of responsible offsets. More to the DAVIS, and GENE GREEN, among others. forcement agencies and our border point, why can’t we consider these ob- Very briefly, the bill would fund sev- communities, and I urge my colleagues vious funding needs as part of the 2011 eral critical initiatives, including 1,200 to adopt it. Department of Homeland Security ap- new border patrol agents to sustain I reserve the balance of my time. propriations bill? That’s where it be- current levels on the Southwest border Mr. ROGERS of Kentucky. Mr. longs. and build up capacity for when the Na- Speaker, I yield myself as much time The majority took 6 months to con- tional Guard is withdrawn next year, as I may consume. sider a true emergency, funding our and 500 new Customs and Border Pro- Let me start, Mr. Speaker, by saying troops at war, and sent that bill tection officers for the Southwest bor- that I take a backseat to no one on through a tangled, politicized lab- der to keep up staffing at ports of border security. I have read the intel- yrinth. The White House only woke up entry as customs and immigration fee ligence reports, the briefings. I have to this drug violence on the border in funding continues to fall. been on this subcommittee since it June with a haphazard request, which The bill includes funding for integ- started in 2003, chaired it for its first begs the question: Where is the admin- rity programs to ensure CBP personnel years, now ranking member on the sub- istration’s and Democrat majority’s operate at the high standards we ex- committee. commitment to security? pect and to combat efforts by the car- I have led and supported the robust Instead, yesterday, the Democrat tels to corrupt CBP personnel. funding for the Coast Guard, CBP, ICE, majority cancelled the full committee The bill would fund three new for- DOJ, all the other law enforcement markup of the 2011 Homeland Security ward operating bases and better tac- agencies, even the local ones. appropriations bill, where this belongs,

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00090 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 28, 2010 CONGRESSIONAL RECORD — HOUSE H6255 just 10 minutes before it was scheduled Mr. RODRIGUEZ. Mr. Speaker, I rise sion of resources that the border has to begin. And for what? So that we can today in support of H.R. 5875. ever gotten at one particular time: turn to this suspension bill, borrow I want to personally thank Chairman 1,200 Border Patrol, ICE agents, ATF, half a billion dollars, and then ignore PRICE for his work on these issues. The FBI, other folks who make sure that all the other vital Homeland Security chairman has joined me on the border we have the right mixture of tech- issues for the coming year. Addressing touring—I represent more border than nology, including two UABs that are so the critical needs facing our Nation’s anybody else in the Congress, over 785 important to put eyes in the sky, and aviation security, immigration en- miles along the Mexican border. We’ve certainly to make sure that we get forcement, disaster response, and cy- had the opportunity to tour all the way other communications to do this. This bersecurity are now left dead in the from Texas to San Diego, including the will allow us to make sure that we stop water with little hope of resurrection. northern border. And I want to thank the drugs and make sure that we se- Or was the last-minute cancellation him for bringing forth this piece of leg- cure the border. And this is one point of the markup for some other more po- islation. Let me also just indicate that that is very important: if we secure the litical reason, like the fact that Arizo- this is a major piece of legislation border, then we secure the rest of the na’s new tough immigration enforce- that’s critical to making sure that we United States. This is why this effort is ment law is in the midst of a conten- secure our border. If anything is impor- so important. tious lawsuit? tant, it is making sure that this coun- So, Chairman PRICE and the ranking Mr. Speaker, the murderous drug war try remains secure. member, I thank all of you for the along our border with Mexico demands Earlier this month, the House passed work that you have done. And again, serious solutions, not reckless spending a supplemental appropriation bill that Members, I ask you to support this in the middle of the night after no continued to fund our operations both very important funding for the secu- preparation or no hearings, a flawed in Iraq and Afghanistan, and in addi- rity of our Nation. process, and, worst of all, political tion included $701 million in much Mr. ROGERS of Kentucky. I reserve games. needed border security funding. This is the balance of my time. As it were, I was prepared to offer the funding that our men and women Mr. PRICE of North Carolina. Mr. yesterday, at the full committee mark- on the border are asking for and need Speaker, I yield 2 minutes to another up of our annual bill, I was prepared to to get the job done. outstanding Member who has worked offer a responsible, completely offset We all know that violence in Mexico tirelessly to secure the border, Mr. amendment that would have achieved has escalated, and we need to ensure TEAGUE of Arizona. this goal and would have included that U.S. borders are not left vulner- Mr. TEAGUE. Thank you, Chairman many of Chairman OBEY’s ideas. And able. We were disappointed when the PRICE, and thank you for the work that the minority was prepared to take a Senate did not include the border fund- you’ve done. strong stand in defense of the Arizona ing in their version of the supple- Mr. Speaker, I rise tonight in support immigration enforcement law, a law mental appropriations bill. So earlier of a supplemental appropriation bill to that simply makes being illegally this week, I was joined by Congressman secure our border now. present in the United States against TEAGUE from New Mexico, as well as A drug war is being waged along our the law. Sadly, thanks to the dictato- Congresswoman GIFFORDS from Ari- border, threatening communities, fam- rial tactics of the Democrat majority, zona, in writing a letter to our leader- ilies and our livelihoods in border we don’t get a chance to offer, let alone ship asking them for the emergency States. And while the violence only debate, these sound amendments. border funding for this piece of legisla- continues to escalate, Congress seems So, let’s get our border security tion. We could not let the Senate grid- content to step back and ignore the right. Let’s provide the right mix of en- lock sacrifice our ability to keep the issue. forcement resources to combat the border secure. The drug violence is an immediate ruthless drug cartels, but let’s do so Last night, we were pleased to join threat, and it calls for immediate ac- through regular order in a fiscally re- Chairman PRICE in cosponsoring H.R. tion. It is deeply troubling that the sponsible way. 5875, the bill that will provide these re- Senate failed to take this opportunity This bill, just like President Obama’s sources for the border. This bill is paid to protect our national security and se- flawed request, neglects our counter- for, and not a penny will be borrowed. cure our borders. That is why I am smuggling needs in the source and This bill will target funds just as the proud to bring this bill to secure our transit zones, fails to fully address aer- previous House-passed supplemental borders to the floor tonight. ial surveillance shortfalls, and ignores bill. It includes additional Border Pa- Mr. Speaker, deploying our National the judicial resources required to fol- trol people that we need on the border, Guard troops to the border is critical, low through on enforcement actions. additional officers right at the points but we also need an increased and sus- If only the Democrat majority would of entry. I ask support for this piece of tained presence of Border Patrol to be willing to take up the regular 2011 legislation. protect our citizens. This bill does that Homeland Security Department and Mr. ROGERS of Kentucky. Mr. by providing additional Border Patrol Commerce and Justice Department ap- Speaker, I reserve the balance of my agents and resources for local law en- propriations bills, we could consider time. forcement agencies located near the and debate the improvement of our Mr. PRICE of North Carolina. Mr. border through important programs border security in such a way that all Speaker, I yield 2 minutes to an out- like Operation Stonegarden. of these issues could be addressed and standing chairman of our authorizing Something important that this bill paid for without passing along the bill subcommittee, Mr. CUELLAR of Texas. will fund are added forward operating to our kids and grandkids. Sadly, Mr. CUELLAR. I want to thank bases for our Border Patrol. FOBs get that’s not the case here tonight. Chairman PRICE for taking the leader- our agents on the ground, on the bor- I have grave reservations about this ship in making sure that we provide der, where they can protect our citi- bill, Mr. Speaker, as you may have no- the funding for the border. I certainly zens 24 hours a day, 7 days a week. ticed, and this process. While I whole- want to thank the authorizing chair- Currently, to protect the fine Ameri- heartedly believe we can and must do man, Mr. BENNIE THOMPSON, and all the cans living in the New Mexico boot more to shore up our porous border, I Members here that have worked so heel, Border Patrol agents must travel believe we can do it far better and be hard, and the ranking member, also, 85 miles from their station in willing to pay for it. for all the work that he has done. Lordsburg, New Mexico. This costs the I reserve the balance of my time. I live on the border, my family lives Border Patrol agents hours in travel on the border, my brother is a sheriff time before they even begin their work. b 2020 there on the border in Webb County, so This bill will get agents on the line Mr. PRICE of North Carolina. Mr. I understand what’s been happening protecting New Mexican citizens. Speaker, I yield 2 minutes to an out- there on the border for the last 54 years Mr. Speaker, the safety of our com- standing member of our subcommittee, that I have lived there. I would have to munities and our country is too impor- Mr. RODRIGUEZ of Texas. say that this would be the largest infu- tant to subject to partisan politics.

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00091 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6256 CONGRESSIONAL RECORD — HOUSE July 28, 2010 The House has already passed this leg- Chairman, you can only imagine how This bill is consistent with that re- islation, and I urge my colleagues to outrageous I find this debate to be. I quest. It funds $500 million under an stand up for our national security once urge Members to support this bill. emergency designation. It offsets $201 more. Vote ‘‘yes’’ to protect the com- b 2030 million from unobligated balances munities along the southern border. from DHS and DOJ. Mr. ROGERS of Kentucky. Mr. Mr. ROGERS of Kentucky. Mr. As I said, this is entirely consistent Speaker, I reserve the balance of my Speaker, I reserve the balance of my with past practice under the leadership time. time. of both parties. When Mr. ROGERS was Mr. PRICE of North Carolina. Mr. Mr. PRICE of North Carolina. I yield chairman of the Homeland Security Speaker, may I inquire as to how much myself such time as I may consume to Appropriations Committee and when time is remaining. respond to some of the pertinent ques- the Republicans were in control of this The SPEAKER pro tempore (Mr. tions raised by our ranking member. body and were in control of the admin- SCHAUER). The gentleman from North Mr. Speaker, the gentleman has istration, Congress passed three emer- Carolina has 10 minutes remaining. raised a series of questions which de- gency spending bills for the Southwest Mr. PRICE of North Carolina. I yield serve answers. I will briefly attempt to border, and none were offset. 2 minutes to Ms. GIFFORDS of Arizona, provide those answers, and then we Of these bills, the administration, in who is a sponsor of this bill and has will, perhaps, bring this debate to a fact, requested only one as an emer- also worked with citizens in her region close. gency. The other two bills contained ever since she came to this Congress to The gentleman asked: Why this bill border security funding, added by a Re- secure the border and to make certain in this form at this point? publican-controlled Congress, not even that the citizens of Arizona on the bor- The answer to that is very simple, requested by the administration, and der region were safe and protected. which is that it was only this week congressional Republicans unilaterally Ms. GIFFORDS. Thank you, Chair- that the Senate stripped these provi- deemed this as emergency funding. man PRICE, for your leadership. sions from the supplemental appropria- The situation on the border neces- Mr. Chairman, the last couple of days tions bill. Up until this point, our hope sitates immediate action. It makes it a have been extremely difficult for me was—and, indeed, our expectation true emergency. Why would the minor- because I represent the most porous was—that the Senate would find a way ity or anybody else consider this a less part of the U.S.-Mexico border. to pass these border security provi- emergent priority than fighting the I’m thinking right now about Rob sions, or some major portion of them, Taliban or stabilizing Iraq? No ques- Krentz, a fifth-generation Arizona in the supplemental appropriations tions are ever raised about the emer- rancher whose family ranched on their bill. It is only because that did not gency status of those funds. These are land since before Arizona even happen that we find ourselves in this missions that are much more expen- achieved statehood. On March 27, Rob position here tonight, offering those sive, I might add. Krentz was heartlessly murdered on his provisions as a free-standing bill. Finally, let me quote a letter that we land, murdered on his land that was in The gentleman asked: Does this got from Mr. ROGERS, Mr. LEWIS, and his family’s hands for over 100 years. somehow supplant the regular bill? other leading Republican Members a Five years ago, the Tucson sector of Absolutely not. As the gentleman mere week ago. This has to do with the the Border Patrol apprehended over knows, we have worked cooperatively kind of enforcement efforts that might 500,000 illegal immigrants in my com- in putting together the 2011 Homeland be undertaken on the Southwest bor- munity. Last year, 242,000 illegal immi- Security bill, and that bill addresses der: grants were apprehended in the Tucson border security in serious ways. It While cross-border criminal activity sector of the Border Patrol, and year to builds on the work we have done in the is not a new phenomenon, it has esca- date we are at over 180,000 illegal immi- last number of years to fortify that lated into an unquestionably clear and grants apprehended in the Tucson sec- border, to equip those who are pro- present threat to the security of the tor. Last year we hit another record, tecting the border and to have ade- United States. Therefore, we believe it 1.2 million pounds of marijuana seized quate personnel at the border. So the is necessary to pursue any and all in the Tucson sector. So for those of 2011 bill is going to address these mat- means of addressing this threat within you who are saying that this is not ters and in a serious way. We still hope the parameters of the law. critical, that keeping Americans safe is and expect to send that bill to the Mr. Speaker, I submit that that is ex- not critical, whether you live directly President this fall. actly what our supplemental emer- on the border or you live in other parts This, however, is an emergency sup- gency appropriations bill does, and for of the country, is outrageous. plemental, a supplemental which was that reason, I urge its adoption. The Federal Government needs to debated on this floor weeks ago, which I reserve the balance of my time. step up and take responsibility now addresses the urgent needs. Our col- Mr. ROGERS of Kentucky. I yield and stop pointing fingers and blaming leagues from the border regions have myself such time as I may consume. other people. So for those Senators made it very, very clear tonight, I be- Mr. Speaker, the gentleman is cor- who voted ‘‘no’’ last week, they said no lieve, that these urgent needs really rect. Years ago, when we requested and to those ranchers who live along the shouldn’t have to wait for that regular put in the bill funding for the border, U.S.-Mexico border, they said no to bill, but it absolutely takes nothing some of it was so-called ‘‘emergency those National Guard troops who are away from the regular 2011 bill. spending,’’ but that was at a time when being deployed next week, not in a vac- The gentleman made some assertions we did not have a $1.4 trillion annual uum, with resources coming in behind as to what might have happened had deficit. Times were different. We are in them, and they said no to Federal law the markup gone forward on schedule a monetary crisis in the country now. enforcement officials, those who are yesterday. The fact is that neither of So that is the reason that I believe now not going to be receiving Operation us knows exactly what would have is not the time to use what is called Stonegarden grants. been offered, much less how the votes ‘‘emergency money,’’ which means bor- Mr. Chairman, this is outrageous might have gone. rowed money. It means not paying for that the Federal Government, the I do want to address one very serious it. This is not the time to do that. United States Congress, Democrats and matter, though, and that is the ques- Mr. Speaker, the drug cartels have Republicans working together, are not tion of offsets, the question of where demonstrated that they will not relent fixing this problem. Because in Ari- this bill fits in the overall budget pic- so long as there is a viable way to zona, in my sector with my constitu- ture. smuggle their drugs and money—blood ents, this is our BP oil spill crisis. But As I said in my opening statement, money—across our border. To take this this crisis has not been going on for a when the President requested a $600 threat lightly or to address it with couple of months. It’s been going on for million border security supplemental only half-baked ideas which are years—years and years. And now toon June 22, he proposed the offsetting brought up under suspension, at night night is our opportunity to step up and of $100 million of these funds, and he and without any preparation, will only, finally do something about it. So, Mr. designated the rest as an emergency. I think, get us further into the morass.

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00092 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 28, 2010 CONGRESSIONAL RECORD — HOUSE H6257 The last thing we want to do is to move to a vote. I appreciate the com- forts to keep our borders safe and secure and cause trouble for President Calderon as ments of the gentleman from Ken- yet when it came time to vote on the $700 mil- the drug war reaches its boiling point, tucky, and I, of course, share his hope lion to secure our borders, they walked away. because he has been so diligent in his that we will in reasonably short order Indeed, when the FY2010 Supplemental efforts. We must not rush into some- have progress to report on the fiscal went to the Senate for a vote, not one Repub- thing that does not have their, Presi- 2011 Homeland Security bill. lican stood up for increased border security. On the contrary, they talked and then they dent Calderon’s, complete under- b 2040 standing and agreement. walked. I was disappointed because even the So that means we must get our bor- We have that bill assembled. We have Republican Senators from my home State of der security right through serious solu- put it through the subcommittee proc- Texas voted against border security. tions, having thought through them ess, and we plan to proceed with it in The challenges our border communities face carefully and having worked with our due course. each and every day along the border are an allies in the matter rather than I stress, this bill tonight is in no way emergency, and we need to do all we can to through reckless spending and flawed a substitute for that bill. This bill to- ensure the safety and security of our 2,000- political gimmicks like this bill is. It night is not new. This bill was passed mile long border with Mexico. is not paid for. It is incomplete, and it by this House. The exact language, the But thanks to the House leadership, we are once again attempting to secure our border by is absolutely no substitute for the ur- exact provisions were passed by this moving to strengthen our border with $700 gently needed fiscal 2011 Homeland Se- House on July 1 as part of a supplemental appropriations bill, and the million in emergency funds. These funds will: curity appropriations bill. Add 500 Customs and Border Patrol Offi- Now, as to this funding and as to the only reason it is before us tonight as a freestanding measure is because of the cers to our understaffed ports of entry; urgent need that it is said to represent, Add 1,200 additional Border Patrol agents the Congressional Budget Office told Senate’s unwise action in stripping these border security provisions from between ports of entry; me that none of this bill’s funding will Increase funds for Immigration and Customs the bill. outlay in this fiscal year. According to Enforcement activities that would reduce the As for the emergency spending, we the CBO, this money will not be used in threat of narcotics smuggling and violence; this year. What that tells me is that did run surpluses in this country in the Improve tactical communications for those this bill is really padding the fiscal 2011 1990s. We remember that period when on the ground; regular bill process. we were actually paying off part of the Provide funds for workforce integrity inves- Where is our fiscal 2011 bill? national debt. Unfortunately, that’s tigations and training for new officers and It is almost August. We’re going on not the period we’re talking about agents; and recess for 6 weeks, and there is no bill when we talk about the previous prece- Support local law enforcement along the that this Congress has produced that dents that have been set in this area. border with additional Stonegarden grants. the Democrat majority has put before The emergency spending that was I ask my colleagues to seriously consider us to fund the department a few days done during the last administration in the importance of giving our law enforcement later. this border security area on three occa- officers who are working along the border the Where is the bill? sions under Republican leadership, this resources they need to enhance our border We had it scheduled to be heard in was done not at a time of budget sur- security. In particular, the 500 additional Cus- the full committee yesterday. Ten min- pluses; it was done at a time, in fact, toms and Border Patrol Officers are of con- utes before we were to convene and when this Nation was sinking deeper cern because GSA estimates that we need mark up the fiscal 2011 bill, which and deeper into debt. 5,000 more officers in order to fully staff our could have included moneys like this We have no more speakers on our ports of entry—1,000 per year for five years. in the regular process, they canceled side. I appreciate the attention of our Increasing staffing of our CBP Officers is the hearing. They pulled the rug out. colleagues, and especially the work critical both to expedite the flow of trade and We are not worried, they apparently that has gone into this measure from commerce and more effectively screen out il- said, about the Nation’s security. our colleagues on the southwest bor- licit drugs, weapons, human smugglers, and Where is the bill? der. They have been absolutely tireless any other potential criminals. It would also This is neither a substitute for the in standing up for their constituents give us greater ability to conduct southbound regular department bill that funds ev- and in calling to the rest of the Con- checks so that we can also curb the supply of erything nor is it the substitute for one gress and the rest of the country this arms, illegal narcotics and cash going into that funds the border war. Bypassing emergency situation that demands to Mexico and fueling violence there. regular order and throwing more be addressed. Residents in our border states know this is money at the border is not responsible Mr. CUELLAR, I think it was, this an emergency because they live it each and leadership with regard to our Nation’s afternoon said to the press, however, every day. I urge my colleagues on the other security needs. that this isn’t just a border matter. side of the aisle to go beyond talking about Though, Mr. Speaker, it is not too This isn’t just a border security. This supporting our borders. I urge you to turn that late. The Democrat majority can still is a matter of national security. It’s a talk into action and vote for the Emergency make up for all of the lost time and for matter of urgent national security. Border Security Supplemental Appropriations all of the inaction this year, and it can And so we’re grateful for those who Act of 2010. Mr. PRICE of North Carolina. Mr. move the DHS fiscal 2011 and CJS ap- have worked very quickly now, after Speaker, I yield back the balance of propriations bills to properly address the developments in the Senate, have worked very quickly to put this bill my time. our border security and enforcement The SPEAKER pro tempore. The forward in this form. We urge its pas- needs. That is what I would have pro- question is on the motion offered by sage. We want to send it along to the posed had we actually convened our the gentleman from North Carolina markup yesterday, had we moved the Senate and hope very much that this (Mr. PRICE) that the House suspend the bill will be law in a matter of days and fiscal bill through regular order, and rules and pass the bill, H.R. 5875. had we had a genuine and thoughtful that we can get the emergency relief The question was taken; and (two- debate on our security priorities. where it’s needed. And then, of course, thirds being in the affirmative) the Somehow, I don’t think I’m going to we will address all of these matters rules were suspended and the bill was get that chance. more systematically and in a more passed. So I caution Members to consider long-term basis in the regular appro- A motion to reconsider was laid on this bill very carefully, and I urge the priations bill. the table. Democrat majority to move the reg- Mr. REYES. Mr. Speaker, I rise today to f ular appropriations bills through reg- shed light on the talk and walk Republicans in ular order with all due haste. Congress. They are on the Sunday talk shows INDEPENDENT LIVING CENTERS Mr. Speaker, I yield back the balance stating that we have an emergency situation at TECHNICAL ADJUSTMENT ACT of my time. our Nation’s borders. They are on the cam- Ms. CHU. Mr. Speaker, I move to sus- Mr. PRICE of North Carolina. Mr. paign trail saying that border security is bro- pend the rules and concur in the Sen- Speaker, I believe we are ready to ken. They criticize the administration on its ef- ate amendment to the bill (H.R. 5610)

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00093 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6258 CONGRESSIONAL RECORD — HOUSE July 28, 2010 to provide a technical adjustment with that they will receive this year. This Whereas this bounty is not only a symbol respect to funding for independent liv- technical fix will enable funds granted of the selflessness of the American farmer ing centers under the Rehabilitation through the Rehabilitation Act to be but is a symbol of the generosity of our Na- Act of 1973 in order to ensure stability distributed to independent living cen- tion; Whereas the image of the American flag for such centers. ters in a more fair and appropriate gives inspiration to our Nation’s farmers The Clerk read the title of the bill. manner for this year. that produce our most valued products that The text of the Senate amendment is The House-passed version of this leg- we are so dependent on; as follows: islation allows States to apply for Whereas the American flag is our most Senate amendment: these important waivers until July 30. honored national symbol; In section 2(a)(2)(A), strike ‘‘July 30’’ and Because the deadline included in the Whereas the American flag commands re- insert August 5. original version of H.R. 5610 does not spect and admiration; The SPEAKER pro tempore. Pursu- provide sufficient time for States to Whereas the American flag reminds us of ant to the rule, the gentlewoman from our Nation’s commitment to hard work and take advantage of these waivers, the our historic ability to rise to any occasion; California (Ms. CHU) and the gentleman Senate extended the timeline until Au- Whereas the American flag symbolizes from Utah (Mr. BISHOP) each will con- gust 5. freedom, the entrepreneurial spirit, and the trol 20 minutes. Mr. Speaker, I stand in support of path to our own individual destinies; The Chair recognizes the gentle- this bill, which will assist independent Whereas the American flag symbolizes the woman from California. living centers that help disabled per- noble dreams of our founding fathers, the GENERAL LEAVE sons live full and productive lives, and freedoms fought for by our soldiers, and the Ms. CHU. Mr. Speaker, I request 5 I ask for my colleagues’ support. most noble aspirations in history of the human spirit; and legislative days during which Members Mr. Speaker, I yield back the balance Whereas the American flag has served may revise and extend and insert ex- of my time. throughout our Nation’s history as the nee- traneous material on H.R. 5610 into the Ms. CHU. Mr. Speaker, I yield back dle with which we have sewn our patriotic RECORD. the balance of my time. seed: Now, therefore, be it The SPEAKER pro tempore. Is there The SPEAKER pro tempore. The Resolved, That it is the sense of the House objection to the request of the gentle- question is on the motion offered by of Representatives that fruit and vegetable woman from California? the gentlewoman from California (Ms. and commodity producers are encouraged to There was no objection. display the American flag on labels of prod- CHU) that the House suspend the rules ucts grown in the United States, reminding Ms. CHU. I yield myself as much time and concur in the Senate amendment us all to take pride in the healthy bounty as I may consume. to the bill, H.R. 5610. produced by American farmers and workers. Mr. Speaker, a month ago we passed The question was taken; and (two- The SPEAKER pro tempore. Pursu- H.R. 5610, the Independent Living Cen- thirds being in the affirmative) the ant to the rule, the gentleman from ters Technical Adjustment Act, to pro- rules were suspended and the Senate California (Mr. CARDOZA) and the gen- vide a necessary fix to protect services amendment was concurred in. tlewoman from Ohio (Mrs. SCHMIDT) for the many people with disabilities A motion to reconsider was laid on each will control 20 minutes. who benefit from the work of the inde- the table. The Chair recognizes the gentleman pendent living centers. This fix will f from California. allow States to request that ARRA GENERAL LEAVE funds not be included in determining GROWN IN AMERICA ACT Mr. CARDOZA. Mr. Speaker, I ask their centers’ previous year allocations Mr. CARDOZA. Mr. Speaker, I move unanimous consent that all Members so that the temporary funds provided to suspend the rules and agree to the have 5 legislative days within which to under ARRA do not permanently resolution (H. Res. 1558) expressing the revise and extend their remarks on change centers’ base allocations. sense of the House of Representatives House Resolution 1558. The Senate amendment before us that fruit and vegetable and com- The SPEAKER pro tempore. Is there today changes the deadline for States modity producers are encouraged to objection to the request of the gen- to make that request from July 30 to display the American flag on labels of tleman from California? August 5 so that eligible States can products grown in the United States, There was no objection. make use of this fix after this bill is reminding us all to take pride in the b 2050 passed. healthy bounty produced by American I urge you to support this technical farmers and workers. Mr. CARDOZA. Mr. Speaker, I yield change to ensure independent living The Clerk read the title of the resolu- myself such time as I may consume. centers can continue the important tion. Mr. Speaker, in my district my farm- work for people with disabilities in our The text of the resolution is as fol- ers produce a bounty of fruits and vege- communities. lows: tables that feed families across the I reserve the balance of my time. country and abroad. My farmers work H. RES. 1558 Mr. BISHOP of Utah. Mr. Speaker, I hard in the field every single day. They yield myself such time as I may con- Whereas American farmers produce the love their families, their farms, and the most abundant food supply in the entire sume. world; healthy products that they grow. They Mr. Speaker, I rise today in support Whereas, on average, each farmer provides also love their country. As with many of H.R. 5610, the Independent Living enough food and fiber to meet the needs of of my constituents, they are proud to Centers Technical Adjustment Act. 155 people in the United States and abroad; fly the American flag on Memorial Day Independent living centers provide a Whereas the majority of farms in the and the Fourth of July. valuable service, including employ- United States are family owned; My resolution, the Grown in America ment, skilled training, peer counseling, Whereas everyday products from crayons Act, encourages farmers across the and information for people with dis- to fuel are produced by America’s farmers country to feature the American flag and ranchers; abilities. Whereas American farmers take pride in on their packaging so that all Ameri- H.R. 5610, the Independent Living their yearly harvest, and consumers value cans know quickly and easily that the Centers Technical Adjustment Act, as ‘‘grown in America’’ produce, and in doing so food that they are feeding their fami- passed in the House and Senate, allows contribute to the protection of American’s lies is grown with pride right here in States to apply to the Department of ability to be self-sufficient, create jobs, and the good old USA. Education for a waiver to disregard remain a world leader; In the U.S., we have 310 million con- funds received under the American Re- Whereas rural Americans honorably serve sumers to feed, and much of the food is covery and Reinvestment Act in the their country in peace time and in war, sac- supplied by our hardworking farmers fiscal year 2010 allotments. rificing their lives for their land and Nation; right here at home. Whether you real- Whereas, as a sign of support, rural Ameri- Because of a discrepancy in how cur- cans regularly display the flag in their ize it or not, agriculture is at the cen- rent law factors in prior year funds, homes, on their barns, and anyplace else ter of many of our vital issues: feeding some independent living centers will they can find to share their love of flag and the hungry, improving our health, ad- see dramatic decreases in the funding country; dressing the crisis of childhood obesity,

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00094 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 28, 2010 CONGRESSIONAL RECORD — HOUSE H6259 emphasizing the importance of the This resolution encourages them to of a small parcel of National Forest school lunch program and much, much stand tall for what they provide for us System land in the Cherokee National more. every day. Forest and to authorize the Secretary Where does that food come from? When passage of the 2008 farm bill of Agriculture to use the proceeds from From people across the United States closed the long-running debate on man- that conveyance to acquire a parcel of who are becoming more curious about datory country-of-origin labeling for land for inclusion in that national for- their food sources. They want to know fruits, vegetables, meat, and poultry, est, and for other purposes, as amend- more about the food products them- there remained considerable concern ed. selves and who grew it. among opponents that we should not The Clerk read the title of the bill. This resolution also has a practical impose labeling on our producers. The The text of the bill is as follows: application. Starting in 2002, Congress reasoning held that origin labeling is H.R. 4658 mandated that all food products be la- an element of marketing and should be Be it enacted by the Senate and House of Rep- beled with their country of origin. We left to the producers, processors, pack- resentatives of the United States of America in Congress assembled, had a sense that consumers wanted to ers, and retailers that bring America’s SECTION 1. SHORT TITLE. know the true origins of their food. food to our tables. Proponents of label- This Act may be cited as the ‘‘Benton And when given that choice, consumers ing argued that affixing country-of-ori- MacKaye Cherokee National Forest Land will choose an American-made product gin labeling would enhance value and Consolidation Act of 2010’’. most every time. This choice strength- benefit farmers and ranchers. SEC. 2. LAND CONVEYANCES, CHEROKEE NA- ens demand and prices for U.S. farmers Mr. Speaker, no matter what posi- TIONAL FOREST, TENNESSEE. and ranchers. It is also important that tion an individual has taken on the (a) CONVEYANCE AUTHORIZED.—The Sec- the public understand the vital role do- retary of Agriculture (in this section re- question of country-of-origin labeling, ferred to as the ‘‘Secretary’’) shall convey mestic agriculture carries out to it is easy to support this resolution. and quitclaim to the Towee Falls Baptist produce the safest and highest quality House Resolution 1558 simply asserts Church all right, title, and interest of the food in the world. that the American flag is such a posi- United States in and to a parcel of National Agriculture not only serves the pub- tive attribute that farmers are encour- Forest System land in Cherokee National lic with high quality food, but it also aged to use this symbol to promote the Forest consisting of approximately 66.5 acres creates jobs right here. In a time of products they grow here at home in surrounding the Towee Falls Baptist Church, economic hardship, a strong agricul- as generally depicted on the map titled America. ‘‘Legislative Map H.R. 4658’’ and dated June tural sector is needed to ensure em- Mr. Speaker, I support this resolu- 1, 2010 (in this section referred to as the ployment at multiple levels. We often tion because it encourages our farmers ‘‘parcel’’). use the expression ‘‘farm to fork’’ in and ranchers to act in what we believe (b) CONSIDERATION.— reference to the jobs gained as a cer- to be their own self interest, while re- (1) CONSIDERATION REQUIRED.—As consider- tain commodity is grown, harvested, fraining from additional regulatory re- ation for the conveyance of the parcel, the packed, bagged, labeled, shipped, and quirements or burdens. Towee Falls Baptist Church shall pay to the sold at local farmers’ markets and in I reserve the balance of my time. Secretary an amount of cash equal to the market value of the parcel based on an ap- our neighborhood grocery stores. Mr. CARDOZA. Mr. Speaker, I want praisal approved by the Secretary. With this resolution, consumers can to thank the gentlelady from Ohio, the (2) DEPOSIT OF CONSIDERATION.—The consid- be even more empowered to choose ranking member on my committee, for eration received under paragraph (1) shall be American products over foreign im- her support of this resolution. It’s a deposited into the account in the Treasury ports. The flag clearly communicates pleasure to serve with her on the Horti- established by Public Law 90–171 (commonly the origin of the fruit or vegetable, and culture and Organic Subcommittee of known as the Sisk Act; 16 U.S.C. 484a). it’s easier to read than the fine print at the Agriculture Committee. I would (3) USE OF CONSIDERATION.— the bottom of the label that reads just say that support of this resolution (A) IN GENERAL.—Monies deposited pursu- ‘‘Product of the USA.’’ ant to paragraph (1) shall be available to the is in fact, as she said, something that Secretary, until expended and without fur- If we want to feed our children the will help promote products, and it is ther appropriation, for the acquisition of healthiest possible foods and simulta- voluntary. lands and interests in land in the Cherokee neously try to create jobs in our coun- Mrs. SCHMIDT. Mr. Speaker, I yield National Forest in Tennessee. try, then we need to encourage Amer- back the balance of my time. (B) ACQUISITION OF DOC ROGERS TRACT.— ican production of American products. Mr. CARDOZA. Mr. Speaker, I ask Congress finds that it is in the public inter- I’m proud of the great agricultural tra- my colleagues to support the motion, est that the Secretary acquire from the Mon- dition of this country, Mr. Speaker, and I yield back the balance of my roe County Tennessee Board of Education all and I encourage my colleagues to sup- right, title, and interest of the Board of Edu- time. cation in and to a tract of land in Monroe port this resolution. The SPEAKER pro tempore. The County, Tennessee, consisting of approxi- I reserve the balance of my time. question is on the motion offered by mately 102 acres and known as the ‘‘Doc Rog- Mrs. SCHMIDT. Mr. Speaker, I yield the gentleman from California (Mr. ers tract’’. The Secretary may apply the myself such time as I may consume. CARDOZA) that the House suspend the monies deposited pursuant to paragraph (1) Mr. Speaker, I rise in support of rules and agree to the resolution, H. to acquire the Doc Rogers tract if the Sec- House Resolution 1558, which expresses Res. 1558. retary and the Monroe County Tennessee the sense of Congress that our Nation’s The question was taken. Board of Education reach agreement on the farmers use the American flag to pro- The SPEAKER pro tempore. In the terms of a Federal acquisition. (c) VALUATION.—The parcel will be ap- mote fruits, vegetables, and commod- opinion of the Chair, two-thirds being praised in accordance with appraisal speci- ities produced in the United States. in the affirmative, the ayes have it. fications prescribed by the Secretary, and In the early 20th century, about 40 Mr. CARDOZA. Mr. Speaker, on that such specifications shall include that the percent of Americans were engaged in I demand the yeas and nays. parcel be valued as a free standing lot agricultural production. Today, that The yeas and nays were ordered. unconnected with any larger tract, and number is down to 1.75 percent. Our Na- The SPEAKER pro tempore. Pursu- unencumbered with any Forest Service spe- tion’s farmers and ranchers provide ant to clause 8 of rule XX and the cial use authorization held by the Church. (d) CONDITION OF CONVEYANCE.—The con- Americans the safest, most affordable, Chair’s prior announcement, further veyance of the parcel shall be subject to the and most abundant food supply in the proceedings on this motion will be condition that the Towee Falls Baptist history of the world. Our bounty of sus- postponed. Church accept the parcel in its condition at tainable and nutritious food is so great f the time of conveyance (commonly known as that we also feed countless millions a conveyance ‘‘as is’’). around the world. BENTON MACKAYE CHEROKEE NA- (e) SURVEY AND COSTS.—The exact acreage America’s farmers and ranchers en- TIONAL FOREST LAND CONSOLI- and legal description of the parcel shall be DATION ACT OF 2010 determined by a survey satisfactory to the dure uncertain weather, regulatory Secretary of Agriculture. The cost of the burdens, and animal and plant disease Mr. CARDOZA. Mr. Speaker, I move survey and all other costs incurred by the and pest threats in order to participate to suspend the rules and pass the bill Secretary to convey the parcel shall be borne in a highly competitive global market. (H.R. 4658) to authorize the conveyance by the Towee Falls Baptist Church.

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00095 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6260 CONGRESSIONAL RECORD — HOUSE July 28, 2010 (f) ADDITIONAL TERMS.—The Secretary may will be used to purchase a 102-acre STORY COUNTY, IOWA LAND require such additional terms and conditions tract of land to add to the national for- CONVEYANCE in connection with the conveyance of the est. I think it’s a good deal. The land Mr. CARDOZA. Mr. Speaker, I move parcel as the Secretary considers appro- exchanges would ensure better land priate to protect the interests of the United to suspend the rules and pass the bill States. management by the Forest Service and (H.R. 5669) to direct the Secretary of the Cherokee National Forest. SEC. 3. STATUTORY PAY-AS-YOU-GO LANGUAGE. Agriculture to convey certain Feder- The budgetary effects of this Act, for the This bill will not cost the taxpayers ally owned land located in Story Coun- purpose of complying with the Statutory one penny. The church is responsible ty, Iowa, as amended. Pay-As-You-Go-Act of 2010, shall be deter- for all costs associated with the pur- The Clerk read the title of the bill. mined by reference to the latest statement chase of the land. The gentleman from The text of the bill is as follows: titled ‘‘Budgetary Effects of PAYGO Legisla- Tennessee (Mr. DUNCAN) has worked H.R. 5669 tion’’ for this Act, submitted for printing in with the Forest Service to ensure that Be it enacted by the Senate and House of Rep- the Congressional Record by the Chairman of this bill is drafted in a manner that is resentatives of the United States of America in the House Budget Committee, provided that acceptable to all interested parties, in- Congress assembled, such statement has been submitted prior to SECTION 1. PURPOSES AND DEFINITIONS. the vote on passage. cluding the community. I think this is a great idea. I hope my colleagues will (a) PURPOSES.—The purposes of this Act The SPEAKER pro tempore. Pursu- join me in supporting this bill. are— (1) to direct the conveyance of approxi- ant to the rule, the gentleman from Mr. DUNCAN. Mr. Speaker, I rise in support California (Mr. CARDOZA) and the gen- mately 44 acres, more or less, of Federally of my amended bill, H.R. 4658, the Benton owned land administered by the Agricultural tlewoman from Ohio (Mrs. SCHMIDT) MacKaye Cherokee National Forest Land each will control 20 minutes. Research Service to the City of Ames, Iowa; Consolidation Act. and The Chair recognizes the gentleman This bill is a simple bill that authorizes the (2) to authorize the use of the funds derived from California. Secretary of Agriculture to convey to the from the conveyance to purchase replace- GENERAL LEAVE Towee Falls Baptist Church a 65-acre parcel ment land and for other purposes relating to Mr. CARDOZA. Mr. Speaker, I ask of National Forest System land in the Cher- the National Animal Disease Center. unanimous consent that all Members (b) DEFINITIONS.—In this Act: okee National Forest, which surrounds the (1) CITY.—The term ‘‘City’’ means the City may have 5 legislative days within Church. of Ames, Iowa, and its assigns. which to revise and extend their re- The bill would also allow the Forest Service (2) PROPERTY.—The term ‘‘Property’’ marks on H.R. 4658. to acquire from the Monroe County Tennessee means approximately 44 acres, more or less, The SPEAKER pro tempore. Is there Board of Education an 102-acre parcel of land of the Federally owned land comprising part objection to the request of the gen- in Monroe County, Tennessee, known as the of the National Animal Disease Center, tleman from California? Doc Rogers tract. The result is a net increase which— There was no objection. of 37 acres for the Cherokee National Forest. (A) was acquired by the United States in Mr. CARDOZA. Mr. Speaker, I yield 1951 within sec. 1, T. 83 N., R. 24 W., Fifth This bill is very important to Monroe County, Principal Meridian; and myself such time as I may consume. Tennessee, a rural county in my District that (B) is generally located on 13th Street in Mr. Speaker, H.R. 4658, the Benton- is struggling economically. This bill is a win- the City. MacKaye Cherokee National Forest win for all parties involved. (3) SECRETARY.—The term ‘‘Secretary’’ Land Consolidation Act, authorizes the The Towee Falls Church sale would allow means the Secretary of Agriculture. conveyance of land in the Cherokee Na- the Forest Service to dispose of a piece of SEC. 2. PROPERTY CONVEYANCE. tional Forest and authorizes the Sec- property and end an inholding created by the (a) IN GENERAL.—On receipt of the consid- retary to use the proceeds of the sale of granting of a permit to the church in question eration and cost reimbursement provided in that land for purchase of other suitable in 1946. this Act, the Secretary shall convey and quitclaim to the City, all rights, title, and land within the forest. This bill, spon- The Church is a willing buyer of the addi- interests of the United States in the Prop- sored by my colleague from Tennessee, tional property to expand its building and cem- erty subject to easements and rights of Representative DUNCAN, has the sup- etery, the latter of which will soon be full. record and such other reservations, terms, port of the Forest Service. The sale of the Doc Rogers tract would and conditions as the Secretary may pre- Specifically, this legislation would allow the Monroe County School Board to dis- scribe. relieve the Forest Service of a 66.5-acre pose of a piece of property that the Forest (b) CONSIDERATION.— parcel of land that has long been main- Service would like to purchase because it is (1) IN GENERAL.—As consideration for the conveyance authorized by this Act, the City tained by the Towee Falls Baptist traversed by the Benton MacKaye Trail, a hik- shall pay to the Secretary an amount in cash Church. The church will purchase the ing trail that feeds into the Appalachian Trail. equal to the market value of the Property. land at a fair market value to make This bill is named in honor of Benton (2) APPRAISAL.— the needed expansion to the property’s MacKaye, who was an American forester, (A) IN GENERAL.—To determine the market cemetery and church buildings. The planner and conservationist who lived from value of the Property, the Secretary shall proceeds of the sale will be used to pur- 1879 to 1975. He helped pioneer the idea of have the Property appraised for the highest chase the Doc Rogers Tract within land preservation for recreation and conserva- and best use of the Property in conformity Cherokee National Forest. This tract is tion purposes. with the Uniform Appraisal Standards for Mr. MacKaye is best known for developing Federal Land Acquisitions developed by the close to the Benton-MacKaye Hiking Interagency Land Acquisition Conference. the idea of the Appalachian Trail, the National Trail, which feeds into the Appalachian (B) REQUIREMENTS.—The appraisal shall be Trail. The local community supports Scenic Trail that runs 2,179 miles from Geor- subject to review and approval by the Sec- this sale, including the parcel into the gia to Maine and runs through my District in retary, and the approved appraisal shall at forest boundary. Tennessee. all times be the Property of the United I encourage all my colleagues to sup- Mrs. SCHMIDT. I yield back the bal- States. port the legislation. ance of my time. (c) CORRECTIONS.—With the agreement of Mr. CARDOZA. Mr. Speaker, I yield the City, the Secretary may make minor b 2100 back the balance of my time. corrections or modifications to the legal de- Mrs. SCHMIDT. Mr. Speaker, I yield scription of the Property or configure the The SPEAKER pro tempore. The Property to facilitate conveyance. myself such time as I may consume. question is on the motion offered by (d) COSTS.— Mr. Speaker, I rise in strong support the gentleman from California (Mr. (1) IN GENERAL.—Except as provided in of H.R. 4658, a bill that authorizes two CARDOZA) that the House suspend the paragraph (2), the City shall at closing pay land exchanges in the Cherokee Na- rules and pass the bill, H.R. 4658, as or reimburse the Secretary, as appropriate, tional Forest. This legislation author- amended. for the reasonable transaction and adminis- izes the Forest Service to sell a 66-acre The question was taken; and (two- trative costs incurred by the Secretary asso- tract of land to the Towee Falls Bap- thirds being in the affirmative) the ciated with the conveyance authorized by this Act, including personnel costs directly tist Church in order to enlarge their rules were suspended and the bill, as attributable to the transaction, and the cemetery which is within the boundary amended, was passed. transactional costs of appraisal, survey, title of the national forest. The funds the A motion to reconsider was laid on review, hazardous substances examination, Forest Service receives from this sale the table. and closing costs.

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00096 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 28, 2010 CONGRESSIONAL RECORD — HOUSE H6261 (2) ATTORNEYS FEES.—The City and the The SPEAKER pro tempore. Is there H.R. 5669 will allow the city to buy Secretary shall each bear their own attor- objection to the request of the gen- land from the USDA’s National Animal neys fees. tleman from California? Disease Center and use that land to (e) HAZARDOUS MATERIALS.— There was no objection. build a modern water treatment plant. (1) IN GENERAL.—For the conveyance authorized by this Act, the Secretary shall Mr. CARDOZA. Mr. Speaker, I yield Before introducing this legislation, meet disclosure requirements for hazardous myself such time as I may consume. city officials were exploring the acqui- substances, but shall otherwise not be re- Mr. Speaker, H.R. 5669 would author- sition of nearby farmland by eminent quired to remediate or abate those sub- ize the Secretary of Agriculture to sell domain. This bill will prevent a con- stances or any other hazardous pollutants, a parcel of land that is part of the Na- flict between the city of Ames and the contaminants, or waste that might be tional Animal Disease Center to the local landowners. The farmland in present on the Property at the time of clos- city of Ames, Iowa, in order to facili- question is highly productive land. In ing. tate the building of a new water treat- fact, it’s a century farm. It has been in (2) LEAD-BASED PAINT OR ASBESTOS-CON- TAINING BUILDING MATERIALS.— ment facility. that family for over 100 years. Century (A) IN GENERAL.—Notwithstanding any pro- Faced with increasing demand and farms have a special status in Iowa, vision of law relating to the mitigation or aging infrastructure, the city has de- and the families who have carried on abatement of lead-based paint or asbestos- termined that the most cost-effective the tradition of farming have deep ties containing building materials and except as solution is to build a new plant. The to the soil. provided in subparagraph (B), the Secretary land owned by USDA adjacent to the Working with the city of Ames and shall not be required to mitigate or abate National Animal Disease Center is such the USDA, I believe we have found a any lead-based paint or asbestos-containing a suitable location. If Congress does way to preserve this fertile land and building materials present on the Property at the time of closing. not authorize this land for sale, then honor the memory of the man who (B) REQUIREMENTS.—If the Property has the city of Ames may find itself in the began farming it, Abel Powell Griffith. lead-based paint or asbestos-containing unpopular position of using eminent Griffith, a Union Army veteran, picked building materials, the Secretary shall— domain to acquire land to move for- this land because it was near Iowa (i) provide notice to the City of the pres- ward with the project. State University, and he knew his de- ence of the lead-based paint or asbestos-con- It makes sense to move this legisla- scendants would be able to get a qual- taining building materials; and tion quickly so that a needed infra- ity education while making a living (ii) obtain written assurance from the City structure project can move forward, es- through farming. that the City will comply with applicable pecially since the United States De- Federal, State, and local laws relating to the H.R. 5669 is a win for everyone in- management of the lead-based paint and as- partment of Agriculture has expressed volved. Ames, Iowa, will be able to pro- bestos-containing building materials. support for this legislation. ceed with its water treatment facility, (f) OTHER TERMS.—The Secretary and the I urge my colleagues on both sides of residents will have clean water, the City may agree on such additional terms as the aisle to join me in supporting this Animal Disease Center will be able to may be mutually acceptable and that are not bill. plan for its needs, and the landowners inconsistent with the provisions of this Act. I reserve the balance of my time. will be spared the loss of productive SEC. 3. RECEIPTS. Mrs. SCHMIDT. Mr. Speaker, I yield farmland. (a) IN GENERAL.—The Secretary shall de- myself such time as I may consume. posit all funds received from the conveyance I appreciate very much the time. authorized under this Act, including the Mr. Speaker, today I rise in support Mrs. SCHMIDT. Mr. Speaker, I yield market value consideration and the reim- of H.R. 5669. This bill will allow the Ag- back the balance of my time. bursement for costs, into the Treasury of the ricultural Research Service to convey Mr. CARDOZA. Mr. Speaker, I want United States to be credited to the appro- 44 acres of land in Ames, Iowa, to the to congratulate my friend and col- priation for the Agricultural Research Serv- city of Ames. The funds derived from league from Iowa for doing what seems ice. this conveyance will then be used by to be a very responsible piece of legis- (b) USE OF FUNDS.—Notwithstanding any limitation in applicable appropriation Acts the Agricultural Research Service to lation here. for the Department of Agriculture or the Ag- purchase replacement land and for I have no further speakers, and I ricultural Research Service, all funds depos- other purposes relating to the National yield back the balance of my time. ited into the Treasury pursuant to sub- Animal Disease Center. The SPEAKER pro tempore. The section (a) shall— The National Animal Disease Center question is on the motion offered by (1) be available to the Secretary until ex- located in Ames, Iowa, is the largest the gentleman from California (Mr. pended, without further appropriation, for Federal animal disease center in the CARDOZA) that the House suspend the the acquisition of land and interests in land United States. This facility, along with and other related purposes of the National rules and pass the bill, H.R. 5669, as Animal Disease Center; and the National Veterinary Services Lab- amended. (2) be considered to authorize the acquisi- oratory and the Center for Veterinary The question was taken; and (two- tion of land for the purposes of section 11 of Biologics co-located on the same site, thirds being in the affirmative) the the Act of August 3, 1956 (7 U.S.C. 428a). make up our National Centers for Ani- rules were suspended and the bill, as SEC. 4. STATUTORY PAY-AS-YOU-GO LANGUAGE. mal Health. amended, was passed. The budgetary effects of this Act, for the The USDA has advised that it no A motion to reconsider was laid on purpose of complying with the Statutory longer has any use for the land to be the table. Pay-As-You-Go-Act of 2010, shall be deter- conveyed and that it supports this leg- f mined by reference to the latest statement islation. titled ‘‘Budgetary Effects of PAYGO Legisla- This legislation is important for the CONGRATULATING JOHN COLEMAN tion’’ for this Act, submitted for printing in ON HIS CONFIRMATION AS COM- the Congressional Record by the Chairman of continued development and operation the House Budget Committee, provided that of this critical laboratory facility, and MISSIONER OF THE PENNSYL- such statement has been submitted prior to I ask my colleagues to support this leg- VANIA PUBLIC UTILITY COMMIS- the vote on passage. islation. SION The SPEAKER pro tempore. Pursu- Mr. Speaker, I yield as much time as (Mr. THOMPSON of Pennsylvania ant to the rule, the gentleman from he may consume to the gentleman asked and was given permission to ad- California (Mr. CARDOZA) and the gen- from Iowa (Mr. LATHAM). dress the House for 1 minute and to re- tlewoman from Ohio (Mrs. SCHMIDT) Mr. LATHAM. I thank the gentle- vise and extend his remarks.) each will control 20 minutes. woman from Ohio for yielding and the Mr. THOMPSON of Pennsylvania. The Chair recognizes the gentleman gentleman from California, and I cer- Mr. Speaker, I rise today to congratu- from California. tainly want to thank Chairman PETER- late Mr. John Coleman from Port Ma- GENERAL LEAVE SON and Ranking Member LUCAS for tilda, Pennsylvania, on his Pennsyl- Mr. CARDOZA. Mr. Speaker, I ask waiving jurisdiction so that we could vania State Senate confirmation as unanimous consent that all Members shepherd this bill to the floor, H.R. Commissioner of the Pennsylvania have 5 legislative days within which to 5669. Public Utility Commission. revise and extend their remarks on This bill really is a solution for the Coleman recently resigned as the H.R. 5669. city of Ames and the local landowners. president and CEO of the Chamber of

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00097 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6262 CONGRESSIONAL RECORD — HOUSE July 28, 2010 Business and Industry of Centre Coun- touched the lives of people all across and her softball team posted an impres- ty after 11 years of dedicated service. our community with his outgoing spir- sive 37–6-1 record for the season. Under John’s leadership, the chamber it. There is no question that these stu- experienced significant organizational Chief Kallai was known as a cop’s cop dents have the leadership, dedication, growth, becoming the largest business and a true professional. His death was and commitment that it takes to membership organization in central a shock to his family and the City of achieve great things now and in the fu- Pennsylvania. He oversaw such Barberton and the numerous commu- ture. They are persistent. They fin- projects as the construction of the 217- nities throughout Ohio which he ished second last year; now they are acre Benner Commerce Park, adding to touched. number one. his reputation. Over the past weeks, we have seen The Lady Oilers are proven role mod- Through his work in State College, just how much he meant to so many. els and a source of pride for Pearland. Mr. Coleman has proven himself to be Though he was soft spoken, Mike had a With hard work and dedication, they an effective leader, and as he prepares commanding presence and was very have achieved their lofty goals. to pick up and move to Harrisburg, I well respected and, as the hardest Mr. Speaker, I congratulate the am certain he’ll be a valuable addition worker on the force, helped every serv- Pearland Lady Oilers on their cham- to the commission. In Harrisburg, he ice department in Barberton in some pionship and thank them for rep- will join the five-member commission, way or another. resenting their community and school which provides oversight to more than So much love was felt for the chief in a manner befitting the champions 8,600 utility and transportation compa- throughout the community that over that they are. nies and provides work for approxi- 100 former and present wrestlers, who f mately 500 employees. were coached by Chief Kallai, were in HELP THE UNEMPLOYED AND THE His experience as president of the attendance at his funeral. Police offi- WORKING FAMILIES IN AMERICA chamber, as well as his overall exper- cers stood at attention outside the tise, will certainly prove useful during church in sweltering heat. The sea of The SPEAKER pro tempore. Under a his service in Harrisburg. I wish Mr. blue uniforms was a testament to the previous order of the House, the gen- Coleman the best of luck in his upcom- fraternal brotherhood of police that he tleman from New York (Mr. TOWNS) is ing endeavor. embraced, the thin blue line. recognized for 5 minutes. Mr. TOWNS. Madam Speaker, I rise f His spirit and dedication to our community will be sorely missed, but his today to encourage my colleagues to b 2110 service and his sacrifice will never be help the unemployed and the working families in America. SPECIAL ORDERS forgotten. Barberton was the community he Last week we did the seemingly im- The SPEAKER pro tempore. Under grew up in. It was the community he possible. We helped millions of Ameri- the Speaker’s announced policy of Jan- served in and he embraced. His memory cans that were no longer able to put uary 6, 2009, and under a previous order will live on in the hearts of his family, food on the table because through no of the House, the following Members friends, and our community. fault of their own, their company had will be recognized for 5 minutes each. Chief Kallai will truly be missed. We to let them go. We sent a message that this Congress, and this President, f will always remember Mike for his would not leave them behind on our commitment to his community and his The SPEAKER pro tempore. Under a road to recovery. dedication to his family. He was a previous order of the House, the gentle- Last month, over 8,300 jobs were friend and a leader, and he leaves a woman from California (Ms. LEE) is added in the private sector in NYC void that cannot be filled. recognized for 5 minutes. alone. That’s pretty significant, but we On behalf of the people of Ohio’s 13th (Ms. LEE of California addressed the can do better. District, I want to express my deepest House. Her remarks will appear here- While the unemployment rate is after in the Extensions of Remarks.) sympathies to the Kallai family. They steadily dropping across the country, have lost a great son, brother, husband, f unemployment within minority com- father, and grandfather who passed munities is, at best, staying the same, HONORING BARBERTON POLICE away much too soon, and we have lost at nearly double the rate. That’s pretty CHIEF MICHAEL KALLAI a true friend and committed member of significant too. The SPEAKER pro tempore. Under a our community. I have said this time and time previous order of the House, the gentle- f again—but small business will drive woman from Ohio (Ms. SUTTON) is rec- The SPEAKER pro tempore. Under a our economy towards recovery. Our ognized for 5 minutes. previous order of the House, the gen- colleagues in the Senate are currently Ms. SUTTON. Mr. Speaker, I rise tleman from Kansas (Mr. MORAN) is working on efforts to assist small busi- today with a heavy heart to honor the recognized for 5 minutes. nesses across the nation. They are life and service of Barberton Police (Mr. MORAN of Kansas addressed the helping to ensure that small businesses Chief Michael Kallai. On June 30, Chief House. His remarks will appear here- will have access to something des- Kallai suffered a fatal heart attack after in the Extensions of Remarks.) perately needed—credit. I support the work that the Senate is doing and hope while vacationing in Tennessee with f his family. that when this proposal returns to the Chief Kallai was a committed public PEARLAND HIGH SCHOOL LADY House for a vote, my colleagues here servant, a 32-year veteran of the Bar- OILERS will join me in support. berton Police Department, serving the The SPEAKER pro tempore. Under a Let’s not forget our working fami- last 13 years as police chief. previous order of the House, the gen- lies—in particular, in communities of But, most importantly, he was the tleman from Texas (Mr. OLSON) is rec- color. As our country moves forward, loving and devoted husband of 35 years ognized for 5 minutes. let’s move forward together. Let’s not to his wife, Jennifer, and the proud fa- Mr. OLSON. Mr. Speaker, I rise today leave anyone behind. ther of four—Michael, Jr., Joe, Zak and to congratulate the Pearland High f Vanessa. School Lady Oilers for winning the The SPEAKER pro tempore. Under a Chief Kallai was also very proud to UIL–5A State softball championship. previous order of the House, the gen- be an assistant wrestling coach at The Lady Oilers defeated Austin tleman from Texas (Mr. POE) is recog- Wadsworth High School for the past 19 Bowie on June 5 with a 4–0 victory. It’s nized for 5 minutes. years. impressive to note that five Lady Oil- (Mr. POE of Texas addressed the He was born in Barberton, Ohio, and ers were named to the UIL State All- House. His remarks will appear here- lived in the area all of his life, and he Around Team. Coach Laneigh Clark after in the Extensions of Remarks.)

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00098 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 28, 2010 CONGRESSIONAL RECORD — HOUSE H6263 HONORING CHILDREN’S AID SOCI- ation, the 3 days of activities August 27 tleman from Florida (Mr. PUTNAM) is ETY OF CLEARFIELD, JOHNSON- through 29 promises to hold something recognized for 5 minutes. BURG BOROUGH, AND TIOGA IN for everyone. (Mr. PUTNAM addressed the House. FIFTH DISTRICT OF PENNSYL- I am proud of this community in my His remarks will appear hereafter in VANIA district and wish it continued success the Extensions of Remarks.) The SPEAKER pro tempore. Under a and prosperity for the next 200 years. f previous order of the House, the gen- Finally, Mr. Speaker, the tiny com- The SPEAKER pro tempore. Under a tleman from Pennsylvania (Mr. THOMP- munity of Tioga celebrates its 150th previous order of the House, the gen- SON) is recognized for 5 minutes. anniversary this year. It’s located in tleman from Oregon (Mr. DEFAZIO) is Mr. THOMPSON of Pennsylvania. Tioga County, Pennsylvania, near the recognized for 5 minutes. Mr. Speaker, I rise this evening to border of New York State. (Mr. DEFAZIO addressed the House. mark a number of very important anni- When it was founded, the community His remarks will appear hereafter in versaries and celebrations within my was a dense and overpowering wilder- the Extensions of Remarks.) congressional district. ness of towering pines and hemlocks f First, today I rise to honor the com- with deep undergrowth and teeming The SPEAKER pro tempore. Under a passionate work that goes on in the wildlife. The early inhabitants were previous order of the House, the gentle- nearly 100-year-old Children’s Aid Soci- tribes of Seneca Indians, who viewed it woman from Florida (Ms. ROS- ety house in Clearfield, Pennsylvania. as prime hunting and fishing grounds. LEHTINEN) is recognized for 5 minutes. (Ms. ROS-LEHTINEN addressed the On this coming August 6, the society b 2120 will be celebrating its 120th anniver- House. Her remarks will appear here- sary, marking over a century of dedica- It took a brave family, Jesse Losey after in the Extensions of Remarks.) tion and service. and his wife, to travel from New Jersey f Originally founded as a child welfare and become the first settlers in the The SPEAKER pro tempore. Under a agency, which served to place orphan area. Later, Benajah Ives acquired the previous order of the House, the gentle- children into suitable homes, the Soci- Losey land and built a house and inn at woman from Ohio (Ms. KAPTUR) is rec- ety eventually grew into a successful the southern part of Tioga Borough, ognized for 5 minutes. children’s home. Several auxiliaries now located beneath the Tioga Dam. (Ms. KAPTUR addressed the House. were established, from DuBois to There is even a story that Thomas Her remarks will appear hereafter in Winburne, and they proved instru- Berry won Ives’ Inn in a poker game, the Extensions of Remarks.) mental in fundraising, investigating and it was at Berry’s Inn that the first f homes, maintaining contact with the local elections were held in Tioga The SPEAKER pro tempore. Under a children placed in homes. County in 1804. previous order of the House, the gen- As the years passed, the Society also It was 1860 when Tioga Borough was tleman from Florida (Mr. LINCOLN expanded within Clearfield and became separated from Tioga Township and DIAZ-BALART) is recognized for 5 min- involved in many programs, such as recognized as a separate political divi- utes. Big Brothers Big Sisters and the sion. It is that date that is celebrated (Mr. LINCOLN DIAZ-BALART of Health and Human Services Council. this year. The residents are proud of Florida addressed the House. His re- This organization has received con- their town and their history, and I wish marks will appear hereafter in the Ex- sistent praise and monetary support them sincere congratulations on this tensions of Remarks.) from the public and has battled historic occasion. f through many financial and procedural f The SPEAKER pro tempore. Under a issues. Their endurance through time The SPEAKER pro tempore. Under a previous order of the House, the gen- and their far-reaching services attest previous order of the House, the gentleman from Nebraska (Mr. to the authenticity of their work. tleman from North Carolina (Mr. FORTENBERRY) is recognized for 5 min- Mr. Speaker, I congratulate the Chil- JONES) is recognized for 5 minutes. utes. dren’s Aid Society on their success and (Mr. JONES addressed the House. His (Mr. FORTENBERRY addressed the wish them the best in the future. remarks will appear hereafter in the House. His remarks will appear here- Here’s to another 120 years of success- Extensions of Remarks.) after in the Extensions of Remarks.) ful service. f Mr. Speaker, this also, this August, f marks the 200th anniversary of the The SPEAKER pro tempore. Under a MAKE IT IN AMERICA Johnsonburg borough in Elk County, previous order of the House, the gen- The SPEAKER pro tempore. Under and we will be celebrating this mile- tleman from Alabama (Mr. BRIGHT) is the Speaker’s announced policy of Jan- stone in August. recognized for 5 minutes. uary 6, 2009, the gentleman from Cali- Founded in 1810, its major industry (Mr. BRIGHT addressed the House. fornia (Mr. GARAMENDI) is recognized was paper, with a mill still operating His remarks will appear hereafter in for 60 minutes as the designee of the in the area. Originally owned by Curtis the Extensions of Remarks.) majority leader. Publishing Company, which published f GENERAL LEAVE the Saturday Evening Post, it was The SPEAKER pro tempore. Under a Mr. GARAMENDI. Mr. Speaker, be- thought to be the largest coated paper previous order of the House, the gen- fore I start, I would like to ask unani- mill in the world. tleman from Indiana (Mr. BURTON) is mous consent that all Members may Once called Quay, Johnsonburg is the recognized for 5 minutes. have 5 legislative days in which to re- oldest settlement in Elk County. Con- (Mr. BURTON of Indiana addressed vise and extend their remarks and in- sidered a booming town along the Clar- the House. His remarks will appear clude extraneous material on the sub- ion River, former President Ulysses S. hereafter in the Extensions of Re- ject of Manufacturing in America. This Grant used to come there to fish and marks.) is the subject of my Special Order to- visit the other retired Civil War gen- f night. erals. The SPEAKER pro tempore. Is there The SPEAKER pro tempore. Under a As befits a 200th anniversary, the objection to the request of the gen- previous order of the House, the gentle- community will hold a grand celebra- tleman from California? tion, including a parade and cere- woman from California (Ms. WOOLSEY) There was no objection. monies at the Johnsonburg Fire De- is recognized for 5 minutes. Mr. GARAMENDI. Mr. Speaker, if I partment, which is celebrating its own (Ms. WOOLSEY addressed the House. might just review with you and others 100th anniversary. Her remarks will appear hereafter in what’s happened since 2007 here in the There will be a social, fireworks dis- the Extensions of Remarks.) United States. As this diagram indi- play, a pancake breakfast, and a Fire f cates, beginning in 2007, the Great Re- Department Anniversary Dance. From The SPEAKER pro tempore. Under a cession during the George W. Bush ad- carnival games to an Elvis imperson- previous order of the House, the gen- ministration, reaching its lowest point

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00099 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6264 CONGRESSIONAL RECORD — HOUSE July 28, 2010 in December of 2008 and January of 2009 and share with us her experiences sistance, Quality, and Affordability where 750,000 jobs were lost. The about the great State of Ohio and Act, known as AQUA. It includes an Barack Obama administration came in ‘‘making it in America.’’ amendment of mine that will ensure in January of 2009 and within 2 months Ms. SUTTON. Thank you very much, that U.S. taxpayer dollars, number passed the first stimulus bill which lev- Representative GARAMENDI, for your one, are going to be used to build our eled off the decline and slowly began leadership as we move forward to acti- cities’ drinking water and sewer sys- the recovery of the American economy. vate our manufacturing base to revi- tems, and that when we do that, Amer- And most every month since January talize our economy. By enacting poli- ican-made steel and iron and manufac- of 2009 we’ve seen an improvement, so cies that will work with our U.S. man- tured goods are going to be used to that in this year, in 2010, we are now ufacturers and our workers, we are build them. going to ‘‘make it in America.’’ seeing small, but important, gains in b 2130 the employment in America. Some Manufacturing is the backbone of our 600,000 jobs have been created over the economy; it’s the backbone of our na- It is just another example of the last several months. This is the result tional security and, frankly, the prom- things that we can do to make it in of policies that were enacted by the ise of the middle class. When I grew up, America and to make it possible for Democratic Congress, the Senate, and it was a time when people could count our workers and for our economy to signed by the President. on a good manufacturing job to put make it in America. Those policies we need to understand. food on the table and take care of their Mr. GARAMENDI. Would the gentle- They began with the stimulus bill and families and have a pension that they lady yield for a moment? Ms. SUTTON. I yield. carried on through several other pieces could count on that would be there Mr. GARAMENDI. Do I understand of legislation. In each and every one of when they retired, and security. But you to say that, presently, our tax dol- those pieces of legislation, there was we’ve watched our Nation witness the lars that are used for water projects no help from our Republican col- loss of millions of good manufacturing and sanitation projects purchase steel, leagues. They were absent. They voted jobs due to policies that put our com- pumps and other material which are ‘‘no’’ on the American Recovery and panies and our workers at an unfair disadvantage. Over the last decade, manufactured overseas? Reinvestment Act; they voted ‘‘no’’ on Ms. SUTTON. We have seen our ‘‘buy we’ve certainly seen those effects the Workers, Homeownership, and America’’ provisions in a number of across the country, but we’ve seen Business Assistance Act—93 percent of our bills be whittled away over time so them in a big way in Ohio. them voted ‘‘no.’’ One hundred percent that we aren’t ensured the way that we voted ‘‘no’’ on the stimulus even The U.S. has lost roughly 6 million manufacturing jobs, with Ohio losing should be. When taxpayer dollars are though, as you can see from the charts used, I think the American taxpayers here, it stabilized the economy and more than one in three manufacturing jobs in the last decade. We’ve seen fac- expect that we use goods made in then led to 2.8 million people keeping America and that we put Americans to their jobs and getting a job here in the tory after factory close as jobs are shipped overseas. We’ve seen our work- work. That is what this amendment is United States. now going to ensure so that the predic- The Student Aid and Financial Re- ers and our jobs undercut by foreign ament that you’ve described can’t hap- sponsibility Act, 100 percent of Repub- countries and foreign companies and pen, because we now have an amend- licans voted ‘‘no,’’ denying students competitors that engage in unfair trade tactics, ranging from Chinese ment to stop it. larger loans, greater Pell Grants, and Mr. GARAMENDI. So we will use our currency manipulation, which is the it goes on and on. The Cash for tax dollars to create manufacturing same thing as cheating, to illegally Clunkers—and we will hear from Ohio jobs in America. in a few moments—a majority of the subsidized steel; and for too long we Ms. SUTTON. Exactly. Republicans voted ‘‘no.’’ The Demo- haven’t had a comprehensive plan to Mr. GARAMENDI. We will make it in crats had to carry the day. The hiring reverse this trend. But with our Make America. incentives to restore employment, the It in America initiative, we are saying If the gentlelady would yield, I would HIRE Act, creating 300,000 jobs, again, very loudly, very clearly, and very per- like to turn to our colleague, Dr. it was the Democrats; the Republicans sistently that we have had enough, KAGEN from Wisconsin. He and I were voted ‘‘no.’’ that we are going to pass policies that chatting earlier, and he was in a rage So after this 18 months of concerted work with and for our U.S. manufac- about what happens on the inter- effort to create jobs in America turers and our workers and our coun- national scene. through the various stimulus pro- try. Would you like to share that with us, grams, such as the Cash for Clunkers, Today we passed three bills that are Dr. KAGEN? the homeowners assistance programs, going to bolster U.S. manufacturing Mr. KAGEN. I certainly would. all of those, we’re seeing an improve- and provide for families in northeast I want to thank you for convening ment. But this was the first 18 months. Ohio and across this country opportu- this special hour to have this conversa- We are now moving on to the second nities for good jobs for today and for tion about manufacturing things here half of the Democratic agenda. If I tomorrow, because though we may in America and about making it in might just reach over here, this is the make different things or improved America. second half of the Democratic agenda, things, we still need to make things; Ms. SUTTON from Ohio described what Make It in America; Make It in Amer- and we’re going to do it today, and we need. We need a level playing field ica so that America can make it. we’re going to do it tomorrow. because, with a level playing field, we Manufacturing matters, and that’s Manufacturing jobs have a multiplier can compete and win against anybody the subject of our discussion. The first effect like no other job out there. Each in the world as long as we have a level 18 months, get people back to work, manufacturing job can generate at playing field, but that level playing stimulate the economy, set a solid least four other jobs in the private sec- field hasn’t existed for quite some foundation. We are now on the road to tor. Our workers can compete—we time. I’m not going to point fingers at permanent improvement in the Amer- know it—as long as they have a level which party started it, because we all ican economy through manufacturing. playing field, and our Make It in Amer- had something to do with it—Demo- Joining me here tonight are my col- ica agenda is going to help level that crats and Republicans alike. leagues from Wisconsin and from the playing field. How did it happen? How did our man- great State of Ohio to talk about man- So I’m very happy to be with you. I ufacturing base escape and bleed away? ufacturing in the Heartland—some of it know we’re going to talk about the Who opened the door? Who put the hole a little cool, or cold, depending on the bills that were passed today. And I in the ship? Who bled away our Amer- time of the year, and some of it, the want to just also, before I turn it over, ican manufacturing base? central part of America’s manufac- talk about something that we’re going I think it was corporate America. I turing sector. to do tomorrow. Tomorrow we are think, today, we are really back to 1910 I would like to ask the gentlewoman going to, under the Make It in America where our real competition is on Wall from Ohio, BETTY SUTTON, to join us agenda, we are going to take up the As- Street.

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00100 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 28, 2010 CONGRESSIONAL RECORD — HOUSE H6265 So people who are back home, listen- Again, whose side are you on—Wall Would you put that previous one ing tonight, have to ask themselves a Street’s or Main Street’s? back up? question: Well, whose side are we on? Third, these numbers are pretty Mr. KAGEN. I sure will. Do you want Do we have our heads in the boardroom frightening. the 22 cents an hour? of a Wall Street bank or of a Wall Mr. GARAMENDI. If the gentleman Mr. GARAMENDI. The 82 or the 22 Street corporation that is benefiting would yield, the Wall Street Reform cents an hour. Either way. by shipping our jobs overseas? Act goes to the heart of both of those So, if a corporation were to be mak- No, not at all. We have our feet on issues. ing shirts, ties, or suits here in Amer- the factory floor, and our voting record Mr. KAGEN. Exactly. ica, it could ship those jobs to China or shows it. Mr. GARAMENDI. There was signifi- to Cambodia and get a tax break. Now, You mentioned earlier in your open- cant reform of the mortgage industry this House voted to end that tax break. ing remarks about tax cuts. The Demo- with the Wall Street Reform and Con- We voted to end that tax break. crats have delivered over $300 billion in sumer Protection Act, and there was Mr. KAGEN. But it was Democrats. tax cuts to the middle class—to people also a provision—well, it wasn’t in the Mr. GARAMENDI. Again, whose side like Elaine from Peshtigo, who wrote Wall Street Reform Act, but there is a are you on? me this note. It’s people like Elaine debate going on now here in Congress Mr. KAGEN. Right. who have rung the bell: and in the Senate about what to do Mr. GARAMENDI. Every Republican I am soon an 80-year-old woman and with this executive pay, with this 300– voted to continue that corporate tax a widow. My husband and I farmed, and 1 ratio. That is the question of: break, giving those corporations tax we certainly had hard times the first Do we continue the middle class tax advantages, literally giving them our years, but the years now are harder for cuts, and do we let the tax cuts expire tax money so that they could offshore old people. Oil companies take a huge that the Bush administration put in for that garment worker’s job. profit. The CEOs make a salary no man the high and the mighty and the Ms. SUTTON. Excuse me. Will both on earth is worth. Pill companies are wealthy? gentlemen yield for just a moment? taking huge profits with no consider- Mr. KAGEN. Would the gentleman Mr. GARAMENDI. Of course. ation for old people. The people of my yield? Ms. SUTTON. You bring up such an generation lived through the Depres- Mr. GARAMENDI. Please. important point. sion, World War II and two more wars, Mr. KAGEN. The wealthy in America We had this policy that encouraged and now, in our old age, we face other have had a 10-year free ride. For the jobs to be moved offshore, and we had obstacles. past 10 years, they haven’t paid their other policies that, frankly, allowed, Well, Elaine, from Peshtigo, Wis- fair share. As a direct result, 63 percent for many years, unfair practices to un- consin, has nailed it. We are on her of the people in America who used to dercut our workers and our businesses. side. We voted to prevent the Repub- be middle class are now living pay- Now, I know we’re all pretty new licans from privatizing Social Secu- check to paycheck and week to week, here. You know, I’m in my second rity. We voted to prevent the Repub- and 43 percent of Americans have less term, and you’re in your first term, licans from sending her money to Wall than $10,000 in their retirement funds. and the gentleman from Wisconsin— Street. We voted to strengthen Medi- That is going up towards half of the you know, we just came here, so we’re care and to make sure that there are people in this country who will never fresh in the fight. Yet the reality is services available for prevention—and be able to retire. that it is important to notice what was at no cost to her and to her husband, Things have tilted towards the top. happening before the big recession hit. This trickle-up philosophy that Repub- should he still be around. We have b 2140 strengthened Medicare, but the Repub- licans launched on us for the past 8 licans are trying to destroy it. years really hasn’t worked for the mid- So in Ohio, those wages have taken Let me come back to the essential dle class. That is why I call it ‘‘middle our jobs overseas, with the help of tax point of being here. We know things class destruction,’’ and the numbers policies that we have finally been able, are tough for everybody in California, prove it. We have to keep people in with the majority on this side of the Ohio, Wisconsin, and everywhere else their own homes, but they can only af- aisle, to pass by ourselves to try and in America. How did it get this way? ford homes if they have the higher change. Well, we have been through some tough wage jobs, jobs where they’re making And it does beg the question, and I times. We are going to make it, but we things in America. listened to your comments earlier have a lot of work to do. Let me show you this one. If you about how we went through this litany What happened to our middle class? thought that was bad, here is our com- of measures to try and stabilize the Middle class destruction. Here is where petition. economy, and we did. And now, of it is today: How does the middle class become de- course, this is so important because Today, the banks own more homes stroyed? How do you compete with gar- this goes beyond stabilizing the econ- than people do. ment workers in China who are being omy, and it goes towards creating real Mr. GARAMENDI. Excuse me. paid 82 cents per hour? Well, I guess value by making real things, not pre- Are you telling us that banks own you go to Cambodia, because they get tend values that the banks made and more homes than individual families paid 22 cents per hour. people moving money around made. do? Now, America is watching tonight. Mr. KAGEN. Would the gentlewoman Mr. KAGEN. The banks own more Do you think Elaine’s children and yield? homes today than individual people do. grandchildren are looking forward to Ms. SUTTON. I will yield. Mr. GARAMENDI. Those would be working for 22 cents an hour? Maybe Mr. KAGEN. We want a middle class Wall Street banks? the banks should own all of the homes. to have higher wage jobs, to earn the Mr. KAGEN. Those would be banks As for the middle class in America, I’m money they need, to not just educate which derivatized and created these de- not sure why we even talk about it. It’s themselves as workers, but also their rivatives to somehow gin up the mort- an endangered species. family, to begin to save for a retire- gage market to $63 trillion when it was Mr. GARAMENDI. Before you go to ment that so far they haven’t had, and down to $13 trillion. The banks own the next issue, I recall a piece of legis- that can only happen with manufac- more homes than people do, but people lation that we had on the floor more turing jobs. But how can any corpora- need to be in their own homes at prices than a month ago. That piece of legis- tion on Wall Street or Main Street they can afford to pay. lation dealt with corporate tax breaks. compete with a government? Secondly, executives on Wall Street It ended corporate tax breaks for cor- What’s really going on in the world earn incomes that are 300 times that of porations that ship jobs offshore. When today is the idea, the free market cap- a worker on the factory floor—300–1. a corporation under the present Tax italism idea that grew up our middle Well, 25, 30 years ago, it was 20- to 25– Code sends a job offshore, it gets a tax class, the greatest middle class in 1. Now it’s 300–1. So things have been break. It amounts to $14.5 billion a human history. Free market cap- tilted in Wall Street’s favor. year. italism has bumped into a brick wall in

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00101 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6266 CONGRESSIONAL RECORD — HOUSE July 28, 2010 China because the Chinese and Asian Ohio, where I am so honored to serve, port American jobs but, rather, used to model of capitalism is the government has lost nearly 92,000 jobs because of support jobs in China. For what, 10 per- is the business, because over in China, China alone. In my congressional dis- cent? the case against China, they have no trict, the 13th District of Ohio, made It turns out it actually turned out to environmental protection laws. We do. up of hardworking citizens who want be more expensive because the Chinese The cost of everything we make went nothing but a fair shake, in my con- welds in the fabrication were not satis- up. Theirs went down. gressional district, 5,700 jobs have been factory, were purposely hidden, and it They have absolutely no social safety lost as a result of China’s currency ma- was only because an inspector finally net. If a worker in a factory gets in- nipulation, pointed out by the gen- arrived from California, looked at it jured, he or she is a widget and is gone. tleman from Wisconsin, and other ille- and said, Oh, my. This will not work. No social safety net. gal subsidies and unfair trade barriers. So they had to go back and do the And finally, they really, until re- And these, of course, are good paying whole thing over. cently, haven’t had a middle class. jobs that pay family sustaining wages. One example. I’ll give you more ex- They’re beginning to move up and de- And if I could just indulge the gen- amples as we go down here, but I’m velop a middle class. But, you know, tleman for one moment about a case telling you this: We can make it in where I come from, why should we have study, something that has played out America. to have our middle class begin to dis- in the past year or so. You know, dur- Wind turbines. We led in the develop- appear just so they can develop their ing this recession, when market forces ment of wind turbines. We’re spending own? I think that’s wrong. would indicate that you cut back on billions of dollars a year to subsidize And my final slide here, the chase steel production, do you know what the wind turbine industry. against China. Everybody on the China did? They ramped up production. China said, Oh, we’ve got wind in Democratic side of the aisle is fer- They dumped that steel into the China. Let’s build wind turbines. They vently interested in promoting making United States, and my steel companies, have excluded every international com- things in America. But how can we our manufacturing companies in Lo- pany except a Chinese company in the compete against China when they con- rain, Ohio, at U.S. Steel—and I like the manufacturing of turbines, and now tinue to manipulate their currency? It name, U.S. Steel—were undercut, and they are exporting those turbines to gives them a 20 percent to 40 percent so our workers were laid off. America. price advantage right out of the chute. So what did we do? What is our The same way with solar panels, pho- When China provides subsidies to in- mechanism? Right? Our mechanism is tovoltaic panels. And I’ll come to buses vestors from foreign nations to come in we go to the International Trade Com- a little later. But this is something and not pay taxes for several years, mission. So they had a preliminary that I find extraordinarily wrong, and well, we can’t afford to do that. We ac- hearing, and I went to the preliminary we’re going to change it. And before tually care about people in America. hearing, which was, evidently, an un- this conversation is over, we’re going And what about the value-added tax, usual move. But I think I’ve got to do to talk about how it can change. giving them 17 percent benefit? They everything I can to stand up for the Mr. KAGEN—excuse me. Dr. KAGEN. have import barriers you can’t believe. people that I represent, so I went to Mr. KAGEN. Yes, yes, the doctor in And then they have something else the preliminary hearing. the House. Thank you. we’re going to begin to talk about, like We got them to move the process for- I was very moved by the idea of steel ‘‘Buy American.’’ They’ve had, for a ward to a final hearing. We took a let- being targeted for extinction by Com- number of years, ‘‘Buy Chinese.’’ They ter, I took a letter signed by 40-some munist China. I was very moved. But I have taken advantage of the United colleagues in this House, and we went— represent Paper Valley, you know, States of America. And this Congress, I went and others got others to go, and Kimberly-Clark, Proctor & Gamble. We both the House and the Senate, until we all went to the final hearing of the have 22 different paper companies in this point in time, has been had be- ITC. This was about oil country tubu- my district or just outside of it. We in- cause we fell into this trap of chasing lar goods, which is what we make in vented the tissue business and femcare things at the lowest price of produc- the 13th Congressional District, and products. We have some tremendous tion. But these days must come to an how China was unfairly subsidizing paper products. end, and I believe it’s time for the their steel. b 2150 American people to understand whose And what happened? A unanimous side are we on. decision that it was, indeed, happening. But we have some problems. The The Democrats have a policy and a And you know what? That’s good, problem is that China has targeted not way forward to work our way back into right. That’s good news. But the only just steel for extinction here in Amer- prosperity, and it begins with address- problem is our people have been out of ica, but also automobiles, and a num- ing our trade imbalance with Asia and, a job for over a year before we get the ber of other things. And the list goes specifically, with China. It begins with tariff gone. on: armaments, power generation, oil this administration changing their Mr. GARAMENDI. Let me, if I might, and petrochemicals, telecommuni- mind about allowing China to manipu- just bring that to the West Coast. The cations, civil aviation, shipping, ma- late its currency. It begins with people San Francisco Bay Bridge, from Oak- chinery, automobiles, information like Ms. SUTTON, Mr. GARAMENDI, my- land to San Francisco, major artery, technology, iron, steel. They have self, standing up to big corporations on had a problem with the Loma Prieta some very strategic plans underway to Wall Street and calling them out. earthquake and had to be rebuilt. It’s target everything we manufacture for It’s time to change their ways, begin been a long process to rebuild. It’s extinction to take the jobs away. to make things in America, do that going to be a magnificent new bridge. And let me detail how they did it in through our trade deals as well. The CalTrans, California Transpor- paper. The government would purchase And I yield. tation Authority went out to bid. An raw materials in Brazil, at government Mr. GARAMENDI. Ms. SUTTON, would American contractor proposed two expense ship it over to China, ship it you like to pick it up from there? bids. One bid was the steel would be from the port on trucks up to the paper Ms. SUTTON. I appreciate the gentle- manufactured and fabricated here in mill, make the paper. And then again man’s remarks and I would—because the United States; the other bid was at government expense, after the gov- sometimes we come down here and we the steel would be manufactured and ernment allows slave-like wages to be make the case, but it’s important to fabricated in China. There was a 10 per- paid, the government then pays for the also let people know that it’s not just cent difference. The State of California paper to be shipped back to the port, us saying this. The Economic Policy chose to save 10 percent, and all of the shipped over off of Oakland, and then Institute, on this point about China, steel winds up being imported from dumped into the United States of the Economic Policy Institute reported China. America below our cost of production. that unfair trade with China has cost We lost jobs. This is an example of Well, as Ms. SUTTON pointed out, the our Nation 2.4 million jobs between where our tax money, and that’s ex- International Trade Commission can at 2001 and 2008. actly what it is, was not used to sup- times be effective, but it takes so long.

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00102 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 28, 2010 CONGRESSIONAL RECORD — HOUSE H6267 You know, justice delayed is justice de- There’s another one that came to me those tax loopholes that allowed these nied. In health care, treatment delayed in this process. Actually, today I had a Wall Street corporations, with the Re- is malpractice. And what happened in telephone town hall, and a fellow said, publican support, to take our jobs over- the paper industry, we lost two paper you know, in Vallejo, California, the seas? Is that really true? companies in my district because of old shipyard at Vallejo, Mare Island Mr. GARAMENDI. Well, the answer unfair trade and unbalanced trade with Shipyard, has this huge building, and is halfway home. This House passed Communist China. Only recently did one of the European train companies is legislation more than a month ago, and the Appleton company that makes setting up a shop there. They don’t tomorrow I believe we will have that coated paper have a successful case be- know what they are going to do with same legislation back for another vote. fore the ITC. it, but is there some way that you Our Republican colleagues universally I had the opportunity to testify, could help that company bring to voted ‘‘no’’ on ending the tax loophole much as BETTY did, and I was proud to Vallejo, California, and Mare Island that gives corporations $14.5 billion of hold up a picture of the family and to jobs to refurbish trains? And my an- our tax money to offshore American let these judges know that we’re not swer was, yes, absolutely. jobs. We’re going to end it. We’re going talking about dollars and cents and the We have had a buy American provi- to put the issue back on the floor to- worth of a piece of paper like a stock. sion in your tax money for years and morrow. We’re talking about people that live in years. There has also been in the law The problem is the United States their home and can’t chase their job to four waivers that Secretaries of Trans- Senate and the Republican Party, China. You can’t swim to China, get portation have used repeatedly for where in the Senate one Republican the job. You can’t survive there. So the more than 20 years now to waive off, Senator stands up and objects and says bottom line is we have to ship our val- forget about, ignore the buy America I’m going to filibuster, and everything ues overseas, not our jobs. clause. So about $5 billion a year of our stops. They got to round up 60 votes. Ms. SUTTON. You are so right. I just gasoline tax money is used not to buy The Republican Party controls that 60 want to put a highlight on this fact. buses and trains and light rail cars votes, and they have repeatedly, time When we went to that hearing, the made in America, but rather made after time said ‘‘no’’ to jobs for Amer- standard for judgment is material overseas. ican workers in the first 18 months of harm. So we showed that these actions So my answer to this gentleman was this Congress, where we have put 2.8 were undertaken and resulted in mate- a piece of legislation that I have intro- million people back to work. The Re- rial harm; and that material harm, duced, a lot of support among my publicans in this House and in the Sen- those are people, people with families Democratic colleagues to simply tell ate say ‘‘no.’’ that they’re trying to raise right here the Secretary of Transportation you I have got a solution for it. The next in this country right in Lorain, Ohio, don’t have four waivers; we’re elimi- Senator that says, I object and I’m and in Wisconsin, and all over this nating three of those discretionary going to filibuster ought to be paraded great country. And because of the waivers. If the cost is more than 25 per- down to the well of the Senate, the length of time that this went on, these cent, then maybe you can have a waiv- microphones turned on, and start talk- folks didn’t have the income coming er. But the other three waivers, they’re ing, Mr. Senator. Let’s see how long in. And guess what? Then our commu- gone. We’re bringing those manufac- you are going to talk with the C–SPAN nities didn’t have the tax base to sup- turing jobs, those manufacturing jobs cameras on you. My guess is within an port what? Police and fire and city that build the buses, that build the hour you’ll make a fool of yourself. services. And we end up what? Paying trains, that build the BART cars, the The filibuster will be over. The votes unemployment. And people suffer the MARTA cars, the transit cars here in will be there to put Americans back to loss of the dignity of work, which is so Washington, DC, we are going to make work. important to the people that I rep- those in America because, by golly, I yield. resent. They just want an opportunity. that’s our tax money, and we’re going Ms. SUTTON. I thank the gentleman, Mr. KAGEN. Everybody that we rep- to use it in America just as we’re going and I could not agree more. Call the resent understands the United States to use our tax dollars to make those bluff. Let them get up, make the case of America can’t pay its bills, can’t pay sanitation systems and water systems to the American people about why its debts on unemployment checks. We from American-made goods. That’s our they’re standing between people who need real checks, checks that come promise, and we can do it. need jobs and the jobs that can be from manufacturing. And that we can I talked to Secretary LaHood, the there. I mean, I don’t think the Amer- do with balanced trade, but we are run- Secretary of the Department of Trans- ican people will stand with them. I ning out of time. The American people portation, yesterday. I said, Mr. Sec- think they will stand with these poli- understand that. That’s part of their retary, I know that you have been cies that we are offering now in this anger. That’s part of their great frus- working hard not to give waivers, but I agenda and this moment forward on tration. want to give you—in fact, I want to making it in America. And I know that we have been listen- take away three of the tools that your And I just have to ask the question, ing to them on the Democratic side of predecessors have used to ship jobs because it is really startling if you the aisle, and we are moving as hard overseas. And he said, I’m not giving think about, you laid out all of the and pressing as hard as we can against waivers. And I said, if my bill passes, things that we did to try and stabilize any administration, against anyone in you won’t be able to. We’re going to the economy, and all of the actions we the United States Senate to begin to spend that money in America. One are undertaking and have been under- identify how we can begin to make more example of what we can do not taking as we build towards the future, things in America again, put people just for jobs today, but for tomorrow where we can make products in Amer- back to work so they can stay in their and for generations in the future using ica and we can also enable our commu- own home. our tax money to make it in America. nities and our workers and our busi- Mr. GARAMENDI. At the beginning Manufacturing matters. It’s the nesses to make it in America. of this discussion, the gentlewoman heart and soul of the middle class. It is from Ohio talked about the wise use of the strength of the economy. And we’re b 2200 our tax money, in this case in the going to reestablish in America the Every once in a while people must water systems and the sanitation sys- manufacturing industries of yesterday turn on the TV, I know that they do, tems, to use that tax money for mate- and today, whether it’s buses or trains and they hear our counterparts on the rials and products and machines that or light rail. other side, and they say over and over are built in America. That’s but one Mr. KAGEN, you were kind of getting again, as if the American people won’t example. It’s a very good example, be- agitated there. Maybe you want to add notice that they’re voting against ev- cause we desperately need that infra- to this. erything, they say: Where are the jobs? structure. It’s the foundation for qual- Mr. KAGEN. Yeah, I was going to ac- Where are the jobs? ity life, for healthy life, as well as for tually ask you a question. Isn’t it true Well, the reality of it is we’re putting building our economy. that we have really begun to close the bills on the floor and you’re voting

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00103 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6268 CONGRESSIONAL RECORD — HOUSE July 28, 2010 against the jobs. So there’s this idea was a resounding ‘‘yes.’’ I asked each of one day with one of the three compa- that they must insult the American the gentlemen there to testify, a hypo- nies that operate in the area. I looked people by suggesting that somehow the thetical question: If you had been in at this thing. It’s 400 feet tall. The jobs are missing. You’re voting against Congress, knowing what you know now blades are wider than the length of a the jobs, and now you have a chance to about how it benefited your company, football field. It’s going round and join us in the Make It in America. would you have voted for the stimulus round and generating electricity, and I Mr. GARAMENDI. Yesterday, Dr. bill. Yes, yes, yes, yes, universally it said, where is it made? And the execu- KAGEN and I were in the Transpor- has helped. tive looks at me and said, well—I said, tation and Infrastructure Committee Now, where do we need to invest? no, no, where is it made? He said, well, hearing, and Dr. KAGEN was in the Here in America. And when I ask my the tower is made in Korea. Oh, how chair, and we heard from a panel of constituents I say, look, I’m your hired about the blades? Well, the blades are contractors and bus manufacturers hand. I’ve got your tax dollars right coming from Europe. And I said what that the stimulus bill actually created here. Where should we build the next about the generator and all of the elec- jobs. bridge, the next school, in the sands of tronics? Well, it’s not made here. It’s Dr. KAGEN, I know you have personal Iraq, maybe in northern or south- either made in China or it’s made in experience in this. You had told me eastern Afghanistan? No, Doc, we need Europe. And I told him, I said, what’s about it earlier. Why don’t you share that invested here at home. wrong with that story? And he said, that experience where Republicans say Our Nation’s infrastructure is about well, that’s where it’s made. And I said no jobs are created, yet the contrac- $2.1 trillion behind. We need to build you’re receiving serious taxpayer sub- tors, the voters are saying thank good- our bridges once again, our schools, our sidies to build those, to put those tow- ness for the stimulus bill because it water treatment plants. Our hard- ers in place, and you are subsidizing kept me in business, it kept my em- earned tax dollars are better invested China. Do you think that’s right? ployees employed. Dr. KAGEN. here at home to grow the economy, to He goes, well—and I said, I’m going Mr. KAGEN. The real question would grow the jobs that we need, not on Wall to promise you this. I’m going to go be where would America be today, Street but on Main Street, and the real back to Washington and I’m going to where would our economy be today, contest here is who are we listening to. introduce legislation that says in the had we not in February of 2009 passed Now, if the C–SPAN camera pans green technology, all of those sub- the American Recovery and Reinvest- around, they will see a whole lot of sidies, all of those tax subsidies for ment Act? We’d be in the tank. empty chairs, but there are three Mem- putting the photovoltaic system on top Mr. GARAMENDI. That was the bers standing up having a conversation of your roof, for building a huge, giant stimulus bill. about in which direction we’re going to solar thermal system or biofuels of all Mr. KAGEN. That was the stimulus be moving. But you have to ask the kinds, and of course the wind turbines, bill. More and more people would be question: who are these other gentle- if you want that tax subsidy, it’s going out of work. We stabilized State gov- men and ladies listening to? I’m listen- to be made in America or else you will ernments. We stabilized private cor- ing to Elaine from Peshtigo. You’re lis- get no tax subsidy. Those are our tax porations like road builders, like as- tening to people back home from Cali- dollars. Those tax dollars are going to phalt people, like bridge builders. We fornia, from Ohio, and this is a painful be spent on American-made equipment. stabilized State and local governments job. This is a painful job because And he said, Well, I don’t think we can to make sure that the police would be progress is so slow. do it. I said, Your choice; you don’t there when you dial 911. We stabilized But be confident, America. We’re be- want the subsidy, then you can buy it fire departments to make sure if you’re ginning to make progress. We’re mov- from China, but by golly, if you want a on fire at home, help will be on the ing our economy forward and up. We subsidy, you’re going to buy American- way. But no, somebody over there has need to move up, not down. made equipment. got people confused and angry that Mr. GARAMENDI. Let me give an- That bill is introduced. It is going to somehow it just didn’t work. other example of where we can set the move because Democrats understand Look, many economists have said stage for future manufacturing jobs in American taxpayer money, whether that the economic stimulus bill that America. It was America that really it’s building a sanitation system or a we passed last year simply wasn’t big created the photovoltaic cells. We’ve water system or paying for a wind tur- enough to get us all the way out of the lost this industry in America. This is bine or a photovoltaic system on top of economic ditch that we’re in, but make in China. Some of it is in Europe. But your house, those are going to be made no mistake about it. The Democratic it’s no longer really much of a manu- in America. Party and all of us here in Congress facturing industry in America. Ms. SUTTON. Or a bridge or a high- who are voting ‘‘yes’’ for progress, we We talked earlier about the wind tur- way. We want this to all be made in are cleaning up after the biggest ele- bines and the way in which that indus- America. These are taxpayer dollars. phant parade in American history. try has gone offshore. We talked about The taxpayers expect it to happen. We There is so much mess to clean up. the buses. It turns out that many, need to do this work when it needs to Now, I always told my patients that many economists, and certainly I be done, but we need to do it with the it would take you about as long to get would join with them, say that the fu- American workers and American busi- better as it took you to get sick and to ture industries are green technology nesses having the chance to make it in come into my office, and it’s going to industries. We have to shift away from America. take us a while to work our way back coal and oil. We needed to be energy I just want to say to my friend from into prosperity. We will succeed but independent. The green technologies of Wisconsin, I know what he’s trying to people in America have an election solar, wind, all of those biofuels and convey in his remarks, but you know, coming up, and not to be election- algae fuels, all of those are the indus- the American people, they are facing eering, but you have to ask yourself tries of the future. great challenges, and that’s what the question: What would your life be Yet, our tax money is not used to you’re reflecting in your comments. like without the stimulus bill and hav- support those industries. All too often And I have to tell you that I still ing the police and firemen there when here’s what happens: Just as in buses, think that this job, this honor that I you need them? What would your chil- our tax money is used to buy wind tur- have to serve here, I don’t think it’s dren’s life be like at school not to have bines from China or Korea. I will give painful. I think it’s a privilege and I a qualified educator and teacher in the you another example on the wind tur- think it’s an honor, and I know that room to help your children get that bine. Let me get that wind turbine the gentleman thinks the same thing world-class education they’re going to back up here so I can get excited about about his service in this House. need to compete against unfair trade this. deals, as we have with Asia? I represent some of the biggest wind b 2210 So the bill clearly worked and the resource areas in the Nation: the Because when people are facing the testimony yesterday in the Transpor- Altamont Pass and the Solano wind re- unfair competition that they are fac- tation and Infrastructure Committee source area. I was out there touring it ing, the policies that are working

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00104 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 28, 2010 CONGRESSIONAL RECORD — HOUSE H6269 against them instead of with them, the the first half. We have reached some policy, probably set by both Democrats cheating that goes on with currency improvement, and now, now it is the and Republicans in the past decades, manipulation and unfair practices, all second half. gave an advantage to United States of those things that are happening, we In the second half, manufacturing corporations that would offshore Amer- are here in this moment and we have a matters. This is the heart, the soul, the ican jobs with a tax credit, $14.5 billion chance to change it for them and it strength of the American economy, and a year. matters the most. it is where the middle class makes it. The end of those credits came to the So I am very excited about being It happens to be, as you so eloquently floor a month ago on a piece of legisla- here, fighting forward, not fighting pointed out, Dr. KAGEN, it is where the tion that would end those tax breaks back, but fighting forward to make middle class lost. When those manufac- that American corporations have for sure that we make it in America by turing jobs were shipped overseas, mid- offshoring jobs. The Democrats voted strengthening U.S. manufacturing at dle class lost. We will make it in Amer- to move that to the Senate. Not one every turn in ways that make sense for ica when we manufacture once again in Republican voted for ending those des- our country, our people. We know we America. picable tax breaks that the corpora- need to manufacture here also because Both of my colleagues here have laid tions have. our national security requires us to out some very important elements. One There is a difference here. Where do make things in America. is the international competition, and I you stand? For whom do you fight? Mr. GARAMENDI. Dr. KAGEN. would like, Dr. KAGEN, if you could re- Now, the gentlewoman from Ohio Mr. KAGEN. I certainly appreciate view with us the international com- started us off talking about how we my colleague’s comments and I petition and the disadvantage of one— might use our tax money more wisely. couldn’t agree with her more that what both hands tied behind the American Would you please bring us back to the we are talking about is our national se- manufacturer’s back. reality of what’s going on in your dis- curity. If you don’t make anything, Dr. KAGEN. trict and how this would benefit your you won’t have anything. If we don’t Mr. KAGEN. We are beginning to district. have a viable economy, we cannot de- build a better Nation. We are beginning Ms. SUTTON. Well, certainly. fend ourselves with our military. So we to put people back to work. There is a The taxpayers in my district and the need to manufacture things here in great deal of work to do, but our trade businesses, the workers there and America if, for nothing else, for our deals have to be balanced. Where I across this country, I believe, expect own national security. come from, people don’t want fair trade that, when we use those tax dollars, Mr. GARAMENDI. Well, we have or free trade; they want it to be bal- that we use them to buy things and about 10 minutes left, and I would like anced. build things in America. to bring us back really to where we And if China is sending us a ship with This is about their money and mak- started, or where I started this discus- $50 million worth of goods that they ing sure we put it to work for them by sion, and that is, for the first 18 produced and unloading it for sale here putting them to work and not about months, the strategy of the Demo- in the United States, then they should shipping the money to foreign coun- cratic Party in this House, in the Sen- purchase from our manufacturers, from tries so that they can produce the ate, and with President Obama has our workers, $50 million worth of products there and then ship them been to stabilize the American econ- goods, again, to take back to their back over here. omy. Let me go back to this. Let’s re- country. We have to balance our trade So today, something very important view what was happening. deals. happened and was passed. It is called Beginning in December of 2007, the But it is hard to balance a trade deal the End the Trade Deficit Act, sort of last 2 years of the George W. Bush ad- when the country manipulates its cur- to put a punctuation mark on this. You ministration, the American economy rency and begins with a 20 to 40 percent know, our trade deficit has continued slid into a recession. It became the price advantage just because they are to grow for all of the reasons that we greatest recession in America’s recent cheating on the price of their money. It talked about, and our trade deficit in- history, since the Great Depression of is hard to balance a trade deal when creased to $42.3 billion for May of this the 1930s. China is subsidizing foreign investors year, up from the previous month. The By December of 2008, in January of to come in and gives them taxes for deficit with China, alone, in May was 2009, the last months of the Bush ad- free, a free ride for several years. It is $22.3 billion, up from $19.3 billion in ministration, we were losing over hard to have a balanced trade deal April. 700,000 jobs, 750,000 jobs a month. Presi- when you have got value-added taxes So this Make It in America pro- dent Obama came in and my two col- that benefit the Chinese Government’s gram—and it is not a flash in the pan. leagues here—I was not yet in Con- corporations. This is an ongoing mission that we are gress, having just joined last Novem- When you understand that there is no on because we are going to revitalize ber—you put through the stimulus bill, difference between the government and U.S. manufacturing, and we are going the American Recovery and Reinvest- a corporation, I don’t know of a single to stand up for U.S. manufacturing ment Act. It stabilized. It stopped the company that can defeat a govern- against unfair competition. slide, and people began to go back to ment, especially one that is manipu- You know, the issue of currency ma- work, with the largest, middle class lating its currency. You know they nipulation—we have to, when we come tax cut in America’s history, the larg- have got a ‘‘buy China’’ policy. back, I urge everyone, and I know you est middle class tax cut ever in Amer- We need to balance this deal, have a guys are on board, to bring the bill ican history. There were major invest- level playing field, and it begins by that is part of Make It in America ments in infrastructure. The result, manufacturing, giving our manufactur- called the currency manipulation—end after 18 months, was 2.8 million Ameri- ers the tax advantages they need to currency manipulation, End Chinese cans working that otherwise would create American jobs for American Currency Manipulation bill to the have been out of work or had gone back workers. For too long, for too long the House floor for a vote so we can see to work; 2.8 million Americans. Republican tax policy has been to re- who wants to stand with U.S. manufac- We see that here. We see the im- ward the wealthy, not those who are turing. And I am fairly certain that provement, the monthly reduction in working. those on this side of the aisle are pre- the number of people losing jobs. So If you reward work instead of wealth, pared to do it. that by this year, 2010, after 1 year of we can begin to not just balance our I think we do have some even on the the stimulus program and other pro- trade deals, but keep people in their other side of the aisle who are prepared grams that were all voted on by Demo- own homes to solve our housing crisis to do it. But it is so critically impor- crats with virtually no Republican sup- and make certain that people have a tant that we do take all of these steps port, we began to see job growth; not positive future once again. on this multifaceted mission that we enough, not nearly enough. Mr. GARAMENDI. Before I turn to are on to make sure that our busi- We are now shifting gears. We are the gentlewoman from Ohio, I want to nesses and workers get a fair shake, be- into the second half. We have stabilized pick up that tax policy. American tax cause we know when they do, it

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00105 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6270 CONGRESSIONAL RECORD — HOUSE July 28, 2010 strengthens our economy. It strength- facturers who continue to support the econ- to 4 million jobs. Ninety percent of ens our national security, and our folks omy and workers, and are particularly proud of these jobs will be created in the private will be able to make it in America. those in the Third District of West Virginia. We sector and the remaining 10 percent in b 2220 have to create a continued demand for Amer- the public sector.’’ But now the public ican products and create a rebirth of our state sector has lost nearly 8 million jobs in Mr. GARAMENDI. How correct you and nation as the manufacturing world leader. the last 2 years; government has gained are. And we would reach out to our Re- That effort must start with buying American 656,000 jobs. So when our colleagues publican colleagues and ask them to products here at home. from the other side of the aisle stood join us on Making It in America. f here a minute ago and said jobs have We’ve had enough of our tax dollars been created, they were in fact true; POSITIVE SOLUTIONS shipped overseas to buy buses that are but they were created in the public sec- manufactured overseas, to buy trains The SPEAKER pro tempore (Mr. tor, not the private sector. and ferries. Our tax dollars need to be PERRIELLO). Under the Speaker’s an- And then it also says estimated un- spent at home. If it’s a water system, a nounced policy of January 6, 2009, the employment without the stimulus sanitation system, a bus, if it’s our tax gentleman from Georgia (Mr. GRAVES) would be 8.8 percent this year. Well, dollars, make it in America. If it’s our is recognized for 60 minutes as the des- with all of the stimulus bailouts, tax dollars, then let’s use it to make ignee of the minority leader. buyouts, Cash for Clunkers, you ring it our future energy supplies—wind tur- Mr. GRAVES of Georgia. Mr. Speak- all up, unemployment in May was 9.7; bines, solar systems—make it in Amer- er, I guess I rise at an appropriate time far exceeded their expectations. So ob- ica. It’s our mission, in the second half to follow the dialogue that we just viously the plans are not working. of this session, to make it in America. heard. So what have been the job killers? Mr. RAHALL. Madam Speaker, we in West It amazes me, as I’m here now on my Excessive taxation, insufficient liquid- Virginia understand well the need for this 44th day in the House of Representa- ity, economic uncertainty, and red ‘‘Make it in America’’ initiative. Even as we di- tives, and it seems like on each and tape and government mandates. So versify, from broadband infrastructure to tour- every day I’ve heard the other side of over the last year we’ve seen nearly ism marketing, we all know what the manufac- the aisle do nothing but blame a pre- double-digit unemployment, the debt is turing center means for good paying jobs. The vious administration for the failings of continuing to grow, we’ve got a job- leap from a hard days work, producing the today. It is my hope that at some point killing agenda, and according to the best products in the world, to a service-based they will begin taking responsibility National Federation of Independent industry is a far stretch—one that leaves our for some of the policy actions. Businesses, one in six small businesses national security at risk. The House Demo- But what we’re here to talk about to- are concerned about the uncertainty of crats understand the need for a plan and ac- night are positive solutions. We’ve the future. Fifteen million people out tion to increase American manufacturing and heard a lot of blaming and name call- of jobs, out of work right now, unem- create new American jobs. ing here over the past several weeks, ployment at its highest rate in 25 When we ‘‘Make It in America,’’ we create and we’re here tonight to talk about years, and the private sector, again, jobs to lead the world economy. First and fore- positive solutions to some of the dif- has lost 8 million jobs. most, we must ensure that every nook and ficult challenges. So we heard a minute ago, stimulus: cranny of the federal government is geared to- So to the colleagues that were just that was creating all the jobs, that was wards American products, American compa- speaking, we’re here to call your bluff. going to take care of America. Well, I nies and American workers. In 2007, the De- You said come call your bluff, well, think about stimulus and health care fense Department alone allowed over 14,000 here we are, and I’ve got some good and all that we saw last year, and it contracts for goods and services to go to for- gentlemen that are going to join me. brought Americans to the National eign companies. That’s $5.7 billion American But what I want to start out with Capital last year. If you will remember, tax dollars we waved goodbye to. We’ve got today is we’re going to talk about the on September 12, Americans from all to shut the floodgates on the tidal wave of tax- kitchen table solutions. over this Nation rode on buses here, payer’s dollars flowing overseas, and shore up As you may have heard, we have had flew on airplanes to celebrate—was it our contracts for goods and services bought a program here where we’ve been actu- to celebrate or to speak out against by the federal government and provided by ally going out and seeking solutions what has been done? And we all know American workers. I’m a long time advocate from the American people, not from the American people are not happy for ‘Buy American’ provisions in law, but a our leadership, not from a political right now. concentrated effort will sharpen the focus on a party, but from the American people; So what is coming up next? 2011, 5 fair deal for our workers and small business and it’s called America Speaking Out. months away, under the leadership and industries. And there have been more than 12,000 here in Congress, we will see taxes go A global economy doesn’t mean a one way specific ideas generated from the up on each and every American. We trade route for American capital. There’s no American people, more than 600,000 heard ‘‘middle class tax cuts’’ just a question we can compete here at home, under votes cast on these ideas as to what is few minutes ago. There aren’t going to fair rules applied to all competitors. Federal most important. be any middle class tax cuts; in fact, agencies should be partners, not competitors, And so the top concerns from the every tax rate goes up for every Amer- with our workers. The first step towards this kitchen table all across America: num- ican all across the country in so many realignment is the National Manufacturing ber one, jobs—and I think we’ve been different ways. Every individual tax Strategy. We passed Congressman LIPINSKI’s saying, where are the jobs? Number bracket goes up. We have a marriage bill that calls for a National Manufacturing two, spending. Why isn’t the Federal penalty, the Child Tax Credit will be Strategy and will create the high-skill, high- Government balancing their check- cut in half. It doesn’t sound like a tax wage jobs of the future—promoting American book? And then health care, cut to me; it’s actually a tax increase. competitiveness, innovation, and exports. ObamaCare itself. So that’s what we And then farmers, small business own- The manufacturing sector generates two- are going to talk about tonight. ers will see their tax rate go up to 55 thirds of our exports, and employs millions of As we move through this, I know we percent in the States. And then of Americans. This manufacturing strategy goes have some colleagues that are going to course capital gains and dividend taxes hand-in-hand with the newly formed Buy join me. My good colleague from Geor- will rise as a result of the leadership American Caucus, of which I am a member, gia (Mr. GINGREY) is going to be with here in Washington. by working to promote American jobs; reclaim us and also Mr. THOMPSON from Penn- So much to do, so much to do. The American leadership in manufacturing; support sylvania. But first we’re going to talk good thing is that we have positive so- small businesses; and close loopholes in cur- about the number one issue facing lutions. That’s what we are here to rent law to ensure that the federal government America: jobs, jobs creation. talk about tonight. I know my good is purchasing American-made products. We have a few quotes here. One—this friend, Mr. THOMPSON from Pennsyl- Our efforts have the potential to assist man- is, I guess, just from last year, it says: vania, is a good leader on job creation ufacturing businesses throughout southern ‘‘Our stimulus plan will likely save’’— and is working hard in that area. I West Virginia. We are proud of those manu- ‘‘likely,’’ key word—‘‘save or create 3 would love to have you join us, if you

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00106 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 28, 2010 CONGRESSIONAL RECORD — HOUSE H6271 would like, to share with us some posi- for small businesses, and it has been simple equation, which is, if one in tive solutions here to get Americans very challenging to do in the 111th three businesses hired just one em- back to work. And does that include Congress with the folks that we have ployee over the next year, the unem- public sector jobs or private sector here. ployment rate would be 4.4 percent. That gets it to reasonable, sensible, jobs? b 2230 Mr. THOMPSON of Pennsylvania. I easy-to-understand ideas. thank my good friend for coordinating To start out with, I’ll share one bill Here is the equation: If one in three this hour tonight, very important hour. that I have that I’ve been working on, businesses adds one new hire in the This is about real solutions, not the which I introduced some time ago. It next 12 months, unemployment is down types of policies we’ve seen over these was to allow individuals—entre- to 4.4 percent. past 19 months which has grown the preneurs—who have this vision, who So the question is: How do businesses size of government—bloated the size of have this American dream, to be able get to this point where they hire that government, actually. We have in- to take some money and to be able to next person? Right now, they’re not creased the deficit to the point that put that money into a tax-deferred sav- doing it, and there is a reason for that. what we have is a legacy of debt. There ings account. It allows them to do that It is called ‘‘uncertainty.’’ It is the un- is not a generation, I don’t think, that on a regular basis and to build that certainty of what is about to happen to ever wants to have it so that—we al- amount of money up. You know, them next—and I think we know the ways want to leave this country better they’ve got the dream. They’ve got the tax increases that are coming and than what we found it, to pass it on to idea. They know what they want to do. things like that. It’s certainly scaring our children and our grandchildren. When they’ve accumulated enough of businesses. Yet with the trend that we have been the tax-deferred savings, they can use So what are some of the solutions? I guess the broader solution is get- on from the leadership, or the lack of that money to purchase maybe phys- ting government out of the way of job leadership, from my colleagues across ical property, maybe the resources, creation and fighting the efforts here, the aisle in terms of the taxing, the equipment or capital they need to start you know, that we’ve seen as they’re spending, the borrowing, what we have that business and to be able to stimu- pushing through the largest tax in- today for the generations to follow us late a new business that grows jobs. crease in the history of this country, is just a tremendous legacy of debt. That is just one of, obviously, I I think the data that just recently think, thousands of ideas that we’ve and it is coming in 5 months. Yet today, here tonight, right before came out showed the deficit pushing been working on as Republicans. You us, stood Members of the other party, $14 trillion, $14 trillion. But you know know, we are often accused of being the saying, Oh, middle class tax cuts. what? There are better ways. We’ve party of ‘‘no,’’ N-O. Well, that’s a par- That’s not what is happening. been working on these. These are not tial truth, actually. There are a lot of half-truths around Capitol Hill. The In 5 months, we will have the largest new ideas. We’ve had bills that we have tax increase in the history of this Na- introduced. Unfortunately, the Speaker fact is we are the party of ‘‘know,’’ K- N-O-W. More importantly than that, tion. We need to return to spending has control over what bills get to the levels that were from the 2008 levels floor. We have many solutions. What I we are listening to the American people. and then roll back taxes. You know, we call is, as opposed to Big Government often hear them say, Oh, those big cor- solutions which we’ve been seeing, I thank my colleague for really emphasizing tonight America Speaking porate tax breaks. Well, guess who we’ve been working on smart govern- hires Americans? Businesses. Wouldn’t ment solutions, those that truly stimu- Out and the fact that we are here as public servants. it be sensible to relieve them of some late the economy—or would stimulate of the tax burdens here in the United the economy if we were able to get We are here to work for the Amer- ican people. That means we want to States instead of increasing taxes like moving on those. they’re going to do? Then, of course, Many of those have to do with who have a dialogue. That means we want there’s rolling back the regulatory bur- the true economic engine is in this to be communicating with the people dens that we see. There is so much to country, and frankly that economic en- we work for. So America Speaking Out is just a great program that has al- do, so much to do. gine is small business. There are over We heard them a few minutes ago lowed Americans from coast to coast to 20 million small businesses in this say, Well, Republicans have voted be able to do that. That, to me, is so country. These are the folks who take against these job-creation packages. important. I look forward to it. risk. They’re the ones that work 6, 7 Well, I don’t know that any of those days a week; they’re putting in those Mr. GRAVES of Georgia. Well, let’s get to some simple facts, because packages have been successful, so it’s 16- and 17-hour days. Many times they probably a good thing that Republicans do that without taking a dollar back you’re right. America has been speaking out. The main thing they’ve been have voted against them. for themselves. They keep reinvesting The fact is they have a majority that asking is: Where are the jobs? in their companies. They’re growing is far greater than the Republicans. Just in the last year, we know there jobs. They’ve got that American They can push through anything they have been 2.5 million jobs lost here in Dream, and they are trying to live that want to push through, and they have the United States. So, you know, I dream. Unfortunately, what we’ve seen certainly been doing that against the guess a great admittance to that is the in the past 19 months is this govern- will of the American people. ment, the Obama administration and fact that the Democrats were pushing Mr. GOHMERT. Will the gentleman Speaker PELOSI, just crushing those through the expansion or the extension yield for a question? dreams. of the unemployment benefits. If, in Mr. GRAVES of Georgia. Yes, sir. On back home, I describe it as, if the fact, their policies were to work or Thank you for joining us. economy is a football game, there are were working, there would be no need Mr. GOHMERT. I love having a new yellow flags flying everywhere for pil- to extend unemployment benefits. The Congressman here who’s so good at ing on the backs of small businesses. truth is they had to extend them be- math. Actually, a former colleague here, Dick cause their policies aren’t working. The question is: We have heard re- Armey, I understand once described Let’s get to some simple facts here peatedly that the majority wants to it—it was a great description, I repeat real quick. I’m a finance major. You have a green economy like that in it often—that if the economy is a horse know, the problem is not that difficult. Spain. Now we’ve heard from Spain, race, and of course the economy is the The challenges are certainly great, but and it turns out they’re having to horse and government is the jockey, at the facts are simple. There is a com- abandon their green effort at a green whatever point the jockey becomes monsense equation here. economy because they have determined larger than the horse, you know you’ve We have total employers in the that, every time they created one got problems. And that’s what we have United States of about 24 million. The green job, they lost two regular jobs in today. unemployment rate is 9.5 percent. We the economy. We’ve been working on things and have about 14.6 million unemployed I was just wondering if the gen- looking at trying to reduce the costs Americans right now. So there is a tleman from Georgia would make a

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00107 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6272 CONGRESSIONAL RECORD — HOUSE July 28, 2010 calculation and figure out how long it Of course, we all know on this side of It all works together simultaneously, would take us to get to the 4 percent the aisle that we conservative Repub- but yet they want to look back over unemployment rate if we were to lose licans are going to continue to fight the full decade and forget that, You two jobs for every one job the majority this plan the Democratic majority has know what? They’re responsible. They were to create under their green plan. of just spending more money. You can- were in a governing position, and yet Mr. GRAVES of Georgia. I think we’d not spend your way out of debt. Every they don’t want to accept the responsi- be going backwards a little bit. You’re family in this country understands bility of governing. right. that and understands that very clearly. So that leads us to where we are I mean the fact is we need to em- We’ll talk about this in the ensuing right now, at a point of lack of gov- power the business community. We hour as we proceed with the colloquy. erning, because for the first time since need to embrace the entrepreneurial As Representative GRAVES points 1974 no budget has been presented here. spirit. We need to equip them with out, Mr. Speaker, the problem is not And the question is: Where’s the budg- lower burdens of regulation, and we them. The problem is us. We can blame et? need to lower tax rates. We do not need other countries all we want for our own And right here you can read the to be creating jobs as a government. woes. We can blame Greece. We can quote. It says, Skipping a budget reso- Instead, we need the private sector to blame Spain. They spent an hour blam- lution this year would be unprece- be creating jobs. It’s a zero sum game. ing China. How about blaming our tax dented. And we’ve seen a lot of unprec- There are only so many employees in policy that has a corporate tax rate of edented things over the last several the United States, and if more of them 35 percent? It is one of the highest months, but this, in itself, is unprece- are shifting to the public sector, it is rates of any industrialized country. dented. The House has never failed to only taking intellectual capital and While all of the other countries in pass an annual budget resolution since wealth out of the private sector. Western Europe are lowering their cor- the current budget rules were put into I would love to turn it over to my porate tax rates, we just leave it alone. place in 1974. And that’s reported here good colleague from Georgia (Mr. We don’t do anything about it. back in April. GINGREY). As the gentleman from Calhoun and But budgets are necessary, according Thank you for joining us on this late from Gordon County just said, we are to the leadership here. STENY HOYER, evening to talk about getting this about to let—not ‘‘we,’’ but you, Mr. our current majority leader, said, en- country back on track. Speaker, and the Democratic major- acting a budget was the most basic re- Mr. GINGREY of Georgia. Mr. Speak- ity—the Bush tax cuts expire. sponsibility of governing. That was the er, I thank the gentleman from Ranger Representatives GRAVES talks about year they took over, the year they in Gordon County. It’s almost my dis- marginal rates. He didn’t have a took over. And since then, look what’s trict. We have contiguous congres- chance yet—and I’m sure he will—to happened. sional districts, and we have the privi- get into the estate tax and, instead of And then, of course, from the House lege, actually, of sharing Gordon Coun- there being a 15 percent tax on divi- Budget Committee chairman, if you ty. dends, letting it go up to the marginal can’t budget, you can’t govern. Right The gentleman from Ranger, Rep- rate, indeed up to 39.6 percent, and let- there it is. resentative GRAVES, has done a great ting capital gains go back up from 10 or Well, that leads us to today. I believe job in a short period of time, Mr. 15 percent to 20 percent. it’s time to let the American people Speaker, in the House of Representa- know that we have solutions to balance 2240 tives, and he knows of what he speaks. b the budget and actually have a pro- I mean this is the kind of work that he These are the job killers. All of these posal in place, and that, I can tell the did in the Georgia House of Represent- regulations, union wages, kowtowing American people, hasn’t got a hearing. atives, and he represented us extremely to them, giving them special deals, I wonder why. I wonder why. well at the State level. It is really in- paying them, in many instances far H. Con. Res. 281, which I know many teresting to see him on the floor of the more, and, indeed, even letting them of the colleagues here have signed on House of Representatives now, here to work Federal jobs and negotiate union to it—I’m not sure if one would want to explain to the American people and to activities while they’re supposed to be speak to it in its specifics, but it pro- our colleagues, Mr. Speaker, what working for the taxpayer. vides tax relief, returns to 2008 spend- truly is going on here. I could go on and on, but I want to ing levels, makes no changes to the So- He and I had the privilege, I guess yield back to the gentleman control- cial Security laws as they currently you could say, of watching the previous ling the time and look forward to my are, provides spending increases equiv- hour, of watching our colleagues from colleagues as we go through this hour. alent to the inflation growth in Medi- the Democratic majority. It seems, Mr. Mr. GRAVES of Georgia. Well, let’s care and Medicaid, requires each com- Speaker, that they spent an hour whin- take a quick glance at where we are mittee in this House to find savings ing about competition from other from a perspective financially, and equal to 1 percent of the mandatory countries, particularly from China. then the positive solution of balancing spending, repeals the Troubled Asset They wanted to focus in on China and the budget. Imagine that, balancing Relief Program, TARP, repeals TARP, talk about, you know, all of these un- the budget, balancing the checkbook repeals ObamaCare, and then also pro- fair trade practices and what China is here at the Federal Government. vides medical liability reform, freedom doing in regard to their currency and Well, here’s the truth of where we to purchase health care across State dumping and all of these things. You’d are. And we heard earlier when our lines, repeals Davis-Bacon, so many think there were, indeed, no World friends from the other side were talk- other things, great concepts there. And Trade Organization to police anything. ing about how good it was since the I’m sure you’d like to speak to some of Yet it was, you know, a whole hour of new administration has taken over. those and the need, the importance of blaming other countries for the woes Well, here’s some facts. The facts don’t balancing the budget here in the that we have in our country. lie. I mean, the truth is that the deficit United States Congress. As Representative GRAVES pointed under this current administration and Mr. GOHMERT. I appreciate my new out, the fact is that we have an unem- leadership has just blossomed tremen- friend for yielding. ployment rate of 10 percent, and 16 mil- dously since they’ve taken charge. And going back to a comment from lion people are out of work. Now, we’ve heard a lot. In my 44 good Dr. GINGREY from Georgia about I even heard from the other side of days, I’ve heard so much about Presi- the $862 billion stimulus package, be- the aisle, Mr. Speaker, the Representa- dent Bush, President Bush, the last 8 cause I know he recalls and others re- tive from Wisconsin, the distinguished years, his administration. But you call that CBO told us that it was a $787 Dr. KAGEN, say that the problem is know what? I think they’ve had a little billion stimulus package. And lo and that the economic stimulus package of bit of amnesia, because they took the behold, we get here a year later, and February 2009 of $862 billion—that’s majority in 2006, swore in their Speak- they say, Oh, you know what? We blew right, with a ‘‘b’’—was not enough, er in 2007, and look what happened. it by about 15 percent. We just blew it. that they just simply didn’t pour From that point forward, the deficit Most statistical analysts say, you enough money into this problem. bloomed and unemployment increased. know, it’s within the margin of error, 2

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00108 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 28, 2010 CONGRESSIONAL RECORD — HOUSE H6273 to 4 percent. Not with CBO here. You them a little unemployment check, Mr. THOMPSON of Pennsylvania. know, maybe we can blow it 25 percent, feeding them a little check here and Well, I thank my good friend. And I in this case, 15 percent or so. Whoops. there just to keep them in a rut with want to come back to one word I think In a year’s time, we were $100 billion no help getting out. that really describes what is sup- off the mark. Really, to be fair, $80 bil- It’s time to blow the lid off this thing pressing jobs, what is killing jobs, what lion off the mark. But still, that points and get an economy going where small is keeping jobs from being created. And out just how irresponsible things have businesses create the jobs. Yes, the that is uncertainty. Uncertainty is the gotten. small businesses are the ones that need direct result of all the policies we’ve And when you look at the numbers, the tax cuts. They certainly don’t need seen piled upon the American economy too, you find out that CBO really has the biggest tax increase in American in the past 19 months. And you know, been a bit of a willing ally, an accom- history that’s coming in January. as I travel around in my district, just plice, complicit in what’s been going They’re the ones that are going to pro- like you do, you talk with the job cre- on. They told the country, okay, this vide the hope for creating the jobs. ators, you talk with the people who ridiculous health care bill that’s going And so I hope and pray we’ll be able take the risks, that every year take to help the small businesses create the to bankrupt the country, we’re already their profits—and no, that’s not a bad jobs instead of just doling out these lit- finding, they’re already starting to tell word, that’s a good word. That’s how tle temporary census worker jobs, people we’re going to have to ration we’ve grown and built this wonderful which, as my friends know, was all that your care. And, by the way, it’s going Nation, on the backs of entrepreneurs to cost about $250 billion more than we happened in June. 411,000 out of 431,000 jobs created in America were tem- and small business men and women. thought it would. We just misplaced And they take their profits and they porary census jobs. some numbers somehow, because if we I yield back to my friend from Geor- reinvest them back in their company. had found them before the bill came for gia. And they add a product line or they a vote, people had said they wouldn’t build a new site. They hire people. vote for it if it was more than $1 tril- b 2250 Well, they’re not doing that right now. lion. Mr. GRAVES of Georgia. You know They’re sitting on the sidelines. And Well, what difference does another what’s so exciting about this America that’s a direct result of just all the ter- $250 billion make when you’re putting Speaking Out program is that we’re rible policies that have been crushing us in debt $1 trillion? But the CBO just getting ideas from Americans that are our small businesses. magically forgot, misplaced, you know, sitting around the kitchen table and When I think over this past 19 200, $250 billion or so until after it they’re talking about what would they months, and I’m in my first term here, passed, and then within a matter of a do if they were in charge. What would you know how many times taxes have couple of months they found it. they do if they were making these deci- been raised? Now, we’re looking at the We’re in trouble here and we need to sions. As they’re watching the TV, and largest tax increase ever that’s loom- get rid of CBO. We need to get some oftentimes in disgust seeing what ing. And we should talk more about kind of independent group, whether it’s comes out of Washington, D.C. The that. But we should not lose sight of Moody’s or some other, that can do an ideas that they have proposed and the the fact that taxes have already been adequate statistical analysis. thousands of connections that have raised tremendously on these job cre- But the games that are being played been made. ators, these small businesses. with jobs would be comical if it weren’t And I took that to my district and Now, my colleagues across the other representing real people hurting, real somewhat implemented a program side will say, well, we only taxed the people hurting. And I proposed a year much like that and developed an eco- wealthy, those folks who made some- and a half ago that instead of spending nomic advisory council of business and where around $200,000 or more a year. $1 trillion, and we were told that we community leaders from each and And you know, where I come from, may be spending $3 to $9 trillion just to every county in my district to seek yeah, that’s a lot of money. Abso- try to get the economy going. Hey, input from them to tear down that lutely. But when you really drill down spend $1.21 trillion and you would let wall. Because for far too long Wash- and you look at who those people are, everybody in America forego paying ington has not been listening. And so 60 percent of those folks are small busi- any income tax for the year. You let we just took that wall down and said, ness owners whose small businesses are people keep their own money and they hey, we want your ideas so we can push organized as a limited liability cor- would jump-start this economy. them up and present them here to the poration or an S corporation. They pay full House as the ideas from Main Yet, what our friends across the aisle their taxes as individuals. And out of Street itself, not from Capitol Hill. But are saying, ‘‘No, no, no. Our friends that maybe $200,000, if they are lucky, we need the ideas from the hills of across the aisle want to give tax cuts that they generate, they’re paying a north Georgia, are where the ideas and allow the lower rates only to go to payroll, they’re employing people, come from, and the hills from all over the wealthy.’’ Because the way they this great Nation. they’re providing family-sustaining identify it, the 53 percent of adult But you know, balancing the budget jobs. And, you know, I’ve lost count of Americans that will pay all of the in- is a great start. Every American family how many times they’ve raised taxes come tax this year they consider to be has to balance their checkbook. But on those folks since January 2009. It’s the wealthy. And so what they’re, in ef- yet right now, here, leading by exam- crushing. fect, saying is the Republicans want to ple, a terrible example is a Federal And you talked about the largest tax give tax relief to the only people pay- Government that is so far outside of its increase ever. And this has been my ing the taxes. bounds with deficit spending and in- fear all along, that 2009 was a really ‘‘We, on our side of the aisle, we want creasing its debt, it’s unsustainable. tough year. 2010’s a tough year. But it’s to give tax relief to all the people that So I guess the Republicans have a so- been—you know, there’s almost like an aren’t paying any tax.’’ Well, there’s lution right here. House Concurrent anesthesia that, Doc, that’s been ap- another name for that. It’s called redis- Resolution 281 balances the budget, plied. You know, all this government tribution of the wealth. It means those cuts taxes, and cuts spending, some- money’s been thrown at people so it who have not been able to earn anything that’s unheard of here in Wash- makes folks feel a little bit better be- thing will have money taken away ington, D.C. When every State and cause unemployment went down. But from those that earned it and given to local government all around this Na- as my good friend from Texas noted, a those who didn’t. tion’s cutting spending right now, lot of those were temporary govern- We need to help those that can’t help every family’s cutting spending out of ment sector jobs that drove down un- themselves, no question. But we do not their personal budget, here on the Fed- employment nationally for a short need to become a government that did eral level we just keep spending, spend- time. Never went down much less than what I saw as a judge, where the gov- ing, spending. 10 percent, but it took the edge off. ernment lures people into a rut they Mr. THOMPSON, you looked like you Well, my greatest fear is in January can never get out of and gives them no had something good to add to the con- 2011 we’re going right off the cliff. Be- hope, no way out, just still feeding versation here. cause that’s when these new taxes,

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00109 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6274 CONGRESSIONAL RECORD — HOUSE July 28, 2010 these new regulations—we’ve tripled side of the aisle who had the previous Wisconsin, the folks in Ohio, and the the size of the Environmental Protec- hour. There was a Member from Ohio, folks in California are going to let tion Agency, although around home I there was a Member from Wisconsin, those three Representatives know and refer to them as the Excessive Punish- and there was a Member from Cali- give them a sure earful when they get ment Agency. You know, all that takes fornia. back to their districts come August re- effect beginning January of 2011. And And I will just bet you, Mr. Speaker, cess. then you put on top of that the things if the folks in those great States will Mr. GRAVES of Georgia. Thank you, that you’ve talked about, the largest take the opportunity of going on that Dr. GINGREY. You are absolutely right. tax increase ever, $3.8 trillion. What Web site, www.AmericaSpeakingOut Now, let me summarize. We’ve been will that be? Well, we are going to see .com, and input what their concerns talking about solutions here tonight. the marriage penalty is going to re- are, it would probably mirror what is First one we were talking about was turn. The child tax credit’s going to be on that poster that Representative job creation. Certainty was mentioned halved. The death tax, which I think is GRAVES has presented to our colleagues by Mr. THOMPSON there. Uncertainty just double taxation at the least. We this evening in regard to balance the being the problem; certainty being the put a tax on somebody’s death. checkbook, cut spending, repeal the solution. So some certainty would be Mr. GRAVES of Georgia. Let’s stop stimulus, $862 billion. Indeed, the Rep- let’s pass this legislation that blocks there for a second. You’re talking resentative from Wisconsin said that the largest tax increase in the history about the marriage tax. Now, those are wasn’t enough spending; we need to of our Nation. Let’s get some of this the people, the wealthy married people spend more. regulation out of the way. Let’s em- or is that all married people? That’s Mr. GRAVES of Georgia. This is what power the small business owners and everyone, right? Americans are saying right here. just embrace and ignite that entrepre- Mr. THOMPSON of Pennsylvania. Americans did not go to neurial spirit. The solutions to job cre- That’s everybody. AmericaSpeakingOut.com—and this is ation. Mr. GRAVES of Georgia. And now nonpartisan, it’s confidential—Ameri- The second component we were talk- the individuals with children are the cans did not go to that Web site and ing about is the spending and balancing ones getting the penalty here, the ones say increase spending. They did not say the budget. It’s time to cut spending. who are the wealthy, or is it everyone increase the stimulus and do another Let’s say enough is enough here in who has children? one. They did not say continue the Washington. All of America, all busi- Mr. THOMPSON of Pennsylvania. It’s bailouts or keep ObamaCare. They ac- nesses, all State, all local governments everyone. tually said stop all this stuff. Stop it. are cutting spending, whereas here we Mr. GRAVES of Georgia. It is every- That was America speaking out right are, we’re raising spending. But we’ve one. So the fact that they stood over here. even gone a step further, taken a bold here, what, 40 minutes ago and said, oh, Mr. GINGREY of Georgia. If the gen- step and said, we’ve got a plan to bal- these are tax cuts for the middle class, tleman will yield, I would say that the ance the budget here for the Federal that’s not the case. The largest tax in- gentleman is absolute, Mr. Speaker, Government. crease in the history of this Nation will right on target. And he said a key And now the third category, which I occur in 5 months. But we have a bill word. And that is that this is a non- think really involved the American that we’ve introduced, and I am sure partisan Web site. Yes, it is created by people last year, not in a positive way y’all have cosponsored it, I cosponsored the Republican minority for all of because they weren’t engaged in the it, to block that, to block that tax in- America to let us know, whether they process, because it was a process that crease, and to allow the taxes to re- be Democrats, Republicans, independ- was behind closed doors, but it raised main at the level they are today. And ents, libertarians, whatever. Let them the awareness of the abuse of the proc- of course we would want to see them have the opportunity to tell us, and ess and the abuse of the rules and lowered. But it’s not a tax cut. We’re let’s have a bubble-up-from-the-bottom abuse of the system right here, and just saying, hey, keep it at the level it contract with America, not a top-down that was health care. is. Don’t raise them. Because that’s driven government-knows-better-than- As we’ve talked about America what they are doing. They’re raising anybody-else kind of plan that it seems Speaking Out, repealing ObamaCare taxes. the Democratic majority is heck bent was one of the top items mentioned or Let me finish this balance the check- and determined to force on the Amer- indicated out of the—what did we say, book thing real quick, and we’ll talk ican people, just as they tried to force nearly 12,000 respondents, 12,000 spe- about confidence in a minute. So bal- a year-and-a-half ago cap-and-trade, an cific ideas and 600,000 votes cast for dif- ance the checkbook. Republicans, we’re energy policy that was run amok, that ferent ideas. We’ve got an interesting saying let’s cut spending. Let’s stop would result in probably $1,500 min- chart here, and this will be the debut I this excessive spending that’s going on imum a year per family in increased believe of it publicly to show the here in Washington. We can do that by energy costs. health care plan as passed, the health repealing the unused portions of the And then of course they come right care plan as passed. stimulus bill. They talk about how back after that with this ObamaCare It was approached or presented as a great it’s been, the grand fanfare of the that Representative GRAVES is talking plan that was patient friendly, right? stimulus, when in fact a third of it about. He mentioned the $600 billion Isn’t that what it’s called, the Patient hasn’t even been spent, which means, worth of increased taxes to pay for it. Protection Act? This is the ObamaCare again, it’s not working. health care plan in a schematic of what We need to end the bailouts. And b 2300 occurred out of the 2,000 pages of legis- then of course the big one, repeal What he didn’t mention was the addi- lation. They’re still today figuring out ObamaCare, which is a nearly $600 bil- tional $525 billion cut to the Medicare that portions of it were in there that lion tax increase on all Americans and program, which we all know, all four of they never expected or knew were in businesses all over the United States. us know, is $75 trillion of unfunded li- there, including new additional taxes. Mr. GINGREY of Georgia. If the gen- ability over the next 50 years, and But let me point out as we discuss tleman will yield. you’re going to gut it 12 percent a year this, and I know, Doctor, you’ve prob- Mr. GRAVES of Georgia. Billion, and then have the unmitigated gall, ably got a lot of insight into it because right, that’s nine zeroes. Mr. Speaker, to spend taxpayer money we do have an alternative plan. We had Mr. GINGREY of Georgia. In regard and send out these brochures, these one then, it was presented then, but to America Speaking Out, the poster— glossy, fancy Medicare brochures as- it’s still in committee right now. if you don’t mind, Mr. Speaker, have suring seniors that it’s going to be bet- But let me point out to those watch- the gentleman put that America ter for them to cut their programs 12 ing. Here’s the physician at this point. Speaking Out poster back up so our percent a year and Medicare Advantage Here’s the patient down here at this colleagues can take a good look at it. I 18 percent a year. point, and all of this government is in was just, as I stood here, thinking I think the American people know between. How is that better for the about our colleagues from the majority better, and I think that the folks in American patient, for the young boy

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00110 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 28, 2010 CONGRESSIONAL RECORD — HOUSE H6275 that’s needing care? How is this better I mean, my health care career goes surgically repair right now, because I for that young single mom who’s just back to the beginning of the 1980s, and don’t expect that President Obama—I trying to get care for her child? This is I am a proud survivor of the first pro- would expect a veto on any general re- not better. This is a mess, a govern- spective payment system, diagnostic peal any time soon, so we need to sur- mental nightmare right here, and this related groups that were rolled into gically repair, certainly working with is as it’s passed and has been signed hospitals all across the Nation. I was an eye to repeal. into law, the Obama health care plan. there in the 1980s. I was there in the And I am sure all my colleagues on Mr. GINGREY of Georgia. If the gen- 1990s for the Health Insurance Port- the floor here are also cosponsors of tleman will yield, Mr. Speaker, this is ability and Accountability Act, H.R. 5141. It goes right back and it absolutely astounding. I have seen that HIPAA. deals with the health care bill, but the chart before, not maybe in quite such a HIPAA would just be one of those cir- impact’s directly on small businesses. vivid highlight and outline, but Mr. cles on that chart, but let me tell you Under the ObamaCare plan, every Speaker, my degree is in chemistry. the experience of health care, and it’s small business, for every exchange of And when I first saw Representative health care everywhere, but it really business, a vendor, a contractor, just GRAVES put that chart up for all of our hits hard in rural health care and un- buying resources, anything more than colleagues to see, I thought that was derserved urban areas. $600, they are required to file a 1099 the periodic table. Really, it took me The bureaucracy that was required to form today under the ObamaCare plan. back to my chemistry days and the implement HIPAA in the 1990s was tre- For some businesses, that’s thousands periodic table of the elements. It’s mendous. It took dollars from actually of 1099 forms. We are talking more cler- probably changed some now because it providing what I thought was compas- ical staff. We are talking more over- has been a long time since I attended sionate and cost-effective care, and you head cost. We are talking about com- Georgia Tech and got that BS in chem- had to hire clerical staff, you had to plying with bureaucracy that is just istry, but this is more complex than hire compliance individuals, you had to raising the cost on small businesses. the periodic table. I am proud to be a cosponsor of H.R. And I’m sure the gentleman from hire people that never saw a patient, 5141. It puts an end to what I call death Ranger will agree with me, it’s some- never did anything to directly touch by a thousand paper cuts. And that is thing like 130 new Federal agencies that life of somebody that was facing where health care buries small busi- that were created by this mess, all be- life-changing disease and disability in nesses, in paperwork. tween the doctor and the patient. the health care work that I was privi- That’s another example of a Repub- Maybe my colleague will point out leged to participate in for 30 years. lican, smart government solution that where the doctor is on that chart and You take that experience of HIPAA we have put forward and it has been in- where the patient is. in the 1990s and now multiply that by Mr. GRAVES of Georgia. You’re the complexity of that chart. You troduced. It’s out there and, frankly, it right. This is the doctor. There’s the know we have worked hard, I know Dr. would be good for America. patient. You would think the patient GINGREY has, all health care profes- Mr. GRAVES of Georgia. You are ab- and doctor would be in the center, sionals work very hard to make sure solutely right. So you presented a solu- right? That should be the center of this that health care is patient-centered. tion. H.R. 3400 would be the Empow- diagram, but it is not. It is this newly It’s about the patient. And this is not ering Patients First Act. We have empowered Secretary of the Health and about the patient. This obviously is talked about deauthorizing the funding Human Services that is in the center of government. This is not patient-cen- for this mess here, and you talk about which all of this spirals off of, and all tered health care. This is government- surgically removing some items here. I of this is documented and all the code centered health care, and there’s many mean, this is a mess. sections are outlined on here how it different proposals out there. Mr. THOMPSON of Pennsylvania. It’s was created, and it indicates new man- Let me just touch on two of those be- going to be a whole lot of surgery, dates, new taxes, new programs, new cause I think it’s very important that though. processes. All of this is in this new as we show the negative impacts of Mr. GRAVES of Georgia. You wonder health care plan that is going to be a this, that we show the alternatives, the why this component would be in a mess for Americans right here. things we are working on that are bet- health care proposal. The IRS, the In- The great thing is, though, that as ter solutions, what I like to call smart ternal Revenue Service, is part of a we stand before America tonight, we government solutions. health care plan; although, I think we don’t stand here without an alter- Going back to July of 2009 when we all know that the American people do native, without another idea. We come introduced the Putting Patients First not want to have to go through this before America boldly with another al- Act. That’s an act that addresses peo- maze in order to get their health care ternative, and the first step, in my ple with preexisting conditions and taken care of here in the United opinion, is we have to defund this mess. makes sure they’re able to purchase af- States. Let’s just put the brakes on it. We fordable health care insurance. It’s We have a couple of opportunities. don’t need another, what, $600 billion about providing greater access to care. One, H.R. 5882, for those whom are in new taxes. We need to defund this, It was about bringing down the cost of viewing this tonight, could encourage and we have introduced legislation health care for all Americans. It was their Members to sign on to, and that that is H.R. 5882, which each of you are about preserving and even increasing would not allow any funds to be au- probably cosponsors of and I’m the the innovation quality of health care thorized or spent towards this here. sponsor of the legislation to just that comes out of this country and cer- Then there is the Repeal It proposal defund it altogether, and let’s start tainly about preserving that important that repeals this altogether, and there over because the process was broken. decisionmaking relationship between are two of those out there. There is a The policy is flawed. the patient and physician, not allowing letter or petition to have one voted on Let’s get a patient-centered, patient- the government or bureaucrat to do here on the floor, and that’s H.R. 4972, driven health care plan in place of that. by Mr. KING. That’s the Repeal It legis- which we’ve got good alternatives. lation. b 2310 Would you like to share a little bit Then you have spoken about the al- about the proposal that’s out there, or Putting Patients First Act, I encour- ternative, the replacement. So you do you have some ideas yourself? age people to check that act out. You have defund it, repeal it, and then re- Mr. THOMPSON of Pennsylvania. know what, it doesn’t raise taxes a dol- place it with H.R. 3400, which is a free Thank you so much for looking at this. lar. No cuts to Medicare, and yet it market, capitalistic solution to health What a nightmare this is. I spent 28 achieves all the things it needs to care for Americans to allow them to be years managing a rural hospital, and achieve. empowered, empowering them. what I see there, when I look at that You know that’s the kind of thing, Would you like to add some more to chart is not the periodic table. I see when we repeal this, that’s what we this? I know we are getting close here bankruptcy for hospitals, physicians, need to replace it with. And I would before we need to stop sharing the health care providers. tell you there are things we need to truth here.

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00111 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6276 CONGRESSIONAL RECORD — HOUSE July 28, 2010 Mr. GOHMERT. It should be noted in over a year ago. We passed, this week, So I appreciate my colleagues in all those little areas, you talk about eight separate health care-related bills, joining me tonight on this late hour. I all the new parts of government that none of which were more than five know it means a lot to your constitu- are created and brought together in pages long, and we did it in a bipar- ents that you would do that and that this—it’s not a health care bill. It’s a tisan way. you would be working at this late hour GRE—government running every- We can certainly come back and, in the evening because you know how thing—bill. But they all have little ref- with four or five really good solid important it is. erences to the specific areas within the ideas, and maybe we can present those Mr. Speaker, I yield back. law that created them and created the in a subsequent town hall meeting or f relationship. That’s one thing. Special Order hour here on the House Another thing is, you know, all of the floor, but that’s what we really need to b 2320 records, the medical records that peo- do. I think it’s important that people CELEBRATING 100 YEARS OF THE ple consider so personal and so dear understand that. BOY SCOUTS OF AMERICA will be in the Federal Government con- I thank the gentleman for having us trol. I think they are contracting out here and this colloquy so that our col- The SPEAKER pro tempore. Under to their dear benefactors and contribu- leagues, Mr. Speaker, and the Amer- the Speaker’s announced policy of Jan- tors at General Electric, but they will ican people can better understand what uary 6, 2009, the gentleman from Texas have all that information, and the IRS we truly need to do to repair this. (Mr. GOHMERT) is recognized for half could have access to your most per- Mr. GRAVES of Georgia. Mr. Speaker the remaining time to midnight. sonal information. and my colleagues, I want to thank Mr. GOHMERT. Mr. Speaker, I do ap- Can you imagine the debt collectors you for joining me tonight, because preciate my friends from Georgia and of America being able to have your here at this late hour here on the east the wonderful contributions that they most personal medical records? Well, coast, we are standing before the have made to enlightenment with re- that’s what will occur here, and there’s American people presenting alter- gard to these issues. a great quote from Patrick Henry. Peo- natives, solutions to these challenging There is an issue that we want to rec- ple remember, ‘‘Is life so dear and days. ognize and take up tonight, and it’s a peace so sweet as to be purchased at We started off by talking about the wonderful topic, the 100th anniversary the price of chains and slavery?’’ economy and jobs and job creation, and of the Boy Scouts of America here in He had one quote where he said, ‘‘The that’s empowering the private sector, the United States. Constitution is not an instrument for not empowering government, creating The Boy Scouts of America were in- the government to restrain the people; certainty in the marketplace as op- corporated on February 8, 1910 and it is an instrument for the people to re- posed to the uncertainty that is out chartered by Congress in 1916. The mis- strain the government—lest it come to there today by standing in the way of sion statement of Boy Scouts was to dominate our lives and interests.’’ the largest tax increase in the history prepare young people to make ethical When I look at that board and I look at of this Nation, which is about to be un- and moral choices over their lifetimes all the new government that is just folded here in the next 5 months. And by instilling in them the values of the going to be overwhelming people, they then also the reduction of capital scout oath and the scout law. don’t need the doctor after they start gains. The reduction of the corporate It’s interesting, doctors say that dealing with all this stuff. tax rate and just igniting that entre- often our short-term memory is the Is that quote ever more appropriate preneurial spirit once again to allow first to go and our long-term memory that the Constitution should restrain that entrepreneur, the American busi- seems to last longer, but I still do re- the government lest it come to domi- ness owner, to dream, and to dream big call the scout law, that a scout is sup- nate our lives and interests? Will it and to go work hard. posed to be trustworthy, loyal, helpful, ever? Then next we talked about spending friendly, courteous, kind, obedient, Mr. GRAVES of Georgia. Last Au- and spending cuts, balancing the budg- cheerful, thrifty, brave, clean and rev- gust, the American people were pretty et. Very difficult items here on the erent. Those are good things to live by. upset about that. They were fired up 1 Federal level, it would seem by the ma- The Boy Scouts have continued to live year ago as the leadership of this Hall jority party. But, instead, we have pro- by that and produced incredible Ameri- went out all across America and avoid- posed positive solutions to balance the cans over the years. ed town hall meetings because they budget like has never been seen before. Right now we celebrate this fact be- could not defend this 2,000-page spa- Then lastly, the health care. And all cause there is the National 2010 Boy ghetti plate here of mess, because the of this comes as a result of America Scout Jamboree going on at AP Hill— American people know that the govern- Speaking Out, the Web site in which not terribly far from here—and so ment taking over their health care is 12,000 responses were given and over we’ve had thousands of Boy Scout visi- not the best option. The best option is 600,000 votes were cast on different tors come through Washington, come the patient, the individual that is ideas and concepts. Listening to the through the Capitol. It’s been an honor being empowered. American people about jobs and the to take many through the Capitol and Mr. GINGREY of Georgia. You know, economy, about spending, about bal- through this area, and we have many you talk about there is a temptation to ancing the budget and the health care more coming. I know my district has 85 try to surgically repair. But, Mr. proposal, which leads us to defunding in one group that will be coming Speaker, when you look at that chart it, repealing it and then replacing it through on August 4 when they leave that Representative GRAVES is pre- with a patient center, patient-driven the AP Hill area and others have been senting and you realize the complexity concept that provides affordability, helping as staff members. and there is so much wrong with this portability, and accessibility to Ameri- But the jamboree is worth noting. bill, I am afraid that by the time that cans. There are 45,000 attendees that will in- you tried to surgically repair, there But this is not a time in which we clude 37,000 Boy Scouts from all 50 would be very little left to say grace stand and point fingers as we have States, 8,000 scout leaders and staff. A over. That’s why so many of our col- heard over the past several weeks. My whopping 275,000 visitors will join the leagues on this side of the aisle feel 44 days being here, the other side has celebration over the course of 10 days like that we need to repeal this bill, pointed fingers back, back in time. But to partake in the festivities. This this monstrosity, this omnibus of 2,400 we are not here to do that. This is not 76,000-acre area has been hosting the pages, government takeover of one- about Republican and Democrat. This National Scout Jamboree since 1981. sixth of our economy, 16 percent, and is about America right now and this is The Boy Scouts use approximately start over, and start over. about getting our economy back on 3,000 acres of this land to support a city Just this past week in the Energy track. It’s about creating the con- of over 50,000 inhabitants. and Commerce Committee—but we fidence once again in the marketplace One of my daughters asked years deal with a lot of health care issues, and then providing true health care so- back, after having found out that one and this monstrosity, indeed, started lutions. of the parents of one of her friends had

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00112 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 28, 2010 CONGRESSIONAL RECORD — HOUSE H6277 been at Woodstock, asked me, Daddy, This 12th edition, since 1910 there point B and getting back. Those were did you go to Woodstock, she said. I have been 39,470,000 handbooks printed. things that were important to know said, Well, no I didn’t. She said, Do you What a legacy in terms of service. And when you were in the Army. There is remember where you were during I want to take from it just a couple of no question that I was quite good at it Woodstock? I said, I certainly do. Well, quotes. First of all, the vision state- in the Army because I’d had fantastic where were you? I was outside of Coeur ment for the Boy Scouts of America. training in the Boy Scouts. It was the d’Alene, Idaho, at the 1969 National And this is a vision that is just as solid same way when learning to fire a .22 Boy Scout Jamboree. And we had rest today in terms of serving youth—and I out on the range as a very young Boy rooms that worked, we didn’t commit think our Nation—as it was in 1910 Scout. The first day was the camping, immoral acts, we didn’t have illegal when a Chicago businessman, William the cooking. It was all about this plan- drugs, and we didn’t need the National D. Boyce, was traveling to London, et and the things that occupy the plan- Guard to come in and rescue us from England and was out on a foggy et—this amazing creation that God ourselves as happened at Woodstock. evening. provided to us, which we learned and Today there are those who are proud to He was looking for a business ad- studied and had to spend a great deal of proclaim that they had the morals of dress, and he was absolutely lost in the time becoming so acquainted with as Woodstock—some continue to, they fog, as the story goes. And as he was Boy Scouts. continue to attack the Boy Scouts. bewildered and wandering aimlessly, he It may seem silly, but when my wife Of course we know the Speaker and was approached by a young youth from and I were helping with some decora- 10 other people had pointed out in 2000 England who volunteered his services, tions before a big dance there in Tyler, that the Boy Scouts had an ‘‘intolerant not just to point this American busi- there were some ladies on a big scissor policy’’ of excluding people who prac- nessman in the right direction, but to lift, helping put up heavy 10-, 15-pound tice homosexuality from leadership, so actually physically take him to that decorations to suspend from the ceil- they were demanding that President location. This boy went out of his way ing. They had a 50-pound fishing line, Clinton step down as honorary chair- to serve him—to provide a good turn, but they couldn’t get any knot to hold man. He did not do that. And President so to speak. At the end of that, the to keep those things up. Obama right now is Honorary Chair of businessman wanted to reward the lad. So they yelled down, Does anybody the Boy Scouts of America and has spo- I suppose he reached into his pocket know of a knot that would hold? ken to them by video, and I know the to offer him a coin and the young boy Well, I was an Eagle Scout. Of course scouts appreciate that. said, sir, I can’t take that, I’m a scout, I do. So they brought the scissor lift Scouting has meant so much to so and we provide that kind of service. down. I got on. I got somebody to come many. It prepares you for the future. It This was a good turn. That so im- up and help. prepares you to save lives. I never pressed Mr. Boyce that he came back I would yield to my friend: If you had thought I would have an opportunity to to this country, got together with somebody yelling, ‘‘Does anybody use any CPR training that I had gotten some other leaders within this Nation, know a knot that would hold?’’ what through all my years as a Boy Scout, and soon gave birth to the Boy Scouts would my friend seek to use? going up to becoming an Eagle Scout; of America 100 years ago, all from the Mr. THOMPSON of Pennsylvania. Oh, but when the day occurs, there is no selfless service and good acts of one there are a couple that come to mind. substitute for having been through young person. And today, scouting con- I’d probably start with a bowline, that. I get a big hug from a dear friend tinues to make differences one good though. at church every time and he says, This turn at a time. Mr. GOHMERT. That’s exactly what is the guy that saved my life. Actually, I would like to share with you the vi- I did, a bowline, and that thing doesn’t it was the Boy Scouts that did it sion which really stands as true today give. You can even do it with one hand. through all those years of training. as it has been. This is the vision state- Mr. THOMPSON of Pennsylvania. I’ve been joined by a dear friend, also ment: ‘‘The Boy Scouts of America will That’s right. a Boy Scout—I believe an Eagle Scout prepare every eligible youth in Amer- Mr. GOHMERT. They made you learn as well—and I would certainly be glad ica to become a responsible, partici- to do it with one hand. In case you to yield to a fellow Eagle Scout. pating citizen and leader who is guided were hanging from a rope on a moun- Mr. THOMPSON of Pennsylvania. by the scout oath and the scout law.’’ tainside, you could reach up with the Well, I appreciate being yielded to by a I mean, what a great vision, a vision other hand and tie that bow and be fellow Eagle Scout. that continues to guide an organiza- able to suspend yourself, just hanging It truly is an honor and a privilege to tion that serves our youth. with the rope, without having to hold be here this evening to recognize an or- I want to share and also quote be- on for dear life. So there are amazing ganization that has for 100 years, for an cause my good friend from Texas re- things you learn in the Army—from entire century, served this Nation flected on our President and past Presi- the stars to Morse code. I don’t remem- through serving the youth. It is just a dent related to scouting. This is an- ber that so well anymore, but what remarkable organization. other President who also was an Eagle phenomenal training. This is actually my 40th year in Scout. This was former President Ger- One of the facts we have indicates scouting, and so I’ve had tremendous ald Ford, who was an Eagle Scout and that, in 2009, Boy Scouting recognized opportunity to be able to see how the 38th President of the United States their 2 millionth Eagle Scout. We know scouting touches the lives of boys and of America. And President Ford was that the Eagle Scouts are only a tiny girls. We think scouting today is the quoted: ‘‘I can say without hesitation percentage of all of those who actually Boy Scouts of America, but frankly the that because of scouting principles I go into Scouting and who benefit from Venture Scouts is a coed organization, know I was a better athlete, I was a Scouting. So that’s quite an accom- and the Boy Scouts make a tremendous better naval officer, I was a better Con- plishment. There are 2 million Eagle difference in the lives of boys and girls. gressman, and I was a better prepared Scouts in the Boy Scout program. I have with me today actually the President.’’ And so obviously President Another thing that is worth noting 12th printing of the Boy Scout Hand- Ford recognized the value of scouting is, when you see a Boy Scout get to be book, which is a handbook that is just in his life. a Tenderfoot and as you work your way a fascinating read. For 100 years, 12 up to Second Class, First Class, Star, editions, this has been printed, and the b 2330 Life, and Eagle, you don’t attain those basics are still the same. Like my good Mr. GOHMERT. If the gentleman will badges, those accomplishments, by rep- friend from Texas talked about, he yield back for a moment, I owed the resenting only yourself. No Boy Scout named those 12 parts of the scout law. Army 4 years from an Army scholar- ever has or ever will. It represents the The principles of citizenship are here, ship to Texas A&M. millions of people who have helped of character, of the scout motto, ‘‘Be From the years of being a Boy Scout, Scouting over the years. prepared,’’ the scout slogan, ‘‘Do a I was good at orienteering, which is the In my case, my parents were so en- good turn daily,’’ and the principles process of taking a map and a compass couraging, and my mother was actu- that are found within the scout oath. and finding your way from point A to ally more than encouraging. She was

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00113 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6278 CONGRESSIONAL RECORD — HOUSE July 28, 2010 downright pushy—my late mother, rest some experience with Scouting, with Those are values that—I learned her soul. My Scoutmaster—rest his Boy Scouting. They’ve been Boy those starting when I was age 11. soul, Sam Parker—had more influence Scouts or they’ve been parents of a One of the most important things on my life than any man besides my fa- Scout or they’ve had a sibling who’s a that probably happened in my life was ther, I think. I’ve had such wonderful Scout. There is a connection there. I that I had a foster brother come live men and women help teach and encour- know, for those who have been in with my family at age 11. And when age me; but my Scoutmaster, who was Scouting for just a few years, what a Mom and Dad brought Bob into our also an American history teacher, in- difference it makes. home, they had made a promise to him stilled just a love of American history One of the hardest things I had to do that he could continue in the scouting and of America’s greatness, not be- 19 months ago when I was sworn into program—he was a couple years older cause America just all of a sudden ap- Congress was, 3 days before that, I had than I—that he had been attending in a peared and did these things, but be- to retire as Scoutmaster. I wasn’t neighboring valley. And, frankly, as a cause it was blessed by God. Those going to be home for the meetings. Cer- younger brother, I got to tag along. things are in the Scout Oath. tainly, when I am home on weekends, I And I’d have to say that was probably My daughter Katie prepared a collage wish I could go on camp-outs. It one of the most important things that some years back, and it had all kinds doesn’t happen in this job, just the de- ever happened to me. I’m so thankful of things on there from the music I mands of it. I served as a Scoutmaster for that opportunity, and it has just liked to different things I’d accom- for 30 years and saw literally dozens of made just a tremendous difference in plished. There was high school football boys earn their Eagle Scout Awards. my life. and all of these different things that You know, that’s what they do. In the I want to share just from 2009, in were pasted, and there were slogans 100 years of Scouting in this country, terms of the service to the Nation of and things. Well, right in the middle, there has never been one Eagle Award scouting. What has scouting been? on a small piece of paper—in the center given away. They’ve all been earned— And just most recently, we’re cele- of everything and with all the other each one. brating 100 years. But just this past things emanating out from it—was the b 2340 year, there has been 1,634,715 boys, ages Boy Scout Oath: 7 to 10, in Cub Scouts in this Nation. ‘‘On my honor, I will do my best to And to have three sons that are Eagle What a number. Amazing. do my duty to God and my country and Scouts and who frankly, went on to— Of boys 11 to 17, so that would be Boy to obey the Scout Law to help other I’ve seen how that has made a dif- Scout age or what we call Varsity people at all times, to keep myself ference in their lives. Scouts, a parallel program, 897,868 boys And it has just been, you know, my physically strong, mentally awake, and involved in that program. morally straight.’’ home troop of Howard, Pennsylvania, And then you go ages 14 to 20. This is When I saw that and saw that that Troop 353 is a great troop, and it’s a the coed program that we have in was the centerpiece of everything, I family experience, too, in scouting. It scouting today. This is young men and asked, ‘‘Sweetheart, do you think of makes families stronger. There’s just a young women, ages 14 to 20. They’re me as a Boy Scout?’’ role. It’s not just for the youth. It’s Adventurers or Sea Scouts; 257,361 of She said, ‘‘Daddy, you’ll always be a families. Moms and dads get involved those young folks. Boy Scout.’’ and extended families get involved. We have over 800,000, almost 850,000 I take that as quite a compliment, as And I think back very fondly to my boys and girls in elementary through I know my friend Mr. THOMPSON, like- years, from age 11 to 18, as a youth in high school in what’s called Learning wise, is proud of the accomplishment. scouting, Walker Township Troop 52, for Life Character Education programs One other thing before I yield to my where—and my scoutmaster. Actually, friend about becoming an Eagle Scout: in this country. I just talked with my scoutmaster. And then finally, over 120,000 young The people in my hometown who con- He’ll always be my scoutmaster, even tributed, the churches and businesses men and women ages 14 to 20 in explor- though I’m 51 now. ing career-based programs. I think that helped make our Scout troop a I talked with him just a few days that’s an important part of scouting. success and the volunteers who worked ago, Harold Yearick, and Ray Lahr, I’ve seen that. I still call them boys, and made it go and who gave us that who was assistant scoutmaster and but they are adults today that I re- opportunity deserve such accolades for also scoutmaster during that time. member vividly when they were 11 what they did and for the difference Those were men that just, you know, years old, came into my scout room. they made in all of our lives as boys. the values that I learned from them But today they’re grown, they’re mar- When it came time for the Eagle they demonstrated in their actions of ried, they have children of their own Court of Honor, which is where I re- duty to God and duty to country and who are actually in scouting, many of ceived my Eagle Award, I was the old- duty to others and duty to self. est of three boys. I have another sister And so, to this day, those are prin- them. And, you know, I saw their career who is older, and I just lost my young- ciples I use when I make decisions in paths take shape through the scouting er brother a few months ago. We each, Congress. I ask myself those four ques- program, whether it was involved in a in turn, became Eagle Scouts. After my tions. Is the decision I’m making, what high adventure program that we might mother passed away in 1991, we were about my duty to God. Is it righteous have done, a camping program, or more looking through her jewelry box. She according to God’s word? had some jewelry pieces that were very The SPEAKER pro tempore (Mr. than likely through one of the merit nice; but in a small area, she had the PERRIELLO). The gentleman is recog- badge programs where they learned a most valuable pieces of jewelry she’d nized for an additional 20 minutes. specific skill. And as a result of that ever owned. There was a ring that had Mr. GOHMERT. Thank you, Mr. exposure and that experience in the some rubies and diamonds on it. There Speaker. And I yield again to my friend scouting program, they picked a career was a gold nugget necklace, which had from Pennsylvania (Mr. THOMPSON). path, and it’s a passion that they pur- real gold nuggets. Then there were the Mr. THOMPSON of Pennsylvania. sued. And, frankly, scouting opened three Eagle Pins that Eagles pin on Thank you. that door for them and so just creates their mothers at the time they’re Duty to country. The decision I’m all kinds of great opportunities. awarded the Eagle. It made it pretty going to make, is it according to the Mr. GOHMERT. Well, to follow up on clear that, not just for me but in my Constitution? some of the numbers that my friend, mother’s life, her boys—all three—be- Duty to others. Is the decision I’m Mr. THOMPSON, was quoting: coming Eagle Scouts was one of the going to make as a Member of Congress Total youth served in the hundred most treasured things that she had. today in this job, you know, how does years of scouting here in the United I yield to my friend, Mr. THOMPSON. is it impact the people that I work for? States, 114,304,329; adult volunteers, Mr. THOMPSON of Pennsylvania. What are the intended consequences? 33,364,261; total number of merit Well, I thank my good friend. What are the unintended consequences? badges, over 117 million. And those You know, I think the statistic is one And, frankly, duty to self. Am I pre- merit badges don’t just represent little out of every three persons has had pared to do my best? pieces of fabric with stitching on them.

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00114 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 28, 2010 CONGRESSIONAL RECORD — HOUSE H6279 They represent a great deal of work, talked to their moms about starting ner called a sponsoring organization. skills attained, knowledge attained, Scout troops. And they’re so excited. And they are churches, fire depart- things that will help throughout life in And some have started, and it’s such a ments, Lions clubs, Rotary, Salvation the issues that come in the future. help. And it would be so wonderful if Army. I mean, there are just an endless Now, I do feel we need to touch on those corporate sponsors were not list of organizations who step forward. this briefly because Boy Scouting has blaming Scouts for thinking the Ten In becoming a partner, they sponsor been under attack. There have been Commandments were a good thing, and these Scouting units. groups that have been trying to elimi- therefore withholding contributions, And it seems fitting, as we pay trib- nate and have successfully eliminated, choosing to give them to groups who ute to the 100th anniversary of Scout- like in San Francisco. For years, there think that just blatantly violating the ing, to say ‘‘thank you’’ to those com- have been efforts to restrict scouting Ten Commandments are the best thing munity partners. They play such an from enjoying the parks that other that we could do in America. important role in making sure that the groups might enjoy. There are efforts So they’re giving to those who de- units, the Scouting units have quali- in Congress on a regular basis to try to mean those who think morality is a fied leadership, that they usually pro- hurt the scouting effort. And it all good thing and in the process hurting vide a place for them to meet, they boils down to this one thing about so many who could be Eagle Scouts, provide them the support they need to scouting. who could be great Scouts. But the have within the community. So ‘‘thank Despite the oath that scouts take, contributions are dropping, and the in- you’’ to certainly our sponsoring orga- the Scout Law, scouting has chosen to volvement has been dropping some. nizations within Scouting. stay faithful to religious tenets that I think that we’re seeing things turn And, finally, just touch on the things man represented as the only full face of in this Nation in such a way that we’re that Scouting provides in a real tan- all the greatest lawgivers in this room. going to have a reawakening, we’re gible way to our communities, because Every one of them has a side profile ex- going to have a great awakening, and they are a central part of our commu- cept the one in the middle who’s con- people are going to come back to the nity, our Scouting units. It’s called the sidered to be the greatest lawgiver of fact that the real truth is this Nation National Good Turn Project. It started all time. That’s Moses. And one of the has been blessed by God because this in February of 2004, and it began to laws that Moses said were given to him Nation has lived up to the blessed te- track all the things that we knew that he gave was thou shalt not com- nets that God said to live by. And as we Scouting has done for a hundred years mit adultery. In other words, you shall return to those—certainly don’t want of the amount of hours of community not have sex, sexual relations, outside to give up on the progress that this, service. I remember washing a lot of the marriage of a man and a woman. the greatest Nation in the history of fire trucks when I was 11 years old. Scouting, through all these years, mankind has made. But in the moral Only later did I find out my Scout- has chosen to honor that Command- area, where we’ve fallen apart and Boy master was fire chief. But that was ment, honor the Ten Commandments Scouting has stayed so steadfast, I good training for community service. in all it did. And obviously, all sin, all think we’ll see people come back to the And we went on to do litter pickups fail, fall short, but scouting, at least, basics on morality, and we’ll see even and do all kinds of community service. has tried to exemplify the best of hu- greater accomplishments. Well, we never tracked that prior to manity that most of us in this country And so it should be observed that 50 2004. But February 2004 we began to believe come out when we try to live percent of all the NASA astronauts start to keep track. You know, since by those Ten Commandments. were Boy Scouts. More than 30 percent February 2004 Scouting has provided 8.5 So scouting has upheld that they pre- of all graduates from the military, Air million hours of community service in ferred adult leaders who were not open Force, and naval academies were in- this country. That’s what’s docu- adulterers. And I know, in our society volved in Scouting in their youth, and mented. I am sure there’s stuff that today, so many believe that it’s no big five of our Presidents have been Boy didn’t get documented. deal, there’s nothing wrong with it. Scouts. And even within this Congress, And, finally, the Eagle Scout projects Adultery is no big deal, regardless of 199 of our current Members once par- this past year totaled just in service the sexual gender of the people partici- ticipated in Scouting. And 22 in Con- what calculates to be $47 million of pating. It’s just fine. gress, are, as my friend G.T. and I, community service, of providing and Boy Scouting has chosen to say, we Eagle Scouts. I had somebody try and reaching out to the community. So I believe the Commandments given by say I was a former Eagle Scout. But am just real proud to be here this Moses that he believed and we believe it’s kind of like being an Aggie: once evening to join my good friend and fel- came to him from God are worth ob- you are, you are for the rest of your low Eagle Scout to pay tribute to the serving and trying to follow. Scouting life. 100th anniversary of Scouting and also has and, ironically, it has produced And so that’s why in my district of- to wish a safe and enjoyable and fun such great ire among so many who now fice something wonderful my wife did, I Scouting experience at Fort A.P. Hill want to kill the program because Boy believe it was Father’s Day, she had a for the tens of thousands of Scouts that Scouts say, We just believe those Ten shadow box, unknown to me, put to- are gathered from all over this Nation Commandments are a good thing, in- gether with my Eagle award and so just about an hour south of our Cap- cluding that one about adultery, not many of the things I traded for and had itol. And thank you for being with me having sexual relations outside of mar- earned during my time in Scouting in tonight. riage between a man and a woman. that shadow box. And I am so proud of Mr. GOHMERT. Thank you. I would And as a result, there’s a number of that. That’s in my office back in east ask my friend to stay with me one corporate sponsors who used to give Texas. more moment as we have been paying huge sums, six, seven figures even, to But Scouting has done so much to tribute to Boy Scouts of America, the the Boy Scouts to assist them, who’ve contribute not merely to making boys organization, what they’ve done. I chosen to say that because Boy Scouts far better than they could have been know that as an Eagle Scout, as a have persisted in believing that avoid- otherwise, but by making this Nation Scoutmaster, my friend, Mr. THOMPSON ing adultery is a good thing, then so much greater than it ever would has many Courts of Honor stood and they’re not going to help the Boy have been without Boy Scouts of Amer- asked all of those Boy Scouts and Scouts. ica. Eagle Scouts to stand and say the I yield to my friend Mr. THOMPSON. scout oath together. I wondered if my b 2350 Mr. THOMPSON of Pennsylvania. I friend might join me, as I yield time to And in the process, they have robbed thank you for yielding. him, as we might conclude tonight. so many, many minorities, people who I want to take a moment to talk Mr. THOMPSON of Pennsylvania. I would love to be Scouts. And I know in about an important key member of the would be honored. I think that’s a fit- our east Texas area there are so many Scouting team, and that is sponsoring ting tribute and way to do that. young minorities without fathers who organizations, from all over. Every Mr. GOHMERT. That’s what went we’ve met with and talked with and Scouting unit has a community part- through my mind.

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00115 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6280 CONGRESSIONAL RECORD — HOUSE July 28, 2010 Mr. THOMPSON of Pennsylvania. All vania) to revise and extend their re- H.R. 4684. To require the Secretary of the right. Here we go. marks and include extraneous mate- Treasury to strike medals in commemora- Mr. GOHMERT. On my honor, I will rial:) tion of the 10th anniversary of the Sep- do my best, to do my duty to God and Mr. PUTNAM, for 5 minutes, July 29. tember 11, 2001, terrorist attacks on the United States and the establishment of the my country, and to obey the Scout Mr. FORTENBERRY, for 5 minutes, today. National September 11 Memorial & Museum Law; to help other people at all times; at the World Trade Center to keep myself physically strong, men- f H.J. Res. 83. Approving the renewal of im- tally awake, and morally straight. ENROLLED BILLS SIGNED port restrictions contained in the Burmese Two. Freedom and Democracy Act of 2003, and for Lorraine C. Miller, Clerk of the Mr. GOHMERT. Mr. Speaker, with other purposes House, reported and found truly en- that we yield back. rolled bills of the House of the fol- Lorraine C. Miller, Clerk of the f lowing titles, which were thereupon House further reports that on July 28, SPECIAL ORDERS GRANTED signed by the Speaker: 2010 she presented to the President of H.R. 4899. An act making supplemental ap- the United States, for his approval, the By unanimous consent, permission to propriations for the fiscal year ending Sep- following bill. address the House, following the legis- tember 30, 2010, and for other purposes. H.R. 5849. To provide for an additional tem- lative program and any special orders H.R. 5849. An act to provide for an addi- porary extension of programs under the tional temporary extension of programs heretofore entered, was granted to: Small Business Act and the Small Business under the Small Business Act and the Small (The following Members (at the re- Investment Act of 1958, and for other pur- Business Investment Act of 1958, and for quest of Mr. KAGEN) to revise and ex- poses. other purposes. tend their remarks and include extra- f neous material:) f Ms. LEE of California, for 5 minutes, BILLS AND A JOINT RESOLUTION today. PRESENTED TO THE PRESIDENT ADJOURNMENT Mr. TOWNS, for 5 minutes, today. Lorraine C. Miller, Clerk of the Ms. SUTTON, for 5 minutes, today. House reports that on July 27, 2010 she Mr. GOHMERT. Mr. Speaker, I move Mr. BRIGHT, for 5 minutes, today. presented to the President of the that the House do now adjourn. Ms. WOOLSEY, for 5 minutes, today. United States, for his approval, the fol- The motion was agreed to; accord- Mr. DEFAZIO, for 5 minutes, today. lowing bills. ingly (at 11 o’clock and 56 minutes Ms. KAPTUR, for 5 minutes, today. H.R. 725. To protect Indian arts and crafts p.m.), the House adjourned until to- (The following Members (at the re- through the improvement of applicable morrow, Thursday, July 29, 2010, at 10 quest of Mr. THOMPSON of Pennsyl-hcriminal proceedings, and for other purposes a.m. BUDGETARY EFFECTS OF PAYGO LEGISLATION Pursuant to Public Law 111–139, Mr. SPRATT hereby submits, prior to the vote on passage, the attached estimate of the costs of the bill H.R. 2480, the Truth in Fur Labeling Act, as amended, for printing in the CONGRESSIONAL RECORD.

CBO ESTIMATE OF THE STATUTORY PAY-AS-YOU-GO EFFECTS FOR H.R. 2480, THE TRUTH IN FUR LABELING ACT OF 2010, AS AMENDED AND TRANSMITTED TO CBO ON JULY 27, 2010

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

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

a The legislation could increase civil and criminal penalties and thus would affect federal revenues and direct spending: CBO estimates those effects would not be significant in any year. Pursuant to Public Law 111–139, Mr. SPRATT hereby submits, prior to the vote on passage, the attached estimate of the costs of the bill H.R. 4658, the Benton MacKaye Cherokee National Forest Land Consolidation Act, as amended, for printing in the CONGRESSIONAL RECORD.

CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR H.R. 4658, THE BENTON MACKAYE CHEROKEE NATIONAL FOREST LAND CONSOLIDATION ACT OF 2010, AS ORDERED REPORTED BY THE HOUSE COMMITTEE ON AGRICULTURE, ON JUNE 30, 2010, WITH AN AMENDMENT PROVIDED BY THE HOUSE COMMITTEE ON THE BUDGET ON JULY 28, 2010

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

Net Increase or Decrease (¥) in the Deficit Statutory Pay-As-You-Go Impact ...... 0 0 0 0 0 0 0 0 0 0 0 0 0 H.R. 4658 would authorize the Secretary of Agriculture to sell 67 acres of land in the Cherokee National Forest to the Towee Falls Baptist Church. Proceeds from the sale would be available to the Forest Service, without further appropriation, to acquire other lands within the Cherokee National Forest. Pursuant to Public Law 111–139, Mr. SPRATT hereby submits, prior to the vote on passage, the attached estimate of the costs of the bill H.R. 5669, To direct the Secretary of Agriculture to convey certain Federally owned land located in Story County, Iowa, as amended, for printing in the CONGRESSIONAL RECORD.

CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR H.R. 5669, A BILL TO DIRECT THE SECRETARY OF AGRICULTURE TO CONVEY CERTAIN FEDERALLY OWNED LAND LOCATED IN STORY COUNTY, IOWA, AS INTRODUCED ON JULY 1, 2010, WITH AN AMENDMENT PROVIDED BY THE HOUSE COMMITTEE ON THE BUDGET ON JULY 28, 2010

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

Net Increase or Decrease (¥) in the Deficit Statutory Pay-As-You-Go Impact ...... 0 ¥1 1 0 0 0 0 0 0 0 0 0 0 H.R. 5669 would authorize the Secretary of Agriculture to sell 44 acres of land in Story County, Iowa, to the city of Ames. Proceeds from the sale would be available to the Secretary, without further appropriation, to acquire other lands and to support activities related to the National Animal Disease Center.

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00116 Fmt 4634 Sfmt 8634 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 28, 2010 CONGRESSIONAL RECORD — HOUSE H6281 Pursuant to Public Law 111–139, Mr. SPRATT hereby submits, prior to the vote on passage, the attached estimate of the costs of the bill H.R. 5872, the General and Special Risk Insurance Funds Availability Act of 2010, as amended, for printing in the CONGRESSIONAL RECORD. CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR H.R. 5872, THE GENERAL SPECIAL RISK INSURANCE FUNDS AVAILABILITY ACT OF 2010, AS INTRODUCED BY THE HOUSE COMMITTEE ON FINANCIAL SERVICES ON JULY 27, 2010, WITH AN AMENDMENT PROVIDED BY THE HOUSE COMMITTEE ON THE BUDGET ON JULY 27, 2010

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

Net Decrease (¥) in the Deficit Statutory Pay-As-You-Go Impact a ...... ¥94 0 0 0 0 0 0 0 0 0 0 ¥94 ¥94 a This legislation would enable the Federal Housing Administration (FHA) to guarantee up to $20 billion in mortgage loans under its General and Special Risk Insurance program in fiscal year 2010. Under current law, FHA is permitted to insure up to $15 billion in loan guarantees. With this additional loan commitment authority, FHA would make additional loan guarantees and consequently the budget would record additional receipts under procedures in the Federal Credit Reform Act. CBO estimates that enacting this legislationh would reduce direct spending by $94 million in 2010. Enacting this legislation would not affect revenues. EXECUTIVE COMMUNICATIONS, 8614. A letter from the Attorney, Depart- 8622. A letter from the Attorney-Advisor, ETC. ment of Homeland Security, transmitting Department of Homeland Security, transmit- the Department’s final rule — Safety Zone; ting the Department’s final rule — Special Under clause 2 of rule XIV, executive Reedville July 4th Celebration, Cockrell’s Local Regulation; Swim Across the Sound, communications were taken from the Creek, Reedville, VA [Docket No.: USCG- Long Island Sound, Port Jefferson, NY to Speaker’s table and referred as follows: 2010-0293] (RIN: 1625-AA00) received July 20, Captain’s Cove Seaport, Bridgeport, CT 8606. A letter from the Congressional Re- 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the [Docket No.: USCG-2009-0395] (RIN: 1625- view Coordinator, Department of Agri- Committee on Transportation and Infra- AA08) received July 20, 2010, pursuant to 5 culture, transmitting the Department’s final structure. 8615. A letter from the Attorney, Depart- U.S.C. 801(a)(1)(A); to the Committee on rule — South American Cactus Moth Regula- ment of Homeland Security, transmitting Transportation and Infrastructure. tions; Quarantined Areas [Docket No.: the Department’s final rule — Safety Zone; 8623. A letter from the Attorney-Advisor, APHIS-2010-0037] received July 15, 2010, pur- Shore Thing & Independance Day Fireworks, Department of Homeland Security, transmit- suant to 5 U.S.C. 801(a)(1)(A); to the Com- Chesapeake Bay, Norfolk, VA [Docket No.: ting the Department’s final rule — Safety mittee on Agriculture. USCG-2010-0294] (RIN: 1625-AA00) received 8607. A letter from the Director, Defense Zone; Tacoma Freedom Fair Air Show, Com- July 20, 2010, pursuant to 5 U.S.C. mencement Bay, Tacoma, Washington Procurement and Acquisition Policy, De- 801(a)(1)(A); to the Committee on Transpor- partment of Defense, transmitting the De- [Docket No.: USCG-2010-0495] (RIN: 1625- tation and Infrastructure. AA00) received July 20, 2010, pursuant to 5 partment’s final rule — Defense Federal Ac- 8616. A letter from the Attorney-Advisor, U.S.C. 801(a)(1)(A); to the Committee on quisition Regulation Supplement; Notifica- Department of Homeland Security, transmit- tion Requirements for Awards of Single- ting the Department’s final rule — Safety Transportation and Infrastructure. Source Task or Delivery Orders (DFARS Zone; Fourth of July Fireworks Event, 8624. A letter from the Attorney-Advisor, Case 2009-D036) received July 12, 2010, pursu- Pagan River, Smithfield, VA [Docket No.: Department of Homeland Security, transmit- ant to 5 U.S.C. 801(a)(1)(A); to the Committee USCG-2010-0454] (RIN: 1625-AA00) received ting the Department’s final rule — Safety on Armed Services. July 20, 2010, pursuant to 5 U.S.C. Zone; Delta Independence Day Foundation 8608. A letter from the General Counsel, 801(a)(1)(A); to the Committee on Transpor- Celebration, Mandeville Island, CA [Docket Federal Energy Regulatory Commission, tation and Infrastructure. No.: USCG-2010-0364] (RIN: 1625-AA00) re- transmitting the Commission’s final rule — 8617. A letter from the Attorney, Depart- ceived July 20, 2010, pursuant to 5 U.S.C. ment of Homeland Security, transmitting Contract Reporting Requirements of Intra- 801(a)(1)(A); to the Committee on Transpor- the Department’s final rule — Safety Zone; state Natural Gas Companies [Docket No.: tation and Infrastructure. RM09-2-000; Order No. 735] received July 15, Mackinac Island 4th of July Fireworks, Lake 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the Huron, Mackinac Island, MI [Docket NO.: 8625. A letter from the Attorney, Depart- Committee on Energy and Commerce. USCG-2010-0497] (RIN: 1625-AA00) received ment of Homeland Security, transmitting 8609. A letter from the Chairman, Nuclear July 20, 2010, pursuant to 5 U.S.C. the Department’s final rule — Safety Zone; Regulatory Commission, transmitting the 801(a)(1)(A); to the Committee on Transpor- Private Fireworks, Wilson Creek, Glouces- Commission’s report entitled, ‘‘Report to tation and Infrastructure. ter, VA [Docket No.: USCG-2010-0257] (RIN: Congress on Abnormal Occurrences: Fiscal 8618. A letter from the Attorney, Depart- 1625-AA00) received July 20, 2010, pursuant to Year [FY] 2009’’, pursuant to 42 U.S.C. 5848; ment of Homeland Security, transmitting 5 U.S.C. 801(a)(1)(A); to the Committee on to the Committee on Energy and Commerce. the Department’s final rule — Safety Zone; Transportation and Infrastructure. Festivals & Fireworks Celebration, East 8610. A letter from the Assistant Secretary 8626. A letter from the Attorney, Depart- for Export Administration, Department of Moran Bay, Lake Huron, St. Ignace, MI [Docket No.: USCG-2010-0452] (RIN: 1625- ment of Homeland Security, transmitting Commerce, transmitting the Department’s the Department’s final rule — Safety Zones; final rule — Revisions to the Commerce Con- AA00) received July 20, 2010, pursuant to 5 City of Chicago’s July 4th Celebration Fire- trol List to Update and Clarify Crime Con- U.S.C. 801(a)(1)(A); to the Committee on works, Lake Michigan, Chicago, IL [Docket trol License Requirements [Docket No.: Transportation and Infrastructure. 8619. A letter from the Attorney, Depart- No.: USCG-2010-0249] (RIN: 1625-AA00) re- 080721866-0167-02] (RIN: 0694-AE42) received ment of Homeland Security, transmitting ceived July 20, 2010, pursuant to 5 U.S.C. July 14, 2010, pursuant to 5 U.S.C. the Department’s final rule — Safety Zone; 801(a)(1)(A); to the Committee on Transpor- 801(a)(1)(A); to the Committee on Foreign Af- Sault Saint Marie 4th of July Fireworks, St. tation and Infrastructure. fairs. Mary’s River, Sault Saint Marie, MI [Docket 8611. A letter from the Executive Analyst, 8627. A letter from the Attorney-Advisor, No. USCG-2010-0543] (RIN: 1625-AA00) re- Department of Homeland Security, transmit- Department of Health and Human Services, ceived July 20, 2010, pursuant to 5 U.S.C. transmitting a report pursuant to the Fed- 801(a)(1)(A); to the Committee on Transpor- ting the Department’s final rule — Safety eral Vacancies Reform Act of 1998; to the tation and Infrastructure. Zone; City of Pittsburg Independence Day Committee on Oversight and Government 8620. A letter from the Attorney-Advisor, Celebration, Pittsburg, CA [Docket No.: Reform. Department of Homeland Security, transmit- USCG-2010-0366] (RIN: 1625-AA00) received 8612. A letter from the Assistant Attorney ting the Department’s final rule — Safety July 20, 2010, pursuant to 5 U.S.C. General, Department of Justice, transmit- Zone; Stockton Ports Baseball Club/City of 801(a)(1)(A); to the Committee on Transpor- ting the Department’s report on the use of Stockton, 4th of July Fireworks Display, tation and Infrastructure. the Category Rating System during calendar Stockton, CA [Docket No.: USCG-2010-0369] 8628. A letter from the Attorney, Depart- year 2009, pursuant to 5 U.S.C. 3319(d); to the (RIN: 1625-AA00) received July 20, 2010, pur- ment of Homeland Security, transmitting Committee on Oversight and Government suant to 5 U.S.C. 801(a)(1)(A); to the Com- the Department’s final rule — Safety Zones; Reform. mittee on Transportation and Infrastruc- 8613. A letter from the Acting Senior Pro- Annual Firework Displays within the Cap- ture. tain of the Port, Puget Sound Area of Re- curement Executive, General Services Ad- 8621. A letter from the Attorney-Advisor, sponsibility [Docket No.: USCG-2010-0063] ministration, transmitting the Administra- Department of Homeland Security, transmit- tion’s final rule — Federal Acquisition Regu- ting the Department’s final rule — Safety (RIN: 1625-AA00) recieved July 20, 2010, pur- lation; Technical Amendments [FAC 2005-42; Zone; Jameson Beach 4th of July Fireworks suant to 5 U.S.C. 801(a)(1)(A); to the Com- Item XII; Docket 2010-0078; Sequence 2] re- Display [Docket No.: USCG-2010-0378] (RIN: mittee on Transportation and Infrastruc- ceived July 15, 2010, pursuant to 5 U.S.C. 1625-AA00) received July 20, 2010, pursuant to ture. 801(a)(1)(A); to the Committee on Oversight 5 U.S.C. 801(a)(1)(A); to the Committee on 8629. A letter from the Attorney, Depart- and Government Reform. Transportation and Infrastructure. ment of Homeland Security, transmitting

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00117 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6282 CONGRESSIONAL RECORD — HOUSE July 28, 2010 the Department’s final rule — Safety Zone; referred to the committee of the Whole dents; to the Committee on Education and Michigan Orthopaedic Society 50th Anniver- House on the State of the Union, and Labor. sary Fireworks, Lake Huron, Mackinac Is- ordered to be printed. By Ms. WATERS (for herself, Mr. CON- land, MI [Docket No.: USCG-2010-0436] (RIN: YERS, and Mr. JACKSON of Illinois): 1625-AA00) received July 20, 2010, pursuant to f H.R. 5895. A bill to limit the effect of legal 5 U.S.C. 801(a)(1)(A); to the Committee on PUBLIC BILLS AND RESOLUTIONS releases in certain civil actions, and for Transportation and Infrastructure. other purposes; to the Committee on the Ju- 8630. A letter from the Secretary, Federal Under clause 2 of rule XII, public diciary. Trade Commission, transmitting the ninth bills and resolutions of the following By Mr. MINNICK (for himself and Mr. annual report pursuant to the College Schol- titles were introduced and severally re- SIMPSON): arship Fraud Prevention Act of 2000; jointly ferred, as follows: H.R. 5896. A bill to authorize an additional to the Committees on Education and Labor district judgeship for the district of Idaho; to By Mr. DOGGETT (for himself, Ms. the Committee on the Judiciary. and the Judiciary. SCHAKOWSKY, Mr. BLUMENAUER, Mr. 8631. A letter from the Inspector General, By Mr. OBERSTAR (for himself, Ms. MCDERMOTT, and Ms. EDDIE BERNICE Department of Health and Human Services, NORTON, Mr. RAHALL, Mr. FILNER, JOHNSON of Texas): Ms. EDDIE BERNICE JOHNSON of Texas, transmitting a report entitled ‘‘Review of H.R. 5890. A bill to amend the Internal Rev- Mr. CUMMINGS, Mr. BISHOP of New Medicare Contractor Information Security enue Code of 1986 and title XIX of the Social York, Mr. CARNAHAN, Ms. HIRONO, Program Evaluations for Fiscal Year 2007’’; Security Act to reform the provision of long- Mr. ARCURI, Mr. KAGEN, Ms. RICHARD- jointly to the Committees on Energy and term care insurance; to the Committee on SON, Mr. HARE, and Mr. JOHNSON of Commerce and Ways and Means. Energy and Commerce, and in addition to Georgia): f the Committee on Ways and Means, for a pe- H.R. 5897. A bill to reauthorize and improve REPORTS OF COMMITTEES ON riod to be subsequently determined by the programs and activities carried out under Speaker, in each case for consideration of PUBLIC BILLS AND RESOLUTIONS the Public Works and Economic Develop- such provisions as fall within the jurisdic- ment Act of 1965, and for other purposes; to Under clause 2 of rule XIII, reports of tion of the committee concerned. the Committee on Transportation and Infra- committees were delivered to the Clerk By Mr. LINDER: structure, and in addition to the Committee for printing and reference to the proper H.R. 5891. A bill to direct the Bureau of the on Financial Services, for a period to be sub- calendar, as follows: Census to publish improved annual measures sequently determined by the Speaker, in of family income for use in more accurately Mr. WAXMAN: Committee on Energy and each case for consideration of such provi- determining the extent of poverty in the sions as fall within the jurisdiction of the Commerce. H.R. 4692. A bill to require the United States and the anti-poverty effective- President to prepare a quadrennial National committee concerned. ness of means-tested benefit and tax pro- By Ms. SHEA-PORTER: Manufacturing Strategy, and for other pur- grams, and for other purposes; to the Com- poses; with an amendment (Rept. 111–574, Pt. H.R. 5898. A bill to amend the Buy Amer- mittee on Ways and Means, and in addition ican Act to require each department or inde- 1). Referred to the Committee of the Whole to the Committee on Oversight and Govern- House on the State of the Union. pendent establishment to conduct an annual ment Reform, for a period to be subsequently audit of its contracts for compliance with Mr. RAHALL: Committee on Natural Re- determined by the Speaker, in each case for sources. H.R. 3534. A bill to provide greater such Act, and for other purposes; to the Com- consideration of such provisions as fall with- mittee on Oversight and Government Re- efficiencies, transparency, returns, and ac- in the jurisdiction of the committee con- countability in the administration of Fed- form. cerned. By Mr. NUNES (for himself, Mr. RYAN eral mineral and energy resources by con- By Mr. OBERSTAR (for himself and solidating administration of various Federal of Wisconsin, Mr. SHIMKUS, Mr. Ms. EDDIE BERNICE JOHNSON of energy minerals management and leasing BISHOP of Utah, and Mr. SIMPSON): Texas): H.R. 5899. A bill to expand domestic fossil programs into one entity to be known as the H.R. 5892. A bill to provide for the con- fuel production, develop more nuclear power, Office of Federal Energy and Minerals Leas- servation and development of water and re- and expand renewable electricity; to the ing of the Department of the Interior, and lated resources, to authorize the Secretary Committee on Natural Resources, and in ad- for other purposes; with an amendment of the Army to construct various projects for dition to the Committees on Energy and (Rept. 111–575, Pt. 1). Referred to the Com- improvements to rivers and harbors of the Commerce, Ways and Means, Oversight and mittee of the Whole House on the State of United States, and for other purposes; to the Government Reform, Armed Services, and the Union. Committee on Transportation and Infra- Transportation and Infrastructure, for a pe- Mr. GORDON of Tennessee: Committee on structure. Science and Technology. H.R. 5781. A bill to riod to be subsequently determined by the By Mr. LEVIN (for himself, Mr. RAN- authorize the programs of the National Aero- Speaker, in each case for consideration of GEL, Mr. STARK, Mr. MCDERMOTT, Mr. nautics and Space Administration, and for such provisions as fall within the jurisdic- LEWIS of Georgia, Mr. BECERRA, Mr. other purposes; with an amendment (Rept. tion of the committee concerned. PASCRELL, Mr. CROWLEY, Ms. BERK- 111–576). Referred to the Committee of the By Mr. OBERSTAR (for himself, Mr. LEY, Mr. MEEK of Florida, Mr. DAVIS Whole House on the State of the Union. LEVIN, Mr. MICA, Mr. COSTELLO, and of Illinois, Mr. ETHERIDGE, Mr. HIG- Mr. HASTINGS of Florida: Committee on Mr. PETRI): GINS, Mr. GARAMENDI, Mrs. H.R. 5900. A bill to amend the Internal Rev- Rules. House Resolution 1568. Resolution DAHLKEMPER, Mr. KAGEN, Mr. enue Code of 1986 to extend the funding and providing for consideration of the bill (H.R. PERRIELLO, Ms. KILROY, Mr. expenditure authority of the Airport and 5893) to amend the Internal Revenue Code of MCMAHON, Mr. KISSELL, and Mr. CAR- Airway Trust Fund, to amend title 49, United 1986 to create jobs through increased invest- NEY): States Code, to extend airport improvement ment in infrastructure, to eliminate loop- H.R. 5893. A bill to amend the Internal Rev- program project grant authority and to im- holes which encourage companies to move enue Code of 1986 to create jobs through in- prove airline safety, and for other purposes; operations offshore, and for other purposes creased investment in infrastructure, to to the Committee on Transportation and In- (Rept. 111–577). Referred to the House Cal- eliminate loopholes which encourage compa- frastructure, and in addition to the Com- endar. nies to move operations offshore, and for mittee on Ways and Means, for a period to be Mr. ARCURI: Committee on Rules. House other purposes; to the Committee on Ways subsequently determined by the Speaker, in Resolution 1569. Resolution providing for and Means, and in addition to the Committee each case for consideration of such provi- consideration of the bill (H.R. 5850) making on the Budget, for a period to be subse- sions as fall within the jurisdiction of the appropriations for the Departments of Trans- quently determined by the Speaker, in each committee concerned. portation, and Housing and Urban Develop- case for consideration of such provisions as By Mr. CROWLEY: ment, and related agencies for the fiscal year fall within the jurisdiction of the committee H.R. 5901. A bill to amend the Internal Rev- ending September 30, 2011, and for other pur- concerned. enue Code of 1986 to exempt certain stock of poses (Rept. 111–578). Referred to the House By Mr. POLIS (for himself, Ms. BERK- real estate investment trusts from the tax Calendar. LEY, Mrs. CAPPS, Ms. CLARKE, Mr. on foreign investment in United States real DISCHARGE OF COMMITTEE CONYERS, Mr. GRIJALVA, Mr. property interests, and for other purposes; to Pursuant to clause 2 of rule XIII the HINOJOSA, Ms. EDDIE BERNICE JOHN- the Committee on Ways and Means, and in Committee on Agriculture discharged SON of Texas, Ms. MATSUI, Ms. MOORE addition to the Committee on the Budget, from further consideration. H.R. 3534 of Wisconsin, Ms. NORTON, Ms. RICH- for a period to be subsequently determined referred to the Committee of the Whole ARDSON, Ms. ROYBAL-ALLARD, Ms. LO- by the Speaker, in each case for consider- House on the State of the Union, and RETTA SANCHEZ of California, Ms. ation of such provisions as fall within the ju- SCHAKOWSKY, Mr. SCOTT of Virginia, risdiction of the committee concerned. ordered to be printed. and Ms. WOOLSEY): By Ms. LINDA T. SA´ NCHEZ of Cali- Pursuant to clause 2 of rule XIII the H.R. 5894. A bill to authorize the Secretary fornia (for herself, Ms. BALDWIN, Mr. Committee on the Budget discharged of Education to make grants to promote the BRALEY of Iowa, Mr. DELAHUNT, Ms. from further consideration. H.R. 4692 education of pregnant and parenting stu- DELAURO, Ms. EDWARDS of Maryland,

VerDate Mar 15 2010 05:49 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00118 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H28JY0.REC H28JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 28, 2010 CONGRESSIONAL RECORD — HOUSE H6283 Mr. ELLISON, Mr. FARR, Mr. FATTAH, purposes; to the Committee on Science and MEMORIALS Mr. FILNER, Mr. GRIJALVA, Mr. HARE, Technology. Mr. HASTINGS of Florida, Mr. HONDA, By Mrs. LOWEY: Under clause 4 of rule XXII, memo- Ms. KAPTUR, Mr. LANGEVIN, Ms. LEE H.R. 5910. A bill to amend the Homeland rials were presented and referred as fol- of California, Mr. LEWIS of Georgia, Security Act of 2002 to authorize the Sec- lows: Mr. LOEBSACK, Mr. MCDERMOTT, Mr. retary of Homeland Security to issue rules 355. The SPEAKER presented a memorial MICHAUD, Ms. PINGREE of Maine, Ms. that designate no-fly zones in the vicinity of of the House of Representatives of the State ROYBAL-ALLARD, Ms. SCHAKOWSKY, certain nuclear power plants, and for other of Michigan, relative to House Concurrent Mr. SIRES, Ms. SUTTON, Mr. THOMP- purposes; to the Committee on Transpor- Resolution No. 51 decrying the atrocities SON of California, Ms. WOOLSEY, and tation and Infrastructure. taking place in Darfur; to the Committee on Mr. WU): By Ms. MARKEY of Colorado: Foreign Affairs. H.R. 5902. A bill to amend the Fair Labor H.R. 5911. A bill to modify the boundary of 356. Also, a memorial of the Senate of the Standards Act with regard to certain exemp- Rocky Mountain National Park, and for Commonwealth of the Northern Mariana Is- tions under that Act for direct care workers other purposes; to the Committee on Natural lands, relative to Senate Resolution No. 17-20 and to improve the systems for the collec- Resources. requesting that the Congress grant the tion and reporting of data relating to the di- By Mr. ORTIZ: Northern Mariana Islands full voting rights rect care workforce, and for other purposes; H.R. 5912. A bill to designate the facility of in the U.S. House of Representatives on mat- to the Committee on Education and Labor, the United States Postal Service located at ters affecting the Northern Mariana Islands; and in addition to the Committee on Energy 313 East Main Street in Robstown, Texas, as to the Committee on the Judiciary. and Commerce, for a period to be subse- the ‘‘Lieutenant Juan G. Carrion Post Office 357. Also, a memorial of the House of Rep- quently determined by the Speaker, in each Building’’; to the Committee on Oversight resentatives of the State of New Hampshire, case for consideration of such provisions as and Government Reform. relative to House Concurrent Resolution 28 fall within the jurisdiction of the committee By Mr. PAULSEN (for himself and Mr. rescinding any and all requests by the New concerned. LANGEVIN): Hampshire legislature for a federal constitu- By Mr. CULBERSON: H.R. 5913. A bill to establish a pilot pro- tional convention; to the Committee on the H.R. 5903. A bill to restore State sov- gram for law enforcement agencies to use Judiciary. ereignty, and to dedicate excess grant funds anonymous texts from citizens to augment 358. Also, a memorial of the House of Rep- to deficit reduction; to the Committee on their anonymous tip hotlines; to the Com- resentatives of the State of New Hampshire, Oversight and Government Reform, and in mittee on the Judiciary. relative to House Joint Resolution 20 urging addition to the Committee on Appropria- By Mr. RANGEL: the Congress to maintain the crime victims H.R. 5914. A bill to repeal the requirements tions, for a period to be subsequently deter- fund; to the Committee on the Judiciary. under the United States Housing Act of 1937 mined by the Speaker, in each case for con- 359. Also, a memorial of the Senate of the for residents of public housing to engage in sideration of such provisions as fall within State of Michigan, relative to Senate Reso- community service and to complete eco- the jurisdiction of the committee concerned. lution No. 166 calling to task the Obama Ad- nomic self-sufficiency programs; to the Com- By Mr. BUTTERFIELD (for himself, ministration for its failed leadership on pre- mittee on Financial Services. Mr. ETHERIDGE, Mr. JONES, Mr. venting Asian Carp from invading the Great By Mr. ROONEY (for himself, Mr. MCHENRY, Mr. PRICE of North Caro- Lakes; to the Committee on Transportation PAUL, Ms. ROS-LEHTINEN, and Mr. lina, Ms. FOXX, Mr. KISSELL, Mr. MIL- and Infrastructure. LER of North Carolina, Mr. WATT, Mr. LINCOLN DIAZ-BALART of Florida): SHULER, Mr. COBLE, Mr. MCINTYRE, H.R. 5915. A bill to amend the Internal Rev- f and Mrs. MYRICK): enue Code of 1986 to create Catastrophe Sav- H.R. 5904. A bill to designate the facility of ings Accounts; to the Committee on Ways ADDITIONAL SPONSORS the United States Postal Service located at and Means. Under clause 7 of rule XII, sponsors 204 South Main Street in Seaboard, North By Mr. SALAZAR (for himself, Mr. were added to public bills and resolu- Carolina, as the ‘‘Louise Lassiter Post Of- SIMPSON, Mr. REHBERG, and Ms. MAR- tions as follows: fice’’; to the Committee on Oversight and KEY of Colorado): H.R. 39: Mr. TONKO, Mr. QUIGLEY, and Ms. Government Reform. H.R. 5916. A bill to establish a meth- WASSERMAN SCHULTZ. By Mr. CONNOLLY of Virginia: amphetamine prevention campaign grant H.R. 5905. A bill to amend the Internal Rev- program; to the Committee on Energy and H.R. 205: Mr. SHUSTER. enue Code of 1986 to deny a deduction for re- Commerce. H.R. 333: Mr. SPACE. moval costs and damages for which tax- By Mr. FRANKS of Arizona: H.R. 413: Mr. STARK and Mr. ORTIZ. payers are liable under the Oil Pollution Act H. Con. Res. 306. Concurrent resolution au- H.R. 442: Mr. KINGSTON. of 1990; to the Committee on Ways and thorizing the use of the rotunda of the Cap- H.R. 571: Ms. ESHOO. Means. itol for the photo exhibition ‘‘Being Un- H.R. 745: Mr. DEUTCH. By Mr. GOHMERT (for himself, Mr. touchable’’ and a ceremony in honor of the H.R. 775: Mr. ENGEL. PENCE, Mrs. LUMMIS, Mr. CONAWAY, exhibition; to the Committee on House Ad- H.R. 1021: Mr. HODES. Mr. COFFMAN of Colorado, Mr. ministration. H.R. 1124: Mr. SIRES, Ms. RICHARDSON, and FRANKS of Arizona, Mr. POSEY, Mr. By Mr. HALL of Texas (for himself and Ms. WATERS. BARTLETT, and Mr. SHADEGG): Mr. COFFMAN of Colorado): H.R. 1230: Mr. HOLDEN. H.R. 5906. A bill to prohibit the expenditure H. Res. 1565. A resolution expressing sup- H.R. 1324: Mr. GARAMENDI. of funds for the construction or lease of port for the designation of the third Thurs- H.R. 1337: Mr. PALLONE. buildings or space in the District of Colum- day of April as ‘‘Rachel’s Challenge: A Day H.R. 1347: Mr. LOEBSACK. bia for the United States Government until of Kindness and Compassion’’ in honor of the H.R. 1507: Ms. NORTON and Mr. PALLONE. January 1, 2012; to the Committee on Trans- triumph and hope stemming from the life of H.R. 1547: Mr. LINCOLN DIAZ-BALART of portation and Infrastructure. Rachel Scott and in memoriam of the Col- Florida. By Ms. HARMAN (for herself and Mr. umbine High School tragedy; to the Com- H.R. 1549: Mr. OBEY and Mr. MCDERMOTT. SHIMKUS): mittee on Education and Labor. H.R. 1712: Mr. CARTER. H.R. 5907. A bill to require the National By Mr. LEWIS of Georgia (for himself H.R. 1765: Mr. HILL. Telecommunications and Information Ad- and Mr. COHEN): H.R. 1806: Mr. THOMPSON of California and ministration to conduct a competition to H. Res. 1566. A resolution recognizing the Mr. CRITZ. award grants for the development of nonsta- 50th anniversary of the Student Nonviolent H.R. 1895: Ms. SPEIER. tionary radio over Internet protocol devices Coordinating Committee (SNCC) and the pio- H.R. 1929: Mr. JONES. that support mission-critical broadband neering of college students whose determina- H.R. 1990: Mr. HINCHEY. voice and data communications of public tion and nonviolent resistance led to the de- H.R. 2000: Mr. LAMBORN, Mr. BUTTERFIELD, safety personnel, and for other purposes; to segregation of lunch counters and places of Mr. DOYLE, Ms. MARKEY of Colorado, Mr. the Committee on Energy and Commerce. public accommodation over a 5-year period; SCHIFF, Mr. THOMPSON of Mississippi, Ms. By Mr. KINGSTON: to the Committee on the Judiciary. VELA´ ZQUEZ, Mr. WEINER, Mr. HOYER, and Mr. H.R. 5908. A bill to authorize the Secretary By Mr. HONDA (for himself, Mr. FIL- MCINTYRE. of the Interior to conduct a special resource NER, Mr. FALEOMAVAEGA, Ms. KIL- H.R. 2016: Mr. DEUTCH. study of Point Peter in St. Marys, Georgia, PATRICK of Michigan, Mr. COHEN, Mr. H.R. 2112: Mr. EHLERS. and for other purposes; to the Committee on ISRAEL, and Mr. TEAGUE): H.R. 2267: Mr. CAMPBELL. Natural Resources. H. Res. 1567. A resolution welcoming and H.R. 2296: Mr. LOBIONDO. By Mrs. LOWEY: commending the Government of Japan for H.R. 2378: Mr. GEORGE MILLER of Cali- H.R. 5909. A bill to amend the Federal Fire extending an official apology to all United fornia. Prevention and Control Act of 1974 to au- States former prisoners of war from the Pa- H.R. 2598: Mr. MEEKS of New York. thorize the Administrator of the United cific War and moving forward in planning to H.R. 2648: Mr. WU. States Fire Administration to provide assist- invite surviving members to Japan; to the H.R. 2811: Ms. CASTOR of Florida. ance to firefighting task forces, and for other Committee on Foreign Affairs. H.R. 3186: Mr. TONKO.

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H.R. 3199: Mr. MCNERNEY. H.R. 5539: Mr. SMITH of Nebraska. H. Res. 1518: Ms. LINDA T. SA´ NCHEZ of Cali- H.R. 3408: Mr. CRITZ. H.R. 5554: Mrs. CAPITO. fornia. H.R. 3412: Mr. TIBERI. H.R. 5575: Mr. ELLISON. H. Res. 1519: Mr. BAIRD. H.R. 3710: Mr. HONDA, Ms. MATSUI, Mr. H.R. 5597: Mr. RUPPERSBERGER, Mr. KIND, H. Res. 1522: Mr. GRIFFITH, Mr. TERRY, Mr. HALL of New York, and Mr. DEUTCH. Ms. TITUS, Mr. DEUTCH, Mr. PAUL, Ms. DONNELLY of Indiana, Mr. CARNAHAN, Mrs. H.R. 3716: Mr. HILL, Mr. SPACE, and Mr. FUDGE, and Mr. THOMPSON of Mississippi. MCCARTHY of New York, Mr. MCDERMOTT, BRALEY of Iowa. H.R. 5599: Mr. ISRAEL, and Mr. BOUSTANY. Mr. MOORE of Kansas, Mr. SCHOCK, Ms. H.R. 5612: Mr. WU. H.R. 3742: Mr. LYNCH and Mr. DELAHUNT. KOSMAS, Mr. CONNOLLY of Virginia, Ms. LEE H.R. 5631: Mr. DEUTCH. H.R. 3786: Ms. SHEA-PORTER and Mr. STU- of California, Mr. LATOURETTE, Ms. KIL- H.R. 5637: Ms. SHEA-PORTER. PAK. PATRICK of Michigan, Mr. COBLE, Mr. YOUNG H.R. 5643: Mr. FILNER, and Mr. SCHRADER. H.R. 3787: Mr. MILLER of Florida. H.R. 5663: Ms. BERKLEY, Mr. LARSEN of of Florida, Ms. SHEA-PORTER, Ms. BORDALLO, H.R. 3839: Mr. RUPPERSBERGER. Washington, Ms. MCCOLLUM, and Mr. JACK- Mr. BLUNT, Mr. VAN HOLLEN, and Mr. TONKO. H.R. 4116: Mr. LOEBSACK and Mr. HEINRICH. SON of Illinois. H. Res. 1524: Mr. REYES, Ms. LINDA T. H.R. 4149: Mr. DEUTCH. H.R. 5677: Mr. PUTNAM. SA´ NCHEZ of California, Mr. SABLAN, Mr. H.R. 4223: Ms. FUDGE. H.R. 5688: Mr. GUTIERREZ. SERRANO, Mr. GONZALEZ, Mr. ORTIZ, Mrs. H.R. 4278: Mr. CANTOR. H.R. 5729: Mr. LAMBORN and Mr. DAVIS of California, Ms. JACKSON LEE of H.R. 4306: Mr. GARY G. MILLER of Cali- RUPPERSBERGER. Texas, Mr. STARK, Ms. SUTTON, Mr. POLIS, fornia and Mr. DUNCAN. H.R. 5769: Mr. BRIGHT and Mr. MCINTYRE. Ms. RICHARDSON, Mr. RANGEL, Ms. MOORE of H.R. 4383: Mr. HEINRICH. H.R. 5778: Mr. SCHOCK, Mr. BLUNT, Mr. Wisconsin, Ms. HIRONO, Mr. JOHNSON of Geor- H.R. 4420: Ms. TSONGAS. HILL, and Mr. SULLIVAN. gia, Ms. HARMAN, Ms. MATSUI, Ms. WOOLSEY, H.R. 4509: Mr. PRICE of North Carolina. H.R. 5806: Mr. GRIJALVA and Mr. BACA. Mr. LEWIS of Georgia, Mr. HONDA, Mrs. H.R. 4530: Mr. LYNCH and Ms. SCHWARTZ. H.R. 5817: Ms. DELAURO. CAPPS, Mr. FILNER, Ms. ZOE LOFGREN of Cali- H.R. 4554: Mr. CLAY and Mr. DAVIS of Illi- H.R. 5842: Mr. PITTS, Mr. PENCE, Mr. fornia, and Mrs. NAPOLITANO. nois. LATTA, Mr. BARTLETT, Mr. PRICE of Georgia, H. Res. 1527: Mr. DENT, Mr. BACA, and Mr. H.R. 4689: Ms. HERSETH SANDLIN and Mr. Mr. BROWN of South Carolina, Mr. GINGREY PASTOR of Arizona. KLEIN of Florida. of Georgia, Mr. LAMBORN, Mr. ROONEY, Mr. H. Res. 1532: Mr. SHULER and Mr. MORAN of H.R. 4693: Mr. REYES and Mr. BRALEY of FRANKS of Arizona, Mr. OLSON, and Mr. Kansas. Iowa. NEUGEBAUER. H. Res. 1534: Mrs. MYRICK, Ms. GINNY H.R. 5853: Mr. ROE of Tennessee, Mrs. H.R. 4698: Mr. LOBIONDO. BROWN-WAITE of Florida, Mr. BARTLETT, Mr. BLACKBURN, Mr. ROGERS of Alabama, Mr. H.R. 4756: Mr. THOMPSON of Mississippi, Mr. BROWN of South Carolina, and Mr. FRANKS of SCOTT of Georgia, Mr. CARSON of Indiana, Mr. BROUN of Georgia, Mr. AKIN, Mr. GRIFFITH, Arizona. LLISON ATTAH ATT LAY Mr. POSEY, and Mr. GARY G. MILLER of Cali- E , Mr. F , Mr. W , Mr. C , H. Res. 1546: Mr. MCNERNEY and Mr. HOLT. Mr. DAVIS of Illinois, Mr. RUSH, and Ms. fornia. MOORE of Wisconsin. H.R. 5860: Mr. NEUGEBAUER. H.R. 4785: Mr. SCHOCK. H.R. 5874: Mr. MORAN of Virginia and Mr. f H.R. 4788: Mrs. LOWEY, Mr. RYAN of Ohio, CONYERS. and Mr. MILLER of North Carolina. H.R. 5875: Mr. EDWARDS of Texas and Mr. CONGRESSIONAL EARMARKS, LIM- H.R. 4923: Ms. ZOE LOFGREN of California. HINOJOSA. H.R. 5876: Mrs. MCCARTHY of New York. ITED TAX BENEFITS, OR LIM- H.R. 4951: Mr. WITTMAN. ITED TARIFF BENEFITS H.R. 4959: Mrs. CAPPS, Mr. LOBIONDO, and H.R. 5877: Mr. OLVER, Mr. NEAL of Massa- Mr. PLATTS. chusetts, Mr. MCGOVERN, Mr. FRANK of Mas- Under clause 9 of rule XXI, lists or H.R. 4960: Mr. BLUNT. sachusetts, Ms. TSONGAS, Mr. TIERNEY, Mr. statements on congressional earmarks, MARKEY of Massachusetts, Mr. LYNCH, and H.R. 4986: Mr. ROHRABACHER, Mr. WAMP, limited tax benefits, or limited tariff Mr. DELAHUNT. and Mr. CAO. benefits were submitted as follows: H.R. 4993: Mr. BOUCHER and Mr. DELAHUNT. H.R. 5882: Mr. JORDAN of Ohio, Mr. BART- H.R. 5001: Mr. MURPHY of New York and LETT, Mr. LATTA, Mr. PITTS, Mr. GOHMERT, The amendment to be offered by Rep- Mr. GRIJALVA. Mr. HALL of Texas, Mr. LAMBORN, Mr. GAR- resentative GEORGE MILLER of California, or H.R. 5008: Mrs. DAHLKEMPER. RETT of New Jersey, Mr. BROWN of South a designee, to H.R. 5851, the Offshore Oil and H.R. 5034: Mr. SESSIONS. Carolina, Mr. ISSA, and Mr. BRADY of Texas. Gas Worker Whistleblower Protection Act of H.R. 5037: Mr. HODES. H. J. Res. 42: Mr. GRAVES of Georgia. 2010, does not contain any congressional ear- ENE REEN H.R. 5040: Mr. HOLT. H. J. Res. 94: Mr. G G of Texas, Mr. marks, limited tax benefits, or limited tariff H.R. 5041: Mr. DEUTCH. SABLAN, Mr. DELAHUNT, Mr. WITTMAN, Mr. benefits as defined in clause 9 of rule XXI. ROSS, Mr. SCOTT of Georgia, Mr. MEEKS of H.R. 5044: Mr. CONNOLLY of Virginia and OFFERED BY MR. SPRATT Ms. MCCOLLUM. New York, and Mr. SIRES. H. Con. Res. 274: Mr. BOUCHER and Mr. The provisions that warranted a referral to H.R. 5081: Mr. MCNERNEY and Mr. THORN- WALDEN. the Committee on the Budget, in H.R. 5893, BERRY. H. Con. Res. 291: Mr. SNYDER. the Investing in American Jobs and Closing H.R. 5107: Mr. ORTIZ and Mr. STARK. H. Con. Res. 298: Mr. STARK. Tax Loopholes Act of 2010, do not contain H.R. 5111: Mr. BARTON of Texas and Mr. H. Res. 111: Mr. TURNER, Mr. RYAN of Wis- any congressional earmarks, limited tax AUSTRIA. consin, and Mr. STUPAK. benefits, or limited tariff benefits as defined H.R. 5137: Mr. WOLF, Mr. BILIRAKIS, and Mr. H. Res. 771: Mr. KLEIN of Florida. in clause 9 of rule XXI. DEUTCH. H. Res. 1191: Mr. TIBERI. OFFERED BY MR. LEVIN H.R. 5156: Mr. KLEIN of Florida and Mr. H. Res. 1217: Mr. MCMAHON. DEUTCH. H. Res. 1226: Mr. MILLER of Florida. The provisions that warranted a referral to H.R. 5240: Ms. CHU and Mr. CLAY. H. Res. 1319: Mr. COURTNEY. the Committee on Ways and Means, in H.R. H.R. 5244: Mr. PRICE of North Carolina. H. Res. 1326: Mr. WILSON of South Carolina. 5893, the Investing in American Jobs and H.R. 5291: Mrs. DAHLKEMPER. H. Res. 1445: Ms. SHEA-PORTER. Closing Tax Loopholes Act of 2010, do not H.R. 5363: Mrs. DAHLKEMPER. H. Res. 1449: Mr. GARRETT of New Jersey, contain any congressional earmarks, limited H.R. 5374: Mr. ALEXANDER. Mr. LAMBORN, Mr. BILBRAY, Mr. GOHMERT, tax benefits, or limited tariff benefits as de- H.R. 5380: Mr. SABLAN. Mr. HALL of Texas, Mr. FRANKS of Arizona, fined in clause 9 of rule XXI. H.R. 5434: Mr. ELLISON, Mr. GRIFFITH, Ms. Mr. KLINE of Minnesota, Mr. SHADEGG, Mr. CASTOR of Florida, Mrs. HALVORSON, Mr. PITTS, Mr. HENSARLING, Mr. LATTA, Mr. f SARBANES, Ms. SUTTON, Mr. PETERS, and Ms. BRADY of Texas, Mr. BARTLETT, Mr. ISSA, MCCOLLUM. Mrs. BACHMANN, Mr. SCHOCK, and Mr. H.R. 5454: Mr. BOSWELL, and Mr. HEINRICH. WHITFIELD. DELETIONS OF SPONSORS FROM H.R. 5456: Mr. RYAN of Ohio. H. Res. 1476: Mr. HODES, Ms. PINGREE of PUBLIC BILLS AND RESOLUTIONS H.R. 5504: Ms. SLAUGHTER, Mr. ELLISON, Maine, Ms. MOORE of Wisconsin, Mr. LARSEN Under clause 7 of rule XII, sponsors and Mr. HEINRICH. of Washington, and Mr. SHERMAN. H.R. 5527: Mr. BRALEY of Iowa. H. Res. 1485: Mr. MCCAUL, Mr. LAMBORN, were deleted from public bills and reso- H.R. 5533: Mr. ALEXANDER, and Mr. Mr. HEINRICH, Mr. DAVIS of Illinois, Mr. SNY- lutions as follows: MICHAUD. DER, Mr. PITTS, and Mr. LOEBSACK. H. Res. 1548: Mr. SABLAN.

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Vol. 156 WASHINGTON, WEDNESDAY, JULY 28, 2010 No. 112 Senate The Senate met at 9:30 a.m. and was from the State of New Mexico, to perform A bill (S. 3657) to establish as a standing called to order by the Honorable TOM the duties of the Chair. order of the Senate that a Senator publicly UDALL, a Senator from the State of DANIEL K. INOUYE, disclose a notice of intent to objecting to New Mexico. President pro tempore. any measure or matter. Mr. UDALL of New Mexico thereupon Mr. REID. I object to any further PRAYER assumed the chair as Acting President proceedings on this bill. The Chaplain, Dr. Barry C. Black, of- pro tempore. The ACTING PRESIDENT pro tem- fered the following prayer: f pore. Objection is heard. The bill will Let us pray. be placed on the calendar. RECOGNITION OF THE MAJORITY Mr. REID. Would the Chair announce Our Father, creator and sustainer of LEADER our lives, thank You for the gift of morning business. freedom. Lord, we are grateful for the The ACTING PRESIDENT pro tem- f pore. The majority leader is recog- religious, political, and social freedoms MORNING BUSINESS that bless our lives. Remind our law- nized. makers to think seriously about the f The ACTING PRESIDENT pro tempore. Under the previous order, there blessings of liberty as they help people SCHEDULE to reflect soberly about the cost of pro- will now be a period of morning busi- tecting our democratic way of life. Mr. REID. Mr. President, following ness for 1 hour, with Senators per- Raise up on Capitol Hill people who leader remarks, there will be a period mitted to speak for up to 10 minutes are true to You and who will follow of morning business for 1 hour, with each and with the time equally divided wherever You lead. As they accept Senators permitted to speak for up to and controlled between the two leaders Your guidance, lift their burdens and 10 minutes each. The Republicans will or their designees, with the Repub- keep them from being bogged down by control the first 30 minutes and the licans controlling the first 30 minutes trying to carry their problems without majority will control the final 30 min- and the majority controlling the final Your strength. utes. 30 minutes. We pray in Your great Name. Amen. Following morning business, we will f resume consideration of the small busi- f ness jobs bill. I will continue to work RESERVATION OF LEADER TIME PLEDGE OF ALLEGIANCE with the Republican leader today on an The ACTING PRESIDENT pro tem- agreement to consider amendments to pore. Under the previous order, the The Honorable TOM UDALL led the the bill. If we are able to reach an leadership time is reserved. Pledge of Allegiance as follows: agreement, we will have votes on The Senator from Nebraska is recog- I pledge allegiance to the Flag of the amendments today. nized. United States of America, and to the Repub- Last night, I filed cloture on the sub- lic for which it stands, one nation under God, f indivisible, with liberty and justice for all. stitute and the underlying bill, two cloture motions. As a result, the filing PAPERWORK MANDATE f deadline for germane first-degree ELIMINATION ACT AMENDMENT APPOINTMENT OF ACTING amendments is at 1 p.m. today. Mr. JOHANNS. Mr. President, I rise PRESIDENT PRO TEMPORE Senators will be notified when an to talk about small businesses. I think agreement is reached and votes are we all know and recognize—certainly The PRESIDING OFFICER. The scheduled. they do—that small businesses and clerk will please read a communication f businesses in general face a mountain to the Senate from the President pro of paperwork to comply with a whole tempore (Mr. INOUYE). MEASURE PLACED ON THE host of regulations, most notably our The assistant legislative clerk read CALENDAR—S. 3657 very complex tax laws. Instead of try- the following letter: Mr. REID. Mr. President, S. 3657 is at ing to aid that, now Washington is in- U.S. SENATE, the desk and due for a second reading. creasing that paperwork mountain PRESIDENT PRO TEMPORE, The ACTING PRESIDENT pro tem- through a new 1099 mandate found in, Washington, DC, July 28, 2010. To the Senate: pore. The clerk will report the bill by of all places, the new health care bill. Under the provisions of rule I, paragraph 3, title for a second time. This mandate has absolutely nothing— of the Standing Rules of the Senate, I hereby The assistant legislative clerk read absolutely nothing—to do with improv- appoint the Honorable TOM UDALL, a Senator as follows: ing health care of this country, and it

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

S6345

VerDate Mar 15 2010 23:50 Jul 28, 2010 Jkt 089060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JY6.000 S28JYPT1 tjames on DSKG8SOYB1PROD with SENATE S6346 CONGRESSIONAL RECORD — SENATE July 28, 2010 should not be a part of that law or any cially the poorest among us, from this DEFLECTING ATTENTION other law, for that matter. Thus, I am absolutely ill-advised mandate is a Mr. MCCONNELL. The small business offering an amendment to repeal this good thing. These folks may be living bill we are now considering has an in- mandate. paycheck to paycheck and requiring teresting history, and given the Presi- The amendment says no to piles of one more thing to come out of that dent’s recent statements on the bill, it unnecessary paperwork which the IRS paycheck instead of making the mort- is worth recounting that history. itself admits is going to be virtually gage payment or buying the groceries Remember, we got on this bill in useless. Any taxpayer with business in- is not right. Thus, allowing more peo- June. But then Democrats took us off come will be required to issue 1099 ple to decide for themselves whether of it to move to financial regulation. forms to all vendors from whom they they buy health insurance when they Then last week, they took us off of it buy more than $600 of goods or services look at all their other obligations is a again to move to the DISCLOSE Act. in any year. So now the most routine positive. So if the President wants to criticize business expenses will be subject to Let’s be clear. My amendment does somebody about slowing this bill down, this new burdensome paper trail. not restrict these individuals from buy- he simply has the wrong party. He Let me give my colleagues some ex- ing health insurance or signing up for needs to direct his criticism at Demo- amples. A laundromat that buys soap government subsidies. My amendment crats, not Republicans. each week would now have to issue a simply says, if they don’t want to, they The fact is Democrats had other pri- 1099 to their supplier and the IRS at don’t have to. orities. They thought it was more im- the end of the year. A landscaper who Second, the new health care law es- portant to impose job-killing regula- buys lawn fertilizer a couple of times a tablishes a $15 billion, what I would re- tions on the financial industry and give month will now be forced to issue 1099s gard as a slush fund for a long list of even more authority to the kinds of to the companies they do business potential uses by the Obama adminis- regulators who missed the last finan- with, and no one is excluded. The law tration, including the Community cial crisis. applies equally to businesses and Transformation Grants Program. I gen- They also thought it was more im- churches and charities and even State erally support wellness programs. I be- portant to shut up their critics ahead and local governments. lieve in wellness. Who doesn’t believe of the fall elections by pushing a bill A recent cnnmoney.com article sug- in wellness? However, concern has been that amounted to an all-out assault on gests that the cost of the new paper raised that this fund will be used for a free speech. trail could literally swamp small com- number of purchases that aren’t spe- These are the things Democrats have panies. One small business organiza- cifically related to healthy outcomes. been doing instead of the small busi- tion conducted a survey and found that Thus, my amendment proposes that ness bill. Yet the President continues their members currently average about this fund not be allocated resources to claim that somehow Republicans are 10 1099 filings per year. The new rules until 2018 to help offset removing this the problem. Well, it is obvious what would push that average to more than 1099 provision. It decreases the amount they are doing: They want to deflect 200 filings—200 filings—per year, an al- in this $15 billion fund; it doesn’t elimi- attention away from the fact that tril- most 2,000-percent increase. Of course, nate it, but it does give us time to get lions of dollars in government spending their costs for that would skyrocket. it right. Besides, this delay gives us and debt has failed. According to the National Federation more time to ensure that only worthy Spending, debt, regulations, more of Independent Business: projects utilize taxpayer money. These government—none of it has worked. outlined pay-fors will cover any gov- Now they want to raise taxes on the At $74 per hour, tax paperwork is the most expensive paperwork burden placed on small ernment revenue that might be lost by very small businesses that are trying businesses by the Federal Government. this ill-advised 1099 provision. With so desperately to create jobs. It is time to change course and to do Small businesses have been hit so record deficits, we must be accountable something that will create lasting pri- hard by this recession, they just simply for tax dollars, so this amendment is vate sector jobs and get us moving in cannot afford this new burden. We need fully offset. Small businesses generate 64 percent the right direction. to give them a break. They are implor- of our job growth in this country. We Democrats can try to deflect atten- ing us to do something to help them. need them. We need them to move us tion away from their failed policies all According to the National Taxpayer toward economic recovery. Let’s send a they want, but the consequences of Advocate, which is part of the IRS, this message that we want them to focus their actions are obvious to the Amer- provision will affect—get this—40 mil- their time and money on hiring work- ican people. lion businesses in the United States, ers, on expanding our economy, not It is time to put aside the liberal including 26 million of our very small- filling out unnecessary paperwork that wish list and allow America’s small est businesses, our sole proprietorships. even the IRS acknowledges is so over- business men and women to do some- Americans are desperately searching thing that has a chance of reviving this for jobs. They want to work. These whelming it will not be utilized. My hope is, we will get a vote on this economy. Spending, debt, and tax hikes businesses should be focused on grow- amendment later today, and I ask my are the last things we need. ing, not be wasting their resources on colleagues to stand for small busi- Republicans have offered a number of unnecessary paperwork that the gov- nesses, to stand by them, and to send ideas to improve the small business bill ernment won’t even utilize. the message to them that we want and, until now, those amendments have The amendment I introduced is clear. been obstructed by the other side and, It simply repeals the section of the law them creating jobs. I ask my colleagues to support this very common- along with them, the bill itself. requiring the extra paperwork. I might I am encouraged to see that the ma- add, it is paid for. It identifies two sense amendment. I yield the floor and I note the ab- jority has changed its mind and now areas within the health care law to sence of a quorum. seems committed to staying on this fully offset the repeal of this mandate. The ACTING PRESIDENT pro tem- bill, allowing votes on Republican bet- First, by lowering the affordability ex- pore. The clerk will call the roll. ter ideas, and working with us on emption from the new individual man- The assistant legislative clerk pro- something other than raising taxes, date from 8 percent to 5 percent, fewer ceeded to call the roll. growing the debt, or burying job cre- individuals will be subject to the indi- Mr. MCCONNELL. Mr. President, I ators in a sea of new regulation. vidual mandate. ask unanimous consent that the order ENERGY The new health care individual man- for the quorum call be rescinded. Mr. President, it is perfectly obvious date infringes on individual freedoms The ACTING PRESIDENT pro tem- that Democrats are doing their best to of Americans and, in my view, it has pore. Without objection, it is so or- keep us from passing a serious energy constitutional problems. People who dered. bill before the August recess. did not want to buy government-ap- Mr. MCCONNELL. Mr. President, I Later today, we expect the majority proved insurance in the first place are am going to proceed in my leader time. leader to offer the Democratic alter- compelled to buy it under the new law. The ACTING PRESIDENT pro tem- native to the oilspill response that the Thus, exempting more people, espe- pore. The leader has that right. Republicans proposed last week.

VerDate Mar 15 2010 23:50 Jul 28, 2010 Jkt 089060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JY6.001 S28JYPT1 tjames on DSKG8SOYB1PROD with SENATE July 28, 2010 CONGRESSIONAL RECORD — SENATE S6347 This is not a serious exercise. All in- sank to the ocean floor. That inci- Committee. A draft came out last dications are that they don’t intend to dent—and the millions of barrels of oil night around 10 o’clock. I am told it have a real debate about one of the that have spilled into the Gulf of Mex- will be officially introduced sometime most important issues we face. Any- ico since it began—has made it abso- this morning. body who has been here for any period lutely clear that our Nation’s offshore Again, this is such a disappointment. of time knows that energy bills take at energy regulations need to be re- Instead of an open and transparent least a couple of weeks. So it doesn’t formed. Even in a Congress as deeply process as we did through our com- appear there is either the time or the and bitterly divided as this one, the mittee, what should and what could willingness on the other side to debate fact that we are living through a ter- have been a bipartisan bill was hashed this critical issue. rible environmental disaster, caused at out in secret, written behind closed We would have liked to have had a least in part by certain failures of the doors with very few Members of the debate on ideas we have already of- government, should be more than Senate, least of all Members from the fered. Our energy bill would give the enough for us to work in good faith and Gulf States, allowed to provide any President the ability to raise the li- reach consensus on a path forward. level of input. ability caps on economic damages done For the past 3 months, that is ex- Since its 409 pages of text were re- by companies such as BP, without driv- actly what the members of the Energy leased late last night, we have not had ing small independent oil producers out Committee have sought to develop. We time to thoroughly review it, to de- of business. have been working toward a respon- velop amendments, negotiate improve- It would lift the administration’s job- sible path that is acceptable to all—or ments, or even decide if it is worth sup- killing moratorium on offshore drilling at least most—of the Members of the porting yet. We have instead been told as soon as new safety standards are Senate. We started by holding four the majority leader is unlikely to met—a moratorium that one senior major hearings on the gulf spill. This allow amendments to be considered— Gulf State Democrat says could cost allowed us to build a record within the unlikely to allow any amendments to more jobs than the oilspill itself. How committee on everything from blowout this just-cobbled-together bill. can you have a serious energy debate preventers to certificates of financial I can only imagine it is because there without addressing a problem that a responsibility. Our committee worked are provisions that are contained in leading Gulf State Democrat said is very hard on this. We spent countless this bill to which he does not want to costing more jobs than the oilspill hours working on legislation to repair draw attention, much less talk about itself? the failed offshore regulatory system. and vote on. The phrase, ‘‘rush to judg- Our bill has a true bipartisan com- We concluded our efforts last month, ment,’’ is used a lot around here. I mission—with subpoena power—to in- after all these series of hearings, and challenge my colleagues to find a more vestigate the oilspill, rather than the we unanimously passed legislation, S. flagrant example of that than what we President’s antidrilling commission. 3516, the OCS Reform Act, out of com- have in front of us with this bill. Importantly, it also takes good ideas mittee unanimously. Around here now- We talk around here about why from Democrats, including Senator adays, sometimes it is tough to get not Congress’s approval ratings are as low BINGAMAN’s idea for much needed re- only that real good committee work as they are. We are at about 11 percent form at MMS. Surely, we can all agree product but then to see that move right now. It is bills such as this—when that this administration’s oversight at through committee unanimously. It is people look at this and say, How did MMS is in need of major reform. not easy, and it is certainly not a per- this come about, what happened to the Our bill includes revenue sharing for fect bill, but it was a fair and open committee bill—that makes cynics out coastal States that allow offshore drill- process. I would like to think that our of all of us, especially when we know ing to help them prepare for and deal hard work within the committee and there is a very serious problem that de- with disasters such as the one we have the negotiating that went on, and our mands a quick and robust policy re- right now in the gulf. very open markup and amendment sponse. We have our own ideas, we have some process—what we did was the best of Instead of working together to fix of their ideas, and our bill doesn’t kill the Senate. It was an open and fair and the problems, the majority leader’s bill jobs; it doesn’t put a moratorium on a deliberative process. You would think would undoubtedly create more prob- production. that would go somewhere. But once lems. The Senate’s process and our tra- We are not interested in yet another that bill left committee, it became ditions have just been left in the ditch. debate about a Democratic bill in clear that some people cannot take yes Decisions have been made almost ex- which the prerequisite is killing more for an answer, and that good com- clusively in secret behind closed doors. jobs. mittee product was not going to be ad- Republicans were shut out of the room. Our bill would address this crisis at vanced. But, of course, we are going to be hand. Their bill would use the crisis to About the time we were marking up blamed for holding up the bill. stifle business and kill jobs in a region the MMS bill, we witnessed a deeply One has to ask the question, Does that is in desperate need of jobs. misguided effort to tie oilspill legisla- anyone honestly believe that we in the It was my hope we could have a real tion to cap and trade. I think this was Senate can pass something by Friday debate about energy. Clearly, the ma- an attempt to literally convert one dis- or perhaps early next week that we did jority—at least so far—isn’t interested aster into another. We were told that not even see the light of day on until in that debate. cap and trade was somehow or other this morning? Mr. President, I suggest the absence going to end our dependence on oil and I suggest that from every procedural of a quorum. hold polluters accountable and prevent vantage point, it seems as if the major- The ACTING PRESIDENT pro tem- future spills. Then an analysis of cap ity’s goal has been to drive a stake into pore. The clerk will call the roll. and trade from the EPA itself showed the heart of anything that can attract The assistant legislative clerk pro- that cap and trade would have almost Republican support. The staging of this ceeded to call the roll. no effect on our Nation’s oil consump- bill has been choreographed to ensure Ms. MURKOWSKI. Mr. President, I tion—not now and not over the course partisan opposition so the majority can ask unanimous consent that the order of the next 40 years. After nearly 19 blame us for the problems they are for the quorum call be rescinded. months of vote counting, I think the making even worse, such as the job The PRESIDING OFFICER (Mr. majority was forced to admit the obvi- losses from the moratorium, the in- BEGICH). Without objection, it is so orous: There are not 50 votes, let alone crease in reliance on foreign oil— dered. 60, for cap and trade in the Senate. which, of course, we know is coming— f What we now have before us is this the injustice of Federal OCS revenues coming together, or slapping together, never reaching coastal States such as ENERGY REGULATIONS of the Clean Energy Jobs and Oil Com- in Alaska and the gulf where they de- Ms. MURKOWSKI. Mr. President, it pany Accountability Act—the bill that rive in the first place. has now been 99 days since the Deep- members of the press and the lobbyists The Democratic caucus can try to water Horizon drill rig caught fire and received before my staff on the Energy pass this bill as introduced without

VerDate Mar 15 2010 23:50 Jul 28, 2010 Jkt 089060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JY6.003 S28JYPT1 tjames on DSKG8SOYB1PROD with SENATE S6348 CONGRESSIONAL RECORD — SENATE July 28, 2010 amendment and with almost no debate, from the development of the bill and extensively about reliance upon Con- but I suggest this will be nothing more its actual content, that it is time we gress for factfinding under the obvious than a Pyrrhic victory. Like the stim- give up on policy for the year and focus proposition that Congress has the abil- ulus, like health care, like financial re- instead on just messaging. ity to hear witnesses and make factual forms, it will give folks something to We need to look at the terrible toll determinations. Chief Justice Roberts talk about, but it will only worsen the we all know is taking place as a result was explicit in his testimony that problems it is meant to deal with. of the Deepwater Horizon spill, the ob- when the Court takes over the fact- Unfortunately, it will come at the ex- vious failure of our offshore regulatory finding function, that it is legislation pense of a far better bill, a bill that system, and of the growing economic which is coming from the Court deci- was introduced last week by the Re- consequences of the administration’s sions. publican leadership team. Let me talk offshore moratorium. Similarly, those two Justices were a couple minutes about the bill that It is absolutely crystal clear there is emphatic on their view of stare decisis, has been introduced. action that needs to be taken. There is and there was a 180-degree about-face It starts at the root of the problem— policy that needs to be put in place to in Citizens United on precedent which the already apparent shortcomings respond to the oilspill, the environ- lasted for 100 years, and now corpora- with offshore regulations and at the mental devastation, the economic dev- tions may engage in political adver- Minerals Management Service, MMS. astation, and the regulatory confusion tising. So the issue is one of trying to It includes the OCS Reform Act that that was in place. It is not time for the deal with some level of accountability. we moved through our committee, re- politics or partisan activities. It is not The principle of judicial independ- ported unanimously by all 23 members time to roll the dice with our Nation’s ence is the bulwark of our Republic. It of the Senate Energy Committee. Per- energy policy. For the continued vital- is the rule of law which distinguishes mitting and best available commercial ity of an entire region in the United the United States from most of the technology requirements are strength- States, it is imperative that we move other countries of the world. The inde- ened to enhance the safety and the in- beyond the message and we provide the pendence of the judiciary is assured by tegrity of offshore operations. We also policy and the legislative response that the fact they serve for life or good be- codify a complete reorganization of is so necessary and so needed. havior. The suggestion that the Court MMS. We remove the President’s off- Mr. President, I yield the floor and be televised is in no way an infringe- shore moratorium once new safety re- suggest the absence of a quorum. ment upon judicial independence. quirements have been met. We estab- The PRESIDING OFFICER. The We are not suggesting how the Jus- lish strict liability limits for each clerk will call the roll. tices should decide cases, we are saying project based on a range of risk factors. The assistant legislative clerk pro- to the Justices that the public ought to There is a series of 13 different risk fac- ceeded to call the roll. know what is going on. Recent public tors that would be relevant. We include Mr. SPECTER. Mr. President, I ask opinion polls show that 63 percent of a bipartisan commission to investigate unanimous consent that the order for the American people favor televising what went wrong with Deepwater Hori- the quorum call be rescinded. the Supreme Court. When the other 37 zon. And, finally, we right a long- The PRESIDING OFFICER. Without percent was informed that the Supreme standing wrong by returning a large objection, it is so ordered. Court Chamber only holds a couple share of production revenues to the f hundred people and that when someone coastal States. arrives there they can only stay for 3 TELEVISING SUPREME COURT It has been suggested in one of the minutes, that number in favor of tele- PROCEEDINGS Hill publications this morning—a vising the Court rose to 85 percent. Democratic staffer is quoted as saying Mr. SPECTER. Mr. President, I have The highest tribunal in Great Britain this Republican package was hastily sought recognition to address the sub- is televised. The highest tribunal in thrown together. I remind that Demo- ject of televising the Supreme Court of Canada is televised. Many State su- cratic staffer or others who are looking the United States. Legislation is pend- preme courts are televised. The press— at this that almost all of what is con- ing on the Senate docket which was the print media have an absolute right tained in this Republican package was voted out of the Judiciary Committee to be present in the proceedings under introduced 1 month ago today, as a by a vote of 13 to 6, and it is particu- Supreme Court decision. So why not matter of fact, in an oilspill compensa- larly appropriate to consider this issue the Supreme Court? tion act I introduced. We include that at a time when we are examining the This comes into sharp focus on the with the component pieces of the OCS nomination of Solicitor General Elena factor that there has been an erosion of Reform Act that was passed unani- Kagan for the Supreme Court. congressional authority by what the mously by the committee. To suggest We have seen, in a series of nomina- Supreme Court has done. In the course this has been somehow hastily cobbled tion proceedings, the grave difficulties of the past two decades—really, 15 together, one needs to go back and of getting answers from nominees as to years—the Congress has lost a consid- look at the fact that it has been out their philosophy or ideology, and that erable amount of its authority—some there for public review and scrutiny is particularly important when the Su- taken by the Court and some taken by now for almost 1 month. preme Court has become an ideological the executive branch. The Court has As much as I will push back against battleground. There is a great deal of taken greater authority. the decision to race to finish this bill, lip service to the proposition that the In 1995, with the decision of United we must—we absolutely must—have courts interpret the Constitution and States v. Lopez, on the issue of caring more debate on these issues. The ma- interpret legislation as opposed to guns into a school yard, for 60 years jority, with very commanding numbers making law, but the reality is that on there had been no challenge to the au- in both Houses and control of the the cutting edge of the decisions made thority of Congress under the com- White House, may want to try to some- by the Supreme Court, the decisions merce clause. That followed the legis- how blame Republicans for the thou- are based on ideology. Therefore, for lation declared invalid under the New sands of lost jobs from Alabama to our the Senate to discharge its constitu- Deal of Franklin Roosevelt in the 1930s State of Alaska as well as the adminis- tional duty on advise and consent—on and led to the move to pack the Court. tration’s failure to protect and restore the consent facet, to have an idea of But since that time, the commerce the gulf’s offshore environment. But where nominees stand—there is an ad- clause has been respected. that strategy will fail. junct to that consideration; that is, to The case of United States v. Morri- We are offering a more responsible find a way to have the nominees follow son, involving legislation protecting and dramatically less costly piece of the testimony they give. women against violence, was another legislation that truly deserves to be We have found that in notable case diminishing the power of Con- considered and passed by the full Sen- cases—the most recent of which is Citi- gress. In a 5-to-4 decision, the Supreme ate. zens United—two of the Justices made Court declared that act unconstitu- I wish the majority would take that a 180 degree about-face. Both Chief Jus- tional because of Congress’s ‘‘method same path instead of deciding, judging tice Roberts and Justice Alito testified of reasoning.’’ One may wonder what

VerDate Mar 15 2010 23:50 Jul 28, 2010 Jkt 089060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JY6.004 S28JYPT1 tjames on DSKG8SOYB1PROD with SENATE July 28, 2010 CONGRESSIONAL RECORD — SENATE S6349 the method of reasoning is in the Su- lic, Israel, Syria, and Croatia. I will tial which ought to be explored. It is preme Court Chamber, a short distance ask at the conclusion of my comments not going to happen overnight, but it is beyond the pillars of the Senate. What the full text of my prepared statement something worth thinking about and happens when a nominee leaves the be printed in the RECORD. worth considering. confirmation proceedings and walks A few supplementary comments I now ask unanimous consent that across Constitution Avenue? Do they about my visits to Israel and Syria: the full text of my prepared statement have some different method of rea- The Mideast peace process is of enor- be printed in the RECORD. soning? mous importance, not only to that re- There being no objection, the mate- The fact is, there has been a reduc- gion but to U.S. national security in- rial was ordered to be printed in the tion in the authority of the Congress. terests and to the interest of peace in RECORD, as follows: The Court has further taken authority the world. The Palestinian track seems Mr. President—As is my custom, when I re- from the Congress in a series of deci- to be stuck with the controversies over turn from foreign travel, I file a report with sions interpreting the Americans with the neighborhoods, also referred to as the Senate. Disabilities Act. Two cases—Alabama the settlements. But the administra- From July 3 to July 11, 2010, I traveled to the Czech Republic, Israel, Syria, and Cro- v. Garrett and Tennessee v. Lane— tion is hard at work through special atia. came to opposite results with 5-to-4 de- envoy former Senator George Mitchell CZECH REPUBLIC cisions. In the case of Tennessee v. moving ahead on that line. I believe the time is ripe now for I arrived in Prague on Sunday, July 4, 2010 Lane, the Americans with Disabilities after having departed Washington, D.C. on Act was upheld when a paraplegic sued movement on the Israel-Syria track. I Saturday with a brief overnight stay in Eng- because he couldn’t gain access to a say that based on the conversations I land. This was my first trip to Prague since courtroom because there was no eleva- had with Israeli and Syrian officials. I Czechoslovakia peacefully split into the tor. With a shift in the vote of Justice was invited to come to Damascus. I Czech Republic and Slovakia in 1993. The Sandra Day O’Connor in Alabama v. have been to Syria on many occasions evening of my arrival in Prague, I dined with Garrett, the section of the Americans in the past, starting in 1984. I have been U.S. Ambassador John Ordway, who is serv- ´ with Disabilities Act was declared un- there some 19 times. This was the first ing as the Charge d’Affaires of the U.S. Em- time that I received a specific invita- bassy in Prague while the Senate considers constitutional dealing with employ- the nomination of Norman Eisen to be U.S. ment. tion from President Bashar al-Assad to Ambassador to the Czech Republic. One of In the case of Alabama v. Garrett, come there. I believe that is an indica- the issues we discussed was his belief in the the Court applied a test called congru- tion, which President Assad is very importance of congressional travel. In addi- ence and proportionality. Up until the open about, of his interest in having tion to raising Members of Congress’ under- case of City of Boerne in 1997, the peace talks with Israel without pre- standing of world affairs, it provides em- standard had been a rational basis. But conditions. bassy staff with opportunities to raise issues a new standard was articulated—con- He immediately follows that with a of importance with foreign leaders at higher statement that Syria has a right to the levels than normally possible. Along these gruence and proportionality—which is lines, I was asked to voice my support to impossible to understand. Golan Heights. But it is no surprise Czech officials for the efforts of Westing- Justice Scalia correctly asserted that that this is being asserted from the house—a Pittsburgh-based company—to it was a ‘‘flabby test,’’ designed to give Syrian point of view. build a nuclear power plant in the Czech Re- the court flexibility to engage in judi- Only Israel should decide for itself public. cial legislation. whether it wishes to trade the Golan The Westinghouse facility would provide When nominee Elena Kagan was for other national security interests, 9,000 American jobs, create $18 billion in U.S. asked which standard she would apply, for concerns about Hezbollah and exports, and would allow the Czech Republic to reduce its reliance on Russia as an energy the rational basis test or the congru- Hamas and the link with Iran—whatever effect there may be with the Ira- provider. Russia currently provides the ence and proportionality test, she de- Czech Republic with 70 percent of its natural clined to answer. That certainly fell nian-Syrian relationship and the sta- gas, 60 percent of its petroleum, and 30 per- within the ambit of Ms. Kagan’s now bilization of Lebanon. But it is a dif- cent of its nuclear power. famous 1995 Law Review article, where ferent world today than it was in 1967 The following morning I met with Ambas- she chastised Justice Ginsburg and in an era of rockets, so the security in- sador Ordway and some of his deputies for a Justice Breyer for stonewalling in terests are very different. country team briefing. One of the issues we their nomination hearings, and also The Israelis and the Syrians came discussed was the newly-elected Czech Par- liament’s plan to balance the national budg- the Senate for not getting information very close to a peace agreement in 1995 and again in the year 2000. Turkey had et by 2013 through cuts in expenditures and to help in discharging our duty to con- increased indirect taxes. Additionally, we sent to Supreme Court nominations. been brokering talks between Israel discussed the Czech Republic’s presence in One approach with television would and Syria, but the Turkish envoys have Iraq and Afghanistan. Approximately 535 be to hold some level of accountability withdrawn after the so-called flotilla Czech soldiers are currently serving in Af- when the public understands what is incident, asking Israel for an apology. ghanistan, and it was the sense of the em- going on. Louis Brandeis, before he Since none is forthcoming, the Turks bassy staff that public sentiment regarding came to the Supreme Court, in a fa- are not brokering that issue. So it the mission could change following the re- seems to me with the role the United cent deaths of 3 Czech servicemen. mous article in 1913 advocated that the Following the meeting at the Embassy, sunlight was the best disinfectant and States played, the very active role of Ambassador Ordway and I proceeded to a publicity was to deal with social ills. former President Clinton—with U.S. meeting with Czech President Vaclav Klaus. Stuart Taylor, noted commentator on participation I believe the prospects I thanked the President for his country’s the Supreme Court, said the only way are good and there could be a treaty contribution to the military efforts in Iraq to have the Court stop taking away there. and Afghanistan, and he expressed the belief power from the Congress and from the Israel has significant potential that while the missions were not popular in executive branch is by infuriating the gains—to stop the shelling by Hamas the court of world opinion, something had to from the south and the threat and po- be done and the world could not afford to public. standby. To infuriate the public, the public tential shelling from Hezbollah from I raised the issue of the prospects of form- has to be informed, and television the north, and also the relationship being lasting democratic institutions in Iraq would be a significant step forward. tween Syria and Iran. President Assad and Afghanistan. He expressed the view that f said to me that Iran supports Syria, he thought democracy would come to Iraq, but Syria does not support Iran. With but was unsure when. He expressed doubts as FOREIGN TRAVEL the recent action by Syria in changing to whether it could ever take hold in Afghan- Mr. SPECTER. It has been my cus- the veiling requirement, it is an indica- istan. tom to make a report to the Congress tion that Syria is pursuing being a sec- I urged President Klaus to support Wes- tinghouse’s nuclear bid and he said that he and my constituents and the general ular state with significant differences has been impressed with Westinghouse prod- public when I return from a trip, which from the practices in Iran. If it should ucts since his days as Prime Minister, but I did on July 11, having started on July become the national interest of Syria added that the decision would be made by 3, and having visited the Czech Repub- to side with the West, that is a poten- others in the Czech government.

VerDate Mar 15 2010 23:50 Jul 28, 2010 Jkt 089060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JY6.005 S28JYPT1 tjames on DSKG8SOYB1PROD with SENATE S6350 CONGRESSIONAL RECORD — SENATE July 28, 2010 Knowing President Klaus to be a former explained that much of the progress on mov- I pressed Assad on Syria’s alleged sale of economics professor, I raised the issue of ing the economy and infrastructure has Scud missiles to Hezbollah and his support China’s unfair subsidization of its steel income from USAID, including more than $2.9 for Hamas and Hezbollah. He asked for proof dustry—something I have fought against and billion since 1994 for programs in the areas of on the missile issue and denied the charge. argued before the International Trade Com- water, sanitation, infrastructure, education, He said that once there was a Syria-Israeli mission on a number of occasions—which health care, economic growth and democ- peace agreement there would no longer be a leads to an unlevel playing field for U.S. and racy. reason for any concern about missiles. Czech companies alike. President Klaus After meeting with Prime Minister Hezbollah or Hamas. shared my frustration with such practices, Fayyad, we returned to Jerusalem where I In discussing Iran, President Assad sug- but he disagreed when I suggested the imple- met with Israeli Opposition Party Leader gested the U.S. work to improve its relation- mentation of countervailing duties. It was Tzipi Livni. We opened the discussions talk- ship with Iran by further pursuing diplo- his sense that democratic reform in China ing about Israel’s indirect talks with Syria matic engagement. would be the greatest driver for improve- through Turkey. She indicated her belief As I have done in previous conversations ments in trade practices, although he could that an agreement was ‘‘feasible’’. with President Assad, I expressed my desire not suggest a timeline for such reform. I proceeded to ask her about Prime Min- that he allow forensic teams into his country I inquired with President Klaus his views ister Fayyad’s assertion that there will be no on the missing Israeli soldiers issue. I also of Iran and what could be done there. While peace between Israel and the Palestinians raised again my request that the remains of he did not have a direct answer, he shared a until the Palestinians are united. In her view Eli Cohen be returned to Israel—or, at a bare very interesting story about an encounter he talks between Israeli and Palestinians could minimum, allow a kaddish to be said over his had with Russian Prime Minister Putin and proceed, and when an agreement is reached remains by his widow and a rabbi. He said Russian President Medvedev. He explained it could be presented to Hamas—where they those matters would have to await a Syria- that during a conference the three had at- would be given a choice work together or be Israeli peace treaty. Finally, at the urging of the Charge, I tended, both Putin and Medvedev expressed seen as an obstructionist minority. asked that recent changes to Syrian visa great concern over the situation in Iran, be- That evening I joined Deputy Minister of regulations—which seem to target Ameri- cause of Iran’s efforts to develop a nuclear Foreign Affairs Daniel Ayalon for dinner. We cans—be reversed in light of the fact that weapon. became friends when he served as Israel’s the U.S. has reduced visa wait periods for We also discussed efforts to create a last- ambassador to the United States. I opened Syrians and lifted the Travel Warning for ing Mideast peace, strategies for dealing the discussion by expressing Dr. Erekat’s po- Syria. President Assad said he would look with North Korea, and climate change. With sition that if Prime Minister Netanyahu into this situation. regard to the last issue, knowing me to be were serious about peace, a deal could be concerned with current changes to the global made. Ayalon responded by stating that CROATIA climate, President Klaus provided me with a peace was on the table in November of 2008 On Friday, July 9, 2010 I flew to Dubrovnik, copy of his book ‘‘Blue Planet in Green and was rejected by the Palestinians. Croatia where I met with U.S. Ambassador Shackles,’’ in which he expresses his skep- During my meeting with Dr. Erekat, he Jim Foley. During our meeting Ambassador ticism with regard to man’s impact on the mentioned a situation where Minister of For- Foley underscored Croatia’s strong support warming of our planet. eign Affairs Avigdor Lieberman would not of the U.S. and cited its commitment of 300 ISRAEL shake his hand, so I raised the issue with soldiers to the mission in Afghanistan. The We spent most of July 6 traveling to Israel Deputy Foreign Minister Ayalon. He denied Ambassador expressed his support for Cro- from the Czech Republic. This was my 27th the account and referred to Lieberman’s oft- atia’s desire to enter the European Union so visit to Israel in my capacity as a Senator. quoted remark that he would give his own as to strengthen the economy and provide in- The following day, I had a series of meetings house for peace with the Palestinians. centives for governmental reform. I inquired with Palestinian Liberation Organization ne- Before concluding dinner, Ayalon asked me about the status of the Serbian fugitives re- gotiator Dr. Saeb Erekat, Palestinian Au- to return with two messages to the U.S. The sponsible for the Srebrenica Massacre and thority Prime Minister Salam Fayyad, first was to pass a request shorten the life the Ambassador assured me everything was Israeli Opposition Leader Tzipi Livni, Israeli sentence for Jonathan Pollard, a former ci- being done to bring those men to justice. President Simon Peres, and finally had a vilian intelligence analyst who was con- While we were in Croatia, there was a sum- dinner meeting with Israeli Deputy Foreign victed of spying for Israel. The second was to mit of regional leaders being held in the Minister Danny Ayalon. express appreciation for the funds stemming city. The next morning I met with Croatian For- My first meeting of the day was with Dr. from the United States-Israel Energy Co- eign Minister Gordan Jandrokovic´ before the Saeb Erekat in Ramallah, someone I have operation Act of 2007, which authorizes Croatian summit. I expressed my apprecia- gotten to know very well over the past 15 grants to encourage collaboration between tion for Croatia’s efforts in Afghanistan and years. We opened the meeting with a discus- the U.S. and Israel in the research, develop- my support for Croatia’s desire to enter the sion about the prospects for peace. Dr. ment, and commercialization of renewable E.U. He indicated in response that Croatia Erekat immediately said that peace was ob- energy and energy efficiency technologies. plans to expand its troop commitment in Af- tainable—very much in reach—and the next The $4 million appropriated to date by Con- move lay in the hands of Israeli Prime Min- ghanistan by five percent to 320. We also dis- gress for this program has been matched 100 cussed efforts to improve relations between ister Benjamin Netanyahu. I mentioned that percent by the Israeli Government. Funding I would be meeting with Israeli President Kosovo and Serbia so as to improve regional has gone to support eight collaborative security. Peres later that day and Syrian President projects between Israelis and American uni- Assad the following day. Erekat told me to We returned to the United States on Sun- versities and private companies, including a day, July 11, following an overnight layover speak to Israel about using Turkey to re- company based in Bala Cynwyd, Pennsyl- in France. sume the indirect talks between Israel and vania. With this funding Israel hopes to re- Syria. According to him, it was both his and duce its oil dependence by 50 percent. Mr. SPECTER. In the absence of any President Abbas’s position that it was in the other Senator on the floor seeking rec- SYRIA Palestinians’ interest for Syria and Israel to ognition, I suggest the absence of a resume talks and that the current tension The next morning we flew to Syria—my quorum. between Israel and Turkey benefitted no 19th trip to the country—via Jordan to meet The PRESIDING OFFICER. The with President Bashar al-Assad. I have got- party. clerk will call the roll. That afternoon I remained in Ramallah to ten to know President Bashar al-Assad well over the past decade, just as I knew his fa- The legislative clerk proceeded to meet with Palestinian Authority Prime Min- call the roll. ister Salam Fayyad. He said he is focusing ther, Hafez al-Assad. I opened my meeting on growing the economy in order to undercut with President Assad by expressing regret Mr. BAUCUS. Mr. President, I ask peoples’ reliance on Hamas for basic needs. that the U.S. Senate had not acted to con- unanimous consent the order for the Prime Minister Fayyad was optimistic that firm Robert Ford to be the Ambassador to quorum call be rescinded. the Palestinian Authority can regain control Syria, in addition to ambassadors to other The PRESIDING OFFICER. Without of the government from Hamas in the up- important countries and international bod- objection, it is so ordered. coming elections. ies. President Assad replied that he was very Mr. BAUCUS. Mr. President, I ask I raised the issue of Israel’s talks through pleased by President Obama’s signal that he the time be yielded back so we can pro- Turkey with Syria. Prime Minister Fayyad wanted an American ambassador in Damas- ceed. was skeptical of the utility of this track, and cus. The PRESIDING OFFICER. Without indicated his belief that the best course for- I continued the conversation by recounting objection, it is so ordered. ward is to formulate a joint public document a discussion I had recently with Syria’s Am- outlining the key issues which need to be re- bassador to the United States, Imad f solved to make peace. He also discussed his Moustapha, in which we discussed the oppor- CONCLUSION OF MORNING belief that concerted U.S. involvement could tunity to restart talks between Israel and BUSINESS greatly improve the chances of success. Syria. President Assad expressed great open- I asked the Prime Minister if there were ness to resuming the talks with Turkey as The PRESIDING OFFICER. Morning other ways the U.S. could be helpful and he the broker. business is closed.

VerDate Mar 15 2010 03:32 Jul 29, 2010 Jkt 089060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JY6.001 S28JYPT1 tjames on DSKG8SOYB1PROD with SENATE July 28, 2010 CONGRESSIONAL RECORD — SENATE S6351 SMALL BUSINESS LENDING FUND home States. This year business own- pense the improvements to the prop- ACT OF 2010 ers may purchase and write off up to erty itself. The PRESIDING OFFICER. Under $250,000 in equipment for use in their For example, a small business owner the previous order, the Senate will re- trade or business. This tax benefit with a retail clothing store may ex- sume consideration of H.R. 5297, which phases out for expenditures between pense improvements that were made the clerk will report. $250,000 and $800,000, but in 2011, under inside the store, such as built-in cabi- The legislative clerk read as follows: current law, the $250,000 threshold will nets to better stock clothing or lights A bill (H.R. 5297) to create the Small Busi- decrease sharply to $25,000, and the to brighten the fitting rooms. Allowing ness Lending Fund Program to direct the $800,000 ceiling on the benefit will de- a retail owner to expense these im- Secretary of the Treasury to make capital crease to $200,000. The bill before us provements immediately lowers the investments in eligible institutions in order today would increase the thresholds to owner’s costs, and ultimately this will to increase the availability of credit for $500,000 and $2 million in 2010 and 2011. help the retail store owner to run a small businesses, to amend the Internal Rev- Expensing is an important tool for better business. This expansion also ap- enue Code of 1986 to provide tax incentives small businesses because it is the most plies to qualified restaurant property for small business job creation, and for other accelerated type of depreciation. With purposes. and qualified leasehold improvement expensing, a business can deduct the property. Pending: complete cost of an asset such as A second accelerated cost recovery Reid (for Baucus/Landrieu) amendment No. equipment or software in the same provision in this bill is bonus deprecia- 4519, in the nature of a substitute. Reid amendment No. 4520 (to amendment year the business buys the asset. With tion. Bonus depreciation also helps No. 4519), to change the enactment date. expensing, businesses do not have to Brown’s Automotive and many other Reid amendment No. 4521 (to amendment wait for years to recover these costs as small businesses. This bill would ex- No. 4520), of a perfecting nature. they do through traditional forms of tend bonus depreciation through the Reid amendment No. 4522 (to the language depreciation. end of this year. This important provi- proposed to be stricken by amendment No. In this weak and uncertain economy, sion would quickly spark investment, 4519), to change the enactment date. Reid amendment No. 4523 (to amendment the ability to deduct the cost of assets increase cashflow, and help to create No. 4522), of a perfecting nature. in the same year provides an imme- jobs. Reid motion to commit the bill to the diate benefit for businesses. These im- Bonus depreciation especially helps Committee on Finance with instructions, mediate benefits strengthen the invest- businesses that need to make large Reid amendment No. 4524 (the instructions ment practices of a business, and that capital expenditures but that may not on the motion to commit), to provide for a strengthens the economy as a whole. be able to take advantage of acceler- study. An increase in the thresholds for sec- ated depreciation under section 179. Reid amendment No. 4525 (to the instructions (amendment No. 4524) of the motion to tion 179 expensing effectively decreases Currently, businesses are allowed to recommit), of a perfecting nature. the cost of newly purchased equipment, cover the cost of capital expenditures Reid amendment No. 4526 (to amendment and that makes it more economical for over time. As a result of the great re- No. 4525), of a perfecting nature. a business to invest. These investments cession, Congress temporarily allowed The PRESIDING OFFICER. The Sen- can help a business grow with rel- businesses to recover the cost of cer- ator from Montana. atively simple acquisitions. tain capital expenditures more quickly Mr. BAUCUS. I ask unanimous con- For example, a business could boost by increasing the writeoff to 50 percent sent Senator LANDRIEU be recognized productivity by updating office tech- of the cost of property placed in service to speak for up to 1 hour at 12:30 p.m. nology. This provision will also in- in 2008 and 2009. today and that the Republican leader crease cashflow for businesses, and This bill would extend the additional or his designee then be recognized fol- businesses that invest in new equip- depreciation to property placed in serv- lowing Senator LANDRIEU. ment put money back into the larger ice in 2010. This additional depreciation The PRESIDING OFFICER. Without economy with their purchases. Take, makes property more affordable. The objection, it is so ordered. for example, Brown’s Automotive in business can use the savings it receives Mr. BAUCUS. Mr. President, the Sen- Billings, MT. Brown’s Automotive spe- to reinvest in the business and to hire ate once again has before it the small cializes in transmission repairs. Those new employees. This provision benefits business jobs bill. We have created this repairs require significant equipment immediate investments that can bill to help move the economy toward investments, such as lifts and scanners. strengthen the economy now. We do recovery. We have crafted this bill to Business has been down lately as few not have to wait to see the benefits of create jobs. We have crafted this bill to people are able to afford expensive this important provision. strengthen capital investment. transmission repairs these days. When Bonus depreciation also helps the Over the course of the great reces- business is slow, purchases of heavy business that sells the equipment. It sion, small business capital investment equipment can put a major strain on helps manufacturers and suppliers re- has fallen dramatically. Since 2005, the cashflow. But section 179 expensing and tain and hire employees as their busi- percentage of small businesses that the 50 percent bonus depreciation ex- nesses rebound. The more purchases made a capital outlay in the previous 6 tension in this bill make a huge dif- that are made, the more other busi- months fell by nearly 30 percent. Cap- ference for Brown’s Automotive. nesses are helped. This double benefit ital investments are an integral part of Brown’s can now write off a portion of makes bonus depreciation a cost-effec- getting the economy back on track. We the cost of new equipment, and that tive way to strengthen business invest- need to make sure that businesses, and helps them maintain their cashflow ment. especially small businesses, have the and encourages them to make further Section 179 expensing and bonus de- opportunity to make these investments capital investments. preciation encourage investment and so they can improve and expand. Because of provisions like 179 expens- creates jobs. There is no doubt about Our small business jobs bill includes ing, Brown’s has retained all 43 of its it, and very significantly, I might add, two accelerated cost recovery provi- employees despite the recession. with this bill, we can help put the sions. These incentives would lower the This bill also allows taxpayers to ex- American economy back on track. cost of capital and they would help pense up to $250,000 of certain real This bill would provide continued businesses to make capital invest- property within the newly expanded support to our small businesses on the ments. One accelerated cost recovery thresholds in 2010 and 2011. Currently, path to economic recovery. The bill in- provision in this bill would increase taxpayers can expense only tangible creases access to much needed capital, the amount of capital investment that personal property. Tangible personal encourages entrepreneurship, and pro- a business could expense under section property includes things such as ma- motes equity. The small business jobs 179 of the Tax Code. Section 179 is one chines or equipment. Expanding sec- bill includes incentives to strengthen of the most widely used tax benefits tion 179 expensing to include some real capital investment. available to small businesses. property greatly increases the value of I urge my colleagues to support the We all hear of this constantly from this provision to small businesses. This small business jobs bill. I might add our small business constituents in our provision means a business could ex- that today we are working to reach an

VerDate Mar 15 2010 23:50 Jul 28, 2010 Jkt 089060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JY6.007 S28JYPT1 tjames on DSKG8SOYB1PROD with SENATE S6352 CONGRESSIONAL RECORD — SENATE July 28, 2010 agreement on consideration of amend- be plagued by the threats posed by tremism. It is that simple. With Amer- ments to this legislation. We hope we IEDs, improvised explosive devices, ican fighting men and women giving, will have more to announce later as we something I have been continually as Lincoln said, their ‘‘last full meas- reach that agreement. I very much raising with the administration and ure of devotion to their country,’’ the hope that can be done very expedi- others and will continue to do this product of our troops’ sacrifice cannot tiously so we get this bill passed and until the threat to our servicemembers be an Afghanistan that does not re- get the needed assistance to our small ends or is sharply reduced. spect the rights of women. The Taliban businesses. Unfortunately, we have a problem cannot be allowed to impose their Dra- I yield the floor and I suggest the ab- which is not just the IED itself but the conian version of justice as it relates sence of a quorum. ammonium nitrate, which is the most to women or society in general. The PRESIDING OFFICER. The significant ingredient, which, as every- Senator BOXER and I cochaired a For- clerk will call the roll. one knows, is a fertilizer which is used eign Relations Subcommittee hearing The legislative clerk proceeded to across the region and in other parts of on women in Afghanistan a number of call the roll. the world as well. But that ammonium months ago and will continue to Mr. CASEY. Mr. President, I ask nitrate is both the main and most po- strongly advocate for the rights of unanimous consent that the order for tent ingredient, and its inflow from women in Afghanistan. We commend the quorum call be rescinded. Pakistan is still a huge problem. We and applaud the work of Secretary The PRESIDING OFFICER. Without are working to address this prolifera- Clinton and her Department on this objection, it is so ordered. tion and the transport of this deadly issue. It is not only the right thing to AFGHANISTAN material in the region. We are also do, it is literally in our national secu- Mr. CASEY. Mr. President, I rise this working closely with the Government rity interest to do this work. morning to talk about the United of Pakistan to address this threat. The most unfortunate indicator in States strategy in Afghanistan. How- But today I wish to review what I see the security environment, however, is ever troubling the recent leak of classi- as three main areas of our involvement the increase in American casualties, fied documents, the topics discussed in in Afghanistan. The three we have killed in action, and wounded. June those documents confirm some of the talked about over and over here in the was the deadliest month on record. The difficulty we face as a country today in Senate are: security, governance, and death toll was 103. More than half of Afghanistan. development. them were American servicemembers, Much of what was reported in the First, the most significant issue for and from Pennsylvania four service- newspapers the last couple of days is, many Americans is the basic security members were among those 103 killed frankly, not news, but a review of what or military question, and that part of in action. we already knew, that corruption con- the strategy. On last Tuesday, the A new Afghan study also revealed tinues to plague the Afghan Govern- international community met in Kabul that civilian casualties are on the rise. ment, the performance of the Afghan to assess the progress as it relates to More than 1,000 Afghan civilians were National Army and police is uneven Afghanistan itself and the stability in killed in the first 6 months of 2010, a and at times problematic, and the Afghanistan. This was the biggest slight increase compared to the same Taliban have been emboldened in re- international gathering in Kabul in 40 period in 2009. However, the number of cent years. years, 70 dignitaries from around the people killed in NATO air strikes in As I said, this is all information we world, including our own Secretary of the same period has decreased by 50 knew. It might have more details about State, Secretary Clinton, and U.N. Sec- percent because of changes in the rules it, some more reliable than others. But retary General Ban Ki-moon. Kabul of engagement. So it is good news that the release of these documents should, itself, the city, was under virtual that number is going down. at the same time, help to sharpen our lockdown for the gathering, which Most of the civilian deaths docu- focus on all of those issues and more, passed without any major attacks, mented by the report were caused by and ask the tough questions, as is our thank goodness. That is a testimony to insurgents, with the widespread use of responsibility in the Senate in a time the Afghan security forces. roadside bombs, IEDs, as I mentioned of war. The conference attendees endorsed before, particularly deadly. They alone This year, 2010, has already been the President Karzai’s plan for Afghan se- have killed 300 civilians, those kinds of deadliest year on record in Afghani- curity forces to take over the responsi- explosions. stan. We have new military leadership bility for safeguarding the country by In addition to security, which is es- on the ground, General Petraeus, and 2014, setting a potential timeline for sential, of course, in any strategy to assurances from the administration foreign troops’ departure. make sure there is stability in Afghan- that civil-military relations are strong. President Karzai also said his govern- istan, the second element is once you Two weeks ago, Ambassador Holbrook ment ‘‘continued earnestly and with have security or are making progress appeared before the Foreign Relations the full dedication, the pursuit of the on security, you hear this talk over Committee where he described the ci- peace process,’’ with the Taliban, and over again about clear, hold, and vilian component of our engagement in which has been endorsed by the inter- build. You clear out the insurgents, Afghanistan. national community. The United clear out the enemy, and then you have Our regular reports from the admin- States has laid down basic require- got to hold that region or that geog- istration are instructive and do indeed ments or conditions for any group raphy, and then build on it. The build- show that we are making progress in seeking to negotiate, seeking some ing, of course, cannot take place unless some areas. But the overall picture is kind of reconciliation. There are three, there is good governance. And to say not encouraging. Casualties are up. and we need all three. we have a lot of questions in this area Fifty-three servicemembers from Penn- First, any group that wants to en- is a dramatic understatement. sylvania have lost their lives in Af- gage in this process has to end its ties Corruption in the Afghan Govern- ghanistan. And, by way of comparison, to al-Qaida; second, they have to end ment was a major issue at this week’s in Iraq over the course of that battle, violence itself; and, third, accept the conference. President Karzai identified that war and the battles that were part Afghanistan Constitution. corruption as a major concern in his of it, Pennsylvania has had 196 killed Secretary Clinton met with a group inaugural address, going back a num- in action. So when we get above 50 of women in Kabul and reiterated her ber of months. We support steps he has Pennsylvanians killed in action, that is commitment to protecting women dur- taken to begin addressing this problem. getting very high. ing this difficult transition period in These include issuing a Presidential Of course, casualties mean both those Afghanistan. This issue is critical and decree in March of 2010 that provided who have been killed and those who has a direct impact on U.S. national se- that the USAID-supported High Office have been wounded. So the 53 from curity. of Oversight have additional investiga- Pennsylvania I mentioned are killed in Women are the backbone of Afghan tive powers. action. We have many more who have society, and they play a determinative It also outlined a process we are sup- been wounded. Our troops continue to role in whether their sons resort to exporting for establishing a monitoring

VerDate Mar 15 2010 23:50 Jul 28, 2010 Jkt 089060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JY6.008 S28JYPT1 tjames on DSKG8SOYB1PROD with SENATE July 28, 2010 CONGRESSIONAL RECORD — SENATE S6353 and evaluation committee on corrup- which combines law enforcement, in- REFORM OF THE CRIMINAL JUSTICE SYSTEM tion comprised of Afghan and inter- telligence, interdiction, demand reduc- Mr. WEBB. Mr. President, I rise to national experts. Last week, Afghani- tion, regional coordination, and alter- point out to Members of this body that stan’s Cabinet approved a bill which native livelihood programs. He reports yesterday in the House of Representa- will allow government ministers and that: tives, the National Criminal Justice senior officials accused of corruption We have seen significant increases in: the Commission Act of 2010 was passed in a to be put on trial. For Americans, that number of drug labs destroyed; the number noncontroversial manner by a voice doesn’t seem like a big development, of drug traffickers arrested; the amounts of vote. This legislation is identical to but that alone is significant progress, opium, poppy, heroin, and morphine [based- legislation my staff and I have worked to put corrupt officials on trial and drugs] seized; the number of joint operations on for more than 3 years, which has with Afghan forces. have a judgment rendered pursuant cleared the Judiciary Committee, thereto. Once passed by Parliament or A joint ISAF-Embassy Kabul effort which now has 39 cosponsors, including Presidential decree, this bill will allow has been restoring cellular telephone the Senator from Pennsylvania and the the creation of a special tribunal to try service in areas where the Taliban has Presiding Officer. I urge leadership on officials accused of graft or corruption. destroyed or deactivated cell towers. both sides of the aisle to bring this leg- Under current Afghan law, ministers Over 20 cell towers have been reac- islation to the floor. Let’s get the task are immune from prosecution in ordi- tivated in Helmand Province and of reforming our criminal justice sys- nary courts. It is hard to understand Kandahar, with significant benefits for tem into motion. It has been more than that, but that is the situation as it local communities. One of the civilians 40 years since we have had a strong stands now. embedded with the Marines in Helmand look at all the different components of American officials estimate that $14 Province reported that soon after a our criminal justice system and how billion a year in assistance is put local cell tower resumed operation, broken it has become. This legislation ‘‘three cell phone shops opened up in through the government, but most of would provide the right vehicle to do the district bizarre and SIM cards were the current assistance package now so. goes through Western organizations. available in the whole of the district— I started working on this issue as As the Obama administration makes without involvement from the Marines soon as I came to the Senate. We an effort to increase direct assistance or U.S. civilians.’’ worked along with the Joint Economic That is a bit of good news in the to the Afghan Government, safeguards Committee and many nonprofit groups midst of a lot of difficult challenges. must be put in place to ensure Afghans All of us commend the Obama admin- and 501(c) groups to hold extensive bolster their financial management istration’s work to bolster civilian ef- hearings on the issues of mass incar- systems and combat corruption. As em- forts in Afghanistan. On a mission so ceration, drug policy, how these dif- phasized in the administration’s Janu- important, where troops and families ferent components of criminal justice ary Afghan strategy document, there are sacrificing so much every day, interrelate, and why we need to take a has been a major U.S. and Afghan push building civilian capacity can never larger look at the process. We designed to build up local governance. This ap- move fast enough. However, we have this legislation with input from across proach represents an attempt to build tripled the amount of civilian advisers the philosophical spectrum in order to some of the tribal and other local since the Obama administration as- provide strong advice to the Congress structures destroyed in the course of sumed office in 2009. The administra- about how to fix all the components of constant warfare over several decades. tion has refocused development prior- the criminal justice system, from how We have a long way to go on govern- ities on agriculture and changed the people are apprehended, what to do ance, but it bears scrutiny and atten- rules of engagement to ensure fewer with them after they are apprehended, tion and a lot of tough questions asked Afghan civilians are negatively af- when do we put people in prison, how by Members of the House and Senate fected and turned into potential en- long, what happens to them when they and getting answers to those tough emies. We are making progress, but are in prison, what does prison admin- questions from the administration and much more remains to be done on the istration look like, what do reentry from President Karzai and his govern- three critical measurements: security, programs look like, and how do we deal ment. governance, and development. with issues such as transnational Third is the issue of development. In I will continue to ask tough ques- gains. While it is very difficult to deal his testimony last week, Ambassador tions and demand answers on all three with these issues one at a time, we Holbrooke highlighted USAID’s agri- parts of our strategy. The American have a vehicle here that has been culture voucher program. Launched in people have a right to these answers. scrubbed through the entire philo- September of 2009, this program has The threat posed by IEDs in Afghani- sophical spectrum with great support. I distributed wheat seed to more than stan is the No. 1 killer. We know this will show some of the areas of support 366,00 farmers—critically important to from many reports. The work done by in a minute. give farmers the resources and help to the Joint Improvised Explosive Devices The starting point is why, why do we develop their crops. This strategy also Defeat Organization, known as need to move on this now. resulted in the training of 80,000 Af- JIEDDO, is working actively to address I wrote an article for Parade maga- ghan farmers in best practices and em- the threat on the ground. The State zine last March when I decided to move ployed over 70,000 Afghans on short- Department, led by Secretary Clinton, our legislation forward. We got tremen- term rural infrastructure projects. In is engaged with governments across dous support across the country once many places throughout Afghanistan’s the region to develop a comprehensive we started talking about it. The two south, these programs are being admin- approach on countering IEDs and hav- components we all ought to be con- istered increasingly under the auspices ing a strategy for stopping the flow of cerned about are, first, incarceration in of the Afghan Ministry of Agriculture, ammonium nitrate into Afghanistan the United States has skyrocketed, whose extension agents receive train- from Pakistan and other places in the particularly since about 1980. In the ing from forward-deployed USDA and region, which is the central ingredient United States today, we have far more USAID agricultural advisers. Many in the IEDs. I am glad this effort is people in jail per capita than any other Americans might think the only people taking place by our government but country in the Western world and actu- on the ground are soldiers and military much more work needs to be done. We ally in other parts of the world as well. personnel. We have a lot of dedicated need to do everything we can to stop We have 5 percent of the world’s popu- Americans who work for the Depart- the attacks that result from the use of lation and 25 percent of the world’s ment of Agriculture, for USAID, who ammonium nitrate and other ingredi- known prison population. At the same work for a number of Federal Govern- ents in the IEDs. Nothing is more im- time, we have another 5 million people ment agencies helping the Afghan peo- portant as part of our strategy. in different parts of the criminal jus- ple to develop their economy and to I yield the floor. tice process who are not incarcerated. govern their country better. The PRESIDING OFFICER (Mr. More than 7 million people are in- Ambassador Holbrooke also discussed BURRIS). The Senator from Virginia is volved in the criminal justice process our new counternarcotics strategy, recognized. today.

VerDate Mar 15 2010 23:50 Jul 28, 2010 Jkt 089060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JY6.014 S28JYPT1 tjames on DSKG8SOYB1PROD with SENATE S6354 CONGRESSIONAL RECORD — SENATE July 28, 2010 At the same time, if we ask people if that we have sat down and listened to I wish to speak specifically to a piece they feel any safer, more than 70 per- from the Republican side. We have a of legislation I introduced, and I intro- cent will tell us they feel less safe in seven and seven buy-in on the member- duced it in amendment format as well, their communities than they did 1 year ship of the commission in terms of ap- with bipartisan support. This amend- ago. This is a trend that has actually pointments from different party lead- ment would get government out of the increased over the years since about ers. way so that credit unions could in- 2001. We are putting more people in This is a copy of the cover of this crease their small business loan port- jail, we have more people involved in week’s Economist magazine I show you folios. Right now, credit unions are the criminal justice system, and people in the Chamber. The Economist maga- making small business loans, but there feel less safe. Clearly, this is a leader- zine, in my view, even though it is a is an arbitrary cap on the size and how ship issue. We need to get our arms British magazine, is probably the finest many loans they can actually issue. In around it. We have a responsibility as news magazine in the world. I have every single State—in Illinois, Colo- leaders of the Nation to put the right read it for more than 30 years. The rado, California, and North Carolina— process into motion so we can make cover is ‘‘Why America locks up too there are credit unions that have better sense out of the criminal justice many people.’’ They have an indepth money and are ready to responsibly system. article in here asking the question, lend more money, but the Federal Gov- Another statistic, before I talk about What is wrong with the American ernment is standing in the way. I, for the process we went through, when we criminal justice system, and what one, am not ready to say to all busi- look at the increase in incarceration, a needs to be done to fix it? nesses that they have to close their huge part of it has been through our in- So I would ask the leadership of both doors because of a Federal cap on ability to get our arms around enforce- our parties, and particularly those on loans. In an economy such as the one ment of drug policies. If we go from the other side, let’s step forward and we now face, we have to change that 1980 to 2007 and look at Federal, State, create this commission. It is a 11⁄2-year situation. We all know that when small and local prisons or jails, we will see sunsetted commission. It is not some- businesses expand and grow, that will that our incarceration of drug offend- thing that is going to keep going. We be critical to pulling us out of this reers has skyrocketed by 1,200 percent. In are going to put experts on the com- cession. In the last 15 years, small busi- 1980, we had 41,000 people in jail on drug mission to come back to us and talk to nesses have generated two-thirds of all offenses. By 2007, it was 500,000. A sig- us about how we can make this system the new jobs created in the United nificant percentage of these people are fair, take care of the problems of States, and they currently employ incarcerated for nonviolent offenses, crime, the worries people have, and at more than half of all Americans in the and a very high percentage have been the same time be a lot more sensible in workforce. minorities. terms of whom we are incarcerating As I travel across Colorado—as I When we started talking about this and how we are assisting them in their know the Senator from Illinois travels issue, we heard a lot of unease, particu- reentry into our society. across Illinois—and I visit with small larly from law enforcement’s side. We Mr. President, I yield the floor and businesspeople, they continually ask brought them in one at a time. I am suggest the absence of a quorum. me: Where is the lending? I thought the not on the Judiciary Committee. My The PRESIDING OFFICER. The banks were supposed to start lending staff brought them right into the of- clerk will call the roll. again. fice. We sat down with more than 100 The assistant legislative clerk pro- Despite remaining profitable, small different organizations from across the ceeded to call the roll. businesses have been unable to secure philosophical spectrum to listen, to get The PRESIDING OFFICER. The Sen- the loans they need to make invest- their input on what this Commission ator from Colorado. ments in inventory, expand, and ulti- ought to do, and to make sure we are Mr. UDALL of Colorado. Mr. Presi- mately hire new workers. That is, reaching out to all aspects of the issue dent, I ask unanimous consent that the again, why I introduced this bipartisan of criminal justice. We have support order for the quorum call be rescinded. amendment to allow credit unions to now from across the philosophical spec- The PRESIDING OFFICER. Without ramp up small business lending with- trum: Fraternal Order of Police, Na- objection, it is so ordered. out costing taxpayers a dime. I wish to tional Association of Police Organiza- Mr. UDALL of Colorado. Mr. Presi- say that again. We are not costing tax- tions, the International Association of dent, are we in morning business? payers a dime to put these changes Chiefs of Police, nearly 20,000 members The PRESIDING OFFICER. The Sen- into current law. who called their own press conference a ate is considering the small business Let me speak to current law. Under couple months ago to endorse this leg- bill. current statute, credit unions are re- islation. Among their leadership, they Mr. UDALL of Colorado. I ask unani- quired to limit their small business were saying this was the most impor- mous consent to speak as in morning lending to 12.25 percent of their credit tant issue they would be working on in business. union’s total assets. But credit unions their careers. The PRESIDING OFFICER. Without have run up against that cap, and the At the same time, we have received objection, it is so ordered. only thing keeping them from jump- endorsements from people who were Mr. UDALL of Colorado. Mr. Presi- starting our economy is an outmoded, more concerned about the individual dent, I will speak to the bill we are antigrowth law which I have ref- rights area of criminal justice: the considering. erenced. NAACP, the American Civil Liberties I rise today because I know we need After we introduced our bill last Union, Human Rights Watch, the Na- to throw a lifeline to small businesses year, we heard from inside-the-beltway tional Association of Social Workers. by increasing their access to credit. banking representatives who said in- This is a buy-in from all the elements They have bills to pay, payroll checks creasing credit union loans to small in our country involved in this issue; to issue, and accounts payable mount- businesses wasn’t going to be safe or that we need to find the type of solu- ing as they try to drive economic de- sound. Now, I suspect they were more tion that is going to make our system velopment. I supported the $30 billion concerned about others making loans more fair, more efficient, and, in the lending increase this past week—I than they were about safety and sound- end, is going to give us the potential, think the Presiding Officer did as ness. We all know in this Chamber that in terms of the reentry process, to re- well—because we know we have to do banks and credit unions regularly snipe duce recidivism and reduce crime in all we can to get small business at each other. It is almost like the Hat- communities. cranked up in our country. I supported fields and the McCoys. But in the end, The last point I would make—and I it with the understanding that if we this isn’t a bank or credit union issue; hope my colleagues will think about were going to finance $30 billion from this is a small business issue. this—with the passage of this legisla- the banking sector, the very least we So in coming to this updated, bipar- tion from the House last night, we are could do as well would be to increase tisan compromise, I have spoken to the ready. There is not any major piece of lending without costing taxpayers a Senate Banking Committee, the Treas- controversy over a piece of legislation dime. ury Department, and even the credit

VerDate Mar 15 2010 23:50 Jul 28, 2010 Jkt 089060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JY6.014 S28JYPT1 tjames on DSKG8SOYB1PROD with SENATE July 28, 2010 CONGRESSIONAL RECORD — SENATE S6355 unions’ own regulator, the National business lending. So let’s unlock credit to restore credit to Main Street. We ex- Credit Union Administration. They markets in Colorado and throughout amined how to fix the problems to have all agreed to support our com- the country. This amendment could be small business borrowing and lending promise that will safely and soundly an important part of that effort. I wish programs, having heard directly from increase small business lending by the to work with colleagues on both sides small manufacturers and other small credit union sector without costing of the aisle to quickly pass this amend- businesses and small and big banks. Americans a dime. Best of all, most ment and allow our Nation’s small Chairwoman LANDRIEU of the Small important of all, this legislation could businesses to again set our country on Business Committee has assembled a lead to large-scale job creation in my a path toward job growth and pros- powerful small business bill that home State of Colorado and around our perity in the future. strengthens our economic recovery by country. Mr. President, I thank my colleagues partnering business and government. The amendment takes the most well for their attention, and I yield the Senator SNOWE has made significant capitalized, the most experienced, and floor. contributions to this bill. There are best run credit unions that have run up The PRESIDING OFFICER. The Sen- few stronger advocates for small busi- against this lending cap I have men- ator from Ohio. ness and small manufacturers than she tioned and allows them to meet the ris- Mr. BROWN of Ohio. Mr. President, I is. ing demand for small business loans. ask unanimous consent that after ad- This bill has several provisions that When they meet those conditions, their dressing the Senate for 5 minutes, Sen- will help small business owners access regulator will then allow that small ator INHOFE be next in line. new credit, refinance existing debt, and business lending cap to slowly increase The PRESIDING OFFICER. Without open cash flow as the economy con- from the current 12.25 percent to a objection, it is so ordered. tinues to recover. maximum of 27.5 percent of total as- Mr. BROWN of Ohio. Mr. President, I Last week, we took a big step toward sets. We know these credit unions are thank the Senator from Oklahoma, and helping small businesses in this coun- the most prudent financial institutions I thank Senator UDALL from Colorado try by ending debate on the amend- around, and nobody can argue that al- for his words. ment to add a $30 billion lending fund lowing them to throw a lifeline to Each day in towns and cities across to the bill. I applaud Senator small business is irresponsible. So this my State of Ohio, small business own- VOINOVICH, the senior Senator in my amendment is a sound, surefire way to ers and manufacturers will walk into a State, and Senator LEMIEUX for their grow our economy by increasing credit bank and apply for a loan to expand work and support. unions’ ability to lend to small busi- their business. They have workers, A key feature in the bill is the State nesses. Again, I wish to remind my col- they have the capacity to grow, and Small Business Credit Initiative Pro- leagues that this is at no cost to the they have orders for sales. They want gram, a program I have worked on with taxpayers—no cost to our taxpayers. to hire more workers. Too often, Senators LEVIN and WARNER and The National Credit Union Associa- though, a creditworthy bakery shop STABENOW, along with the Secretary of tion estimates that these sensible re- owner, an auto supply manufacturer, the Treasury. This program would help forms would increase credit union lend- or a clean energy entrepreneur will be small business owners and manufacturing to small businesses by $10 billion turned away, snuffing out their dream ers whose collateral—it might be com- within the first year of enactment, and our economic recovery. mercial real estate or it might be fac- with an increase of nearly $200 million The strength of our economy depends tory equipment—depreciated during in my home State of Colorado. This is on the strength of our small busi- the recession. just an example. This new access to nesses. We know that about half of all It is the same collateral, but it is not credit is estimated to create over employees in my State of Ohio and in worth as much because of what has 100,000 new jobs nationwide. It sounds most places across the country work in happened to the economy. to me like a probusiness, projobs policy small businesses. We know that about Too many small business owners that we all can agree we need. The Na- two-thirds of jobs created in this coun- have been forced to pay higher interest tional Small Business Association and try come from small business. Whether rates on their loans, through no fault even the National Association of Real- it is to create these jobs or supply serv- of their own, because their underlying tors have gotten behind our efforts, ices to other businesses or export prod- collateral lost value due to the weak- and they are urging us to pass this im- ucts to new markets, small businesses, ened real estate market and overall portant provision. of course, rely on access to credit. Yet economy. Everybody here—I look around the bank lending dropped by $578 billion Almost daily, Governor Ted Strick- Chamber, and I see my friend from last year—the largest decline since the land and I hear from small business Oklahoma—knows what shape our 1940s. That means 60 percent of small owners who would benefit from the pro- economy is in today. Small businesses businesses in America reported they gram, along with other State-based continue to struggle to access credit as didn’t have the credit they needed to small business lending initiatives. large banks have significantly cut back meet their business needs. The bill also extends the Recovery on Main Street lending. We have all It is unacceptable that the same Act’s Small Business Administration- met business owners who have experi- banks taxpayers helped save when the backed loans, which have already enced this credit squeeze. If we are economy faltered are refusing to lend helped create more than 650,000 jobs na- going to finance $30 billion to increase to responsible small businesses with tionwide. lending, which I do support, we should good credit histories and good business Because of these loans, small busi- at least take this small step and help plans. Many of these banks are build- nesses can now create jobs and gen- small businesses at no cost to taxing massive reservoirs of cash rather erate tax revenue for communities payers. than making simple loans or extending across Ohio, at no cost to taxpayers. So as I close, I wish to urge my col- lines of credit to small businesses. As a By extending these loans, startup leagues to avoid the infighting that result, small businesses are denied the small businesses could buy new equip- would have us believe this is about capital they desperately need to ex- ment, or existing small businesses can banks or credit unions because it is pand operations and hire more work- make long-term investments to expand truly about our small business sector. ers. That need is especially acute for operations. We can’t turn away entrepreneurs in Ohio manufacturers that have higher My office has held more than a dozen this economic climate. We want to cre- operating expenses, large upfront costs, SBA workshops across Ohio—in New ate jobs and begin new businesses, es- and complex machinery to maintain. Philadelphia, Chillicothe, Toledo, pecially because of our politics here in The issue of easing access to credit for Akron, Youngstown, Cleveland, and Co- Washington. I know there is not a sin- manufacturers has been simmering for lumbus—to connect more than a thou- gle Senator who wants to look a small more than a year. sand small businesses with SBA re- business owner in the eye who hasn’t For the past year, I have chaired sev- sources. Clearly, there is a demand for been able to get a loan because of an eral hearings in the Banking Sub- these types of loans, which is one of arbitrary government cap on small committee on Economic Policy on how the reasons the bill is so important.

VerDate Mar 15 2010 03:32 Jul 29, 2010 Jkt 089060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JY6.017 S28JYPT1 tjames on DSKG8SOYB1PROD with SENATE S6356 CONGRESSIONAL RECORD — SENATE July 28, 2010 Let’s not forget that 2 years ago, our suggesting—take all liability caps off. sector, but maybe this is a sector where you economy was on the brink of another If you do that, something happens that really need large companies who can bring to Great Depression. When President is bad. I hope that is not the intent of bear the expertise and who have the where- withal to cover the expense if something Obama took office, we were losing the authors of the bill that came out goes wrong. 700,000 jobs a month. Today, we are last night. But what you do by taking She is saying that only big oil and growing the economy—not fast enough, the cap off is you limit who is going to China should be able to produce in the and there is not enough job creation to be able—once the moratorium is lift- gulf. The problem with this is, every- hire everybody back who lost their ed—to drill offshore to the giants. body understands—certainly those Sen- jobs. We know that. And there is not We have five big oil companies—the ators, Democrats and Republicans, enough job creation to hire high school big of the bigs—and everybody is talk- from Texas, Louisiana, Mississippi, and college graduates and young men ing about BP, the one responsible for Alabama, and Florida all understand and women returning from service in the most devastating spill in our his- what the problem is here in terms of the military. We are growing, but we tory. If you take the cap off, that al- jobs. If you stop the independents from are not growing the economy at the lows the BPs and the nationally owned producing out in the gulf, it not only speed we need. We need to continue the oil companies to drill. In other words, makes us more dependent upon foreign growth. we have independents all over America From the Recovery Act, to the that have the capability and are pro- countries, or our ability to run this health care bill, to financial reform, we viding jobs in the gulf, to all the Gulf machine called America, but it does are helping small business owners States. If you come along and, all of a away with jobs. The IHS Global Insight came out achieve the American dream of entre- sudden, say you cannot do it now be- with a study that said if you do this, preneurship, while rebuilding the econ- cause you cannot comply with this, the gulf region would lose over 300,000 omy along the way. there is a serious problem. jobs by 2020. That is the IHS Global In- Through the Small Business Jobs We have a solution to that, where oil sight. People don’t argue with their Act, more small business owners can companies would be putting into a credibility. walk into a bank and receive the loans fund—some of you might remember, 20 This is probably one of the biggest they need to expand operations, hire years ago, the Exxon Valdez oilspill. I job loss bills we could have. I don’t new workers, and get our economy remember going up there 20 years ago. think it will pass, but if it did, that back on track. That was a devastating thing. We are would be the problem. I yield the floor. still feeling the damage that came I am going to address one more thing The PRESIDING OFFICER. The Sen- from that spill. When I got there, in this bill, and that is the technique of ator from Oklahoma is recognized. something interesting was happening. hydraulic fracturing. Hydraulic frac- ENERGY The far-left environmentalists, who turing is a system whereby they go Mr. INHOFE. Mr. President, first, let wanted to shut down all kinds of drill- down—here is the aquifer here, 400 or me state that I have a great deal of re- ing all over America and elsewhere, 500 feet below the surface, and about 2 spect for my friend from Ohio. I cannot were up there celebrating. I said: What miles down—they drill down through agree, however, with the things this are you celebrating? They said: We are that and use the hydraulic fracturing administration has done to pull us out going to parlay this spill—20 years in order to get the close formation of of the recession. A lot of people believe ago—into stopping drilling on the oil and gas so they can produce that. the Federal Government can do that. I North Slope. I said: Why would we do Without that, they say—and I think look at the institutions, and I say to that? nobody disagrees with this—we are not the Chair, I have people who come into That was a transportation accident. going to be able to produce natural gas. my office and it doesn’t matter what If you remember, that was a ship that Everybody is talking about natural gas industry they are in, they are all came in carrying oil from foreign coun- and how we are going to need more and scared to death. It is a mentality that tries. They had the accident, and we more of it, how we would develop our the Federal Government can take these had the devastating spill. But if you potential and the shale potential par- things over and somehow make them stop us from developing our own do- ticularly, and we can do away with better. mestic resources, we are going to have having to be dependent upon countries This administration is attacking to transport more oil from other coun- such as Venezuela and countries in the every institution that made this countries. The incident of a potential oil- Middle East for our ability to run the try great right now. I don’t care if you spill would be much greater if we are machine called America. So we have are in banking, insurance, health care, transporting that much. They said: We this methodology called hydraulic frac- or the oil businesses—all of them are are going to do it anyway. turing. The first hydraulic fracturing under attack. There is a myth out I saw the same thing when the oil- was done in 1949 in my State of Okla- there that if the Federal Government spill took place a few months ago in homa. That is 60 years ago. There has takes it over, it will be run better than the gulf. All the people down there never been one incident of contamina- it would when run by the private sec- were almost celebrating, saying: We tion of water since that happened. tor. That is a prelude for the thoughts are going to parlay this into stopping I am going to show you this. This is I want to share concerning what hap- all oil production offshore, and maybe not me saying this; this is the EPA Ad- pened last night after 10 o’clock. even beyond that. That is essentially ministrator, Carol Browner: The majority leader, Senator REID, what the far left wants to do. There is no evidence that the hydraulic came out with a type of energy bill, I Here we have this bill that came out fracturing at issue has resulted in any con- suppose you could say. He has been last night, which takes the caps off so tamination or endangerment of underground talking about an energy bill for quite that the only ones left—I call this the sources of drinking water. some time. What I have seen in the bill big oil bill. If we were to pass what Ever. Again, that is Carol Browner. that is called an energy bill—I can’t came out of the majority leader’s office This gives you an idea of where all this speak too specifically about it, because last night, it would only allow giant oil shale is. If you look at this—and I re- it didn’t come out until late last night. companies, and maybe nationalized member talking about hydraulic frac- But we know this: First, they start off ones, to do the drilling. This is a huge turing at some length some time ago, by taking off any liability cap on drill- thing. and Senator DORGAN, from North Da- ing, whether it is in the gulf or else- The statement I am making—by the kota, came in and said he agreed with where. That is my understanding. way, I have to quote someone I don’t everything that INHOFE said. Obvi- The problem we have—and some of often agree with, and that is Carol ously, this is Bakken shale up here. the people in this Chamber might re- Browner, the head of the EPA during This chart shows the extremely large member that I had occasion to come to the Clinton administration, and now potential all over the country. Last the floor and object to the Menendez the environmental czar in this admin- July, I addressed the Senate for 30 min- request about four different times in istration. She said: utes on this invaluable technique to ac- the last month, because what he was So it will mean [talking about this subject] cess natural gas and oil reserves attempting to do is what this bill is that you only have large companies in this throughout the country.

VerDate Mar 15 2010 23:50 Jul 28, 2010 Jkt 089060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JY6.019 S28JYPT1 tjames on DSKG8SOYB1PROD with SENATE July 28, 2010 CONGRESSIONAL RECORD — SENATE S6357 While the country is at nearly 10-per- Government isn’t running something— This bill was drafted last night at 10 cent unemployment, access to these re- this is an obsession, where the Federal o’clock in spite of the fact that we do serves means good news for jobs. I pro- Government has to run everything. not have any results back from that vided some examples of the thousands When I was mayor of Tulsa, we had a study. Even if one wanted to believe so of jobs and billions of dollars in royal- guy, a police commissioner, and he had badly and did believe this is a problem, ties, State tax revenues, and economic a saying that ‘‘if it ain’t broke, don’t let’s at least wait for the study before activity shale plays, such as the fix it.’’ This hasn’t been broken once in composing new legislation. Barnett shale in Texas, Woodford shale 60 years. At a press conference, some- Natural gas development brings bil- in Oklahoma and Arkansas, and body talked about, well, didn’t this lions in private investment and mil- Haynesville shale in Louisiana and, as happen in Nevada once? Well, I have no lions of jobs to America. This country you can see, all over America on this record—neither does Carol Browner— cannot afford to limit the production map. that there has been contamination as a of its domestic energy resources due to People are talking about big oil or oil result of hydraulic fracturing. unfounded rumors of environmental in some negative context. There are Proponents of this language argue damage and the usual hysterical claims hundreds of thousands of royalty own- that it is needed because fracking con- from extremist environmental organi- ers around the country who would be taminates groundwater. As the ranking zations looking for the next crusade be- shut down if we try to close down this member of the Environment and cause cap and trade is dead. methodology called hydraulic frac- Publics Works Committee, I have Let me repeat that. It was 13 months turing. This 60-year-old technique has asked the USGS and the EPA’s Assist- ago that I made a statement from this been responsible for 7 billion barrels of ant Administrators for both the En- podium that for the next 12 months, oil and 600 trillion cubic feet of natural forcement Office and the Water Office people are going to say: We are going gas. The National Petroleum Council in testimony in front of the Environ- to pass some cap-and-trade legislation. reports that 60 to 80 percent of all wells ment and Public Works Committee I said: We are not going to because it in the next 10 years will require hy- whether they are aware of any docu- is dead. How many people, particularly mented case of water contamination draulic fracturing to remain productive the newly elected Senators, want to go due to hydraulic fracturing. They could and profitable. In other words, it is al- back to their States and say: Aren’t not name one. That is because there most all of them that will require hy- you proud of me? I voted for the largest isn’t any. tax increase in the history of America. draulic fracturing to be competitive. These officials are not alone in this In Oklahoma, we should know. The That would be cap and trade. opinion. President Obama’s energy czar first hydraulic fracturing was near Cap and trade is dead. Yesterday, the agrees with me. In 1995, as EPA Admin- Duncan, OK, in 1949. Very simply, it is White House made some kind of state- istrator, Carol Browner wrote in re- the temporary injection of mostly ment that if we can get something sponse to litigation that Federal regu- thrown into conference and then have a water with sand, nitrogen, carbon diox- lation is not necessary for hydraulic lameduck session after all these faces ide, and other additives to fracture and fracturing. She correctly made the have changed, we are going to try it prop open a ground formation to im- point that the practice was closely reg- again. It is not going to work. It is prove the flow of oil and natural gas ulated by the States and that ‘‘EPA is dead. through rock pores and increase oil and not legally required to regulate hy- Let’s look at what came out last gas production. Ninety-five percent of draulic fracturing.’’ Most importantly, night and study it. We have not had the fluid is water, and 99 percent is she further wrote that there was ‘‘no time to do that. We have not seen the water and sand. evidence that hydraulic fracturing re- exact language yet. It was not drafted New reports over the last 2, 3 years sulted in any drinking water contami- until 10 o’clock last night. When they reveal some of the highest totals ever nation’’ in the litigation involved. We of natural gas in the United States. are talking about something that is come to the point where they say they These reports demonstrate that at 2 not broken. are going to do something to change quadrillion cubic feet of current de- It clearly is necessary for us to get hydraulic fracturing, that would be mand, we have enough natural gas for all of this out to run this machine critical. That is one thing that would us to keep America going for the next called America. As we can see, this is kill the development and production of 100 years. That is the significance of not a partisan Republican issue; Demo- natural gas to run this machine called this. If you do this and do away with crats alike understand the importance America. that process—hydraulic fracturing— of hydraulic fracturing. I yield the floor and suggest the ab- that will shut it down. So we are talk- When I spoke on the floor last July, sence of a quorum. ing about now we have the potential to as I mentioned, Senator DORGAN from The PRESIDING OFFICER. The supply enough natural gas to run this North Dakota followed my comments clerk will call the roll. country for the next hundred years. saying that he agreed with my assess- The assistant legislative clerk pro- That is how significant this is. ment that not only is fracking needed ceeded to call the roll. Due to new natural gas shale plays to access new reserves, such as the Mrs. LINCOLN. Mr. President, I ask all over the country, new studies dem- ones in the Bakken shale in North Da- unanimous consent that the order for onstrate recoverable reserves of nat- kota, but that he is not aware of any the quorum call be rescinded. ural gas to meet the current demand groundwater contamination from the The PRESIDING OFFICER. Without for at least the next hundred years. practice. I appreciate the fact that he objection, it is so ordered. By the way, a report that came out is outspoken in this area. HEALTHY, HUNGER-FREE KIDS ACT shows that the United States is No. 1 in It is also extremely important to Mrs. LINCOLN. Mr. President, I come terms of recoverable reserves. We are point out that Congress has already to the floor today to speak again, as I talking about gas, natural gas, oil, and tasked EPA in law to study the effects did yesterday, on the committee-passed coal. of any hydraulic fracturing on water children’s nutrition reauthorization Some Democrats may argue that this quality and public health. The EPA has legislation. Before I do, I ask unani- section 4301 is only a disclosure provi- already begun using $4.3 million for mous consent that my colleague, Sen- sion of the chemicals used in the hy- this effort, which is being led by Dr. ator CHAMBLISS, be able to speak for 5 draulic fracturing process. That is not Robert Puls, who works in EPA’s minutes following my speech. true. State regulators have safely and Groundwater Research Laboratory The PRESIDING OFFICER. Without effectively regulated hydraulic frac- based in Ada, OK. I encourage this objection, it is so ordered. turing for the past 60 years, as was study. We know there has not been any Mrs. LINCOLN. Mr. President, I come stated by Carol Browner. State rules, problem. I want to make sure we can to the floor today again to speak about such as in my State of Oklahoma, re- put the final nail in this coffin, that our committee-passed bill, the child quire disclosure of chemicals. What people somehow think hydraulic frac- nutrition reauthorization, and cer- this provision is about is a new EPA turing contaminates water. This is a tainly the critical need for us to pass Federal control. Somehow this admin- way to do an independent study. Let this legislation before child nutrition istration thinks that if the Federal the government study it. programs expire on September 30. Most

VerDate Mar 15 2010 23:50 Jul 28, 2010 Jkt 089060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JY6.020 S28JYPT1 tjames on DSKG8SOYB1PROD with SENATE S6358 CONGRESSIONAL RECORD — SENATE July 28, 2010 people know we do not move at break- healthy meals that meet program also known as the Child and Adult Care neck speeds in Washington, and we guidelines. This provision will invest Food Program. Our bill expands this have very limited time between now roughly $3.2 billion in additional program so afterschool sites in every and September 30. In that time, our money over the next 10 years. That is State can offer children a full, healthy children will be going back to school. over $300 million per year in additional meal so they do not have to go hungry They will be going to their respective revenue for our schools. That is mean- in the afternoons as parents are work- schools across this country, and we ingful to these schools that are working and, at the end of their work day, will have missed an opportunity to im- ing diligently to try to provide the having to pick up their children and prove their lives in that school and in healthiest meals possible for all of our then trying to get home to feed them. that community, to improve their children. If we do not pass this bill, 29 million health and well-being through greater I toured a lot of our schools during nutritious afterschool meals will not access to free and reduced lunches some of the breaks we have had this be served to hungry children. and—not summer feeding programs but year and listened to some of those food Other provisions in our bill expand our breakfast programs, as well as the service folks who work hard day-in and and improve the use of direct certifi- nutritional value of those meals. day-out trying to come together and cation for free school meals through I hope all of my colleagues will join figure out how they can meet guide- the SNAP and Medicaid Programs. me in helping us move our child nutri- lines and provide the healthiest foods There will be 120,000 eligible low-in- tion bill forward. The bipartisan possible to our students and to our come children each year who will not Healthy, Hunger-Free Kids Act will children and to do so on those 1973 dol- receive quality meals if we neglect our make a tremendous step toward ad- lars. One of the things I found, which is responsibilities and fail to pass this dressing the childhood hunger and obe- amazing, is that many of them are still legislation. Again, as I mentioned yesterday, I sity crisis in our country and put us on using 40-, 50-year-old equipment, which means they are having an even harder think of the mountain of paperwork a path to significantly improving the that comes home from school in the health of the next generation of Ameri- time not only because they do not have enough dollars to purchase the kinds of backpacks of my children at the begin- cans. ning of the school year—paperwork Congress has the opportunity to foods they feel would be healthier, but that has to be filled out that is de- make a historic investment in our they do not even have the equipment to provide the preparation of those tailed. We know that through a direct most precious gift and the future of certification program—and we know this country—all of our children, not foods. Steaming vegetables one pot at a time for 300 students is impractical. those families have already filled out just my children, not just the other that paperwork, whether it is for Med- Members’ children, but children all We look at the opportunities that exist for us to do something. However, icaid or whether it is for other pro- across this Nation. Other mothers and grams they qualify for, such as SNAP fathers, parents all across this country, if we fail to pass this bill, schools will miss out on over $300 million each or other programs—it is critical that and grandparents who are raising their we use that opportunity and those re- children, who love and care for their year, and the next generation will still continue to pay the price for the health sources to feed hungry children instead children just as much as I love and care of the staff it takes or the time of the for my children, will have an oppor- risks caused by obesity. We can see on this chart what parent or the neglect, perhaps, because tunity, when we pass this bill, to real- schools in each of our States stand to there is not enough time to fill out ize a greater opportunity for their chil- lose if we fail to pass this bill. I have that paperwork so that child could dren. looked pretty heavily at the State of have access in a dignified way to the Today, I am here to talk about what Arkansas, and I notice that the chil- free or reduced school lunch they need it will mean if we miss this oppor- dren of Arkansas will miss out on $3.5 so desperately. tunity, what it will mean for our chil- million a year that we could be pro- I emphasize again that the critical dren, our hard-working families across viding them for improving the health investment this bill makes is com- this Nation, and schools across the and well-being of our children through pletely paid for and will not add one country if we fail to pass this bill and healthier meals and through greater cent to the national debt. I know peo- pass it before we leave. access for low-income children. ple have great concern about the debt The obesity crisis America faces We look at the economy and the eco- because I do too. I know my constitu- comes at a tremendous cost to our nomic crisis we have come through. We ents do, and I know my colleagues do. health care system. Many of us do not know many working families are in In the committee, we worked hard, in a think of it that way, but it does. It dire straits. Having to go through what responsible way, to ensure that this costs us roughly $147 billion per year. they are going to have to go through to bill would be a good, common-ground We should not miss this opportunity to try to get their children into a free or area where we could come to find an in- proactively address the obesity crisis reduced lunch is unbelievable. Yet that crease for a very critical need but to and begin to relieve our health care is a great place for those children to also pay for it in a responsible way. system of those financial burdens that get a healthy meal when their families This truly is an investment, Mr. Presi- follow obesity-related disease. are suffering in these economic times. dent, in the next generation. It ensures This bill includes the first congres- I look at what some of my neighbors that our children will be healthy, and sionally mandated, noninflationary in- might receive. I notice Texas. Texas it does so without saddling them with crease in the reimbursement rate for gets well over $32 million in these in- the financial burden they cannot af- school meals prepared and served creases to help them provide for their ford. across this country since 1973. I do not children through breakfast programs Make no mistake, Mr. President, if want to talk too much because in 1973, and lunch programs in their schools we fail to pass this legislation there I believe I was in junior high, perhaps. and in their school districts. will be real-world consequences. Those We have not increased the reimburse- Some of my other neighbors—Mis- statistics I just cited aren’t just num- ment rate for meals in our schools souri. I look at Missouri and I see al- bers, they are very real children. They since 1973. We know what 1973 dollars most $6.5 million. Think about what it are very real children from the age of 5 purchased and we know what today’s would mean to those school districts to the age of 18. Mine happen to be dollars purchase. We are strapping our and those school service programs to right in the middle right now, but they school districts with trying to do a bet- have those additional resources. Those are growing boys. I know how des- ter job at providing healthier meals are critical dollars that schools desperately important it is for them to get since we now know the difference it perately need to help reverse the dan- nutritious meals, and I work hard at makes in our children’s lives, both in gerous trend of childhood obesity. that. I know every other parent out their ability to learn and in their abil- All it will take is just a few hours of there wants to do the same for their ity to grow and be healthy. floor time to pass this bipartisan, fully children; real children who come from This reimbursement rate is perform- paid for legislation. hard-working families are struggling to ance based in our bill. That means Another provision in our bill expands make ends meet. These are real chil- schools only get it if they provide the at-risk afterschool snack program, dren who struggle with obesity and will

VerDate Mar 15 2010 23:50 Jul 28, 2010 Jkt 089060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JY6.021 S28JYPT1 tjames on DSKG8SOYB1PROD with SENATE July 28, 2010 CONGRESSIONAL RECORD — SENATE S6359 deal with long-term health con- The girls went undefeated in the money to small businesses across sequences throughout their lifetimes if tournament. There was only one game America. we don’t take the steps to both in- that was ever in doubt. In the final We need it. We need it across Amer- crease their availability to choices game they beat a team from Crawford, ica, and we need it in Illinois. There and, more importantly, increase their TX, by a score of 14 to 2. Undoubtedly, were over 258,000 small business em- access to nutritious meals in the there must be something in the water ployers in Illinois in 2006—that is the schools where they spend the majority down in Warner Robins because, boy, last year for which we have data—led of their day to begin with. do these girls know how to win. And by professional services and construc- Let’s take the time to pass this legis- they deserved to win. Throughout the tion firms. They account for over 98 lation. If it is a priority, we should do tournament they played with heart, percent of the employers in our State. it, plain and simple. Just a few hours is played with courage, and played with These small businesses added 93,000 all it will take. I hope my other col- sportsmanship. jobs in 2006, more than three times as leagues will look at this issue and real- In 2007, the boys Little League Base- many jobs added by Illinois companies ize that even in the busy world we are ball team from the same town—Warner with more than 500 employees. We can in here, and all the things that we do, Robins—won the world championship see that small businesses are a major taking just a few hours to focus on title, making Warner Robins, GA, the part of our job economy. Another things where we have done our work in first community in America to have a 850,000 people work for themselves, committee, where we know it is essen- baseball team and a softball team win meaning the number of people working tial, where we know it will expire, and their respective Little League World for small businesses was actually dra- when it does we will lose resources, Series championships. matically larger. that we can take the time now to get I am proud of what the girls have ac- I fear that some of the firms likely to something done and move it forward. complished, but my pride cannot com- have failed during this economic crisis So I thank you, Mr. President, for pare to that of Warner Robins, to the would have continued to do battle and this time, and I say a special thanks to State of Georgia, or to the entire Little might have prospered if they would my ranking member, Senator League community. I am also proud of have had access to credit. That is why this small business bill is so important. CHAMBLISS, who does a tremendous job the commitment shown by the parents, Yesterday, the Republican minority on the Senate Agriculture Committee. coaches, and managers, who offered so leader, Senator MCCONNELL, came to I am grateful to him for his hard work much love and support for these girls the Senate floor and questioned why and dedication, and I am a great ad- so they could achieve their dream. we would even raise the so-called DIS- mirer of all the things he does and will Softball is part of our American her- CLOSE Act, about the Citizens United continue to enjoy working with him on itage, our history. It is a sport that decision at the Supreme Court. He said any of the issues he finds before us in cultivates competitiveness, hard work, we should be on the small business bill. the committee. and speed. It is also a sport that pre- I couldn’t agree more. I hope that sense Mr. President, I yield the floor. pares children for the ups and downs of of commitment and urgency from the The PRESIDING OFFICER. The Sen- adult life because it brings together Republican side will be shown again ator from Georgia is recognized. people and builds communities. Mr. CHAMBLISS. Mr. President, I today. I am grateful to these girls not only If there are amendments, let’s bring came to the floor to speak on some- for the sense of community their soft- thing else, but I just want to say to my them to the floor, debate them in an ball team helps bring to Georgia, but orderly fashion, and bring them to a chairman that I commend her for her also for the economic opportunities vote so we can bring this bill to pas- hard work and dedication and her lead- this win is helping to bring to Warner sage. The House of Representatives is ership on this issue of child nutrition. Robins. The Little League Inter- waiting for this bill. They want to help We have worked extremely hard over national’s southeastern regional head- us move forward to help create jobs the last couple of years on this issue, quarters and stadium recently moved and turn this economy around. The and when she assumed the chairman- from Florida to Georgia, bringing hun- best place to start is with the small ship of the committee, she really put dreds of jobs to this city of 60,000. businesses across America. With 10.8 this as a top priority and I think it was Mr. President, it is my privilege to be percent unemployment in Illinois, it is the first major piece of legislation we able to give voice to the citizens of our crucial we help Illinois small busi- passed out of committee under her State in congratulating Warner Robins nesses start hiring again. leadership. Boy, did she ever work hard on a job well done and on thanking I personally thank Senator LANDRIEU to make sure that happened. these girls for the recognition and op- for her leadership. What she is taking It is a pleasure always to work with portunities they have brought to mid- are TARP funds, funds that were origi- her. She is exactly right. We have actu- dle Georgia. nally designated to go to the biggest ally modified the bill a little, even Once again, I offer my congratula- banks in America but didn’t. They though it came out of the committee tions to the Warner Robins Little were funds that were held back. What unanimously. It is totally paid for, and League Softball team on this very spe- Senator LANDRIEU is doing is claiming we are using existing farm bill money, cial occasion, and wish its players the these funds that went to these big for the most part, to pay for it. So it is best of luck as they defend their title banks and saying: Now let’s send them a matter of adjusting priorities within over the next year. to healthy banks, banks that are not good, solid, agricultural policy. Mr. President, I yield the floor. going to fail, with the understanding So I thank her for it, and I look for- The PRESIDING OFFICER. The Sen- they will loan them to small busi- ward to this bill ultimately coming to ator from Illinois. nesses. That, to me, is a good answer. the Senate floor and its passage. Mr. DURBIN. Mr. President, in just a I am disappointed with what hap- 2009 LITTLE LEAGUE SOFTBALL CHAMPS few moments Senator LANDRIEU is pened to TARP initially. To think that Mr. President, I rise today to con- going to come to the floor to talk we sent these moneys, taxpayers’ dol- gratulate the Warner Robins American about the small business bill, and I will lars, to some of the largest financial Little League Softball team on win- just say a word or two about my sup- institutions in America that were ning the 2009 Little League Softball port for her efforts. guilty of misconduct and bad judgment World Series. She did something extraordinary last and they showed their gratitude by an- They visited the White House yester- week. She is a determined Senator, and nouncing bonuses for their officers in- day, where President Obama offered the time came when she wanted to see stead of paying back the Government them congratulations, and I appreciate a fund created to lend money to small right away, is inexcusable. his hosting them in that very generous businesses. So she took to that desk The remaining funds, some $30 bil- way. I can’t imagine this will be the and grabbed her charts and stayed lion, will come into this small business last time the Warner Robins Little there all day until she got the job done. effort. I think I have heard Senator League girls come to DC as the Soft- She got 60 votes, which is a daunting LANDRIEU say the multiplier on this is ball World Series champions because task sometimes in the Senate, and a factor of 10, so there could be some they have the knack for winning. added into this bill a fund to loan $300 billion across the economy.

VerDate Mar 15 2010 23:50 Jul 28, 2010 Jkt 089060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JY6.023 S28JYPT1 tjames on DSKG8SOYB1PROD with SENATE S6360 CONGRESSIONAL RECORD — SENATE July 28, 2010 In Illinois, in Chicago, across my that Democrats are trying to ram this expansion capital to move into other State small businesses say: If we could through and Republicans have not been areas that could design plastic parts. just borrow money, we are doing well, able to offer amendments. The facts Mr. Sawyer’s existing business would we can expand, we can hire more peo- are that this bill, this small business service his debt, but without capital to ple. But even though we have a good job growth bill, has been built through expand into new markets and indus- story to tell, with banks we have al- two committees, the Finance Com- tries, his long-term business prospects ways worked with, we can’t get the mittee and the Small Business Com- would be tied to the weakening paper credit. mittee. industry. I thank Senator LANDRIEU for her I have the pleasure and honor of With this provision that was in the leadership. We are going to get back to chairing the Small Business Com- stimulus package but which has ex- this bill. As I said, as she was preparing mittee. Senator BAUCUS chairs the Fi- pired, which is in this bill—which will to come to the floor, if there are nance Committee. For the last, lit- reignite when this bill passes but not a amendments, let’s get these amend- erally, year, these two committees minute before—Mr. Sawyer was able to ments in order, let’s have a reasonable have been working to bring a bill to get a 90-percent guarantee. It allowed time to debate them, and then let’s the floor that is focused on Main the lender, North Louisiana BIDCO, to move on. Let’s get this done and pass it Street, not Wall Street; that is focused leverage its capital and provide more over to the House so they can act on it on job creation, not capital accumula- funds to meet this $700,000 loan. The before we leave next week. That is tion; focused on job creation on Main waiver of the guaranty fee added over critically important. The House, I Street through traditional, old-fash- $20,000 to available working capital. know, is hoping to wrap up this week. ioned, smart strategic lending to small In other words, instead of paying the Let me clarify one point. Although at businesses that have the potential to $20,000 to the Federal Treasury, under one point in time this $30 billion lend- grow. the provision we are passing, he paid it ing fund was to be created from unused We know there is no disagreement to himself, which is the point of our TARP funds, I’m reminded that this is that the new jobs created—the Pre- legislation. no longer the case. This fund will be siding Officer will know—will be cre- We have $12 billion in tax cuts for created independent of the TARP or ated by small businesses that do not small businesses and that is not includ- any other existing program. It will be a hoard their cash. They cannot wait for ing this fee waiver I am talking about standalone lending facility within the a better day. They have to act now. now. This is a significant amount of Treasury that will help small busi- That is the nature of small business. money to go into the pockets of small nesses access loans through commu- Lucky for us it is, because if we give business owners. Mr. Sawyer, from my nity banks. And according to the Con- them a little help, they can start cre- State, took that $20,000 and, instead of gressional Budget Office, this fund will ating that one new job or two new jobs paying a fee to the Federal Govern- not cost the taxpayers a penny—in or three new jobs. But if it is done mil- ment, we are waving those fees under fact, it will raise money to help reduce lions of times across the country, this bill, and he hired an additional the deficit. which it can be, it can make a dif- worker. I urge my colleagues to support this ference in a significant way by creating That is the point. That is the point of bill, to help Americans get back to literally the millions of jobs we need. this bill you have helped to draft. We work. If people want to know why this is a are reducing fees, we are reducing I thank Senator LANDRIEU for her jobless recovery, I would like to say— taxes, and we are targeting much need- leadership and I yield the floor. The PRESIDING OFFICER (Mr. because it seems like it is—that is be- ed capital—access to capital to small cause we have been giving a lot of businesses, which will create the jobs MERKLEY). The Senator from Lou- isiana. money to the big guys: a lot of money that lead us out of this recession. So he Ms. LANDRIEU. I understand, under to Wall Street, a lot of money to big added a new employee and he added a previous order, I have the next hour manufacturers, large manufacturers. some new product lines. to follow up on Senator DURBIN’s com- But if we would spend some time Another story comes from First ments. I would like to claim that hour today—and we have over the course of Bank and Trust. This is in Mandeville, now. drafting a bill which we have done in a LA. It is about Woolf Harris, Inc., a 14- The PRESIDING OFFICER. The Sen- bipartisan way—to get money to Main year-old company. The acquisition of a ator is recognized. Street, we might see an end to this rebuilding recently left the business Ms. LANDRIEU. Mr. President, the cession. That is the hope of all of us. short of cash. Although the national Senator from Illinois is absolutely cor- This is a description, Small Business economy turned down, residual effects rect. One of the last remaining works Jobs and Credit Act of 2010. These are of two recent hurricanes continue to that we have to do, as we try to wrap just the small business provisions— push demand for the product. It is a up this portion of the session as we small business access to credit. You plumbing supply business. Lacking move to an August work period in our will see here, this was done jointly by adequate collateral for a conventional home States and our home districts, is myself and my ranking member, Sen- loan, First Bank and Trust—again, a to get this small business bill passed. It ator SNOWE. It passed our committee 17 local trusted community bank—was has been a focus of the Democrats. It to 1, and we have almost an equal num- able to extend a $120,000 line of credit, has also been the focus of some Repub- ber of Republicans and Democrats on with a $125,000 3-year term loan for lican support. That is what I wish to our committee. It passed with over- working capital to Woolf Harris. With talk about today. I wish to make sure whelming support. This will increase the 90-percent guaranty, First Bank we understand that the team that is 7(a) loans from $2 to $5 million, in- felt comfortable taking the soft collat- following this bill is a broad team of crease 504 loans from $1.5 million to eral available to secure the loan while hundreds of organizations from the $5.5 million, and increase microloans being able to provide Woolf Harris a Chamber of Commerce to the National from $35,000 to $50,000. most favorable interest rate of 2.25 Federation of Independent Business, to It also extends the 90-percent guar- over prime. the Small Business Alliance, to the antee on loans up from 75 percent and This might not sound like a lot, but Community Bankers of America, to in- eliminates fees. to small businesses out there strug- dividual business owners around the Let me read what one business in gling, getting a loan at 2.25 points over country, as the Presiding Officer knows Louisiana says. I can probably read prime is much better and much pref- because he himself has been a great you thousands of testimonies, but let erable to having to put it on their cred- leader in this effort. The point I wish me read from one. Sawyer Industrial it card and pay 16 percent or 20 percent to make in the first few minutes of this Plastics of West Monroe has been in ex- or 24 percent or run down to the pay- hour is the tremendous bipartisan sup- istence for 32 years. It has provided day lender because they are so des- port and input that has gone into this plastic repair parts for the paper indus- perate for cash and pay 36 percent or 50 bill to get us to this point. try. Mr. Sawyer’s line of credit was percent. There is some criticism that is not canceled by his bank so he needed to If we can’t help small business now, I valid. There is a criticism out there term out his debt as well as arrange for don’t know when we can. This bill we

VerDate Mar 15 2010 00:39 Jul 29, 2010 Jkt 089060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JY6.005 S28JYPT1 tjames on DSKG8SOYB1PROD with SENATE July 28, 2010 CONGRESSIONAL RECORD — SENATE S6361 put together with bipartisan support is ginia—and I know what the Senator their challenges in dealing with SBA. supported by the Independent Commu- hears in Louisiana, with all the other Well, the current SBA team realizes nity Bankers, the U.S. Hispanic Cham- challenges Louisiana has—is our con- this is a moment of crisis, and they ber, the National Small Business Asso- stituents want us to focus on jobs. On have done everything possible to ciation, the National Federation of any historic basis coming out of reces- streamline their procedures. They need Independent Business, the Small Busi- sion, 65 to 70 percent of all the new jobs to have these tools put back in place so ness Majority, the National Associa- created come from small businesses. that the SBA can continue to do the tion of the Self-Employed, and, yes, the And while we can point to certain very important work and, candidly, U.S. Chamber of Commerce. They told positive signs in our economy right work that goes much broader in terms me this morning they are proud that now—the Dow at 10,500 from a low of of a portfolio of small businesses that their membership is actually rep- 6,500, 15, 16 months ago; corporate bal- they are now attracting to their pro- resentative—96 percent is made up of ance sheets, large Fortune 500 compa- grams than in the past. small business. So I am proud to have nies with more money on their balance I would also acknowledge the dra- the Chamber support for this legisla- sheets than at any point in recent his- matic increase in the number of par- tion. tory—good news. But if they are not ticularly independent and community- Now we need all these coalitions to hiring—and I hear from corporate based banks that are now accessing and support bringing this debate to an end. CEOs, as well, their concern that the using SBA programs. If we don’t pass We agree there are some amendments, small businesses that are in their sup- this legislation, these programs will be two or three, that could be added—on ply chain are going out of business, not dramatically cut back, No. 1. the Republican side, on the Democratic just the small businesses that would No. 2, the Senator has crafted, again, side. We could have an open debate. normally go out with a traditional re- at her committee, in a bipartisan way, But there is such a thing as amending cession, but this recession has been so a whole series of targeted small busi- a bill to death. I do not think that is deep and so hard that we have now cut ness tax cuts, a kind of accelerated de- going on. I hope it is not going on. I be- through the fat and we are into the preciation that will have the ability to lieve both leaders are working in good muscle and bone. And if we continue to write off core investments, the ability faith. lose small businesses at the rate we to focus on these job creators. How can But to the small business team out are, then the ability to create a robust we give them a little bit of a break there that has done such a good job in recovery will be dramatically stymied. right now, during these challenging building bipartisan support for this So what do we do? There is no single times, in our Tax Code? bill, I hope you will trust me when I silver bullet. And what the Senator The third bucket in this program is say that at some point the debate has from Louisiana has crafted is a menu building on a proposal the Senator and to come to an end and we have to vote of options for small businesses, to get I and others had. We actually sug- on a bill. If we do not, we will leave them that additional assistance, par- gested this to the administration last here—I do not want to be one who does ticularly in terms of access to credit, October, but they have now built in a leave here without doing one of the that will allow them to get back and do $30 billion lending program. The inter- most important things that I think we what they do best—continue to inno- esting thing about this lending pro- were sent here to do; that is, create vate, grow, and create jobs. gram is it actually, on CBO scoring, The Senator asked me what I am jobs. The people creating the jobs are scores as a net positive. So this is hearing from other Governors. Other not us, it is the small businesspeople money not only that we will recover, Governors, Democratic and Republican out there. To leave without this bill— but we will make—albeit a small one— alike, are saying that we in Congress fully paid for, $12 billion in tax relief, a profit on it, to shore up particularly have to focus on jobs. The issue of cred- reduced regulations, reduced fees, and independent and community-based it and access to credit to small busi- expansion of very popular and broadly banks and give them a direct incentive nesses is paramount to all of them, and supported programs—would, in fact, be in terms of increasing their small busi- they want to see this legislation a shame. ness lending. I see the Senator from Virginia who passed. has worked so diligently on this bill. If I was a former chair of the NGA. This Then a fourth bucket, one that I have I could, as I relinquish the floor to him, is the kind of issue where Governors of been working on—and I wish to com- I would like to ask him if he would both parties come together because we mend both my colleagues from Michi- comment, as a former Governor of the don’t see these issues simply through gan, Senator LEVIN and Senator State of Virginia and someone knowl- Democratic or Republican partisan STABENOW. They have been very active edgeable about the programs he initi- lenses. And sometimes this is the kind in this as well—which is saying: Can we ated as Governor, how this bill might of bill that, candidly, as I remember as take what is already working in the be helpful to those programs and what Governor, you kind of scratch your marketplace at a State level and build other Governors are saying about this head and say: This is kind of a no- upon it? This is the so-called Capital bill today, if the Senator would not brainer. This bill is paid for. Why Access Program. Twenty-six States in mind answering that question. would not the Congress do all it can to America already have this program in The PRESIDING OFFICER. The Sen- support small business? place, and those States that do not ator from Virginia. The Senator has outlined, and I know have it can, in effect, piggyback on Mr. WARNER. Mr. President, I appre- I was repeating some of the items, but other State programs. So there is no ciate the opportunity to join my col- I want to reinforce again—I want to need to create new bureaucracy. There league and friend, the chair of the particularly focus on one part of this is no need to create tons of new paper- Small Business Committee, the Sen- legislation, but there are really four work. ator from Louisiana, in support of this buckets here. They are, how can we ex- I hear, I say to the Senator, from my very important piece of legislation. Let pand some of the initiatives within the banking community that this par- me first of all say: In her inimitable Small Business Administration that ticular initiative is one that they are style, she has been relentless on this were put in place, particularly in the perhaps even the most supportive of be- issue. The Presiding Officer and I are trough of the downturn, to make sure cause they know how to do it, they both new Members. I think we have that these SBA programs, which have know how to access it, and it can im- seen, in our short time here, certain been vitally important to small busi- mediately generate a great deal of ad- Members who get that bit in their ness lending, are maintained—the 90- ditional lending. mouth and just will not let it go. On percent matches, some of the other Let me take a moment, at the Sen- this issue, Senator LANDRIEU has truly loan guarantee programs? ator’s discretion and time—I know this been a leader. It is an issue of para- I should acknowledge right here that is her hour, but I wish to take one mo- mount importance. I think the Administrator of the SBA, ment to explain it because I think we I wish to answer the question of the Karen Mills, has done a remarkable job have focused on the lending facility, we Senator, but I wish to first of all pref- in streamlining a lot of the processes. I focused on SBA, we focused on some of ace it by saying what I hear in Vir- have heard from banks for years about the tax cuts, but the Capital Access

VerDate Mar 15 2010 00:39 Jul 29, 2010 Jkt 089060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JY6.026 S28JYPT1 tjames on DSKG8SOYB1PROD with SENATE S6362 CONGRESSIONAL RECORD — SENATE July 28, 2010 Program has not received as much at- might want to access the lending facil- Options—none of this is mandatory. tention. Each State has slight vari- ity. It just gives us one more tool. All of this is voluntary on the part of ations, but let me describe how this So I hope my colleagues and folks the banks—all voluntary. If they want initiative works. who are watching and listening will to use those programs to lend to small Basically, the independent bank, recognize that what the Senator from businesses, they can. No one is forcing frankly, at this point is probably a lit- Louisiana has tried to create is a menu them. No one is requiring them. And if tle leery of making a loan, even to a of options because there is no one-size- they do, they can actually make a sig- relatively healthy small business befits-all in the case of small businesses. nificant profit. So it really is putting cause chances are, most small busi- Their needs are different. The banking the incentives in the right place. nesses coming out of this recession, community’s desires are different. I That is why this is not anything like their cash flows are down, and if they think she has crafted a great tool that TARP. We are not using TARP funds to have real estate as collateral, it has will dramatically help small business fund this. We are not designing it like perhaps declined in value. So while I lending. TARP. TARP was a completely dif- have great sympathy for the small If we want to go back to our con- ferent program in size, scope, and businesses that cannot get their credit stituents in the month of August and focus. TARP stands for Troubled Asset lines renewed, I also understand the talk about a real, live deliverable, if we Relief Program. It was for big banks bankers’ predicament in that small want to talk about what we have done that were failing. This is for small business credit isn’t quite as good as it in a tangible way that will get credit community banks on Main Street that was, perhaps, in 2007. back into the small business lending are healthy, so that they can lend to So how does this program work to pool, that could be delivered by Labor the small businesses that can grow benefit these small businesses? What it Day, we need to make sure we move with the money the banks lend. basically does is it creates a separate forward on this important piece of leg- Let me read a letter we just received loss reserve pool for small businesses islation. from the Lake Charles area, which is that fall into this category. What does I again commend the chair of the the southwestern area of Louisiana, that mean? If a small business was Small Business committee for her re- from a business, Lake Area Marine. coming to a bank, a local bank in lentless work on this issue. I hope our It says: Dear Senator Landrieu. Lake Baton Rouge or a local bank in colleagues from the other side of the Area Marine strongly supports your Martinsville, VA, wanting to borrow aisle will hear all of the various busi- substitute bill, the Small Business $100,000, the bank would charge that ness organizations across the political Lending Fund Act, and the other parts small business a couple of extra spectrum that are supporting this leg- of the bill. Our company is based in points—$2,000 or $3,000 out of that loan islation. My hope is that we can deal Lake Charles. The provisions outlined that would go into a separate loss re- with the amendments, get those will restore much needed credit to serve pool. We, with this Capital Ac- amendments dispensed with at some small business owners like me, by ad- cess Program, would then match that point during the day, and pass this bill dressing one of the primary reasons for separate loss reserve pool for, again, a today because it is very important to the extent of the depression in the matching amount of points, 2 or 3 addi- making sure this recovery we are just boating industry. By restoring the dis- tional points. So on a $100,000 loan, you starting to creep into is actually not a ruption in the recreational boating in- would have $6,000 that would be ab- jobless recovery but a recovery that dustry’s distribution chain caused by sorbed, first dollar loss, if this loan creates jobs. To do that, we have to the credit crunch, thousands of Amer- went into default. Now, the bank still have these small businesses healthy. ican jobs will be preserved or created. has to do its due diligence because if The PRESIDING OFFICER. The Sen- It goes on to say: The Small Business you eat through that $6,000, the bank ator from Louisiana. Administration’s dealer floor plan fi- has to bear the burden. But it gives you Ms. LANDRIEU. Mr. President, I nancing—which is part of this bill—is a a little cushion there. It takes that wish to thank my colleague from Vir- critical component, helping, as I said, marginal credit and makes it credit- ginia for that explanation and for his to raise the cap, from $2 million to $5 worthy during these challenging times. commitment to this bill and this ef- million. Think about this $100,000 with that fort. He was an extremely successful We have hundreds of letters. This $6,000 loss reserve pool taken times a Governor before he became a Senator, happens to be from a marine business, hundred or times a million. You could and I say ‘‘successful’’ measured by the but there is floor plan financing for have a $100 million basket of small way those of us in public life are meas- other businesses where large inven- business loans with a $6 million re- ured: by results. He left his State with tories are required. Although lots of serve, and suddenly you have a very a surplus. I know he did not do that people do buy products in the house valuable tool that can be used by banks singlehandedly, but it is a great feat from the Internet, as you know, mil- across the country. these days to leave office with a sur- lions of consumers still like to go to The roughly $1.4 billion, $1.5 billion plus, and he did, with very high ap- the showroom, they like to touch and that is in the legislation in this pro- proval ratings and with a reputation as feel and drive and see before they buy gram, it has been estimated it will be being very strong on fiscal matters. I a car, buy a boat, buy other products. leveraged. And I know ‘‘leverage’’ is a think that is what our Congress needs. Many of these businesses in all of our bad word in this Hall at this point, and I thank the Senator so much for his States have seen their lines of credit I particularly have pointed out some of help on this bill because that is exactly evaporate, just go away. This bill is a the concerns of overleveraging. But be- what people are looking for—a smart, lifeline for them. cause the person who is receiving the strategic way to move big pieces of leg- So I thank the business owners, such loan is putting up money and we from islation forward but with our eyes on as Jerald Link, who sent me this let- the government side are putting up the bottom line and our eyes focused ter, and the thousands of business own- money, we actually double every dollar on results, not bureaucracy, not regu- ers around the country who have said, we put out, and on an actual dollar lation, not additional rules, et cetera, yes, let’s pass this bill now. basis, we are going to be leveraging the but real results. I see my colleague from Michigan. He Federal dollar commitment 20 to 30 That is the way this bill was built. It also helped to craft a section of this times. So that means this $1.4 billion, was built with, as the Senator said, bill. I would like him to explain the $1.5 billion can create $50 billion of ad- menus and choices, not one-size-fits- importance of that particular section ditional small business lending. Think all. We did not say: There is one way to which has to do with supporting weak- about the power of this tool, a tool save small business in America, and ened collateral in States such as Michi- that banks are familiar with, a tool this is what we are going to do. We gan, States such as Nevada, probably that already exists in 26 States, a said: We have heard a lot of good ideas. Florida, where they have seen such a short-term shot in the arm for an awful Let’s try to put them together in a depression of real estate prices. Thank lot of small businesses that might not bill—some strategic tax cuts, some re- goodness not so much in Louisiana, al- prefer to use the SBA program, might duced regulation, some reduction in though the spill and the moratorium not want to go through a bank, that fees, and some options for capital. are giving us fits at the moment. But

VerDate Mar 15 2010 00:39 Jul 29, 2010 Jkt 089060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JY6.027 S28JYPT1 tjames on DSKG8SOYB1PROD with SENATE July 28, 2010 CONGRESSIONAL RECORD — SENATE S6363 last year our prices held pretty well. In cent job loss in the last year. This is a thank-you, a thank-you to Senators Michigan, in Ohio, Florida, Nevada, from the national employment report. SHERROD BROWN, STABENOW, WARNER, California, these assessments col- People need to know—and it is star- BAUCUS, SHAHEEN, BEGICH, MCCASKILL, lapsed. Small businesses were trying to tling—that 81 percent of the jobs lost and others who have worked so hard function and were asked to put up col- in America were from small business. with me on a very major provision of lateral, and did. Then the banks came Only 19 percent were from large busi- this bill which I will now spend a few a long and said: Mr. Jones or Ms. ness. The dramatic dropoff in employ- minutes describing in detail. Smith, you have collateral, but it used ment has come from small business. If Senator LANDRIEU made reference to to be worth $500,000. Now the assessors we do our job right on this bill today a significant fact in this recession; that are out there, and it is only worth and tomorrow—not in September, not is, the value of real property has gone $200,000. We are pulling your loan. next week but today and tomorrow—if down. Almost all of our houses are as- If we don’t do something to fix that, we do our job in the Senate, it will give sessed at less now than they were a few they are going to lose their business. It the House enough time to deal with years ago. I don’t know if that is 70 is that simple. This is not complicated. this before they go home, and we can percent or 80 percent, but it is a high It is horrifying, it is painful, but not give relief now. The pain is so great. percentage of homes that have lost complicated. The times are so desperate. They are value because of the recession. The Senator LEVIN worked hard and came not getting better. This is the bill that home is exactly the same home, it is up with an innovative solution. Hope- will jumpstart, jolt, be a catalyst. either maintained well or not, the way fully, he will speak about how this pro- We have tried other things this year. it was before the recession. This is true vision will technically work in Michi- Some things have worked; some with businesses. gan and throughout many of the haven’t. But there is great confidence In all of our States, when we go home States. that this bill we are putting forward the thing we hear about more than I, again, wish to read into the now will do the job. It is not one size anything else is jobs—get credit flow- RECORD some of the specifics about this ing to small businesses that, through initiative and talk about job creation fits all. It is not mandatory. It is a no fault of their own, are unable to ob- by small businesses. First, to reiterate, smart, strategic, voluntary, public/pri- tain credit; not because they are not there is great support for this bill, in vate partnership which makes so much creditworthy, not because they don’t large measure because it is not like sense in this day and age. I see others who may want to speak. have customers, but because the collat- TARP. It is not funded with TARP eral for their line of credit has gone moneys. It is completely different—dif- Then, hopefully, we can get to a vote in down in value because of the recession. ferent focus, different scope—than the next few hours. I yield the floor. It hasn’t gone down in value because it TARP. What it does do is create a The PRESIDING OFFICER. The Sen- isn’t maintained. It has gone down in small business lending fund to banks ator from Michigan. with less than $10 billion in assets. value like most other businesses and Mr. LEVIN. Mr. President, I con- TARP, although some of the money did industries on the same block or in the gratulate Senator LANDRIEU and thank go to middle-size and small banks, same community because the recession her. I am on the Small Business Com- most of it was taken by the big banks, has reduced the value of these real as- mittee. I serve with her on the com- worth billions and billions of dollars. sets. mittee and others. I have watched her The part of the legislation I have fo- This is only for small banks, $10 billion extraordinary talent flourish as chair cused on is called a State small busi- or less. There are about 8,000 small of the Small Business Committee. community banks in America. The ness credit initiative. It provides cru- The bill before us does something we SBLF, Small Business Lending Fund, cial funding to State and local pro- all say we believe in; that is, support is performance based, unlike TARP, grams that expand capital access for small business. Every Member of this which we sort of gave the money and small businesses. We have lots of com- body has pointed out something which said: Do what you need to do with it. panies in all of our States that have the Senator from Louisiana knows and This says: If you take the money, you stayed open. They have customers, reflects in her work; that is, the engine need to lend it to small business. When they have business. Indeed, in many in- you do, we will give you a discounted of jobs is small business. We all say stances, they have more customers rate so your bank can make more that. Most of us believe it. I hope all of than they are able to handle and want money, and the small business can us believe it, if we say it. It is not a to expand. I will give a few examples of make more money. partisan comment. This is a jobs bill how that has happened in my home The most important part, equally im- which should get bipartisan support. State of Michigan, and I believe it is portant, the taxpayers can be repaid. Some of the jobs efforts have not. But true in other States. The customers are This program doesn’t cost the Federal this bill, because it is focused on small there; the creditworthiness is there. We Government money or the taxpayers business and because that focus has have many examples of businesses that money. It will make $1.1 billion, ac- been supported so regularly by Repub- have never missed a payment on money cording to the CBO score. This is what licans and Democrats, will pick up they owed to the bank down the street I call smart government. This is not some Republican support, I hope. It de- or in their community. They are cred- big or little government; it is smart serves that support. itworthy. government. It is leveraging the power Senator LANDRIEU has reached out to The problem is, because the banks re- and assets of the Federal Government. try to obtain that support for this bill. quire a certain ratio of collateral to There are many to be proud of. It is I hope she succeeds. In addition to the amount of the loan, that ratio can- using it to support Main Street so that thanking her for her great work on this not be met because of the collateral’s jobs can be created, the recession can bill, I wish to note the work of the Pre- loss of some value in the recession. end, people can get back to work, busi- siding Officer who worked very hard on A couple success stories are a power- ness can flourish, and then we can a provision of this bill. As a matter of ful argument for expanding these pro- work our way out of the terrible deficit fact, he has worked so hard on other grams which are in 30 of our States, situation we inherited. This recession provisions on other bills which have re- and other States will be able to follow called for additional spending which cently passed this body and been signed these programs and pursue these pro- was necessary, although it is troubling. into law. But Senator MERKLEY is actu- grams as well when this bill passes. In this case we are going to make ally the key sponsor of a provision In Saline, MI, a company called Sa- money on this program for the tax- which I will not be focusing on but line Electronics makes electric circuit payer. which I believe has either already been boards. They are good at it, and they It also supports a new small business discussed or will be. are so good that in 2009 the company credit initiative, as Senator WARNER I commend Senator MERKLEY for his began to plan for an extension of their explained. It is going to save taxpayers great work on this bill with that par- facility because it was too small to $1 billion. ticular provision. handle increased production. However, One of the most important compo- I wish to begin my description of the it hit a roadblock when the recession nents of this argument is the 81-per- part of the bill I have focused on with came.

VerDate Mar 15 2010 00:39 Jul 29, 2010 Jkt 089060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JY6.039 S28JYPT1 tjames on DSKG8SOYB1PROD with SENATE S6364 CONGRESSIONAL RECORD — SENATE July 28, 2010 Just as the company was exploring amount than is in our bill. On the eliminating the Small Business Admin- their expansion possibilities, the reces- other hand, we have a significant istration loan fees, and so on and so sion battered down the value of their amount in this bill, and I thank Sen- forth. real estate. Their building fell in value. ator BAUCUS—that even though it was These are terrific provisions to assist So, again, they had good credit and not to the amount the House put in for small businesses. But I wish to particu- great demand for their product, so their bill, it is a significant portion of larly speak to two additional parts of much so that they wanted to expand, that, and we are appreciative of his this bill. One is the Small Business but the value of the collateral it could support for this provision. Jump Start Act. This is intended to offer in applying for a loan had shrunk. So there are a lot of other provisions help businesses get started in their That logjam carried a real threat that in the bill that are worth commenting first year. Under this provision, it al- good-paying jobs for American workers on, and, obviously, we are supporting, lows the deduction not of $5,000 in would be going overseas instead. including the Small Business Job Cre- startup expenses but of $10,000. So it is We have a collateral support program ation and Access to Capital Act, which a doubling of kind of a jump-start or a in Michigan. It stepped in to end that raises Small Business Administration boost to getting businesses off the threat. The program is designed ex- loan limits. It includes a proposal I of- ground. It is for those entrepreneurs actly for situations such as this, where fered for an Intermediary Lending who say: Here is an opportunity, and I the value of equipment or the real es- Pilot Program, which allows the SBA am going to take a big risk, and I am tate has fallen because of the recession to make loans to intermediary lenders, going to take my savings or borrow and, therefore, the collateral amount is such as business incubators, which can against my house or utilize my credit not there as it was previous to the re- then loan that money to growing busi- card in order to jump in and seize this cession and would not support the loan nesses. opportunity. because of the ratio between collateral The Small Business Lending Fund, It is giving those folks additional and the amount of the loan required by which is included in this bill, which is help in that first year, and who knows local banks. But the State has this col- the provision I referred to, which Sen- when those first-year efforts—when so lateral support program. With that ator MERKLEY, Senator LANDRIEU, our much is at risk—are going to turn into support, Saline Electronics was able to chairwoman, and Senator LEMIEUX and the successes that employ person after add 32,000 feet of production space and others have worked so hard on, is very person after person on Main Street in hired 30 new workers. There are similar similar to the Bank on Our Commu- communities throughout this Nation. examples across my State, across the nities Act, which I previously had co- The second piece I wish to address is country and, again, in the 30 other sponsored. the Small Business Lending Fund. I States that have a similar program. So this bill is the right approach be- think every legislator who has been Another example from Michigan: In cause it supports the engine of job spending time back home in townhalls Grand Rapids a company called Display growth. It is a small business bill. has heard from owners of small busi- Pack, a packaging company, got more It deserves the support of Senators of nesses, has heard the stories of how a than $1 million in financing through both parties. I hope, given the job situ- long-term banking relationship—a re- Michigan’s capital access program ation we find ourselves in and the sup- lationship in which they knew they which uses, again, very small public in- port that has been proclaimed for small could always turn to their community vestments to leverage larger commer- business across the aisle and on this bank for help—has not been able to cial loans for small businesses. That side of the aisle, we can find some yield the credit they need at this mo- particular funding created 20 new jobs good, bipartisan support for this tre- ment and not through the fault of the and saved another 125 that may have mendous initiative. community bank. The community been at risk. (Ms. LANDRIEU assumed the chair.) bank wants to lend but because the Driesenga & Associates, a small Mr. LEVIN. Again, I commend our community bank’s capital has dimin- statewide engineering firm, used the chairwoman, Senator LANDRIEU, who I ished, they are at the limit of their same program to get loans for oper- now see is the Presiding Officer, and all ability to make loans. Unless they ating capital expansion. They added 11 those who have worked with her to bring in additional capitalization, they new jobs, protecting 120 existing jobs. bring us to this point. are not able to make additional loans, This program in Michigan has used I yield the floor. no matter how good that opportunity only $24 million in State government The PRESIDING OFFICER. The Sen- might be. commitments to generate over $600 ator from Oregon. We have heard about small busi- million in private financing. That is a Mr. MERKLEY. Madam President, I nesses that, in fact, are having to rely hugely smart investment, and espe- also rise to discuss provisions of this upon their credit cards. The percent of cially so when small businesses are so bill and would like to begin by saying, small businesses in America that are starved for capital. when one gets into the details, you see currently turning to their credit cards As Senator LANDRIEU pointed out, there is a spectacular array of provi- has increased 14 percent in a single this is not big government. This is not sions that have been put together by year—14 percent more small businesses small government. This is plenty smart the Small Business Committee to as- having to rely on a credit card because government. If you can leverage $1 of sist small businesses in helping them they cannot get access to traditional Federal funds and get, in this case, $30 get themselves back on track, and, in lending from their community bank. of private funds as a result, that kind the course of doing so, get our Nation Well, this chokepoint in our system of leverage of public funding to private back on track. is essential to address because if the funding is a particularly smart invest- Particularly, I thank the chair of the small business entrepreneur cannot ac- ment. Small Business Committee, the Pre- cess credit to seize an opportunity or But as the State budgets have been siding Officer, Senator LANDRIEU, for to expand on a successful formula, then stretched and more and more busi- working in such a bipartisan manner to we will not be putting businesses back nesses have sought access to these pro- bring together the best ideas that can to work, we will not be putting citizens grams, there is an inability to meet be brought to bear in that effort to as- back to work for those businesses. So rising demand. So the need for Federal sist our small businesses. that is what the Small Business Lend- support is great. I will mention just a few of them. A ing Fund does. The State Small Business Credit Ini- 100-percent exclusion of small business There are a number of questions that tiative in the legislation before us capital gains will be big factor for help- have been raised about it. I wish to ad- would provide support for States such ing our small businesses, a carryback dress each of those. But I wish to note as Michigan and the roughly 30 other provision so small businesses can take the potential of taking $30 billion in re- States that now have them. Again, and balance out losses against former capitalization, which actually makes a States that do not have these programs profits, making the general business profit for the taxpayer—CBO estimates would have access to that Federal sup- credit not subject to the alternative a profit of $1.1 billion—and in addition port and could start these programs. minimum tax, increasing the Small will bring in additional revenue The House has approved a larger Business Administration loan limits, through the taxes on the additional

VerDate Mar 15 2010 00:39 Jul 29, 2010 Jkt 089060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JY6.039 S28JYPT1 tjames on DSKG8SOYB1PROD with SENATE July 28, 2010 CONGRESSIONAL RECORD — SENATE S6365 folks who are employed and the larger floor a coherent piece of thoughtful us, hoping we can take the right steps small business profits. So the $1.1 bil- legislation to help address one of the to help them end this recession and get lion, that is just the base. That is not major challenges in America, which is the country moving again. including the additional revenue that getting our small businesses back on I see my colleague from Texas. will flow from the success of small track? Is not this what we are being The PRESIDING OFFICER. The Sen- businesses and the restoration to em- brought here to do? ator from Texas. ployment of workers across this Na- So I applaud the Small Business ENERGY tion. Committee. I applaud the work of the Mr. CORNYN. Madam President, I So one of the questions has been: Will chair and all the members of the com- wish to speak for a few minutes on the these funds recapitalize or bail out fail- mittee who produced this type of con- subject of energy. Particularly I wish ing banks? The answer is absolutely crete aid to put Main Street back on to contrast the approach that has been not. This is a program for small busi- track, to create employment for citi- taken by the administration with re- ness, making capital available to small zens across this Nation, and, by so gard to the blanket moratorium on businesses through healthy community doing, put our Nation back on track. drilling in the Gulf of Mexico for at banks. That is a very important dis- Thank you, Madam President. least 6 months—but who knows how tinction, and there are ratings in which The PRESIDING OFFICER (Mrs. much longer that will slip—and a bet- the regulators evaluate the health of HAGAN). The Senator from Louisiana. ter approach that I think will provide a banks. They range from 1 through 5. Ms. LANDRIEU. Madam President, I way of promoting safety but also not They are called CAMELS ratings, and thank my colleague from Oregon, who kill jobs in the Gulf of Mexico, particu- only those banks with ratings of 1, 2, or has been one of the creators and de- larly in the Gulf States, including Lou- 3—that is, healthy banks—will be eligi- signers of this bill and who has been a isiana, Texas, Alabama, and Florida. ble for this program. leading advocate and tireless in his ef- There is no secret about the fact that A second question has been: Well, if forts. He has conducted probably doz- the blanket moratorium, which has we help recapitalize community banks, ens of meetings in his office with been struck down by a Federal judge as is there a possibility they will sit on Treasury officials, with Members from unjustified by the rationale given by the funds, prepare for a rainy day or a both sides of the aisle. the administration, is now being ap- rainier day? The answer is no. The pro- I have put this poster up in the pealed, so drilling activity has essen- gram is structured so that if funds are Chamber because I want everybody to tially halted—new drilling activity in lent out, then the dividend rate falls to know this is what we are talking about the Gulf of Mexico. I think there is a 1 percent. But if they are not lent out, today: small business. We spend a lot of better way to approach this. These the dividend rate rises to as high as 7 time in this Chamber talking about ideas are actually included in the al- percent. Well, that 7-to-1 distinction lots of other issues—foreign aid, other ternative we will be considering I hope means you are not going to borrow countries, big corporations, Wall as early as tomorrow. I think there is money if you do not have an intention Street—but today, in these few hours— a better way to approach this. of using it to leverage funds to lend out today and tomorrow—we are going to A few weeks ago I had the oppor- because you will be losing money, and be talking about small businesses on tunity to fly from Sugarland, TX, 200 you want to take advantage of that in- Main Street. Small businesses on Main miles offshore into the Gulf of Mexico centive to only pay a 1-percent divi- Street, I think they deserve this time, to a drilling rig called the Noble Danny dend. So there is a lot of carrot in this and they deserve our focus. Adkins. This drilling rig was sitting in in a structure that makes it illogical I know there are many other issues 9,000 feet of water, and of course it was for a bank to seek these funds in order Members of this body, both Democrats idle as a result of the drilling morato- to sit on them. and Republicans, want to solve or try rium. When fully operational, it em- A third question is: Why utilize com- to solve before we break in a few days. ploys up to 200 people, but of course munity banks to help get lending to But I have to say, we cannot solve they weren’t working because there small businesses? Why not just do it in every problem in the world in this bill isn’t any drilling going on. This par- some other direct government fashion? for Main Street and for small business. ticular rig was scheduled to drill in Well, the answer can be discerned by Some have criticized and said: Oh, well, more than 12,000 feet of water to a anyone exercising a small portion of the Democratic leadership is not allow- depth of 37,000 feet. It is one of dozens common sense. Main Street banks are ing amendments. Nothing could be fur- of rigs not doing any work today be- in the business of evaluating opportu- ther from the truth. cause of the uncertainty caused by the nities, entrepreneurial opportunities, This bill was built on amendments in moratorium. I had a chance to talk and funding those opportunities to committee—amendments by Demo- with a number of the professionals who make a profit. That is what commu- crats, amendments by Republicans, ne- work on that rig, and I have to tell my nity banks do. That is their expertise. gotiations. The Presiding Officer most colleagues my impression of being on This approach builds on the expertise certainly knows this. I see my col- an offshore rig was like my first experi- of Main Street banks to produce suc- league from Texas, and I know he will ence going to NASA. It is that tech- cessful Main Street small businesses have time in a moment. But the Pre- nically advanced and that impressive. across our country. siding Officer knows, because she is a The offshore drilling industry is a Another question that was raised member of the Small Business Com- highly technologically advanced oper- was: Will recapitalization cause banks mittee, this bill was built on a founda- ation in which many very skilled pro- to have to rush to make speedy loans tion of bipartisan support for small fessionals are working. These are typi- and not take the time to evaluate that business because we all agree we want cally high-paying jobs, as my colleague business opportunity thoroughly? The to end this recession, and the best way from Louisiana knows. My fear is that answer is it will not, because this pro- to end it is by smartly investing in the blanket moratorium imposed by gram was designed so there is a 2-year strategic alliances with community Secretary Salazar of the administra- span of time in which a bank has the banks and other lenders to get money tion, unless it is modified in a more ra- opportunity to make that transition to small businesses on Main Street. tional way, will destroy 50,000 jobs and from capitalization to lending before That is what this bill does. up. We already know that the morato- the dividend rate is locked in. So there As I conclude, I am asking Members rium has caused two drilling rigs, off- is no incentive for a rush to judgment. on both sides of the aisle: Let’s work shore rigs—which cost an incredible I ask all my colleagues: Is not this with our leaders. Let’s not burden this amount of money to lease, and, of the type of bipartisan problem-solving bill to help Main Street with amend- course, you can’t afford to have them America wants us to undertake, bring- ments that have nothing to do with sit idle and not do what they are de- ing forth, through the committee proc- small business, that have to do with signed to do. What happens is with the ess, through an open discussion—with other political objectives, et cetera. moratorium attached, two of these rigs television cameras running—the con- Let’s try to come together for the ben- we know of moved to Egypt and one to sideration of this idea and that idea efit of all of the 27 million small busi- the Republic of the Congo. Of course, being merged together to bring to the nesses in America that are watching with the departure of the rigs, the

VerDate Mar 15 2010 00:39 Jul 29, 2010 Jkt 089060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JY6.040 S28JYPT1 tjames on DSKG8SOYB1PROD with SENATE S6366 CONGRESSIONAL RECORD — SENATE July 28, 2010 workers go too, and it is a big question possible for independent oil and gas vanced rigs move overseas to work as to whether those rigs and the jobs companies from working in the Gulf of while the less-in-demand older rigs associated with them will ever return. Mexico. How do you do that? Well, it stay behind. But it is not just the people who would be by raising the liability cap, or I mentioned there is a better alter- work on the rigs such as the Noble by removing it entirely, thereby mak- native than a blanket moratorium such Danny Adkins and the other rigs that ing it impossible for independent oil as the administration has proposed, are idle now as a result of the morato- and gas companies to work in the Gulf and unlimited liability exposure which rium; it is the associated businesses of Mexico because they, frankly, can’t will basically chase off most of the that support the oil and gas industry in afford the insurance for unlimited li- independent oil and gas companies as the Gulf of Mexico, such as Sunbelt ability. Under the current regime, proposed by the legislation that we will Machine Works Corporation. This is a there is a limit of individual liability be considering tomorrow. My trip to small family-owned business I visited up to $75 million and, above that, 8 this rig and my visits with these work- which manufactures many of the tools cents on every gallon of oil imported ers and these experts in producing this that are actually used in deepwater into the United States or produced in domestic energy source have made me rigs such as the one I visited in the America goes into an oilspill trust fund even more convinced that it is an abso- gulf. We need to think of not just the which is then used to pay for anything lute mistake and really, frankly, not impact on the people who work on not covered by the $75 million liability very smart, to essentially cut off our these rigs but also everybody who sup- for the company. domestic oil and gas production from ports those efforts, including the peo- Well, if, as some of my colleagues the gulf. Senators VITTER, WICKER, and ple who supply food, people who supply have proposed, we eliminate that cap, I have introduced legislation which the machinery, people who fly, the peo- it makes it impossible for smaller com- would lift the Obama administration’s ple who work on those rigs. Everyone panies—these independent oil and gas blanket moratorium and instead would is impacted negatively by a blanket companies—to operate in the Gulf of require companies to go through new moratorium. Mexico or anywhere else. They simply safety inspection requirements and My colleagues don’t have to take my will go out of business or take their op- then to be certified by third parties, word for it. The Energy Information erations elsewhere if they can. after which the Department of the In- Administration recently projected that Let me give my colleagues an idea of terior would have to issue a permit for in addition to killing jobs, it will actu- what the job impact on that would be. continued exploration and development ally cost a lot more than that in terms In 2009, independents accounted for of our domestic oil and gas reserves in of the domestic production of oil and more than 200,000 jobs and $10 billion in the Gulf of Mexico. gas that we will have to make up for by State and Federal taxes and royalty Our legislation would essentially importing it from abroad. The depend- payments. As my colleague from Lou- limit the moratorium and make it ency we have in this country, which is isiana knows, because she was one of easier for good-faith and conscientious a true national security problem, the principal negotiators, we were able operators who are in compliance to get would be exacerbated by this morato- to get royalties which actually go to their permits approved quickly and rium, because as long as America is the Gulf Coast States for the incidental keep the rigs and jobs here at home. going to continue to consume oil and impact of oil and gas operations in the Our approach would ensure that opera- gas, until we are able to develop new Gulf of Mexico. Of course, all of that tors who are in compliance with safety forms of energy in the future, as I hope income will be lost, together with the guidelines have some deadline on when we will, we are going to continue to royalty that would be paid to the U.S. their permits would be considered and consume oil and gas in this country. Treasury, as a result of the morato- keep gulf coast residents, and particu- Right now, about 30 percent of the oil rium and certainly by chasing off these larly those who work in the oil and gas consumed in America comes from the independents. The study forecasted industry, at work, and continue to Gulf of Mexico—30 percent. that by 2020 this would eliminate produce American energy and not The Energy Information Administra- 300,000 jobs and cost $147 billion in Fed- make it necessary for us to continue to tion recently projected that domestic eral, State, and local taxes from the buy that additional amount, in addi- production will decline as a result of gulf region. tion to what we already are pur- the moratorium by an average of 31,000 The study also concluded that if chasing, from abroad. barrels a day in the fourth quarter of independent oil and gas companies are Instead of reconsidering this dev- 2010 and then by an average of 82,000 excluded from deepwater oil and gas astating moratorium, though, I know barrels a day in 2011. By December 2011, operations, the job loss would be 265,000 the majority leader has introduced a monthly oil production in the Gulf of by 2020 and $106 billion in lost tax reve- bill that would have the Secretary of Mexico will decrease by an average of nues over the 10-year period. Of course, Energy publish a monthly study evalu- 100,000 barrels a day. Assuming the we know other countries are delighted ating the effect of the moratorium. economy picks up, as I hope it will, we with this moratorium because it means Well, I have to say we don’t need a know there is going to be demand for these rigs and these operators are mov- study to know what the effect of the that oil which will need to be replaced ing to these other countries, creating moratorium is in Louisiana and in and, of course, where does that come jobs there and producing oil and gas Texas, in Alabama and along the gulf from but places which I know most of from there. coast, because we already know its dev- us would rather not have to do business For example, a recent Washington astating impact. I wish to invite my with: Venezuela, to mention one. Post article reported that Brazil, Can- colleagues, any of them who wish, to The Louisiana Mid-Continent Oil and ada, Nigeria, Angola, and Libya are come and talk to some of the folks who Gas Association estimated last May among the countries that are moving work in this industry and to look at that the impacts of the moratorium forward with drilling, lured by oil res- the sophistication and the techno- were estimated to be 80,000 barrels of ervoirs they are discovering that are logical expertise that they employ in production loss per day . That is what two to six times as big as the average producing oil and gas in the Gulf of they estimated for 2011. They estimate Gulf of Mexico reservoir. As I men- Mexico. I would be glad to help host up to 37,000 jobs will be lost, and $7.6 tioned, once these rigs leave the United them. billion in future government revenue States, leave the Gulf of Mexico, they One example, though. A seismic com- will be put at risk. That is the effect of go to places with far less stringent reg- pany in Texas is spending $250,000 a day this blanket moratorium. ulatory controls than we have here in under a contract with the leaseholder I wish to talk about a better solu- the United States, so actually the risk to explore a potential area for oil and tion, I believe, that was offered in the of an environmental disaster is greater gas, but the seismic company can’t energy legislation Senator MCCONNELL in these countries that have far more even get a permit to do the work. I introduced last Thursday which incor- lenient regulatory regimes. In fact, the don’t know how long they can hold on, porates this approach. moratorium has the perverse effect on how long they can continue to keep I also wish to talk for a minute about safety as the newest and most expen- people on their payroll if they don’t the attempts to basically make it im- sive and most technologically ad- have any work to do. Something has to

VerDate Mar 15 2010 00:39 Jul 29, 2010 Jkt 089060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JY6.042 S28JYPT1 tjames on DSKG8SOYB1PROD with SENATE July 28, 2010 CONGRESSIONAL RECORD — SENATE S6367 give. These hard-working folks who I hope my colleagues will reconsider I commend each one of these young live along the gulf coast don’t want to this misguided approach that would ladies individually: Kaylee Albritton, wind up as another statistic on a drive independent oil and gas producers Sydney Barker, Carson Carriker, Me- monthly report on the impact of the out of the Gulf of Mexico by making it lissa Cox, Sabrina Doucette, Ashley moratorium, nor do they want to add financially impossible for them to pur- Killebrew, Avery Lamb, Hannah Liv- to the 9.5 percent unemployment in chase the insurance they need in order ingston, Caitlyn Parker, Sierra Stella, this country, higher even in some parts to comply with an uncapped liability. Kelly Warner, and Chelsea Whaley. of the country; as high as 14.2 percent We know the resources will remain This is a fine group of young Geor- in Nevada. They want to work. They there in the case of another disaster, gians who went all the way in the Lit- don’t want to collect unemployment which we hope and pray will never tle League level and are about to do it benefits. They want to work, and they occur because of the oilspill liability again. In fact, yesterday, as she was want to provide for their families. I trust fund—again, funded by 8 cents on leaving the White House, President think they deserve better from their every barrel produced in America, as Obama asked her if there was anything elected officials than this blanket mor- well as every barrel imported from she had to say. Ashley Killebrew said: atorium or job-killing policies which abroad. So this isn’t eliminating a fund Mr. President, we are doing really well are going to basically move their jobs that will actually pay in the event of this year, and we are going to be back overseas. another catastrophe. next year because we are going to win The fact is we need to maintain our Certainly, we don’t ground all air- it again. That is the type of positive position in the gulf. Eighty percent of planes in America or around the world attitude in sports that separates the oil produced in the Gulf of Mexico when there happens to be a terrible air- winners from the second-place fin- comes from deepwater reserves now off plane crash. We look at the problem ishers. limits due to the moratorium. and try to make sure we understand I commend the Warner Robins Little Without this activity, production the reason why it happened, and then League softball team, young women will fall as much as 100,000 barrels a we move on and continue flying. from Warner Robins, GA. I thank the day by December 2011. To put this into I think the oil and gas industry basi- President for honoring them yesterday perspective, the United States uses al- cally operates the same way. We need at the White House. most 20 million barrels of oil a day and to make sure we understand what hap- BIENNIAL APPROPRIATIONS produces nearly 5 million barrels a day, pened in this spill, do everything hu- Mr. President, we have been going obtaining the rest from imports. The manly possible to make sure it never through difficult economic times as a moratorium will not only destroy tens happens again and make sure BP is country, not only in our expenditures of thousands of jobs; it will leave us held accountable and pays for all the but in the revenues of our citizens of more dependent on foreign oil and gas, cleanup that needs to be done as a re- our States who face higher unemploy- raising the cost of any products sult of this unfortunate incident. But ment, lower productivity, and very dif- shipped and transported, not to men- the conclusion we should reach should ficult economic times. tion travel. not be let’s shoot ourselves in the As I have watched us on the floor I think Jay Leno basically had it other foot by denying ourselves access time and again deal with paying for right when he said: to American energy and increasing our new amendments that have been pro- President Obama said today he is going to dependency on imports from abroad posed, we are all of a sudden scram- use the Gulf disaster to immediately push a and, at the same time, kill jobs along bling to find a savings here to borrow new energy bill through Congress. I’ve got an the gulf coast in the oil and gas indus- from Peter to pay Paul to patch to- idea. How about first using the Gulf disaster try and all those companies and busi- gether an appropriations bill that to fix the Gulf disaster? nesses that support the oil and gas in- hopefully keeps us out of debt but un- That ought to be our focus—pre- dustry during a time when unemploy- fortunately continues to keep us in a venting recurrences such as we have ment is already at 9.5 percent. downward spiral of borrowing. seen in the gulf—and I think we can do We can do a lot better than what the I wish to talk today about legislation that by the safety inspection mecha- majority leader’s bill proposes and con- I have introduced and have been joined nism and third-party certification and tinuing job-killing policies. We can ac- by other Members of the Senate, a bill let’s get on with the production of oil tually do it smarter and better and that has a simple proposition to it, and and gas from American sources, rather come up with a real solution rather that is that maybe as a government we than having to bring it in from abroad. than creating more problems. should start doing what the people of We need to focus on the problems and I yield the floor and suggest the ab- our country have to do—determining look at solving these problems and not sence of a quorum. how much we take in, prioritizing what use these disasters as a reason to ex- The PRESIDING OFFICER. The we spend—and get back into balancing ploit them and to grow government clerk will call the roll. our budget, while providing oversight and kill jobs in the meantime. The bill clerk proceeded to call the on what we spend to see where savings America’s energy security will con- roll. can come from. tinue to depend on oil and gas for the Mr. ISAKSON. Mr. President, I ask There is a great American who has a foreseeable future. As much as I like unanimous consent that the order for syndicated radio show called Dave the idea that we are developing new en- the quorum call be rescinded. Ramsey. I don’t know how many of my ergy resources—Texas, for example, The ACTING PRESIDENT pro tem- colleagues have ever heard him. He produces the most electricity from pore. Without objection, it is so or- started Financial Peace University. He wind sources of any State in the coun- dered. started it after he went bankrupt in try—we know that developing these al- CONGRATULATING WARNER ROBINS’ GIRLS the real estate business. He did a great ternative sources of energy is still SOFTBALL TEAM job in real estate on the way up but le- going to be a long time coming. We Mr. ISAKSON. Mr. President, I am veraged himself all the way, so when need to bridge into that new energy fu- very pleased to come before the Senate times got tough and the leverage was ture, and that bridge will continue to today and commend the Warner Rob- too difficult, Dave Ramsey went bank- consist of American-produced oil and ins, GA, girls softball team that yester- rupt. After a couple years of strug- gas. day attended the White House and was gling, he got himself back together and The question is, Will it be to the ben- honored by President Obama. built himself a large company on the efit of the American people in the form The 11- and 12-year-old girls who basis of a philosophy of staying out of of good-paying jobs and associated rev- went all the way last year and this debt and spending within your means. I enue or will the misguided policy, in- year are in the finals to hopefully do commend everybody to look at his pro- cluded in the bill introduced by the the same thing again. This team of posals, read his book, or attend Finan- majority leader, ensure that we merely young women is coached by a great cial Peace. It is really an interesting increase our imports that we need and group of coaches: Emily Whaley and concept because it works. send the good jobs and rigs overseas by her assistants, Patti Carriker and Dave Ramsey suggested that what this misguided policy? Roger Stella. you really ought to do when you get

VerDate Mar 15 2010 00:39 Jul 29, 2010 Jkt 089060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JY6.043 S28JYPT1 tjames on DSKG8SOYB1PROD with SENATE S6368 CONGRESSIONAL RECORD — SENATE July 28, 2010 into economically difficult times and oversight so we are focusing more on I submit one of the keys to stopping you owe more than you take in is sit what we are saving the American tax- the growth of debt and improving the down and say: All right, what do I payers than what we are going to spend plight of our country in the future for make? And you write that down. You to try to impress them to get their our children and grandchildren is to write down what you have to spend— vote one more time. begin spending within our means. And utilities, food, whatever it might be— We have a serious, difficult problem it takes a process such as a biennial and then see what is left over. If noth- in our country. We have a debt of $13 budget or biennial appropriations ing is left over, then you have to take trillion. I am going to be the first—not where we combine the responsibility of the things you are spending on and the first who ever said this. I am not spending with the absolute responsi- don’t have the money for and have going to let this speech end without bility of oversight. been borrowing and begin to cut it saying it. I voted against appropria- Everybody in America today during piece after piece, so that each month tions bills under President Bush, and I these difficult times is looking at and year you live on a budget that is voted against them under President where they spend their money, and not predicated on going into debt and Obama. I am not taking a target at they are trying to find savings. They living beyond your means. anybody. We all have a responsibility, are trying to find those places they can We as a country must do the same. and it is time we focused on a way to better allocate their money so they are There may be an exception, obviously, start saving rather than continuing to not going into debt, not borrowing, and for war. There may be an exception, ob- spend. not raising the prospects of debt in the viously, if there is a significant ter- I would like nothing better than that future. The American Government rorist attack or a tremendous inter- focus on savings to take place in the ought to be doing the same thing. national incident or a natural incident same election year where everybody is I voted for the supplemental for our that takes place that might demand running to be reelected to come back troops in Afghanistan last week, and some short-term appropriations. But in and do the job. We would change the we will do it again. That is a special the general expenditures of govern- dynamics and paradigm of Congress to- appropriation for our men and women, ment, we have to get back to the busi- ward a focus on savings rather than a who deserve that backing at a time we ness of spending within our means. focus on expenditures. Will it be dif- commit them to war. We are not al- How do we do that? We have 12 indi- ficult? Yes, but it is going to be a ways at war. War is a special and dif- vidual appropriations bills or an omni- whole lot more difficult very soon. Our ficult time, and we ought to give our bus bill that rolls in at the end of the country owes $13 trillion today and is troops the support they need. But in year talking about spending $3.6 tril- moving toward a number that could be every other case, it ought to be an ex- lion. We cannot do it that way. We as high as $19 trillion before the end of penditure that is based on the prior- have to have a process where we are the next decade. ities of what are the most important able to examine on what we are spend- To put in perspective how much that things we should be doing. When we ing money, quantify how much money is, I will tell a short story. I was in Al- find those things that do not meet that we are going to take in, and balance bany, GA, making a speech at the end test through oversight, that is where the two numbers so we do not go into of last year, and I referred two or three we begin the cutting process. Over debt. times to $1 trillion. time, the process is motivated toward At the end of the speech, this farmer My suggestion and what I want to savings, motivated against borrowing, raised his hand and said: Excuse me, talk about is a biennial budget or ap- and motivated for a balanced budget. I propriations, a change in the way we Senator, can I ask a question? I said: Sure. submit that we can talk about it all do business and how we do it, which I He said: How much is 1 trillion? day long, but until we put it in a believe will result in less debt, more I don’t know if you ever thought framework that brings about that type reasonable spending, and a more ra- about it, Mr. President, but when of process, we will never really do it. tional expenditure by the U.S. Govern- somebody asks you a question like The biennial budget with appropria- ment. First of all, it is predicated on that, you try to come up with a com- tions in odd-numbered years and over- appropriating for 2 years rather than 1 parison to explain, and it is hard to do, sight in even-numbered years ensures year. The appropriations years should and I had a difficult time. In fact, I we begin in an election year being ac- be the odd-numbered years, and the fumbled around, and I am not sure I countable to the electorate on what we even-numbered years should be dedi- ever did a good job of quantifying how are spending. And in those off years cated to oversight. much 1 trillion really is. when we are appropriating, we are I know the distinguished Presiding I got home and talked with my wife. doing it based on the previous year’s Officer, as I do, sits on a number of I said: I got stumped today, sweet- oversight, so we know the effectiveness committees. Every now and then, we heart. of the department we are appropriating will have an oversight meeting, but She said: What happened? the money for and whether it was more often than not, oversight gets left I said: I was on the stump in Albany prioritized appropriately the way it out because the focus is on what we are and was asked by a farmer to explain should have been. going to spend next or what project is what 1 trillion was, and I couldn’t At a time when we are focusing on going to be added to what we spend our quantify it. I didn’t know a good com- spending money, focusing on an appro- money on. That process itself builds parison. priations act which will come up this more debt, builds a bigger appropria- In her own inimitable way, she said: November after the elections, I think tions act, and never allows us to do Why don’t you figure out how many we can look this year at going to a bi- those things we should be doing; that years have to go by for 1 trillion sec- ennial budget process in future years is, focusing on prioritizing the expendi- onds to pass? so that instead of rolling everything ture of our money. I thought, that is a great idea. I got into an omnibus bill after the elec- We all know, because from time to a calculator out and multiplied 60 sections, we have a process that ensures it time we have found them, there are onds times 60 minutes to get the num- is done systematically, as it should be, savings in the appropriations. We know ber of seconds in an hour. I multiplied in odd-numbered years for appropria- that from time to time in oversight, we that times 24 to get the seconds in a tions and in even-numbered years we find dollars we did not realize we had. day. I multiplied that by 365 to get the are doing oversight, so our election is We need to make it a part of our cul- number of seconds in a year. And then based on accountability of spending ture in the Congress of the United I divided that product into 1 trillion. money, not how much we can borrow States that when the even-numbered Mr. President, do you know how and how much we can spend. years come, two things ought to be many years have to go by for 1 trillion Mr. President, I yield the floor and happening: One, Congress ought to be seconds to pass? It is 31,709 years. We suggest the absence of a quorum. doing oversight of its expenditures, and owe $13 trillion. We are at a point The ACTING PRESIDENT pro tem- second is running for office. I would where we are going to go one way or pore. The clerk will call the roll. love to see a time when running for of- another. Fortunately, we are recog- The bill clerk proceeded to call the fice is in a year when we are doing nizing that we are at that point. roll.

VerDate Mar 15 2010 00:39 Jul 29, 2010 Jkt 089060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JY6.045 S28JYPT1 tjames on DSKG8SOYB1PROD with SENATE July 28, 2010 CONGRESSIONAL RECORD — SENATE S6369 Mr. BARRASSO. Mr. President, I ask look to as one that results in people In other words, essentially telling unanimous consent that the order for having care delayed and care denied. them to go it alone. These are very dis- the quorum call be rescinded. When I look at the survivability of turbing words and a very disturbing The ACTING PRESIDENT pro tem- patients after, say, cancer in the situation now occurring in Britain. pore. Without objection, it is so or- United States, we know patients with Next, there is an article that ap- dered. cancer survive longer in the United peared in Tuesday’s New York Times— Mr. BARRASSO. Mr. President, I ask States than in Britain or in Canada, yesterday’s New York Times—entitled unanimous consent to speak as in and not because our doctors are better ‘‘Settling Down to a New Job, but morning business for up to 15 minutes. but just because people receive more Hampered by Old Words.’’ This is an ar- The ACTING PRESIDENT pro tem- timely care. ticle about the new Director of Medi- pore. Without objection, it is so or- Mr. President, I am going to quote care and Medicaid. This article by Rob- dered. from this article, but I ask unanimous ert Pear talks about the fact that the A SECOND OPINION consent to have printed in the RECORD new administrator has never had a con- Mr. BARRASSO. Mr. President, I the entire article. firmation hearing, never had a con- come to the Senate floor again today The ACTING PRESIDENT pro tem- firmation hearing and never had to re- as someone who has practiced medicine pore. Without objection, it is so or- spond to the American people through in Casper, WY, taking care of families dered. Congress to the questions that the there since 1983. I come also as the (See exhibit 1.) American people have about the person medical director of the Wyoming Mr. BARRASSO. Mr. President, this who is newly in charge of Medicare or Health Fair and someone who has article, as I said, is from the Sunday Medicaid, especially when we see the brought low-cost blood screening to Telegraph, and the headline is ‘‘Axe hundreds and hundreds and hundreds of people, looking for ways to help with falls on NHS services.’’ This is dated billions of dollars spent every year by early detection of medical problems, July 24, and it talks about some of the Medicare and Medicaid. whether it is high blood pressure or di- most common operations performed in The article says he never had a con- abetes or cancer because so often early England, including hip replacements firmation hearing and has not re- detection means early treatment and, and cataract surgery. I am an ortho- sponded publicly to critics. It goes on as a result, longer survivability and pedic surgeon, so I have done many hip to say: better care. operations, but this is what the article The White House has declined to make him So I come to the floor of the Senate says: available for an interview. today with a doctor’s second opinion Many of the most common operations—hip Amazingly, the budget—we hear so about the health care law that was replacements and cataract surgery—will be much about the Pentagon and the mili- signed by the President a little over 100 rationed as part of attempts to save billions tary budget—but, amazingly, the budg- days ago. The goal, of course, of health of pounds, despite government promises that et of Medicare and Medicaid is larger care reform was to lower the cost of front-line services would be protected. Pa- tients’ groups have described the measures than the budget for the Pentagon. Here care, to increase the quality of care, as ‘‘astonishingly brutal.’’ An investigation we have someone newly appointed, in a and to increase the access to care by The Sunday Telegraph has uncovered recess appointment, someone in charge around the country. Since this bill was widespread cuts planned across the National of Medicare and Medicaid at a time signed into law, we have heard week Health Service, many of which have already when this Congress, through its action after week of new unintended con- been agreed by senior health service offi- and the laws signed by the President, sequences. We hear the personal stories cials. They include: Restrictions on some of cuts $500 billion from our seniors on of people whose lives have been af- the most basic and common operations, in- Medicare and does it without having fected because of the law, whose lives cluding hip and knee replacements, cataract surgery, and orthodontic procedures. Plans someone come and explain to Congress have been impacted by the unintended to cut hundreds of thousands of pounds from how he plans to keep the quality of consequences of the law. budgets for the terminally ill, . . . the clo- care up or try to keep the quality of During the entire debate, I was con- sure of nursing homes for the elderly . . . a care up at a time with such cuts—not cerned if the legislation passed and be- reduction in acute hospital beds, including to save Medicare but to start a whole came law that it would be bad for pa- those for the mentally ill. new government program. tients relying on our health care sys- The article goes on: Dr. Berwick, it goes on to say, ‘‘has tem, bad for providers—the nurses and Thousands of job losses at NHS hospitals, received an honorary knighthood from the doctors in this country who take including 500 staff to go at a trust where can- Queen Elizabeth II in 2005,’’ because of care of patients—and bad for payers be- cer patients recently suffered delays in diag- his love of the British health care sys- cause I believed the law would drive up nosis and treatment because of staff short- tem. In fact, they quote him here in the cost of care, making insurance ages. this article saying, ‘‘I am romantic more expensive, and also have an im- They are cutting 500 more staff posi- about the National Health Service.’’ He pact on the taxes people would pay. So tions there. The article continues: says, ‘‘I love it.’’ I have come each week, as I do today, The Sunday Telegraph found the details of The other thing so interesting, at with this doctor’s second opinion of hundreds of cuts buried in obscure appen- this time in the history of the United things that have happened during the dices to lengthy policy and strategy docu- States, is we now have someone in past week; new things that we have ments published by the trusts. In most cases, charge of Medicare and Medicaid who learned about the health care law and local communities appear to be unaware of says that ‘‘any health care funding the plans. what is happening with trying to pro- plan that is just, equitable, civilized vide health care to so many Americans When we read on in this article, it is and humane must—’’ and he repeats but also people worldwide. very disturbing. If I were living in Brit- the word ‘‘must’’—‘‘must redistribute As part of the discussion of this ain, I would be very disturbed. As wealth from the richer among us to the health care law, there was a discussion someone living in the United States, poorer. . . .’’ about the Canadian health care system with a new person now in charge of It is no surprise that this week in a and the British health care system. We Medicare and Medicaid who has said he report out Monday, 58 percent of Amer- now have in charge of Medicare and loves what is happening in the British icans, in a Rasmussen poll, favor repeal Medicaid in this country someone who health care system, I have great con- of the health care law. Fifty-eight per- has said he is in love with the National cerns. cent of Americans favor repeal of a law Health Service, which is the British The article also says: that was forced down their throats, health care system. So, Mr. President, As well as sending more patients home to with people around the country saying I come to the Senate floor today hav- die, the paper said the savings would be no, don’t do this to us, we do not want ing come across an article in a British made by admitting fewer terminally ill cancer patients to hospital because they were to go in that direction. But this Con- paper—the Sunday Telegraph—about struggling to cope with symptoms such as gress, this body, felt it knew more than their National Health System—a sys- pain. Instead, more patients would be given the American people. tem who some in this country have advice on ‘‘self management’’ of their condi- I talked a little bit about the British held up as a model. It is a system I tion. health care system. People also look to

VerDate Mar 15 2010 00:39 Jul 29, 2010 Jkt 089060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JY6.047 S28JYPT1 tjames on DSKG8SOYB1PROD with SENATE S6370 CONGRESSIONAL RECORD — SENATE July 28, 2010 Canada where, as the President said to But they go on to say: you work on rules and regulations in us when we had our roundtable discus- Mr. Obama’s hurry would have been more Medicare and Medicaid? Those are rea- sion in January, the summit at the understandable had he not waited for more sonable questions that the American White House, he said: Everybody in than a year to select an administrator. . . . people would want to have answered, Canada gets coverage. Now the President has resubmitted yet we do not have the answers. There is a big difference between cov- Dr. Berwick’s nomination, as is the As a doctor, I go home every week, erage and care. It is interesting where general practice here, and those Mem- visit the people in Wyoming, and visit things are turning in Canada. It is in bers of this body and specifically those with doctors and nurses and patients. Regina, which is the birthplace of Can- on the Senate Finance Committee, One of the things that strikes me is the ada’s socialized health care system. want and have made a reasonable re- last report—they talk about side ef- That is where, in 1962, the bill was quest for a confirmation hearing. Still, fects. ‘‘Obamacare,’’ it says, ‘‘Could passed and the law was signed for a none has been planned. Punish Docs for Better Quality Care.’’ government-run health care system. It is interesting because the Amer- That is what I hear about the most at Now the health care plan there is con- ican people still want to know more home from doctors who are taking care tracting out CT scans to the private about this nominee, what his beliefs of their patients, saying: I do a good sector. They are contemplating private are, and what we have to go by are the job, I do everything I can. Yet the rules reforms because the government sys- quotes. I have gone through a number and regulations are going to punish me tem is failing. of them now. for doing what I know is right for my Some people say: But in Canada ev- The question comes also to what patients. erybody has a doctor. According to the questions does Dr. Berwick not want to Part of that is rules and regulations Canadian Medical Association, this re- answer. When one looks into the past, that are coming out of Medicare and port shows 4 million to 5 million people you say: He is a doctor, he is going to Medicaid and the Secretary of Health still do not have a family physician. be involved with health care, he is and Human Services who is developing By the government’s own standards going to likely have to live under the these with financial incentives dealing in Canada—and that is a government system with Medicare and Medicaid. I with patient outcomes. One of the and those are standards where they are am sure he is not going to establish things they want to do is punish people, punish physicians and hospitals by used to waiting in line, where they ex- something that is going to impact his penalizing them if a patient returns to pect long delays—even according to health personally. But that gets back the hospital after they have been dis- their own standards they are saying to the source, where Dr. Berwick has charged within a certain number of the Canadians are now waiting too long come from. It turns out Dr. Berwick does not need to worry about those days. for care. This is even after massive in- One of the finest hospitals in this things. He does not have to deal with creases in spending. country is the Cleveland Clinic, specifi- the anxieties the rest of America deals They go on to talk about how much cally relating to heart conditions. Peo- with, created by limited access to care better the care is in the United States, ple from around the world—kings, sul- and the extent of coverage. I am read- in terms of surviving cancer, surviving tans, queens—come to the Cleveland ing now from an article from Wash- heart attacks, surviving transplants— Clinic. Some fly in in their private ington, from the Examiner: because in America there is greater ac- jets. Why? Because of the quality of cess to preventive screening tests and As it turns out, Berwick himself does not care at the Cleveland Clinic—very un- have to deal with the anxieties created by higher treatment rates for chronic ill- derstandable. nesses. So Canada is rethinking their limited access to care and the extent of coverage. It is interesting, when the Cleveland system. Britain has announced they Clinic took a look at their numbers, It goes on to talk about a ‘‘special are rethinking their system under the seeing how they are likely to do under benefit conferred on him by the board new Prime Minister there, and the new the scenario that the Secretary of government. They are cutting signifi- of directors of the Institute for Health Health and Human Services says is the cantly more. Care Improvement,’’ where he came way to improve care in this country, That brings us back to Dr. Berwick, from, ‘‘a nonprofit health care chari- the clinic found—it has to do with peo- who said ‘‘the decision is not whether table organization that he created and ple with heart failure, people who are or not we will ration care, the decision which he served as chief executive offi- being readmitted to the hospital, pa- is whether we will ration with our eyes cer.’’ tients with heart failure. It is consid- open.’’ He and his wife will have health covered to be a sign of poor quality care It is no surprise that many people erage ‘‘from retirement until death.’’ when a heart patient must be re- across this country view this nominee He has now retired to come work for admitted for further treatment. the same way that a former nominee the government, to be the head of What the clinic did is they studied who received a recess appointment was Medicare and Medicaid. According to their readmission rates and they found viewed. I will quote at the time Sen- page 17 of his employment contract, that their readmission rate, in a 30-day ator Obama when he was talking about under postretirement health benefits, period, was actually much higher than a recess appointment made by then ‘‘health care coverage from retirement the national average. So they must not President Bush. He talked about the until death.’’ be a very good hospital, according to appointee, saying, ‘‘He’s damaged How many others can look for that the Secretary of Health and Human goods. He’ll have less credibility.’’ sort of benefit who are working for Services, because that is how they are That gets back to the New York nonprofit charitable organizations? being judged. Times headline, ‘‘Settling Down to a Maybe he does not want to answer But when you look at the Cleveland New Job But Hampered By Old Words.’’ those questions. The Senate has a right Clinic in terms of how the patients do, Does the public deserve a hearing for and the American people have a right how many live for much longer, what this Medicare appointee? Does the pub- to ask the questions. we find out is that the survivability of lic deserve a hearing? Do they have a I also found it interesting that for the patients at the Cleveland Clinic is right to hear what this man has to say? somebody at a nonprofit charitable or- also much longer. More people survive. According to the Washington Post, in a ganization, that that benefit of health The results are better. So if you are a headline of their July 23 editorial, care from retirement until death went patient with heart failure, you want to ‘‘The public deserves a hearing for a along with the salary he earned. His go to the Cleveland Clinic. If, on the Medicare appointee.’’ compensation in 2008—$2.3 million, in a other hand, you are somebody who This goes on and says, in explaining nonprofit charitable organization. I works at Health and Human Services his move to sidestep the Senate: think it is reasonable for people to and are just keeping the records, they want to ask the questions, where does President Obama said in explaining his are going to say: You don’t want to go move to sidestep the Senate and use a recess the $12 million in contributions come there because some people come back appointment to install Donald Berwick to from? Where are the grants? How did it into the hospital. run Medicare and Medicaid—they had some come in? What impact are those people Once again, we have a situation reasons. going to have and try to have on you as where government is saying one thing

VerDate Mar 15 2010 00:39 Jul 29, 2010 Jkt 089060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JY6.048 S28JYPT1 tjames on DSKG8SOYB1PROD with SENATE July 28, 2010 CONGRESSIONAL RECORD — SENATE S6371 and people—doctors, nurses, patients, The Sunday Telegraph found the details of A ‘‘turnaround’’ plan drawn up by Peter- families—know that the government is hundreds of cuts buried in obscure appen- borough PCT intends to make almost £100 wrong and we should trust the doctors dices to lengthy policy and strategy docu- million of savings by 2013. Its cuts include closing nursing and resi- to make the right decision. ments published by trusts. In most cases, local communities appear to be unaware of dential homes and services for the mentally That is why I return to the floor the plans. ill, sending 500 fewer patients to hospital today to say it is time to repeal and to Dr. Peter Carter, the head of the Royal each month, and cutting £17 million from replace this health care law. We need a College of Nursing, said he was ‘‘incredibly acute and accident and emergency services. patient-centered health care bill. We worried’’ about the disclosures. Two weeks ago, Mid Yorkshire Hospitals need to replace anything that is either He urged Andrew Lansley, the Health Sec- trust agreed plans to save £55 million in two insurance company centered or govern- retary, to ‘‘get a grip’’ on the reality of what years, with £20 million coming from about 500 job losses. ment centered, and be patient cen- was going on in the NHS. The Government has promised to protect Yet, a month before the decision was tered. We can do that by allowing pa- the overall budget of the NHS, which will taken, senior managers at a board meeting tients to buy insurance across State continue to receive above-inflation in- described how staff shortages were already lines, to give people who buy their own creases, but said the service must make ‘‘ef- causing delays for patients being diagnosed health insurance the same tax breaks ficiency savings’’ of up to £20 billion by 2014, and treated for breast cancer. that the big companies get; by pro- which would be diverted back to the front Mr Lansley said any trusts that inter- preted the Government’s demands for effi- viding individual incentives for people line. Mr. Lansley said last month: ‘‘This protec- ciency savings as budget or service cuts were who stay healthy, take preventive wrong to do so, and were ‘‘living in the measures, lose weight, get their diabe- tion for the NHS is protection for patients— to ensure that the sick do not pay for the past’’. tes under control, get their blood pres- debt crisis.’’ The PRESIDING OFFICER. The Sen- sure down, quit smoking—provide Dr. Carter said: ‘‘Andrew Lansley keeps ator from Delaware is recognized. those incentives because that will saying that the Government will protect the HEALTH CARE lower the cost of care. front line from cuts—but the reality appears Mr. CARPER. Mr. President, I was We need to deal with lawsuit abuse to be quite the opposite. We are seeing trusts going to talk about small business and the expenses of unnecessary tests making job cuts even when they have already admitted to being short staffed. lending and some ideas about how to provided by doctors practicing defen- get our economy moving again. I feel sive medicine. We also need to allow ‘‘The statements he makes may be well intentioned—but we would implore him to get compelled to say something. I had the small businesses to join together to a grip on the reality, because these kinds of privilege of visiting, almost a year ago, buy health insurance much more effec- cuts are incredibly worrying.’’ the Cleveland Clinic. The Cleveland tively. Katherine Murphy, of the Patients Asso- Clinic is one of a number of well- Those are the things that will work ciation, said the cuts were ‘‘astonishingly known, highly respected health deliv- to get down the cost of care, increase brutal’’ and expressed particular concern at ery systems in this country—the Cleve- the quality and increase the access. moves to ration operations such as hip and land Clinic, the Mayo Clinic, Geisinger, knee operations. That is why today I offer my second which is in Pennsylvania, Inter- opinion: It is time to repeal and replace ‘‘These are not unusual procedures, this is a really blatant attempt to save money by mountain up in Utah, Kaiser this health care law. leaving people in pain,’’ she said. Permanante out in northern California, EXHIBIT 1 ‘‘Looking at these kinds of cuts, which and several others. They have dem- AXE FALLS ON NHS SERVICES trusts have drawn up in such secrecy, it par- onstrated the ability to provide better (By Laura Donnelly, July 24, 2010) ticularly worries me how far they disadvan- care for less money. Think about that. NHS bosses have drawn up secret plans for tage the elderly and the vulnerable. Better care, better outcomes, for less sweeping cuts to services, with restrictions ‘‘We cannot return to the days of people waiting in pain for years for a hip operation money. on the most basic treatments for the sick Their reputation is well known in and injured. or having to pay for operations privately.’’ She added that it was ‘‘incredibly cruel’’ to this country, along with Mayo and Some of the most common operations—in- some of the others I have mentioned. cluding hip replacements and cataract sur- draw up savings plans based on denying care gery—will be rationed as part of attempts to to the dying. So I had an opportunity to go visit, go save billions of pounds, despite government On Thursday, the board of Sutton and along with a member of my staff, promises that front-line services would be Merton primary care trust (PCT) in London Racquel Russell. We went and spent a protected. agreed more than £50 million of savings in day and actually stayed into the Patients’ groups have described the meas- two years. The plan included more than evening. It was so fascinating. ures as ‘‘astonishingly brutal’’. £400,000 to be saved by ‘‘reducing length of What we learned was that if we look An investigation by The Sunday Telegraph stay’’ in hospital for the terminally ill. As well as sending more patients home to at the health care delivery systems, in- has uncovered widespread cuts planned cluding the Cleveland Clinic I just across the NHS, many of which have already die, the paper said the savings would be been agreed by senior health service offi- made by admitting fewer terminally ill can- mentioned, try to look and drill down cials. They include: cer patients to hospital because they were on why they are able to provide better Restrictions on some of the most basic and struggling to cope with symptoms such as health care, better outcomes for less common operations, including hip and knee 7 pain. Instead, more patients would be given money, they have a lot of things in replacements, cataract surgery and ortho- advice on ‘‘self management’’ of their condi- common with one another. I want to dontic procedures. tion. mention some of them. Plans to cut hundreds of thousands of Bill Gillespie, the trust’s chief executive, said patients would stay at home, or be dis- They focus on primary care, access to pounds from budgets for the terminally ill, primary care. They like to catch prob- with dying cancer patients to be told to charged from hospital only if that was their manage their own symptoms if their condi- choice, and would be given support in their lems when they are small, easy to re- tion worsens at evenings or weekends. homes. pair, easy to cure. They focus big time The closure of nursing homes for the elder- This week, Hertfordshire PCT plans to dis- on preventive care, making sure when ly. cuss attempts to reduce spending by ration- people are the right age, they get A reduction in acute hospital beds, including more than 50 common procedures, includ- colonoscopies or they have mammo- ing those for the mentally ill, with targets ing hip and knee replacements, cataract sur- grams, and just a variety of other gery and orthodontic treatment. to discourage GPs from sending patients to tests. They use preventive medicine to hospitals and reduce the number of people Doctors across the county have already using accident and emergency departments. been told that their patients can have the catch things when they are early. Tighter rationing of NHS funding for IVF operations only if they are given ‘‘prior ap- If prescription medicines, pharma- treatment, and for surgery for obesity. proval’’ by the PCT, with each authorisation ceuticals can be helpful in controlling Thousands of job losses at NHS hospitals, made on a ‘‘case by case’’ basis. particular cases, they make sure people including 500 staff to go at a trust where can- Elsewhere, new restrictions have been in- have access to that medicine. They ac- cer patients recently suffered delays in diag- troduced to limit funding of IVF. tually coordinate care across not just nosis and treatment because of staff short- While many infertile couples living in doctors that happen to maybe be in on- ages. Yorkshire had previously been allowed two Cost-cutting programmes in paediatric and cycles of treatment—still short of national cology but doctors and nurses who are maternity services, care of the elderly and guidance to fund three cycles—all the pri- in different parts of medicine. It may services that provide respite breaks to long- mary care trusts in the county are now re- be oncology, maybe it deals with pul- term carers. stricting treatment to one cycle per couple. monary disease, dementia.

VerDate Mar 15 2010 00:39 Jul 29, 2010 Jkt 089060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JY6.049 S28JYPT1 tjames on DSKG8SOYB1PROD with SENATE S6372 CONGRESSIONAL RECORD — SENATE July 28, 2010 They do a better job working across drugstore in Seaford, DE, about a week do in terms of things that work, we medical lines than we work across or two ago and had an opportunity to have a big purchasing pool that all party lines some days. But they do a see how at the other end—in this case Federal employees are part of, the Fed- very good job of coordinating care with we will use pharmaceuticals—but this eral Employees Health Benefits Plan. different aspects of their health care is a way to use information technology We buy our health insurance from an 8 delivery system. They have gotten to drive down health care costs. million-person purchasing pool, 8 mil- away from what we call fee for service. Anybody who was ever had a pre- lion people. We do not have 8 million Here we have something called fee for scription given to them, written by a Federal employees, but if we add up all service. If the Presiding Officer, in- doctor, sometimes you look at it, you Federal employees, all Federal retir- stead of being a Senator were a doctor, read it and say: What is this? Is this a ees, all of our dependents, it adds up to and I were a patient, I would come to prescription or does this say Alpo? 8 million people. That is a large pur- see him. Every time I would come to What does this actually say? It is hard chasing pool. We buy private health in- see him, he would get paid. He would to read. My handwriting is not the surance from all kinds of private get paid for each visit. If he actually best, but I read some others that are health insurance companies. They com- owns the lab he refers me to, every even harder than mine to read. pete with each other, and it drives time he refers me to the lab for tests At the Cleveland Clinic, they do not down prices. We have a large pur- he gets some remuneration for that. If handwrite prescriptions; they do elec- chasing pool, economies of scale. The he has an interest in an imaging cen- tronic prescriptions so there is no mis- administrative cost for our purchasing ter, and I go for x rays or for MRIs or take. They are smart enough with pool is 3 percent; 3 percent for every that kind of thing, then that is called their IT system that all of their pa- premium dollar goes for administrative fee for service. tients have electronic health records. cost. What happens in a number of places So they have the full health care pic- If you go out on your own and try to in our country, not all, is sometimes ture of their patient. buy health care in the DC area or back the doctors will, in an effort partly to Not only that, if they were going to home in Delaware or Illinois or wher- make sure they do not get sued, and prescribe something, a medicine—let’s ever you are from, administrative cost partly to make sure they are doing the say a patient is already taking 10 medi- for an individual, for a family, for a best job they can to cure people, and in cines. Whatever new ones they are pre- small business, is more like maybe 23 other cases there is some financial in- scribing, their IT system looks at the percent of premiums or 33 percent. But centive, just refer people to maybe other 10 medicines. They look to see they are not 3 percent. more visits, more tests than they real- whether the new prescription is com- What we call for in our legislation, ly need. That is called fee for service. patible with medicines they are al- this new law, we want to create these That helps drive the cost of our health ready taking. They do not want to pre- large purchasing pools all across the care system. They do not have that scribe medicine that creates more country. Every State is going to be re- problem at the Cleveland Clinic. problems than actually helps people. quired to establish, by 2014, a large pur- I remember listening to an interview Also, they have the ability—a bunch chasing pool that individuals can join, on television with a cardiologist at of our leading health care delivery sys- families can join, small businesses can Cleveland Clinic, on CNN last year, be- tems—to know when a prescription has join to buy their health care. If it is a fore I went for the visit. He said: I am been ordered or that it has actually little State like Delaware, we are too a cardiologist. He said: I am here at the been picked up; that it has been filled small to have a big purchasing pool. Cleveland Clinic. I used to have my and someone is taking it. They have But under our legislation, we can enter own practice. It used to be in my old the ability to know whether someone, into an interstate compact with our practice I got paid—largely my salary if they are supposed to get refills in so neighbor, Maryland, or maybe with came out of operating on hearts. He many days, if someone actually refills Pennsylvania, or maybe with New Jer- said: People came in and they were the prescriptions and continues to take sey, or maybe with all of them and cre- overweight or bad diet, bad fitness, and the medicines they are supposed to be ate a large regional purchasing pool, be that kind of thing and just were not taking. If they do not, they get a call able to drive down administrative taking care of themselves, were not from their health care delivery system, costs, increase competition. taking the right kind of medicines. I clinic, hospital, or doctor’s office. Listen to this, to my colleague’s would urge them to do the right thing. We are getting smart enough now, point: sell insurance, health insurance, But, he said, at the end of the day, if after mapping the human genome, to across State lines. We have a four- they did not do it, I would operate on actually know what medicines—let’s State exchange or purchasing pool. The their hearts, and that is how I made say the Presiding Officer and I have the insurance sold in Delaware could be the bulk of my income. same health condition, but we have a sold in Maryland; it could be sold in He said: Here at the Cleveland Clinic, different genetic makeup. He can take Pennsylvania; it could be sold in New when somebody comes to me with a this medicine, and it will make him Jersey, and vice-versa, to drive down heart problem, at the end of the day, I well. I can take this medicine all day, costs. may operate on their heart. But we all week, all month, all year, and it My colleague mentioned we ought to work very hard to make sure they are will never help me at all. We have the incentivize people who take better care fit, that they are eating the right food. same problem, but because of our ge- of themselves. Well, Senator ENSIGN of We work hard to make sure they are netic makeup it will help him but it Nevada and I offered, and it was adopt- involved in some kind of appropriate will not help me. ed and is part of the law today, some- exercise regimen. He said: We work We are smart enough now to start thing that says employers can offer hard to make sure they are not only figuring this stuff out. We are making premium discounts to employees who prescribed the right medicines, they sure that not only people are taking are overweight and lose weight, keep it actually take the right medicines and the medicines they need to take, but off; employees who smoke, stop smok- do all of those things. they do not interact badly with other ing, continue to stop smoking; employ- He said: I get paid pretty much the medicines; that they continue to take ees who have high blood pressure, high same amount of money whether I am the medicines they are supposed to be cholesterol, if they bring it down, keep treating a patient that way or if I am taking. But we stop spending money on it down, they can receive premium dis- operating on their hearts. I probably medicines that are not going to help counts through their employer by as operate on fewer hearts today, but I people and spend that money in ways much as 30 percent for those employees think we get a better outcome for less that will help them and continue to to incentivize them to take better care money. provide the money for medicines that of themselves and be less of a health One of the things I learned at the will help someone who has the right ge- risk. Cleveland Clinic that day is all of the netic makeup. A lot of the problems we have with amazing things they do to harness in- My colleague who spoke before me health care today in this country flow formation technology for the delivery said we need to sell insurance across from the fact that we are overweight. of health care. I was in a Walgreens State lines. Well, one of the things we One-third of us are overweight or on

VerDate Mar 15 2010 00:39 Jul 29, 2010 Jkt 089060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JY6.050 S28JYPT1 tjames on DSKG8SOYB1PROD with SENATE July 28, 2010 CONGRESSIONAL RECORD — SENATE S6373 our way to being obese. Almost one- in a Republican administration, had Dr. Zandi’s counsel is: You want big third of us are obese, kids too. the President’s ear, and served us very companies to start hiring? They are We actually have done in the legisla- well in some high-level positions, in- making money. You want them to tion what my colleague was calling for, cluding the same agency, CMS. start hiring people? Address the uncer- incentivize people to take personal re- It would be smart to listen to Mark tainties. sponsibility. If they do that, they are McClellan. I think I might have So we have addressed the uncertainty better off. He also mentioned medical misheard, but I thought there was an with health care, not to everyone’s sat- malpractice reform. We actually in- assertion that Dr. Berwick and his wife isfaction, but it does a lot more good cluded in the legislation medical mal- had worked for a nonprofit and he had than bad. We have addressed the uncer- practice reform based on earlier pro- health care insurance for the rest of his tainties with respect to financial regu- posals by Senator MIKE ENZI, also from life, up to death. latory reform. I think it does more Wyoming, and Senator MAX BAUCUS. I would just think, for the folks who good than bad. Not everyone shares They are in the bill. I think they are serve here today, who served in wars— that view, but I think it does. We are going to give us a lot of good ideas of we have people who have earned the trying to address with our legislation what is working to do three things Congressional Medal of Honor for their today and this week, this month, next across the country: One, reduce med- service in World War II, folks who were month, something called tax extenders; ical malpractice lawsuits; two, reduce prisoners of war in Vietnam and a lot of tax cuts, tax credits that ex- the incidence of defensive medicine; served, gosh, 20, 30 years and more in pired at the beginning of this year, and, three, provide better outcomes. some cases in the military. They have such as the R&D tax credit and bio- We will be seeing results of some very lifetime insurance as well—not from diesel tax credit. A bunch of them are exciting things done in Delaware and being in the Senate but from the work expired and have been expired for 7 other States to be able to emulate for nonprofit; whether it was a State months. We need to provide some cer- Michigan among those other States. government or Federal Government or tainty so that businesses and families I did not come to the floor to talk local government. I do not think there know what to plan for and do. about that. But when I hear stuff like is anything that is so unusual about We need to provide some certainty so this, I say: Someone needs to set the that. Should they be disqualified from businesses and families know what to record straight. As a guy who is on the being a Senator because they have life- plan for and do. Mark Zandi said those Finance Committee, I worked a lot on time health care because of their serv- are the concerns for big businesses that the legislation and focused on, day ice or because they were Governor of a want to start hiring, to address the un- after day, month after month, trying State or attorney general of a State? I certainty, and to provide predictability to figure out how to provide better do not know if that makes a whole lot and certainty. health care for less money, looking at of sense. We said: How about small businesses? other the Cleveland Clinic or Mayo So I did not come here to talk about He said: Unlike big businesses—a lot Clinic or other entities, or looking at any of this, but I just felt compelled to of big businesses are reporting pretty other countries, such as Japan. They mention these things. big earnings levels—a lot of small busi- spend half as much for health care as Let me pivot, if I can, and just take nesses are not doing so well. One of the we do. Eight percent of gross domestic 5 minutes to talk about small business. things that small businesses need is product is what they spend. We spend Mark Zandi is an economist, a smart better access to capital. They need to 16 percent. They get better results: one too. He started something called be able to borrow money and raise lower rates of infant mortality, higher moodyseconomy.com. He comes and money, whether they want to buy or rates of longevity. They get better re- speaks to not just our caucuses, Demo- rent a building, buy new equipment for sults. They cover everybody. We have crats in the Senate, but he was, during their building, whether they want to about 30 to 40 million who are not cov- the Presidential campaign in 2008, an buy transportation equipment, trucks ered. economic adviser to JOHN MCCAIN, very or whatever, forklifts, whether they So for us to say, well, we will just go well respected. He just calls them like just need money for working capital. willy-nilly on for the rest of this dec- he sees them, calls them like he sees Small businesses need access to cap- ade or this century and pretty much do them. ital. what we have been doing, that is fool- We asked him earlier this year: Well, There is not a perfect solution for ish. Ironically, some of things that my why are we not seeing—even though that problem, but that is a big problem colleague was recommending, we are job loss is way down, where 18 months for small businesses, and access to cap- actually doing in the legislation and ago we lost 700,000 jobs a month, last ital is not the solution for every small will be rolling out and doing more in month we actually gained 50,000 or business, but it is for a number. the years to come. 60,000 jobs or so. I think that is about The legislation before us seeks to ad- The last thing I want to say before I what we are averaging for the first part dress that need for small businesses. I move to small businesses and job cre- of this year. We want to do better than will take a moment and read through a ation is Dr. Donald Berwick has been that. It is not like losing 700,000 jobs a couple items in the legislation that nominated to be the head of CMS, month. So we have made improve- commend it to the Senate and to our which is the entity that oversees Medi- ments. acting on it soon. care and Medicaid. One of the people I But we asked him: Dr. Zandi, why This bill has about $12 billion in tax most respect in trying to learn about aren’t big businesses hiring? incentives to help boost investment in health care and health care delivery, He said: Uncertainty. Businesses like small businesses and promote entrepre- finding out how we provide better out- certainty. There is too much uncer- neurship. The bill eliminates the cap- comes for less money, is a guy named tainty. He said this earlier this year. ital gains tax on small business stocks Mark McClellan. Mark McClellan, There is uncertainty about what, if for people who purchase these stocks when I first met him, was a health ad- anything, you all are going to do about this year and hold them for 5 years. viser to former President George W. health care; drive down costs, better This legislation will encourage more Bush. He ended up being the head of outcomes, drive them down. What are people to invest in small businesses the Food and Drug Administration. I you going to do about financial regu- and will help give these businesses the think for a while he was the head of latory reform, Wall Street? What are capital they need to grow and create CMS, the position to which Dr. Ber- you going to do about deficit reduc- new jobs. The legislation also allows wick has been nominated. tion? What are you going to do about more small businesses an immediate Among the people who have rec- climate change, global warming, en- tax write-off. We call this expensing for ommended Dr. Berwick highly for this ergy policy? upgrades in their buildings and equip- position is Mark McClellan, who is an What are you going to do about ment. If they buy a building, a busi- economist, who is a physician, who has transportation policy? What are you ness, they usually have to depreciate it actually run a couple of big Federal going to do about a variety of things over a period of years. This legislation agencies. I think it would be smart to but those major things I have just allows small businesses that make a listen to a fellow who actually worked mentioned. capital expenditure, whether it is a

VerDate Mar 15 2010 00:39 Jul 29, 2010 Jkt 089060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JY6.051 S28JYPT1 tjames on DSKG8SOYB1PROD with SENATE S6374 CONGRESSIONAL RECORD — SENATE July 28, 2010 building or equipment, to write it off in don’t lend any of it, they have to pay a lined the information in the small busi- the first year. That is a great incentive 9-percent dividend rate. So there is an ness legislation which we are in the to making major investments. This incentive there. process of debating, but he so elo- kind of tax break will encourage busi- Finally, we are building upon suc- quently expounded on what we have nesses to purchase everything from cessful Small Business Administration done in health care to respond to the new software and computers to build- initiatives that were part of the Recov- second opinion of our distinguished col- ings, new roofs, windows, and vehicles. ery Act. By increasing both loan sizes league from Wyoming. The Senator At the same time, it will encourage and the guarantees for the Small Busi- from Delaware did a tremendous job of hiring in industries that sell those ness Administration loans, we can help covering the health care issue and products. meet the credit needs of small busi- what is actually in the bill. It has to be The bill before us fosters the next nesses. According to a recent report by on the record. I thank the Senator for generation of entrepreneurs by tempo- the National Small Business Associa- being eloquent in that regard. rarily doubling the tax incentive, an tion, these Recovery Act programs are I am here to speak about the small existing tax incentive from $5,000 to working, and they are still greatly business legislation. I must also com- $10,000 to incentivize entrepreneurs to needed. Last week, the National Small mend the Senator from Delaware, as he start a new business. We call this the Business Association announced that covered some key points. Being a startup deduction. This increase will when the small business provisions of former banker myself, an individual help offset the high cost of launching a the stimulus package, adopted about a who actually financed companies— new company. year and a half ago, expired at the end when I was in the banking business, I These ideas, along with many other of May, Small Business Administration financed small businesses, even startup bipartisan tax breaks in the bill, will lending plummeted. In June of this businesses—I have a great knowledge encourage smaller employers to create year, the Small Business Administra- of what it takes to make sure those jobs. It will strengthen capital invest- tion approved only $647 million of loans businesses have the necessary capital ment and ultimately move the econ- to small businesses. The previous and resources in order to survive and omy forward on the road to recovery. month, before this expired, it was $1.9 provide jobs across the respective com- (Mr. MERKLEY assumed the chair.) billion in loans. It is clear—to me at munities they serve. The legislation The bill also includes what we call a least—that the enhancements to cur- before us is crucial to the recovery of Small Business Lending Fund to help rent Small Business Administration our respective communities with this our Nation’s struggling small busi- programs in the bill are critically im- recession. nesses succeed. Almost every week I portant and will help lenders provide As a public servant, I have been a visit businesses, small and large, in loans and help small businesses create Delaware. I hear over and over again, strong advocate for American small jobs in communities. businesses, especially disadvantaged especially from small businesses, the One of the things we need to do to re- same concern—access to capital. The and minority-owned businesses, believe uncertainty and get us going on cause they are the engine of the econ- $30 billion Small Business Lending the right track is to eliminate uncer- Fund in this bill addresses this concern omy. Before I was a public official, I tainty. One of the great sources of un- was a banker. I worked hard every day by providing our community banks certainty is what we do on health care. with the funds they need to increase to spur investments on Main Street. I We have done something on health worked to make capital available for lending to small businesses. We care—more good than bad. The CBO incentivize banks to increase their small businesses so entrepreneurs and tells us the actual effect on the deficit innovators could create jobs and bring lending by lowering the dividend rate is to reduce the deficit, forecasted defi- they must pay back to the Treasury as prosperity to local communities. cits by $120 billion over the next 10 Today, as a result of the harsh eco- they demonstrate an increase in small years and by roughly another $1.2 tril- business lending. nomic reality in which we are existing, lion in the years after that. So not many of these businesses are finding it We did something similar to this ear- only do we have the potential of pro- lier. We created a fund, and we essen- tougher than ever to survive. Credit is viding better health care to people who largely dried up. Capital investment is tially didn’t give the money to the don’t have it but also to do something banks. We didn’t loan the money to difficult to come by. Even as our econ- positive on the deficit side, beginning omy begins to move forward toward re- banks. We bought the bank’s preferred to address the uncertainty. In terms of stock. They had to pay us a dividend covery, small and disadvantaged busi- uncertainty, it is important for large nesses continue to lag behind. I believe on the stock. Five percent was the divi- business and for small business. The dend rate on the preferred stock we we need to place small businesses at real problem for small business is to the heart of our response to this crisis. bought. If they didn’t buy back the pre- make it possible for them to access ferred stock within several years, they More needs to be done. Passing the capital, to get loans, whether for plant Small Business Lending Act would be a had to pay us a 9-percent dividend rate and equipment or for working capital. on the preferred stock. We infused cap- step in the right direction. This incen- The legislation we are debating this tive will create jobs for struggling ital into the banks, largely banks with week actually does that in a variety of over $10 billion in assets. For the most Americans by providing increased lend- ways. ing to small businesses so they can part, they have returned to profit- The Presiding Officer is somebody support and expand their operations. ability. They have repaid, bought back who has actually worked on this stuff their preferred stock. They have paid pretty hard. I commend Senator Small businesses are in a position to dividends on all of it for the most part. MERKLEY and a variety of others, Sen- create well-paying jobs and produce Actually, we have exercised, on behalf ator LANDRIEU and others, for the good growth at the local level. It is time to of taxpayers, something called war- work they have done on this legisla- make them a priority again. If we fail rants which, as the stock values re- tion, on both sides of the aisle. We to act today, if we fail to pass the cover, enables taxpayers to participate ought to let this bill go. We ought to Small Business Lending Act and fall in the debt and the return of profit- give this bill an up-or-down vote. In short of our commitment to America’s ability. doing so, we will do the right thing not innovators and entrepreneurs, I fear We wish to do a similar thing with only for the Senate and those of us who our Nation will fall into a jobless re- banks of less than $10 billion. In this are privileged to serve here but for the covery, and small businesses across the case, we buy the preferred stock. The country, particularly our small busi- country will continue to suffer the det- amount of dividend they have to pay nesses. rimental effects of this recession. back to the Treasury depends on I yield the floor. I recognize government cannot di- whether they lend the money to small The PRESIDING OFFICER. The Sen- rectly create jobs in the same way the businesses. If they lend the money and ator from Illinois. private sector can but few can deny they use essentially this capital infu- Mr. BURRIS. Mr. President, I am im- that government has an integral role sion as it is intended, they end up with pressed by the distinguished Senator in getting America back on track. Our almost a zero dividend rate. If they from Delaware. Not only has he out- job as public officials is to support and

VerDate Mar 15 2010 00:39 Jul 29, 2010 Jkt 089060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JY6.052 S28JYPT1 tjames on DSKG8SOYB1PROD with SENATE July 28, 2010 CONGRESSIONAL RECORD — SENATE S6375 promote responsible practices, imple- journ for our summer recess, and get am pleased to report this was a bipar- ment sensible regulations, and help di- this legislation over to the House so tisan effort. rect investments to the areas that need the House can pass it before they ad- I have come to the floor several it most. Under current law, the Small journ, a week before we adjourn. We times over the past few weeks to talk Business Administration provides key need to make sure we get this legisla- about the many important provisions support to small businesses through its tion passed. in this bill—provisions that will get 8(a) program. This program offers tech- We saw the Senator from Louisiana capital moving to small businesses nical assistance, training, and contract fight gallantly to pass the amendment again, and to provide them with some opportunities to small businesses that to allow the banks to have $30 billion tax relief. But today I want to come to meet specific criteria. I am a strong which they could put out for small the floor to discuss another critical advocate of this initiative which has businesses. That amendment had been component of this bill, one that every helped to keep small and disadvan- stricken, and the Senator did not yield Senator in this Chamber should sup- taged businesses viable and make sure to that deduction from that piece of port; that is, helping our small busi- everyone has a chance to share in the this package. She fought to get that nesses sell their products overseas. economic prosperity. amendment into this legislation. Now Exports are a great opportunity for Mr. President, 8(a) has made a dif- what we must do is get the 60 votes small businesses that are looking to ference in numerous communities. It needed to pass the Small Business grow. Growing a small business is often has eased some of the worst effects of Lending Act so we can get about the about finding new markets for your the crisis for those entities that are business of saying, yes, we are con- products. Selling into foreign markets most vulnerable. Yet despite its suc- cerned about Main Street as much as is especially important for businesses cess, this program’s impact and reach we are about Wall Street. When we do in my home State of New Hampshire. has been restricted because only a that, we can go back to our constitu- Even in the difficult economic cli- small number of businesses are eligible ents and say we have done something mate last year, one of the real bright for this kind of support. That is why I that is beneficial to our communities spots in New Hampshire’s economy has introduced an amendment during the which will help us to get this economy been exports. In 2009, New Hampshire debate that would expand the 8(a) pro- moving again to help those people who had its second highest export year gram. need it the most. ever. But there is still a huge potential My measure would have increased Mr. President, I see the distinguished to continue to increase exporting by the continued eligibility amount from Senator from New Hampshire on the America’s small businesses. $750,000 to $2.5 million, so more small floor. I yield the floor. This chart I have in the Chamber businesses could benefit from this as- The PRESIDING OFFICER. The Sen- shows the opportunity that exists for sistance. But, unfortunately, my ator from New Hampshire. our small businesses. Only 5 percent of amendment was not included in the Mrs. SHAHEEN. Mr. President, I am the world’s customers live in the final package. pleased to join my colleague, Senator United States. We can see on the chart While it did not make the cut this BURRIS, from Illinois, and the other that is that very small blue portion of time, I hope my colleagues will join me Senators who have been on the floor this pie chart. So that means 95 per- in giving further consideration and at- this afternoon to speak to the Small cent of the world’s markets are outside tention to the 8(a) program in the near Business Jobs Act that is pending be- of the United States. future. What this will do is allow those fore us today. But, of course, there are still signifi- individuals who may have reached a For weeks now, the Senate has been cant barriers to small businesses as net worth of $1.1 million or $1.2 million considering the Small Business Jobs they try to access that remaining 95 or $1.5 million or even $2 million to say Act. Today, I hope we will finally be percent of the world’s population. For they are still small. In this economy, if able to pass this commonsense legisla- a small business, starting to export can you have $2 million, people say you are tion that will help small employers and be challenging. Unlike big firms, they rich. Well, that is not the case if you entrepreneurs to grow their businesses do not have the technical capacity to are a small businessperson. That is the and to hire new workers. identify new markets. They do not reason why I am saying in order to still While we have seen some signs that have the resources to go on trade mis- be able to qualify for the 8(a) program, our economy is beginning to recover in sions, and they do not have the mar- we should increase the eligibility New Hampshire, too many workers keting expertise to promote their prod- amount to $2.5 million, and thereby still cannot find the jobs they need to ucts to foreign buyers. they can continue to compete and con- put food on the table and pay the mort- We can see the challenge small busi- tinue to have a chance to be in the gage. The best way to create those jobs nesses face versus the challenge large small and disadvantaged minority cat- is to invest in our small businesses. businesses face on this pie chart. For egory. Over the past 15 years, small busi- large businesses, 42 percent of them ex- Expansion of this program would af- nesses have created almost two-thirds port. For small businesses, only 1 per- ford our small businesses the assist- of the new jobs in America. Small busi- cent of them in the country export. So ance they need and create jobs for nesses are the cornerstone of New 99 percent of small businesses still have Americans amid this rough economic Hampshire’s economy. Over 96 percent the opportunity to access those inter- climate. of businesses in the Granite State are national markets. With the Small Business Lending Act small businesses with fewer than 50 A vote for this bill is a vote to help before us today, we have an oppor- employees. small businesses in New Hampshire and tunity to renew our investment in But small businesses, as we all have across the country—businesses that are America’s small businesses. I urge my heard, continue to feel the effects of a looking to export but do not have the colleagues to vote in favor of this legis- recession they had no hand in creating. resources or the expertise to do so. It is lation so we can foster economic That is why we need to pass the Small a vote to help small businesses create growth on the local level and generate Business Jobs Act today. the jobs that will help us emerge from much needed jobs. This bipartisan legislation will dra- this recession. I wish to reiterate what the distin- matically increase lending to small I want to talk a little bit about one guished Senator from Delaware said in businesses. It will enhance the ability New Hampshire business that has been terms of how we can expand these busi- of small companies to export. It will able to benefit from the kind of export nesses by giving tax incentives to these provide tax relief to so many small assistance this bill will offer. The com- companies, by eliminating the capital firms. pany is called Dartware. It is a high- gains tax that would come about for I am proud, as a member of the Small tech company in West Lebanon, NH, any transaction they would make, by Business Committee, I worked with my over in the western part of our State, allowing them to write off the depre- chair, MARY LANDRIEU, who has done a right across the river from Vermont. It ciation for their capital purchases. terrific job on this bill, and ranking is a pretty sophisticated business. It We have this legislation before us member OLYMPIA SNOWE, on provisions builds software to help improve profes- now, which we must pass before we ad- to enhance critical SBA programs. I sional networks. But even though they

VerDate Mar 15 2010 03:32 Jul 29, 2010 Jkt 089060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JY6.053 S28JYPT1 tjames on DSKG8SOYB1PROD with SENATE S6376 CONGRESSIONAL RECORD — SENATE July 28, 2010 are sophisticated, they still had a The assistant editor of the Daily Di- lot. Let me describe a couple of things tough time navigating the inter- gest proceeded to call the roll. we learned. national terrain. So Dartware went to Mr. DORGAN. Mr. President, I ask The young pilot lived in Seattle, WA, New Hampshire’s International Trade unanimous consent that the order for and commuted to work to Newark. She Resource Center where they found a the quorum call be rescinded. deadheaded all night long on a FedEx U.S. Foreign Commercial Service spe- The PRESIDING OFFICER. Without plane stopping in Memphis, landed in cialist who could help them, along with objection, it is so ordered. Newark—no evidence that she slept— the folks at the Trade Resource Center. Mr. DORGAN. Mr. President, I ask and then she boarded an airplane to The center provided Dartware with a unanimous consent to speak as in haul passengers to Buffalo, NY. That customized international market as- morning business for 15 minutes. was the copilot. The copilot, I under- The PRESIDING OFFICER. Without sessment and connected the business to stand, earned somewhere around objection, it is so ordered. international buyers for their services. $20,000, $22,000 a year and had a second As a result, Dartware now has devel- AVIATION SAFETY job in a coffee job to make ends meet. oped partner relationships in countries Mr. DORGAN. Mr. President, I have My understanding was she lived with such as Brazil, China, South Africa, come to the floor to talk about a piece her parents. That was the copilot. The Egypt, and Argentina—countries that of legislation that perhaps is not on pilot commuted from Florida. There is the front pages of the newspapers are emerging markets that offer oppor- no evidence that the pilot slept the today but is very important in this tunities for New Hampshire and Amer- night before. He spent time in the crew Congress and to the American people. ica’s small businesses. lounge, where there is no bed. That It is very important that we pass this The bill that is pending before us pilot boarded the same plane. That legislation. We have been waiting and would give more small businesses such raises all kinds of issues about fatigue waiting, and we continue to wait. It is as Dartware the opportunity to succeed and commuting—commuting all night called the reauthorization of the Fed- in exporting. to board an airplane to haul pas- eral Aviation Administration bill. We The Small Business Jobs Act in- sengers. have been working on this for a long cludes two bipartisan bills I cospon- When you read the transcript of what sored that will help more companies time. This is not just reauthorization for occurred in that cockpit, you also un- access critical export resources. For some bureaucracy; this is about safety derstand there were very serious issues the past few years, Federal and State for the American public who is flying about training—the stick pusher and resources have dwindled, while compa- today. Let me put up a chart that the stick shaker and flying into ice and nies such as Dartware have clamored shows where the airplanes are in the not following procedures, all of these for more of these services to help them skies today. I think I have a chart on issues. know how to export. that which describes the number of Forty-five passengers died that The Foreign Commercial Service has flights in this country. The air is lit- night. The question is, Is there one not been able to replace many of their erally packed with airplanes flying all level of safety in this country when retiring officials and, as a result, the across this country. The question is, you get on an airplane and you look in service has been severely understaffed. How are they controlled? Ground-based that cockpit? Is there one level of safe- This legislation, the small business radar systems are keeping track of all ty if you are on a large plane or carrier jobs bill, restores staffing at the Com- of these flights. This is a map that versus a small regional carrier? Do you merce Department to 2004 levels and shows the airplanes that are flying in have the same experience in the cock- creates a competitive grant program so the country at a given time—very pit, the same level of training? Where that strapped State export assistance crowded skies. This FAA reauthoriza- have the crews come from? Did they fly centers will have that ability to pro- tion bill has a lot to do with safety. all night all across the country just to vide grants to companies. This bill The reason it is so important—I am get to their work station? passed out of the Senate Commerce going to talk about the safety piece Well, the Colgan crash told us a lot. Committee with broad bipartisan sup- first, and then I will talk about why it Here is what happened that evening. port. has been blocked and how we finally There was ice on the wings. This was The Small Business Jobs Act also in- get some action on this and why I fi- the crash site near Buffalo, NY, on cludes bipartisan legislation which will nally have had a bellyful of trying to February 12, 2009. strengthen SBA export assistance pro- persuade people that we ought to pass Here is another photograph of the grams. These programs help small busi- legislation that I think is critically crash site. This crash should never nesses get the loans they need to fi- important to save lives in this country. have happened. Those victims should nance their export growth and will pro- Let me remind all of my colleagues not have died. They should have been vide export expertise. This part of the about February 12 last year. February safely on the ground with their loved bill passed out of the Small Business 12 of last year was the tragic crash of ones. Committee by a vote of 18 to 0. Colgan Air flight 3407. That crash What has gone wrong here? Let me at So two more provisions in the legis- should not have happened. That crash least describe a few things that I think. lation pending before us that have took the lives of 45 passengers, 2 flight One was fatigue. Clearly, that played a broad bipartisan support. These com- attendants, 2 pilots, and 1 person on role. Here is a quote that NBC News monsense measures that had strong bi- the ground. It should never, ever have ran from a pilot on a 737 jet flying to partisan support in committee deserve happened. Denver, CO: support on the floor when we vote on The families of the victims of Colgan this legislation. There is no reason we I had been doing everything in my power Air flight 3407 have consistently been to stay awake: coffee, gum, candy. But as we should not have a strong bipartisan to every hearing I have held on safety entered one of the most critical phases of vote today when the full Senate takes dealing with aviation. They have been, flight, I had been up for 20 straight hours. up this legislation. at every moment possible, here in the Fatigue. Is this someone in a work- I hope all of my colleagues on both Capitol Building, office to office, door ing condition who is sharp, on edge, sides of the aisle will join me in voting to door, saying: Pass this legislation to landing a plane with perhaps 150 people for this bill because it is going to make reauthorize the FAA, including the on board? a difference to our small businesses, dramatic safety changes we propose. Here is another quote from an 18-year and it is going to mean they can grow, They provided a chart board that veteran pilot, describing the routine of they can add jobs, and we can put peo- shows photographs of their loved ones, commuter flights with short layovers ple back to work in this country. I urge those who climbed on that airplane in the middle of the night: my colleagues to join us in voting for that evening to fly from Newark to this legislation. Buffalo, NY. It was a night flight on a Take a shower, brush your teeth, and pre- Mr. President, I yield the floor and Bombardier-8. During that flight, icing tend you slept. suggest the absence of a quorum. occurred on the wings. He said that is the way it works. The PRESIDING OFFICER. The I have read the transcript from that Here is another quote from a pilot: clerk will call the roll. cockpit between the pilot and the copi- I was bathed in sweat and scared to death.

VerDate Mar 15 2010 00:39 Jul 29, 2010 Jkt 089060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JY6.054 S28JYPT1 tjames on DSKG8SOYB1PROD with SENATE July 28, 2010 CONGRESSIONAL RECORD — SENATE S6377 That is an 18-year pilot describing don’t utilize what our kids have in Let me say this: If you care much the approach to the runway after nu- their cell phones in commercial air- about safety in the skies and at long merous early morning commuter planes, which would allow them to fly last you want to pass an FAA bill to flights over 3 days. safer routes, fly more direct routes. improve safety, if you care about the Here is a photograph of a pilot crash Modernization of the air traffic control airport improvement program and in- pad. He watches a movie on his com- system is long overdue, and it has a lot frastructure and airports and runways puter at a crash house in Sterling to do with aviation safety. It is in this and building the infrastructure and Park, VA, which is not far from here. bill. creating tens of thousands of jobs, and These houses, which can have 20 to 24 This bill must get done. To not move if you care about small community air occupants at a time, are designed to forward on this—Europeans are, and services, a passenger bill of rights and give flight crews from regional airlines others—and to have us fall further be- having America keep up with air traf- a quiet place to sleep near their base hind is unthinkable to me. The pas- fic control modernization, you can’t airports. Many can’t afford hotels, so senger bill of rights—we include that in possibly be blocking this bill. they use crash houses where they pay this bill, and it says some very impor- I am not going to describe who it is, $200 a month for a bed. tant things. The passenger bill of with names and so on. This is not I described the young lady who was rights says that they are not going to about Democrats or Republicans, or the copilot on the Colgan Air flight be able to keep you on an airplane for conservatives or liberals; this is about, that crashed. She commuted from Se- 6 or 8 hours when they have trouble on are we going to fail again? I have attle, WA to Newark to get to her duty the runway and you sit on the tarmac watched so many failures because peo- station. There was no evidence that she for 6 or 8 hours. Three hours. We set ple have decided they are going to had slept in a bed. It raises a lot of the conditions under the passenger bill block this or that. What we have had in questions. of rights, airplanes—that is, the air- this entire Congress is one side of the At hearings I held, I held up this craft companies, airline companies, aisle blocking most everything for a chart to show where the Colgan pilots must comply with the rules that we long period of time. This bill happens have established. were commuting from flying on that to be bipartisan. There is no excuse, no This legislation provides consumer particular regional airline. They were reason to block this legislation. benefits for 700 million plane trips per flying out of Newark. You could see It appears to me that a couple things year taken by the American people. We where they are commuting from, such are likely to happen. If interests that have heard horror stories from around as home stations in Los Angeles, in Se- have been involved in these discussions this country: passengers stuck on the attle, in Texas, and they commuted to continue to block this, this bill will tarmac for 6 hours, 8 hours, bathrooms fail, and the American people will be work all the way across the country. not working, out of water. The fact is, I describe these charts only to talk flying in skies that are less safe than this bill will improve that and the dis- about one phase of the investigation of they could be. We will not have made closure of flight information to pas- the Colgan crash, and that is fatigue the improvements we should make. We sengers, impose certain burdens on the and rest—crew rest. We have a piece of airlines, and that is the right approach. will not make the investments and cre- legislation that addresses a number of All of these things are in this FAA re- ate the jobs we should create. I suppose these issues: What is the experience of authorization bill. those who block it will think they have the pilot in the cockpit? How many What is holding up the bill? Well, done something meritorious for the hours must that pilot have of relevant first and foremost, in the Senate, we country, but they will have injured experience and training to sit in that passed the bill with the understanding this country’s interests. cockpit and haul passengers on a com- that there is a controversy called slots My hope is that in the coming couple mercial airplane? and perimeter rules at Washington Na- of days, those who have said they are We addressed that and so many other tional Airport. When we passed it going to block this legislation will critical areas of safety. That is in the through the Senate, 93 to 0, we under- think again and understand that this FAA reauthorization bill—a piece of stood that we didn’t resolve the slots place only works through compromise; legislation we passed in the Senate and perimeter rule issue. The House it only works if we are willing to un- Commerce Committee long ago. Now it has additional slots at DC National, derstand that everybody has different is awaiting action on the floor of the but we didn’t do anything on it. We views on these things, and let’s find a Senate. Yet, we have not been able to didn’t do zero. We understood that we way to effectively compromise and get it done. passed the bill and would negotiate it pass legislation that strengthens this I want to talk a little about the im- later, and negotiations have ensued. country. portance of this legislation. No. 1, it Now we have several representations If I sound a little irritated, I am, be- creates jobs. It is investment in infra- saying: I represent my area, my region, cause I have had a belly full of the in- structure, airport improvement funds— or my airport, and therefore I object. transigence that exists in this Cham- investing in the infrastructure of this Do you know what. It is fine to rep- ber. Nobody fights harder for their in- country. resent your interests in your region, terests than I do. But I also under- Let me describe the central elements but it is not fine to block the bill. It is stand, having served here long enough, of this bill. Airport Improvement Pro- not fine to block this bill. In fact, the that there is a need to make this place gram. That is tens of thousands of jobs latest discussions that have been held, work by being willing to compromise around this country. with respect to slots at DC airport, are your interests in a fair way. We have Aviation safety. I have touched on 16 additional slots—not new flights in gone at this now for some weeks. It has that. or out of DC National Airport, but been a long while since the Senate Air traffic control modernization. flights that would have flown within passed this bill. It is very close to a A passenger bill of rights. the perimeter that would now fly out- point where, I believe, we will not have Small community air service. side of the perimeter. I know that is the time to continue working on this, Let me talk for a moment about the lost on most people because this perim- and what we will see is that this bill air traffic control modernization. I eter rule limits the number of miles will, once again, fail, and we will ex- showed a chart with all of those air- you can fly from DC National Airport. tend, once again, the FAA reauthoriza- planes in the air. Every single pas- This would convert flights inside the tion bill for a short time, and then senger on every one of those planes perimeter to flights outside of it—16 until the next Congress. God bless ev- could be flying in safer conditions now flights. So it is no new traffic to DC erybody who dug their heels in and de- if we were moving, as we should, with National. Those who proposed it said: cided they could only live with what this bill, in modernizing the air traffic We would agree that we would have the they could live with and would not control system. Our kids carry cell same size airplanes flying the flights. compromise, but they have done no phones around that have GPS capa- Yet, we have massive amounts of favor to this country. They can all bility. Those of the commercial air- controversy around here with people chew on that for a while. liners in this country are flying to saying: Well, I am going to block this I hope that in the coming days, yes, ground-based radar, not GPS. They and that. families of the victims of Colgan will

VerDate Mar 15 2010 00:39 Jul 29, 2010 Jkt 089060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JY6.057 S28JYPT1 tjames on DSKG8SOYB1PROD with SENATE S6378 CONGRESSIONAL RECORD — SENATE July 28, 2010 perhaps have some ability to influence something we have voted on recently our energy future looks like. I believe those who want to block this legisla- in this body, as recently as 2005, when that we should incentivize the develop- tion. Perhaps those who are out of we looked at a 10-percent renewable en- ment of renewable energy. How do we work and would get work with the air- ergy standard. The differences in the maximize the development of wind and port improvement funds will influence conference prevented that from moving solar energy? By creating a renewable them. Maybe those who care about con- forward. electricity standard that drives the de- tinued air service to small commu- The amendment I would support on velopment and by building the trans- nities would have some ability to influ- this bill that I hope the leader will remission that allows us to produce it in ence them. Maybe those who care consider and put forward in his base one area and move it to a load center about the passengers bill of rights—at bill that he puts up on the floor is 15 in another area. We did that in the bill long last, maybe they will be persua- percent, as I stated, by 2021. That is that passed the Energy Committee just sive. something that could have and would over a year ago. One way or another, I hope that fi- gain bipartisan support. I fully support the notion of the Sen- nally we will see if maybe there is a If we are serious about moving for- ator from Kansas that the 15-percent public spiritedness in this Chamber and ward on reducing our dependency on renewable electricity standard we cre- also an interest in doing the right foreign oil, from foreign sources, if we ated in committee ought to advanced thing and pass the FAA reauthoriza- are serious about moving forward on in any energy bill. In fact, I don’t know tion bill. environmental needs, this is a very whether we will part company on this I understand my colleague from Kan- sensible, pragmatic, prudent approach. point, but I have always indicated that sas is here ready to speak. I will defer It is one we can do. It is one we can ac- I support a 20-percent renewable elec- until later. complish. It is one that has passed this tricity standard. I believe our country I yield the floor. body before. We already know the votes ought to push very hard to move in the are here to pass something like a mod- The PRESIDING OFFICER. The Sen- direction of maximizing the capability est renewable energy standard. That is ator from Kansas is recognized. to produce renewable energy where the why I am calling for this to be put for- RENEWABLE ENERGY STANDARD wind blows and the Sun shines, and put ward in the leader’s base bill. If not, I Mr. BROWNBACK. Mr. President, I it on the wires and move it to the load am supporting an amendment that thank my colleague for yielding the centers. That is exactly what we ought would be put in this Energy bill should floor. I invite him to stay. I want to to be doing. The Senator and I sure it come to the floor. I hope it does talk about a renewable energy stand- agree on the philosophy of this issue come to the floor. We need to address ard we need to have in an energy piece and the need for this provision in an the energy needs of this country. We of legislation. I know it is something energy bill. have a huge problem that has been he is interested in, and has been, and it The PRESIDING OFFICER (Mr. going on for some time in the Gulf of is something I am interested in. I think FRANKEN). The Senator from Kansas. Mexico. We have enormous energy it is one of these commonsense ap- Mr. BROWNBACK. Mr. President, I needs in this country. We need to bal- proaches that you can get bipartisan wanted to engage my colleague from ance our energy needs with the envi- support built for if you do it in a sen- North Dakota because there is a strong ronment and our economic abilities. sible fashion that doesn’t raise utility base of bipartisan support to do this, We are in difficult economic shape rates; and that is a key issue to watch and I also believe there is a strong ma- now. We cannot put a load on the econ- here—not to raise utility rights. jority community across America that omy. We should not put any load on I think if we have a robust enough— supports this. Don’t get it out there so the economy. If we are wise and pru- but not greedy—renewable energy wild that it starts driving up utility dent about this, we can do these renew- standard that is prudent, workable, rates. Nobody wants to do that, and ev- able energy standards and not put any over a period of time, where companies erybody is opposed to pushing up util- load on the economy. I ask the leader can work into this, we can start mov- to do that. I hope we can in moving ity rates. We don’t want them to go up. ing forward on renewable energy in a this process forward. It is my hope that They cannot go up. We cannot afford sound economic fashion, and we can this will be included in any energy leg- for them to go up in bad economic balance our energy needs with our en- islation that ultimately passes this times, and I do not want it to happen vironmental needs and our economic body. in good economic times. But if we do demands and not raise utility rates. Mr. President, I ask my colleague this in a balanced approach where we That is why I was hoping that the from North Dakota for any comments say we are going to have a modest re- leader, when he introduced his energy he might have on a renewable energy newable electricity standard, a modest bill, would put forward a renewable en- portfolio in energy legislation. RES that people can work with—and in ergy standard. He didn’t call for that. I Mr. DORGAN. Mr. President, if I the bill in committee, we actually had do. If we get an energy bill on the may, I know the Senator from Kansas an 11-percent energy standard—we floor—which I hope we do—I will cer- spoke about this issue that we worked could do 4 of the 15 by conservation, tainly be supporting a renewable en- on in the Energy Committee over a which is prudent as well. This is some- ergy standard the likes of which we year ago. We worked together to get thing we can support. passed on a bipartisan basis through what is called a renewable electricity I know this is something which we the Energy Committee. standard, some people also call it a re- could see a strong majority of the I am looking forward to supporting newable portfolio standard—through American public support. This is bal- what we put forward in the American the committee process. A renewable anced and it makes sense and it moves Clean Energy Leadership Act of 2009, electricity standard is a requirement us forward. That is why I hope that if which was reported out of the com- that a certain percentage of electricity we get into this Energy bill this week— mittee on a strong bipartisan basis. delivered be from renewable sources— it may not happen this week or it may There was a provision in it that called wind, solar, and so on. I believe that it not happen until September—that this for a 15-percent renewable energy is very important to do that. I appre- is a piece that is in the bill, and it is standard by 2021, and within that 15 ciate the Senator from Kansas and his something we can get done, and the percent was even allowed 11 percent by position. vast majority of the public, if we do it renewables and up to 4 percent by con- There is an old saying: If you don’t wisely and prudently, will support this. servation, so there were some ways for care where you are going, you are Mr. DORGAN. Mr. President, will the groups and individuals to be able to never going to be lost. If our country Senator yield for a question? work forward, building in some con- does not describe the route we want to Mr. BROWNBACK. Yes. servation but also renewable energy take, if we don’t say here is where we Mr. DORGAN. The fact is, I happen into the portfolio, such as renewable want to go as a country, then wherever to support limiting or capping carbon. energy of wind, solar, biomass, or other we find ourselves 5 and 10 years from I will support a price on carbon. I do means. now, that is where we are, I guess. not support cap and trade as a mecha- I have been advocating this, as has I believe however, that it ought to be nism, as a way of doing that, or giving my colleague from North Dakota. It is a circumstance where we decide what Wall Street the ability to trade carbon

VerDate Mar 15 2010 00:39 Jul 29, 2010 Jkt 089060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JY6.057 S28JYPT1 tjames on DSKG8SOYB1PROD with SENATE July 28, 2010 CONGRESSIONAL RECORD — SENATE S6379 securities. But that is another side to I yield the floor. politics. Judges are required to adhere this. Mr. DORGAN. I yield the floor, and I to the law. This is the great American Because we have not been able to do suggest the absence of a quorum. principle that we are taught from ele- climate change legislation and develop The PRESIDING OFFICER. The mentary school on. a consensus on broader climate change clerk will call the roll. This nominee, pretty clearly, is a legislation in this country, I have al- The bill clerk proceeded to call the legal progressive and acknowledges ways felt we should bring the Energy roll. that in her own testimony. When I bill to the floor which was, in fact, bi- Mr. SESSIONS. Mr. President, I ask asked her if she was, she didn’t ac- partisan and which would, in fact, do unanimous consent that the order for knowledge it to me. But later, when the very things we would want done to the quorum call be rescinded. she was asked again about it, she ac- limit carbon. Take energy from the The PRESIDING OFFICER. Without knowledged to Senator LINDSEY wind—that limits carbon. You develop objection, it is so ordered. GRAHAM that she was. That is what lib- energy without putting carbon into the KAGAN NOMINATION erals have taken to calling themselves air, just as an example. Mr. SESSIONS. Mr. President, I wish today—progressives—apparently think- I know Senator REID is trying very to share a few thoughts on the nomina- ing that is more popular than calling hard to do a couple of things. No. 1, he tion of Elena Kagan to the Supreme themselves liberals. I don’t know why is trying to get this session moving on Court. I will share some other thoughts they have taken to doing that, but pro- issues that matter. He has a lot of as we go along, and I will be producing gressivism has a history in this coun- things on his plate. The Senator from for my colleagues a summary of some try, and I think the people who call Kansas knows—I am not being partisan of the concerns I have about the nomi- themselves legal progressives today are when I say this—that a lot of things nation that would explain why I and a indeed in the tradition of progressivism have been blocked, even motions to number of other Senators voted that was rejected in the early part of proceed. So the Senator from Nevada, against this nomination in committee the 20th Century by the American peo- Mr. REID, has a difficult job getting and why I think that calls for our col- ple. legislation to the floor and getting leagues to vote against the nomination President Obama is a legal progres- them moving. He has indicated he on the floor of the Senate. sive, I am convinced. He is a lawyer, a wants to bring to the floor an energy This nominee has the least experi- good friend, and somebody we all liked bill that includes a lot of items with ence of any nominee in the last 50 when he was in the Senate. But he has which the Senator from Kansas and I years, perhaps longer than that, having a view of the law that I think is a pro- would agree. We need to do something practiced law only about 2 years, right gressive view. He seeks, he says, to ad- about oilspill regulation and safety and out of law school, with a large law vance a ‘‘broader vision of what Amer- try to address those issues in the right firm, never having tried a case or ar- ica should be,’’ and that is what judges way, and we do need to address a num- gued a case before a jury of any kind, ber of the other issues the Senator should do. I am not in agreement with and spent 5 years in the Clinton White that. I don’t think judges have that re- from Nevada suggested. I happen to House, spent time teaching and being think that using natural gas for long- sponsibility. They have never been active politically. Those are issues that given that responsibility. Their respon- haul vehicles on the interstate road- I think go to the basic qualities that ways makes a lot of sense. He has pro- sibility is to objectively decide discrete you look for in a nomination. She had posed a number of items, including cases before them. 14 months as the Solicitor General of Some have complained that Justice electric vehicles. The bill I introduced, the United States, and that is a legiti- Roberts somehow was an automaton by along with my colleagues, Senator AL- mate legal job, but as I will point out, declaring that a judge should be a neu- EXANDER and Senator MERKLEY, that she didn’t perform very well in that job we passed through the Energy Com- tral umpire—just call the balls and and made some serious errors that I mittee last week, begins incentivizing strikes; that he can’t take sides in the think reflect a weakness in her judicial and moving toward an electric vehicle game. I think that is a very wonderful philosophy. fleet. All of those things are good. I metaphor for what a judge should be— So while there is no sustained legal support that, and I commend the Sen- a neutral umpire. practice that gives us a direct view of ator from Nevada for doing that. To Judges cannot take sides in the her judicial philosophy, other things do the extent we can, if we can find ways game. That is not what they are paid indicate it. There is plenty of evidence to add other things that have a broad to do. That is not what they are em- that I think will show this nominee is bipartisan consensus, that makes a lot powered to do, not in the American not committed to faithfully following of sense to me. I think that is what the legal system. Maybe somewhere else the law. The Constitution’s words say Senator from Kansas is saying. but not in our system. The American In order for a renewable electricity we ‘‘do ordain and establish this Con- people understand that clearly. They standard to be added, it would take 60 stitution for the United States,’’ not are not happy with judges who legis- votes because things just take 60 votes some other constitution—not a Euro- late from the bench, who think they around here. I went to a small school, pean constitution, not a constitution know better, who consult some Euro- and I thought a majority was just a as viewed by somebody in Argentina or pean somewhere, with very little ac- majority, but it is not these days. But France or wherever but our Constitu- companying scientific data, to say the if we have the 60 votes—and I think tion, passed by real Americans through world has advanced and evolved and there is some evidence that may the process that calls upon American the Constitution has grown and is alive exist—then adding a renewable elec- input to pass that Constitution. Judges and read new words into it that were tricity standard will substantially im- take an oath to be faithful to our Con- not in there before, and we can find prove, I believe, the potential to pass stitution. They take an oath to serve those words and we can have a broader an energy bill that would matter to under the Constitution and laws of the vision for what America should be. America. United States. I do not think that is law. It is not I want to say quickly that I under- So I think the evidence will show law, and I do not think the American stand Senator REID is trying very hard that this nominee believes judges have people want that kind of judge. to get something done, to get it up, get powers that go beyond what a judge I do not believe in this nominee’s it passed, and get it done. I commend has. This is what we have taken to slight differences of gradations in judi- him for that. I do not want to be crit- calling an activist judge—a judge who cial philosophy. I do not think it is just ical at all. But I commend the Senator believes they can advance the law, fur- a little bit more activist and it is a lit- from Kansas as well because he and I ther the law, bend the law; that the tle bit more advanced law philosophy, agree: If we can add a renewable elec- Constitution is not plain words or a and somebody else does not and there tricity standard to this legislation, we contract with the American people but is not much difference. I think there is will advance our country’s energy in- a living document, which means they a very serious difference, and it is a terests in a very significant way. can make it grow into what they would question of where the American people Mr. BROWNBACK. Mr. President, I like it to be; that they can set policy allow power to reside—power over thank my colleague. from the bench. That is not law, that is themselves.

VerDate Mar 15 2010 02:24 Jul 29, 2010 Jkt 089060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JY6.059 S28JYPT1 tjames on DSKG8SOYB1PROD with SENATE S6380 CONGRESSIONAL RECORD — SENATE July 28, 2010 They can vote us out of office. I sus- judge should do equal justice to the asked about Ms. Kagan’s record, a per- pect people will be voted out of office poor and the rich. son in a very good position to know, this November. People are not happy In another Law Review article, Ms. Gregg Craig, former counsel to Presi- with us, I can tell you that. Polling Kagan said, dealing with confirma- dent Obama in the first year or two of numbers show Congress is at the bot- tion—actually the title of it was ‘‘Con- the administration, who knows Ms. tom of popularity more than it has firmation Messes, Old and New.’’ She Kagan and who reviewed her when she ever been—11 percent or something. quoted Stephen Carter’s book, ‘‘The was considered, apparently, for the The question is, Who is that 11 percent Confirmation Mess’’ with approval, first Sotomayor appointment, said: who is happy with this crowd? Where writing: She is largely a progressive in the mold of are they? I have not met any. In every exercise of interpretive judgment Obama himself. I would say the American people are there comes a crucial moment when the I have come to believe that is exactly not enamored with the idea that some- judge’s own experience and values become right. I mean, I just believe that is how, when a person puts on that robe the most important data. right. I think the President looked they have been anointed with greater Well, I don’t think so. What do you around the country to pick somebody wisdom than if they had to run for of- mean the judge’s own values become young, who would serve a long time. fice and answer to them. If you want to the most important data? You mean we She is 50 years old. If she serves as long be a politician, run as a politician. are ceding to the judge their personal as Justice Stevens whom she is replac- Don’t go for it on the bench. values instead of faithfully following ing, she will serve 38 years. It is a life- I think the President has an incor- the law and the facts as written? time appointment. It could be longer. rect view of that, frankly, a very seri- In her Oxford thesis she wrote: So Mr. GREGG Craig said ‘‘she is largely ously defective view of that. In a Judges will often try to mold and steer the a progressive in the mold of Obama speech in the Senate just a few years law in order to promote certain ethical val- himself.’’ ago when he was a young new Senator, ues and achieve certain social ends. Such ac- The President was a community activity is not necessarily wrong or invalid. tivist and a lawyer. He has taught he opposed now Chief Justice John The law, after all, is a human instrument, an Roberts, one of the finest nominees instrument designed to meet men’s needs. some constitutional law—I am sure he is a good teacher. But if he is teaching ever to come before this Senate. What The law is a set of commands from this kind of philosophy I think it is not a fabulous person he was. How magnifi- the government that have to be con- cently did he testify and what a good good, sound, judicial philosophy, and sistent with our Constitution. If they his approach I don’t think is good. background he had. He was recognized are, they should be followed, if they as a premier appellate lawyer in Amer- I believe he looked for somebody who have been duly enacted by Congress. shared his views. As 59 Democratic ica and argued 50 cases, I believe, be- The American people can elect a new fore the Supreme Court—more than al- Senators, he expects them to, lem- Congress and change those laws if they ming-like, go down the line and vote most anybody, certainly more than desire, but until they do so they re- anybody his age—and demonstrated for whomever he puts up there, so he main the law and I do not think judges has put up somebody he thinks follows the kind of skill you look for in some- are supposed to be steering the law to one who would sit on our Nation’s his views. promote certain ethical values. A second person who has been in a Highest Court. Let me ask you, whose values are President Obama voted against him. good position to know Ms. Kagan is they? Whose ethical values are they? Vice President BIDEN’s chief of staff, He said he thought that in truly dif- The judge’s? Is that what we put them ficult cases Judge John Roberts would Ron Klain, who worked in the Clinton on the bench for, to be able to steer the White House closely with Ms. Kagan rely on precedent and try to follow the law to promote their ethical values? law. He said that you can’t rely on when she spent 5 years in the White Some people wrongly say the Con- House doing mostly policy work, as she precedent or ‘‘rules of statutory or constitution is defined by the nine Jus- stitutional construction.’’ Instead, he said. This is what Mr. Klain, an experi- tices on the Supreme Court. Not so, enced lawyer who has been around argued that judges must base their rul- really. If we want to be cynical about ings on ‘‘one’s deepest values, one’s Washington a long time, said about it, if they are not faithful to the law, her: core concerns, one’s broader perspec- five Justices can redefine the Constitu- Elena is clearly a legal progressive. I think tives on how the world works and the tion. depth and breadth of one’s empathy.’’ Elena is someone who comes from the pro- Recently, four Justices voted to basi- gressive side of the spectrum. She clerked That is what President Obama said a cally eviscerate the second amend- for Judge Mikva, clerked for Justice Mar- judge should do. ment, saying the constitutional right shall, worked in the Clinton administration, I would assert that is contrary to the to keep and bear arms was not a per- worked in the Obama administration. I don’t American heritage of law. That is not sonal right and that the Constitution think there is any mystery to the fact that law. If you make decisions based on did not apply to the States and coun- she is, as I said, more of the progressive mold your deepest values—you mean the ties and cities; and in effect a city, Chi- than not. judge’s deepest values? His core con- cago, could have basically eliminated Let’s just take a note there, when she cerns? One’s broader perspectives on all guns in their city, and it would not graduated from law school she clerked how the world works and the depth and have violated the constitutional guar- for Judge Mikva. She is a very smart breadth of one’s empathy? That is what antee of the right to keep and bear individual, a very liberal individual. I a judge should do? Not in the U.S. arms. believe she clearly would be considered order of jurisprudence, not the way I They just wrote it out of the Con- a judge of the activist variety. Then understand it, and I do not think it is stitution, I guess—and they cited for- she clerked for Justice Marshall, a the way the American people under- eign law about it. great, famous Justice on the U.S. Su- stand it either. We know other cultures are not as preme Court but probably considered In a speech to Planned Parenthood, accepting of people having guns as in the most activist member ever to sit President Obama said he hoped judges the American culture. It is just dif- on the Supreme Court of the United would reach decisions on ‘‘their broad- ferent. What does foreign culture have States. That is whom she worked for. er vision of what America should be.’’ to do with ours? This is the kind of She took a leave, I think it was a His nomination of Ms. Kagan indi- thing we are talking about. It played leave from her teaching position, to cates that he believes she fits that bill. out in real cases and creates a real come to the Senate to work on the Ju- If we look at her record and speeches abuse. diciary Committee to help confirm to and background, I think it is fair to She goes on to say that judges will the Supreme Court of the United conclude she does. In a Law Review ar- often try to mold and achieve ‘‘certain States the chief counsel for the Amer- ticle she once declared that the Court social ends.’’ Such activity, she says, ican Civil Liberties Union, Ruth Bader primarily exists to look out for ‘‘the ‘‘is not necessarily wrong or invalid.’’ Ginsburg. That is the kind of judge she despised and the disadvantaged.’’ I think it is wrong or invalid. has admired and worked for. I think the Court is required to do Am I being unfair to the nominee, She made a speech in which she justice. The oath a judge takes says a Ms. Kagan? I don’t think so. When called Justice Barak of Israel, who has

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They know a judge is not em- that it had a bit too much spin and not the credit unions’ insurance deposit powered to redefine the meaning of enough law, not enough clarity, not fund. words in the Constitution or some stat- enough intellectual honesty to meet My office worked with Senator ute to make it say what they would the high standards we should look for UDALL and the Treasury Department to like it to say in a given case that is be- in a Supreme Court nominee. come up with a plan that would address fore them. They know that is an abuse We ought to be looking for the best those concerns. First, the cap is only of power. of the best, a lawyer’s lawyer, not a po- raised for credit unions that meet It is a violation of oath, and the litical lawyer, a lawyer’s lawyer or a strict eligibility criteria. To qualify, American people care about it. When I proven judge. The fact that she is not a credit unions must be well capitalized, talk to people, when I am in townhall judge is not disqualifying. But I would demonstrate sound underwriting and meetings, people invariably ask about expect, if you are not a judge, you servicing based on historical perform- activist judges who are legislating ought to be proven as a lawyer in the ance, have strong management and from the bench. They know it is real world of law practice. This nomi- policies to manage increased lending, against the American view of law be- nee simply is not. She is a political and be approved by their regulator for cause these judges are unaccountable lawyer, and I do not believe she should the higher cap. to the public. They have a lifetime ap- be elevated to the Supreme Court of They must also be at or above 80 per- pointment. They cannot be removed if the United States. cent of their current cap, with 5 or you disagree with their approach. So I yield the floor and I suggest the ab- more years of experience lending to for them to advance an ideological, sence of a quorum. member businesses. This means only philosophical social agenda from the The PRESIDING OFFICER (Ms. credit unions with significant experi- bench frustrates democracy in a very KLOBUCHAR). The clerk will call the ence lending to small businesses will roll. real way, and the American people un- have their cap raised, and it is targeted The legislative clerk proceeded to derstand it. at those credit unions most likely to I do not think the American people call the roll. Mr. SCHUMER. I ask unanimous con- expand their lending because they are are going to hold harmless those who sent that the order for the quorum call at or near the existing cap. vote to impose a legal progressive ac- be rescinded. I commend Mr. UDALL, the Senator tivist legislator from the bench upon The PRESIDING OFFICER. Without from Colorado, for taking the lead on them. So I am asking my colleagues to objection, it is so ordered. this novel approach. His amendment is look at this nomination carefully. Do Mr. SCHUMER. Madam President, I a sensible compromise that success- not be a rubberstamp for the President. rise in strong support of the amend- fully addresses the concerns that were I am talking primarily to my Demo- ment offered by my good friend from raised. cratic colleagues now. It is your vote. Colorado, Senator MARK UDALL. Credit Based on conservative estimates, this It is your responsibility to make sure unions across the country are cur- amendment will lead directly to over your constituents do not wake next rently restricted in the amount of lend- $10 billion in new lending and will cre- year, next year, next year, and find ing they can provide to their members ate over 120,000 jobs. In my home State some judge redefining the Constitution for business purposes. The Udall of New York, it will create over $750 to make it say something it was never amendment, which I proudly cospon- million in new lending and create over intended to say. sor, will raise that limit. Congress 8,000 jobs. It does it all with no cost to So do not be a lemming. Review this should be focused like a laser on bring- the taxpayer. I repeat, the amendment nomination. Be careful about it being unemployment down and getting does not add a dime to the deficit and cause I am afraid we have a dangerous, the economy humming on all cylinders will have a positive impact on GDP. progressive, political-type nominee again. The bill before us today is part Certainly, this amendment is not a who is going to be before us. So I would of that ongoing effort. It is a much cure-all for our economy. But with call on my Democratic leadership in needed, targeted bill that will help small businesses starved for credit, it the Senate, let’s be sure we have a good small business expand and hire. seems obvious to me we should be try- time for debate, let’s not curtail it. I There are many worthy ideas and im- ing everything we can to increase lend- call on all my colleagues to come to portant programs in the bill, from ing to small businesses. Simply put, the floor and express their views, but, bonus depreciation to increasing the this amendment is a no-brainer. I urge most important, to ask themselves, is loan limits on SBA’s flagship programs my colleagues to support the amend- this nominee the kind of nominee you to providing grants to help States ex- ment offered by my friend from Colo- who will serve on the Federal bench for pand innovative small business initia- rado. the next 30, 40 years who will subordi- tives. But a core mission of this bill Madam President, I yield the floor nate herself and serve ‘‘under the Con- was always to jump-start lending. and suggest the absence of a quorum. stitution and laws of the United When I travel around New York and The PRESIDING OFFICER. The States’’ as that oath says or will she talk to business owners about creating clerk will call the roll. feel she is just a little bit above it, and jobs, the No. 1 thing they bring up is The assistant legislative clerk pro- has a right to advance a social agenda their inability to get access to credit. I ceeded to call the roll. or some other broader vision for what believe the small business lending Ms. KLOBUCHAR. Mr. President, I America should be that somehow Con- fund, which I vociferously supported ask unanimous consent that the order gress did not see fit to enact, the peo- and which the Senate approved last for the quorum call be rescinded. ple’s branch did not see fit to enact, so week, will prove to be a shot in the The PRESIDING OFFICER (Mr. she should just do it anyway because arm for small business, greatly increas- SCHUMER). Without objection, it is so Congress did not act. We should act. ing access to credit. I thank my col- ordered. That is not a justification for judicial league from Louisiana, Senator Ms. KLOBUCHAR. Mr. President, I activism. LANDRIEU, and my colleague from Flor- come to the floor today in support of When Congress does not act, it does ida, Senator LEMIEUX, my colleague the small business jobs bill, which is not act. That is a decision not to act. from Washington State, Senator CANT- moving through the Senate. Courts are not empowered to set about WELL, and others, Senator SHAHEEN, for I first would like to say how much I to fix all that if they are not happy their efforts to reinstate this impor- appreciate Senator LANDRIEU of Lou- with it. tant fund. But we can’t stop there. isiana and her leadership on this bill, We are heading into an important pe- Credit unions are an important as well as the members of the Small riod for the Congress, for the Senate. source of credit for small businesses Business Committee, who have worked

VerDate Mar 15 2010 02:24 Jul 29, 2010 Jkt 089060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JY6.061 S28JYPT1 tjames on DSKG8SOYB1PROD with SENATE S6382 CONGRESSIONAL RECORD — SENATE July 28, 2010 incredibly hard to bring this bill to the with the Recovery Act. But we know agencies, and they do not know where point it is ready to get voted on. the answer cannot just be government to begin in order to make use of these When we first began discussing how jobs. We know that. What we are look- services. we could help our small businesses deal ing at is how do we work with small To help blunt the learning curve for with the issues they face in this dif- businesses that create 65 percent of the these businesses, Senator LEMIEUX and ficult economy, I spent a lot of time jobs in this country? How do we work I introduced legislation, which is in- going around my State and actually with the private sector to create jobs? cluded in this small business bill, to talking to those who run small busi- Another reason we need this bill is make sure companies have the capital nesses, who work in small businesses, that it helps small businesses increase and tools not only to continue export- to get some ideas of what would really demand for their products and services. ing but to expand their reach to those work. That is when I heard time and At a time of sluggish consumer spend- 95 percent of customers who are lo- time again about how they desperately ing, we need to be sure all American cated outside the borders of the United need capital. businesses—both big and small—have a States. In fact, according to the National chance to reach new customers abroad If we really want to get out of this Federation of Independent Business, 45 because when our companies are able economic slump, we have to look out- percent of small businesses in America to unlock new markets, they are also side our borders. We have to look at say adequate access to capital is their able to create new jobs. the customers across the world. No. 1 problem. I think this is summed Currently, the United States derives First of all, this bill increases the ac- up well in a letter I got from a con- the smallest percentage of our GDP tivities and staffing of the Department stituent of mine. He founded his first from exports compared to other major of Commerce U.S. and Foreign Com- real estate company over 20 years ago, economies—the smallest percentage mercial Service Officers in carrying out their mission. and when the market went south, he when we look at other economies Secondly, it expands the Rural Ex- did not just tighten the hatches, he ac- across the world. As people in China, in port Initiative, which helps rural busi- tually invested his savings in a new India, and other countries gain more purchasing power, there is great poten- nesses develop international opportuni- home staging business to help people ties. Every $1 invested creates $213 in tial for exports in this country because get their homes ready to be put on the rural exports. That is a return on in- the people in these countries, in China market. vestment. It does so by helping busi- and India, as they are gaining pur- Wile his new business is profitable, nesses, to prepare them for profitable chasing power, will become our poten- he still cannot get credit. In the letter growth in global markets. It focuses on tial customers. to me he said: locating and targeting new markets, More exports will mean more busi- I have approached over 10 banks and guar- the mechanics of exporting, including ness, more jobs, and more growth for anteed a loan using my building with a free shipping, documentation, and financ- the American economy. So you can fi- and clear title, and have been turned down ing. by every bank. The answer to growing the nally go in the store, look at the best My State is now seventh in the coun- economy and creating jobs is getting the good for the best price, and you can try for Fortune 500 companies. But banks to lend to low risk entrepreneurs like turn it over and it says ‘‘Made in the me. these companies did not start big. USA.’’ You can see that good on the Medtronic started in a garage. 3M The great thing is, our community shelves in China, and you can see it in started as a sandpaper company in Two banks agree. India. Harbors, MN. Target started as a dry Last week on the Senate floor, I read First and most obviously, exports goods store in the Nicollet Mall in Min- a letter I received from Harry allow a company to increase its sales neapolis, and they grew and they grew Wahlquist of Star Bank in Bertha, MN. and grow its business. Second, a diver- and they grew and a lot of how they As you can imagine, Bertha is not ex- sified base of customers helps a busi- grew was exporting their products, actly a majority metropolis. Bertha, ness weather the economic ups and building new stores across the world, MN, is not New York City. I just want downs. sending medical devices to places such to read it again because I think it Currently, less than 1 percent of all as China and India. drives home the point that there is American businesses export overseas. Well, do you know what. It is a lot broad consensus that this bill is what Of those that do, nearly 60 percent sell easier for big companies to do it be- we need. In this letter, the banker from their products to only one foreign cause they have the staff to do it. It is Bertha said this: country, typically Canada or Mexico. a lot harder for small and medium- I am a banker and need capital to continue With 95 percent of potential cus- sized companies. serving my nine Minnesota towns. Please tomers outside our borders, and with I saw success in our State, a little pass the small business lending bill now. You the purchasing power they have in- company in southern Minnesota, near gave money to Wall Street. How about Main creasing, it is clear the opportunities Austin, MN, Akkerman Inc., named Street in Minnesota? that lay in exporting for our busi- after Darryl Akkerman, who is there That is what this bill will do. It will nesses, large and small, are there. now—the son of the owner. He has been help Main Street. It does it with more But for many businesses, especially named ‘‘the trenchless digger of the than a number of provisions to expand the small and medium-sized ones, the year’’ in the United States. He has a access to credit. It provides for a 100- world looks like one of those ancient product, and it is a big one. He puts big percent exclusion on capital gains maps that contains only the outlines of steel piping underground and pushes taxes on small business investments the continent and a few coastline fea- the piping through to do trenchless made in 2009 and 2010. It increases the tures, but the rest of it is a blank space digging. Guess what. Countries such as maximum deduction for business start- of vast, unknown, and unexplored terri- China and India that have a lot of peo- up expenses to help entrepreneurs get tory. ple on the surface of their land, they do their businesses off the ground. It al- But do you know what. Thirty per- not want to dig up big trenches. They lows businesses of all sizes to write off cent of our small and medium-sized want to do trenchless digging. In the more of their investments in property businesses say they would like to ex- middle of a cornfield he has grown from and equipment to help them grow. port if they knew how, if they had the a few dozen employees to 77 employees, Provisions like these are why this connections. In many situations, our all because of exports. bill has such broad support. Whether it small and medium-sized businesses Mattracks, the moose capital of Min- is the Chamber of Commerce or the have the products. They have the serv- nesota, Karlstad, MN, has grown from 5 Independent Community Bankers of ices. They simply cannot deal with the employees to 50 employees simply by America, they want us to work to- complexity of the international mar- driving to Fargo, ND, and meeting with gether to pass this bill. kets. a woman named Heather who is with We have gotten this economy off the The overwhelming majority of busi- the Foreign Commercial Service De- cliff. We worked with our banks and nesses, even those that want to export, partment, and finding out what poten- our financial institutions 2 years ago. do not know about the export pro- tial customers they had from Turkey We also worked with the stimulus bill, motion services offered by our Federal to Kazakhstan.

VerDate Mar 15 2010 02:24 Jul 29, 2010 Jkt 089060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JY6.074 S28JYPT1 tjames on DSKG8SOYB1PROD with SENATE July 28, 2010 CONGRESSIONAL RECORD — SENATE S6383 That is what we are talking about, nancial institutions is to foster eco- couraging community banks to fund exports. I am so proud the small busi- nomic and community development in the construction of housing would not ness bill includes some major provi- underserved areas. They have a proven only put many of our unemployed con- sions, the bill Senator LEMIEUX and I track record of job creation and are ar- struction workers back on the payroll, introduced in Commerce. We got it guably the most effective way to infuse it will help revitalize the housing mar- through the committee, and it is now capital in underserved areas for com- ket, which is one of the root causes of on the small business bill. It is going to munity and economic development. this recession in the first place. But it make a world of difference so small CDFIs leverage public and private would be nice to have some Republican businesses can access a world of oppor- dollars to support economic develop- support, to have that provision in- tunity. ment projects, such as job training cluded, and to ultimately help us pass Mr. President, I yield the floor and clinics and startup loans for small the bill, so we can get people back to suggest the absence of a quorum. businesses in areas full of potential but work. The PRESIDING OFFICER (Mr. desperate for development. I hope the Republicans will join in FRANKEN). The clerk will call the roll. CDFIs have been hit hard by the re- this effort to ensure that all small The assistant editor of the Daily Di- cession because they have had to rely businesses share in the benefits of this gest proceeded to call the roll. on big banks for capital. We know and valuable program and this legislation. Mr. MENENDEZ. Mr. President, I ask have seen that capital is neither afford- If we do that, this will be a good down- unanimous consent that the order for able nor accessible and, to be honest payment on getting more people back the quorum call be rescinded. with you, not forthcoming. to work. The PRESIDING OFFICER. Without I am proud to have had bipartisan I don’t know, again, how our col- objection, it is so ordered. support on this provision that is in- leagues seem to be able to go back Mr. MENENDEZ. Mr. President, I cluded in the bill. Again, I thank Sen- home and rail about where are the jobs come to the floor to strongly support ator LANDRIEU for including it. I thank and then be here as the job killers. the legislation before the Senate on be- Senator SNOWE for cosponsoring it, That is what they seem to be doing all half of small businesses in this coun- along with Senators JOHNSON, LEAHY, the time—voting no, opposing process, try. They are the greatest generators and SCHUMER. so the creation of jobs is not achieved, of jobs in the country. We hear that so The idea is simple: If big banks don’t so that, in fact, we can find ourselves often from our colleagues on the other care about lending to small businesses in a situation in which the American side of the aisle. This is something on and communities in need of capital, people who are looking to this Senate which we agree. They are the greatest then we should empower the very orga- to help create the circumstances in generators of jobs in the country. So nizations that do care, that make it this country and the economic when we are trying to get people back their mission every day to rebuild underpinnings to drive the private sec- to work, let’s help them help us collec- Main Street across this country, and tor and create the jobs that they can tively in putting more Americans back that have a proven record of achieve- work in, which will give them gainful to work. That is what this legislation ment. As I said earlier, all the calcula- employment and help them realize is all about. tions are based upon their historic per- their hopes, dreams and aspirations We have talked a lot about pro- formance, and this provision alone, and, therefore, have money in the econ- tecting Main Street, and now this bill within this bill, could create 40,000 new omy to spend for the challenges they gives us the opportunity to do exactly jobs. have and then further enhance the rip- that. It gives communities the guaran- I don’t understand how our col- ple effect of that, which will create tees they need to get lending started leagues on the other side of the aisle more jobs. That is what this is about. again, to put money into our engines of can go back home to their States, look- It is about the private sector having job growth, and all without any pay-go ing at high unemployment, and rail the opportunities, but the private sec- implications. That is a good bill. about the realities that unemployment tor that creates the greatest rates of I wish to thank our distinguished col- continues to be high and then be here growth for job opportunities is small league from Louisiana, Senator in Washington stopping the very es- business. LANDRIEU, the chair of the Small Busi- sence of what could create the jobs to I hope our colleagues on the other ness Committee, for her hard work in reduce those unemployment levels, put side of the aisle can find their way to putting this important legislation to- people back to work, and give them the finally come together with us on this gether, as well as the ranking member dignity of having a job that can help specific piece of legislation to create of the committee, Senator SNOWE, for sustain their families and realize their jobs for our families and put America her work on the bill and particularly hopes and dreams and aspirations. I back to work. her past work with me on community don’t get it. But that is where we seem With that, I yield the floor and sug- development financial institutions or to be. We seem to be where everything gest the absence of a quorum. what we commonly call CDFIs. I am has a political equation, which is to ul- The PRESIDING OFFICER. The very grateful to Senator LANDRIEU, the timately have this President and this clerk will call the roll. chair, for including an important CDFI Congress fail, and somehow that is the The assistant legislative clerk pro- component in the bill before us. road to electoral victory. ceeded to call the roll. Let me take a moment to talk about If you were just a political tactician, Mr. WHITEHOUSE. Mr. President, I how this is an opportunity to have di- maybe that would make sense. The ask unanimous consent that the order rect and immediate opportunities to problem is, it is not about this Presi- for the quorum call be rescinded. help jump-start job growth. dent or this Congress failing; it is The PRESIDING OFFICER (Mr. It invests directly in small businesses about failing the country at one of its BEGICH). Without objection, it is so or- and local communities by supporting most critical junctures in history. I dered. community development financial in- hope we can see some support for this Mr. WHITEHOUSE. Mr. President, I stitutions, or CDFIs, and based on what legislation. know we are awaiting the arrival of the we know from historic performance— Finally, I have often heard my col- majority leader on the floor, but I wish not because we are guessing but from leagues talk about the home building to say a few words as in morning busi- historic performance—the provision I industry. Well, I have an amendment ness. authored will create approximately that is out there, and I believe we The PRESIDING OFFICER. Without 40,000 new jobs by authorizing the gov- should be supporting small businesses objection, it is so ordered. ernment to guarantee bonds issued by regardless of what industry they are in. HEALTH CARE qualified CDFIs for community and The home building industry has been Mr. WHITEHOUSE. Mr. President, al- economic development loans. Best of especially hit hard by this recession, most every family in America has ex- all, again, there are no pay-to implica- resulting in the loss of hundreds of perienced the pain of a loved one who tions. thousands of the middle-class, blue-col- has been diagnosed with cancer. Today, As their name implies, the primary lar jobs this country was built on and I want to tell the story of the Grimes mission of community development fi- that communities were built on. En- family from West Greenwich, RI.

VerDate Mar 15 2010 02:24 Jul 29, 2010 Jkt 089060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JY6.075 S28JYPT1 tjames on DSKG8SOYB1PROD with SENATE S6384 CONGRESSIONAL RECORD — SENATE July 28, 2010 According to the Rhode Island De- make recommendations regarding the most advanced technology at our dis- partment of Health, nearly 4 in every prioritization and award of NIH grants posal predictive modeling systems cur- 10 Rhode Islanders will develop cancer for pancreatic cancer research. Finally, rently used in the credit card and sometime during their life. In a State it authorizes an NIH grant program for banking industries to sift the chaff as small as ours, this means almost ev- research institutions to develop inno- from the wheat, so to speak. eryone has a friend or a family member vative compounds or technologies for These systems can analyze signifi- who is affected by this disease. For prevention, early detection, or treat- cant volumes of data and identify pat- those of us who have been touched by ment with cancers with 5-year survival terns of behavior by certain providers cancer, directly or indirectly, those are rates of less than 50 percent. And, of as presenting a high risk of fraud. memorable emotions. In my family, course, pancreatic cancer is well less These claims can then be flagged for both my mother and father died of can- than 50 percent. further investigation and denied if cer. It authorizes the Secretary of Health fraudulent. Survival rates have greatly increased and Human Services to designate two In the program’s first year, the sys- for many forms of cancer, thanks to centers of research excellence focusing tem will be rolled out in 10 States that new technology. But one form of can- on pancreatic cancer research. have the highest levels of waste, fraud cer has not seen the same progress, and As I said, our thoughts and prayers and abuse. Ten more States will be that is pancreatic cancer. Janet this evening need to be with the added in the second year. The Depart- Grimes recently wrote to me about her Grimes family. Their story, however, is ment’s inspector general will report on mother Muriel who was diagnosed with just one of many that my office has re- the effectiveness of the program at the pancreatic cancer this past April. Cur- ceived calling for this much needed in- end of each of these years. If such re- rently pancreatic cancer patients have vestment. ports demonstrate to the Secretary’s about a 6-percent chance of living more For these families and for others who satisfaction that it saves taxpayer than 5 years and about 75 percent die will face the same dread diagnosis, we funds and operates correctly, the sys- within the first year. These are dismal need to keep working toward advanc- tem will be expanded to Medicare numbers. ing pancreatic research and awareness. claims nationwide. Janet has watched this cancer deeply I hope my colleagues will join me in We must marshal our best technical affect her mother’s quality of life. support of this legislation. know-how to defeat the cheats and Janet wrote me that her 82-year-old Mr. President, I rise to speak about crooks that swindle the taxpayers and mother was active, sharp, vivacious, an important provision included in the Medicare beneficiaries. This bill starts and living in her own home in North Small Business Jobs Act that will sig- us down that road, and I applaud my Carolina until this disease struck. nificantly reduce fraud, abuse and colleagues for including it. waste of taxpayer dollars in Medicare. I yield the floor. Since then, Janet has had to move her The PRESIDING OFFICER. The ma- I commend the Senator from Florida, mother to Rhode Island to care for her, jority leader. taking a leave of absence from her Mr. LEMIEUX, who introduced the idea Mr. REID. Mr. President, on Thurs- work. In the past few months, her earlier this year. I am a cosponsor of day night, we had a successful vote on mother has lost 25 pounds, is fre- that legislation, and he and I have the small business jobs bill. It was an quently nauseated, and needs constant worked on it together with Senator amendment that had been worked on care. Janet is seeing all too clearly BAUCUS. I am gratified that my col- for more than a week by Senator how devastating this disease can be. As leagues have voted to include it in this LANDRIEU and many others, including I speak, it appears our thoughts and bill. Members on the other side of the aisle. prayers need very much to be with the Neither the public nor private sectors We were able to get the votes to pass Grimes family. have done enough to detect and pre- the amendment—60 votes on it. Now we Janet has authorized me to speak vent health care fraud. The National are back on the bill. about what is happening in her family Health Care Anti-Fraud Association es- I was told by the Republicans who because she is concerned about pan- timates that private insurers and gov- voted with us on that amendment that creatic cancer research, that it suffers ernment health care programs lose at it was appropriate before we moved to from a lack both of funding and of in- least $60 billion annually to fraud. In cloture that there be amendments by stitutional focus, constituting less 2008, HHS estimated a 3.6 percent im- the Republicans on the legislation. I than 2 percent of the National Cancer proper payment rate in Medicare fee conferred with Senator LANDRIEU and, Institute’s research funding. According for service, totaling $10.4 billion, and because Senator BAUCUS of the Finance to the American Cancer Society, pan- 10.6 percent rate in Medicare Advan- Committee had to provide some of the creatic cancer remains the fourth lead- tage, or $6.8 billion. These funds should money for some of the things we did, I ing cause of cancer death overall. In be used to provide health benefits for conferred with him. fact, they estimate that in 2010, more seniors but are squandered on crimi- We were told that there were three than 43,000 people in the United States nals instead. amendments they wanted to have: a will be diagnosed with this disease, and The Departments of Justice and Hatch amendment, one by Senator nearly 37,000 will die. Health and Human Services have taken GRASSLEY, and one by the Senator We may not yet be able to cure this important steps to attack the problem, from Nebraska, Mr. JOHANNS. We terrible disease, but there are impor- creating a joint task force on health agreed with those amendments. tant steps we in Congress can take. I care fraud and a specialized unit—the As happens around here and has for have introduced the Pancreatic Cancer Health Care Fraud Prevention and En- many years, when someone offers an Research and Education Act to help ad- forcement Action Team—to prosecute amendment, it is very traditional to dress this funding and research gap. It fraud and abuse. But in a program as have an amendment opposite that, a is a bipartisan bill cosponsored by 20 large and complex as Medicare, these so-called side-by-side amendment. I do colleagues, including 4 Republicans. It efforts are too often hindered by tech- not know what could be more fair. We makes vital investments in research nical blind spots. We can only pursue have agreed to their amendments, that into new treatments and represents a those offenders we can detect, and the we would have votes on them. Our strong Federal commitment to fight volume and speed of Medicare reim- amendments are within the same sub- back against pancreatic cancer. bursement data too often overwhelms ject matter of their amendments. I Specifically, this bill directs the Sec- our ability to catch wrongdoers. cannot understand why we cannot retary of Health and Human Services The fraud prevention provisions in move forward in good faith on this leg- to design and implement an initiative this bill represent a paradigm shift in islation. to coordinate and promote pancreatic fraud detection and prevention, moving Both parties claim they are friends of cancer research and increase physician away from the ‘‘pay and chase’’ model small business. This bill gives Members and public awareness of the disease. It to an environment in which fraudulent of both parties an opportunity to prove creates an interdisciplinary committee claims can be flagged and investigated that. to guide pancreatic research activities, before taxpayer funds are spent. The This bill expands access to credit for develop an annual strategic plan, and bill requires Medicare to deploy the small businesses across our entire

VerDate Mar 15 2010 02:24 Jul 29, 2010 Jkt 089060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JY6.067 S28JYPT1 tjames on DSKG8SOYB1PROD with SENATE July 28, 2010 CONGRESSIONAL RECORD — SENATE S6385 country, cuts taxes for small busi- Murray-Harkin amendment regarding border security, and a Kyl amendment nesses across our entire country, and education funding; Baucus amendment on death tax. expands both domestic and foreign regarding expiring provisions, as a I further ask unanimous consent that markets for small businesses. side-by-side to the Hatch R&D amend- it be in order for the majority to offer We spent the last several weeks ment; the Hatch amendment regarding a relevant side-by-side to any of the working with Members of both parties R&D; Reid amendment regarding above-mentioned amendments. to pull this bill together and bring us FMAP/Cobell funding; Grassley amend- Before the Chair rules, I would tell to the point we are today—on the verge ment regarding biodiesel; that upon the majority leader that I will work of final passage. My friends on the disposition of the listed amendments, with each of our sponsors to lock in other side of the aisle said the only no further amendments be in order; reasonable time agreements on these thing standing between us and their that the substitute amendment, as amendments. support for final passage is giving them amended, if amended, be agreed to, the Therefore, Mr. President, I propound an opportunity to vote on some of their bill, as amended, be read a third time, that alternative consent. The PRESIDING OFFICER. Is there amendments. and without further intervening action Last week, they requested we give objection? or debate, the Senate proceed to vote Mr. REID. Reserving the right to ob- them votes on three amendments. I re- on passage of the bill; finally, that peat, a Grassley amendment on a bio- ject. once this agreement is entered, the clo- The PRESIDING OFFICER. The ma- diesel tax credit; a Hatch amendment ture motions on the substitute bill be jority leader. on a research and development tax withdrawn. Mr. REID. I am terribly disappointed, credit; and a Johanns amendment on The PRESIDING OFFICER. Is there Mr. President. We have tried our ut- repeal of the corporate reporting re- objection? most to be fair and reasonable, but it is quirement in the health care bill. I do Mr. MCCONNELL. Mr. President, re- obvious there is no effort here to solve not know what could be more fair than serving the right to object. the problem with small business across saying yes. The PRESIDING OFFICER. The Re- this country. I am going to propound a unanimous publican leader. The spending caps in the Sessions consent request that would give the Mr. MCCONNELL. This is a bill amendment we voted on five times, at Republicans votes on all three of their which, at its core, initially had pretty least. Anyway, we have voted on it amendments, with a vote on a Demo- broad bipartisan support. But, as some- quite a few times. cratic alternative on each one of them. times happens in the Senate, it got all Nuclear loan guarantees. This is an In addition, I will ask for a vote on a snarled up with a variety of other mat- amendment that is suggesting there Democratic education jobs amendment ters. are not enough loan guarantees for and, of course, Republicans would have I would like to propound an alter- constructing nuclear powerplants. And an opportunity to offer an alternative native consent with the following ex- that is probably true, but that has to that amendment. If they truly are planation. When you review the record nothing to do with this bill. That is not friends of small business, if they meant on this bill, you will find that we have small business. We are talking about what they said last week, the Repub- had exactly two votes. One was a mo- tens of billions of dollars—tens of bil- licans should accept this request be- tion to proceed, and the other was on lions of dollars for one plant, and we cause we are, in effect, saying yes, and an amendment offered by the majority. are talking about five or six plants. So we would then be on a path toward The majority leader has filled the tree we are talking about maybe $50 billion. completing this bill. on three separate occasions on three That has nothing to do with small The only alternative we would have different substitutes. In effect, we have business. then, which would be disappointing for been completely shut out on the floor The McCain amendment on border se- I think most everyone, is we would in terms of amendments we wanted to curity. We know that is the place they have, by virtue of the rules, a cloture offer. We basically had to ask permis- always go—‘‘they’’ meaning my friends vote sometime in the morning. I hope sion to offer amendments. I don’t like on the other side of the aisle—is to bor- that is not necessary. that kind of process, but to get things der security. It is interesting to note Mr. President, I ask unanimous con- moving, we actually gave the other that on the supplemental appropria- sent that the pending motion to com- side copies of our first few amendments tions bill, that was one of the amend- mit be withdrawn; that all pending almost 2 weeks ago—2 weeks ago. We ments that was on the bill we got from amendments be withdrawn, except were told the other side would want al- the House, and we agreed to do that. amendment No. 4519; and that the fol- ternatives to our amendments, and it We said: Let’s do that. The money is lowing amendments be the only amend- took until about an hour ago—an hour there. Let’s do it. There was an objec- ments in order to amendment No. 4519, ago—before they produced their tion from the Republicans. with no motions to commit or motions amendments. So I feel so disappointed for a lot of to suspend the rules are in order during So to be clear, the majority leader reasons, not the least of which is small the pendency of H.R. 5297; that all moved to proceed to this bill on June businesses in America need this help. amendments included in this agree- 24, and since the time the bill was actu- The Small Business Administration ment be subject to an affirmative 60- ally pending, the small business bill needs what we are doing here, and com- vote threshold; and that if the amend- was set aside to consider six other leg- munity banks need what we are doing ment achieves that threshold, then it islative matters during that period. here. be agreed to and the motion to recon- And although I supported a number of I also feel badly for another reason. sider be laid on the table; that if it those other issues, the fact is, we have Senator LANDRIEU, the chairman of the does not achieve that threshold, then it not had any opportunity to offer Small Business Committee, has worked be withdrawn; that any majority side- amendments. on this matter tirelessly for a couple of by-side amendment be voted on first in Having said that, I believe a better weeks. The Landrieu provision was any sequence of votes; further, that de- way forward is as follows: taken out of the bill in an effort to get bate on any amendment included in the I ask unanimous consent that the enough votes to pass this. She was agreement be limited to 60 minutes cloture motions with respect to the given the assignment of getting some each, with all time divided and con- small business substitute and bill be vi- Republican support, and she did that. trolled in the usual form: tiated. That is how we got the votes last Baucus amendment regarding infor- I further ask that the following Thursday evening, because she worked mation reporting provisions health amendments be in order to the Reid with them and we picked up two Re- care as a side-by-side to Johanns substitute: the Johanns 1099 repeal, the publican votes. So I feel bad that she is amendment No. 1099 reporting amend- Hatch R&D, the Hatch tax hike preven- not going to see the fruit of her labors ment; Johanns amendment No. 1099 tion, the Grassley biodiesel, the Ses- unless something changes. She has which is on reporting; Murray-Harkin sions amendment on spending caps, a done remarkably good work. amendment regarding education fund- Hutchison amendment on nuclear loan This legislation is supported by ing; a Republican side-by-side to the guarantees, a McCain amendment on chambers of commerce and all kinds of

VerDate Mar 15 2010 02:24 Jul 29, 2010 Jkt 089060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JY6.068 S28JYPT1 tjames on DSKG8SOYB1PROD with SENATE S6386 CONGRESSIONAL RECORD — SENATE July 28, 2010 organizations. This is not a Democratic Mr. MCCONNELL. I would just say amendments which the Republicans bill; this is one that is bipartisan. If there is now substantial opposition to said they wanted to offer. We said: there ever were anything that is bipar- the bill. I sense a significant lack of Fine, you may offer those three, we tisan, it is this bill. enthusiasm on the part of our ranking will offer three, and let the Senate de- The estate tax? Let’s be serious. We member. She can speak for herself, but cide. all know, Mr. President, that this is an my advice to my friend from Louisiana Now the Senate minority leader, the effort to stall and not do this bill. is that this is worth continuing to dis- Republican leader, comes to the floor There is no suggestion that we don’t cuss to see if there isn’t some way to and objects again. He can’t have it need to do something with the estate get this bill passed in a form that is ac- both ways. He can’t complain that we tax before we end this congressional ceptable to most of the Senate. are killing time here on the floor in- session, but it has nothing to do with Ms. LANDRIEU. May I ask another stead of taking up small business and this legislation before us. We were told question? I appreciate what the Sen- then, when we return to it, object to there were three amendments they ator has said, but the ranking member finishing the bill. wanted, and we agreed to take those. has made it clear for many months now Right now, if I am not mistaken, we So regretfully, unless someone can that she doesn’t support—and I have are facing a cloture vote. That will come up with a proposal that is some- great respect for her—the Small Busi- happen automatically in the morning, thing that has reasonableness in it—I ness Lending Fund. So we actually did if I am not mistaken, on this bill, and can’t imagine what is wrong with what what we were supposed to do. We had a I am hoping we can either get a unani- we have suggested. We take their three debate for 12 hours on the floor, and ev- mous consent agreement by then or amendments, we have side-by-sides to erybody got to speak. She spoke, I some agreement by some Republicans those and go to cloture in the morning. spoke, everyone spoke. And do you to stand up for small business. I notice the consent agreement they know what happened? The minority Ms. LANDRIEU. Yes. And I thank have given us here has no time limit. I leader may remember. We got 60 votes, the Senator. know my friend said he would work on so we won. Mr. DURBIN. Is that not true? I am time agreements. And even when we Mr. MCCONNELL. If the Senator will supposed to form a question. finish this, there is nothing that says yield for a suggestion. Ms. LANDRIEU. I think the Senator we would even go to the bill then. This Ms. LANDRIEU. Hold on. I just want has assessed it correctly. But we have is the proverbial stall we have had all to say, if that is not the process, I worked in a bipartisan fashion through year—an effort to say no to everything don’t know what is. We didn’t cut that both the Finance Committee—and I see we do. So I regretfully have to object. deal in the back room. We told every- the Senator from Montana, the leader The PRESIDING OFFICER. Objec- body what we were going to do. I stood of that committee, is here—and tion is heard. out here for 12 hours. We voted in pub- through the Small Business Com- Is there objection to the majority mittee. There were a few issues that leader’s request? lic. Everyone knew about it. So if that is the definition of snarled, we have a couldn’t be worked out in those com- Mr. MCCONNELL. Reserving the mittees, so the idea is to bring them to right to object—and I will object—I real problem. But go ahead. Yes, I will yield for a the floor and get a vote. We brought would just say to my friend that this the lending provision to the floor, we bill initially did enjoy bipartisan sup- question. The PRESIDING OFFICER. The Re- had a vote, and we got 60 votes. port. But where we stand today, the So let’s just continue to move on. If Democrats want to offer amendments publican leader. Mr. MCCONNELL. I was going to say someone wants to offer an amendment about health care, about educational to strike it and take it out—I don’t funding, about FMAP, and about Cobell that those points are ones better addressed to the Senator from Maine, and think they will get that but, fine, and funding, so we have both sides sort of let’s move on. It is a very strong bill. piling on here. she is not on the floor at the moment. I am sure, if you can discuss it—you I just want to say that the only I guess I would say to my friend from amendment that has been adopted to Louisiana that this is a discussion know a great deal about it as you have worked on it together. I think you this bill has been a Republican amend- worth continuing with her counterpart, ment—with my cosponsorship—by Sen- the Senator from Maine, who is our ought to continue to discuss it. ator LEMIEUX from Florida because he leader on the Small Business Com- Ms. LANDRIEU. Well, I appreciate says he has a State full of small busi- mittee, because somewhere in all of that because I do have the greatest re- nesses that desperately need this help. this there is a bipartisan bill, if we can spect for the Senator from Maine. But So we are not that far apart. They structure the right kind of process that she has not been excited about this want eight amendments; we want eliminates the feeling—beyond feeling, program. She voted no, but we got 60 three. Maybe we can figure out five the reality of the minority getting votes for the program. So I think per- amendments that could be offered be- shut out. haps we might find a way forward. Therefore, Mr. President, I object. I am going to yield in just a minute, cause I think the small businesses of The PRESIDING OFFICER. Objec- but the minority leader said he wanted America deserve our best efforts. tion is heard. eight amendments; our side wants I thank the Senator from Illinois. The Senator from Louisiana. three. Maybe we can figure out some f Ms. LANDRIEU. Mr. President, if the way to agree on five on each side and MORNING BUSINESS minority leader will yield for a ques- get the small businesses in America Mr. REID. Mr. President, it appears tion, I appreciate how the leaders have the help they need. we have reached an impasse here. I ask tried to work together, although we I don’t know if the Senator from Illi- unanimous consent that we go into a don’t seem to be getting to an agree- nois has an idea, but the Republicans period of morning business now, with ment at this moment, but I wanted to want eight; we want three; let’s get Senators permitted to speak for up to ask the minority leader to clarify five. 10 minutes each. something. When he said things got Mr. DURBIN. If the Senator from The PRESIDING OFFICER. Without snarled up, I don’t know what has been Louisiana will yield for a question, the objection, it is so ordered. snarled. The only amendment that has majority leader just said we are going Mr. REID. I suggest the absence of a been offered on this bill, which was to continue to work on this, but I re- quorum. passed with 60 votes, was an amend- member yesterday, during the debate The PRESIDING OFFICER. The ment offered by Senator LEMIEUX from on the DISCLOSE Act, the Republican clerk will call the roll. Florida, who is a Republican. It wasn’t leader came to the floor and was crit- The assistant legislative clerk pro- mine. I was a cosponsor, but he was the ical of the fact that we had left the ceeded to call the roll. lead sponsor. It was a Republican small business bill. He said: Why don’t Ms. LANDRIEU. Mr. President, I ask amendment that was offered on the we stay on the small business bill? It is unanimous consent the order for the floor and received 60 votes. Is that very important. quorum call be rescinded. what he was referring to that got Today, we couldn’t work out an The PRESIDING OFFICER. Without snarled or was it something else? agreement when we accepted the three objection, it is so ordered.

VerDate Mar 15 2010 02:24 Jul 29, 2010 Jkt 089060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JY6.070 S28JYPT1 tjames on DSKG8SOYB1PROD with SENATE July 28, 2010 CONGRESSIONAL RECORD — SENATE S6387 Ms. LANDRIEU. I wish to speak up nity bankers, our realtors, home- with bipartisan support—although not to 10 minutes. builders—manufacturers have worked everybody supports every provision. We The PRESIDING OFFICER. Without so hard. Because of the Senator from most certainly have had a very rig- objection, it is so ordered. Montana, something that the self-em- orous debate and hopefully we can con- f ployed wanted—and Senator DURBIN tinue to keep this bill in its current SMALL BUSINESS LENDING FUND has worked on this, actually worked form, with maybe a few additions, but ACT for 8 years to put a $2 billion tax break if not, it is in very good form now, and in for the self-employed so they can get I yield the floor. Ms. LANDRIEU. Mr. President, I am a write-down for their health insur- I will suggest the absence of a still hopeful we can find a way forward. ance. They worked on that. We tried to quorum. Many things in life are worth fighting get it done on the health care bill and The PRESIDING OFFICER (Mr. for and this bill is one of them. I did could not. Senator BAUCUS promised WHITEHOUSE). The Senator from Alaska not know if we would have to fight 12 the minute we had an opportunity we is recognized. hours and a few days or 12 hours and a would do that. That is in this bill. So Mr. BEGICH. I appreciate the Sen- month. But we are going to continue to we have a $2 billion tax cut for the self- fight for a strong small business bill ator coming up for a couple of minutes employed, to help them fund insurance while I echo the concerns of the Sen- for America. for this year. It is extremely important that we ator from Louisiana. I listened to this We have $10 billion in other targeted focus our attention on small business debate that was going on for hour after tax cuts for small business as well as and that is what this bill does. We have hour and, as a new Member, I have to strengthened programs that raise the a bipartisan bill. We have had a bipar- echo what the Senator said. loan limits, et cetera. tisan amendment offered by the Repub- The committee worked on it. They I think the bill is in great shape. We lican from Florida, Republican GEORGE worked very hard, and not just the last just need to get it over the finish line, LEMIEUX, that got on this bill after 12 few weeks. For the last year and a half and I hope the Senator will continue to hours of debate. It is a stronger bill be- it seems like she has been working on fight for it because he has and I hope cause of it. this—a good small business package he will continue. Because of a request by Senator LIN- that ensures that the small business Mr. DURBIN. Will the Senator yield COLN from Arkansas and, I understand, communities of this country in my for a question? Senator SAXBY CHAMBLISS from Geor- State and your State and the State of Ms. LANDRIEU. I will yield for a gia, the leader, our leader, included at the Presiding Officer can move for- the request of both of them—not one, question. ward, can advance. The Senator did not Mr. DURBIN. She made reference to but both the Senator from Georgia and come to agreement on some, so she the fact that the Senator from Arkan- the Senator from Arkansas asked for came to the floor. She worked an sas, Senator LINCOLN, had asked for the farm disaster relief to be included. amendment and 60 people supported it. some agricultural disaster assistance It costs $1.2 billion. The wonderful That is part of the bill now. That is which is now included in this bill, and thing about it is it is paid for. part of the process. she has represented in the Senate that The status now is we have a very I don’t know about this idea of going strong bill—$12 billion in tax cuts, a this has bipartisan support? Ms. LANDRIEU. Yes. behind closed doors and trying to work small business lending program and it out when you have done that. You credit and collateral programs, a Mr. DURBIN. I don’t know if the Sen- ator has heard from others that they have done the people’s business in front strengthening of all the SBA programs, of the people. That is exactly how, I the entire bill is paid for, and we have object to her adding this in the bill, but if I am not mistaken, we are pre- thought, as a new Member of this body, bipartisan support. What could go it works. You fight your fight in the wrong? pared to take a vote on that on the floor on the agricultural disaster as- committee, you win or lose, and then Something has. I am not sure that I you get a chance down here hopefully know all the details of it, but I do sistance, if that is what is being asked of us. to offer an amendment. It might pass, know this bill is worth fighting for. I it might not pass. have been joined by the U.S. Chamber Ms. LANDRIEU. I thank the Senator I think what we have tried to do—and of Commerce, the National Federation for raising that. Although it was not I commend the Senator for it—in this of Independent Business—I am going to said publicly, I have been told pri- bill, to echo what the Senator said, is submit again the long list of associa- vately that there is some strong objec- about $12 billion that the small busi- tions supporting this bill. I wish I tion on the Republican side for includ- ness community will not have to pay could tell all these organizations that ing that. I said I thought it was a bi- to the IRS. It will save them money. It we could get this done tonight or in the partisan amendment, but if it is not, will get the IRS out of their pockets. morning. We have a vote in the morn- perhaps something could be worked out ing. where we could have a straight up-or- This is good for small business. If we cannot get it done in the morn- down vote on that on the floor. That When they made the comment on ing, and we may, I want the leader to did not seem to satisfy the critics. their side this might be killing time, know we are going to work hard over Let’s wait and see. I don’t know how to they are killing small business. Every the August break because small busi- respond other than I have heard that. I day we wait to not allow them an op- ness in America is desperate for a bill have said I think there are enough portunity to reduce their taxes, to save such as this, with a menu of choices, votes on the floor of the Senate, Re- them money, to give them a chance to things that could work for them. We publicans and Democrats, to vote to expand their businesses, is outrageous. have spent a lot of time focused on move that provision with this bill. If The second piece, on the loan pack- Main Street. there is any doubt about it, then let’s age, is a great loan package. No one is We have given a lot of tax credits for have a straight up-or-down vote on it, forcing the community banks to do it; big business. We bailed out the auto in- but we will see. it is an option. If they do it, they get dustry. We bailed out Wall Street. Yet Right now, in conclusion, the bill, a lower rate that the small businesses when it comes to supporting and com- the package that came to the floor, has then benefit from and create new jobs ing to closure on an extraordinarily one amendment offered by Republican and more jobs. They are the creators of good bill for small business, we cannot LEMIEUX and LANDRIEU, and the agri- the new economy and long-term econ- seem to do it because one side wants cultural disaster. That is it. That is omy of this country. Fifty-six percent eight amendments and one side wants what is in this bill and it is worthy of of the employment in my State is from three? We can’t figure that out? Any a positive vote. small business. This is a good plan. three? Any eight? Even if they are not If there are three or four or other Why they want to go into all these paid for, people can vote them up or things that need to be amended, we other amendments that have no rela- down. should figure that out, but I am pre- tionship to small business—it is appall- I hope these organizations that have pared to vote to move this bill to final ing. That is why the American people a lot at stake in this bill, our commu- passage because it is in excellent shape are so mad at Congress, why we have

VerDate Mar 15 2010 02:24 Jul 29, 2010 Jkt 089060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JY6.072 S28JYPT1 tjames on DSKG8SOYB1PROD with SENATE S6388 CONGRESSIONAL RECORD — SENATE July 28, 2010 an 11-percent popularity rating, be- vote on tomorrow—the only two that I thank my colleague from Wash- cause people want to put on their spe- were made to this bill—No. 1 was a ington State who may speak on this cial deals so they can say some state- LeMieux-Landrieu amendment that and other subjects. ments in a campaign, when we should added a $30 billion small business lend- She has been extraordinary. And she be focused on small business. We can ing fund that was voted on on the floor knows. She has built a small business all say then we helped save this coun- of this Senate by 60 Senators, a vol- that turned out to be quite a big busi- try from another economic collapse be- untary small business lending fund ness—very successful. So she has been cause we actually invested in the peo- that goes only to small community there before, and she understands what ple who build jobs, who work every sin- banks so they can turn around and lend businesses need, the kind of capital gle day. As we sit here and wrangle money to Main Street. That is it. they need to grow. over a couple of amendments, they are In addition, the Senator was smart I thank both Senators, particularly trying to make their businesses sur- enough to also ask for, and it was in the Senator from Rhode Island for his vive. that amendment, an antifraud provi- tremendous support. I was not planning to speak. I just sion to save the taxpayers money from I yield the floor. got a little agitated. Again, as a new people trying to defraud the Federal The PRESIDING OFFICER (Mr. Member I get so frustrated with all Government by not using their credit BEGICH.) The Senator from Rhode Is- these political gimmicks they want to cards in the right way when they pay land. add on the bills when we should be fo- for Medicaid and Medicare services. Mr. WHITEHOUSE. Mr. President, cused on one thing. Small business is That is an added benefit to the tax- shortly I will be going into the closing what we need to protect. I have been in payer. script for the evening. But before I do the small business world. I have taken The third piece of this amendment, that I wanted to first commend the out these 7(a) loans that SBA does. I to be very clear, was an expansion of Senator from Louisiana for her tenac- have dealt with the 504 loans. I have an export provision that Senator ity on the subject, Senator CANTWELL seen the impact in my State, tripling SNOWE and I jointly put on the bill that of Washington State, Senator MERKLEY the amount of small business loans be- the Senator did with Senator of Oregon, and others who have been cause we made adjustments in the Re- KLOBUCHAR. So all three aspects of the equally determined. But Senator covery Act that you are now trying to LeMieux-Landrieu amendment were LANDRIEU has been the front and center extend. It works. It actually creates jointly supported by Republicans and voice, and it has been impressive to real jobs. Democrats and debated for 12 hours on watch her in action. I wish her success For us to sit down here and have the this floor, voted on with 60 votes. and pledge her my complete support. other side come down and say we are The other amendment that was added f killing time—they are killing small to this bill in late night negotiations, ENERGY business every day. which was in public view and public Mr. WHITEHOUSE. Mr. President, I got a little agitated. I wanted to record because it was done at about come down and say my piece. As a per- before I go to the closing script, I just midnight in public view, was that the want to take a moment to express my son who had my first business license leader said—at the request of both Sen- at the age of 16 and still continue to sorrow and dismay that we appear to ator from Arkansas, Senator LINCOLN, have walked away from doing anything have business licenses today—my wife and the Senator from Georgia, Senator is a small business owner—we under- serious about our energy posture and SAXBY CHAMBLISS—he was going to put the hazard that carbon pollution is cre- stand what businesses go through. in a $1.2 billion disaster loan provision When the chairman of the Finance ating in our climate and in our atmos- for farmers, not all but many of whom Committee talked about the 179 depre- phere during the remainder of this Con- are small businesses. ciation, accelerate it, that is a huge gress. I know you might say why is that on benefit. If you can write off $250,000 in People will tell you differently, and this bill. This is a small business bill the first year and put in the 30-percent there clearly has been a massive cam- and that is a farming issue. It is an tax bracket, that is a $75,000-plus sav- paign of misinformation and disinfor- issue important to Members on both ings, hard cash now that small busi- mation funded by very powerful special sides. There are not going to be that nesses can generate and put into their interests. But I think the facts are many bills passed between now and the businesses. I don’t know how many pretty clear. History will judge us next few days. people on the other side have been in whether we are right or wrong. But I small businesses and have had to strug- Ms. LANDRIEU. The farmers are an feel safe in history’s judgment that if gle and deal with their bankers and important constituency. They have we do not act seriously to do some- deal with tax returns and all that. I broad-based support. So that is on this thing about our energy picture, there have. These provisions will make a dif- bill. That is it; the bill as it came out are real consequences coming. There ference and create jobs, not only today of Finance, the bill as it came out of are real consequences coming. but in the future. Small Business with those two amend- In my home State, you can go to I commend the chairwoman for what ments—one put in by the leader on the Johnston where there are nurseries, she is doing. I agree, it is a simple solu- request of Democrats and Republicans, and some of them have been owned for tion. Let’s move on, save our busi- another one added by a public vote, by generations. For the first time a few nesses, save our country, and protect the Members of this body. This is a years ago we had a winter bloom. A the jobs we need to have in this coun- very good bill. cherry tree in my yard in Providence try. I do not understand why we cannot bloomed in January. It has not hap- I will stop there before I go on. have eight or five or three. But I want pened before. I spoke to some of the Ms. LANDRIEU. I wish to speak for 2 the small business community out nursery owners, again, going back gen- minutes to close this out. there to know, they need to fight for erations; no recollection of that ever I thank the Senator from Alaska who this bill in its current form. We can happening. Of course, you start bloom- has been very forceful in his advocacy have a debate on nuclear policy on an ing fruit trees out of season, you can for this bill and for lending the experi- energy bill. We can have a debate on put that crop in peril. ence he has had, before he was a Sen- tax extenders on the extenders bill. We If you go out to Narragansett Bay ator, as a small business owner to help can have a debate on Tax Code changes you will see that the winter water tem- strengthen this bill. on a finance bill. But this is a very bi- perature of Narragansett Bay has I want to be very clear. As this bill partisan, strongly supported, broad- climbed about 4 degrees. That may not stands right now, this was a bipartisan based small business bill that is going seem like much to us who do not live bill when it came out of the Small to affect every Member in a positive in those waters, but as Perry Jeffries, Business Committee and the Finance way. who is a very distinguished marine bi- Committee and it still is a bipartisan I see my friend from Rhode Island. I ologist at the University of Rhode Is- bill. The only two changes that have do not want to take any more time, so land, told me years ago, that is an eco- been made to this bill we are going to I will yield the floor. system shift. Our fishermen have seen

VerDate Mar 15 2010 02:24 Jul 29, 2010 Jkt 089060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JY6.073 S28JYPT1 tjames on DSKG8SOYB1PROD with SENATE July 28, 2010 CONGRESSIONAL RECORD — SENATE S6389 that ecosystem shift. They used to There are people on this floor who times value in having a fight even trawl for winter flounder, a very pro- would come and object. We did not when you cannot win. And if there is ductive crop in Narragansett Bay. That have one Republican vote. Not one. Not value in having a fight when you can- is almost gone. The population has one. But I think we should have had not win, my God, there is value in hav- crashed 90 percent, by press reports. the fight anyway. I think it is an im- ing a fight when you can. Now they catch scup instead. There is portant fight to have. I think history I think it was worth trying. So I am nothing wrong with scup, but it does will look back on this day, and when going to keep pushing and coming to not pay what winter flounder does, and they are looking at the consequences of the Senate floor and urging my col- it has had a real effect on that indus- our heating planet, of all of the leagues to ramp up and let’s take on try. changes in our economy and our habi- this fight. We have to do it together. If you go out more broadly into our tat in our home States that will ac- We need to have a strong majority of oceans, you go up to the Presiding Offi- crue, and they look back and say: Why our caucus because not one Republican cer’s home State of Alaska, into the far did you do nothing, it will be very hard is prepared to join with us on this North, and you see ice caps that have to have an answer. issue. Not one. been there for as long as the memory of I think it would be better to answer: We have to have the support of the the Native Alaskans runs. They have Well, at least we tried. Frankly, I White House. They have to be ready to been there for as long as the memory of think because the American public is have a fight. They have to be willing to man runs. Now they are receding and so clearly behind this, if we had taken enter into a fight in which they are not disappearing and changing the entire this to the Senate floor and we had a guaranteed a victory. But the principle arctic ecosystem. real fight, if we had the White House I believe is, if you set as your own If you go down to the Southern Ocean behind us and ready for a fight, if the limit that you will not get into any and the tropical coral reefs that are environmental community was willing fight you are not guaranteed to win, the nurseries of the oceans, they are to put their resources behind this mo- you are going to miss out on the most bleaching, they are dying, they are ment and stand up at the same time important fights of your day. That is going. Many are gone. If you go way and join that fight, and if all of the no place to be when the stakes are offshore, you find garbage gyres in the hundreds and thousands of green busi- high. So here we are, and there the Pacific the size of Texas and things we nesses out there were willing to go to plaque lies: Go tell the Spartans, have dumped that are trapped out their elected officials and say: This is stranger passing by, that here, faithful there. good for the economy, good for our to their laws, we lie. You find a dead zone in seas around jobs, good for development, it will help We could have had a moment. It the world, where there simply is not put us back in the fight against China brings a little bit of goose bumps to my the oxygen left to support life. Wher- and India and the European Union, I skin to say those words. To think that ever you go, you find the acidification think we could have won. I truly think the sacrifice of those men that many of the ocean. The ocean is more acid thousands of years ago is still some- right now than it has been in 8,000 cen- we could have won. We probably would have started with thing in our minds, in our history, and turies, and 8,000 centuries is a long maybe 50 Democratic votes. I would in our consciences, I would hope that time. We are gambling with some very dan- hope a few more, but I think once we the day will soon come when we have a gerous consequences when we are not engaged and all of that pressure came similar fight right here and, win or doing something about an ocean whose and the logic of the debate began to lose, our grandchildren, and our great- acid level is the highest it has been in happen and the magic of the Senate of grandchildren, looking back on this 8,000 centuries. Science tells us that real debate, of ideas clashing, of back day when we let them down, will at there have been ocean die-offs before. and forth right here in the Chamber least know that we tried; that faithful Very bad things can happen. began to happen, I think we could have to their benefit, faithful to their good We need to take prudent action now, gotten to it. lives, we tried. and it is not as if this is a choice just But even if we had not, we should not f have walked away. We should not have between a dangerous future that we NORTHERN ILLINOIS FLOODING need to guard against and costs that we just rolled up our tent, given up, and need to impose on society now to pro- walked away because some fights are Mr. DURBIN. Mr. President, Illinois, tect against those dangers. I would be worth having even when you lose. over the weekend, had torrential rains happy to have that conversation. I There is a plaque near the pass at hit our State. They took a terrible toll think it is still important because Thermopylae where, many years ago, a on already strained water and flood those outyear concerns for our grand- very small band of Spartans held off control systems across Illinois. In a children, our great-grandchildren are the Persian Army for a while. Eventu- matter of hours, Chicago and north- so serious that it merits a little bit of ally, they were all killed. There is a western Illinois were pounded by near- effort now and maybe even a little bit burial mound where their bodies rest. ly record amounts of rainfall. An esti- of economic pain now to spare them On the burial mound there is a plaque. mated 60 billion gallons of rain fell on disaster. The plaque says: Go tell the Spartans, Chicago Friday night. I was driving in. But, in point of fact, when you make stranger passing by, that here, faithful I was there. My wife was struggling to these investments in a new green, re- to their laws, we lie. come in from Washington, and it took newable economy, you actually win. It It has been 2,000 years since those her all night to make it to Chicago. It is not lose now to win later, it is win- Spartans died at the Thermopylae led to flash flooding, a lot of evacu- win because we advance our green Pass. Today on the Senate floor, a Sen- ation, and lot of property damage. economy, we claw back the advantage ator from Rhode Island can talk about The rain actually started Thursday that the Chinese, the Indians, and oth- what they did that day. If they had night. By Friday morning, we had 6 ers—the European Union—are running said: Gosh, there are an awful lot of inches of rain and flood conditions. An- away from us right now because we Persians there; I do not know if this is other intense rain began again on Fri- have not adapted our policies to the such a great idea; we probably are not day and didn’t let up until Saturday needs of the moment. You create jobs, going to win today; we will just head morning. In Joe Daviess County, at the thousands and thousands, hundreds of up into the hills for a while and see northwest corner of our State, more thousands of jobs. how this all works out, well, maybe than 12 inches fell during the course of You reduce our deficit; that was the they would have lived another 10 or 15 the weekend. Roads are closed in Joe calculation. You clearly enhance our years, but they would have lived in Daviess, bridges are out, and the coun- national defense—there is literally no shame. They would have lived with a ty—along with several other counties dispute about that—and you take a little cloud of disgrace on their con- in the region—have declared a state of vital step toward energy independence sciences for the rest of their days. And disaster as they focus on cleanup and so we are not in that terrible cycle of 2,000 years later, no one would ever restoring basic services. funding people who wish us harm and have heard of them. No one would ever Yesterday, I talked to Mayor Larry do us harm. Those are all wins. have thought of them. There is some- Stebbins of Savannah and to Sheriff

VerDate Mar 15 2010 02:24 Jul 29, 2010 Jkt 089060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JY6.076 S28JYPT1 tjames on DSKG8SOYB1PROD with SENATE S6390 CONGRESSIONAL RECORD — SENATE July 28, 2010 Jeff Doran of Carroll County. I spoke County, Congressman MANZULLO, and be enacted into law, as the bill does not re- to Randy Prasse, too, who leads the Tri other leaders in the region. We also quire Congress to act on the Attorney Gen- County Economic Development Alli- talked to Marvin Shultz, Joe Daviess eral’s proposed offset. Moreover, it is irresponsible for Congress ance. His group is part of the local County board chair, and Rodney Fritz, to jeopardize the future standard of living of leadership working to assess damage the Carroll County board chair. They our children by borrowing from future gen- and restore business. are hurting, but they are determined. erations. The U.S. national debt is now more Across the north and northwestern They are working around the cloak to than $13 trillion. That means over $42,000 in part of Illinois, people have lost homes restore services and get their commu- debt for each man, woman and child in the and businesses, many more were forced nities back to work. United States. A year ago, the national debt to evacuate, and hundreds of thousands As the State and Governor continue was $11.2 trillion. Despite pledges to control lost power and safe drinking water. spending, Washington adds $4.6 billion to the to assess damages and options for re- national debt every single day—that is $3.2 The Chicago area was hit particu- covery assistance, I am standing ready, million every single minute. larly hard by the Friday night rains I am sure, with my colleague, Senator Second, I believe this legislation gives the which dumped 41⁄2 inches of rain on Chi- BURRIS, to help Illinois residents im- federal government too much control over cago and up to 7 inches on the nearby pacted by this flood. I look forward to the practices of state and local criminal jus- towns of Westchester and Cicero. The working with the Governor to explore tice systems. This commission is tasked with rains flooded 43 viaducts and quickly any Federal assistance for which the a very broad and comprehensive review of filled all 190 miles of the Deep Tunnel federal, tribal, state and local criminal jus- State and communities may be eligi- tice systems’ costs, practices and policies. system. ble. While I support and affirmatively rec- I would just like to say to my friends Mr. President, I might say, we were ommend individual states’ investigation and who talk about the access of our river recently asked by the States of Ten- analysis of their own criminal justice sys- and canal system to Lake Michigan nessee and Rhode Island to deal with tems, doing so is not the responsibility of that if we could not send that storm their horrible flooding conditions, and the federal government. Our Constitution es- water out into Lake Michigan, the we did, no questions asked. In this tablishes distinct responsibilities for the fed- flooding would be dramatically worse. body, we stand as a family for our Na- eral government, and we should use federal funds wisely to prioritize and support those We have a deep tunnel that gathers as tion. If one part of our Nation is strug- much water as we can in these rains, enumerated powers. By allocating $14 mil- gling with a disaster, we stand to- lion in federal funds under this legislation, but it is not enough. It was over- gether to help. No questions asked we do a disservice to our own federal crimi- whelmed this last weekend. So those about Democrats and Republicans, no nal justice system. who have a concern about the Asian questions asked about are we going to For example, the purposes of this commis- carp, as I do, need to also be as con- raise a tax to do it. Let’s help these sion are broad enough to include an analysis cerned about the environmental impact people in trouble right now. I hope of juvenile incarceration policies. The Con- of decisions that might be made. We once the assessment is made we don’t gressional Research Service (CRS) notes, are trying to put this in the context of ‘‘administering justice to juvenile offenders have to come here and ask for that as- has largely been the domain of the states economic reality, flood reality, and sistance for Illinois. But if we do, I will . . . there is no federal juvenile justice sys- certainly the reality that none of us do it with the knowledge that I have tem.’’ CRS continues, ‘‘states and localities want to see this invasive species in stood with other communities and have the primary responsibility for preven- Lake Michigan. But it is a complex other States when they have faced tion and control of domestic crime.’’ This is interconnected system, and we have to similar circumstances, and this Senate just one example of how the breadth of com- look at the entire system, not some and this government have responded mission’s duties not only fails the test of fed- quick press release that might suggest when needed. eralism, but also fails the federal criminal an easy answer that may not really justice system. By focusing on issues that f are clearly the responsibility of the states, solve the problem but may create REQUEST FOR CONSULTATION this bill gives short shrift to needs of the fed- more. eral criminal justice system. One apartment building along the Mr. COBURN. Mr. President, I ask States are already free to share with each Chicago River was evacuated before 12 unanimous consent that the following other the positive and negative features of feet of water rolled in—12 feet—flood- letter be printed in the RECORD. their individual criminal justice systems. ing the basement and cutting off elec- There being no objection, the mate- States do not need a federal commission in tricity to a 17-story building. rial was ordered to be printed in the order to communicate their ideas to one another. Furthermore, the budgetary decision The Sun came out on Sunday and, RECORD, as follows: true to form, Illinoisans began digging by a state to spend certain state revenues on U.S. SENATE, state corrections, for example, versus other out and cleaning up. The damage from SENATOR TOM COBURN, MD, state budget line items is the business of these floods led Governor Pat Quinn to Washington, DC, July 27, 2010. each individual state, not the federal govern- declare a State disaster in 12 coun- Hon. MITCH MCCONNELL, ment. Each state has different needs and pri- ties—Carroll, Cook, DuPage, Henders, Senate Minority Leader, U.S. Senate, Wash- orities based on its own unique population Joe Daviess, Lee, Mercer, Ogle, Rock ington, DC. for which it must account in its budget allo- Island, Stephenson, Whiteside, and DEAR SENATOR MCCONNELL: I am request- cations. Congress should focus on improving ing that I be consulted before the Senate en- its oversight of the federal criminal justice Winnebago. As the water begins to re- ters into any unanimous consent agreements cede, the recovery and damage assess- system under its jurisdiction so it can be an or time limitations regarding S. 714, Na- example to the states of best practices, rath- ment has just begun. Communities tional Criminal Justice Commission Act of er than spending money on a commission to such as Savannah, Westchester, Cicero, 2010. help the states determine what is right for Melrose Park, and others suffered sub- I support the goals of this legislation and their communities. stantial damage. But anyone who suf- believe that our criminal justice systems Third, the scope of the report required fered damage during this flood faces a should be effectively and efficiently man- under this legislation is entirely too broad to long difficult process to recover. Some aged. However, I believe that we can and be completed within the 18 month timeline. must do so in a fiscally responsible manner homes will need to be rebuilt in some If Congress is looking for specific rec- that upholds the Constitution. My concerns ommendations for improvements in federal, parts of our State, mold and waste re- are included in, but not limited to, those tribal, state, and local criminal justice sys- moved, possessions replaced or re- outlined in this letter. tems, this commission will not accomplish paired, highways, bridges and other First, this bill costs the American people that goal effectively in 18 months. necessary infrastructure restored, and $14 million. While an amendment proposed In fact, the Government Accountability Of- businesses reopened. by the bill’s sponsor does have offset lan- fice (GAO) has been asked to produce similar Already cash-strapped, many of the guage, it is insufficient. It does not specifi- reports in the past. However, GAO has de- affected communities are struggling to cally rescind a certain program or dollar clined to do so because of the breadth of the figure out how they will manage the amount from the Justice Department’s budg- report elements, such as the ones required et. Rather, it directs the Attorney General under this bill. In addition, in GAO’s experi- cleanup, repair the roads, restore the to propose an offset in the amount of $14 mil- ence, states do not return requests for infor- bridges, and help the residents recover. lion. This will neither guarantee a truly mation promptly or responsively in order to I spoke last night with John Blum, the wasteful or fraudulent DOJ program will be create a report that is actually helpful and County Board Chair for Stephenson eliminated, nor even guarantee an offset will valuable to Congress. In fact, the outcome of

VerDate Mar 15 2010 02:24 Jul 29, 2010 Jkt 089060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JY6.029 S28JYPT1 tjames on DSKG8SOYB1PROD with SENATE July 28, 2010 CONGRESSIONAL RECORD — SENATE S6391 the commission’s report will be heavily Disability advocates, employers, also applied for additional funding based on whether states choose to cooperate State and local officials, and policy- under the health reform law’s expan- in providing information. makers are speaking about and reflect- sion of Money Follows the Person, Even if the report were narrowed to only ing on how they have worked together which is slated to provide $2.25 billion study the federal criminal justice system, the scope of issues to be examined is still too and joined forces during the last two in new funding through 2016. extensive. In this bill, the term ‘‘criminal decades to make major changes in Another program that has been cen- justice system’’ remains far too broad. While housing, in transportation, and in tral to Wisconsin’s growing success in a report on only the federal criminal justice health and social services. making long-term services both more system could be valuable to Congress, to be There is much discussion in the news available and more focused on each effective, such a report should be narrowly and online about the ADA as well. In person’s individual needs is its Aging targeted on specific features of the federal an online video entitled ‘‘We Came To- and Disability Resource Center initia- criminal justice system, such as law enforce- gether: Wisconsin Reflects on the tive. State officials started ADRCs in ment, courts, or detention facilities. ADA’s 20th Anniversary,’’ one Wis- 1998 in 8 of the State’s 72 counties, and Finally, Congress already has the authority to request reports and studies of the fed- consin disability rights advocate, Dick they have been gradually spreading and eral and tribal criminal justice system. The Pomo, observes that ‘‘disability today opening in new counties ever since. The Judiciary Committee and its subcommittees is simply a fact of life—not a way of goal is to have a statewide network of are also free to hold hearings on the topics life.’’ This statement is testament to ADRCs in place by 2012, operated either outlined in this legislation. Arguably, the the hard work of millions of Americans by county government or nonprofit or- Judiciary Committee is abdicating to the who have come together over the last ganizations. Often called the ‘‘front commission part of the responsibilities it is several decades, and who have jour- door’’ of long-term care, ADRCs are already federally funded to perform. The neyed to State capitals and Wash- charged with serving all State resi- commission is not necessary in order for Congress to study these issues, and it is like- ington, DC, to deliver the message that dents by providing them with unbiased, ly duplicative of existing Judiciary Com- they wanted to participate fully in so- comprehensive information about what mittee duties. ciety. Simply put, they did not take services and options are available to Our federal government has a debt of over ‘‘no’’ for an answer. them, and, where appropriate, with eli- $13 trillion. While I realize there are likely I am also reminded that in the Sen- gibility and enrollment information for changes we should consider making to our ate the ADA is one of the legacies of the Medicaid Family Care managed federal criminal justice system, I do not be- the late Senator Edward Kennedy, with long-term care program. lieve this commission, with its unlimited whom I worked to see that this civil I am pleased that the Obama admin- scope and $14 million in funding, is the best istration has made ADRCs—which were way to determine which improvements may rights bill became the law of the land. need to occur. Supporters of this legislation The House of Representatives experi- pioneered in Wisconsin—an important believe nothing in the bill requires the states enced a milestone this week when Rep- part of their efforts to make long-term to implement any of the commission’s rec- resentative JIM LANGEVIN of Rhode Is- services and supports a much more ommendations. It is true, sponsors included land was able to preside over the House well-defined and well-understood part language stating, the ‘‘[r]ecommendations because the Speaker’s rostrum—a of our health care system. This is con- shall not infringe on the legitimate rights of raised platform—had been made wheel- sistent with the intent and language of the states to determine their own criminal chair accessible. This is a wonderful the ADA, and also with the Supreme laws . . . .’’ However, it is hard to imagine Court’s Olmstead v. L.C. decision of a state and local governments would not feel and public symbol of accessibility, a pressure to enact whatever changes the com- core principle of the ADA. decade ago, asserting that involuntary mission recommends. Thus, in effect, not There are many other concrete, visi- institutionalization of people with dis- only would the federal government ulti- ble gains: kneeling buses, sidewalks abilities was discriminatory under the mately shape state and local criminal justice and driveways with curb cuts, cross- ADA. I commend U.S. Secretary of policy, but state and local governments walks with traffic lights that make au- Health and Human Services Kathleen could also easily determine they ‘‘deserve’’ dible noises to signal when it is safe to Sebelius for her efforts to engage federal funds to enact what the Congression- walk, and elevators and ramps that States in the complex and critical ally-established commission proposes. have been artfully worked into the tasks of improving the availability of While there is no question there are vast improvements to be made at all levels of the structure of new buildings and even community-based long-term services criminal justice system, the federal govern- many historic ones. For all this and and supports, while simultaneously im- ment should focus on remedying the growing much more, I salute the tirelessness proving the quality and accountability problems in the federal criminal justice sys- and tenacity of disability advocates of services that are provided in nursing tem, not spending federal funds to determine across the country who have joined homes. what states are doing wrong and how to fix forces to make American society far One of my constituents recently those problems. States can improve their more open and accessible to all. shared with me a story that dem- criminal justice systems by learning from As chairman of the Special Com- onstrates both how important the ADA other states, as well as the federal govern- mittee on Aging, I know that many of has been to people with disabilities, ment, if only Congress would effectively perform oversight of and insist on improve- these changes will also be of enormous and also how far we still have to work ments within the federal criminal justice benefit to our now rapidly aging soci- toward a more inclusive and accessible system to make it an example the states can ety. Equally important are a series of society. Steve Verriden has been a emulate. changes that are now transforming the quadriplegic for 35 years, the result of Sincerely, way health and social services are de- a dive into a lake when he was just 23 TOM A. COBURN, M.D., livered to those with lifelong disabil- years old. Following his life-changing United States Senator. ities, as well as to older Americans accident, he spent years in a nursing f whose disabilities are age related. home before he was able to use a com- One such key program, known as munity integration waiver to transi- 20TH ANNIVERSARY OF THE Money Follows the Person, is a Med- tion to home-based assistance. With his AMERICANS WITH DISABILITIES icaid demonstration initiative in which new independence, Steve was also able ACT Wisconsin has participated since 2003. to go back to school to complete a de- Mr. KOHL. Mr. President, I rise to This program allows States to transi- gree in journalism. highlight the significance of the many tion beneficiaries in nursing homes to Steve has experienced how the ADA events and announcements occurring community-based living situations if has changed the lives of people with around the country to celebrate the en- they wish to do so. Funds are used for disabilities, literally opening doors actment of the 1990 Americans with various purposes—for example, for that were before inaccessible to people Disabilities Act. This week in Wis- ramps, clothes, equipment and fur- in wheelchairs and with severe disabil- consin, disability advocates are hold- niture. In Wisconsin, funds have been ities. As Steve transitioned out of fa- ing multiple events around the State used to reduce the number of nursing cility living and returned to school be- to commemorate the signing of the law facility beds and to track spending on fore the ADA was passed, he knows on July 26, 1990, at a White House cere- long-term care services and supports what it was like to have to wait in the mony by President George H.W. Bush. on an individual level. The State has cold for someone to open a door for

VerDate Mar 15 2010 03:32 Jul 29, 2010 Jkt 089060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JY6.007 S28JYPT1 tjames on DSKG8SOYB1PROD with SENATE S6392 CONGRESSIONAL RECORD — SENATE July 28, 2010 him, hope the classes he needed to take Paul Doucas, attending Georgetown Uni- love of our environment, an apprecia- would be offered on a wheelchair-acces- versity interning in the Office of Sen. Herb tion of diversity, and an idealism and sible building, and rely on friends to Kohl. optimism in the future of our country. drive him and his wheelchair around Justin Folsom, graduate of Montana State These are values that must continue to University interning in the Office of Sen. before kneeling buses came along. Jon Tester. be cultivated and strengthened in com- Steve has since worked with an Inde- Aquene Freechild, attending NYU Wagner munities all across our great Nation. pendent Living Center, recruiting and School of Public Service interning in the The Boy Scouts of America embody helping people with disabilities transi- House Committee on Appropriations. the moral values important to any so- tion from nursing homes back into the Elizabeth Garner, attending Vanderbilt ciety, and Scouts and Scout leaders are community, and sharing his personal University interning in the Office of Rep. Mi- to be commended for their good work insights with others in order to help chael R. Turner. in promoting these values. As found in Nicole Gill, attending the University of the Scout’s Handbook, ‘‘A Scout is them live more fulfilling and inde- San Francisco interning in the Office of Sen. pendent lives. Michael Enzi. trustworthy, loyal, helpful, friendly, At the ADA’s 20-year mark, it is Susan Gleiser, attending Vanderbilt Uni- courteous, kind, obedient, cheerful, clear that while we have accomplished versity interning in the Office of Rep. Pete thrifty, brave, clean, and reverent.’’ a great deal, much change still lies Sessions. Let us welcome the Boy Scouts of ahead. The Aging Committee will con- Matthew Hoppler, attending Providence America to Washington, DC, for their tinue to monitor implementation of College interning in the Office of Rep. Mi- 2010 Boy Scout National Jamboree and health care reform initiatives that are chael R. Turner. recognize their enormous contributions Justin Lee, attending Utah State Univer- designed to improve the quality of life sity interning in the Senate Committee on to our country. I commend the Boy for older adults, and will examine and Rules and Administration. Scouts of America organization for a explore new best practices and other ef- Amber Manglona, attending San Jose century’s worth of service and commit- forts that can create better services, State University interning in the Office of ment to instilling the finest values in housing, and employment opportuni- Rep. Zoe Lofgren. America’s future leaders. ties for the millions of Americans with Hallie Mast, attending Ashland University f disabilities. interning in the Office of Rep. Bob Latta. Rachael Nelson, attending Augustana Col- ADDITIONAL STATEMENTS f lege interning in the Office of Sen. Kent STENNIS CENTER PROGRAM Conrad. Ryan Oxford, attending the University of REMEMBERING GEORGE J. RITTER Mr. KOHL. Mr. President, for 8 years Michigan interning in the Office of Rep. ∑ Mr. DODD. Mr. President, today I now, the John C. Stennis Center for Michele Bachmann. Public Service Leadership has con- Kristin Palmer, attending George Wash- honor the life and career of George J. ducted a program for summer interns ington University interning in the House Ritter, who passed away on July 18, working in congressional offices. This Committee on Appropriations. 2010, at the age of 90. 6-week program is designed to enhance William Rohla, attending Minnesota State George was a remarkable public serv- their internship experience by giving University Moorhead interning in the Office ant and a person of great principle and them an inside view of how Congress of Sen. Kent Conrad. energy. His commitment to helping the Wes Wakefield, attending the University of really works. It also provides an oppor- less fortunate and for advancing social Mary interning in the Office of Sen. Kent progress through the law made a last- tunity for them to meet with senior Conrad. congressional staff and other experts to Kasey Wang, attending the University of ing impact on the city of Hartford and discuss issues ranging from the legisla- Michigan interning in the Office of Rep. the lives of many working families. tive process to the influence of the David Wu. He grew up in New Jersey, raised by media and lobbyists on Congress, to ca- Zachary Warma, attending Stanford Uni- the children of German immigrants reers on Capitol Hill. versity interning in the House Committee on who were the very embodiment of the Interns are selected for this program Armed Services. American dream. His grandfather had Jared Wrage, attending the University of based on their college record, commu- been sent to this country—alone—as Wyoming College of Law interning in the Of- little more than a child and began nity service experience, and interest in fice of Sen. Michael Enzi. a career in public service. This year, 23 Hannah Wrobel, attending the University working full time to build a new life at outstanding interns, most of them jun- of Wisconsin-Madison interning in the Office the age of 12. His parents both began iors and seniors in college, are working of Rep. Ron Kind. working when they were very young as for Democrats and Republicans in both f well. the House and Senate. Their lives and the values they es- BOY SCOUTS OF AMERICA 100TH poused had a deep impact on George, I congratulate the interns for their ANNIVERSARY participation in this valuable program and it should come as no surprise that and I thank the Stennis Center and the Mr. LEMIEUX. Mr. President, I rise he would become a stalwart advocate senior Stennis fellows for providing today to pay tribute and recognition to for advancing the economic opportuni- such a meaningful experience for these the Boy Scouts of America as they ties of all Americans, particularly for interns and for encouraging them to gather in our Nation’s Capital to cele- working families and minorities. consider a future career in public serv- brate their 100th anniversary. This clearly defined sense of social ice. The Boy Scouts of America was injustice and the value of equal opportu- I ask unanimous consent that a list corporated on February 8, 1910, by Wil- nities no doubt contributed to George’s of 2010 Stennis congressional interns liam Dickson Boyce. Over the last cen- lifelong captivation with the law and and the offices in which they work be tury, the Boy Scouts of America has the Constitution. He even hitchhiked printed in the RECORD. reached more than 114 million young as a teenager all the way to Wash- There being no objection, the mate- people by combining lifelong values ington, DC—just to observe the U.S. rial was ordered to be printed in the and educational activities with the fun Supreme Court firsthand. RECORD as follows: and wonder of the outdoors. In our Nation, the will of citizens is Jonathan Alfuth, attending the University Scouting plays an important role in the strongest force for social change. of Wisconsin-Madison interning in the Office preparing generations of young men for But building the coalitions necessary of Rep. Ron Kind. the responsibilities of adulthood. Boys to make change happen is a difficult Evan Armstrong, attending Villanova Law learn the importance of respect and task and requires a common vision and School interning in the Office of Rep. Bob community service. Through scouting commitment, and lots of energy. Latta. activities, Boy Scouts discover the sat- George certainly had energy, and got Patrick J. Behling, attending St. Olaf Col- isfaction of achievement and self-con- to work building coalitions to push for lege interning in the Office of Sen. Herb Kohl. fidence. Today’s Scouts embrace a life- change at a young age. As a student at Andrew Clough, attending the University long commitment to service, and em- Rutgers University, he worked to orga- of Oregon interning in House Committee on body the values of personal responsi- nize the nonfraternity members of the Rules. bility and self-discipline. They share a student body into a cohesive voting

VerDate Mar 15 2010 02:24 Jul 29, 2010 Jkt 089060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JY6.036 S28JYPT1 tjames on DSKG8SOYB1PROD with SENATE July 28, 2010 CONGRESSIONAL RECORD — SENATE S6393 block—which in turn, elected him to of Jamaica—a truly notable achieve- town’s landscape. Over time, small serve as the first nonfraternity student ment. businesses have come and gone, how- body president in the school’s nearly By any measure, the life of George ever, the town’s bond to agriculture is 200 year history. Ritter was an utter success. In busi- unwavering. After college, his passion for the law ness, in public life, and as the loving The 125th anniversary celebration took him to Yale Law School, in my father of five children, George led a life will be held July 24, 2010, kicking off home State of Connecticut. His legal of principle and purpose. His work ben- with Ghost Parade. More activities in- education was interrupted by his dis- efitted his community and helped to clude a road race, Jaws of Life dem- tinguished service to the United States expand opportunities for the less fortu- onstration, antique/history display, in the Pacific during World War II. nate. supper pie auction and a dance. People Upon finishing his degree, he became Even though he has passed, George’s of all ages will be able to take part in active in the U.S. labor movement. He spirit of public service lives on. His the day’s activities. and his wife and partner in social ac- sons Thomas and John have both I am proud to publicly congratulate tivism, Patricia, had the opportunity served in the State legislature, and his the community on this achievement. to travel the United States and Europe grandson Matt is a member of the As the people of Fedora take this op- studying unions and the labor move- Hartford City Council and is running to portunity to appreciate and reflect on ments that were beginning to gain fill the general assembly seat George how far the town has come from its be- steam and become a force in politics once held. ginnings, I know they understand the and society all across the globe. As a I am confident they will continue to important role Fedora plays in making young labor attorney he worked to or- build on George’s legacy, and am proud South Dakota a great State to live.∑ ganize some of Connecticut’s first mu- to call them my constituents. I wish nicipal unions, and also served as an them the best of luck, and hope that f attorney for Dr. Martin Luther King, they will continue to pass George’s val- Jr. ues and character on for generations to At the ripe old age of 36 he became come.∑ SOUTH DAKOTA STATE FAIR QUASQUICENTENNIAL Hartford Corporation counsel, which f launched a career in public service that ∑ FAITH, SOUTH DAKOTA Mr. JOHNSON. Mr. President, it is continued until 1980. He served on the with great honor that today I recognize ∑ Hartford City Council from 1959 until Mr. JOHNSON. Mr. President, today the 125th anniversary of the South Da- 1968, and in 1969 was elected to rep- I pay tribute to the 100th anniversary kota State Fair. This quasquicen- resent Hartford in the Connecticut of Faith, SD. Faith is a strong commu- tennial is meaningful to the citizens of General Assembly. During his time on nity, and I am proud to represent South Dakota, as many visit this event the council and in the general assem- them. each year for entertainment, competi- bly, George worked to highlight and When the railroad announced its plan tion and great company. Whether it is pursue progressive solutions to issues to settle a community at the edge of the 4–H competitions, carnival rides, that were not yet part of mainstream the Cheyenne Sioux Indian Reserva- live music, informational booths or the concerns; from civil rights, to elder and tion, settlers rushed to the area. Busi- many commercial vendors there is juvenile justice, to government ac- nesses sprung up before the town was something for everyone at the State countability, and of course, working to officially mapped out. The railroad de- fair. cided to plot the town south of the provide equal opportunities for all. From its humble beginnings, the He was truly a pioneer when it came tracks so the town would expand into State fair started with only 85 acres of to raising concerns about and finding Meade County. Even after the drought land that was deeded to the State of solutions to address the issue of civil in 1911, Faith continued to grow, mak- South Dakota by the Chicago and rights and equal opportunities. In fact, ing changes to its approach to farming Northwestern Railway Company for in the early 1960s—prior to the passage and ranching. When the water supply $50,000. With time, the fair grew as the of the Civil Rights Act—he and Patri- was low in 1946, the town began ship- South Dakota population grew. More cia started the Connecticut Housing In- ping in water from Mobridge, and land has been purchased, buildings vestment Fund to help finance minor- started constructing a water filtration have been constructed, and several im- ity home-ownership and integrated plant. Faith is also known for the 1990 provements have been made. Today, housing. This organization became a discovery of Sue, the most complete the grounds host a wide range of build- model for subsequent national pro- and best preserved Tyrannosaurus rex ings from the 4–H livestock complex to grams to support affordable housing. ever found. Sue is now on display at grandstands. Although changes have Throughout his career he fought tire- the Field Museum in South Dakota. been made to fair ground’s landscape lessly for the rights of workers, and the One hundred years after its founding, since its founding, the South Dakota advancement of housing, employment, Faith holds its history close while con- State Fair has stayed true to its mis- and other opportunities for minori- tinually looking to the future, dem- sion, which is to have the fairgrounds ties—including by recruiting and man- onstrating what is great about South be seen as a successful year-round, aging the campaigns of the first minor- Dakota, and why I am proud to call family-friendly venue that showcases ity candidates for the Hartford City this great State home.∑ youth, achievement, agriculture and Council and Board of Education. f He was also the first man ever ap- community. pointed to Connecticut’s Permanent FEDORA, SOUTH DAKOTA September 2–6, 2010, South Dakotans Commission on the Status of Women, ∑ Mr. JOHNSON. Mr. President, today from across the State will gather at an honor that always gave him a smile, I honor the community of Fedora, SD, the State fairgrounds in Huron to cele- and spoke volumes of his commitment and to recognize the 125th Territorial brate 125 years of our State’s history. to equal opportunities for all Ameri- Day. Situated in Miner County, Fedora With live entertainment, livestock cans. is a testament to the great State of events, the South Dakota Outdoor Even outside of public life, George South Dakota. Expo, and more, all ages will celebrate continued to work to help others. After From its beginnings, agriculture and in the day’s activities. I hope this cele- retiring from the general assembly in small businesses have played an instru- bration gives our citizens a chance to 1980, he cofounded the Independent En- mental role in the livelihood of Fedora. reflect on our shared State history, as ergy Corporation. One of the projects Fedora was originally named after the well as our promising future. of Independent Energy helped to daughter of a founding railroad execu- As frequent visitor to the South Da- streamline the electricity usage of the tive. Upon the completion of the rail- kota State Fair, I congratulate the largest business in the Caribbean re- road, the town of Fedora slowly flour- South Dakota State Fair on reaching gion. The electricity savings from that ished. A creamery, grocery store and this monumental anniversary, and I one business helped to lower the for- the Farmers Purchasing and Shipping look forward to the future as the fair eign exchange bill of the entire nation Company gradually urbanized the continues to prosper.∑

VerDate Mar 15 2010 03:32 Jul 29, 2010 Jkt 089060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JY6.038 S28JYPT1 tjames on DSKG8SOYB1PROD with SENATE S6394 CONGRESSIONAL RECORD — SENATE July 28, 2010 VIENNA, SOUTH DAKOTA Randy and Anjie Cockrum have 578 acres, 400 business-friendly community, home to ∑ of which produce hay. They also have 160 approximately 1,000 citizens and 100 Mr. JOHNSON. Mr. President, today cow/calf pairs and a meat processing oper- I recognize the town of Vienna, SD, on businesses. ation. When calf prices are low the Cockrums Every year, the Tontitown Grape reaching its 125th anniversary. market their calves as beef through their Throughout its history, this small, processing operation. They have three chil- Festival, sponsored by St. Joseph’s rural community in Clark County has dren, Siera, Tyler and Shelby. Church, has welcomed visitors of all faced many hardships yet it still re- Curt and Ellen Rankin of Lake Village ages. The festival celebrates Tonti- mains a strong town, and I congratu- (Chicot County) in the Southeast District. town’s Italian heritage with live enter- The Rankin’s farm consists of 500 acres of tainment, a carnival, an arts and crafts late the people of Vienna for all that corn, 1,950 acres of irrigated soybeans and 150 they have accomplished. fair, a used book sale, a Run for the acres of nonirrigated soybeans. They have Grapes, for both kids and adults, and Vienna was founded in 1887 along the two children, Seth and Jacob. Milwaukee railroad. Named by the Darrell and Jennifer Ford of Hope (Hemp- the annual coronation of the Queen of Austrian founders after Vienna, Aus- stead County) in the Southwest District. The the Festival. tria, this small town quickly grew as a Fords graze about 700 yearling calves per I commend the residents of the result of daily freight and passenger year. The cattle-grazing operation also pro- Tontitown area for their commitment trains. Unfortunately, a fire in 1913 de- vides pasture for outside farmers. The Fords to the history and heritage of Arkan- own 100 cows and about 25 percent of the sas. I wish them all the best as they stroyed six buildings on Main Street, calves they graze. The Fords also co-own the slowing down the progress of the town. celebrate during this year’s Grape Fes- Hope Livestock Auction, which sells roughly tival.∑ However, Vienna persevered and re- 45,000 head of cattle each year. They have built two brick buildings which housed four children, Kade, Kylan, Grace and a meat market and a drug store. In Aubrie. f 1937, a new elevator was built by the Jeremy and Leslie Allmon of Murfreesboro Vienna Grain Company, which greatly (Pike County) in the West Central District. TRIBUTE TO SHARON CAMPBELL The Allmons have 103 cows, 92 calves, 35 heif- enhanced the community. ers, 2 bulls, 2 poultry laying houses con- ∑ Ms. SNOWE. Mr. President, today I Residents of Vienna will kick off taining approximately 28,400 hens and 100 extend my heartfelt congratulations to their July 30–August 1 celebration with acres of hay on their 420 acre operation. Sharon Campbell, regional representa- a lawnmower only poker run followed They have one child, Holden, who is 2. tive for my office in Presque Isle, ME, by the Fireman Olympics, threshing Larry and Marilyn Huddleston of Waldron as she was recently honored with the bee, all-school reunion, dance, and con- (Scott County) in the Western District. The prestigious Frank Hussey Award from Huddlestons run 100 cows, 700 stocker calves clude with a Sunday morning service the Presque Isle Rotary Club, named at Bethlehem Lutheran Church. I am and produce hay on 1,340 acres. They have two children, Hannah and Cole. for a highly regarded former Presque proud to honor Vienna, a town that Isle Rotarian. contributes so much to the identity of As a seventh-generation Arkansan and farmer’s daughter, and as chair- Sharon could not be more deserving rural South Dakota, for its historic of this prestigious accolade as it recog- milestone.∑ man of the Senate Agriculture Com- mittee, I understand firsthand and ap- nizes her selfless commitment to f preciate the hard work and contribu- Aroostook County and our great State of Maine. As I have witnessed first- ARKANSAS’S FARM FAMILIES tions of our farm families. Agriculture is the backbone of Arkansas’s econ- hand, whether through her outstanding ∑ Mrs. LINCOLN. Mr. President, today omy, creating more than 270,000 jobs in tenure with me which began more than I recognize eight Arkansas families the State and providing $9.1 billion in a decade ago to her exceptional exam- who were recently selected as district wages and salaries. In total, agri- ples of giving back as a Rotary mem- winners of the Arkansas Farm Bu- culture contributes roughly $15.9 bil- ber, Sharon is the epitome of our reau’s 64th Annual Farm Family of the lion to the Arkansas economy each State’s motto, ‘‘Dirigo or I Lead,’’ Year program. This year’s winners are: year and is responsible for one out of many times over. Michael and Sarah Oxner of Searcy (White every four Arkansas jobs. Just in the past 2 years alone, Sharon County) in the East Central District. The We must work to continue the farm has diligently promoted greater lit- Oxners own Red River Farms, where they eracy in The County, leading the Ro- grow 2,700 acres of rice, 2,100 acres of soy- family tradition, so these families are able to maintain their livelihoods and tary’s Literacy and Thesaurus Project, beans, 300 acres of corn, 280 acres of cotton which distributes thesauruses to area and 700 acres of moist soil, millet, and native continue to help provide the safe, abun- grasses for wildlife. They have three chil- dant, and affordable food supply that children, and raising close to $2,000 to dren, Mary, Laura, and Paten. feeds our own country and the world start a ‘‘Children’s Book of the Month Mark and Nancy Satterfield of Norfork and that is essential to our own eco- Club,’’ where books are purchased (Baxter County) in the North Central Dis- nomic stability. every month for school libraries. trict. The Satterfields are registered seed I salute all Arkansas farm families Described by her Rotary peers as a stock producers of Charolais and Angus cat- for their hard work and dedication.∑ ‘‘get it done’’ Rotarian, Sharon strives tle with a production herd of 110 cows. They to make a substantive difference in the f have had champion bulls and females in both lives of others and in a way that gar- Arkansas and Missouri. They have two chil- 2010 TONTITOWN GRAPE FESTIVAL dren, Taylor and Justin. ners lasting results. And when it comes Lammers Farms Partnership located in ∑ Mrs. LINCOLN. Mr. President, today to galvanizing support for a new task, Manila (Mississippi County) in the Northeast I join residents of Tontitown and all it is helpful that people find it incred- District. Lammers Farms Partnership is a Arkansans to commemorate the 2010 ibly difficult to say ‘‘no’’ to her. By the family operation with three generations of Tontitown Grape Festival. For 112 same token, she is the last person who farmers. Louis and Carol Lammers, their years, the festival has celebrated the would say ‘‘no’’ herself to a challenge children Jeff Lammers and Laura Weiss, and history and heritage of this unique to help someone else. She is that car- their respective families, are partners of ing and that determined. Sharon truly Lammers Farm. Louis and Carol Lammers community nestled in the Ozark Moun- also have seven grandchildren. On 6,662 tains. exemplifies the can-do spirit and tire- acres, Lammers Farms grows 530 acres of ir- Like many American towns, the his- less work-ethic that are the hallmarks rigated upland cotton, 1,072 acres of nonirri- tory of Tontitown begins with the of the people of Maine she serves, in gated upland cotton, 2,060 acres of long grain story of immigrants. Facing high taxes particular those who proudly call The rice, 80 acres of grain sorghum, 1,207 acres of and political unrest, a group of Italian County home. irrigated soybeans, 742 acres of nonirrigated farming families set sail for the United Nothing crystallizes Sharon’s con- soybeans and 971 acres dedicated to the Con- States in 1895, hoping to start a new tributions as a Rotarian and as some- servation Reserve Program. Lammers Farms life. Father Pietro Bandini bought a one devoted to public service than the Partnership also owns a grain storage facility in Blytheville that is currently leased to plot of land in northwest Arkansas and Rotary motto of ‘‘Service Above Self.’’ Riceland. brought some 40 families to what would Her receipt of The Frank Hussey Randy and Anjie Cockrum of Rudy soon become Tontitown. Today, Award is an enduring testament to her (Crawford County) in the Northwest District. Tontitown is a culturally rich and dedication to that precept.∑

VerDate Mar 15 2010 03:32 Jul 29, 2010 Jkt 089060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JY6.031 S28JYPT1 tjames on DSKG8SOYB1PROD with SENATE July 28, 2010 CONGRESSIONAL RECORD — SENATE S6395 RECOGNIZING HUGO’S Additionally, Chef Evans and his wife H.R. 5281. An act to amend title 28, United ∑ Ms. SNOWE. Mr. President, the city Nancy are also the proud owners of States Code, to clarify and improve certain provisions relating to the removal of litiga- of Portland, ME, is quickly becoming Duckfat, another popular restaurant situated just down the street from tion against Federal officers or agencies to one of America’s most recognized loca- Federal courts, and for other purposes. tions for five-star dining experiences. Hugo’s serving European fries and H.R. 5662. An act to amend title 18, United Recognized as the 2009 ‘‘Foodiest Small sandwiches. Duckfat, whose name de- States Code, with respect to the offense of Town in America’’ by Bon Appe´tit, it rives from the manner in which they stalking. has been reported that visitors and cook their fries, is yet another example H.R. 5681. An act to improve certain ad- residents alike spend more money in of Evans’ and Pugh’s efforts to promote ministrative operations of the Library of all that Maine’s restaurant industry Congress, and for other purposes. Portland restaurants per capita than in H.R. 5682. An act to improve the operations any other U.S. city, with the exception has to offer. of certain facilities and programs of the of San Francisco and New York. The Hugo’s is an excellent representative House of Representatives, and for other pur- demand for delicious, well-prepared of a trend in Maine’s dining culture poses. food has drawn a plethora of culinary that showcases a wide variety of excit- H.R. 5730. An act to rescind earmarks for artists to the city, inspired by both the ing, creative chefs and restaurants certain surface transportation projects. challenge of cooking for an avid audi- eager to put Maine on the map when it H.R. 5810. An act to amend title 18, United ence and incorporating the bounty of comes to food. The initiatives of Rob States Code, to provide penalties for aiming Maine’s natural resources into their laser pointers at airplanes, and for other pur- Evans and Nancy Pugh have helped fos- poses. recipes. Using native ingredients such ter a revitalization of Portland’s res- H.R. 5825. An act to review, update, and re- as corn, blueberries, fiddleheads, and taurant scene, and I commend them for vise the factors to measure the severity, off-the-dock seafood, Portland res- their outstanding work. I thank every- magnitude, and impact of a disaster and to taurants have transformed even casual one at both Hugo’s and Duckfat, and evaluate the need for assistance to individ- dining into something brilliant. As wish them much success in their future uals and households. such, today I wish to recognize Hugo’s, endeavors.∑ The message also announced that the one of the many restaurants that has f House has agreed to the following con- been an integral part of this lively current resolution: MESSAGES FROM THE PRESIDENT city’s culinary renaissance. H. Con. Res. 258. Concurrent resolution Hugo’s is among the restaurants that Messages from the President of the congratulating the Commandant of the stay true to the Portland tradition of United States were communicated to Coast Guard and the Superintendent of the local and organic food. As a member of the Senate by Mrs. Neiman, one of his Coast Guard Academy and its staff for 100 the Maine Organic Farmers and Gar- secretaries. years of operation of the Coast Guard Acad- deners Association, Hugo’s is active in emy in New London, Connecticut, and for increasing local food production and si- f other purposes. multaneously supporting other Maine EXECUTIVE MESSAGES REFERRED ENROLLED BILL SIGNED small businesses. Working with these As in executive session the Presiding The message further announced that organic ingredients, Hugo’s puts a Officer laid before the Senate messages the Speaker has signed the following modern twist on American cuisine with from the President of the United enrolled bill: various international influences. They States submitting sundry nominations H.R. 5849. An act to provide for an addi- produce imaginative dishes that make which were referred to the appropriate tional temporary extension of programs the restaurant not only a favorite to committees. under the Small Business Act and the Small the locals, but also to out-of-town Business Investment Act of 1958, and for (The nominations received today are other purposes. ‘‘foodies’’ looking for an elegant meal printed at the end of the Senate pro- The message also announced that as well. ceedings.) Chef Rob Evans, the driving force be- pursuant to section 201(B) of the Inter- hind Hugo’s turned his restaurant job f national Religious Freedom Act of 1998 into a career after he landed positions MESSAGES FROM THE HOUSE (22 U.S.C. 6431), and the order of the at the famed Inn at Little Washington At 11:37 a.m., a message from the House of January 6, 2009, the Speaker in Virginia and French Laundry in House of Representatives, delivered by announces the following correction to California, studying under some of the Mr. Novotny, one of its reading clerks, the appointment of June 23, 2010, of the best chefs in the world. In 2000, Chef announced that the House has passed following member on the part of the Evans took over the former Hugo’s the following bills, in which it requests House of Representatives to the Com- Portland Bistro with his wife, Nancy the concurrence of the Senate: mission on International Religious Pugh. Soon Hugo’s became distin- Freedom, upon the recommendation of H.R. 415. An act to provide Capitol-flown guished as one of the top restaurants in the Minority Leader: Mr. Ted Van Der Maine, as well as throughout New Eng- flags to the immediate family of fire fight- ers, law enforcement officers, emergency Meid of Rochester, New York, for a land. medical technicians, and other rescue work- two-year term ending May 14, 2012, to Indeed, Chef Evans’s culinary cre- ers who are killed in the line of duty. succeed Ms. Felice Gaer. ativity has not gone unnoticed by both H.R. 2780. An act to correct and simplify his peers and others in the industry. In the drafting of section 1752 (relating to re- At 3:59 p.m., a message from the 2004 Food & Wine Magazine recognized stricted buildings or grounds) of title 18, House of Representatives, delivered by him with the ‘‘Best New Chef Award.’’ United States Code. Mr. Novotny, one of its reading clerks, Hugo’s has also been given the Four- H.R. 4748. An act to amend the Office of announced that the House recedes from Diamond title by the American Auto- National Drug Control Policy Reauthoriza- its amendment to the amendment of mobile Association, or AAA, for the tion Act of 2006 to require a northern border the Senate to the bill (H.R. 4899) mak- past 5 years. Most notably, Chef Evans counternarcotics strategy, and for other purposes. ing emergency supplemental appropria- was named the recipient last year of H.R. 5138. An act to protect children from tions for disaster relief and summer the James Beard Award, arguably one sexual exploitation by mandating reporting jobs for the fiscal year ending Sep- of the most coveted honors in the cul- requirements for convicted sex traffickers tember 30, 2010, and for other purposes. inary world, as the best chef in the and other registered sex offenders against The message further announced that Northeast. minors intending to engage in international the House agrees to the amendment of Since receiving the award, traffic at travel, providing advance notice of intended the Senate to the bill (H.R. 4899) mak- Hugo’s has significantly increased, travel by high interest registered sex offend- ing emergency supplemental appropria- ers outside the United States to the govern- with more locals intrigued by what tions for disaster relief and summer Chef Evans can do with the resources ment of the country of destination, requesting foreign governments to notify the United jobs for the fiscal year ending Sep- that make Maine the unique place that States when a known child sex offender is tember 30, 2010, and for other purposes. it is. But even with an uptick in new seeking to enter the United States, and for patrons, Chef Evans insists that Hugo’s other purposes. At 6:47 p.m., a message from the will stay the same and not forget its H.R. 5143. An act to establish the National House of Representatives, delivered by humble origins. Criminal Justice Commission. Mr. Novotny, one of its reading clerks,

VerDate Mar 15 2010 02:28 Jul 29, 2010 Jkt 089060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JY6.063 S28JYPT1 tjames on DSKG8SOYB1PROD with SENATE S6396 CONGRESSIONAL RECORD — SENATE July 28, 2010 announced that the House has passed EXECUTIVE AND OTHER EC–6852. A communication from the Assist- the following bill, without amendment: COMMUNICATIONS ant Secretary, Legislative Affairs, Depart- ment of State, transmitting, pursuant to S. 1789. An act to restore fairness to Fed- The following communications were law, a report relative to a vacancy in the po- eral cocaine sentencing. laid before the Senate, together with sition of Assistant Secretary of State (Edu- f accompanying papers, reports, and doc- cational and Cultural Affairs); to the Com- uments, and were referred as indicated: mittee on Foreign Relations. MEASURES REFERRED EC–6845. A communication from the Dep- EC–6853. A communication from the Assist- The following bills were read the first uty to the Chairman, Federal Deposit Insur- ant Secretary, Legislative Affairs, Depart- and the second times by unanimous ance Corporation, transmitting, pursuant to ment of State, transmitting, pursuant to consent, and referred as indicated: law, the report of a rule entitled ‘‘Final Rule law, status reports relative to Iraq for the H.R. 415. An act to provide Capitol-flown Regarding Amendment of the Temporary Li- period of April 14, 2010 through June 16, 2010; quidity Guarantee Program to Extend the flags to the immediate family of fire fight- to the Committee on Foreign Relations. Transaction Account Guarantee Program’’ ers, law enforcement officers, emergency EC–6854. A communication from the Assist- (RIN3064–AD37) received during adjournment medical technicians, and other rescue work- ant General Counsel for Regulatory Services, of the Senate in the Office of the President ers who are killed in the line of duty; to the Office of Elementary and Secondary Edu- of the Senate on July 23, 2010; to the Com- Committee on Rules and Administration. mittee on Banking, Housing, and Urban Af- cation, Department of Education, transmit- H.R. 2780. An act to correct and simplify fairs. ting, pursuant to law, the report of a rule en- the drafting of section 1752 (relating to re- EC–6846. A communication from the Senior titled ‘‘Notice of Final Priorities, Require- stricted buildings or grounds) of title 18, Program Analyst, Federal Aviation Adminis- ments, Definition, and Selection Criteria— United States Code; to the Committee on the tration, Department of Transportation, Smaller Learning Communities’’ (CFDA No. Judiciary. transmitting, pursuant to law, the report of 84.215L) received in the Office of the Presi- H.R. 4748. An act to amend the Office of a rule entitled ‘‘Airworthiness Directives; dent of the Senate on July 21, 2010; to the National Drug Control Policy Reauthoriza- Arrow Falcon Exporters, Inc.; AST, Inc.; Committee on Health, Education, Labor, and tion Act of 2006 to require a northern border Rotorcraft Development Corporation; Global Pensions. counternarcotics strategy, and for other pur- Helicopter Technology, Inc.; Hagglund Heli- EC–6855. A communication from the Assist- poses; to the Committee on the Judiciary. copters, LLC; International Helicopters, Inc.; ant Secretary, Employee Benefits Security H.R. 5281. An act to amend title 28, United Northwest Rotorcraft, LLC; Robinson Air Administration, Department of Labor, trans- States Code, to clarify and improve certain Crane, Inc.; San Joaquin Helicopters; S.M. mitting, pursuant to law, the report of a rule provisions relating to the removal of litiga- and T. Aircraft; Smith Helicopters; Southern entitled ‘‘Interim Final Rules for Group tion against Federal officers or agencies to Helicopter, Inc.; Southwest Florida Aviation Health Plans and Health Insurance Issuers Federal courts, and for other purposes; to International, Inc.; Tamarack Helicopters, Relating to Internal Claims and Appeals and the Committee on the Judiciary. Inc.; US Helicopter, Inc.; West Coast Fab- External Review Process Under the Patient H.R. 5662. An act to amend title 18, United rications; and Overseas Aircraft Support Inc. Protection and Affordable Care Act’’ States Code, with respect to the offense of Model AH–1G, AH–1S, HH–1K, TH–1F, TH–1L, (RIN1210–AB45) received during adjournment stalking; to the Committee on the Judiciary. UH–1A, UH–1B, UH–1E, UH–1F, UH–1H, UH– of the Senate in the Office of the President H.R. 5681. An act to improve certain ad- 1L, and UH–1P Helicopters; and Southwest of the Senate on July 23, 2010; to the Com- ministrative operations of the Library of Florida Aviation Model UH–1B (SW204 and mittee on Health, Education, Labor, and Congress, and for other purposes; to the SW204HP) and UH–1H (SW205) Helicopters’’ Pensions. Committee on Rules and Administration. ((RIN2120–AA64)(Docket No. FAA–2010–0565)) H.R. 5682. An act to improve the operation EC–6856. A communication from the Execu- received in the Office of the President of the tive Analyst (Political), Department of of certain facilities and programs of the Senate on July 27, 2010; to the Committee on House of Representatives, and for other pur- Health and Human Services, transmitting, Commerce, Science, and Transportation. pursuant to law, a report relative to a va- poses; to the Committee on Rules and Ad- EC–6847. A communication from the Senior cancy in the position of Assistant Secretary ministration. Program Analyst, Federal Aviation Adminis- for Children and Families in the Department H.R. 5810. An act to amend title 18, United tration, Department of Transportation, of Health and Human Services, received in States Code, to provide penalties for aiming transmitting, pursuant to law, the report of the Office of the President of the Senate on laser pointers at airplanes, and for other pur- a rule entitled ‘‘Airworthiness Directives; July 22, 2010; to the Committee on Health, poses; to the Committee on the Judiciary. Aircraft Industries a.s. (Type Certificate Education, Labor, and Pensions. H.R. 5825. An act to review, update, and re- G60EU Previously Held by LETECKE vise the factors to measure the severity, ZAVODY a.s. and LET Aeronautical Works) EC–6857. A communication from the Execu- magnitude, and impact of a disaster and to Model L–13 Blanik Gliders’’ ((RIN2120– tive Analyst (Political), Department of evaluate the need for assistance to individ- AA64)(Docket No. FAA–2010–0684)) received Health and Human Services, transmitting, uals and households; to the Committee on in the Office of the President of the Senate pursuant to law, a report relative to a va- Homeland Security and Governmental Af- on July 27, 2010; to the Committee on Com- cancy in the position of Assistant Secretary fairs. merce, Science, and Transportation. for Legislation in the Department of Health The following concurrent resolution EC–6848. A communication from the Execu- and Human Services, received in the Office of the President of the Senate on July 22, was read, and referred as indicated: tive Analyst, Department of Health and Human Services, transmitting, pursuant to 2010; to the Committee on Health, Education, H. Con. Res. 258. Concurrent resolution law, a report relative to a vacancy in the po- Labor, and Pensions. congratulating the Commandant of the sition of Administrator of the Centers for EC–6858. A communication from the Direc- Coast Guard and the Superintendent of the Medicare and Medicaid Services in the De- tor of Human Resources, Railroad Retire- Coast Guard Academy and its staff for 100 partment of Health and Human Services; to ment Board, transmitting, pursuant to law, a years of operation of the Coast Guard Acad- the Committee on Finance. report relative to the category rating sys- emy in New London, Connecticut, and for EC–6849. A communication from the Chief tem; to the Committee on Health, Edu- other purposes; to the Committee on Com- of the Publications and Regulations Branch, cation, Labor, and Pensions. merce, Science, and Transportation. Internal Revenue Service, Department of the EC–6859. A communication from the Gen- Treasury, transmitting, pursuant to law, the f eral Counsel, Federal Retirement Thrift In- report of a rule entitled ‘‘Internal Claims vestment Board, transmitting, pursuant to MEASURES PLACED ON THE and Appeals and External Review Processes law, the report of a proposed rule entitled CALENDAR Under the Patient Protection and Affordable ‘‘Employee Contribution Elections and Con- Care Act’’ ((RIN1545–BJ63)(TD 9494)) received The following bill was read the sec- tribution Allocations’’ (5 CFR Part 1600) rein the Office of the President of the Senate ceived in the Office of the President of the ond time, and placed on the calendar: on July 27, 2010; to the Committee on Fi- Senate on July 26, 2010; to the Committee on S. 3657. A bill to establish as a standing nance. order of the Senate that a Senator publicly EC–6850. A communication from the Chair- Homeland Security and Governmental Af- disclose a notice of intent to objecting to man of the U.S. International Trade Com- fairs. any measure or matter. mission, transmitting, pursuant to law, a re- EC–6860. A communication from the Gen- eral Counsel, Federal Retirement Thrift In- f port entitled ‘‘The Year in Trade 2009’’; to the Committee on Finance. vestment Board, transmitting, pursuant to MEASURES READ THE FIRST TIME EC–6851. A communication from the Assist- law, the report of a proposed rule entitled ant Secretary, Legislative Affairs, Depart- ‘‘Uniformed Services Accounts and Death The following bill was read the first ment of State, transmitting, pursuant to Benefits’’ (5 CFR Parts 1604 and 1651) re- time: law, a Report to Congress on Costs of Treat- ceived in the Office of the President of the S. 3663. A bill to promote clean energy jobs ment in the President’s Emergency Plan for Senate on July 26, 2010; to the Committee on and oil company accountability, and for AIDS Relief (PEPFAR); to the Committee on Homeland Security and Governmental Af- other purposes. Foreign Relations. fairs.

VerDate Mar 15 2010 02:28 Jul 29, 2010 Jkt 089060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JY6.028 S28JYPT1 tjames on DSKG8SOYB1PROD with SENATE July 28, 2010 CONGRESSIONAL RECORD — SENATE S6397 REPORTS OF COMMITTEES By Mr. CRAPO (for himself, Mr. BEGICH, Mr. BROWN of Massachusetts, BARRASSO, Mr. ENSIGN, Mr. ENZI, Mr. Mr. LIEBERMAN, Mr. THUNE, Mr. The following reports of committees HATCH, Ms. MURKOWSKI, Mr. RISCH, AKAKA, Mr. BURRIS, Mr. SESSIONS, were submitted: and Mr. ROBERTS): Mr. ROBERTS, Mr. WHITEHOUSE, Mr. By Mr. LIEBERMAN, from the Committee S. 3660. A bill to amend the Act of June 8, BOND, Mr. BENNETT, Ms. LANDRIEU, on Homeland Security and Governmental Af- 1906, to require certain procedures for desig- Mr. CHAMBLISS, Mr. INOUYE, and Mr. fairs, with an amendment in the nature of a nating national monuments, and for other CORKER): substitute: purposes; to the Committee on Energy and S. Res. 599. A resolution designating Au- S. 3267. A bill to improve the provision of Natural Resources. gust 16, 2010, as ‘‘National Airborne Day’’; assistance to fire departments, and for other By Mr. LAUTENBERG (for himself, considered and agreed to. purposes (Rept. No. 111—235). Ms. MIKULSKI, Mr. KERRY, and Mr. By Mr. REID (for himself and Mr. By Mr. BINGAMAN, from the Committee CARDIN): MCCONNELL): on Energy and Natural Resources, with S. 3661. A bill to amend the Federal Water S. Res. 600. A resolution to authorize docu- amendments: Pollution Control Act to ensure the safe and ment production and testimony by, and rep- S. 3516. A bill to amend the Outer Conti- proper use of dispersants in the event of an resentation of, the Select Committee on In- nental Shelf Lands Act to reform the man- oil spill or release of hazardous substances, telligence; considered and agreed to. agement of energy and mineral resources on and for other purposes; to the Committee on By Mr. ENZI: the Outer Continental Shelf, and for other Environment and Public Works. S. Con. Res. 69. A concurrent resolution purposes (Rept. No. 111—236). By Ms. STABENOW: recognizing the 500th anniversary of the By Mr. LIEBERMAN, from the Committee S. 3662. A bill to require the President to birth of Italian architect Andrea Palladio; to on Homeland Security and Governmental Af- prepare a quadrennial National Manufac- the Committee on the Judiciary. fairs, without amendment: turing Strategy, and for other purposes; to f H.R. 5278. A bill to designate the facility of the Committee on Commerce, Science, and the United States Postal Service located at Transportation. ADDITIONAL COSPONSORS 405 West Second Street in Dixon, Illinois, as By Mr. REID: S. 322 the ‘‘President Ronald W. Reagan Post Office S. 3663. A bill to promote clean energy jobs At the request of Mr. SCHUMER, the Building’’. and oil company accountability, and for name of the Senator from New York H.R. 5395. A bill to designate the facility of other purposes; read the first time. (Mrs. GILLIBRAND) was added as a co- the United States Postal Service located at By Mrs. FEINSTEIN (for herself, Mr. sponsor of S. 322, a bill to amend the 151 North Maitland Avenue in Maitland, CRAPO, Mr. UDALL of Colorado, Mr. Florida, as the ‘‘Paula Hawkins Post Office BENNET, and Mrs. BOXER): Internal Revenue Code of 1986 to equal- Building’’. S. 3664. A bill to amend the Internal Rev- ize the exclusion from gross income of S. 3567. A bill to designate the facility of enue Code of 1986 to exempt certain farmland parking and transportation fringe ben- the United States Postal Service located at from the estate tax, and for other purposes; efits and to provide for a common cost- 100 Broadway in Lynbrook, New York, as the to the Committee on Finance. of-living adjustment, and for other pur- ‘‘Navy Corpsman Jeffrey L. Wiener Post Of- f poses. fice Building’’. S. 379 SUBMISSION OF CONCURRENT AND f At the request of Mr. LEAHY, the SENATE RESOLUTIONS EXECUTIVE REPORTS OF name of the Senator from Maryland COMMITTEE The following concurrent resolutions (Mr. CARDIN) was added as a cosponsor and Senate resolutions were read, and of S. 379, a bill to provide fair com- The following executive reports of referred (or acted upon), as indicated: pensation to artists for use of their nominations were submitted: By Mr. WHITEHOUSE (for himself, Mr. sound recordings. By Mr. DODD for the Committee on Bank- CARDIN, Ms. MIKULSKI, Mr. CASEY, S. 1553 ing, Housing, and Urban Affairs. Mr. REED, Mrs. MURRAY, Mr. KERRY, Steve A. Linick, of Virginia, to be Inspec- At the request of Mr. GRASSLEY, the Mr. WYDEN, Mrs. FEINSTEIN, Mr. name of the Senator from Mississippi tor General of the Federal Housing Finance LIEBERMAN, Mr. WARNER, Mr. (Mr. WICKER) was added as a cosponsor Agency. MERKLEY, Mr. MENENDEZ, Ms. ´ Osvaldo Luis Gratacos Munet, of Puerto LANDRIEU, Mr. SCHUMER, Mr. NELSON of S. 1553, a bill to require the Sec- Rico, to be Inspector General, Export-Import of Florida, Mr. KAUFMAN, Ms. COL- retary of the Treasury to mint coins in Bank. LINS, Mr. GREGG, Mr. WEBB, and Mrs. commemoration of the National Fu- *Peter A. Diamond, of Massachusetts, to be BOXER): ture Farmers of America Organization a Member of the Board of Governors of the S. Res. 596. A resolution to designate Sep- and the 85th anniversary of the found- Federal Reserve System for the unexpired tember 25, 2010, as ‘‘National Estuaries Day’’; term of fourteen years from February 1, 2000. ing of the National Future Farmers of to the Committee on the Judiciary. America Organization. *Sarah Bloom Raskin, of Maryland, to be a By Mr. SESSIONS (for himself, Mr. At the request of Mr. BARRASSO, his Member of the Board of Governors of the BAYH, Mr. BENNETT, Mrs. BOXER, Mr. name was added as a cosponsor of S. Federal Reserve System for the unexpired BURR, Mr. BURRIS, Mr. CARDIN, Mr. term of fourteen years from February 1, 2002. CASEY, Mr. CHAMBLISS, Mr. COCHRAN, 1553, supra. *Janet L. Yellen, of California, to be a Mr. CRAPO, Mr. DODD, Mr. DORGAN, S. 2828 Member of the Board of Governors of the Mr. FEINGOLD, Mrs. FEINSTEIN, Mr. At the request of Mr. KERRY, the Federal Reserve System for a term of four- INHOFE, Mr. INOUYE, Mr. JOHNSON, name of the Senator from New York teen years from February 1, 2010. Mr. JOHANNS, Mr. KERRY, Ms. *Janet L. Yellen, of California, to be Vice (Mrs. GILLIBRAND) was added as a co- LANDRIEU, Mr. LUGAR, Mr. SCHUMER, sponsor of S. 2828, a bill to amend the Chairman of the Board of Governors of the Mr. SHELBY, Mr. SPECTER, Mr. TEST- Public Health Service Act to authorize Federal Reserve System for a term of four ER, and Mr. VITTER): years. S. Res. 597. A resolution designating Sep- the National Institute of Environ- *Nomination was reported with rec- tember 2010 as ‘‘National Prostate Cancer mental Health Sciences to conduct a ommendation that it be confirmed sub- Awareness Month’’; to the Committee on the research program on endocrine disrup- ject to the nominee’s commitment to Judiciary. tion, to prevent and reduce the produc- respond to requests to appear and tes- By Mr. BURR (for himself and Mrs. tion of, and exposure to, chemicals FEINSTEIN): tify before any duly constituted com- that can undermine the development of S. Res. 598. A resolution designating Sep- children before they are born and cause mittee of the Senate. tember 2010 as ‘‘National Child Awareness (Nominations without an asterisk Month’’ to promote awareness of charities lifelong impairment to their health were reported with the recommenda- benefitting children and youth-serving orga- and function, and for other purposes. tion that they be confirmed.) nizations throughout the United States and S. 2982 f recognizing efforts made by these charities At the request of Mr. KERRY, the and organizations on behalf of children and name of the Senator from Virginia (Mr. INTRODUCTION OF BILLS AND youth as critical contributions to the future WEBB) was added as a cosponsor of S. JOINT RESOLUTIONS of the Nation; considered and agreed to. 2982, a bill to combat international vio- By Ms. MURKOWSKI (for herself, Mr. lence against women and girls. The following bills and joint resolu- REED, Mr. REID, Mrs. HAGAN, Mr. tions were introduced, read the first BURR, Mrs. LINCOLN, Mr. VOINOVICH, S. 3231 and second times by unanimous con- Mr. INHOFE, Mr. CRAPO, Ms. SNOWE, At the request of Mr. GRASSLEY, the sent, and referred as indicated: Mr. BAUCUS, Mr. ISAKSON, Mr. name of the Senator from Missouri

VerDate Mar 15 2010 02:28 Jul 29, 2010 Jkt 089060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JY6.015 S28JYPT1 tjames on DSKG8SOYB1PROD with SENATE S6398 CONGRESSIONAL RECORD — SENATE July 28, 2010 (Mr. BOND) was added as a cosponsor of Maryland (Mr. CARDIN) was added as a HATCH) were added as cosponsors of S. 3231, a bill to amend the Internal cosponsor of S. 3640, a bill to amend the amendment No. 4527 intended to be pro- Revenue Code of 1986 to extend certain Internal Revenue Code of 1986 to in- posed to H.R. 5297, an act to create the tax incentives for alcohol used as fuel crease the limitations on the amount Small Business Lending Fund Program and to amend the Harmonized Tariff excluded from the gross estate with re- to direct the Secretary of the Treasury Schedule of the United States to ex- spect to land subject to a qualified con- to make capital investments in eligible tend additional duties on ethanol. servation easement. institutions in order to increase the S. 3232 S. 3647 availability of credit for small busi- At the request of Mr. BURR, the name At the request of Mr. TESTER, the nesses, to amend the Internal Revenue of the Senator from California (Mrs. name of the Senator from Montana Code of 1986 to provide tax incentives BOXER) was added as a cosponsor of S. (Mr. BAUCUS) was added as a cosponsor for small business job creation, and for 3232, a bill to amend the Internal Rev- of S. 3647, a bill to amend the Public other purposes. enue Code of 1986 to make employers of Health Service Act to provide for the AMENDMENT NO. 4531 spouses of military personnel eligible participation of particular specialists At the request of Mr. JOHANNS, the for the work opportunity credit. determined by the Secretary of Health names of the Senator from Wyoming S. 3424 and Human Services to be directly re- (Mr. BARRASSO), the Senator from Kan- At the request of Mr. DURBIN, the lated to the health needs stemming sas (Mr. ROBERTS), the Senator from name of the Senator from Washington from environmental health hazards Wyoming (Mr. ENZI), the Senator from (Ms. CANTWELL) was added as a cospon- that have led to its declaration as a South Carolina (Mr. GRAHAM) and the sor of S. 3424, a bill to amend the Ani- Public Health Emergency to be eligible Senator from North Carolina (Mr. mal Welfare Act to provide further pro- under the National Health Service BURR) were added as cosponsors of tection for puppies. Corps in the National Health Service amendment No. 4531 intended to be pro- S. 3501 Corps Loan Repayment Program, and posed to H.R. 5297, an act to create the for other purposes. At the request of Mr. HATCH, the Small Business Lending Fund Program names of the Senator from Oklahoma S. 3653 to direct the Secretary of the Treasury (Mr. INHOFE), the Senator from Texas At the request of Mr. CORNYN, the to make capital investments in eligible (Mr. CORNYN), the Senator from Kansas names of the Senator from Kentucky institutions in order to increase the (Mr. ROBERTS), the Senator from Mis- (Mr. BUNNING) and the Senator from availability of credit for small busi- sissippi (Mr. WICKER) and the Senator Mississippi (Mr. WICKER) were added as nesses, to amend the Internal Revenue from Georgia (Mr. CHAMBLISS) were cosponsors of S. 3653, a bill to remove Code of 1986 to provide tax incentives added as cosponsors of S. 3501, a bill to unelected, unaccountable bureaucrats for small business job creation, and for protect American job creation by strik- from seniors’ personal health decisions other purposes. ing the job-killing Federal employer by repealing the Independent Payment f mandate. Advisory Board. S. RES. 519 STATEMENTS ON INTRODUCED S. 3502 At the request of Mr. DEMINT, the BILLS AND JOINT RESOLUTIONS At the request of Mr. HATCH, the names of the Senator from Oklahoma name of the Senator from Utah (Mr. By Mr. REID: BENNETT) was added as a cosponsor of (Mr. INHOFE), the Senator from Texas S. 3663. A bill to promote clean en- S. Res. 519, a resolution expressing the (Mr. CORNYN), the Senator from Texas ergy jobs and oil company account- sense of the Senate that the primary (Mrs. HUTCHISON), the Senator from ability, and for other purposes; read safeguard for the well-being and pro- Kansas (Mr. ROBERTS), the Senator the first time. tection of children is the family, and from Mississippi (Mr. WICKER) and the Mr. REID. Mr. President, I ask unan- that the primary safeguards for the Senator from Georgia (Mr. CHAMBLISS) imous consent that the text of the bill were added as cosponsors of S. 3502, a legal rights of children in the United be printed in the RECORD. bill to restore Americans’ individual States are the Constitutions of the There being no objection, the text of liberty by striking the Federal man- United States and the several States, the bill was ordered to be printed in date to purchase insurance. and that, because the use of inter- the RECORD, as follows: national treaties to govern policy in S. 3528 S. 3663 the United States on families and chil- Be it enacted by the Senate and House of Rep- At the request of Ms. SNOWE, the dren is contrary to principles of self- name of the Senator from New Jersey resentatives of the United States of America in government and federalism, and that, Congress assembled, (Mr. MENENDEZ) was added as a cospon- because the United Nations Convention sor of S. 3528, a bill to promote coastal SECTION 1. SHORT TITLE. on the Rights of the Child undermines This Act may be cited as the ‘‘Clean En- jobs creation, promote sustainable fish- traditional principles of law in the ergy Jobs and Oil Company Accountability eries and fishing communities, revi- United States regarding parents and Act of 2010’’. talize waterfronts, and for other pur- children, the President should not SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; poses. transmit the Convention to the Senate TABLE OF CONTENTS. S. 3578 for its advice and consent. (a) DIVISIONS.—This Act is organized into 6 divisions as follows: At the request of Mr. JOHANNS, the S. RES. 579 name of the Senator from South Caro- (1) Division A—Oil Spill Response and Ac- At the request of Mr. BROWNBACK, the countability. lina (Mr. GRAHAM) was added as a co- name of the Senator from Connecticut (2) Division B—Reducing Oil Consumption sponsor of S. 3578, a bill to repeal the (Mr. DODD) was added as a cosponsor of and Improving Energy Security. expansion of information reporting re- S. Res. 579, a resolution honoring the (3) Division C—Clean Energy Jobs and Con- quirements for payments of $600 or life of Manute Bol and expressing the sumer Savings. more to corporations, and for other condolences of the Senate on his pass- (4) Division D—Protecting the Environ- purposes. ing. ment. (5) Division E—Fiscal Responsibility. S. 3583 AMENDMENT NO. 4527 (5) Division F—Miscellaneous. At the request of Mrs. MURRAY, the At the request of Mr. JOHANNS, the (b) TABLE OF CONTENTS.—The table of con- name of the Senator from New York names of the Senator from South Caro- tents of this Act is as follows: (Mr. SCHUMER) was added as a cospon- lina (Mr. GRAHAM), the Senator from Sec. 1. Short title. sor of S. 3583, a bill to amend title 38, Kansas (Mr. ROBERTS), the Senator Sec. 2. Organization of Act into divisions; United States Code, to increase flexi- from Kansas (Mr. BROWNBACK), the table of contents. bility in payments for State veterans Senator from Idaho (Mr. RISCH), the DIVISION A—OIL SPILL RESPONSE AND homes, and for other purposes. Senator from Wyoming (Mr. ACCOUNTABILITY S. 3640 BARRASSO), the Senator from Wyoming TITLE I—REMOVAL OF LIMITS ON At the request of Mr. UDALL of Colo- (Mr. ENZI), the Senator from Idaho (Mr. LIABILITY FOR OFFSHORE FACILITIES rado, the name of the Senator from CRAPO) and the Senator from Utah (Mr. Sec. 101. Short title.

VerDate Mar 15 2010 03:52 Jul 29, 2010 Jkt 089060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0655 E:\CR\FM\A28JY6.018 S28JYPT1 tjames on DSKG8SOYB1PROD with SENATE July 28, 2010 CONGRESSIONAL RECORD — SENATE S6399 Sec. 102. Removal of limits on liability for Sec. 623. Advance planning and prompt deci- Sec. 2132. Loan guarantees. offshore facilities. sion making in closing and re- Sec. 2133. Prohibition on disposing of ad- Sec. 103. Claims procedure. opening fishing grounds. vanced batteries in landfills. Sec. 104. Oil and hazardous substance re- Sec. 624. Oil spill technology evaluation. Sec. 2134. Plug-in Electric Drive Vehicle sponse planning. Sec. 625. Coast Guard inspections. Technical Advisory Committee. Sec. 105. Reports. Sec. 626. Certificate of inspection require- Sec. 2135. Plug-in Electric Drive Vehicle Sec. 106. Trust Fund advance authority. ments. Interagency Task Force. Sec. 627. Navigational measures for protec- TITLE II—FEDERAL RESEARCH AND DIVISION C—CLEAN ENERGY JOBS AND tion of natural resources. TECHNOLOGIES FOR OIL SPILL PRE- CONSUMER SAVINGS VENTION AND RESPONSE Sec. 628. Notice to States of bulk oil transfers. TITLE XXX—HOME STAR RETROFIT Sec. 201. Short title. Sec. 629. Gulf of Mexico Regional Citizens’ REBATE PROGRAM Sec. 202. Purposes. Advisory Council. Sec. 3001. Short title. Sec. 203. Interagency Committee. Sec. 630. Vessel liability. Sec. 3002. Definitions. Sec. 204. Science and technology advice and Sec. 631. Prompt intergovernmental notice Sec. 3003. Home Star Retrofit Rebate Pro- guidance. of marine casualties. gram. Sec. 205. Oil pollution research and develop- Sec. 632. Prompt publication of oil spill in- Sec. 3004. Contractors. ment program. formation. Sec. 3005. Rebate aggregators. TITLE III—OUTER CONTINENTAL SHELF Sec. 633. Leave retention authority. Sec. 3006. Quality assurance providers. REFORM TITLE VII—CATASTROPHIC INCIDENT Sec. 3007. Silver Star Home Retrofit Pro- Sec. 301. Short title. PLANNING gram. Sec. 302. Purposes. Sec. 701. Catastrophic incident planning. Sec. 3008. Gold Star Home Retrofit Program. Sec. 303. Definitions. Sec. 702. Alignment of response frameworks. Sec. 3009. Grants to States and Indian Sec. 304. National policy for the outer Conti- TITLE VIII—SUBPOENA POWER FOR NA- tribes. nental Shelf. TIONAL COMMISSION ON THE BP DEEP- Sec. 3010. Quality assurance framework. Sec. 305. Structural reform of outer Conti- WATER HORIZON OIL SPILL AND OFF- Sec. 3011. Report. nental Shelf program manage- SHORE DRILLING Sec. 3012. Administration. ment. Sec. 3013. Treatment of rebates. Sec. 801. Subpoena power for National Com- Sec. 306. Safety, environmental, and finan- Sec. 3014. Penalties. cial reform of the Outer Conti- mission on the BP Deepwater Sec. 3015. Home Star Efficiency Loan Pro- nental Shelf Lands Act. Horizon Oil Spill and Offshore gram. Sec. 307. Study on the effect of the mora- Drilling. Sec. 3016. Funding. TITLE IX—CORAL REEF CONSERVATION toria on new deepwater drilling DIVISION D—PROTECTING THE ACT AMENDMENTS in the Gulf of Mexico on em- ENVIRONMENT ployment and small businesses. Sec. 901. Short title. Sec. 308. Reform of other law. Sec. 902. Amendment of Coral Reef Con- TITLE XL—LAND AND WATER CON- Sec. 309. Safer oil and gas production. servation Act of 2000. SERVATION AUTHORIZATION AND Sec. 310. National Commission on Outer Sec. 903. Agreements; redesignations. FUNDING Continental Shelf Oil Spill Pre- Sec. 904. Emergency assistance. Sec. 4001. Short title. vention. Sec. 905. Emergency response, stabilization, Sec. 4002. Permanent authorization; full Sec. 311. Savings provisions. and restoration. funding. TITLE IV—ENVIRONMENTAL CRIMES Sec. 906. Prohibited activities. TITLE XLI—NATIONAL WILDLIFE REF- ENFORCEMENT Sec. 907. Destruction of coral reefs. UGE SYSTEM RESOURCE PROTECTION Sec. 908. Enforcement. Sec. 401. Short title. Sec. 909. Regulations. Sec. 4101. Short title. Sec. 402. Environmental crimes. Sec. 910. Judicial review. Sec. 4102. Definitions. TITLE V—FAIRNESS IN ADMIRALTY AND DIVISION B—REDUCING OIL CONSUMP- Sec. 4103. Liability. MARITIME LAW TION AND IMPROVING ENERGY SECU- Sec. 4104. Actions. Sec. 501. Short title. RITY Sec. 4105. Use of recovered amounts. Sec. 4106. Donations. Sec. 502. Repeal of limitation of Shipowners’ TITLE XX—NATURAL GAS VEHICLE AND Liability Act of 1851. INFRASTRUCTURE DEVELOPMENT TITLE XLII—GULF COAST ECOSYSTEM RESTORATION Sec. 503. Assessment of punitive damages in Sec. 2001. Definitions. maritime law. Sec. 2002. Program establishment. Sec. 4201. Gulf Coast Ecosystem restoration. Sec. 504. Amendments to the Death on the Sec. 2003. Rebates. TITLE XLIII—HYDRAULIC FRACTURING High Seas Act. Sec. 2004. Infrastructure and development CHEMICALS Sec. 505. Effective date. grants. Sec. 4301. Disclosure of hydraulic fracturing TITLE VI—SECURING HEALTH FOR Sec. 2005. Loan program to enhance domes- chemicals. OCEAN RESOURCES AND ENVIRON- tic manufacturing. MENT (SHORE) TITLE XXI—PROMOTING ELECTRIC TITLE XLIV—WATERSHED RESTORATION Sec. 601. Short title. VEHICLES Sec. 4401. Watershed restoration. Subtitle A—National Oceanic and Atmos- Sec. 2101. Short title. DIVISION E—FISCAL RESPONSIBILITY pheric Administration Oil Spill Response, Sec. 2102. Definitions. Sec. 5001. Modifications with respect to Oil Containment, and Prevention Subtitle A—National Plug-in Electric Drive Spill Liability Trust Fund. Sec. 611. Improvements to National Oceanic Vehicle Deployment Program. DIVISION F—MISCELLANEOUS and Atmospheric Administra- Sec. 2111. National Plug-In Electric Drive Sec. 6001. Budgetary effects. tion oil spill response, contain- Vehicle Deployment Program. ment, and prevention. Sec. 2112. National assessment and plan. DIVISION A—OIL SPILL RESPONSE AND Sec. 612. Use of Oil Spill Liability Trust Sec. 2113. Technical assistance. ACCOUNTABILITY Fund for preparedness, re- Sec. 2114. Workforce training. TITLE I—REMOVAL OF LIMITS ON sponse, damage assessment, and Sec. 2115. Federal fleets. LIABILITY FOR OFFSHORE FACILITIES restoration. Sec. 2116. Targeted Plug-in Electric Drive SEC. 101. SHORT TITLE. Vehicle Deployment Commu- Sec. 613. Investment of amounts in Damage This title may be cited as the ‘‘Big Oil nities Program. Assessment and Restoration Bailout Prevention Unlimited Liability Act Sec. 2117. Funding. Revolving Fund in interest- of 2010’’. Subtitle B—Research and Development bearing obligations. SEC. 102. REMOVAL OF LIMITS ON LIABILITY FOR Sec. 614. Strengthening coastal State oil Sec. 2121. Research and development pro- OFFSHORE FACILITIES. spill planning and response. gram. (a) IN GENERAL.—Section 1004(a)(3) of the Sec. 615. Gulf of Mexico long-term marine Sec. 2122. Advanced batteries for tomorrow Oil Pollution Act of 1990 (33 U.S.C. 2704(a)(3)) environmental monitoring and prize. is amended by striking ‘‘plus $75,000,000’’ and research program. Sec. 2123. Study on the supply of raw mate- inserting ‘‘and the liability of the respon- Sec. 616. Arctic research and action to con- rials. sible party under section 1002’’. duct oil spill prevention. Sec. 2124. Study on the collection and pres- (b) EFFECTIVE DATE.—The amendment Subtitle B—Improving Coast Guard Response ervation of data collected from made by this section shall apply to all and Inspection Capacity plug-in electric drive vehicles. claims or actions brought within the limita- Sec. 621. Secretary defined. Subtitle C—Miscellaneous tions period applicable to the claims or ac- Sec. 622. Arctic maritime readiness and oil Sec. 2131. Utility planning for plug-in election, including any claims or actions pending spill prevention. tric drive vehicles. on the date of enactment of this Act and any

VerDate Mar 15 2010 02:28 Jul 29, 2010 Jkt 089060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JY6.049 S28JYPT1 tjames on DSKG8SOYB1PROD with SENATE S6400 CONGRESSIONAL RECORD — SENATE July 28, 2010 claims arising from events occurring prior to ‘‘(v) describe the training, equipment test- mitigate or prevent a substantial threat of the date of enactment of this Act. ing, periodic unannounced drills, and re- such a discharge; and SEC. 103. CLAIMS PROCEDURE. sponse actions of persons on the vessel or at ‘‘(viii) in the case of a plan for a nontank (a) WAITING PERIOD.—Section 1013(c)(2) of the facility, to be carried out under the plan vessel, consider any applicable State-man- the Oil Pollution Act of 1990 (33 U.S.C. to ensure the safety of the vessel or facility dated response plan in effect on August 9, 2713(c)(2)) is amended by striking ‘‘settled by and to meet the requirements of this sub- 2004, and ensure consistency to the max- any person by payment within 90 days’’ and paragraph; imum extent practicable.’’; and inserting ‘‘settled in whole by any person by ‘‘(vi) describe the environmental effects of (4) by adding at the end the following: payment within 30 days’’. the response plan methodologies and equip- ‘‘(J) TECHNOLOGY STANDARDS.—The Presi- (b) PROCESSING OF CLAIMS.—Section ment; dent may establish requirements and guid- 1012(a)(4) of the Oil Pollution Act of 1990 (33 ‘‘(vii) describe the process for communica- ance for using the best available technology U.S.C. 2712(a)(4)) is amended by inserting be- tion and coordination with Federal, State, and methods in response plans, which shall fore the semicolon at the end the following: and local agencies before, during, and after a be based on performance metrics and stand- ‘‘and, in the event of a spill of national sig- response to a discharge; ards whenever practicable. nificance, administrative and personnel ‘‘(viii) identify the effective daily recovery ‘‘(K) APPROVAL OF EXISTING PLANS.— costs to process claims (including the costs capacity for the quantity of oil or hazardous ‘‘(i) IN GENERAL.—The President shall— of commercial claims processing, expert ‘‘(I) implement an expedited review process services, training, and technical services)’’. substance that will be removed under the response plan immediately following the dis- of all response plans that were valid and ap- SEC. 104. OIL AND HAZARDOUS SUBSTANCE RE- charge and at regular, identified periods; proved on the day before the date of enact- SPONSE PLANNING. ment of this subparagraph to identify those (a) AREA COMMITTEES.—Section 311(j)(4)(A) ‘‘(ix) in the case of oil production, drilling, response plans that do not meet the require- of the Federal Water Pollution Control Act and workover facilities, describe the specific ments of this section; and (33 U.S.C. 1321(j)(4)(A)) is amended— measures to be used in response to a blowout ‘‘(II) require those response plans to be (1) by striking ‘‘from qualified’’ and insert- or other event involving loss of well control; ing ‘‘from— ‘‘(x) identify provisions for the owner or amended to conform to the requirements of ‘‘(i) qualified’’; operator of a tank vessel, nontank vessel, or this section as soon as practicable after the (2) by striking the period at the end and in- facility to report the actual quantity of oil date of enactment of this subparagraph. serting ‘‘; and’’; and or a hazardous substance removed at regular, ‘‘(ii) EXISTING PLANS.—Notwithstanding (3) by adding at the end the following: identified periods following the discharge; any other provision of this section, a re- ‘‘(ii) individuals representing industry, ‘‘(xi) identify potential economic and eco- sponse plan that was valid and approved on conservation, and the general public.’’. logical impacts of a worst-case discharge and the day before the date of enactment of this (b) NATIONAL RESPONSE SYSTEM.—Section response activities to prevent or mitigate, to subparagraph— 311(j)(5) of the Federal Water Pollution Con- the maximum extent practicable, those im- ‘‘(I) shall remain valid and approved until trol Act (33 U.S.C. 1321(j)(5)) is amended— pacts in the event of a discharge; required to be updated pursuant to clause (i); (1) in subparagraph (A), by adding at the ‘‘(xii) be updated periodically; and and end the following: ‘‘(xiii) be resubmitted for approval of each ‘‘(II) shall not be found not to be valid and ‘‘(iii) The President shall ensure that the significant change.’’; approved as a result of the enactment of this regulations promulgated pursuant to this (3) in subparagraph (E), by striking clauses subparagraph. paragraph are designed to prevent, to the (i) through (v) and inserting the following: ‘‘(iii) PUBLIC NOTICE.—The President shall maximum extent practicable, injury to the ‘‘(i) require notice of a new proposed re- provide public notice of the process for up- economy, jobs, and the environment, includ- sponse plan or significant modification to an dating response plans required by clause ing to prevent— existing response plan for an offshore facil- (i).’’. ‘‘(I) loss of, destruction of, or injury to, ity to be published in the Federal Register (c) DEFINITIONS.—Section 311(a)(24)(B) of real or personal property; and provide for a public comment period for the Federal Water Pollution Control Act (33 ‘‘(II) loss of subsistence use of natural re- the plan of at least 30 days, taking into ap- U.S.C. 1321(a)(24)(B)) is amended by inserting sources; propriate consideration security concerns ‘‘, including from an unanticipated and un- ‘‘(III) loss of revenue; and any proprietary issues otherwise pro- controlled blowout or other loss of well con- ‘‘(IV) loss of profits or earning capacity; vided by law; trol,’’ after ‘‘foreseeable discharge’’. ‘‘(V) an increase in the cost of providing ‘‘(ii) promptly review the response plan; SEC. 105. REPORTS. public services to remove a discharge; and ‘‘(iii) require amendments to any plan that Not later than 180 days after the date of ‘‘(VI) loss of, destruction of, or injury to, does not meet the requirements of this para- enactment of this Act and every 90 days natural resources. graph; thereafter until all claims resulting from the ‘‘(iv) The President shall promulgate regu- ‘‘(iv) approve any plan only after finding, blowout and explosion of the mobile offshore lations that clarify the requirements of a re- based on evidence in the record, that— drilling unit Deepwater Horizon that occurred sponse plan in accordance with subparagraph ‘‘(I) the response plan meets the require- April 20, 2010, and resulting hydrocarbon re- (D).’’; ments of subparagraph (D); leases into the environment, have been paid, (2) by striking subparagraph (D) and in- ‘‘(II) the methods and equipment proposed the administrator of the fund described in serting the following: to be used under the response plan are dem- paragraph (1) shall submit to Congress a re- ‘‘(D) A response plan required under this onstrated to be technologically feasible in port that describes— paragraph shall— the area and under the conditions in which (1) the status of the compensation fund es- ‘‘(i) be consistent with the requirements of the tank vessel, nontank vessel, or facility is tablished by British Petroleum Company to the National Contingency Plan and Area proposed to operate; pay claims resulting from the blowout and Contingency Plans; ‘‘(III) the available scientific information explosion; and ‘‘(ii) identify the qualified individual hav- about the area allows for identification of (2) each claim that has been paid from that ing full authority to implement removal ac- potential impacts to ecological areas and fund. tions, and require immediate communica- protection of those areas in the event of a SEC. 106. TRUST FUND ADVANCE AUTHORITY. tions between that individual and the appro- discharge, including adequate surveys of Section 6002(b)(2) of the Oil Pollution Act priate Federal official and the persons pro- wildlife; and of 1990 (33 U.S.C. 2752(b)(2)) is amended by viding personnel and equipment pursuant to ‘‘(IV) the response plan describes the quan- striking ‘‘the discharge of oil that began in clause (iii); tity of oil likely to be removed in the event 2010 in connection with the explosion on, and ‘‘(iii) identify, and ensure by contract or of a worst-case discharge; sinking of, the mobile offshore drilling unit other means approved by the President the ‘‘(v) obtain the written concurrence of such Deepwater Horizon,’’ and inserting ‘‘a spill of availability of, private personnel and equip- other agencies as the President determines national significance,’’. ment in the quantities necessary, staged and have a significant responsibility to remove, TITLE II—FEDERAL RESEARCH AND available in the appropriate region to re- mitigate damage from, or prevent or reduce TECHNOLOGIES FOR OIL SPILL PRE- spond immediately to and sustain the re- a substantial threat of the worst-case dis- VENTION AND RESPONSE sponse effort for as long as necessary— charge of oil or a hazardous substance; SEC. 201. SHORT TITLE. ‘‘(I) to remove, to the maximum extent ‘‘(vi) review each plan periodically there- This title may be cited as the ‘‘Federal Re- practicable, a worst-case discharge (includ- after and require each plan to be updated not search and Technologies for Oil Spill Preven- ing a discharge resulting from fire or an ex- less often than once every 5 years, with each tion and Response Act of 2010’’. plosion); update considered a significant change re- SEC. 202. PURPOSES. ‘‘(II) to mitigate damage from a discharge; quiring approval by the President; The purposes of this title are— and ‘‘(vii) require an update of a plan pursuant (1) to maintain and enhance the world- ‘‘(III) to prevent or reduce a substantial to clause (vi) to include the best available class research and facilities of the Federal threat of such a discharge; technology and methods to contain and re- Government; and ‘‘(iv) demonstrate, to the maximum extent move, to the maximum extent practicable, a (2) to ensure that there are adequate practicable, the financial capability to pay worst-case discharge (including a discharge knowledge, practices, and technologies to de- for removal costs and damages; resulting from fire or explosion), and to tect, respond to, contain, and clean up oil

VerDate Mar 15 2010 02:28 Jul 29, 2010 Jkt 089060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JY6.049 S28JYPT1 tjames on DSKG8SOYB1PROD with SENATE July 28, 2010 CONGRESSIONAL RECORD — SENATE S6401 spills, whether onshore or on the outer Con- ‘‘(v) assesses the current state of real-time technology demonstration, and risk assess- tinental Shelf. data available to mariners, including water ment to address issues associated with the SEC. 203. INTERAGENCY COMMITTEE. level, currents, weather information, and detection of, response to, and mitigation and Section 7001(a) of the Oil Pollution Act of predictions, and assesses whether lack of cleanup of discharges of oil occurring on 1990 (33 U.S.C. 2761(b)) is amended by striking timely information increases the risk of dis- Federal land managed by the Department of paragraph (4) and inserting the following: charges of oil; the Interior, whether onshore or on the outer ‘‘(4) CHAIRMAN.— ‘‘(vi) assesses the capacity of the National Continental Shelf. ‘‘(A) IN GENERAL.—A representative of the Oceanic and Atmospheric Administration to ‘‘(B) SPECIFIC AREAS OF FOCUS.—The pro- National Oceanic and Atmospheric Adminis- respond, restore, and rehabilitate marine gram established under this paragraph shall tration, the Environmental Protection Agen- sanctuaries, monuments, sea turtles, and provide for research, development, dem- cy, Coast Guard, or the Department of the other protected species; onstration, validation, personnel training, Interior shall serve as Chairman of the Inter- ‘‘(vii) establishes goals for improved oil and other activities relating to new and im- agency Committee (referred to in this sec- discharge prevention and response on which proved technologies that are effective at pre- tion as the ‘Chairman’). to target research for the following 5-year venting or mitigating oil discharges and that ‘‘(B) ROTATION.—The responsibility to period before the next report is submitted protect the environment, including tech- chair the Interagency Committee shall ro- under subparagraph (B); and nologies, materials, methods, and practices— tate between representatives of each of the ‘‘(viii) includes such recommendations as ‘‘(i) to detect the release of hydrocarbons agencies described in subparagraph (A) every the Committee considers appropriate. from leaking exploration or production 2 years.’’. ‘‘(B) QUINQUENNIAL UPDATES.—The Inter- equipment; SEC. 204. SCIENCE AND TECHNOLOGY ADVICE agency Committee shall submit a report ‘‘(ii) to characterize the rates of flow from AND GUIDANCE. every fifth year after the first report of the leaking exploration and production equip- Section 7001(b) of the Oil Pollution Act of Interagency Committee submitted under ment in locations that are remote or dif- 1990 (33 U.S.C. 2761(b)) is amended by striking subparagraph (A) that updates the informa- ficult to access; paragraph (2) and inserting the following: tion contained in the previous report of the ‘‘(iii) to protect the safety of workers ad- ‘‘(2) SCIENCE AND TECHNOLOGY ADVISORY Interagency Committee under this para- dressing hydrocarbon releases from explo- BOARD.— graph. ration and production equipment; ‘‘(A) IN GENERAL.—The Chairman shall ‘‘(4) IMPLEMENTATION PLAN UPDATE.—Not ‘‘(iv) to control or contain the release of enter into appropriate arrangements with later than 1 year after the date of enactment hydrocarbons from a blowout or other loss of the National Academy of Sciences to estab- of this paragraph, the Interagency Com- well control; and lish an independent committee, to be known mittee shall update the implementation plan ‘‘(v) in coordination with the Adminis- as the ‘Science and Technology Advisory required under paragraph (1) to reflect the trator and the Secretary of Commerce, for Board’, to provide scientific and technical findings of the report required under para- environmental assessment, restoration, and advice to the Interagency Committee relat- graph (3) and the requirements of this title. long-term monitoring.’’; ing to research carried out pursuant to the ‘‘(5) ADDITIONAL ADVICE AND GUIDANCE.—In (5) in paragraph (5) (as redesignated by program established under subsection (c), in- carrying out the duties of the Interagency paragraph (3))— cluding— Committee under this title, the Interagency (A) by striking subparagraphs (B) and (C); ‘‘(i) the identification of knowledge gaps Committee shall accept comments and input (B) in the matter preceding clause (i), by that the program should address; from State and local governments, Indian striking ‘‘(A) The Committee’’ and inserting ‘‘(ii) the establishment of scientific and tribes, industry representatives, and other ‘‘The Department of Commerce, in coordina- technical priorities; stakeholders.’’. tion with the Environmental Protection ‘‘(iii) the provision of advice and guidance SEC. 205. OIL POLLUTION RESEARCH AND DEVEL- Agency and the Department of the Inte- in the preparation of— OPMENT PROGRAM. rior,’’; ‘‘(I) the report required under paragraph (a) IN GENERAL.—Section 7001(c) of the Oil (C) by redesignating clauses (i) through (3); Pollution Act of 1990 (33 U.S.C. 2761(c)) is (iv) as subparagraphs (A) through (D), re- ‘‘(II) the update required under paragraph amended— spectively; (4); and (1) in paragraph (2)— (D) in subparagraph (A) (as redesignated by ‘‘(III) the plan required under subsection (A) in subparagraph (C), by striking ‘‘and subparagraphs (C)), by striking the period at (c)(14); and bioremediation’’ and inserting ‘‘bioremedi- the end and inserting the following: ‘‘, in- ‘‘(iv) an annual review of the results and ation, containment vessels, booms, and cluding— effectiveness of the program, including suc- skimmers, particularly under worst-case re- ‘‘(i) fundamental scientific characteriza- cessful technology development. lease scenarios’’; tion of the behavior of oil and natural gas in ‘‘(B) REPORTS.—Reports and recommenda- (B) by striking subparagraph (H) and in- and on soil and water, including miscibility, tions of the Board shall promptly be made serting the following: plume behavior, emulsification, physical sep- available to Congress and the public. ‘‘(H) research and development of methods aration, and chemical and biological deg- ‘‘(C) NATIONAL INSTITUTE OF STANDARDS to respond to, restore, and rehabilitate nat- radation; AND TECHNOLOGY.—The National Institute of ural resources and ecosystem health and ‘‘(ii) behavior and effects of emulsified, dis- Standards and Technology shall provide the services damaged by oil discharges;’’; persed, and submerged oil in water; and Interagency Committee with advice and (C) in subparagraph (I), by striking ‘‘and’’ ‘‘(iii) modeling, simulation, and prediction guidance on issues relating to quality assur- at the end; of oil flows from releases and the trajec- ance and standards measurements relating (D) by redesignating subparagraph (J) as tories of releases on the surface, the sub- to activities of the Interagency Committee subparagraph (L); and surface, and in water.’’; and under this section. (E) by inserting after subparagraph (I) the (E) by adding at the end the following: ‘‘(3) REPORTS ON CURRENT STATE OF OIL following: ‘‘(E) The evaluation of direct and indirect SPILL PREVENTION AND RESPONSE CAPABILI- ‘‘(J) research, development, and dem- environmental effects of acute and chronic TIES.— onstration of new or improved technologies oil discharges on natural resources, includ- ‘‘(A) IN GENERAL.—Not later than 1 year and systems to contain, respond to, and ing impacts on marine sanctuaries and after the date of the enactment of this para- clean up a discharge of oil in extreme or monuments, protected areas, and protected graph, the Interagency Committee shall sub- harsh conditions on the outer Continental species. mit to Congress a report on the current state Shelf; ‘‘(F) The monitoring, modeling, and eval- of oil spill prevention and response capabili- ‘‘(K) research to evaluate the relative ef- uation of the near- and long-term effects of ties that— fectiveness and environmental impacts (in- major spills and long-term cumulative ef- ‘‘(i) identifies current research programs cluding human and environmental toxicity) fects of smaller endemic spills.’’; conducted by governments, institutions of of dispersants; and’’; (6) in paragraph (6) (as redesignated by higher education, and corporate entities; (2) by striking paragraphs (8) and (9); paragraph (3))— ‘‘(ii) assesses the current status of knowl- (3) by redesignating paragraphs (3) through (A) by redesignating subparagraphs (A) edge on oil pollution prevention, response, (7) and (10) and (11) as paragraphs (4) through through (D) as clauses (i) through (iv), re- and mitigation technologies; (8) and (11) and (12), respectively; spectively; ‘‘(iii) identifies regional oil pollution re- (4) by inserting after paragraph (2) the fol- (B) by striking ‘‘The United States Coast search needs and priorities for a coordinated lowing: Guard’’ and inserting the following: program of research at the regional level de- ‘‘(3) AUTHORIZATION OF AGENCY OIL DIS- ‘‘(A) IN GENERAL.—The Coast Guard’’; and veloped in consultation with State and local CHARGE RESEARCH AND DEVELOPMENT PRO- (C) by adding at the end the following: governments and Indian tribes; GRAMS.— ‘‘(B) EXTREME ENVIRONMENTAL CONDITION ‘‘(iv) assesses the current state of spill re- ‘‘(A) IN GENERAL.—The Secretary of the In- DEMONSTRATION PROJECTS.— sponse equipment, and determines areas in terior, in coordination with the program es- ‘‘(i) IN GENERAL.—The Secretary of the In- need of improvement, including the quan- tablished under this subsection, the Inter- terior, in conjunction with the heads of such tity, age, quality, and effectiveness of the agency Committee, and such other agencies other agencies as the President may des- equipment and necessary technological im- as the President may designate, shall carry ignate, shall conduct deepwater, ultra deep- provements; out a program of research, development, water, and other extreme environment oil

VerDate Mar 15 2010 02:28 Jul 29, 2010 Jkt 089060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JY6.049 S28JYPT1 tjames on DSKG8SOYB1PROD with SENATE S6402 CONGRESSIONAL RECORD — SENATE July 28, 2010 discharge response demonstration projects and environmental regulations under this available, without further appropriation and for the purpose of developing and dem- Act and other applicable laws.’’; without fiscal year limitation, to carry out onstrating new integrated deepwater oil dis- (8) by striking paragraph (11) (as redesig- the program under this section. charge mitigation and response systems that nated by paragraph (3)) and inserting the fol- ‘‘(B) ANNUAL EXPENDITURE PLAN.— use the information and implement the im- lowing: ‘‘(i) IN GENERAL.—The President shall proved practices and technologies developed ‘‘(11) GRANTS.— transmit, as part of the annual budget pro- through the program under this subsection. ‘‘(A) IN GENERAL.—In carrying out the re- posal, a plan for the expenditure of funds ‘‘(ii) REQUIREMENTS.—The mitigation and search and development program established under this paragraph. response systems developed under clause (i) under this subsection, the Department of the ‘‘(ii) RESEARCH AND TECHNOLOGY PLAN.— shall use technologies and management Interior, the Environmental Protection The plan developed pursuant to clause (i) practices for improving the response capa- Agency, the National Oceanic and Atmos- shall be consistent with the research and bilities to deepwater oil discharges, includ- pheric Administration, and the Coast Guard technology plan developed under paragraph ing— shall each establish a program to enter into (13). ‘‘(I) improved oil flow monitoring and cal- contracts and cooperative agreements and ‘‘(C) AVAILABILITY OF AMOUNTS.—On the culation; make competitive grants to institutions of date that is 15 days after the date on which ‘‘(II) improved oil discharge response capa- higher education, National Laboratories, re- the Congress adjourns sine die for each year, bility; search institutions, other persons, or groups amounts shall be made available from the ‘‘(III) improved subsurface mitigation of institutions of higher education, research Oil Spill Liability Trust Fund, without fur- institutions, and other persons, for the pur- technologies; ther appropriation, for the programs and poses of conducting the program established ‘‘(IV) improved capability to track and projects in the expenditure plan of the Presi- under this subsection. predict the flow and effects of oil discharges dent, unless prior to that date, a law is en- ‘‘(B) APPLICATIONS AND CONDITIONS.—In car- in both subsurface and surface areas for the acted establishing a different expenditure rying out this paragraph, each agency— purposes of making oil mitigation and re- plan. ‘‘(i) shall establish a notification and ap- sponse decisions; and ‘‘(D) ALTERNATE EXPENDITURE PLAN.—If plication procedure; ‘‘(V) any other activities necessary to Congress enacts a law establishing an alter- ‘‘(ii) may establish such conditions and re- nate expenditure plan and the expenditure achieve the purposes of the program.’’; quire such assurances as may be appropriate (7) by inserting after paragraph (8) (as re- plan provides for less than the annual fund- to ensure the efficiency and integrity of the ing amount under subparagraph (A), the dif- designated by paragraph (3)) the following: grant program; and ‘‘(9) RESEARCH CENTERS OF EXCELLENCE.— ference between the annual funding amount ‘‘(iii) may make grants under the program and the alternate expenditure plan shall be ‘‘(A) RESPONSE TECHNOLOGIES FOR DEEP- on a matching or nonmatching basis. WATER ULTRA DEEPWATER AND OTHER EX available for expenditure, without further , , - ‘‘(C) PRIORITIES.—Contracts, cooperative TREME ENVIRONMENT OIL DISCHARGES.— appropriation, in accordance with the ex- agreements, and grants provided under this penditure plan submitted by the President. ‘‘(i) ESTABLISHMENT.—The Secretary of the subparagraph shall address research and ‘‘(E) ROLE OF INTERAGENCY COMMITTEE.—In Interior shall establish at 1 or more institu- technology priorities described in the re- tions of higher education a research center developing the annual expenditure plan search and technology plan required under under subparagraph (B), the President shall of excellence for the research, development, paragraph (13).’’; and consider the recommendations of the Inter- and demonstration of technologies necessary (9) by adding at the end the following: agency Committee.’’. to respond to, contain, mitigate, and clean ‘‘(13) RESEARCH AND TECHNOLOGY PLAN.— (b) FUNDING.—Section 7001 of the Oil Pollu- up deepwater, ultra deepwater, and other ex- ‘‘(A) IN GENERAL.—Not later than 1 year tion Act of 1990 (33 U.S.C. 2761) is amended by treme-environment discharges of oil. after the date of enactment of this para- ‘‘(ii) GRANTS.—The Secretary shall provide graph, and every 2 years thereafter, the striking subsection (f) and inserting the fol- grants to the research center of excellence Interagency Committee shall develop and lowing: established under clause (i) to conduct and publish a research and technology plan for ‘‘(f) FUNDING.— oversee basic and applied research in the the program established under this sub- ‘‘(1) IN GENERAL.—In addition to amounts technologies described in that clause. section. made available subsection (c)(15), not to ex- ‘‘(B) OIL DISCHARGE RESPONSE AND RESTORA- ‘‘(B) CONTENTS.—The plan under this para- ceed $20,000,000 of the amounts in the Fund TION.— graph shall— shall be available each fiscal year to each of ‘‘(i) ESTABLISHMENT.—The Undersecretary ‘‘(i) identify research needs and opportuni- the Secretary of Commerce, the Adminis- of Commerce for Oceans and Atmosphere, in ties; trator of the Environmental Protection coordination with the Administrator and the ‘‘(ii) propose areas of focus for the pro- Agency, and the Secretary of the Interior to Secretary of the Interior, shall establish at 1 gram; carry out this section. or more institutions of higher education a ‘‘(iii) establish program priorities, includ- ‘‘(2) APPROPRIATIONS.—Funding authorized research center of excellence for research ing priorities for— under paragraph (1) shall be subject to appro- and innovation in the fate of, behavior and ‘‘(I) demonstration projects under para- priations.’’. effects of, and damage assessment and res- graph (7); (c) USES OF OIL SPILL LIABILITY TRUST toration relating to discharges of oil. ‘‘(II) the research centers of excellence FUND.—Section 1012(a)(5)(A) of the Oil Pollu- ‘‘(ii) GRANTS.—The Undersecretary of Com- under paragraph (9); and tion Act of 1990 (33 U.S.C. 2712(a)(5)(A)) is merce for Oceans and Atmosphere shall pro- ‘‘(III) research funding provided under amended— vide grants to the research center of excel- paragraph (11); and (1) by striking ‘‘$25,000,000’’ and inserting lence established under clause (i) to conduct ‘‘(iv) estimate— ‘‘$50,000,000’’; and and oversee basic and applied research in the ‘‘(I) the extent of resources needed to con- (2) by inserting before the semicolon at the areas described in that clause. duct the program; and end the following: ‘‘, of which not less than ‘‘(C) OTHER RESEARCH CENTERS OF EXCEL- ‘‘(II) timetables for completing research 40 percent shall be used each fiscal year to LENCE.—Any agency that is a member of the tasks under the program. conduct research, development, and evalua- Interagency Committee may establish such ‘‘(C) PUBLICATION.—The Interagency Com- tion of oil spill response and removal tech- other research centers of excellence as the mittee shall timely publish— nologies and methods consistent with the re- agency determines to be necessary for the re- ‘‘(i) the plan under this paragraph; and search and technology plan developed under search, development, and demonstration of ‘‘(ii) a review of the plan by the Board. section 7001(c)(13)’’. technologies necessary to carry out the pro- ‘‘(14) PEER REVIEW OF PROPOSALS AND RE- TITLE III—OUTER CONTINENTAL SHELF gram established under this subsection. SEARCH.— REFORM ‘‘(10) PILOT PROGRAM.— ‘‘(A) IN GENERAL.—Any provision of funds SEC. 301. SHORT TITLE. ‘‘(A) IN GENERAL.—The Secretary of the In- under the program established under this terior, the Commandant of the Coast Guard, subsection shall be made only after the agen- This title may be cited as the ‘‘Outer Con- and the Administrator shall jointly conduct cy providing the funding has carried out an tinental Shelf Reform Act of 2010’’. a pilot program to conduct field tests, in the impartial peer review of the scientific and SEC. 302. PURPOSES. waters of the United States, of new oil dis- technical merit of the proposals for the fund- The purposes of this title are— charge response, mitigation, and cleanup ing. (1) to rationalize and reform the respon- technologies developed under the program ‘‘(B) REQUIREMENTS.—The agency providing sibilities of the Secretary of the Interior established under this subsection. funding shall ensure that any research con- with respect to the management of the outer ‘‘(B) RESULTS.—The results of the field ducted under the program shall be peer-re- Continental Shelf in order to improve the tests conducted under subparagraph (A) shall viewed, transparent, and made available to management, oversight, accountability, be used— the public. safety, and environmental protection of all ‘‘(i) to refine oil discharge technology re- ‘‘(15) FUNDING.— the resources on the outer Continental Shelf; search and development; and ‘‘(A) IN GENERAL.—Subject to subpara- (2) to provide independent development ‘‘(ii) to assist the Secretary of the Interior, graphs (B) through (E), of amounts in the Oil and enforcement of safety and environ- the Commandant of the Coast Guard, and the Spill Liability Trust Fund, $25,000,000 for mental laws (including regulations) gov- Administrator in the development of safety each of fiscal years 2010 through 2020 shall be erning—

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(A) energy development and mineral ex- ‘‘(B) CONFLICTS OF INTEREST.—In estab- ‘‘(4) REPORTS.—Reports of the Board traction activities on the outer Continental lishing the bureaus under subparagraph (A), shall— Shelf; and the Secretary shall ensure, to the maximum ‘‘(A) be submitted to Congress; and (B) related offshore activities; and extent practicable, that any potential orga- ‘‘(B) made available to the public in an (3) to ensure a fair return to the taxpayer nizational conflicts of interest related to electronically accessible form. from, and independent management of, roy- leasing, revenue creation, environmental ‘‘(5) TRAVEL EXPENSES.—Members of the alty and revenue collection and disburse- protection, and safety are eliminated. Board, other than full-time employees of the ment activities from mineral and energy re- ‘‘(2) DIRECTOR.—Each bureau shall be head- Federal Government, while attending a sources. ed by a Director, who shall be appointed by meeting of the Board or while otherwise SEC. 303. DEFINITIONS. the President, by and with the advice and serving at the request of the Secretary or In this title: consent of the Senate. the Director while serving away from their (1) DEPARTMENT.—The term ‘‘Department’’ ‘‘(3) COMPENSATION.—Each Director shall homes or regular places of business, may be means the Department of the Interior. be compensated at the rate provided for level allowed travel expenses, including per diem (2) OUTER CONTINENTAL SHELF.—The term V of the Executive Schedule under section in lieu of subsistence, as authorized by sec- ‘‘outer Continental Shelf’’ has the meaning 5316 of title 5, United States Code. tion 5703 of title 5, United States Code, for given the term in section 2 of the Outer Con- ‘‘(4) QUALIFICATIONS.—Each Director shall individuals in the Federal Government serv- tinental Shelf Lands Act (43 U.S.C. 1331). be a person who, by reason of professional ing without pay. ‘‘(d) SPECIAL PERSONNEL AUTHORITIES.— (3) SECRETARY.—The term ‘‘Secretary’’ background and demonstrated ability and ‘‘(1) DIRECT HIRING AUTHORITY FOR CRITICAL means the Secretary of the Interior. experience, is specially qualified to carry out the duties of the office. PERSONNEL.— SEC. 304. NATIONAL POLICY FOR THE OUTER ‘‘(A) IN GENERAL.—Notwithstanding sec- ‘‘(b) ROYALTY AND REVENUE OFFICE.— CONTINENTAL SHELF. tions 3104, 3304, and 3309 through 3318 of title ‘‘(1) ESTABLISHMENT OF OFFICE.—Subject to Section 3 of the Outer Continental Shelf 5, United States Code, the Secretary may, the discretion granted by Reorganization Lands Act (43 U.S.C. 1332) is amended— upon a determination that there is a severe Plan Number 3 of 1950 (64 Stat. 1262; 43 U.S.C. (1) by striking paragraph (3) and inserting shortage of candidates or a critical hiring 1451 note), the Secretary shall establish in the following: need for particular positions, recruit and di- the Department of the Interior an office to ‘‘(3) the outer Continental Shelf is a vital rectly appoint highly qualified accountants, carry out the royalty and revenue manage- national resource reserve held by the Federal scientists, engineers, or critical technical Government for the public, which should be ment functions vested in the Secretary by personnel into the competitive service, as of- managed in a manner that— this Act and the Federal Oil and Gas Royalty ficers or employees of any of the organiza- ‘‘(A) recognizes the need of the United Management Act of 1982 (30 U.S.C. 1701 et tional units established under this section. seq.). States for domestic sources of energy, food, ‘‘(B) REQUIREMENTS.—In exercising the au- minerals, and other resources; ‘‘(2) DIRECTOR.—The office established thority granted under subparagraph (A), the ‘‘(B) minimizes the potential impacts of under paragraph (1) shall be headed by a Di- Secretary shall ensure that any action taken development of those resources on the ma- rector, who shall be appointed by the Presi- by the Secretary— rine and coastal environment and on human dent, by and with the advice and consent of ‘‘(i) is consistent with the merit principles health and safety; and the Senate. of chapter 23 of title 5, United States Code; ‘‘(C) acknowledges the long-term economic ‘‘(3) COMPENSATION.—The Director shall be and value to the United States of the balanced compensated at the rate provided for level V ‘‘(ii) complies with the public notice re- and orderly management of those resources of the Executive Schedule under section 5316 quirements of section 3327 of title 5, United that safeguards the environment and re- of title 5, United States Code. States Code. spects the multiple values and uses of the ‘‘(4) QUALIFICATIONS.—The Director shall ‘‘(2) CRITICAL PAY AUTHORITY.— outer Continental Shelf;’’; be a person who, by reason of professional ‘‘(A) IN GENERAL.—Notwithstanding section (2) in paragraph (4)(C), by striking the pe- background and demonstrated ability and 5377 of title 5, United States Code, and with- riod at the end and inserting a semicolon; experience, is specially qualified to carry out out regard to the provisions of that title gov- (3) in paragraph (5), by striking ‘‘; and’’ and the duties of the office. erning appointments in the competitive inserting a semicolon; ‘‘(c) OCS SAFETY AND ENVIRONMENTAL AD- service or the Senior Executive Service and (4) by redesignating paragraph (6) as para- VISORY BOARD.— chapters 51 and 53 of that title (relating to graph (7); ‘‘(1) ESTABLISHMENT.—The Secretary shall classification and pay rates), the Secretary (5) by inserting after paragraph (5) the fol- establish, under the Federal Advisory Com- may establish, fix the compensation of, and lowing: mittee Act (5 U.S.C. App.), an Outer Conti- appoint individuals to critical positions ‘‘(6) exploration, development, and produc- nental Shelf Safety and Environmental Ad- needed to carry out the functions of any of tion of energy and minerals on the outer visory Board (referred to in this subsection the organizational units established under Continental Shelf should be allowed only as the ‘Board’), to provide the Secretary and this section, if the Secretary certifies that— when those activities can be accomplished in the Directors of the bureaus established ‘‘(i) the positions— a manner that provides reasonable assurance under this section with independent peer-re- ‘‘(I) require expertise of an extremely high of adequate protection against harm to life, viewed scientific and technical advice on level in a scientific or technical field; and health, the environment, property, or other safe and environmentally compliant energy ‘‘(II) any of the organizational units estab- users of the waters, seabed, or subsoil; and’’; and mineral resource exploration, develop- lished in this section would not successfully and ment, and production activities. accomplish an important mission without (6) in paragraph (7) (as so redesignated)— ‘‘(2) MEMBERSHIP.— such an individual; and (A) by striking ‘‘should be’’ and inserting ‘‘(A) SIZE.— ‘‘(ii) exercise of the authority is necessary ‘‘shall be’’; and ‘‘(i) IN GENERAL.—The Board shall consist to recruit an individual exceptionally well (B) by adding ‘‘best available’’ after of not more than 12 members, chosen to re- qualified for the position. ‘‘using’’. flect a range of expertise in scientific, engi- ‘‘(B) LIMITATIONS.—The authority granted SEC. 305. STRUCTURAL REFORM OF OUTER CON- neering, management, and other disciplines under subparagraph (A) shall be subject to TINENTAL SHELF PROGRAM MAN- related to safe and environmentally compli- the following conditions: AGEMENT. ant energy and mineral resource exploration, ‘‘(i) The number of critical positions au- (a) IN GENERAL.—The Outer Continental development, and production activities. thorized by subparagraph (A) may not exceed Shelf Lands Act (43 U.S.C. 1331 et seq.) is ‘‘(ii) CONSULTATION.—The Secretary shall 40 at any 1 time in either of the bureaus es- amended by adding to the end the following: consult with the National Academy of tablished under this section. ‘‘SEC. 32. STRUCTURAL REFORM OF OUTER CON- Sciences and the National Academy of Engi- ‘‘(ii) The term of an appointment under TINENTAL SHELF PROGRAM MAN- neering to identify potential candidates for subparagraph (A) may not exceed 4 years. AGEMENT. membership on the Board. ‘‘(iii) An individual appointed under sub- ‘‘(a) LEASING, PERMITTING, AND REGULATION ‘‘(B) TERM.—The Secretary shall appoint paragraph (A) may not have been an em- BUREAUS.— Board members to staggered terms of not ployee of the Department of the Interior dur- ‘‘(1) ESTABLISHMENT OF BUREAUS.— more than 4 years, and shall not appoint a ing the 2-year period prior to the date of ap- ‘‘(A) IN GENERAL.—Subject to the discre- member for more than 2 consecutive terms. pointment. tion granted by Reorganization Plan Number ‘‘(C) CHAIR.—The Secretary shall appoint ‘‘(iv) Total annual compensation for any 3 of 1950 (64 Stat. 1262; 43 U.S.C. 1451 note), the Chair for the Board. individual appointed under subparagraph (A) the Secretary shall establish in the Depart- ‘‘(3) MEETINGS.—The Board shall— may not exceed the highest total annual ment of the Interior not more than 2 bureaus ‘‘(A) meet not less than 3 times per year; compensation payable at the rate deter- to carry out the leasing, permitting, and and mined under section 104 of title 3, United safety and environmental regulatory func- ‘‘(B) at least once per year, shall host a States Code. tions vested in the Secretary by this Act and public forum to review and assess the overall ‘‘(v) An individual appointed under sub- the Federal Oil and Gas Royalty Manage- safety and environmental performance of paragraph (A) may not be considered to be ment Act of 1982 (30 U.S.C. 1701 et seq.) re- outer Continental Shelf energy and mineral an employee for purposes of subchapter II of lated to the outer Continental Shelf. resource activities. chapter 75 of title 5, United States Code.

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‘‘(C) NOTIFICATION.—Each year, the Sec- Act (43 U.S.C. 1334(a)) is amended in the sec- ‘‘(i) the contents and results of the review retary shall submit to Congress a notifica- ond sentence— carried out under this paragraph for the pe- tion that lists each individual appointed (1) by striking ‘‘The Secretary may at any riod covered by the report; and under this paragraph. time’’ and inserting ‘‘The Secretary shall’’; ‘‘(ii) any recommendations of the Sec- ‘‘(3) REEMPLOYMENT OF CIVILIAN RETIR- and retary and the Secretary of the Treasury EES.— (2) by inserting after ‘‘provide for’’ the fol- based on the contents and results of the re- ‘‘(A) IN GENERAL.—Notwithstanding part lowing: ‘‘operational safety, the protection view. 553 of title 5, Code of Federal Regulations of the marine and coastal environment,’’. ‘‘(E) COMBINED REPORT.—The Secretary (relating to reemployment of civilian retir- (c) MAINTENANCE OF LEASES.—Section 6 of may combine the reports required by para- ees to meet exceptional employment needs), the Outer Continental Shelf Lands Act (43 graphs (1) and (2)(D) into 1 report. or successor regulations, the Secretary may U.S.C. 1335) is amended by adding at the end ‘‘(3) REPORT DEADLINE.—Not later than 30 approve the reemployment of an individual the following: days after the date on which the Secretary to a particular position without reduction or ‘‘(f) REVIEW OF BOND AND SURETY completes each report under this subsection, termination of annuity if the hiring of the AMOUNTS.—Not later than May 1, 2011, and the Secretary shall submit copies of the re- individual is necessary to carry out a critical every 5 years thereafter, the Secretary port to— function of any of the organizational units shall— ‘‘(A) the Committee on Energy and Natural established under this section for which suit- ‘‘(1) review the minimum financial respon- Resources of the Senate; ably qualified candidates do not exist. sibility requirements for mineral leases ‘‘(B) the Committee on Finance of the Sen- ‘‘(B) LIMITATIONS.—An annuitant hired under subsection (a)(11); and ate; with full salary and annuities under the au- ‘‘(2) adjust for inflation based on the Con- ‘‘(C) the Committee on Natural Resources thority granted by subparagraph (A)— sumer Price Index for all Urban Consumers of the House of Representatives; and ‘‘(i) shall not be considered an employee published by the Bureau of Labor Statistics ‘‘(D) the Committee on Ways and Means of for purposes of subchapter III of chapter 83 of the Department of Labor, and recommend the House of Representatives.’’. and chapter 84 of title 5, United States Code; (d) LEASES, EASEMENTS, AND RIGHTS-OF- to Congress any further changes to existing ‘‘(ii) may not elect to have retirement con- WAY.—Section 8 of the Outer Continental financial responsibility requirements nec- tributions withheld from the pay of the an- Shelf Lands Act (43 U.S.C. 1337) is amended essary to permit lessees to fulfill all obliga- nuitant; by striking subsection (d) and inserting the tions under this Act or the Oil Pollution Act ‘‘(iii) may not use any employment under following: of 1990 (33 U.S.C. 2701 et seq.). this paragraph as a basis for a supplemental ‘‘(d) DISQUALIFICATION FROM BIDDING.—No or recomputed annuity; and ‘‘(g) PERIODIC FISCAL REVIEWS AND RE- bid for a lease may be submitted by any enti- ‘‘(iv) may not participate in the Thrift PORTS.— ty that the Secretary finds, after prior pub- Savings Plan under subchapter III of chapter ‘‘(1) ROYALTY RATES.— lic notice and opportunity for a hearing— 84 of title 5, United States Code. ‘‘(A) IN GENERAL.—Not later than 1 year ‘‘(1) is not meeting due diligence, safety, or ‘‘(C) LIMITATION ON TERM.—The term of em- after the date of enactment of this sub- environmental requirements on other leases; ployment of any individual hired under subsection and every 4 years thereafter, the Sec- or paragraph (A) may not exceed an initial retary shall carry out a review of, and pre- ‘‘(2)(A) is a responsible party for a vessel or term of 2 years, with an additional 2-year ap- pare a report that describes— a facility from which oil is discharged, for pointment under exceptional circumstances. ‘‘(i) the royalty and rental rates included purposes of section 1002 of the Oil Pollution ‘‘(e) CONTINUITY OF AUTHORITY.—Subject to in new offshore oil and gas leases and the ra- Act of 1990 (33 U.S.C. 2702); and the discretion granted by Reorganization tionale for the rates; ‘‘(B) has failed to meet the obligations of Plan Number 3 of 1950 (64 Stat. 1262; 43 U.S.C. ‘‘(ii) whether, in the view of the Secretary, the responsible party under that Act to pro- 1451 note), any reference in any law, rule, the royalty and rental rates described in sub- vide compensation for covered removal costs regulation, directive, or instruction, or cer- paragraph (A) would yield a fair return to and damages.’’. tificate or other official document, in force the public while promoting the production of (e) EXPLORATION PLANS.—Section 11 of the immediately prior to the date of enactment oil and gas resources in a timely manner; Outer Continental Shelf Lands Act (43 U.S.C. of this section— and 1340) is amended— ‘‘(1) to the Minerals Management Service ‘‘(iii) whether, based on the review, the (1) in subsection (c)— that pertains to any of the duties and au- Secretary intends to modify the royalty or (A) in the fourth sentence of paragraph (1), thorities described in this section shall be rental rates. by striking ‘‘within thirty days of its sub- deemed to refer and apply to the appropriate ‘‘(B) PUBLIC PARTICIPATION.—In carrying mission’’ and inserting ‘‘by the deadline de- bureaus and offices established under this out a review and preparing a report under scribed in paragraph (5)’’; section; subparagraph (A), the Secretary shall pro- (B) by striking paragraph (3) and inserting ‘‘(2) to the Director of the Minerals Man- vide to the public an opportunity to partici- the following: agement Service that pertains to any of the pate. ‘‘(3) MINIMUM REQUIREMENTS.— duties and authorities described in this sec- ‘‘(2) COMPARATIVE REVIEW OF FISCAL SYS- ‘‘(A) IN GENERAL.—An exploration plan sub- tion shall be deemed to refer and apply to TEM.— mitted under this subsection shall include, the Director of the bureau or office under ‘‘(A) IN GENERAL.—Not later than 1 year in such degree of detail as the Secretary by this section to whom the Secretary has as- after the date of enactment of this sub- regulation may require— signed the respective duty or authority; and section and every 4 years thereafter, the Sec- ‘‘(i) a complete description and schedule of ‘‘(3) to any other position in the Minerals retary in consultation with the Secretary of the exploration activities to be undertaken; Management Service that pertains to any of the Treasury, shall carry out a comprehen- ‘‘(ii) a description of the equipment to be the duties and authorities described in this sive review of all components of the Federal used for the exploration activities, includ- section shall be deemed to refer and apply to offshore oil and gas fiscal system, including ing— that same or equivalent position in the ap- requirements for bonus bids, rental rates, ‘‘(I) a description of the drilling unit; propriate bureau or office established under royalties, oil and gas taxes, income taxes ‘‘(II) a statement of the design and condi- this section.’’. and other significant financial elements, and tion of major safety-related pieces of equip- (b) CONFORMING AMENDMENT.—Section 5316 oil and gas fees. ment; of title 5, United States Code, is amended by ‘‘(B) INCLUSIONS.—The review shall in- ‘‘(III) a description of any new technology striking ‘‘Director, Bureau of Mines, Depart- clude— to be used; and ment of the Interior’’ and inserting the fol- ‘‘(i) information and analyses comparing ‘‘(IV) a statement demonstrating that the lowing: the offshore bonus bids, rents, royalties, equipment to be used meets the best avail- ‘‘ ‘‘Bureau Directors, Department of the In- taxes, and fees of the Federal Government to able technology requirements under section terior (2). the offshore bonus bids, rents, royalties, 21(b); ‘‘ ‘‘Director, Royalty and Revenue Office, taxes, and fees of other resource owners (in- ‘‘(iii) a map showing the location of each Department of the Interior.’’. cluding States and foreign countries); and well to be drilled; SEC. 306. SAFETY, ENVIRONMENTAL, AND FINAN- ‘‘(ii) an assessment of the overall offshore ‘‘(iv)(I) a scenario for the potential blow- CIAL REFORM OF THE OUTER CON- oil and gas fiscal system in the United out of the well involving the highest ex- TINENTAL SHELF LANDS ACT. States, as compared to foreign countries. pected volume of liquid hydrocarbons; and (a) DEFINITIONS.—Section 2 of the Outer Continental Shelf Lands Act (43 U.S.C. 1331) ‘‘(C) INDEPENDENT ADVISORY COMMITTEE.— ‘‘(II) a complete description of a response is amended by adding at the end the fol- In carrying out a review under this para- plan to control the blowout and manage the lowing: graph, the Secretary shall convene and seek accompanying discharge of hydrocarbons, in- ‘‘(r) SAFETY CASE.—The term ‘safety case’ the advice of an independent advisory com- cluding— means a complete set of safety documenta- mittee comprised of oil and gas and fiscal ex- ‘‘(aa) the technology and timeline for re- tion that provides a basis for determining perts from States, Indian tribes, academia, gaining control of the well; and whether a system is adequately safe for a the energy industry, and appropriate non- ‘‘(bb) the strategy, organization, and re- given application in a given environment.’’. governmental organizations. sources to be used to avoid harm to the envi- (b) ADMINISTRATION OF LEASING.—Section ‘‘(D) REPORT.—The Secretary shall prepare ronment and human health from hydro- 5(a) of the Outer Continental Shelf Lands a report that contains— carbons; and

VerDate Mar 15 2010 02:28 Jul 29, 2010 Jkt 089060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JY6.050 S28JYPT1 tjames on DSKG8SOYB1PROD with SENATE July 28, 2010 CONGRESSIONAL RECORD — SENATE S6405 ‘‘(v) any other information determined to tion and approval of a safety and environ- rior and the National Oceanic and Atmos- be relevant by the Secretary. mental management plan that— pheric Administration, information provided ‘‘(B) DEEPWATER WELLS.— ‘‘(A) is to be used by the operator during by the Department of Defense, and other ‘‘(i) IN GENERAL.—Before conducting explo- all well operations; and available data regarding energy or mineral ration activities in water depths greater ‘‘(B) includes— resource potential, navigation uses, fish- than 500 feet, the holder of a lease shall sub- ‘‘(i) a description of the expertise and expe- eries, aquaculture uses, recreational uses, mit to the Secretary for approval a deep- rience level of crew members who will be habitat, conservation, and military uses on water operations plan prepared by the lessee present on the rig; and the outer Continental Shelf’’; and in accordance with this subparagraph. ‘‘(ii) designation of at least 2 environ- (5) by adding at the end the following: ‘‘(ii) TECHNOLOGY REQUIREMENTS.—A deep- mental and safety managers that— ‘‘(i) RESEARCH AND DEVELOPMENT.— water operations plan under this subpara- ‘‘(I) are employees of the operator; ‘‘(1) IN GENERAL.—The Secretary shall graph shall be based on the best available ‘‘(II) would be present on the rig at all carry out a program of research and develop- technology to ensure safety in carrying out times; and ment to ensure the continued improvement the exploration activity and the blowout re- ‘‘(III) have overall responsibility for the of methodologies for characterizing response plan. safety and environmental management of sources of the outer Continental Shelf and ‘‘(iii) SYSTEMS ANALYSIS REQUIRED.—The the well system and spill response plan; and conditions that may affect the ability to de- Secretary shall not approve a deepwater op- ‘‘(C) not later than May 1, 2012, requires velop and use those resources in a safe, erations plan under this subparagraph unless that all employees on the rig meet the train- sound, and environmentally responsible the plan includes a technical systems anal- ing and experience requirements under sec- manner. ysis of— tion 21(b)(4). ‘‘(2) INCLUSIONS.—Research and develop- ‘‘(I) the safety of the proposed exploration ‘‘(e) DISAPPROVAL OF EXPLORATION PLAN.— ment activities carried out under paragraph activity; ‘‘(1) IN GENERAL.—The Secretary shall dis- (1) may include activities to provide accu- approve an exploration plan submitted under ‘‘(II) the blowout prevention technology; rate estimates of energy and mineral re- this section if the Secretary determines and serves and potential on the outer Conti- that, because of exceptional geological con- ‘‘(III) the blowout and spill response nental Shelf and any activities that may as- ditions in the lease areas, exceptional re- plans.’’; and sist in filling gaps in environmental data source values in the marine or coastal envi- (C) by adding at the end the following: needed to develop each leasing program ronment, or other exceptional cir- ‘‘(5) DEADLINE FOR APPROVAL.— under this section. cumstances, that— ‘‘(A) IN GENERAL.—In the case of a lease ‘‘(3) LEASING ACTIVITIES.—Research and de- ‘‘(A) implementation of the exploration issued under a sale held after March 17, 2010, velopment activities carried out under para- plan would probably cause serious harm or the deadline for approval of an exploration graph (1) shall not be considered to be leas- damage to life (including fish and other plan referred to in the fourth sentence of aquatic life), property, mineral deposits, na- ing or pre-leasing activities for purposes of paragraph (1) is— tional security or defense, or the marine, this Act.’’. ‘‘(i) the date that is 90 days after the date coastal or human environments; (g) ENVIRONMENTAL STUDIES.—Section 20 of on which the plan or the modifications to ‘‘(B) the threat of harm or damage would the Outer Continental Shelf Lands Act (43 the plan are submitted; or not disappear or decrease to an acceptable U.S.C. 1346) is amended— ‘‘(ii) the date that is not later than an ad- extent within a reasonable period of time; (1) by redesignating subsections (a) ditional 180 days after the deadline described and through (f) as subsections (b) through (g), rein clause (i), if the Secretary makes a find- ‘‘(C) the advantages of disapproving the ex- spectively; ing that additional time is necessary to com- ploration plan outweigh the advantages of (2) by inserting before subsection (b) (as so plete any environmental, safety, or other re- exploration. redesignated) the following: views. ‘‘(2) COMPENSATION.—If an exploration plan ‘‘(a) COMPREHENSIVE AND INDEPENDENT ‘‘(B) EXISTING LEASES.—In the case of a is disapproved under this subsection, the pro- STUDIES.— lease issued under a sale held on or before visions of subparagraphs (B) and (C) of sec- ‘‘(1) IN GENERAL.—The Secretary shall de- March 17, 2010, the Secretary, with the con- tion 25(h)(2) shall apply to the lease and the velop and carry out programs for the collec- sent of the holder of the lease, may extend plan or any modified plan, except that the tion, evaluation, assembly, analysis, and dis- the deadline applicable to the lease for such reference in section 25(h)(2)(C) to a develop- semination of environmental and other re- additional time as the Secretary determines ment and production plan shall be considered source data that are relevant to carrying out is necessary to complete any environmental, to be a reference to an exploration plan.’’. the purposes of this Act, including assess- safety, or other reviews.’’; (f) OUTER CONTINENTAL SHELF LEASING ments under subsection (g) . (2) by redesignating subsections (e) PROGRAM.—Section 18 of the Outer Conti- ‘‘(2) SCOPE OF RESEARCH.—The programs through (h) as subsections (f) through (i), re- nental Shelf Lands Act (43 U.S.C. 1344) is under this subsection shall include— spectively; and amended— ‘‘(A) the gathering of baseline data in areas (3) by striking subsection (d) and inserting (1) in subsection (a)— before energy or mineral resource develop- the following: (A) in the second sentence, by inserting ment activities occur; ‘‘(d) DRILLING PERMITS.— after ‘‘national energy needs’’ the following: ‘‘(B) ecosystem research and monitoring ‘‘(1) IN GENERAL.—The Secretary shall, by ‘‘and the need for the protection of the ma- studies to support integrated resource man- regulation, require that any lessee operating rine and coastal environment and re- agement decisions; and under an approved exploration plan obtain a sources’’; ‘‘(C) the improvement of scientific under- permit— (B) in paragraph (1), by striking ‘‘con- standing of the fate, transport, and effects of ‘‘(A) before the lessee drills a well in ac- siders’’ and inserting ‘‘gives equal consider- discharges and spilled materials, including cordance with the plan; and ation to’’; and deep water hydrocarbon spills, in the marine ‘‘(B) before the lessee significantly modi- (C) in paragraph (3), by striking ‘‘, to the environment. fies the well design originally approved by maximum extent practicable,’’; ‘‘(3) USE OF DATA.—The Secretary shall en- the Secretary. (2) in subsection (b)— sure that information from the studies car- ‘‘(2) ENGINEERING REVIEW REQUIRED.—The (A) in paragraph (3), by striking ‘‘and’’ at ried out under this section— Secretary may not grant any drilling permit the end; ‘‘(A) informs the management of energy until the date of completion of a full review (B) in paragraph (4), by striking the period and mineral resources on the outer Conti- of the well system by not less than 2 agency at the end and inserting ‘‘; and’’; and nental Shelf including any areas under con- engineers, including a written determination (C) by adding at the end the following: sideration for oil and gas leasing; and that— ‘‘(5) provide technical review and oversight ‘‘(B) contributes to a broader coordination ‘‘(A) critical safety systems (including of the exploration plan and a systems review of energy and mineral resource development blowout prevention) will use best available of the safety of the well design and other activities within the context of best avail- technology; and operational decisions; able science. ‘‘(B) blowout prevention systems will in- ‘‘(6) conduct regular and thorough safety ‘‘(4) INDEPENDENCE.—The Secretary shall clude redundancy and remote triggering ca- reviews and inspections, and; create a program within the appropriate bu- pability. ‘‘(7) enforce all applicable laws (including reau established under section 32 that shall— ‘‘(3) MODIFICATION REVIEW REQUIRED.—The regulations).’’; ‘‘(A) be programmatically separate and dis- Secretary may not approve any modification (3) in the second sentence of subsection tinct from the leasing program; of a permit without a determination, after (d)(2), by inserting ‘‘, the head of an inter- ‘‘(B) carry out the environmental studies an additional engineering review, that the ested Federal agency,’’ after ‘‘Attorney Gen- under this section; modification will not compromise the safety eral’’; ‘‘(C) conduct additional environmental of the well system previously approved. (4) in the first sentence of subsection (g), studies relevant to the sound management of ‘‘(4) OPERATOR SAFETY AND ENVIRONMENTAL by inserting before the period at the end the energy and mineral resources on the outer MANAGEMENT REQUIRED.—The Secretary may following: ‘‘, including existing inventories Continental Shelf; not grant any drilling permit or modifica- and mapping of marine resources previously ‘‘(D) provide for external scientific review tion of the permit until the date of comple- undertaken by the Department of the Inte- of studies under this section, including

VerDate Mar 15 2010 02:28 Jul 29, 2010 Jkt 089060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JY6.050 S28JYPT1 tjames on DSKG8SOYB1PROD with SENATE S6406 CONGRESSIONAL RECORD — SENATE July 28, 2010 through appropriate arrangements with the lating to safety, environmental protection, (2) in subsection (e)— National Academy of Sciences; and and spill response. (A) by striking ‘‘(e) The’’ and inserting the ‘‘(E) subject to the restrictions of sub- ‘‘(2) SPECIFIC AREAS OF FOCUS.—The pro- following: sections (g) and (h) of section 18, make avail- gram under this subsection shall include re- ‘‘(e) REVIEW OF ALLEGED SAFETY VIOLA- able to the public studies conducted and data search, development, and other activities re- TIONS.— gathered under this section.’’; and lated to— ‘‘(1) IN GENERAL.—The’’; and (3) in the first sentence of subsection (b)(1) ‘‘(A) risk assessment, using all available (B) by adding at the end the following: (as so redesignated), by inserting ‘‘every 3 data from safety and compliance records ‘‘(2) INVESTIGATION.—The Secretary shall years’’ after ‘‘shall conduct’’. both within the United States and inter- investigate any allegation from any em- (h) SAFETY RESEARCH AND REGULATIONS.— nationally; ployee of the lessee or any subcontractor of Section 21 of the Outer Continental Shelf ‘‘(B) analysis of industry trends in tech- the lessee made under paragraph (1).’’; and Lands Act (43 U.S.C. 1347) is amended— nology, investment, and interest in frontier (3) by adding at the end of the section the (1) in the first sentence of subsection (a), areas; following: by striking ‘‘Upon the date of enactment of ‘‘(C) analysis of incidents investigated ‘‘(g) INDEPENDENT INVESTIGATION.— this section,’’ and inserting ‘‘Not later than under section 22; ‘‘(1) IN GENERAL.—At the request of the May 1, 2011, and every 3 years thereafter,’’; ‘‘(D) reviews of best available technologies, Secretary, the National Transportation Safe- (2) by striking subsection (b) and inserting including technologies associated with pipe- ty Board may conduct an independent inves- the following: lines, blowout preventer mechanisms, cas- tigation of any accident, occurring in the ‘‘(b) BEST AVAILABLE TECHNOLOGIES AND ing, well design, and other associated infra- outer Continental Shelf and involving activi- PRACTICES.— structure related to offshore energy develop- ties under this Act, that does not otherwise ‘‘(1) IN GENERAL.—In exercising respective ment; fall within the definition of an accident or responsibilities under this Act, the Sec- ‘‘(E) oil spill response and mitigation; major marine casualty, as those terms are retary, and the Secretary of the Department ‘‘(F) risks associated with human factors; used in chapter 11 of title 49, United States in which the Coast Guard is operating, shall and Code. require, on all new drilling and production ‘‘(G) renewable energy operations. ‘‘(2) TRANSPORTATION ACCIDENT.—For pur- operations and, to the maximum extent ‘‘(3) INFORMATION SHARING ACTIVITIES.— poses of an investigation under this sub- practicable, on existing operations, the use ‘‘(A) DOMESTIC ACTIVITIES.—The Secretary section, the accident that is the subject of of the best available and safest technologies shall carry out programs to facilitate the ex- the request by the Secretary shall be deter- and practices, if the failure of equipment change and dissemination of scientific and mined to be a transportation accident within would have a significant effect on safety, technical information and best practices re- the meaning of that term in chapter 11 of health, or the environment. lated to the management of safety and envi- title 49, United States Code. ‘‘(2) IDENTIFICATION OF BEST AVAILABLE ronmental issues associated with energy and ‘‘(h) INFORMATION ON CAUSES AND CORREC- TECHNOLOGIES.—Not later than May 1, 2011, mineral resource exploration, development, TIVE ACTIONS.— and not later than every 3 years thereafter, and production. ‘‘(1) IN GENERAL.—For each incident inves- the Secretary shall identify and publish an ‘‘(B) INTERNATIONAL COOPERATION.—The tigated under this section, the Secretary updated list of best available technologies Secretary shall carry out programs to co- shall promptly make available to all lessees for key areas of well design and operation, operate with international organizations and and the public technical information about including blowout prevention and blowout foreign governments to share information the causes and corrective actions taken. and oil spill response. and best practices related to the manage- ‘‘(2) PUBLIC DATABASE.—All data and re- ‘‘(3) SAFETY CASE.—Not later than May 1, ment of safety and environmental issues as- ports related to an incident described in 2011, the Secretary shall promulgate regula- sociated with energy and mineral resource paragraph (1) shall be maintained in a data- tions requiring a safety case be submitted exploration, development, and production. base that is available to the public. along with each new application for a permit ‘‘(4) REPORTS.—The program under this ‘‘(i) INSPECTION FEE.— to drill on the outer Continental Shelf. subsection shall provide to the Secretary, ‘‘(1) IN GENERAL.—To the extent necessary ‘‘(4) EMPLOYEE TRAINING.— each Bureau Director under section 32, and to fund the inspections described in this ‘‘(A) IN GENERAL.—Not later than May 1, the public quarterly reports that address— paragraph, the Secretary shall collect a non- 2011, the Secretary shall promulgate regula- ‘‘(A) developments in each of the areas refundable inspection fee, which shall be de- tions setting standards for training for all under paragraph (2); and posited in the Ocean Energy Enforcement workers on offshore facilities (including mo- ‘‘(B)(i) any accidents that have occurred in Fund established under paragraph (3), from bile offshore drilling units) conducting en- the past quarter; and the designated operator for facilities subject ergy and mineral resource exploration, de- ‘‘(ii) appropriate responses to the acci- to inspection under subsection (c). velopment, and production operations on the dents. ‘‘(2) ESTABLISHMENT.—The Secretary shall outer Continental Shelf. ‘‘(5) INDEPENDENCE.—The Secretary shall establish, by rule, inspection fees— ‘‘(B) REQUIREMENTS.—The training stand- create a program within the appropriate bu- ‘‘(A) at an aggregate level equal to the ards under this paragraph shall require that reau established under section 32 that shall— amount necessary to offset the annual ex- employers of workers described in subpara- ‘‘(A) be programmatically separate and dis- penses of inspections of outer Continental graph (A)— tinct from the leasing program; Shelf facilities (including mobile offshore ‘‘(i) establish training programs approved ‘‘(B) carry out the studies, analyses, and drilling units) by the Department of the In- by the Secretary; and other activities under this subsection; terior; and ‘‘(ii) demonstrate that employees involved ‘‘(C) provide for external scientific review ‘‘(B) using a schedule that reflects the dif- in the offshore operations meet standards of studies under this section, including ferences in complexity among the classes of that demonstrate the aptitude of the em- through appropriate arrangements with the facilities to be inspected. ployees in critical technical skills. National Academy of Sciences; and ‘‘(3) OCEAN ENERGY ENFORCEMENT FUND.— ‘‘(C) EXPERIENCE.—The training standards ‘‘(D) make available to the public studies There is established in the Treasury a fund, under this section shall require that any off- conducted and data gathered under this sec- to be known as the ‘Ocean Energy Enforce- shore worker with less than 5 years of ap- tion. ment Fund’ (referred to in this subsection as plied experience in offshore facilities oper- ‘‘(6) USE OF DATA.—The Secretary shall en- the ‘Fund’), into which shall be deposited ations pass a certification requirement after sure that the information from the studies amounts collected under paragraph (1) and receiving the appropriate training. and research carried out under this section which shall be available as provided under ‘‘(D) MONITORING TRAINING COURSES.—The inform the development of safety practices paragraph (4). Secretary shall ensure that Department em- and regulations as required by this Act and ‘‘(4) AVAILABILITY OF FEES.—Notwith- ployees responsible for inspecting offshore other applicable laws.’’. standing section 3302 of title 31, United facilities monitor, observe, and report on (i) ENFORCEMENT.—Section 22 of the Outer States Code, all amounts collected by the training courses established under this para- Continental Shelf Lands Act (43 U.S.C. 1348) Secretary under this section— graph, including attending a representative is amended— ‘‘(A) shall be credited as offsetting collec- number of the training sessions, as deter- (1) in subsection (d)— tions; mined by the Secretary.’’; and (A) in paragraph (1)— ‘‘(B) shall be available for expenditure only (3) by adding at the end the following: (i) in the first sentence, by inserting ‘‘, for purposes of carrying out inspections of ‘‘(g) TECHNOLOGY RESEARCH AND RISK AS- each loss of well control, blowout, activation outer Continental Shelf facilities (including SESSMENT PROGRAM.— of the blowout preventer, and other accident mobile offshore drilling units) and the ad- ‘‘(1) IN GENERAL.—The Secretary shall that presented a serious risk to human or en- ministration of the inspection program; carry out a program of research, develop- vironmental safety,’’ after ‘‘fire’’; and ‘‘(C) shall be available only to the extent ment, and risk assessment to address tech- (ii) in the last sentence, by inserting ‘‘as a provided for in advance in an appropriations nology and development issues associated condition of the lease’’ before the period at Act; and with outer Continental Shelf energy and the end; ‘‘(D) shall remain available until expended. mineral resource activities, with the pri- (B) in the last sentence of paragraph (2), by ‘‘(5) ANNUAL REPORTS.— mary purpose of informing the role of re- inserting ‘‘as a condition of lease’’ before the ‘‘(A) IN GENERAL.—Not later than 60 days search, development, and risk assessment re- period at the end; after the end of each fiscal year beginning

VerDate Mar 15 2010 02:28 Jul 29, 2010 Jkt 089060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JY6.050 S28JYPT1 tjames on DSKG8SOYB1PROD with SENATE July 28, 2010 CONGRESSIONAL RECORD — SENATE S6407 with fiscal year 2011, the Secretary shall sub- ‘‘(ii) making, with the intent to influence, ceding 1-year period, served as an officer, di- mit to the Committee on Energy and Nat- any oral or written communication on behalf rector, trustee, general partner, agent, attor- ural Resources of the Senate and the Com- of any other person (except the United ney, consultant, contractor, or employee has mittee on Natural Resources of the House of States) to, a financial interest. Representatives a report on the operation of any department, agency, or court of the ‘‘(c) GIFTS FROM OUTSIDE SOURCES.—No the Fund during the fiscal year. United States, or any officer or employee full-time officer or employee of the Depart- ‘‘(B) CONTENTS.—Each report shall include, thereof, in connection with any judicial or ment of the Interior who directly or indi- for the fiscal year covered by the report, the other proceeding, application, request for a rectly discharges duties or responsibilities following: ruling or other determination, regulation, under this Act shall, directly or indirectly, ‘‘(i) A statement of the amounts deposited order lease, permit, rulemaking, inspection, solicit or accept any gift in violation of sub- into the Fund. enforcement action, or other particular mat- part B of part 2635 of title V, Code of Federal ‘‘(ii) A description of the expenditures ter involving a specific party or parties in Regulations (or successor regulations). ‘‘(d) EXEMPTIONS.—The Secretary may, by made from the Fund for the fiscal year, in- which the United States is a party or has a rule, exempt from this section clerical and cluding the purpose of the expenditures. direct and substantial interest which was ac- support personnel who do not conduct in- ‘‘(iii) Recommendations for additional au- tually pending under his official responsi- spections, perform audits, or otherwise exer- thorities to fulfill the purpose of the Fund. bility as an officer or employee within a pe- cise regulatory or policy making authority ‘‘(iv) A statement of the balance remaining riod of one year prior to the termination of under this Act. in the Fund at the end of the fiscal year.’’. such responsibility or in which he partici- ‘‘(e) PENALTIES.— (j) REMEDIES AND PENALTIES.—Section 24 of pated personally and substantially as an offi- ‘‘(1) CRIMINAL PENALTIES.—Any person who the Outer Continental Shelf Lands Act (43 cer or employee; violates paragraph (1) or (2) of subsection (a) U.S.C. 1350) is amended— ‘‘(2) within 1 year after his employment or subsection (b) shall be punished in accord- (1) by striking subsection (b) and inserting with the Department has ceased— ance with section 216 of title 18, United the following: ‘‘(A) knowingly act as agent or attorney States Code. ‘‘(b) CIVIL PENALTY.— for, or otherwise represent, any other person ‘‘(2) CIVIL PENALTIES.—Any person who vio- ‘‘(1) IN GENERAL.—Subject to paragraphs (2) (except the United States) in any formal or lates subsection (a)(3) or (c) shall be pun- through (3), if any person fails to comply informal appearance before; ished in accordance with subsection (b) of with this Act, any term of a lease or permit ‘‘(B) with the intent to influence, make section 216 of title 18, United States Code.’’. any oral or written communication on behalf issued under this Act, or any regulation or SEC. 307. STUDY ON THE EFFECT OF THE MORA- order issued under this Act, the person shall of any other person (except the United TORIA ON NEW DEEPWATER DRILL- be liable for a civil administrative penalty of States) to; or ING IN THE GULF OF MEXICO ON EM- not more than $75,000 for each day of con- ‘‘(C) knowingly aid , advise, or assist in — PLOYMENT AND SMALL BUSINESSES. tinuance of each failure. ‘‘(i) representing any other person (except (a) IN GENERAL.—The Department of En- ‘‘(2) ADMINISTRATION.—The Secretary may the United States in any formal or informal ergy, acting through the Energy Information assess, collect, and compromise any penalty appearance before, or Administration, shall publish a monthly under paragraph (1). ‘‘(ii) making, with the intent to influence, study evaluating the effect of the moratoria ‘‘(3) HEARING.—No penalty shall be assessed any oral or written communication on behalf resulting from the blowout and explosion of under this subsection until the person of any other person (except the United the mobile offshore drilling unit Deepwater charged with a violation has been given the States) to, Horizon that occurred on April 20, 2010, and opportunity for a hearing. the Department of the Interior, or any offi- resulting hydrocarbon releases into the envi- ‘‘(4) ADJUSTMENT.—The penalty amount cer or employee thereof, in connection with ronment, on employment and small busi- specified in this subsection shall increase any judicial, rulemaking, regulation, order, nesses. EPORT.—Not later than 60 days after each year to reflect any increases in the Con- lease, permit, regulation, inspection, en- (b) R the date of enactment of this Act and at the sumer Price Index for All Urban Consumers forcement action, or other particular matter beginning of each month thereafter during published by the Bureau of Labor Statistics which is pending before the Department of the effective period of the moratoria de- of the Department of Labor.’’; the Interior or in which the Department has scribed in subsection (a), the Secretary of a direct and substantial interest; or (2) in subsection (c)— Energy, acting through the Energy Informa- ‘‘(3) accept employment or compensation, (A) in the first sentence, by striking tion Administration, shall submit to the during the 1-year period beginning on the ‘‘$100,000’’ and inserting ‘‘$10,000,000’’; and Committee on Energy and Natural Resources date on which employment with the Depart- (B) by adding at the end the following: of the Senate and the Committee on Energy ment has ceased, from any person (other ‘‘The penalty amount specified in this sub- and Commerce of the House of Representa- section shall increase each year to reflect than the United States) that has a direct and tives a report regarding the results of the any increases in the Consumer Price Index substantial interest— study conducted under subsection (a), includ- for All Urban Consumers published by the ‘‘(A) that was pending under the official re- ing— Bureau of Labor Statistics of the Depart- sponsibility of the employee as an officer or (1) a survey of the effect of the moratoria ment of Labor.’’; and employee of the Department during the 1- on deepwater drilling on employment in the (3) in subsection (d), by inserting ‘‘, or with year period preceding the termination of the industries directly involved in oil and nat- responsibility; or reckless disregard,’’ after ‘‘knowingly and ural gas exploration in the outer Continental ‘‘(B) in which the employee participated willfully’’. Shelf; personally and substantially as an officer or (k) OIL AND GAS DEVELOPMENT AND PRO- (2) a survey of the effect of the moratoria employee. DUCTION.—Section 25 of the Outer Conti- on employment in the industries indirectly ‘‘(b) PRIOR EMPLOYMENT RELATIONSHIPS.— nental Shelf Lands Act (43 U.S.C. 1351) is involved in oil and natural gas exploration in amended by striking ‘‘, other than the Gulf No full-time officer or employee of the De- partment of the Interior who directly or in- the outer Continental Shelf, including sup- of Mexico,’’ each place it appears in sub- pliers of supplies or services and customers sections (a)(1), (b), and (e)(1). directly discharges duties or responsibilities under this Act shall participate personally of industries directly involved in oil and nat- (l) CONFLICTS OF INTEREST.—Section 29 of and substantially as a Federal officer or em- ural gas exploration; the Outer Continental Shelf Lands Act (43 ployee, through decision, approval, dis- (3) an estimate of the effect of the mora- U.S.C. 1355) is amended to read as follows: approval, recommendation, the rendering of toria on the revenues of small business lo- ‘‘SEC. 29. CONFLICTS OF INTEREST. advice, investigation, or otherwise, in a pro- cated near the Gulf of Mexico and, to the ‘‘(a) RESTRICTIONS ON EMPLOYMENT.—No ceeding, application, request for a ruling or maximum extent practicable, throughout full-time officer or employee of the Depart- other determination, contract, claim, con- the United States; and ment of the Interior who directly or indi- troversy, charge, accusation, inspection, en- (4) any recommendations to mitigate pos- rectly discharges duties or responsibilities forcement action, or other particular matter sible negative effects on small business con- under this Act shall— in which, to the knowledge of the officer or cerns resulting from the moratoria. ‘‘(1) within 2 years after his employment employee— SEC. 308. REFORM OF OTHER LAW. with the Department has ceased— ‘‘(1) the officer or employee or the spouse, Section 388(b) of the Energy Policy Act of ‘‘(A) knowingly act as agent or attorney minor child, or general partner of the officer 2005 (43 U.S.C. 1337 note; Public Law 109–58) is for, or otherwise represent, any other person or employee has a financial interest; amended by adding at the end the following: (except the United States) in any formal or ‘‘(2) any organization in which the officer ‘‘(4) FEDERAL AGENCIES.—Any head of a informal appearance before; or employee is serving as an officer, director, Federal department or agency shall, on re- ‘‘(B) with the intent to influence, make trustee, general partner, or employee has a quest of the Secretary, provide to the Sec- any oral or written communication on behalf financial interest; retary all data and information that the Sec- of any other person (except the United ‘‘(3) any person or organization with whom retary determines to be necessary for the States) to; or the officer or employee is negotiating or has purpose of including the data and informa- ‘‘(C) knowingly aid, advise, or assist in— any arrangement concerning prospective em- tion in the mapping initiative, except that ‘‘(i) representing any other person (except ployment has a financial interest; or no Federal department or agency shall be re- the United States in any formal or informal ‘‘(4) any person or organization in which quired to provide any data or information appearance before; or the officer or employee has, within the pre- that is privileged or proprietary.’’.

VerDate Mar 15 2010 02:28 Jul 29, 2010 Jkt 089060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JY6.050 S28JYPT1 tjames on DSKG8SOYB1PROD with SENATE S6408 CONGRESSIONAL RECORD — SENATE July 28, 2010 SEC. 309. SAFER OIL AND GAS PRODUCTION. 999H(d)(4) shall be expended on areas includ- the Secretary shall establish an advisory (a) PROGRAM AUTHORITY.—Section 999A of ing— committee to be known as the ‘Program Ad- the Energy Policy Act of 2005 (42 U.S.C. ‘‘(i) development of improved cementing visory Committee’ (referred to in this sec- 16371) is amended— and casing technologies; tion as the ‘Advisory Committee’). (1) in subsection (a)— ‘‘(ii) best management practices for ce- ‘‘(b) MEMBERSHIP.— (A) by striking ‘‘ultra-deepwater’’ and in- menting, casing, and other well control ac- ‘‘(1) IN GENERAL.—The Advisory Committee serting ‘‘deepwater’’; and tivities and technologies; shall be composed of members appointed by (B) by inserting ‘‘well control and accident ‘‘(iii) development of integrity and stew- the Secretary, including— prevention,’’ after ‘‘safe operations,’’; ardship guidelines for— ‘‘(A) individuals with extensive research (2) in subsection (b)— ‘‘(I) well-plugging and abandonment; experience or operational knowledge of hy- (A) by striking paragraph (1) and inserting ‘‘(II) development of wellbore sealant tech- drocarbon exploration and production; the following: nologies; and ‘‘(B) individuals broadly representative of ‘‘(1) Deepwater architecture, well control ‘‘(III) improvement and standardization of the affected interests in hydrocarbon produc- and accident prevention, and deepwater tech- blowout prevention devices.’’; and tion, including interests in environmental nology, including drilling to deep formations (C) by adding at the end the following: protection and safety operations; in waters greater than 500 feet.’’; and ‘‘(8) STUDY; REPORT.— ‘‘(C) representatives of Federal agencies, (B) by striking paragraph (4) and inserting ‘‘(A) STUDY.—As soon as practicable after including the Environmental Protection the following: the date of enactment of this paragraph, the Agency and the Department of the Interior; ‘‘(4) Safety technology research and devel- Secretary shall enter into an arrangement ‘‘(D) State regulatory agency representa- opment for drilling activities aimed at well with the National Academy of Sciences tives; and control and accident prevention performed under which the Academy shall conduct a ‘‘(E) other individuals, as determined by by the Office of Fossil Energy of the Depart- study to determine— the Secretary. ment.’’; and ‘‘(i) whether the benefits provided through ‘‘(2) LIMITATIONS.— (3) in subsection (d)— each award under this subsection during cal- ‘‘(A) IN GENERAL.—The Advisory Com- (A) in the subsection heading, by striking endar year 2011 have been maximized; and mittee shall not include individuals who are ‘‘NATIONAL ENERGY TECHNOLOGY LABORA- ‘‘(ii) the new areas of research that could board members, officers, or employees of the TORY’’ and inserting ‘‘OFFICE OF FOSSIL EN- be carried out to meet the overall objectives program consortium. ERGY OF THE DEPARTMENT’’; and of the program. ‘‘(B) CATEGORICAL REPRESENTATION.—In ap- (B) by striking ‘‘National Energy Tech- ‘‘(B) REPORT.—Not later than January 1, pointing members of the Advisory Com- nology Laboratory’’ and inserting ‘‘Office of 2012, the Secretary shall submit to the ap- mittee, the Secretary shall ensure that no Fossil Energy of the Department’’. propriate committees of Congress a report class of individuals described in any of sub- (b) DEEPWATER AND UNCONVENTIONAL ON- that contains a description of the results of paragraphs (A), (B), (D), or (E) of paragraph the study conducted under subparagraph (A). SHORE NATURAL GAS AND OTHER PETROLEUM (1) comprises more than 1⁄3 of the member- RESEARCH AND DEVELOPMENT PROGRAM.— ‘‘(C) OPTIONAL UPDATES.—The Secretary ship of the Advisory Committee. Section 999B of the Energy Policy Act of 2005 may update the report described in subparagraph (B) for the 5-year period beginning on ‘‘(c) SUBCOMMITTEES.—The Advisory Com- (42 U.S.C. 16372) is amended— mittee may establish subcommittees for sep- (1) in the section heading, by striking the date described in that subparagraph and each 5-year period thereafter.’’; arate research programs carried out under ‘‘ULTRA-DEEPWATER AND UNCONVENTIONAL this subtitle. ONSHORE NATURAL GAS AND OTHER PETRO- (5) in subsection (e)— LEUM’’ and inserting ‘‘SAFE OIL AND GAS (A) in paragraph (2)— ‘‘(d) DUTIES.—The Advisory Committee PRODUCTION AND ACCIDENT PREVENTION’’; (i) in the second sentence of subparagraph shall— (2) in subsection (a), by striking ‘‘, by in- (A), by inserting ‘‘to the Secretary for re- ‘‘(1) advise the Secretary on the develop- creasing’’ and all that follows through the view’’ after ‘‘submit’’; and ment and implementation of programs under period at the end and inserting ‘‘and the safe (ii) in the first sentence of subparagraph this subtitle; and and environmentally responsible explo- (B), by striking ‘‘Ultra-Deepwater’’ and all ‘‘(2) carry out section 999B(e)(2)(B). ration, development, and production of hy- that follows through ‘‘and such Advisory ‘‘(e) COMPENSATION.—A member of the Ad- drocarbon resources.’’; Committees’’ and inserting ‘‘Program Advi- visory Committee shall serve without com- (3) in subsection (c)(1)— sory Committee established under section pensation but shall be entitled to receive (A) by redesignating subparagraphs (D) and 999D(a), and the Advisory Committee’’; and travel expenses in accordance with sub- (E) as subparagraphs (E) and (F), respec- (B) by adding at the end the following: chapter I of chapter 57 of title 5, United tively; and ‘‘(6) RESEARCH FINDINGS AND RECOMMENDA- States Code. (B) by inserting after subparagraph (C) the TIONS FOR IMPLEMENTATION.—The Secretary, in consultation with the Secretary of the In- ‘‘(f) PROHIBITION.—The Advisory Com- following: mittee shall not make recommendations on ‘‘(D) projects will be selected on a competi- terior and the Administrator of the Environ- mental Protection Agency, shall publish in funding awards to particular consortia or tive, peer-reviewed basis.’’; and other entities, or for specific projects.’’. (4) in subsection (d)— the Federal Register an annual report on the (A) in paragraph (6), by striking ‘‘ultra- research findings of the program carried out (e) DEFINITIONS.—Section 999G of the En- deepwater’’ and inserting ‘‘deepwater’’; under this section and any recommendations ergy Policy Act of 2005 (42 U.S.C. 16377) is (B) in paragraph (7)— for implementation that the Secretary, in amended— (i) in subparagraph (A)— consultation with the Secretary of the Inte- (1) in paragraph (1), by striking ‘‘200 but (I) in the subparagraph heading, by strik- rior and the Administrator of the Environ- less than 1,500 meters’’ and inserting ‘‘500 ing ‘‘ULTRA-DEEPWATER’’ and inserting mental Protection Agency, determines to be feet’’; ‘‘DEEPWATER’’; necessary.’’; (2) by striking paragraphs (8), (9), and (10); (II) by striking ‘‘development and’’ and in- (6) in subsection (i)— (3) by redesignating paragraphs (2) through serting ‘‘research, development, and’’; and (A) in the subsection heading, by striking (7) and (11) as paragraphs (4) through (9) and (III) by striking ‘‘as well as’’ and all that ‘‘UNITED STATES GEOLOGICAL SURVEY’’ and (10), respectively; follows through the period at the end and in- inserting ‘‘DEPARTMENT OF THE INTERIOR’’; (4) by inserting after paragraph (1) the fol- serting ‘‘aimed at improving operational and lowing: safety of drilling activities, including well (B) by striking ‘‘, through the United ‘‘(2) DEEPWATER ARCHITECTURE.—The term integrity systems, well control, blowout pre- States Geological Survey,’’; and ‘deepwater architecture’ means the integra- vention, the use of non-toxic materials, and (7) in the first sentence of subsection (j), by tion of technologies for the exploration for, integrated systems approach-based manage- striking ‘‘National Energy Technology Lab- or production of, natural gas or other petro- ment for exploration and production in deep- oratory’’ and inserting ‘‘Office of Fossil En- leum resources located at deepwater depths. water.’’; ergy of the Department’’. ‘‘(3) DEEPWATER TECHNOLOGY.—The term (ii) in subparagraph (B), by striking ‘‘and (c) ADDITIONAL REQUIREMENTS FOR ‘deepwater technology’ means a discrete environmental mitigation’’ and inserting AWARDS.—Section 999C(b) of the Energy Pol- technology that is specially suited to address ‘‘use of non-toxic materials, drilling safety, icy Act of 2005 (42 U.S.C. 16373(b)) is amended 1 or more challenges associated with the ex- and environmental mitigation and accident by striking ‘‘an ultra-deepwater technology ploration for, or production of, natural gas prevention’’; or an ultra-deepwater architecture’’ and in- or other petroleum resources located at (iii) in subparagraph (C), by inserting serting ‘‘a deepwater technology’’. deepwater depths.’’; and ‘‘safety and accident prevention, well control (d) PROGRAM ADVISORY COMMITTEE.—Sec- (5) in paragraph (10) (as redesignated by and systems integrity,’’ after ‘‘including’’; tion 999D of the Energy Policy Act of 2005 (42 paragraph (3)), by striking ‘‘in an economi- and U.S.C. 16374) is amended to read as follows: cally inaccessible geological formation, in- (iv) by adding at the end the following: ‘‘SEC. 999D. PROGRAM ADVISORY COMMITTEE. cluding resources of small producers’’. ‘‘(D) SAFETY AND ACCIDENT PREVENTION ‘‘(a) ESTABLISHMENT.—Not later than 270 (f) FUNDING.—Section 999H of the Energy TECHNOLOGY RESEARCH AND DEVELOPMENT.— days after the date of enactment of the Policy Act of 2005 (42 U.S.C. 16378) is amend- Awards from allocations under section Outer Continental Shelf Reform Act of 2010, ed—

VerDate Mar 15 2010 03:52 Jul 29, 2010 Jkt 089060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JY6.050 S28JYPT1 tjames on DSKG8SOYB1PROD with SENATE July 28, 2010 CONGRESSIONAL RECORD — SENATE S6409 (1) in the first sentence of subsection (a) by (A) 1 member shall be appointed by the (V) regulatory specifications, testing, and striking ‘‘Ultra-Deepwater and Unconven- President, who shall serve as Chairperson of requirements for offshore oil and gas well ex- tional Natural Gas and Other Petroleum Re- the Commission; plosion prevention; search Fund’’ and inserting ‘‘Safe and Re- (B) 1 member shall be appointed by the ma- (VI) regulatory specifications, testing, and sponsible Energy Production Research jority or minority (as the case may be) lead- requirements offshore oil and gas well casing Fund’’; er of the Senate from the Republican Party and cementing regulation; (2) in subsection (d)— and the majority or minority (as the case (VII) the role of congressional oversight (A) in paragraph (1), by striking ‘‘35 per- may be) leader of the House of Representa- and resource allocation; and cent’’ and inserting ‘‘21.5 percent’’; tives from the Republican Party, who shall (VIII) other areas of the public and private (B) in paragraph (2), by striking ‘‘32.5 per- serve as Vice Chairperson of the Commis- sectors determined to be relevant to the cent’’ and inserting ‘‘21 percent’’; sion; Deepwater Horizon incident by the Commis- (C) in paragraph (4)— (C) 2 members shall be appointed by the sion; (i) by striking ‘‘25 percent’’ and inserting senior member of the leadership of the Sen- (B) to identify, review, and evaluate the ‘‘30 percent’’; ate from the Democratic Party; lessons learned from the Deepwater Horizon (ii) by striking ‘‘complementary research’’ (D) 2 members shall be appointed by the incident of April 20, 2010, regarding the and inserting ‘‘safety technology research senior member of the leadership of the House structure, coordination, management poli- and development’’; and of Representatives from the Republican cies, and procedures of the Federal Govern- (iii) by striking ‘‘contract management,’’ Party; ment, and, if appropriate, State and local and all that follows through the period at (E) 2 members shall be appointed by the governments and nongovernmental entities, the end and inserting ‘‘and contract manage- senior member of the leadership of the Sen- and the private sector, relative to detecting, ment.’’; and ate from the Republican Party; and preventing, and responding to those inci- (D) by adding at the end the following: (F) 2 members shall be appointed by the dents; and ‘‘(5) 20 percent shall be used for research senior member of the leadership of the House (C) to submit to the President and Con- activities required under sections 20 and 21 of of Representatives from the Democratic gress such reports as are required under this the Outer Continental Shelf Lands Act (43 Party. section containing such findings, conclu- U.S.C. 1346, 1347).’’. (2) QUALIFICATIONS; INITIAL MEETING.— sions, and recommendations as the Commis- (3) in subsection (f), by striking ‘‘Ultra- (A) POLITICAL PARTY AFFILIATION.—Not sion determines to be appropriate, including Deepwater and Unconventional Natural Gas more than 5 members of the Commission proposals for organization, coordination, and Other Petroleum Research Fund’’ and shall be from the same political party. planning, management arrangements, proce- inserting ‘‘Safer Oil and Gas Production and (B) NONGOVERNMENTAL APPOINTEES.—An in- dures, rules, and regulations. Accident Prevention Research Fund’’. dividual appointed to the Commission may (2) RELATIONSHIP TO INQUIRY BY CONGRES- (g) CONFORMING AMENDMENT.—Subtitle J of not be a current officer or employee of the SIONAL COMMITTEES.—In investigating facts title IX of the Energy Policy Act of 2005 (42 Federal Government or any State or local and circumstances relating to energy policy, U.S.C. 16371 et seq.) is amended in the sub- government. the Commission shall— (A) first review the information compiled title heading by striking ‘‘Ultra-Deepwater (C) OTHER QUALIFICATIONS.—It is the sense and Unconventional Natural Gas and Other of Congress that individuals appointed to the by, and any findings, conclusions, and recommendations of, the committees identified Petroleum Resources’’ and inserting ‘‘Safer Commission should be prominent United in subparagraphs (A) and (B) of subsection Oil and Gas Production and Accident Preven- States citizens, with national recognition (b)(3); and tion’’. and significant depth of experience and ex- (B) after completion of that review, pursue pertise in such areas as— SEC. 310. NATIONAL COMMISSION ON OUTER any appropriate area of inquiry, if the Com- (i) engineering; CONTINENTAL SHELF OIL SPILL mission determines that— PREVENTION. (ii) environmental compliance; (i) those committees have not investigated (iii) health and safety law (particularly oil (a) ESTABLISHMENT.—There is established that area; spill legislation); in the Legislative branch the National Com- (ii) the investigation of that area by those (iv) oil spill insurance policies; mission on Outer Continental Shelf Oil Spill committees has not been completed; or (v) public administration; Prevention (referred to in this section as the (iii) new information not reviewed by the ‘‘Commission’’). (vi) oil and gas exploration and production; committees has become available with re- (vii) environmental cleanup; and (b) PURPOSES.—The purposes of the Com- spect to that area. (viii) fisheries and wildlife management. mission are— (e) POWERS OF COMMISSION.— (D) DEADLINE FOR APPOINTMENT.—All mem- (1) to examine and report on the facts and (1) HEARINGS AND EVIDENCE.—The Commis- causes relating to the Deepwater Horizon ex- bers of the Commission shall be appointed on sion or, on the authority of the Commission, plosion and oil spill of 2010; or before September 15, 2010. any subcommittee or member of the Com- (2) to ascertain, evaluate, and report on (E) INITIAL MEETING.—The Commission mission, may, for the purpose of carrying out the evidence developed by all relevant gov- shall meet and begin the operations of the this section— ernmental agencies regarding the facts and Commission as soon as practicable after the (A) hold such hearings, meet and act at circumstances surrounding the incident; date of enactment of this Act. such times and places, take such testimony, (3) to build upon the investigations of (3) QUORUM; VACANCIES.— receive such evidence, and administer such other entities, and avoid unnecessary dupli- (A) IN GENERAL.—After the initial meeting oaths; and cation, by reviewing the findings, conclu- of the Commission, the Commission shall (B) require, by subpoena or otherwise, the sions, and recommendations of— meet upon the call of the Chairperson or a attendance and testimony of such witnesses (A) the Committees on Energy and Natural majority of the members of the Commission. and the production of such books, records, Resources and Commerce, Science, and (B) QUORUM.—6 members of the Commis- correspondence, memoranda, papers, docu- Transportation of the Senate; sion shall constitute a quorum. ments, tapes, and materials; (C) VACANCIES.—Any vacancy in the Com- (B) the Committee on Natural Resources as the Commission or such subcommittee or mission shall not affect the powers of the and the Subcommittee on Oversight and In- member considers to be advisable. Commission, but shall be filled in the same vestigations of the House of Representatives; (2) SUBPOENAS.— manner in which the original appointment and (A) ISSUANCE.— was made. (C) other Executive branch, congressional, (i) IN GENERAL.—A subpoena may be issued or independent commission investigations (d) FUNCTIONS OF COMMISSION.— under this paragraph only— into the Deepwater Horizon incident of 2010, (1) IN GENERAL.—The functions of the Com- (I) by the agreement of the Chairperson other fatal oil platform accidents and major mission are— and the Vice Chairperson; or spills, and major oil spills generally; (A) to conduct an investigation that— (II) by the affirmative vote of 6 members of (4) to make a full and complete accounting (i) investigates relevant facts and cir- the Commission. of the circumstances surrounding the inci- cumstances relating to the Deepwater Hori- (ii) SIGNATURE.—Subject to clause (i), a dent, and the extent of the preparedness of zon incident of April 20, 2010, and the associ- subpoena issued under this paragraph— the United States for, and immediate re- ated oil spill thereafter, including any rel- (I) shall bear the signature of the Chair- sponse of the United States to, the incident; evant legislation, Executive order, regula- person or any member designated by a ma- and tion, plan, policy, practice, or procedure; and jority of the Commission; (5) to investigate and report to the Presi- (ii) may include relevant facts and cir- (II) and may be served by any person or dent and Congress findings, conclusions, and cumstances relating to— class of persons designated by the Chair- recommendations for corrective measures (I) permitting agencies; person or by a member designated by a ma- that may be taken to prevent similar inci- (II) environmental and worker safety law jority of the Commission for that purpose. dents. enforcement agencies; (B) ENFORCEMENT.— (c) COMPOSITION OF COMMISSION.— (III) national energy requirements; (i) IN GENERAL.—In the case of contumacy (1) MEMBERS.—The Commission shall be (IV) deepwater and ultradeepwater oil and or failure to obey a subpoena issued under composed of 10 members, of whom— gas exploration and development; subparagraph (A), the United States district

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court for the district in which the subpoe- (2) PUBLIC HEARINGS.—Any public hearings practicable, pursuant to existing procedures naed person resides, is served, or may be of the Commission shall be conducted in a and requirements. found, or where the subpoena is returnable, manner consistent with the protection of (2) PROPRIETARY INFORMATION.—No person may issue an order requiring the person to proprietary or sensitive information pro- shall be provided with access to proprietary appear at any designated place to testify or vided to or developed for or by the Commis- information under this section without the to produce documentary or other evidence. sion as required by any applicable law (inappropriate security clearances. (ii) JUDICIAL ACTION FOR NONCOMPLIANCE.— cluding a regulation or Executive order). (j) REPORTS OF COMMISSION; ADJOURN- Any failure to obey the order of the court (g) STAFF OF COMMISSION.— MENT.— may be punished by the court as a contempt (1) IN GENERAL.— (1) INTERIM REPORTS.—The Commission of that court. (A) APPOINTMENT AND COMPENSATION.— may submit to the President and Congress (iii) ADDITIONAL ENFORCEMENT.—In the case (i) IN GENERAL.—The Chairperson, in con- interim reports containing such findings, of any failure of any witness to comply with sultation with the Vice Chairperson and in conclusions, and recommendations for cor- any subpoena or to testify when summoned accordance with rules agreed upon by the rective measures as have been agreed to by a under authority of this subsection, the Com- Commission, may, without regard to the majority of members of the Commission. mission may, by majority vote, certify a civil service laws (including regulations), ap- (2) FINAL REPORT.—Not later than 180 days statement of fact constituting such failure point and fix the compensation of a staff di- after the date of the enactment of this Act, to the appropriate United States attorney, rector and such other personnel as are nec- the Commission shall submit to the Presi- who may bring the matter before the grand essary to enable the Commission to carry dent and Congress a final report containing jury for action, under the same statutory au- out the functions of the Commission. such findings, conclusions, and recommenda- thority and procedures as if the United (ii) MAXIMUM RATE OF PAY.—No rate of pay tions for corrective measures as have been States attorney had received a certification fixed under this subparagraph may exceed agreed to by a majority of members of the under sections 102 through 104 of the Revised the equivalent of that payable for a position Commission. Statutes (2 U.S.C. 192 through 194). at level V of the Executive Schedule under (3) TEMPORARY ADJOURNMENT.— (3) CONTRACTING.—The Commission may, to section 5316 of title 5, United States Code. (A) IN GENERAL.—The Commission, and all such extent and in such amounts as are pro- (B) PERSONNEL AS FEDERAL EMPLOYEES.— the authority provided under this section, vided in appropriation Acts, enter into con- (i) IN GENERAL.—The staff director and any shall adjourn and be suspended, respectively, tracts to enable the Commission to discharge personnel of the Commission who are em- on the date that is 60 days after the date on the duties of the Commission under this sec- ployees shall be considered to be employees which the final report is submitted under tion. under section 2105 of title 5, United States paragraph (2). (4) INFORMATION FROM FEDERAL AGENCIES.— Code, for purposes of chapters 63, 81, 83, 84, (B) ADMINISTRATIVE ACTIVITIES BEFORE TER- (A) IN GENERAL.—The Commission may se- 85, 87, 89, and 90 of that title. MINATION.—The Commission may use the 60- cure directly from any Executive depart- (ii) MEMBERS OF COMMISSION.—Clause (i) day period referred to in subparagraph (A) ment, bureau, agency, board, commission, of- shall not apply to members of the Commis- for the purpose of concluding activities of fice, independent establishment, or instru- sion. the Commission, including— mentality of the Federal Government, infor- (2) DETAILEES.— (i) providing testimony to committees of mation, suggestions, estimates, and statis- (A) IN GENERAL.—An employee of the Fed- Congress concerning reports of the Commis- tics for the purposes of this section. eral Government may be detailed to the sion; and (B) COOPERATION.—Each Federal depart- Commission without reimbursement. (ii) disseminating the final report sub- ment, bureau, agency, board, commission, of- (B) CIVIL SERVICE STATUS.—The detail of mitted under paragraph (2). fice, independent establishment, or instru- the employee shall be without interruption (C) RECONVENING OF COMMISSION.—The mentality shall, to the extent authorized by or loss of civil service status or privilege. Commission shall stand adjourned until such law, furnish information, suggestions, esti- (3) PROCUREMENT OF TEMPORARY AND INTER- time as the President or the Secretary of mates, and statistics directly to the Com- MITTENT SERVICES.—The Chairperson of the Homeland Security declares an oil spill of mission, upon request made by the Chair- Commission may procure temporary and national significance to have occurred, at person, the Chairperson of any subcommittee intermittent services in accordance with sec- which time— created by a majority of the Commission, or tion 3109(b) of title 5, United States Code, at (i) the Commission shall reconvene in ac- any member designated by a majority of the rates for individuals that do not exceed the cordance with subsection (c)(3); and Commission. daily equivalent of the annual rate of basic (ii) the authority of the Commission under (C) RECEIPT, HANDLING, STORAGE, AND DIS- pay prescribed for level V of the Executive this section shall be of full force and effect. SEMINATION.—Information shall be received, Schedule under section 5316 of that title. (k) FUNDING.— (1) AUTHORIZATION OF APPROPRIATIONS.— handled, stored, and disseminated only by (h) COMPENSATION AND TRAVEL EXPENSES.— There are authorized to be appropriated to members of the Commission and the staff of (1) COMPENSATION OF MEMBERS.— carry out this section— the Commission in accordance with all appli- (A) NON-FEDERAL EMPLOYEES.—A member cable laws (including regulations and Execu- of the Commission who is not an officer or (A) $10,000,000 for the first fiscal year in tive orders). employee of the Federal Government shall which the Commission convenes; and (5) ASSISTANCE FROM FEDERAL AGENCIES.— be compensated at a rate equal to the daily (B) $3,000,000 for each fiscal year thereafter (A) GENERAL SERVICES ADMINISTRATION.— equivalent of the annual rate of basic pay in which the Commission convenes. The Administrator of General Services shall prescribed for level IV of the Executive (2) AVAILABILITY.—Amounts made avail- provide to the Commission on a reimburs- Schedule under section 5315 of title 5, United able to carry out this section shall be available basis administrative support and other States Code, for each day (including travel able— services for the performance of the functions time) during which the member is engaged in (A) for transfer to the Commission for use of the Commission. the performance of the duties of the Com- in carrying out the functions and activities (B) OTHER DEPARTMENTS AND AGENCIES.—In mission. of the Commission under this section; and (B) until the date on which the Commis- addition to the assistance prescribed in sub- (B) FEDERAL EMPLOYEES.—A member of the paragraph (A), departments and agencies of Commission who is an officer or employee of sion adjourns for the fiscal year under sub- the United States may provide to the Com- the Federal Government shall serve without section (j)(3). (l) NONAPPLICABILITY OF FEDERAL ADVISORY mission such services, funds, facilities, staff, compensation in addition to the compensa- COMMITTEE ACT.—The Federal Advisory and other support services as are determined tion received for the services of the member to be advisable and authorized by law. Committee Act (5 U.S.C. App.) shall not as an officer or employee of the Federal Gov- apply to the Commission. (6) GIFTS.—The Commission may accept, ernment. SEC. 311. SAVINGS PROVISIONS. use, and dispose of gifts or donations of serv- (2) TRAVEL EXPENSES.—A member of the (a) EXISTING LAW.—All regulations, rules, ices or property, including travel, for the di- Commission shall be allowed travel expenses, standards, determinations, contracts and rect advancement of the functions of the including per diem in lieu of subsistence, at Commission. agreements, memoranda of understanding, rates authorized for an employee of an agen- certifications, authorizations, appointments, (7) POSTAL SERVICES.—The Commission cy under subchapter I of chapter 57 of title 5, delegations, results and findings of inves- may use the United States mails in the same United States Code, while away from the tigations, or any other actions issued, made, manner and under the same conditions as de- home or regular place of business of the or taken by, or pursuant to or under, the au- partments and agencies of the United States. member in the performance of the duties of thority of any law (including regulations) (f) PUBLIC MEETINGS AND HEARINGS.— the Commission. that resulted in the assignment of functions (1) PUBLIC MEETINGS AND RELEASE OF PUBLIC (i) SECURITY CLEARANCES FOR COMMISSION or activities to the Secretary, the Director VERSIONS OF REPORTS.—The Commission MEMBERS AND STAFF.— of the Minerals Management Service (includ- shall— (1) IN GENERAL.—Subject to paragraph (2), ing by delegation from the Secretary), or the (A) hold public hearings and meetings, to the appropriate Federal agencies or depart- Department (as related to the implementa- the extent appropriate; and ments shall cooperate with the Commission tion of the purposes referenced in this title) (B) release public versions of the reports in expeditiously providing to the members that were in effect on the date of enactment required under paragraphs (1) and (2) of sub- and staff of the Commission appropriate se- of this Act shall continue in full force and ef- section (j). curity clearances, to the maximum extent fect after the date of enactment of this Act

VerDate Mar 15 2010 02:28 Jul 29, 2010 Jkt 089060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JY6.051 S28JYPT1 tjames on DSKG8SOYB1PROD with SENATE July 28, 2010 CONGRESSIONAL RECORD — SENATE S6411 unless previously scheduled to expire or exceed three times the value of the vessel States Code, is amended by striking the item until otherwise modified or rescinded by this and pending freight. If the vessel has more relating to section 30307 and inserting the title or any other Act. than one owner, the proportionate share of following: (b) EFFECT ON OTHER AUTHORITIES.—This the liability of any one owner shall not ex- ‘‘30307. Aviation accidents.’’. title does not amend or alter the provisions ceed that owner’s proportionate interest in (c) APPLICATION TO FISHING VESSELS.— of other applicable laws, unless otherwise the vessel and pending freight.’’. (1) IN GENERAL.—None of the amendments noted. (2) Subsection (c) of section 30505 is amend- made by this section shall apply with respect TITLE IV—ENVIRONMENTAL CRIMES ed to read as follows: ‘‘(c) CLAIMS NOT SUBJECT TO LIMITATION.— to a fishing vessel. ENFORCEMENT Subsection (a) does not apply— (2) FISHING VESSEL DEFINED.—In this sub- SEC. 401. SHORT TITLE. ‘‘(1) to a claim for wages; or section, the term ‘‘fishing vessel’’ means— This title may be cited as the ‘‘Environ- ‘‘(2) to a claim resulting from a discharge (A) a vessel, boat, ship, or other watercraft mental Crimes Enforcement Act of 2010’’. of oil from a vessel or offshore facility, as that is used for, equipped to be used for, or SEC. 402. ENVIRONMENTAL CRIMES. those terms are defined in section 1001 of the of a type normally used for— (a) SENTENCING GUIDELINES.— Oil Pollution Act of 1990 (33 U.S.C. 2701).’’. (i) charter fishing (as defined in section (1) DIRECTIVE.—Pursuant to its authority (3) Subsection (c) of section 30511 is amend- 3(3) of the Magnuson-Stevens Fishery Con- under section 994 of title 28, United States ed to read as follows: servation and Management Act (16 U.S.C. Code, and in accordance with this sub- ‘‘(c) CESSATION OF OTHER ACTIONS.—At the 1802(3))); section, the United States Sentencing Com- time that an action is brought under this (ii) commercial fishing (as defined in sec- mission shall review and amend the Federal section and the owner has complied with tion 3(4) of such Act (16 U.S.C. 1802(4))); or Sentencing Guidelines and policy statements subsection (b), all claims and proceedings (iii) aiding or assisting one or more vessels applicable to persons convicted of offenses against the owner related to the matter in at sea in the performance of any activity re- under the Federal Water Pollution Control question which are subject to limitation lating to commercial fishing (as so defined), Act (33 U.S.C. 1251 et seq.), in order to reflect under section 30505 shall cease.’’. including preparation, supply, storage, re- the intent of Congress that penalties for the SEC. 503. ASSESSMENT OF PUNITIVE DAMAGES IN frigeration, transportation, or processing; offenses be increased in comparison to those MARITIME LAW. but provided on the date of enactment of this (a) IN GENERAL.—Chapter 301 of title 46, (B) does not include a passenger vessel (as Act under the guidelines and policy state- United States Code, is amended by adding at defined in section 2101(22) of title 46, United ments, and appropriately account for the ac- the end the following: States Code). tual harm to the public and the environment ‘‘§ 30107. Punitive damages SEC. 505. EFFECTIVE DATE. from the offenses. ‘‘In a civil action for damages arising out This title and the amendments made by (2) REQUIREMENTS.—In amending the Fed- of a maritime tort, punitive damages may be this title shall apply to— eral Sentencing Guidelines and policy state- assessed without regard to the amount of (1) causes of action and claims arising after ments under paragraph (1), the United States compensatory damages assessed in the ac- April 19, 2010; and Sentencing Commission shall— tion.’’. (2) actions commenced before the date of (A) ensure that the guidelines and policy (b) CLERICAL AMENDMENT.—The table of enactment of this Act that have not been fi- statements, including section 2Q1.2 of the contents for chapter 301 of title 46, United nally adjudicated, including appellate re- Federal Sentencing Guidelines (and any suc- States Code, is amended by adding at the end view, as of that date. cessor thereto), reflect— the following: TITLE VI—SECURING HEALTH FOR OCEAN (i) the serious nature of the offenses de- ‘‘30107. Punitive damages.’’. RESOURCES AND ENVIRONMENT (SHORE) scribed in paragraph (1); SEC. 504. AMENDMENTS TO THE DEATH ON THE SEC. 601. SHORT TITLE. HIGH SEAS ACT. (ii) the need for an effective deterrent and This title may be cited as the ‘‘Securing (a) IN GENERAL.—Chapter 303 of title 46, appropriate punishment to prevent the of- Health for Ocean Resources and Environ- United States Code, is amended— fenses; and ment Act’’ or the ‘‘SHORE Act’’. (iii) the effectiveness of incarceration in (1) by inserting ‘‘or law’’ after ‘‘admiralty’’ furthering the objectives described in clauses in section 30302; Subtitle A—National Oceanic and Atmos- (i) and (ii); (2) by inserting ‘‘and nonpecuniary loss’’ pheric Administration Oil Spill Response, (B) consider the extent to which the guide- after ‘‘pecuniary loss’’ in section 30303; Containment, and Prevention lines appropriately account for the actual (3) by striking ‘‘sustained by’’ and all that SEC. 611. IMPROVEMENTS TO NATIONAL OCE- harm to public and the environment result- follows in section 30303 and inserting ‘‘sus- ANIC AND ATMOSPHERIC ADMINIS- ing from the offenses; tained, plus a fair compensation for the dece- TRATION OIL SPILL RESPONSE, CON- (C) ensure reasonable consistency with dent’s pain and suffering. In this section, the TAINMENT, AND PREVENTION. other relevant directives and guidelines and term ‘nonpecuniary loss’ means the loss of (a) REVIEW OF ABILITY OF NATIONAL OCE- Federal statutes; care, comfort, and companionship.’’; ANIC AND ATMOSPHERIC ADMINISTRATION TO (D) make any necessary conforming (4) by inserting ‘‘or law’’ after ‘‘admiralty’’ RESPOND TO OIL SPILLS.— changes to guidelines; and in section 30305; and (1) COMPREHENSIVE REVIEW REQUIRED.—Not (E) ensure that the guidelines relating to (5) by inserting ‘‘or law’’ after ‘‘admiralty’’ later than 1 year after the date of the enact- offenses under the Federal Water Pollution in section 30306. ment of this Act, the Under Secretary for Control Act (33 U.S.C. 1251 et seq.) ade- (b) AVIATION ACCIDENTS.— Oceans and Atmosphere shall conduct a com- quately meet the purposes of sentencing, as (1) IN GENERAL.—Section 30307 of title 46, prehensive review of the current capacity of set forth in section 3553(a)(2) of title 18, United States Code, is amended— the National Oceanic and Atmospheric Ad- United States Code. (A) by striking subsection (a) and inserting ministration to respond to oil spills. (2) ELEMENTS.—The review conducted (b) RESTITUTION.—Section 3663A(c)(1) of the following: title 18, United States Code, is amended— ‘‘(a) DEFINITIONS.— under paragraph (1) shall include the fol- (1) in clause (ii), by striking ‘‘or’’ at the ‘‘(1) COMMERCIAL AVIATION; GENERAL AVIA- lowing: end; TION.—The terms ‘commercial aviation’ and (A) A comparison of oil spill modeling re- (2) in clause (iii), by striking ‘‘and’’ at the ‘general aviation’ have the same meaning as quirements with the state-of-the-art oil spill end and inserting ‘‘or’’; and those terms, respectively, as used in subtitle modeling with respect to near shore and off- (3) by adding at the end the following: VII of title 49, United States Code. shore areas. ‘‘(iv) an offense under section 309(c) of the ‘‘(2) NONPECUNIARY DAMAGES.—The term (B) Development of recommendations on Federal Water Pollution Control Act (33 ‘nonpecuniary damages’ means damages for priorities for improving forecasting of oil U.S.C. 1319(c)); and’’. loss of care, comfort, and companionship.’’; spill, trajectories, and impacts. (B) by inserting ‘‘or general aviation’’ after (C) An inventory of the products and tools TITLE V—FAIRNESS IN ADMIRALTY AND ‘‘commercial aviation’’ in subsections (b) of the National Oceanic and Atmospheric Ad- MARITIME LAW and (c); and ministration that can aid in assessment of SEC. 501. SHORT TITLE. (C) by adding at the end thereof the fol- the potential risk and impacts of oil spills. This title may be cited as the ‘‘Fairness in lowing: Such products and tools may include envi- Admiralty and Maritime Law Act’’. ‘‘(d) PROCEDURE.—Notwithstanding sec- ronmental sensitivity index maps, the SEC. 502. REPEAL OF LIMITATION OF SHIP- tions 30302, 30305, and 30306, an action to United States Integrated Ocean Observing OWNERS’ LIABILITY ACT OF 1851. which this section applies may be brought in System, and regional information coordi- (a) IN GENERAL.—Chapter 305 of title 46, admiralty and may not be brought in law.’’. nating entities established as part of such United States Code, is amended as follows: (2) CONFORMING AMENDMENTS.— System, and oil spill trajectory models. (1) Subsection (a) of section 30505 is amend- (A) SECTION HEADING.—Section 30307 of (D) An identification of the baseline ocean- ed to read as follows: title 46, United States Code, is amended by ographic and climate data required to sup- ‘‘(a) IN GENERAL.—Except as provided in striking the section heading and inserting port state of the art modeling. section 30506 of this title, the liability of the ‘‘Aviation accidents’’. (E) An assessment of the Administration’s owner of a vessel for any claim, debt, or li- (B) CLERICAL AMENDMENT.—The table of ability to respond to the effects of an oil ability described in subsection (b) shall not contents for chapter 303 of title 46, United spill on its trust resources, including—

VerDate Mar 15 2010 02:28 Jul 29, 2010 Jkt 089060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JY6.051 S28JYPT1 tjames on DSKG8SOYB1PROD with SENATE S6412 CONGRESSIONAL RECORD — SENATE July 28, 2010 (i) marine sanctuaries, monuments, and (A) A review of protocol for the application en vessels in the exclusive economic zone of other protected areas; of dispersants that contemplates the vari- the United States and identify priorities (ii) marine mammals, sea turtles, and ables of temperature, pressure, and depth of (based on amount of oil, feasibility of oil re- other protected species, and efforts to reha- the site of release of hydrocarbons. covery, fate and effects of oil if released, and bilitate such species. (B) A review of technological capabilities cost-benefit of preemptive action) for poten- (3) REPORT.—Upon completion of the re- to detect the presence of subsea hydro- tial preemptive removal of oil or other ac- view required by paragraph (1), the Under carbons at various concentrations and at tions that may be effective to mitigate the Secretary shall submit to Congress a report various depths within a water column result- risk of oil spills from offshore abandoned or on such review, including the findings of the ing from releases of oil and natural gas after sunken vessels. Under Secretary with respect to such review. a spill. (h) QUINQUENNIAL REPORT ON ECOLOGICAL (b) OIL SPILL TRAJECTORY MODELING.— (C) A review of technological capabilities BASELINES, IMPORTANT ECOLOGICAL AREAS, (1) IN GENERAL.—The Under Secretary for for expeditiously identifying the source AND ECONOMIC RISKS.— Oceans and Atmosphere and the Secretary of (‘‘fingerprinting’’) of subsea hydrocarbons. (1) IN GENERAL.—Not later than 270 days the Interior shall be responsible for devel- (D) A review of coastal and ocean current after the date of enactment of this Act, and oping and maintaining oil spill trajectory modeling as it relates to predicting the tra- not less frequently than once every 5 years modeling capabilities to aid oil spill response jectory of oil and natural gas. thereafter, the Under Secretary shall submit and natural resource damage assessment, in- (E) A review of the effect of varying con- to Congress a report that, with respect to re- cluding taking such actions as may be re- centrations of hydrocarbons on all levels of gions that are leased or are under consider- quired by subsections (c) through (g). the food web, including evaluations of sea- ation for leasing for offshore energy produc- (2) REAL-TIME TRAJECTORY MODELING.—The food safety, toxicity to individuals, negative tion— Under Secretary shall have primary respon- impacts to reproduction, bioaccumulation, (A) characterizes ecological baselines; sibility for real-time trajectory modeling. growth, and such other matters as the Under (B) identifies important ecological areas, (3) LONG-TERM TRAJECTORY MODELING.—The Secretary and the Administrator think ap- critical habitats, and migratory behaviors; Secretary of the Interior shall have primary propriate. and responsibility for long-term trajectory mod- (F) Development of recommendations on (C) identifies potential risks posed by hy- eling. priorities for improving forecasting of move- drocarbon development to these resources. (4) COORDINATION WITH NATIONAL LABORA- ment of subsea hydrocarbon. (2) IMPORTANT ECOLOGICAL AREA DEFINED.— TORIES.—In carrying out this subsection, the (G) Development of recommendations for In this subsection, the term ‘‘important eco- Under Secretary and the Secretary of the In- implementation of a Subsea Hydrocarbon logical area’’ means an area that contributes terior shall coordinate with National Lab- Monitoring and Assessment program within significantly to marine ecosystem health. oratories with established oil spill modeling the Office of Response and Restoration. (3) RELATIONSHIP TO OTHER LAWS.—Nothing expertise. (3) PROGRAM REQUIRED.—Not later than 1 in this subsection shall be construed to alter (c) ENVIRONMENTAL SENSITIVITY INDEX.— year after the date of the enactment of this or limit the authority and responsibility of (1) UPDATE.—Beginning not later than 180 Act, the Under Secretary shall, in consulta- the Secretary of the Interior provided by days after the date of the enactment of this tion with the Administrator of the Environ- this or any other Act. Act and not less frequently than once every mental Protection Agency and the Secretary 7 years thereafter, the Under Secretary shall SEC. 612. USE OF OIL SPILL LIABILITY TRUST of Interior, establish a hydrocarbon moni- FUND FOR PREPAREDNESS, RE- update the environmental sensitivity index toring and assessment program that is based SPONSE, DAMAGE ASSESSMENT, AND products of the National Oceanic and Atmos- on the recommendations developed under the RESTORATION. pheric Administration for each coastal area comprehensive review required by paragraph Section 1012(a)(5) of the Oil Pollution Act of the United States and for each offshore (1). of 1990 (33 U.S.C. 2712(a)(5)) is amended— area of the United States that is leased or (e) NATIONAL INFORMATION CENTER ON OIL (1) by redesignating subparagraphs (B) and under consideration for leasing for offshore SPILLS.—The Under Secretary shall, in co- (C) as subparagraphs (C) and (D), respec- energy production. operation with the Interagency Coordinating tively; and (2) EXPANDED COVERAGE.—Not later than Committee on Oil Pollution Research, estab- (2) by inserting after subparagraph (A) the 270 days after the date of the enactment of lish a national information center on oil following: this Act, the Under Secretary shall, to the spills that— ‘‘(B)(i) not more than $5,000,000 in each fis- maximum extent practicable, create an envi- (1) includes scientific information and re- cal year shall be available to the Under Sec- ronmental sensitivity index product for each search on oil spill preparedness, response, retary for Oceans and Atmosphere and the area described in paragraph (1) for which the and restoration; Assistant Secretary of the Interior for Fish National Oceanic and Atmospheric Adminis- (2) serves as a single access point for emer- and Wildlife and Parks without further ap- tration did not have an environmental sensi- gency responders for such scientific data; propriation for expenses incurred by, and activity index product on the day before the (3) provides outreach and utilizes commu- tivities related to, preparedness, response, date of the enactment of this Act. nication mechanisms to inform partners, the restoration, and damage assessment capa- (3) ENVIRONMENTAL SENSITIVITY INDEX public, and local communities about the bilities of the National Oceanic and Atmos- PRODUCT DEFINED.—In this subsection, the availability of oil spill preparedness, preven- pheric Administration, the United States term ‘‘environmental sensitivity index prod- tion, response, and restoration information Fish and Wildlife Service, and other relevant uct’’ means a map or similar tool that is uti- and services and otherwise improves public agencies; and lized to identify sensitive shoreline, coastal understanding and minimizes impacts of oil ‘‘(ii) in a fiscal year in which an oil spill of or offshore, resources prior to an oil spill spills; and national significance occurs, not more than event in order to set baseline priorities for (4) applies the data interoperability stand- $25 million shall be available to Federal protection and plan cleanup strategies, typi- ards developed by the Integrated Coastal trustees designated by the President pursu- cally including information relating to Ocean Observation System øto all for free ant to section 1006 (b)(2);’’. shoreline type, biological resources, and and open access to all relevant Federal and SEC. 613. INVESTMENT OF AMOUNTS IN DAMAGE human use resources. non-Federal data using, to the extent prac- ASSESSMENT AND RESTORATION RE- (4) RELATIONSHIP TO OTHER LAWS.—Nothing ticable, the existing infrastructure of the re- VOLVING FUND IN INTEREST-BEAR- in this subsection shall be construed to alter gional information coordinating entities de- ING OBLIGATIONS. or limit the authority or responsibility of veloped as part of the Integrated Coastal The Secretary of the Treasury shall invest the Secretary of the Interior provided by Ocean Observing System as a portal for ac- such a portion of the amounts in the Damage this or any other Act. cessing non-federal data¿. Assessment and Restoration Revolving Fund (d) SUBSEA HYDROCARBON REVIEW AND PRO- (f) INITIATIVE ON OIL SPILLS FROM AGING described in title I of the Departments of GRAM.— AND ABANDONED OIL INFRASTRUCTURE.—Not Commerce, Justice, and State, the Judiciary, (1) REVIEW REQUIRED.—Not later than 180 later than 270 days after the date of the en- and Related Agencies Appropriations Act of days after the date of the enactment of this actment of this Act, the Under Secretary 1991 (33 U.S.C. 2706 note) as is not required to Act, the Under Secretary shall, in consulta- shall establish an initiative— meet current withdrawals, as determined by tion with the Administrator of the Environ- (1) to determine the significance, response, the Secretary, in interest-bearing obliga- mental Protection Agency and the Secretary frequency, size, potential fate, and potential tions of the United States in accordance of the Interior, conduct a comprehensive re- effects, including those on sensitive habitats, with section 9602 of the Internal Revenue view of the current state of the National of oil spills resulting from aging and aban- Code of 1986. Oceanic and Atmospheric Administration to doned oil infrastructure; and SEC. 614. STRENGTHENING COASTAL STATE OIL observe, monitor, map, and track subsea hy- (2) to formulate recommendations on how SPILL PLANNING AND RESPONSE. drocarbons, including a review of the effect best to address such spills. The Coastal Zone Management Act of 1972 of subsea hydrocarbons and dispersants at (g) INVENTORY OF OFFSHORE ABANDONED OR (16 U.S.C. 1451 et seq.) is amended adding at varying concentrations on living marine re- SUNKEN VESSELS.—Not later than 270 days the end the following new section: sources. after the date of the enactment of this Act, ‘‘SEC. 320. STRENGTHENING COASTAL STATE OIL (2) ELEMENTS OF REVIEW.—The review con- the Under Secretary shall, in consultation SPILL RESPONSE AND PLANNING. ducted under paragraph (1) shall include the with the Secretary of the Interior, develop ‘‘(a) GRANTS TO STATES.—The Secretary following: an inventory of offshore abandoned or sunk- may make grants to eligible coastal states—

VerDate Mar 15 2010 02:28 Jul 29, 2010 Jkt 089060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JY6.051 S28JYPT1 tjames on DSKG8SOYB1PROD with SENATE July 28, 2010 CONGRESSIONAL RECORD — SENATE S6413 ‘‘(1) to revise management programs ap- fected by Outer Continental Shelf energy ac- areas of the Gulf of Mexico and other regions proved under section 306 and National Estua- tivities. of the exclusive economic zone of the United rine Research Reserves approved under sec- ‘‘(e) ANNUAL GRANTS.— States and adjacent regions affected by the tion 315 to identify and implement new en- ‘‘(1) IN GENERAL.—For each of fiscal years oil spill caused by the mobile offshore drill- forceable policies and procedures to ensure 2011 through 2015, the Secretary may make a ing unit Deepwater Horizon. sufficient response capabilities at the State grant to a coastal state to develop new en- (2) The fate, transport, and persistence of level to address the environmental, eco- forceable policies and procedures as required oil released during the spill and spatial dis- nomic and social impacts of oil spills or under this section. tribution throughout the water column, in- other accidents resulting from Outer Conti- ‘‘(2) GRANT AMOUNTS AND LIMIT ON cluding in-situ burn residues. nental Shelf energy activities with the po- AWARDS.—The amount of any grant to any (3) The fate, transport, and persistence of tential to affect and land or water use or one coastal state under this section shall not chemical dispersants applied in-situ or on natural resource of the coastal zone; exceed $750,000 for any fiscal year. surface waters. ‘‘(2) to undertake regionally based coastal ‘‘(3) NO STATE MATCHING CONTRIBUTION RE- (4) Identification of lethal and sub-lethal and marine spatial planning that would as- QUIRED.—A coastal state shall not be re- impacts to shellfish, fish, and wildlife resist in data collection, oil spill preparedness quired to contribute any portion of the cost sources that utilize habitats located within activities, and energy facility siting; and of a grant awarded under this section. the affected region. ‘‘(3) to review and revise where necessary ‘‘(4) SECRETARIAL REVIEW AND LIMIT ON (5) Impacts to regional, State, and local applicable enforceable policies within ap- AWARDS.—After an initial grant is made to a economies that depend on the natural re- proved coastal State management programs coastal state under this section, no subse- sources of the affected area, including com- affecting coastal energy activities and en- quent grant may be made to that coastal mercial and recreational fisheries, tourism, ergy to ensure that these policies are con- state under this section unless the Secretary and other wildlife-dependent recreation. sistent with— finds that the coastal state is satisfactorily (6) The development of criteria for the pro- ‘‘(A) other emergency response plans and developing revisions to address offshore en- tection of marine aquatic life. policies developed under Federal or State ergy impacts. No coastal state is eligible to (7) Other elements considered necessary by law; and receive grants under this section for more the Secretaries and the Administrator to en- ‘‘(B) new policies and procedures developed than 2 fiscal years. sure a comprehensive marine research and under paragraph (1). ‘‘(f) APPLICABILITY.—The requirements of monitoring program to comprehend and un- ‘‘(b) ELEMENTS.—New enforceable policies this section shall only apply if appropria- derstand the implications to trust resources and procedures developed by coastal states tions are provided to the Secretary to make caused by the oil spill from the mobile off- with grants awarded under this section shall grants under this section to enable States to shore drilling unit Deepwater Horizon. be coordinated with Area Contingency Plans develop new or revised enforceable policies (c) COOPERATION AND CONSULTATION.—In de- developed pursuant to section 311(j)(4) of the and procedures. Further, this section shall veloping the research and monitoring pro- Federal Water Pollution Control Act (33 not be construed to convey any new author- gram established under subsection (a), the U.S.C. 1321(j)(4)) and shall consider, but not ity to any coastal state, or repeal or super- Secretaries and the Administrator shall con- be limited to— sede any existing authority of any coastal sult with— ‘‘(1) other existing emergency response state, to regulate the siting, licensing, leas- (1) the National Ocean Research Leader- plans, procedures and enforceable policies ing, or permitting of alternative energy fa- ship Council established under section 7902 of developed under other Federal or State law cilities in areas of the Outer Continental title 10, United States Code; that affect the coastal zone; Shelf under the administration of the Fed- (2) such representatives from the Gulf ‘‘(2) identification of critical infrastruc- eral Government. Nothing in this section re- coast States and affected countries as the ture essential to facilitate spill or accident peals or supersedes any existing coastal Secretary considers appropriate; response activities; state authority. (3) academic institutions and other re- ‘‘(3) identification of coordination, logis- ‘‘(g) ASSISTANCE BY THE SECRETARY.—The search organizations; tics and communication networks between Secretary shall, as authorized under section (4) regional information coordination enti- Federal and State government agencies, and 310(a) and to the extent practicable, make ties; and between State agencies and affected local available to coastal states the resources and (5) such other experts with expertise in communities, to ensure the efficient and capabilities of the National Oceanic and At- long-term environmental monitoring and re- timely dissemination of data and other infor- mospheric Administration to provide tech- search of the marine environment as the mation; nical assistance to the coastal states to pre- Secretary considers appropriate. ‘‘(4) inventories of shore locations and in- pare revisions to approved management pro- (d) AVAILABILITY OF DATA.—Upon review by frastructure and equipment necessary to re- grams to meet the requirements under this and approval of the Attorney General regard- spond to oil spills or other accidents result- section.’’. ing impacts on legal claims or litigation ining from Outer Continental Shelf energy ac- SEC. 615. GULF OF MEXICO LONG-TERM MARINE volving the United States, data and informa- tivities; ENVIRONMENTAL MONITORING AND tion generated through the program estab- ‘‘(5) identification and characterization of RESEARCH PROGRAM. lished under subsection (a) shall be managed significant or sensitive marine ecosystems (a) ENVIRONMENTAL MONITORING AND RE- and archived according to the standards de- or other areas possessing important con- SEARCH PROGRAM REQUIRED.— veloped under section 12304 of the Integrated servation, recreational, ecological, historic, (1) IN GENERAL.—As soon as practicable Coastal and Ocean Observation System Act or aesthetic values; after the date of the enactment of this Act of 2009 (33 U.S.C. 3603) to ensure that it is ac- ‘‘(6) inventories and surveys of shore loca- and subject to the availability of appropria- cessible and available to governmental and tions and infrastructure capable of sup- tions or other sources of funding, the Secre- non-governmental personnel and to the gen- porting alternative energy development; taries and the Administrator shall jointly es- eral public for their use and information. ‘‘(7) observing capabilities necessary to as- tablish and carry out a long-term marine en- (e) REPORT.—Not later than 1 year after sess ocean conditions before, during, and vironmental monitoring and research pro- the date of the commencement of the pro- after an oil spill; and gram for the marine and coastal environ- gram under subsection (a) and biennially ‘‘(8) other information or actions as may ment of the Gulf of Mexico to ensure that thereafter, the Secretaries and the Adminis- be necessary. the Federal Government has independent, trator shall jointly submit to Congress a ‘‘(c) GUIDELINES.—The Secretary shall, peer-reviewed scientific data and informa- comprehensive report— within 180 days after the date of enactment tion to assess long-term direct and indirect (1) summarizing the activities and findings of this section and after consultation with impacts on trust resources located in the of the program; and the Administrator of the Environmental Gulf of Mexico and Southeast region result- (2) detailing areas and issues requiring fu- Protection Agency, the Commandant of the ing from the oil spill caused by the mobile ture monitoring and research. Coast Guard, and the coastal states, publish offshore drilling unit Deepwater Horizon. (f) DEFINITIONS.—In this section: guidelines for the application for and use of (2) PERIOD OF PROGRAM.—The Secretaries (1) ADMINISTRATOR.—The term ‘‘Adminis- grants under this section. and the Administrator shall carry out the trator’’ means the Administrator of the En- ‘‘(d) PARTICIPATION.—Coastal states shall program required by paragraph (1) during the vironmental Protection Agency. provide opportunity for public participation 10-year period beginning on the date of the (2) GULF COAST STATE.—The term ‘‘Gulf in developing new enforceable policies and commencement of the program. The Secre- coast State’’ means each of the States of procedures under this section pursuant to taries and the Administrator may extend Texas, Louisiana, Mississippi, Alabama, and subsections (d)(1) of (e) of section 306, espe- such period upon a determination by the Florida. cially by relevant Federal agencies, relevant Secretaries and the Administrator that addi- (3) SECRETARIES.—The term ‘‘Secretaries’’ Area Committees established pursuant to tional monitoring and research is warranted. means the Secretary of Commerce, acting section 311(j)(4) of the Federal Water Pollu- (b) SCOPE OF PROGRAM.—The program es- through the Under Secretary for Oceans and tion Control Act (33 U.S.C. 1321(j)(4)), other tablished under subsection (a) shall include Atmosphere, and the Secretary of the Inte- coastal state agencies, local governments, the following: rior. regional organizations, port authorities, and (1) Monitoring and research of the phys- (4) TRUST RESOURCES.—The term ‘‘trust re- other interested parties and stakeholders, ical, chemical, and biological characteristics sources’’ means the living and non-living public and private, that are related to, or af- of the affected marine, coastal, and estuarine natural resources belonging to, managed by,

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Any such new CONDUCT OIL SPILL PREVENTION. sel monitoring, tracking, and automated standard shall be incorporated into each up- (a) IN GENERAL.—The Secretary of Com- identification systems and navigational aids date of a response plan submitted pursuant merce shall, acting through the Under Sec- and communications infrastructure for safe to section 311(j)(5)(E)(vii) of the Federal retary for Oceans and Atmosphere and in navigation and marine accident prevention Water Pollution Control Act (33 U.S.C. collaboration with the heads of other agen- in the Arctic. 1321(j)(5)), as amended by section 104(b)(3) of cies or departments of the United States (7) Shipping traffic risk assessments for this Act. with appropriate Arctic science expertise, di- the Bering Strait and the Chukchi and Beau- (c) TECHNOLOGY CLEARINGHOUSE.—All tech- rect research and take action to improve the fort Seas. nologies and methods validated under this ability of the United States to conduct oil (8) The integration of local and traditional section shall be included in the comprehen- spill prevention, response, and recovery in knowledge and concerns into prevention and sive list of spill removal resources main- Arctic waters. response strategies. tained by the Coast Guard through the Na- (b) INCLUSIONS.—Research and action under tional Response Unit. this section shall include the prioritization SEC. 623. ADVANCE PLANNING AND PROMPT DE- (d) CONSULTATION.—The Secretaries and of resources— CISION MAKING IN CLOSING AND REOPENING FISHING GROUNDS. the Administrator shall consult with the (1) to address— (a) REQUIREMENT THAT AREA CONTINGENCY Under Secretary for Oceans and Atmosphere (A) ecological baselines and environmental PLANS CONTAIN AREA-SPECIFIC PROTOCOLS and the Secretary of Transportation in car- sensitivity indexes, including stock assess- AND STANDARDS.— rying out this section. ments of marine mammals and other pro- (1) COOPERATION WITH STATE AND LOCAL OF- tected species in the Arctic; SEC. 625. COAST GUARD INSPECTIONS. (B) identification of ecological important FICIALS.—Section 311(j)(4)(B)(ii) of the Fed- (a) IN GENERAL.—The Secretary shall in- areas, sensitive habitats, and migratory be- eral Water Pollution Control Act (33 U.S.C. crease the frequency and comprehensiveness haviors; 1321(j)(4)(B)(ii)) is amended by striking the of safety inspections of all United States and (C) the development of oil spill trajectory semicolon after ‘‘wildlife’’ and inserting a foreign-flag tank vessels that enter a United models in Arctic marine conditions; comma and ‘‘including advance planning States port or place, including increasing the (D) the collection of observational data es- with respect to the closing and reopening of frequency and comprehensiveness of inspec- sential for response strategies in the event of fishing grounds following an oil spill;’’. tions of vessel age, hull configuration, and an oil spill during both open water and ice- (2) FRAMEWORK.—Section 311(j)(4)(C) of the past violations of any applicable discharge covered seasons, including data relating to Federal Water Pollution Control Act (33 and safety regulations under United States oil spill trajectory models that include data U.S.C. 1321(j)(4)(C)) is amended— and international law that may indicate that on— (A) by redesignating clauses (vii) and (viii) the class societies inspecting such vessels (i) currents; as clauses (viii) and (ix), respectively; and may be substandard, and other factors rel- (ii) winds; (B) by inserting after clause (vi) the fol- evant to the potential risk of an oil spill. (iii) weather; lowing: (b) ENHANCED VERIFICATION OF STRUCTURAL (iv) waves; and ‘‘(vii) develop a framework for advance CONDITION.—The Secretary shall adopt, as (v) ice forecasting; planning and decision making with respect part of the Secretary’s inspection require- (E) the development of a robust oper- to the closing and reopening of fishing ments for tank vessels, additional procedures ational monitoring program during the open grounds following an oil spill, including pro- for enhancing the verification of the re- water and ice-covered seasons; tocols and standards for the closing and reported structural condition of such vessels, (F) improvements in technologies and un- opening of fishing areas;’’. taking into account the Condition Assess- derstanding of cold water oil recovery plan- (b) NATIONAL GUIDANCE.—Section ment Scheme adopted by the International ning and restoration implementation; and 311(j)(4)(D) of the Federal Water Pollution Maritime Organization by Resolution 94(46) (G) the integration of local and traditional Control Act (33 U.S.C. 1321(j)(4)(D)) is amend- on April 27, 2001. knowledge into oil recovery research studies; ed— SEC. 626. CERTIFICATE OF INSPECTION RE- and (1) in clause (i) by striking ‘‘and’’ at the QUIREMENTS. (2) to establish a robust geospatial frame- end; (a) IN GENERAL.—Chapter 33 of title 46, work for safe navigation and oil spill re- (2) in clause (ii) by striking the period and United States Code, is amended— sponse through increased— inserting ‘‘; and’’; and (1) in section 3301, by adding at the end the (A) hydrographic and bathymetric sur- (3) by adding at the end the following: following: veying, mapping, and navigational charting; ‘‘(iii) acting through the Commandant of ‘‘(16) vessels and other structures, fixed or (B) geodetic positioning; and the Coast Guard and in consultation with the floating, including those which dynamically (C) monitoring of tides, sea levels, and cur- Under Secretary for Oceans and Atmosphere hold position or are attached to the seabed rents in the Arctic. and any other government entities deemed or subsoil, which are capable of exploring appropriate, issue guidance for Area Com- for, drilling for, developing, or producing oil Subtitle B—Improving Coast Guard Response mittees to use in developing a framework for and Inspection Capacity or gas.’’; and advance planning and decision making with (2) in section 3305(a)(1)— SEC. 621. SECRETARY DEFINED. respect to the closing and reopening of fish- (A) by amending subparagraph (E) to read In this subtitle, except as otherwise spe- ing grounds following an oil spill, which as follows: cifically provided, the term ‘‘Secretary’’ guidance shall include model protocols and means the Secretary of the Secretary of the ‘‘(E) is in a condition to be operated with standards for the closing and reopening of safety to life and property, including, for the Department in which the Coast Guard is op- fishing areas.’’. erating. entities described in paragraph (16) of section (c) RELATIONSHIP TO OTHER LAWS.—Nothing 3301, those systems specified in regulations SEC. 622. ARCTIC MARITIME READINESS AND OIL in this section shall be construed as chang- required by paragraph (3);’’; SPILL PREVENTION. ing or affecting in any way the authorities (a) IN GENERAL.—The Commandant of the (B) in subparagraph (F), by striking the pe- or responsibilities of the Under Secretary for Coast Guard shall assess and take action to riod at the end and inserting ‘‘; and’’; and Oceans and Atmosphere under the Magnu- reduce the risk and improve the capability of (C) by adding the following: son-Stevens Fishery Conservation and Man- the United States to respond to a maritime ‘‘(G) for vessels and other structures de- agement Act (16 U.S.C. 1801 et seq.). disaster in the United States Beaufort and scribed in paragraph (16) of section 3301, com- Chukchi Seas. SEC. 624. OIL SPILL TECHNOLOGY EVALUATION. plies with the highest relevant classifica- (b) MATTERS TO BE ADDRESSED.—The as- (a) IN GENERAL.—The Secretary and the tion, certification, rating, and inspection sessment and actions referred to in sub- Secretary of the Interior (in this section re- standards for vessels or structures of the section (a) shall include the prioritization of ferred to as the ‘‘Secretaries’’) and the Ad- same age and type imposed by— resources to address the following: ministrator of the Environmental Protection ‘‘(i) the American Bureau of Shipping; or (1) Oil spill prevention and response capa- Agency (in this section referred to as the ‘‘(ii) another classification society ap- bilities and infrastructure. ‘‘Administrator’’) shall establish a program proved by the Secretary and the Secretary of (2) The coordination of contingency plans for the formal evaluation and validation of the Interior as meeting acceptable standards and agreements with other agencies and de- oil pollution containment and removal for such a society, except that the classifica- partments of the United States, industry, methods and technologies. tion of vessels or structures under this sec- and foreign governments to respond to an (b) APPROVAL.—The program required by tion by a foreign classification society may Arctic oil spill. subsection (a) shall establish a process for be accepted by the Secretary and the Sec- (3) The expansion of search and rescue ca- new methods and technologies to be sub- retary of the Interior only— pabilities, infrastructure, and logistics, in- mitted, evaluated, and gain validation for ‘‘(I) to the extent that the government of cluding improvements of the Search and Res- use in spill responses and inclusion in re- the foreign country in which the society is cue Optimal Planning System. sponse plans. Following each validation, the headquartered accepts classification by the

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American Bureau of Shipping of vessels and Water Pollution Control Act (33 U.S.C. (c) PARTICIPATION.—In establishing the structures used in the offshore exploration, 1321(j)); Council, the President shall provide for the development, and production of oil and gas (2) the type and quantity of oil transported appropriate participation by relevant stake- in that country; and as cargo or fuel; holders located in the coastal areas of the ‘‘(II) if the foreign classification society (3) the expected benefits of routing meas- Gulf of Mexico, including— has offices and maintains records in the ures in reducing risks of spills; (1) the commercial fin, shellfish, and char- United States.’’. (4) the costs of such measures; ter fishing industries; (b) REGULATIONS.— (5) the safety implications of such meas- (2) the tourism, hotel, and restaurant in- (1) REQUIREMENT FOR REGULATIONS.—Not- ures; and dustries; withstanding section 3306 of title 46, United (6) the nature and value of the resources to (3) socially vulnerable communities, in- States Code, in implementing section 3305 of be protected by such measures. cluding both indigenous and non-indigenous such title, as amended by subsection (a), the (c) ESTABLISHMENT OF ROUTING AND OTHER communities; Secretary and the Secretary of the Interior NAVIGATIONAL MEASURES.—The Commandant (4) marine and coastal conservation enti- shall jointly issue regulations specifying shall establish such routing or other naviga- ties; which systems of the vessels or structures tional measures for areas identified under (5) incorporated and unincorporated mu- described in paragraph (16) of section 3301 of subsection (a). nicipalities; and such title, as added by subsection (a)(1), shall (d) ESTABLISHMENT OF AREAS TO BE AVOID- (6) other appropriate entities. be subject to such requirements. At a min- ED.—To the extent that the Commandant (d) CONSIDERATION.—In establishing the imum, such systems shall include— and the Under Secretary for Oceans and At- Council, the President shall take into ac- (A) mobile offshore drilling units; mosphere identify areas in which naviga- count the experience of Federal government (B) fixed and floating drilling facilities; tional measures are warranted for an area and industry in working with the Prince Wil- and under subsection (a), the Secretary and the liam Sound Regional Citizens’ Advisory (C) risers and blowout preventers. Under Secretary shall seek to establish such Council to promote the environmentally safe (2) EXCEPTIONS.—The Secretary and the areas through the International Maritime operation of the Alyeska Pipeline marine Secretary of the Interior may waive the Organization or establish comparable areas terminal in Valdez, Alaska, and the oil tank- standards established by the regulations re- pursuant to regulations and in a manner ers that use it. (e) REPORT TO CONGRESS PRIOR TO ESTAB- quired by paragraph (1) for a system of an ex- that is consistent with international law. LISHMENT.—Not later than 180 days after the isting vessel or structure if— (e) OIL SHIPMENT DATA AND REPORT.— date of enactment of this Act, the President (A) such system is of an age or type for (1) DATA COLLECTION.—The Commandant of shall submit to Congress a plan for the ap- which meeting such requirements is imprac- the Coast Guard, in consultation with the pointment and operation of the Council. The tical; and Chief of Engineers, shall analyze data on oil report shall include a description of— (B) such system poses an acceptably low transported as cargo on vessels in the navi- (1) the legal form proposed for the Council; level of risk to the environment and to gable waters of the United States, including (2) the duties proposed for the Council; human safety. information on— (3) the manner in which the work of the (3) RELATIONSHIP TO OTHER LAWS.—Nothing (A) the quantity and type of oil being Council would relate to— in this section shall be construed to alter or transported; (A) the execution by relevant Federal limit the authority and responsibility of the (B) the vessels used for such transpor- agencies of their respective statutory au- Secretary or the Secretary of the Interior tation; thorities; and provided by this or any other Act. The regu- (C) the frequency with which each type of (B) the activities of the energy industry; lations required by paragraph (1) shall be oil is being transported; and (4) the manner in which the appointments supplemental to any other regulation issued (D) the point of origin, transit route, and would be made to the Council to ensure bal- by the Secretary or the Secretary of the In- destination of each such shipment of oil. anced representation of all relevant stake- terior under any other provisions of law. (2) QUARTERLY REPORT.— holders with respect to the goal of the Coun- SEC. 627. NAVIGATIONAL MEASURES FOR PRO- (A) REQUIREMENT FOR QUARTERLY REPORT.— cil; TECTION OF NATURAL RESOURCES. The Secretary shall, not less frequently than (5) the manner in which advice and rec- (a) DESIGNATION OF AT-RISK AREAS.—The once each calendar quarter, submit to the ommendations from the Council would be Commandant of the Coast Guard, in con- Committee on Commerce, Science, and treated by the relevant Federal agencies and sultation the Under Secretary for Oceans Transportation of the Senate and the Com- the energy industry; and Atmosphere, shall identify areas in wa- mittee on Energy and Commerce of the (6) provisions relating to conflict of inter- ters subject to the jurisdiction of the United House of Representatives a report on the est and protection of sensitive or confiden- States in which routing or other naviga- data collected and analyzed under paragraph tial information that may be shared with the tional measures are warranted to reduce the (1). risk of oil spills and potential damage to Council; and (B) FORMAT.—Each report submitted under (7) the manner in which the activities of natural resources. In identifying such areas, subparagraph (A) shall be submitted in a for- the Commandant shall give priority consid- the Council would be financially supported. mat that does not disclose information ex- eration to natural resources of particular ec- (f) ANNUAL REPORTS.—The President shall empted from disclosure. ological importance or economic impor- require that an annual report be submitted tance, including— SEC. 628. NOTICE TO STATES OF BULK OIL to Congress on the activities of the Council. TRANSFERS. (1) commercial fisheries; SEC. 630. VESSEL LIABILITY. (2) aquaculture facilities; (a) IN GENERAL.—A State may, by law, re- (a) IN GENERAL.—Section 1004(a) of the Oil (3) marine sanctuaries designated by the quire a person to provide notice of 24 hours Pollution Act of 1990 (33 U.S.C. 2704(a)) is Secretary of Commerce pursuant to the Na- or more to the State and to the Coast Guard amended by striking paragraph (1) and in- tional Marine Sanctuaries Act (16 U.S.C. 1431 prior to transferring oil in bulk as cargo in serting the following: et seq.); an amount equivalent to 250 barrels or more ‘‘(1) for a vessel that is— (4) estuaries of national significance des- to, from, or within a vessel in State waters. ‘‘(A) a tank ship that is a single-hull ves- ignated under section 320 of the Federal (b) COAST GUARD ASSISTANCE.—The Com- sel, including a single hull vessel fitted with Water Pollution Control Act (33 U.S.C. 1330); mandant of the Coast Guard may assist a double sides only or a double bottom only, (5) critical habitat, as defined in section State in developing appropriate methodolo- $3,300 per gross ton or $93,600,000, whichever 3(5) of the Endangered Species Act of 1973 (16 gies for joint Federal and State notification is greater; U.S.C. 1532(5)); of an oil transfer described in subsection (a) ‘‘(B) a tank ship that is a double-hull ves- (6) estuarine research reserves within the to minimize any potential burden to vessels. sel, $1,900 per gross ton or $16,000,000, which- National Estuarine Research Reserve Sys- SEC. 629. GULF OF MEXICO REGIONAL CITIZENS’ ever is greater; tem established by section 315 of the Coastal ADVISORY COUNCIL. ‘‘(C) a tank barge that is a single-hull ves- Zone Management Act of 1972 (16 U.S.C. (a) ESTABLISHMENT.—Not later than 270 sel, including a single-hull vessel fitted with 1461); and days after the date of enactment of this Act, double sides only or a double bottom only, (7) national parks and national seashores the President shall establish a Gulf of Mex- $7,000 per gross ton or $29,100,000, whichever administered by the National Park Service ico Regional Citizens’ Advisory Council is greater; or under the National Park Service Organic Act (hereinafter in this section referred to as the ‘‘(D) a tank barge that is a double-hull ves- (16 U.S.C. 1 et seq.). ‘‘Council’’). sel, $7,000 per gross ton or $10,000,000, which- (b) FACTORS CONSIDERED.—In determining (b) GOAL.—The goal of the Council shall be ever is greater;’’. whether navigational measures are war- to foster more effective engagement by in- (b) DEFINITIONS.—Section 1001(34) of the Oil ranted for an area under subsection (a), the terested stakeholders and local communities Pollution Act of 1990 (33 U.S.C. 2701(34)) is Commandant and the Under Secretary for in providing relevant Federal agencies and amended— Oceans and Atmosphere shall consider, at a the energy industry with advice on energy, (1) by redesignating subparagraphs (A),(B), minimum— safety, health, maritime, national defense, and (C) as clauses (i), (ii), and (iii), respec- (1) the frequency of transits of vessels and environmental aspects of offshore energy tively; which are required to prepare a response and minerals production in the Gulf of Mex- (2) by striking ‘‘ ‘tank vessel’ means’’ and plan under section 311(j) of the Federal ico. inserting ‘‘(A) ‘tank vessel’ means’’; and

VerDate Mar 15 2010 02:28 Jul 29, 2010 Jkt 089060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JY6.052 S28JYPT1 tjames on DSKG8SOYB1PROD with SENATE S6416 CONGRESSIONAL RECORD — SENATE July 28, 2010 (3) by inserting at the end the following: TITLE VII—CATASTROPHIC INCIDENT under this section, including a list of all cat- ‘‘(B) ‘tank barge’ means a non-self-pro- PLANNING astrophic incident plans in progress or compelled tank vessel; and SEC. 701. CATASTROPHIC INCIDENT PLANNING. pleted; and ‘‘(C) ‘tank ship’ means a self-propelled (a) CATASTROPHIC INCIDENT PLANNING INI- ‘‘(2) a report on planning efforts by Federal tank vessel;’’. TIATIVE.—Chapter 1 of subtitle C of the Post- agencies required under section 653, includ- SEC. 631. PROMPT INTERGOVERNMENTAL NO- Katrina Emergency Management Reform Act ing any certification under subsection TICE OF MARINE CASUALTIES. of 2006 (6 U.S.C. 741 et seq.) is amended by 653(d).’’. Section 6101 of title 46, United States Code, adding at the end the following: (b) OFFICE OF CATASTROPHIC PLANNING.— is amended by adding at the end the fol- Title V of the Homeland Security Act of 2002 ‘‘SEC. 655. CATASTROPHIC INCIDENT PLANNING. lowing: (6 U.S.C. 101 et seq.) is amended by adding at ‘‘(a) DEFINITIONS.—In this section— ‘‘(j) NOTICE TO STATES AND TRIBAL GOVERN- the end the following: ‘‘(1) the term ‘catastrophic incident plan’ MENTS.— ‘‘SEC. 525. CATASTROPHIC INCIDENT PLANNING. means a plan to prevent, prepare for, protect ‘‘(1) REQUIREMENT TO NOTIFY.—Not later ‘‘(a) DEFINITION.—In this section, the term against, respond to, and recover from cata- than 1 hour after receiving a report of a ma- ‘catastrophic incident plan’ means a plan to strophic incidents; rine casualty under this section, the Sec- prevent, prepare for, protect against, respond retary shall forward the report to each ap- ‘‘(2) the term ‘critical infrastructure’ has to, and recover from a catastrophic incident. propriate State agency and tribal govern- the meaning given that term in section ‘‘(b) ESTABLISHMENT.—The Secretary shall ment of an Indian tribe (as defined in section 1016(e) of the USA PATRIOT Act (42 U.S.C. establish an Office of Catastrophic Planning 4 of the Indian Self-Determination and Edu- 5195c(e)); and in the Agency, which shall be headed by a cation Assistance Act (25 U.S.C. 450b)) that ‘‘(3) the term ‘National Response Frame- Director of Catastrophic Planning. has jurisdiction concurrent with the United work’ means the successor document to the ‘‘(c) MISSION.—The mission of the Office of States or adjacent to waters in which the National Response Plan issued in January Catastrophic Planning shall be to lead ef- marine casualty occurred. 2008, or any other successor plan prepared forts within the Department, and to support, under section 504(a)(6) of the Homeland Secu- ‘‘(2) APPROPRIATE STATE AGENCY.—Each promote, and coordinate efforts throughout State shall identify for the Secretary the ap- rity Act of 2002 (6 U.S.C. 314(a)(6)). the Federal Government, by State, local and OORDINATED PLANNING.— propriate State agency to receive a report ‘‘(b) C tribal governments, and by the private sec- ‘‘(1) IN GENERAL.—The President shall en- under paragraph (1). Such agency shall be re- tor, to plan effectively to prevent, prepare sure that there is a coordinated system of sponsible for forwarding appropriate infor- for, protect against, respond to, and recover catastrophic incident plans throughout the mation related to such report to local and from catastrophic incidents, whether natural Federal Government. tribal governments within the State.’’. disasters, acts of terrorism, or other man- ‘‘(2) IMPLEMENTATION.—In carrying out made disasters. SEC. 632. PROMPT PUBLICATION OF OIL SPILL ‘‘(d) RESPONSIBILITIES.—The responsibil- INFORMATION. paragraph (1), the President shall— ities of the Director of Catastrophic Plan- (a) IN GENERAL.—In any response to an oil ‘‘(A) identify risks of catastrophic inci- spill in which the Commandant of the Coast dents, including across all critical infra- ning shall include— Guard serves as the Federal On-Scene Coor- structure sectors; ‘‘(1) assisting the President and Federal dinator leading a Unified Command, the ‘‘(B) prioritize risks of catastrophic inci- agencies in identifying risks of catastrophic Commandant, on a publicly accessible dents to determine for which risks the devel- incidents for which planning is likely to be website, shall publish all written Incident opment of catastrophic incident plans is most needed or beneficial, including risks Action Plans prepared and approved as a most necessary or likely to be most bene- across all critical infrastructure sectors; part of the response to such oil spill. ficial; ‘‘(2) leading the efforts of the Department (b) TIMELINESS AND DURATION.—The Com- ‘‘(C) ensure that Federal agencies coordi- to prepare catastrophic incident plans to ad- mandant shall— nate to develop comprehensive and effective dress risks in the areas of responsibility of (1) publish each Incident Action Plan pur- catastrophic incident plans to address the Department; suant to subsection (a) promptly after such prioritized catastrophic risks; and ‘‘(3) providing support to other Federal Plan is approved for implementation by the ‘‘(D) review catastrophic incident plans de- agencies by— Unified Command, and in no event later than veloped by Federal agencies to ensure the ef- ‘‘(A) providing guidelines, standards, train- 12 hours into the operational period for fectiveness of the plans, including assessing ing, and technical assistance to assist the which such Plan is prepared; and whether— agencies in developing effective catastrophic (2) ensure that such plan remains remain ‘‘(i) the assumptions underlying the cata- incident plans in the areas of responsibility publicly accessible by website for the dura- strophic incident plans are realistic; of the agencies; tion of the response to oil spill. ‘‘(ii) the resources identified to implement ‘‘(B) assisting the agencies in the assess- (c) REDACTION OF PERSONAL INFORMATION.— the catastrophic incident plans are adequate, ment of the catastrophic incident plans of The Commandant may redact information including that the catastrophic incident the agencies, including through assistance from an Incident Action Plans published pur- plans address the need for surge capacity; with the design and evaluation of exercises; suant to subsection (a) to the extent nec- ‘‘(iii) exercises designed to evaluate the and essary to comply with applicable privacy catastrophic incident plans are adequate; ‘‘(C) assisting the agencies in developing laws and other requirements regarding per- ‘‘(iv) the catastrophic incident plans incor- tools to meaningfully evaluate catastrophic sonal information. porate lessons learned from other cata- incident plans submitted to the agency by SEC. 633. LEAVE RETENTION AUTHORITY. strophic incidents, include those in other private sector entities; (a) IN GENERAL.—Chapter 11 of title 14, countries, where appropriate; ‘‘(4) ensuring coordination with State, United States Code, is amended by inserting ‘‘(v) the catastrophic incident plans appro- local, and tribal governments in the develop- after section 425 the following: priately account for new events and situa- ment of Federal catastrophic incident plans; ‘‘§ 426. Emergency leave retention authority tions; ‘‘(5) providing assistance to State, local, ‘‘(a) IN GENERAL.—A duty assignment for ‘‘(vi) the catastrophic incident plans ade- and tribal governments in developing cata- an active duty member of the Coast Guard in quately address the need for situational strophic incident plans, including supporting support of a declaration of a major disaster awareness and information sharing; the development of catastrophic incident an- or emergency by the President under the ‘‘(vii) the number, skills, and training of nexes under section 613 of the Robert T. Staf- Robert T. Stafford Disaster Relief and Emer- the available workforce is sufficient to im- ford Disaster Relief and Emergency Assist- gency Assistance Act (42 U.S.C. 5121 et seq.) plement the catastrophic incident plans; ance Act (42 U.S.C. 5196b); or in response to a spill of national signifi- ‘‘(viii) the catastrophic incident plans re- ‘‘(6) promoting and supporting appropriate cance shall be treated, for the purpose of sec- flect coordination with governmental and catastrophic incident planning by private tion 701(f)(2) of title 10, as a duty assignment nongovernmental entities that would play a sector entities, including private sector enti- in support of a contingency operation. significant role in the response to the cata- ties that own or manage critical infrastruc- ‘‘(b) DEFINITIONS.—In this section: strophic incident; and ture; ‘‘(1) DISCHARGE.—The term ‘discharge’ has ‘‘(ix) the catastrophic incident plans set ‘‘(7) promoting the training and education the meaning given that term in section forth a clear command structure and alloca- of additional emergency planners; 1001(7) of the Oil Pollution Act of 1990 (33 tion of responsibilities consistent with the ‘‘(8) assisting the Administrator in the U.S.C. 2701(7)). National Response Framework and the Na- preparation of the catastrophic resource re- ‘‘(2) SPILL OF NATIONAL SIGNIFICANCE.—The tional Incident Management System. port required under section 652(b) of the term ‘spill of national significance’ means a ‘‘(c) REPORT.—Not later than 1 year after Post-Katrina Emergency Management Re- discharge of oil or a hazardous substance the date of enactment of the Clean Energy form Act of 2006 (6 U.S.C. 752(b)); that is declared by the Commandant to be a Jobs and Oil Company Accountability Act of ‘‘(9) assisting the President in ensuring spill of national significance.’’. 2010, and annually thereafter until December consistency and coordination across Federal (b) CLERICAL AMENDMENT.—The analysis 31, 2020, the President shall submit a report catastrophic incident plans; and for such chapter is amended by inserting to the appropriate committees of Congress ‘‘(10) otherwise assisting the President in after the item relating to section 425 the fol- that includes— implementing section 655 of the Post-Katrina lowing: ‘‘(1) a discussion of the status of cata- Emergency Management Reform Act of ‘‘426. Emergency leave retention authority.’’. strophic incident planning efforts required 2006.’’.

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(c) AUTHORIZATION OF APPROPRIATIONS.— TITLE VIII—SUBPOENA POWER FOR NA- (i) shall issue an order requiring the sub- There is authorized to be appropriated such TIONAL COMMISSION ON THE BP DEEP- poenaed person to appear at any designated sums as are necessary to carry out this sec- WATER HORIZON OIL SPILL AND OFF- place to testify or to produce documentary tion, for each of fiscal years 2011 through SHORE DRILLING or other evidence; and 2020. SEC. 801. SUBPOENA POWER FOR NATIONAL (ii) may punish any failure to obey the (d) TECHNICAL AND CONFORMING AMEND- COMMISSION ON THE BP DEEP- order as a contempt of that court. MENT.—The table of contents in section 1(b) WATER HORIZON OIL SPILL AND (2) JURISDICTION FOR ENFORCEMENT.—Any of the Homeland Security Act of 2002 (6 OFFSHORE DRILLING. United States district court for a judicial U.S.C. 101 et seq.) is amended by inserting (a) SUBPOENA POWER.—The National Com- district in which a person issued a subpoena after the item relating to section 524 the fol- mission on the BP Deepwater Horizon Oil under this section resides, is served, or may lowing: Spill and Offshore Drilling established by be found, or in which the subpoena is return- Executive Order No. 13543 of May 21, 2010 (re- able, shall have jurisdiction to enforce the ‘‘Sec. 525. Catastrophic incident planning.’’. ferred to in this section as the ‘‘Commis- subpoena as provided in paragraph (1). SEC. 702. ALIGNMENT OF RESPONSE FRAME- sion’’), may issue subpoenas to compel the TITLE IX—CORAL REEF CONSERVATION WORKS. attendance and testimony of witnesses and ACT AMENDMENTS the production of books, records, correspond- (a) DEFINITIONS.—In this section— SEC. 901. SHORT TITLE. ence, memoranda, and other documents. (1) the term ‘‘National Response Frame- This title may be cited as the ‘‘Coral Reef SSUANCE.— work’’ means the successor document to the (b) I Conservation Amendments Act of 2010’’. (1) AUTHORIZATION.—A subpoena may be National Response Plan issued in January SEC. 902. AMENDMENT OF CORAL REEF CON- issued under this section only by— 2008, or any other successor plan prepared SERVATION ACT OF 2000. (A) agreement of the Co-Chairs of the Com- under section 504(a)(6) of the Homeland Secu- Except as otherwise expressly provided, mission; or rity Act of 2002 (6 U.S.C. 314(a)(6)); whenever in this title an amendment or re- (B) the affirmative vote of a majority of (2) the term ‘‘National Contingency Plan’’ peal is expressed in terms of an amendment the members of the Commission. means the National Contingency Plan pre- to or repeal of a section or other provision, (2) JUSTICE DEPARTMENT COORDINATION.— pared under section 311(d) of the Federal the reference shall be considered to be made (A) NOTIFICATION.— Water Pollution Control Act (33 U.S.C. to a section or other provision of the Coral (i) IN GENERAL.—The Commission shall no- 1321(d)) or revised under section 105 of the Reef Conservation Act of 2000 (16 U.S.C. 6401 tify the Attorney General or designee of the Comprehensive Environmental Response, et seq.). intent of the Commission to issue a subpoena Compensation and Liability Act (42 U.S.C. SEC. 903. AGREEMENTS; REDESIGNATIONS. under this section, the identity of the wit- 9605); and The Act (16 U.S.C. 6401 et seq.) is amend- ness, and the nature of the testimony sought (3) the term ‘‘plans’’ means the National ed— before issuing such a subpoena. Response Framework, the National Contin- (1) by redesignating section 208 (16 U.S.C. (ii) FORM AND CONTENT.—The form and con- gency Plan, and any other plan the Sec- 6407) as section 213; tent of the notice shall be set forth in the retary of Homeland Security and the Admin- (2) by redesignating section 209 (16 U.S.C. guidelines to be issued under subparagraph istrator of the Environmental Protection 6408) as section 214; and (D). Agency jointly determine plays a significant (3) by redesignating section 210 (16 U.S.C. (B) CONDITIONS FOR OBJECTION TO role in guiding the response by the Federal 6409) as section 215. ISSUANCE.—The Commission may not issue a Government to the discharge of oil or other SEC. 904. EMERGENCY ASSISTANCE. subpoena under authority of this section if hazardous substances. Section 206 (16 U.S.C. 6405) is amended to the Attorney General objects to the issuance read as follows: (b) ALIGNMENT OF PLANS.—Not later than 1 of the subpoena on the basis that the taking ‘‘SEC. 206. EMERGENCY ASSISTANCE. year after the date of enactment of this Act, of the testimony is likely to interfere with ‘‘The Secretary, in cooperation with the the Secretary of Homeland Security (in co- any— Administrator of the Federal Emergency ordination with the Administrator of the (i) Federal or State criminal investigation Management Agency, as appropriate, may Federal Emergency Management Agency and or prosecution; or provide assistance to any State, local, or ter- the Commandant of the Coast Guard) and (ii) pending investigation under sections ritorial government agency with jurisdiction the Administrator of the Environmental 3729 through 3732 of title 31, United States over coral reef ecosystems to address any un- Protection Agency, in conjunction with the Code (commonly known as the ‘‘Civil False foreseen or disaster-related circumstance head of any other Federal agency determined Claims Act’’) or other Federal law providing pertaining to coral reef ecosystems.’’. appropriate by the President, shall review for civil remedies, or any civil litigation to the plans and submit to Congress a report re- SEC. 905. EMERGENCY RESPONSE, STABILIZA- which the United States or any Federal TION, AND RESTORATION. garding— agencies is or is likely to be a party. Section 207 (16 U.S.C. 6406) is amended to (1) the coordination and consistency be- (C) NOTIFICATION OF OBJECTION.—The Attor- read as follows: tween the plans, including with respect to— ney General or relevant United States Attor- ‘‘SEC. 207. EMERGENCY RESPONSE, STABILIZA- (A) unified command and reporting struc- ney shall notify the Commission of an objec- TION, AND RESTORATION. tures; tion raised under this paragraph without un- ‘‘(a) ESTABLISHMENT OF ACCOUNT.—The (B) relationships with State, local, and necessary delay and as set forth in the guide- Secretary shall establish an account (to be tribal governments; and lines to be issued under subparagraph (D). called the ‘Emergency Response, Stabiliza- (C) assignment of support responsibilities (D) GUIDELINES.—As soon as practicable, tion, and Restoration Account’) in the Dam- among Federal agencies; but no later than 30 days after the date of age Assessment Restoration Revolving Fund (2) lessons learned from an initial post-in- the enactment of this Act, the Attorney established by the Department of Commerce cident analysis of the implementation of the General, after consultation with the Com- Appropriations Act, 1991 (Public Law 101–515; plans during the response by the Federal mission, shall issue guidelines to carry out 33 U.S.C. 2706 note), for implementation of Government to the discharge of oil arising this subsection. this title for emergency actions. from the explosion on and sinking of the mo- (3) SIGNATURE AND SERVICE.—A subpoena ‘‘(b) DEPOSITS.— bile offshore drilling unit Deepwater Horizon; issued under this section may be— ‘‘(1) DEPOSITS.—There shall be deposited in (3) recommendations for modifications to (A) issued under the signature of either Co- the Emergency Response, Stabilization, and the plans to ensure coordination and, where Chair or any member designated by a major- Restoration Account amounts as follows: appropriate, consistency between the plans ity of the Commission; and ‘‘(A) Amounts appropriated for the Ac- and to maximize the purpose of each plan, (B) served by any person designated by the count. consistent with statutory authorities; Co-Chairs or a member designated by a ma- ‘‘(B) Amounts received by the United (4) planned actions to address any modi- jority of the Commission. States pursuant to this title. fications recommended under paragraph (3); (c) ENFORCEMENT.— ‘‘(C) Amounts otherwise authorized for de- and (1) REQUIRED PROCEDURES.— posit in the Account by this title. (5) how the plans will be integrated in the (A) IN GENERAL.—In the case of contumacy ‘‘(2) AVAILABILITY OF DEPOSITS.—Amounts event of a disaster occurring after the date of any person issued a subpoena under this deposited in the Account shall be available of the report involving a discharge of oil or section or refusal by the person to comply for use by the Secretary for emergency re- other hazardous material. with the subpoena, the Commission shall response, stabilization, and restoration activi- (c) SAVINGS CLAUSE.—Nothing in this sec- quest the Attorney General to seek enforce- ties under this title.’’. tion requires a modification to the National ment of the subpoena. SEC. 906. PROHIBITED ACTIVITIES. Contingency Plan or the National Response (B) ENFORCEMENT.—On such request, the (a) IN GENERAL.—The Act (16 U.S.C. 6401 et Framework or affects the authority of the Attorney General shall seek enforcement of seq.) is amended by inserting after section Administrator of the Environmental Protec- the subpoena in a court described in para- 207 the following: tion Agency or the Secretary of Homeland graph (2). ‘‘SEC. 208. PROHIBITED ACTIVITIES AND SCOPE Security to modify or carry out the National (C) ORDER.—The court in which the Attor- OF PROHIBITIONS. Contingency Plan or the National Response ney General seeks enforcement of the sub- ‘‘(a) PROVISIONS AS COMPLEMENTARY.—The Framework. poena— provisions of this section are in addition to,

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Noth- RESPONSE COSTS AND DAMAGES.— ‘‘(b) DESTRUCTION, LOSS, TAKING, OR IN- ing in this subsection shall be construed to ‘‘(1) COMMENCEMENT.—The Attorney Gen- JURY.— require the issuance of such regulations be- eral, upon the request of the Secretary, may ‘‘(1) IN GENERAL.—Except as provided in fore the exception provided by that section is commence a civil action against any person paragraph (2), it is unlawful for any person in effect. or vessel that may be liable under subsection to destroy, take, cause the loss of, or injure SEC. 907. DESTRUCTION OF CORAL REEFS. (a) of this section for response costs, seizure, any coral reef or any component thereof. The Act (16 U.S.C. 6401 et seq.) is amended forfeiture, storage, or disposal costs, and ‘‘(2) EXCEPTIONS.—The destruction, loss, by inserting after section 208, as added by damages, and interest on that amount cal- taking, or injury of a coral reef or any com- section 906 of this title, the following: culated in the manner described in section ponent thereof is not unlawful if it— 1005 of the Oil Pollution Act of 1990 (33 U.S.C. ‘‘SEC. 209. DESTRUCTION, LOSS, OR TAKING OF, 2705). The Secretary, acting as trustee for ‘‘(A) was caused by the use of fishing gear OR INJURY TO, CORAL REEFS. used in a manner permitted under the Mag- coral reefs for the United States, shall sub- ‘‘(a) LIABILITY.— nuson-Stevens Fishery Conservation and mit a request for such an action to the At- ‘‘(1) LIABILITY TO THE UNITED STATES.—Ex- Management Act (16 U.S.C. 1801 et seq.) or torney General whenever a person or vessel cept as provided in subsection (f), all persons other Federal or State law; may be liable for such costs or damages. who engage in an activity that is prohibited ‘‘(B) was caused by an activity that is au- ‘‘(2) VENUE IN CIVIL ACTIONS.—A civil action under subsections (b) or (d) of section 208, or thorized or allowed by Federal or State law under this title may be brought in the create an imminent risk thereof, are liable, (including lawful discharges from vessels, United States district court for any district jointly and severally, to the United States such as graywater, cooling water, engine ex- in which— for an amount equal to the sum of— haust, ballast water, or sewage from marine ‘‘(A) the defendant is located, resides, or is ‘‘(A) response costs and damages resulting sanitation devices), unless the destruction, doing business, in the case of an action from the destruction, loss, taking, or injury, loss, or injury resulted from actions such as against a person; or imminent risk thereof, including damages vessel groundings, vessel scrapings, anchor ‘‘(B) the vessel is located, in the case of an resulting from the response actions; damage, excavation not authorized by Fed- action against a vessel; ‘‘(B) costs of seizure, forfeiture, storage, eral or State permit, or other similar activi- ‘‘(C) the destruction, loss, or taking of, or and disposal arising from liability under this ties; injury to a coral reef, or component thereof, section; and ‘‘(C) was the necessary result of bona fide occurred or in which there is an imminent ‘‘(C) interest on that amount calculated in marine scientific research (including marine risk of such destruction, loss, or injury; or the manner described in section 1005 of the scientific research activities approved by ‘‘(D) where some or all of the coral reef or Oil Pollution Act of 1990 (33 U.S.C. 2705). Federal, State, or local permits), other than component thereof that is the subject of the ‘‘(2) LIABILITY IN REM.— excessive sampling or collecting, or actions action is not within the territory covered by ‘‘(A) IN GENERAL.—Any vessel used in an such as vessel groundings, vessel scrapings, any United States district court, such action activity that is prohibited under subsection anchor damage, excavation, or other similar may be brought either in the United States (b) or (d) of section 208, or creates an immi- activities; district court for the district closest to the nent risk thereof, shall be liable in rem to ‘‘(D)(i) was caused by a Federal Govern- location where the destruction, loss, injury, the United States for an amount equal to the ment agency during— or risk of injury occurred, or in the United sum of— ‘‘(I) an emergency that posed an unaccept- States District Court for the District of Co- ‘‘(i) response costs and damages resulting able threat to human health or safety or to lumbia. from such destruction, loss, or injury, or im- the marine environment; ‘‘(d) USE OF RECOVERED AMOUNTS.— minent risk thereof, including damages re- ‘‘(II) an emergency that posed a threat to ‘‘(1) IN GENERAL.—Any costs, including resulting from the response actions; national security; or sponse costs and damages recovered by the ‘‘(ii) costs of seizure, forfeiture, storage, ‘‘(III) an activity necessary for law en- Secretary under this section shall— and disposal arising from liability under this forcement or search and rescue; and ‘‘(A) be deposited into an account or ac- section; and ‘‘(ii) could not reasonably be avoided; or counts in the Damage Assessment Restora- ‘‘(iii) interest on that amount calculated in ‘‘(E) was caused by an action taken by the tion Revolving Fund established by the De- the manner described in section 1005 of the master of the vessel in an emergency situa- partment of Commerce Appropriations Act, Oil Pollution Act of 1990 (33 U.S.C. 2705). tion to ensure the safety of the vessel or to 1991 (33 U.S.C. 2706 note), or the Natural Re- ‘‘(B) MARITIME LIENS.—The amount of li- save a life at sea. source Damage Assessment and Restoration ability shall constitute a maritime lien on ‘‘(c) INTERFERENCE WITH ENFORCEMENT.—It Fund established by the Department of the is unlawful for any person to interfere with the vessel and may be recovered in an action Interior and Related Agencies Appropria- the enforcement of this title by— in rem in any district court of the United tions Act, 1992 (43 U.S.C. 1474b), as appro- ‘‘(1) refusing to permit any officer author- States that has jurisdiction over the vessel. priate given the location of the violation; ized to enforce this title to board a vessel ‘‘(3) DEFENSES.—A person or vessel is not ‘‘(B) be available for use by the Secretary (other than a vessel operated by the Depart- liable under this subsection if that person or without further appropriation and remain ment of Defense or United States Coast vessel establishes that the destruction, loss, available until expended; and Guard) subject to such person’s control for taking, or injury was caused solely by an act ‘‘(C) be for use, as the Secretary considers the purposes of conducting any search or in- of God, an act of war, or an act or omission appropriate— spection in connection with the enforcement of a third party (other than an employee or ‘‘(i) to reimburse the Secretary or any of this title; agent of the defendant or one whose act or other Federal or State agency that con- ‘‘(2) resisting, opposing, impeding, intimi- omission occurs in connection with a conducted activities under subsection (a) or (b) dating, harassing, bribing, interfering with, tractual relationship, existing directly or in- of this section for costs incurred in con- or forcibly assaulting any person authorized directly with the defendant), and the person ducting the activity; by the Secretary to implement this title or or master of the vessel acted with due care. ‘‘(ii) to be transferred to the Emergency any such authorized officer in the conduct of ‘‘(4) NO LIMIT TO LIABILITY.—Nothing in Response, Stabilization, and Restoration Ac- any search or inspection performed under chapter 305 or section 30706 of title 46, United count established under section 208(d) to re- this title; or States Code, shall limit liability to any per- imburse that account for amounts used for ‘‘(3) submitting false information to the son under this title. authorized emergency actions; and ‘‘(b) RESPONSE ACTIONS AND DAMAGE AS- Secretary or any officer authorized to en- ‘‘(iii) after reimbursement of such costs, to SESSMENT.— force this title in connection with any search restore, replace, or acquire the equivalent of ‘‘(1) RESPONSE ACTIONS.—The Secretary or inspection conducted under this title. any coral reefs, or components thereof, in- ‘‘(d) VIOLATIONS OF TITLE, PERMIT, OR REG- may undertake or authorize all necessary ac- cluding the reasonable costs of monitoring, ULATION.—It is unlawful for any person to tions to prevent or minimize the destruction, or to minimize or prevent threats of equiva- violate any provision of this title, any per- loss, or taking of, or injury to, coral reefs, or lent injury to, or destruction of coral reefs, mit issued pursuant to this title, or any reg- components thereof, or to minimize the risk or components thereof. ulation promulgated pursuant to this title. or imminent risk of such destruction, loss, ‘‘(2) RESTORATION CONSIDERATIONS.—In de- ‘‘(e) POSSESSION AND DISTRIBUTION.—It is or injury. velopment of restoration alternatives under unlawful for any person to possess, sell, de- ‘‘(2) DAMAGE ASSESSMENT.— paragraph (1)(C), the Secretary shall con- liver, carry, transport, or ship by any means ‘‘(A) IN GENERAL.—The Secretary shall as- sider State and territorial preferences and, if any coral taken in violation of this title.’’. sess damages to coral reefs and shall consult appropriate, shall prioritize restoration (b) EMERGENCY ACTION REGULATIONS.—The with State officials regarding response and projects with geographic and ecological link- Secretary of Commerce shall initiate a rule- damage assessment actions undertaken for ages to the injured resources. making proceeding to prescribe the cir- coral reefs within State waters. ‘‘(e) STATUTE OF LIMITATIONS.—An action cumstances and conditions under which the ‘‘(B) PROHIBITION ON DOUBLE RECOVERY.— for response costs or damages under sub- exception in section 208(b)(2)(E) of the Coral There shall be no double recovery under this section (c) shall be barred unless the com- Reef Conservation Act of 2000, as added by title for coral reef damages, including the plaint is filed not later than 3 years after the

VerDate Mar 15 2010 02:28 Jul 29, 2010 Jkt 089060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JY6.052 S28JYPT1 tjames on DSKG8SOYB1PROD with SENATE July 28, 2010 CONGRESSIONAL RECORD — SENATE S6419 date on which the Secretary completes a and, with respect to the violator, the degree est, attorney’s fees and costs for collection damage assessment and restoration plan for of culpability, and any history of prior viola- proceedings and a quarterly nonpayment the coral reefs, or components thereof, to tions, and such other matters as justice may penalty for each quarter during which such which the action relates. require. failure to pay persists. ‘‘(f) FEDERAL GOVERNMENT ACTIVITIES.—In ‘‘(D) CONSIDERATION OF ABILITY TO PAY.—In ‘‘(ii) AMOUNT OF NONPAYMENT PENALTY.— the event of threatened or actual destruction assessing such penalty, the Secretary may Such nonpayment penalty shall be in an of, loss of, or injury to a coral reef or compo- also consider information related to the abil- amount equal to 20 percent of the aggregate nent thereof resulting from an incident ity of the violator to pay. amount of such person’s penalties and non- caused by a component of any Department or ‘‘(2) PERMIT SANCTIONS.—For any person payment penalties that are unpaid as of the agency of the United States Government, the subject to the jurisdiction of the United beginning of such quarter. cognizant Department or agency shall sat- States who has been issued or has applied for ‘‘(7) COMPROMISE OR OTHER ACTION BY SEC- isfy its obligations under this section by a permit under this title, and who violates RETARY.—The Secretary may compromise, promptly, in coordination with the Sec- this title or any regulation or permit issued modify, or remit, with or without conditions, retary, taking appropriate actions to re- under this title, the Secretary may deny, any civil administrative penalty or permit spond to and mitigate the harm and restor- suspend, amend, or revoke in whole or in sanction which is or may be imposed under ing or replacing the coral reef or components part any such permit. For any person who this section and that has not been referred to thereof and reimbursing the Secretary for all has failed to pay or defaulted on a payment the Attorney General for further enforce- assessment costs.’’. agreement of any civil penalty or criminal ment action. SEC. 908. ENFORCEMENT. fine or liability assessed pursuant to any ‘‘(8) JURISDICTION.— The Act (16 U.S.C. 6401 et seq.) is amended natural resource law administered by the ‘‘(A) IN GENERAL.—The several district by inserting after section 209, as added by Secretary, the Secretary may deny, suspend, courts of the United States shall have juris- section 907 of this title, the following: amend or revoke in whole or in part any per- diction over any actions brought by the mit issued or applied for under this title. United States arising under this section. ‘‘SEC. 210. ENFORCEMENT. ‘‘(3) IMPOSITION OF CIVIL JUDICIAL PEN- ‘‘(B) AMERICAN SAMOA.—For the purpose of ‘‘(a) IN GENERAL.—The Secretary shall con- ALTIES.— this section, American Samoa shall be in- duct enforcement activities to carry out this ‘‘(A) IN GENERAL.—Any person who violates cluded within the judicial district of the Dis- title. any provision of this title, any regulation trict Court of the United States for the Dis- ‘‘(b) POWERS OF AUTHORIZED OFFICERS.— promulgated or permit issued thereunder, trict of Hawaii. ‘‘(1) IN GENERAL.—Any person who is au- shall be subject to a civil judicial penalty ‘‘(C) TREATMENT OF VIOLATIONS.—Each vio- thorized to enforce this title may— not to exceed $250,000 for each such violation. lation shall be a separate offense and the of- ‘‘(A) board, search, inspect, and seize any ‘‘(B) CONTINUING VIOLATIONS.—Each day of fense shall be deemed to have been com- vessel or other conveyance suspected of a continuing violation shall constitute a sep- mitted not only in the district where the vio- being used to violate this title, any regula- arate violation. lation first occurred, but also in any other tion promulgated under this title, or any ‘‘(C) CIVIL ACTIONS.—The Attorney General, district as authorized by law. permit issued under this title, and any equip- upon the request of the Secretary, may com- ‘‘(d) FORFEITURE.— ment, stores, and cargo of such vessel, except mence a civil action in an appropriate dis- ‘‘(1) CRIMINAL FORFEITURE.— that such authority shall not exist with re- trict court of the United States, and such ‘‘(A) IN GENERAL.—A person who is con- spect to vessels owned or time chartered by court shall have jurisdiction to award civil victed of an offense in violation of this title a uniformed service (as defined in section 101 penalties and such other relief as justice shall forfeit to the United States— of title 10, United States Code) as warships may require. ‘‘(i) any property, real or personal, consti- or naval auxiliaries; ‘‘(D) AMOUNTS OF CIVIL PENALTIES.—In de- tuting or traceable to the gross proceeds ‘‘(B) seize wherever found any component termining the amount of a civil penalty, the taken, obtained, or retained, in connection of coral reef taken or retained in violation of court shall take into account the nature, cir- with or as a result of the offense, including, this title, any regulation promulgated under cumstances, extent, and gravity of the pro- without limitation, any coral reef or coral this title, or any permit issued under this hibited acts committed and, with respect to reef component (or the fair market value title; the violator, the degree of culpability, any thereof); and ‘‘(C) seize any evidence of a violation of history of prior violations, and such other ‘‘(ii) any property, real or personal, used or this title, any regulation promulgated under matters as justice may require. intended to be used, in any manner, to com- this title, or any permit issued under this ‘‘(E) CONSIDERATION OF ABILITY TO PAY.—In mit or facilitate the commission of the of- title; imposing such penalty, the district court fense, including, without limitation, any ves- ‘‘(D) execute any warrant or other process may also consider information related to the sel (including the vessel’s equipment, stores, issued by any court of competent jurisdic- ability of the violator to pay. catch and cargo), vehicle, aircraft, or other tion; ‘‘(4) NOTICE.—No penalty or permit sanc- means of transportation. ‘‘(E) exercise any other lawful authority; tion shall be assessed under this subsection ‘‘(B) APPLICATION OF CERTAIN PROVISIONS OF and until after the person charged has been given CONTROLLED SUBSTANCES ACT.—Pursuant to ‘‘(F) arrest any person, if there is reason- notice and an opportunity for a hearing. section 2461(c) of title 28, United States Code, able cause to believe that such person has ‘‘(5) IN REM JURISDICTION.—A vessel used in the provisions of section 413 of the Con- committed an act prohibited by section 208. violating this title, any regulation promul- trolled Substances Act (21 U.S.C. 853) other ‘‘(2) NAVAL AUXILIARY DEFINED.—In this gated under this title, or any permit issued than subsection (d) thereof shall apply to subsection, the term ‘naval auxiliary’ means under this title, shall be liable in rem for criminal forfeitures under this section. a vessel, other than a warship, that is owned any civil penalty assessed for such violation. ‘‘(2) CIVIL FORFEITURE.—The property set by or under the exclusive control of a uni- Such penalty shall constitute a maritime forth below shall be subject to forfeiture to formed service and used at the time of the lien on the vessel and may be recovered in an the United States in accordance with the destruction, take, loss, or injury for govern- action in rem in the district court of the provisions of chapter 46 of title 18, United ment, non-commercial service, including United States having jurisdiction over the States Code, and no property right shall combat logistics force vessels, pre-positioned vessel. exist in it: vessels, special mission vessels, or vessels ex- ‘‘(6) COLLECTION OF PENALTIES.— ‘‘(A) Any property, real or personal, consti- clusively used to transport military supplies ‘‘(A) IN GENERAL.—If any person fails to tuting or traceable to the gross proceeds and materials. pay an assessment of a civil penalty under taken, obtained, or retained, in connection ‘‘(c) CIVIL ENFORCEMENT AND PERMIT SANC- this section after it has become a final and with or as a result of a violation of this title, TIONS.— unappealable order, or after the appropriate including, without limitation, any coral reef ‘‘(1) CIVIL ADMINISTRATIVE PENALTY.— court has entered final judgment in favor of or coral reef component (or the fair market ‘‘(A) IN GENERAL.—Any person subject to the Secretary, the Secretary shall refer the value thereof). the jurisdiction of the United States who matter to the Attorney General, who shall ‘‘(B) Any property, real or personal, used violates this title or any regulation promul- recover the amount assessed in any appro- or intended to be used, in any manner, to gated or permit issued hereunder, shall be priate district court of the United States commit or facilitate the commission of a liable to the United States for a civil admin- (plus interest at current prevailing rates violation of this title, including, without istrative penalty of not more than $200,000 from the date of the final order). limitation, any vessel (including the vessel’s for each such violation, to be assessed by the ‘‘(B) NOT SUBJECT TO REVIEW.—In such ac- equipment, stores, catch and cargo), vehicle, Secretary. tion, the validity and appropriateness of the aircraft, or other means of transportation. ‘‘(B) CONTINUING VIOLATIONS.—Each day of final order imposing the civil penalty shall ‘‘(3) APPLICATION OF CUSTOMS LAWS.— a continuing violation shall constitute a sep- not be subject to review. ‘‘(A) IN GENERAL.—All provisions of law re- arate violation. ‘‘(C) ATTORNEY’S FEES, COSTS, AND NON- lating to seizure, summary judgment, and ju- ‘‘(C) DETERMINATION OF AMOUNT.—In deter- PAYMENT PENALTY.— dicial forfeiture and condemnation for viola- mining the amount of civil administrative ‘‘(i) IN GENERAL.—Any person who fails to tion of the customs laws, the disposition of penalty, the Secretary shall take into ac- pay, on a timely basis, the amount of an as- the property forfeited or condemned or the count the nature, circumstances, extent, and sessment of a civil penalty shall be required proceeds from the sale thereof, the remission gravity of the prohibited acts committed to pay, in addition to such amount and inter- or mitigation of such forfeitures, and the

VerDate Mar 15 2010 02:28 Jul 29, 2010 Jkt 089060 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JY6.053 S28JYPT1 tjames on DSKG8SOYB1PROD with SENATE S6420 CONGRESSIONAL RECORD — SENATE July 28, 2010 compromise of claims shall apply to seizures of property, for a violation of this title or interest and the equities of the case may re- and forfeitures incurred, or alleged to have any regulation promulgated under this title. quire. been incurred, under the provisions of this ‘‘(g) CRIMINAL ENFORCEMENT.— ‘‘(2) INJUNCTIVE RELIEF BY ATTORNEY GEN- title, insofar as applicable and not incon- ‘‘(1) INTERFERENCE WITH ENFORCEMENT.— ERAL.—Upon the request of the Secretary, sistent with the provisions hereof. Any person (other than a foreign government the Attorney General may seek to enjoin ‘‘(B) AUTHORITY FOR ACTIONS BY SEC- or any entity of such government) who any person who is alleged to be in violation RETARY.—For seizures and forfeitures of knowingly commits any act prohibited by of any provision of this title, or any regula- property under this section by the Secretary, section 208(c) of this title shall be impris- tion or permit issued under this title, and such duties as are imposed upon the customs oned for not more than 5 years and shall be the district courts shall have jurisdiction to officer or any other person with respect to fined not more than $500,000 for individuals grant such relief. the seizure and forfeiture of property under or $1,000,000 for an organization; except that ‘‘(k) AREA OF APPLICATION AND ENFORCE- the customs law may be performed by such if in the commission of any such offense the ABILITY.—The area of application and en- officers as are designated by the Secretary individual uses a dangerous weapon, engages forceability of this title includes the inter- or, upon request of the Secretary, by any in conduct that causes bodily injury to any nal waters of the United States, the terri- other agency that has authority to manage officer authorized to enforce the provisions torial sea of the United States, as described and dispose of seized property. of this title, or places any such officer in fear in Presidential Proclamation 5928 of Decem- ‘‘(4) PRESUMPTION.—For the purposes of of imminent bodily injury, the maximum ber 27, 1988, the Exclusive Economic Zone of this section there is a rebuttable presump- term of imprisonment is not more than 10 the United States as described in Presi- tion that all coral reefs, or components years. dential Proclamation 5030 of March 10, 1983, thereof, found on board a vessel that is used ‘‘(2) OTHER KNOWING VIOLATIONS .—Any per- and the continental shelf, consistent with or seized in connection with a violation of son (other than a foreign government or any international law. entity of such government) who knowingly this title or of any regulation promulgated ‘‘(l) NATIONWIDE SERVICE OF PROCESS.—In under this title were taken, obtained, or re- violates subsection (b), (d), or (e) of section any action by the United States under this tained in violation of this title or of a regu- 208 shall be fined under title 18, United title, process may be served in any district lation promulgated under this title. States Code, or imprisoned not more than 5 where the defendant is found, resides, trans- ‘‘(e) PAYMENT OF STORAGE, CARE, AND years or both. acts business, or has appointed an agent for OTHER COSTS.—Any person assessed a civil ‘‘(3) OTHER UNKNOWING VIOLATIONS.—Any the service of process, and for civil cases penalty for a violation of this title or of any person (other than a foreign government or may also be served in a place not within the regulation promulgated under this title and any entity of such government) who violates United States in accordance with rule 4 of any claimant in a forfeiture action brought subsection (b), (d), or (e) of section 208, and the Federal Rules of Civil Procedure. who, in the exercise of due care should know for such a violation, shall be liable for the ‘‘(m) VENUE IN CIVIL ACTIONS.—A civil ac- that such person’s conduct violates sub- reasonable costs incurred by the Secretary tion under this title may be brought in the section (b), (d), or (e) of section 208, shall be in storage, care, and maintenance of any United States district court for any district fined under title 18, United States Code, or property seized in connection with the viola- in which— imprisoned not more than 1 year, or both. tion. ‘‘(1) the defendant is located, resides, or is ‘‘(4) JURISDICTION.— ‘‘(f) EXPENDITURES.— doing business, in the case of an action ‘‘(A) IN GENERAL.—The several district ‘‘(1) DEPOSIT AND AVAILABILITY.—Notwith- against a person; courts of the United States shall have juris- standing section 3302 of title 31, United ‘‘(2) the vessel is located, in the case of an diction over any actions brought by the States Code, or section 311 of the Magnuson- action against a vessel; United States arising under this subsection. Stevens Fishery Conservation and Manage- ‘‘(3) the destruction of, loss of, or injury to ‘‘(B) AMERICAN SAMOA.—For the purpose of ment Act (16 U.S.C. 1861), amounts received a coral reef, or component thereof, occurred this subsection, American Samoa shall be in- by the United States as civil penalties under or in which there is an imminent risk of such cluded within the judicial district of the Dis- subsection (c) of this section, forfeitures of destruction, loss, or injury; or trict Court of the United States for the Dis- property under subsection (d) of this section, ‘‘(4) where some or all of the coral reef or trict of Hawaii. and costs imposed under subsection (e) of component thereof that is the subject of the ‘‘(C) TREATMENT OF VIOLATIONS.—Each vio- this section, shall— action is not within the territory covered by lation shall be a separate offense and the of- ‘‘(A) be placed into an account; any United States district court, such action fense shall be deemed to have been com- ‘‘(B) be available for use by the Secretary may be brought either in the United States mitted not only in the district where the vio- without further appropriation; and district court for the district closest to the lation first occurred, but also in any other ‘‘(C) remain available until expended. location where the destruction, loss, injury, district as authorized by law. Any offenses ‘‘(2) USE OF FORFEITURES AND COSTS.— or risk of injury occurred, or in the United not committed in any district are subject to Amounts received under this section for for- States District Court for the District of Co- the venue provisions of section 3238 of title feitures under subsection (d) and costs im- lumbia. posed under subsection (e) shall be used to 18, United States Code. ‘‘(h) SUBPOENAS.—In the case of any inves- ‘‘(n) UNIFORMED SERVICE OFFICERS AND EM- pay the reasonable and necessary costs in- tigation or hearing under this section or any PLOYEES.—No officer or employee of a uni- curred by the Secretary to provide tem- other natural resource statute administered formed service (as defined in section 101 of porary storage, care, maintenance, and dis- by the Under Secretary for Oceans and At- title 10, United States Code) shall be held lia- posal of any property seized in connection mosphere which is determined on the record ble under this section, either in such officer’s with a violation of this title or any regula- in accordance with the procedures provided or employee’s personal or official capacity, tion promulgated under this title. for under section 554 of title 5, United States for any violation of section 208 occurring ‘‘(3) USE OF CIVIL PENALTIES.—Amounts re- Code, the Secretary may issue subpoenas for during the performance of the officer’s or ceived under this section as civil penalties the attendance and testimony of witnesses employee’s official governmental duties. under subsection (c) of this section and any and the production of relevant papers, books, ‘‘(o) CONTRACT EMPLOYEES.—No contract amounts remaining after the operation of electronic files, and documents, and may ad- employee of a uniformed service (as so de- paragraph (2) of this subsection shall— minister oaths. fined), serving as vessel master or crew ‘‘(A) be used to stabilize, restore, or other- ‘‘(i) COAST GUARD AUTHORITY NOT LIM- member, shall be liable under this section wise manage the coral reef with respect to ITED.—Nothing in this section shall be con- for any violation of section 208 if that con- which the violation occurred that resulted in sidered to limit the authority of the Coast tract employee— the penalty or forfeiture; Guard to enforce this or any other Federal ‘‘(1) is acting as a contract employee of a ‘‘(B) be transferred to the Emergency Re- law under section 89 of title 14, United States uniformed service under the terms of an op- sponse, Stabilization, and Restoration Ac- Code. erating contract for a vessel owned by a uni- count established under section 207(a) or an ‘‘(j) INJUNCTIVE RELIEF.— formed service, or a time charter for pre-po- account described in section 209(d)(1), to re- ‘‘(1) INJUNCTIVE RELIEF BY SECRETARY.— sitioned vessels, special mission vessels, or imburse such account for amounts used for ‘‘(A) IN GENERAL.—If the Secretary deter- vessels exclusively transporting military authorized emergency actions; mines that there is an imminent risk of de- supplies and materials; and ‘‘(C) be used to conduct monitoring and en- struction or loss of or injury to a coral reef, ‘‘(2) is engaged in an action or actions over forcement activities; or that there has been actual destruction or which such employee has been given no dis- ‘‘(D) be used to conduct research on tech- loss of, or injury to, a coral reef which may cretion (e.g., anchoring or mooring at one or niques to stabilize and restore coral reefs; give rise to liability under section 209 of this more designated anchorages or buoys, or exe- ‘‘(E) be used to conduct activities that pre- title, the Attorney General, upon request of cuting specific operational elements of a spe- vent or reduce the likelihood of future dam- the Secretary, shall seek to obtain such re- cial mission activity), as determined by the age to coral reefs; lief as may be necessary to abate such risk uniformed service controlling the contract.’’. ‘‘(F) be used to stabilize, restore or other- or actual destruction, loss, or injury, or to wise manage any other coral reef; or restore or replace the coral reef, or both. SEC. 909. REGULATIONS. ‘‘(G) be used to pay a reward to any person ‘‘(B) JURISDICTION.—The district courts of The Act (16 U.S.C. 6401 et seq.) is amended who furnishes information leading to an as- the Unites States shall have jurisdiction in by inserting after section 210, as added by sessment of a civil penalty, or to a forfeiture such a case to order such relief as the public section 908 of this title, the following:

VerDate Mar 15 2010 02:28 Jul 29, 2010 Jkt 089060 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JY6.053 S28JYPT1 tjames on DSKG8SOYB1PROD with SENATE July 28, 2010 CONGRESSIONAL RECORD — SENATE S6421 ‘‘SEC. 211. REGULATIONS. means units that dispense at least 85 percent (ii) $16,000 for each qualified alternative ‘‘(a) IN GENERAL.—The Secretary may issue by volume of natural gas, compressed nat- fuel vehicle with a gross vehicle weight rat- such regulations as are necessary and appro- ural gas, or liquefied natural gas as a trans- ing of more than 8,500 but not more than priate to carry out the purposes of this title. portation fuel. 14,000 pounds; ‘‘(b) APPLICATION IN ACCORDANCE WITH (5) QUALIFIED ALTERNATIVE FUEL VEHICLE.— (iii) $40,000 for each qualified alternative INTERNATIONAL LAW.—This title and any reg- The term ‘‘qualified alternative fuel vehicle’’ fuel vehicle with a gross vehicle weight rat- ulations promulgated under this title shall means a vehicle manufactured for use in the ing of more than 14,000 but not more than be applied in accordance with international United States that is— 26,000 pounds; and law. (A) a new compressed natural gas- or lique- (iv) $64,000 for each qualified alternative ‘‘(c) LIMITATIONS WITH RESPECT TO CITIZEN- fied natural gas-fueled vehicle that is only fuel vehicle with a gross vehicle weight rat- SHIP STATUS.—No restrictions shall apply to capable of operating on natural gas; ing of more than 26,000 pounds. or be enforced against a person who is not a (B) a vehicle that is capable of operating (B) MIXED–FUEL VEHICLES.—The maximum citizen, national, or resident alien of the for more than 175 miles on 1 fueling of com- value of a rebate under this section provided United States (including foreign flag vessels) pressed or liquefied natural gas and is capa- to a qualified owner who places a qualified unless in accordance with international ble of operating on gasoline or diesel fuel, in- alternative fuel vehicle that is a mixed-fuel law.’’. cluding vehicles with a gross vehicle weight vehicle into service by 2015 shall be 75 per- SEC. 910. JUDICIAL REVIEW. rating of 14,000 pounds or less. cent of the amount provided for rebates The Act (16 U.S.C. 6401 et seq.) is amended (6) QUALIFIED MANUFACTURER.—The term under this section for vehicles that are only by inserting after section 211, as added by ‘‘qualified manufacturer’’ means a manufac- capable of operating on natural gas. section 909 of this title, the following: turer of qualified alternative fuel vehicles or (C) BI-FUEL VEHICLES.—The maximum any component designed specifically for use value of a rebate under this section provided ‘‘SEC. 212. JUDICIAL REVIEW. in a qualified alternative fuel vehicle. to a qualified owner of a vehicle described in ‘‘(a) IN GENERAL.—Chapter 7 of title 5, (7) QUALIFIED OWNER.—The term ‘‘qualified section 2001(5)(B) shall be 50 percent of the United States Code, is not applicable to any owner’’ means an individual that purchases a amount provided for rebates under this sec- action taken by the Secretary under this qualified alternative fuel vehicle for use or tion for vehicles that are only capable of op- title, except that— lease in the United States but not for resale. erating on natural gas. ‘‘(1) review of any final agency action of (8) QUALIFIED REFUELER.—The term ‘‘quali- (c) TREATMENT OF REBATES.—For purposes the Secretary taken pursuant to sections fied refueler’’ means the owner or operator of of the Internal Revenue Code of 1986, rebates 210(c)(1) and 210(c)(2) may be had only by the natural gas refueling property. received for qualified alternative fuel vehi- filing of a complaint by an interested person (9) SECRETARY.—The term ‘‘Secretary’’ cles under this section— in the United States District Court for the means the Secretary of Energy. (1) shall not be considered taxable income appropriate district; any such complaint SEC. 2002. PROGRAM ESTABLISHMENT. to a qualified owner; must be filed within 30 days of the date such (a) IN GENERAL.—There is established with- (2) shall prohibit the qualified owner from final agency action is taken; and in the Department a Natural Gas Vehicle applying for any tax credit allowed under ‘‘(2) review of any final agency action of and Infrastructure Development Program for that Code for the same qualified alternative the Secretary taken pursuant to other provi- the purpose of facilitating the use of natural fuel vehicle; and sions of this title may be had by the filing of gas in the United States as an alternative (3) shall be considered a credit described in a petition for review by an interested person transportation fuel, in order to achieve the paragraph (2) for purposes of any limitation in the Circuit Court of Appeals of the United maximum feasible reduction in domestic oil on the amount of the credit. States for the federal judicial district in use. (d) FUNDING.— which such person resides or transact busi- (b) CONVERSION OR REPOWERING OF VEHI- (1) IN GENERAL.—On October 1, 2010, out of ness which is directly affected by the action CLES.—The Secretary shall establish a rebate any funds in the Treasury not otherwise ap- taken; such petition shall be filed within 120 program under this title for qualified owners propriated, the Secretary of the Treasury days from the date such final agency action who convert or repower a conventionally shall transfer to the Secretary to carry out is taken. fueled vehicle to operate on compressed nat- this section $3,800,000,000, to remain avail- ‘‘(b) NO REVIEW IN ENFORCEMENT PRO- ural gas or liquefied natural gas, or to a able until expended. CEEDINGS.—Final agency action with respect mixed-fuel vehicle or a bi-fuel vehicle. (2) RECEIPT AND ACCEPTANCE.—The Sec- to which review could have been obtained SEC. 2003. REBATES. retary shall be entitled to receive, shall ac- under subsection (a)(2) shall not be subject (a) INTERIM FINAL RULE.— cept, and shall use to carry out this section to judicial review in any civil or criminal (1) IN GENERAL.—Not later than 60 days the funds transferred under paragraph (1), proceeding for enforcement. after the date of enactment of this Act, the without further appropriation. ‘‘(c) COST OF LITIGATION.—In any judicial Secretary shall promulgate an interim final SEC. 2004. INFRASTRUCTURE AND DEVELOP- proceeding under subsection (a), the court rule establishing regulations that the Sec- MENT GRANTS. may award costs of litigation (including rea- retary considers necessary to administer the (a) INTERIM FINAL RULE.—Not later than 60 sonable attorney and expert witness fees) to rebates required under this section. days after the date of enactment of this Act, any prevailing party whenever it determines (2) ADMINISTRATION.—The interim final the Secretary shall promulgate an interim that such award is appropriate.’’. rule shall establish a program that pro- final rule establishing an infrastructure de- vides— ployment program and a manufacturing de- DIVISION B—REDUCING OIL CONSUMP- velopment program, and any implementing TION AND IMPROVING ENERGY SECU- (A) rebates to qualified owners for the purchase of qualified alternative fuel vehicles; regulations that the Secretary considers nec- RITY essary, to achieve the maximum practicable and cost-effective program to provide grants TITLE XX—NATURAL GAS VEHICLE AND (B) priority to those vehicles that the Sec- under this section. INFRASTRUCTURE DEVELOPMENT retary determines are most likely to achieve (b) GRANTS.—The Secretary shall provide— SEC. 2001. DEFINITIONS. the shortest payback time on investment (1) grants of up to $50,000 per unit to quali- In this title: and the greatest market penetration for nat- fied refuelers for the installation of natural (1) DEPARTMENT.—The term ‘‘Department’’ ural gas vehicles. gas refueling property placed in service be- means the Department of Energy. (3) ALLOCATION.—Of the amount allocated tween 2011 and 2015; and (2) INCREMENTAL COST.—The term ‘‘incre- for rebates under this section, not more than (2) grants in amounts determined to be ap- mental cost’’ means the difference between— 25 percent shall be used to provide rebates to propriate by the Secretary to qualified man- (A) the suggested retail price of a manufac- qualified owners for the purchase of qualified ufacturers for research, development, and turer for a qualified alternative fuel vehicle; alternative fuel vehicles that have a gross demonstration projects on engines with re- and vehicle rating of not more than 8,500 pounds. duced emissions, improved performance, and (B) the suggested retail price of a manufac- (b) REBATES.— lower cost. turer for a vehicle that is— (1) IN GENERAL.—Subject to paragraph (2), (c) COST SHARING.—Grants under this sec- (i) powered solely by a gasoline or diesel the Secretary shall provide rebates for 90 tion shall be subject to the cost-sharing re- internal combustion engine; and percent of the incremental cost of a qualified quirements of section 988 of the Energy Pol- (ii) comparable in weight, size, and use to alternative fuel vehicle to a qualified owner icy Act of 2005 (42 U.S.C. 16352). the vehicle. for the purchase of a qualified alternative (d) MONITORING.—The Secretary shall— (3) MIXED-FUEL VEHICLE.—The term fuel vehicles. (1) require regular reporting of such infor- ‘‘mixed-fuel vehicle’’ means a mixed-fuel ve- (2) MAXIMUM VALUES.— mation as the Secretary considers necessary hicle (as defined in section 30B(e)(5)(B) of the (A) NATURAL GAS VEHICLES.—The maximum to effectively administer the program from Internal Revenue Code of 1986) (including ve- value of a rebate under this section provided grant recipients under this section; and hicles with a gross vehicle weight rating of to a qualified owner who places a qualified (2) conduct on-site and off-site monitoring 14,000 pounds or less) that uses a fuel mix alternative fuel vehicle into service by 2013 to ensure compliance with grant terms. that is comprised of at least 75 percent com- shall be— (e) FUNDING.— pressed natural gas or liquefied natural gas. (i) $8,000 for each qualified alternative fuel (1) IN GENERAL.—On October 1, 2010, out of (4) NATURAL GAS REFUELING PROPERTY.— vehicle with a gross vehicle weight rating of any funds in the Treasury not otherwise ap- The term ‘‘natural gas refueling property’’ not more than 8,500 pounds; propriated, the Secretary of the Treasury

VerDate Mar 15 2010 02:28 Jul 29, 2010 Jkt 089060 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JY6.053 S28JYPT1 tjames on DSKG8SOYB1PROD with SENATE S6422 CONGRESSIONAL RECORD — SENATE July 28, 2010 shall transfer to the Secretary to carry out term in section 131(a)(5) of the Energy Inde- (6) establish the targeted plug-in electric this section $500,000,000, to remain available pendence and Security Act of 2007 (42 U.S.C. drive vehicle deployment communities pro- until expended. 17011(a)(5)). gram under section 2116; and (2) RECEIPT AND ACCEPTANCE.—The Sec- (B) INCLUSIONS.—The term ‘‘plug-in elec- (7) in conjunction with the Task Force, retary shall be entitled to receive, shall ac- tric drive vehicle’’ includes— make recommendations to Congress and the cept, and shall use to carry out this section (i) low speed plug-in electric drive vehicles President on methods to reduce the barriers the funds transferred under paragraph (1), that meet the Federal Motor Vehicle Safety to plug-in electric drive vehicle deployment. without further appropriation. Standards described in section 571.500 of title (d) REPORT.—Not later than 18 months SEC. 2005. LOAN PROGRAM TO ENHANCE DOMES- 49, Code of Federal Regulations (or successor after the date of enactment of this Act and TIC MANUFACTURING. regulations); and biennially thereafter, the Secretary shall (a) INTERIM FINAL RULE.—Not later than 60 (ii) any other electric drive motor vehicle submit to the appropriate committees of days after the date of enactment of this Act, that can be recharged from an external Congress a report on the progress made in the Secretary shall promulgate an interim source of motive power and that is author- implementing the national program de- final rule establishing a direct loan program ized to travel on the Federal-aid system of scribed in subsection (a) that includes— to provide loans to qualified manufacturers highways. (1) a description of the progress made by— to pay not more than 80 percent of the cost (8) PRIZE.—The term ‘‘Prize’’ means the (A) the technical assistance program under of reequipping, expanding, or establishing a Advanced Batteries for Tomorrow Prize es- section 2113; and facility in the United States that will be tablished by section 2122. (B) the workforce training program under used for the purpose of producing any new (9) SECRETARY.—The term ‘‘Secretary’’ section 2114; and qualified alternative fuel motor vehicle or means the Secretary of Energy. (2) any updated recommendations of the any eligible component. (10) TASK FORCE.—The term ‘‘Task Force’’ Secretary for changes in Federal programs (b) OVERALL COMMITMENT LIMIT.—Commit- means the Plug-in Electric Drive Vehicle to promote the purposes of this subtitle. ments for direct loans under this section Interagency Task Force established by sec- (e) NATIONAL INFORMATION CLEARING- shall not exceed $2,000,000,000 in total loan tion 2135. HOUSE.—The Secretary shall make available principal. Subtitle A—National Plug-in Electric Drive to the public, in a timely manner, informa- (c) COST OF DIRECT LOANS.—The cost of di- Vehicle Deployment Program. tion regarding— rect loans under this section (including the SEC. 2111. NATIONAL PLUG-IN ELECTRIC DRIVE (1) the cost, performance, usage data, and cost of modifying the loans) shall be deter- VEHICLE DEPLOYMENT PROGRAM. technical data regarding plug-in electric mined in accordance with section 502 of the (a) IN GENERAL.—There is established with- drive vehicles and associated infrastructure, Federal Credit Reform Act of 1990 (2 U.S.C. in the Department of Energy a national including information from the deployment 661a). plug-in electric drive vehicle deployment communities established under section 2116; (d) ADDITIONAL FINANCIAL AND TECHNICAL program for the purpose of assisting in the and PERSONNEL.—Section 621(d) of the Depart- deployment of plug-in electric drive vehicles. ment of Energy Organization Act (42 U.S.C. (b) GOALS.—The goals of the national pro- (2) any other educational information that 7231(d)) is amended by striking ‘‘two hun- gram described in subsection (a) include— the Secretary determines to be appropriate. dred’’ and inserting ‘‘250’’. (1) the reduction and displacement of pe- (f) AUTHORIZATION OF APPROPRIATIONS.— (e) FUNDING.— troleum use by accelerating the deployment There is authorized to be appropriated to (1) IN GENERAL.—Notwithstanding any of plug-in electric drive vehicles in the carry out sections 2111 through 2113 other provision of law, on October 1, 2010, out United States; $100,000,000 for the period of fiscal years 2011 of any funds in the Treasury not otherwise (2) the reduction of greenhouse gas emis- through 2016. appropriated, the Secretary of the Treasury sions by accelerating the deployment of SEC. 2112. NATIONAL ASSESSMENT AND PLAN. shall transfer to the Secretary for the cost of plug-in electric drive vehicles in the United (a) IN GENERAL.—Not later than 2 years States; loans to carry out this section $200,000,000, to after the date of enactment of this Act, the (3) the facilitation of the rapid deployment remain available until expended. Secretary shall carry out a national assess- of plug-in electric drive vehicles; (2) RECEIPT AND ACCEPTANCE.—The Sec- ment and develop a national plan for plug-in (4) the achievement of significant market retary shall be entitled to receive, shall ac- electric drive vehicle deployment that in- cept, and shall use to carry out this section penetrations by plug-in electric drive vehicles nationally; cludes— the funds transferred under paragraph (1), (1) an assessment of the maximum feasible without further appropriation. (5) the establishment of models for the rapid deployment of plug-in electric drive ve- deployment of plug-in electric drive vehicles TITLE XXI—PROMOTING ELECTRIC hicles nationally, including models for the by 2020 and 2030; VEHICLES deployment of residential, private, and pub- (2) the establishment of national goals for SEC. 2101. SHORT TITLE. licly available charging infrastructure; market penetration of plug-in electric drive This title may be cited as the ‘‘Promoting (6) the increase of consumer knowledge and vehicles by 2020 and 2030; Electric Vehicles Act of 2010’’. acceptance of plug-in electric drive vehicles; (3) a plan for integrating the successes and SEC. 2102. DEFINITIONS. (7) the encouragement of the innovation barriers to deployment identified by the de- In this title: and investment necessary to achieve mass ployment communities program established (1) AGENCY.—The term ‘‘agency’’ has the market deployment of plug-in electric drive under section 2116 to prepare communities meaning given the term ‘‘Executive agency’’ vehicles; across the Nation for the rapid deployment in section 105 of title 5, United States Code. (8) the facilitation of the integration of of plug-in electric drive vehicles; (2) CHARGING INFRASTRUCTURE.—The term plug-in electric drive vehicles into elec- (4) a plan for providing technical assist- ‘‘charging infrastructure’’ means any prop- tricity distribution systems and the larger ance to communities across the United erty (not including a building) if the prop- electric grid while maintaining grid system States to prepare for plug-in electric drive erty is used for the recharging of plug-in performance and reliability; vehicle deployment; electric drive vehicles, including electrical (9) the provision of technical assistance to (5) a plan for quantifying the reduction in panel upgrades, wiring, conduit, trenching, communities across the United States to petroleum consumption and the net impact pedestals, and related equipment. prepare for plug-in electric drive vehicles; on greenhouse gas emissions due to the de- (3) COMMITTEE.—The term ‘‘Committee’’ and ployment of plug-in electric drive vehicles; means the Plug-in Electric Drive Vehicle (10) the support of workforce training and Technical Advisory Committee established across the United States relating to plug-in (6) in consultation with the Task Force, by section 2134. electric drive vehicles. any recommendations to the President and (4) DEPLOYMENT COMMUNITY.—The term (c) DUTIES.—In carrying out this subtitle, to Congress for changes in Federal programs ‘‘deployment community’’ means a commu- the Secretary shall— (including laws, regulations, and guide- nity selected by the Secretary to be part of (1) provide technical assistance to State, lines)— the targeted plug-in electric drive vehicles local, and tribal governments that want to (A) to better promote the deployment of deployment communities program under sec- create deployment programs for plug-in elec- plug-in electric drive vehicles; and tion 2116. tric drive vehicles in the communities over (B) to reduce barriers to the deployment of (5) ELECTRIC UTILITY.—The term ‘‘electric which the governments have jurisdiction; plug-in electric drive vehicles. utility’’ has the meaning given the term in (2) perform national assessments of the po- (b) UPDATES.—Not later than 2 years after section 3 of the Public Utility Regulatory tential deployment of plug-in electric drive the date of development of the plan de- Policies Act of 1978 (16 U.S.C. 2602). vehicles under section 2112; scribed in subsection (a), and not less fre- (6) FEDERAL-AID SYSTEM OF HIGHWAYS.—The (3) synthesize and disseminate data from quently than once every 2 years thereafter, term ‘‘Federal-aid system of highways’’ the deployment of plug-in electric drive ve- the Secretary shall use market data and in- means a highway system described in section hicles; formation from the targeted plug-in electric 103 of title 23, United States Code. (4) develop best practices for the successful drive vehicle deployment communities pro- (7) PLUG-IN ELECTRIC DRIVE VEHICLE.— deployment of plug-in electric drive vehicles; gram established under section 2116 and (A) IN GENERAL.—The term ‘‘plug-in elec- (5) carry out workforce training under sec- other relevant data to update the plan to re- tric drive vehicle’’ has the meaning given the tion 2114; flect real world market conditions.

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SEC. 2113. TECHNICAL ASSISTANCE. (4) BEST PRACTICES.—The Secretary shall buildings, or other structures that could pro- (a) TECHNICAL ASSISTANCE TO STATE, collect and disseminate information to vide publicly available charging infrastruc- LOCAL, AND TRIBAL GOVERNMENTS.— State, local, and tribal governments creating ture; (1) IN GENERAL.—In carrying out this sub- plans to deploy plug-in electric drive vehi- (B) model construction permitting or in- title, the Secretary shall provide, at the re- cles on best practices (including codes and spection processes that allow for the expe- quest of the Governor, Mayor, county execu- standards) that uses data from— dited installation of charging infrastructure tive, or the designee of such an official, tech- (A) the program established by section for purchasers of plug-in electric drive vehi- nical assistance to State, local, and tribal 2116; cles (including a permitting process that al- governments to assist with the deployment (B) the activities carried out by the Task lows a vehicle purchaser to have charging in- of plug-in electric drive vehicles. Force; and frastructure installed not later than 1 week (C) existing academic and industry studies (2) REQUIREMENTS.—The technical assist- after a request); and ance described in paragraph (1) shall in- of the factors that contribute to the success- (C) model zoning, parking rules, or other clude— ful deployment of new technologies, particu- local ordinances that— (A) training on codes and standards for larly studies relating to alternative fueled (i) facilitate the installation of publicly building and safety inspectors; vehicles. available charging infrastructure, including RANTS.— (B) training on best practices for expe- (5) G commercial entities that provide public ac- (A) IN GENERAL.—The Secretary shall es- diting permits and inspections; cess to infrastructure; and tablish a program to provide grants to State, (C) education and outreach on frequently (ii) allow for access to publicly available local, and tribal governments or to partner- asked questions relating to the various types charging infrastructure. ships of government and private entities to of plug-in electric drive vehicles and associ- (2) OPTIONAL ADOPTION.—An applicant for assist the governments and partnerships— ated infrastructure, battery technology, and selection for technical assistance under this (i) in preparing a community deployment disposal; and section or as a deployment community under plan under section 2116; and (D) the dissemination of information re- section 2116 shall not be required to use the (ii) in preparing and implementing pro- garding best practices for the deployment of model building codes, permitting and inspec- grams that support the deployment of plug- tion processes, or zoning, parking rules, or plug-in electric drive vehicles. in electric drive vehicles. (3) PRIORITY.—In providing technical as- other ordinances included in the report (B) APPLICATION.—A State, local, or tribal under paragraph (1). sistance under this subsection, the Secretary government that seeks to receive a grant shall give priority to— (3) SMART GRID INTEGRATION.—In devel- under this paragraph shall submit to the oping the model codes or ordinances de- (A) communities that have established Secretary an application for the grant at public and private partnerships, including scribed in paragraph (1), the Secretary shall such time, in such form, and containing such consider smart grid integration. partnerships comprised of— information as the Secretary may prescribe. SEC. 2114. WORKFORCE TRAINING. (i) elected and appointed officials from (C) USE OF FUNDS.—A State, local, or tribal each of the participating State, local, and government receiving a grant under this (a) MAINTENANCE AND SUPPORT.— tribal governments; paragraph shall use the funds— (1) IN GENERAL.—The Secretary, in con- (ii) relevant generators and distributors of (i) to develop a community deployment sultation with the Committee and the Task electricity; plan that shall be submitted to the next Force, shall award grants to institutions of (iii) public utility commissions; available competition under section 2116; and higher education and other qualified training (iv) departments of public works and trans- (ii) to carry out activities that encourage and education institutions for the establish- portation; the deployment of plug-in electric drive ve- ment of programs to provide training and (v) owners and operators of property that hicles including— education for vocational workforce develop- will be essential to the deployment of a suffi- (I) planning for and installing charging in- ment through centers of excellence. cient level of publicly available charging infrastructure, particularly to develop and (2) PURPOSE.—Training funded under this frastructure (including privately owned demonstrate diverse and cost-effective plan- subsection shall be intended to ensure that parking lots or structures and commercial ning, installation, and operations options for the workforce has the necessary skills need- entities with public access locations); deployment of single family and multifamily ed to work on and maintain plug-in electric (vi) plug-in electric drive vehicle manufac- residential, workplace, and publicly avail- drive vehicles and the infrastructure re- turers or retailers; able charging infrastructure; quired to support plug-in electric drive vehi- (vii) third-party providers of charging in- (II) updating building, zoning, or parking cles. frastructure or services; codes and permitting or inspection processes; (3) SCOPE.—Training funded under this sub- (viii) owners of any major fleet that will (III) workforce training, including the section shall include training for— participate in the program; training of permitting officials; (A) first responders; (ix) as appropriate, owners and operators of (IV) public education described in the pro- (B) electricians and contractors who will regional electric power distribution and posed marketing plan; be installing infrastructure; transmission facilities; and (V) shifting State, local, or tribal govern- (C) engineers; (x) other existing community coalitions ment fleets to plug-in electric drive vehicles, (D) code inspection officials; and recognized by the Department of Energy; at a rate in excess of the existing alternative (E) dealers and mechanics. (B) communities that, as determined by fueled fleet vehicles acquisition require- (b) DESIGN.—The Secretary shall award the Secretary, have best demonstrated that ments for Federal fleets under section grants to institutions of higher education the public is likely to embrace plug-in elec- 303(b)(1)(D) of the Energy Policy Act of 1992 and other qualified training and education tric drive vehicles, giving particular consid- (42 U.S.C. 13212(b)(1)(D)); and institutions for the establishment of pro- eration to communities that— (VI) any other activities, as determined to grams to provide training and education in (i) have documented waiting lists to pur- be necessary by the Secretary. designing plug-in electric drive vehicles and chase plug-in electric drive vehicles; (D) CRITERIA.—The Secretary shall develop associated components and infrastructure to (ii) have developed projections of the quan- and publish criteria for the selection of tech- ensure that the United States can lead the tity of plug-in electric drive vehicles sup- nical assistance grants, including require- world in this field. plied to dealers; and ments for the submission of applications (c) AUTHORIZATION OF APPROPRIATIONS.— (iii) have assessed the quantity of charging under this paragraph. There is authorized to be appropriated to infrastructure installed or for which permits (E) AUTHORIZATION OF APPROPRIATIONS.— carry out this section $150,000,000. have been issued; There are authorized to be appropriated such SEC. 2115. FEDERAL FLEETS. (C) communities that have shown a com- sums as are necessary to carry out this para- (a) IN GENERAL.—Electricity consumed by mitment to serving diverse consumer charg- graph. Federal agencies to fuel plug-in electric ing infrastructure needs, including the (b) UPDATING MODEL BUILDING CODES, PER- drive vehicles— charging infrastructure needs for single- and MITTING AND INSPECTION PROCESSES, AND ZON- (1) is an alternative fuel (as defined in sec- multi-family housing and public and pri- ING OR PARKING RULES.— tion 301 of the Energy Policy Act of 1992 (42 vately owned commercial infrastructure; and (1) IN GENERAL.—Not later than 1 year after U.S.C. 13218)); and (D) communities that have established reg- the date of enactment of this Act, the Sec- (2) shall be accounted for under Federal ulatory and educational efforts to facilitate retary, in consultation with the American fleet management reporting requirements, consumer acceptance of plug-in electric Society of Heating, Refrigerating and Air- not under Federal building management re- drive vehicles, including by— Conditioning Engineers, the International porting requirements. (i) adopting (or being in the process of Code Council, and any other organizations (b) ASSESSMENT AND REPORT.—Not later adopting) streamlined permitting and in- that the Secretary determines to be appro- than 180 days after the date of enactment of spections processes for residential charging priate, shall develop and publish guidance this Act and every 3 years thereafter, the infrastructure; and for— Federal Energy Management Program and (ii) providing customer informational re- (A) model building codes for the inclusion the General Services Administration, in con- sources, including providing plug-in electric of separate circuits for charging infrastruc- sultation with the Task Force, shall com- drive information on community or other ture, as appropriate, in new construction and plete an assessment of Federal Government websites. major renovations of private residences, fleets, including the Postal Service and the

VerDate Mar 15 2010 02:28 Jul 29, 2010 Jkt 089060 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JY6.053 S28JYPT1 tjames on DSKG8SOYB1PROD with SENATE S6424 CONGRESSIONAL RECORD — SENATE July 28, 2010 Department of Defense, and submit a report (C) the contribution of plug-in electric (iii) the manner in which incentive struc- to Congress that describes— drive vehicles in the Federal fleet toward re- tures for phase 2 deployment should be (1) for each Federal agency, which types of ducing the use of fossil fuels and greenhouse changed; and vehicles the agency uses that would or would gas emissions. (iv) whether other forms of onboard energy not be suitable for near-term and medium- (3) REPORT.—Not later than 6 years after storage for electric drive vehicles, such as term conversion to plug-in electric drive ve- the date of enactment of this Act, the Ad- fuel cells, should be included in phase 2; and hicles, taking into account the types of vehi- ministrator of General Services shall submit (B) a request for appropriations to imple- cles for which plug-in electric drive vehicles to the appropriate committees of Congress a ment phase 2 of the Program. could provide comparable functionality and report that— (b) GOALS.—The goals of the Program are— lifecycle costs; (A) describes the status of plug-in electric (1) to facilitate the rapid deployment of (2) how many plug-in electric drive vehi- drive vehicles in the Federal fleet; and plug-in electric drive vehicles, including— cles could be deployed by the Federal Gov- (B) includes an analysis of the data col- (A) the deployment of 400,000 plug-in elec- ernment in 5 years and in 10 years, assuming lected under this subsection. tric drive vehicles in phase 1 in the deploy- that plug-in electric drive vehicles are avail- (4) PUBLIC WEB SITE.—The Federal Energy ment communities selected under paragraph able and are purchased when new vehicles Management Program shall maintain and (2); are needed or existing vehicles are replaced; regularly update a publicly available Web (B) the near-term achievement of signifi- (3) the estimated cost to the Federal Gov- site that provides information on the status cant market penetration in deployment com- ernment for vehicle purchases under para- of plug-in electric drive vehicles in the Fed- munities; and graph (2); and eral fleet. (C) supporting the achievement of signifi- (4) a description of any updates to the as- (f) ACQUISITION PRIORITY.—Section 507(g) of cant market penetration nationally; sessment based on new market data. the Energy Policy Act of 1992 (42 U.S.C. (2) to establish models for the rapid deploy- (c) INVENTORY AND DATA COLLECTION.— 13257(g)) is amended by adding at the end the ment of plug-in electric drive vehicles na- (1) IN GENERAL.—In carrying out the assess- following: tionally, including for the deployment of sin- ment and report under subsection (b), the ‘‘(5) PRIORITY.—The Secretary shall, to the gle-family and multifamily residential, Federal Energy Management Program, in maximum extent practicable, prioritize the workplace, and publicly available charging consultation with the General Services Ad- acquisition of plug-in electric drive vehicles infrastructure; ministration, shall— (as defined in section 131(a) of the Energy (3) to increase consumer knowledge and ac- (A) develop an information request for Independence and Security Act of 2007 (42 ceptance of, and exposure to, plug-in electric each agency that operates a fleet of at least U.S.C. 17011(a)) over nonelectric alternative drive vehicles; 20 motor vehicles; and fueled vehicles.’’. (4) to encourage the innovation and invest- (B) establish guidelines for each agency to (g) AUTHORIZATION OF APPROPRIATIONS.— ment necessary to achieve mass market de- use in developing a plan to deploy plug-in There is authorized to be appropriated for ployment of plug-in electric drive vehicles; electric drive vehicles. use by the Federal Government in paying in- (5) to demonstrate the integration of plug- (2) AGENCY RESPONSES.—Each agency that cremental costs to purchase or lease plug-in in electric drive vehicles into electricity dis- operates a fleet of at least 20 motor vehicles electric drive vehicles and the requisite tribution systems and the larger electric shall— charging infrastructure for Federal fleets grid while maintaining or improving grid (A) collect information on the vehicle fleet $25,000,000. system performance and reliability; of the agency in response to the information SEC. 2116. TARGETED PLUG-IN ELECTRIC DRIVE (6) to demonstrate protocols and commu- request described in paragraph (1); and VEHICLE DEPLOYMENT COMMU- nication standards that facilitate vehicle in- (B) develop a plan to deploy plug-in elec- NITIES PROGRAM. tegration into the grid and provide seamless tric drive vehicles. (a) ESTABLISHMENT.— (1) IN GENERAL.—There is established with- charging for consumers traveling through (3) ANALYSIS OF RESPONSES.—The Federal multiple utility distribution systems; Energy Management Program shall— in the national plug-in electric drive deploy- (7) to investigate differences among de- (A) analyze the information submitted by ment program established under section 2111 ployment communities and to develop best each agency under paragraph (2); a targeted plug-in electric drive vehicle de- practices for implementing vehicle elec- (B) approve or suggest amendments to the ployment communities program (referred to trification in various communities, includ- plan of each agency to ensure that the plan in this section as the ‘‘Program’’). ing best practices for planning for and facili- is consistent with the goals and require- (2) EXISTING ACTIVITIES.—In carrying out tating the construction of residential, work- ments of this title; and the Program, the Secretary shall coordinate place, and publicly available infrastructure (C) submit a plan to Congress and the Gen- and supplement, not supplant, any ongoing to support plug-in electric drive vehicles; eral Services Administration to be used in plug-in electric drive deployment activities (8) to collect comprehensive data on the developing the pilot program described in under section 131 of the Energy Independence purchase and use of plug-in electric drive ve- subsection (e). and Security Act of 2007 (42 U.S.C. 17011). hicles, including charging profile data at (d) BUDGET REQUEST.—Each agency of the (3) PHASE 1.— Federal Government shall include plug-in (A) IN GENERAL.—The Secretary shall es- unit and aggregate levels, to inform best electric drive vehicle purchases identified in tablish a competitive process to select phase practices for rapidly deploying plug-in elec- the report under subsection (b) in the budget 1 deployment communities for the Program. tric drive vehicles in other locations, includ- of the agency to be included in the budget of (B) ELIGIBLE ENTITIES.—In selecting par- ing for the installation of charging infra- the United States Government submitted by ticipants for the Program under paragraph structure; the President under section 1105 of title 31, (1), the Secretary shall only consider appli- (9) to reduce and displace petroleum use United States Code. cations submitted by State, tribal, or local and reduce greenhouse gas emissions by ac- (e) PILOT PROGRAM TO DEPLOY PLUG-IN government entities (or groups of State, celerating the deployment of plug-in electric ELECTRIC DRIVE VEHICLES IN THE FEDERAL tribal, or local government entities). drive vehicles in the United States; and FLEET.— (C) SELECTION.—Not later than 1 year after (10) to increase domestic manufacturing (1) PROGRAM.— the date of enactment of this Act and not capacity and commercialization in a manner (A) IN GENERAL.—The Administrator of later than 1 year after the date on which any that will establish the United States as a General Services shall acquire plug-in elec- subsequent amounts are appropriated for the world leader in plug-in electric drive vehicle tric drive vehicles and the requisite charging Program, the Secretary shall select the technologies. infrastructure to be deployed in a range of phase 1 deployment communities under this (c) PHASE 1 DEPLOYMENT COMMUNITY SE- locations in Federal Government fleets, paragraph. LECTION CRITERIA.— which may include the United States Postal (D) TERMINATION.—Phase 1 of the Program (1) IN GENERAL.—The Secretary shall en- Service and the Department of Defense, dur- shall be carried out for a 3-year period begin- sure, to the maximum extent practicable, ing the 5-year period beginning on the date ning on the date funding under this title is that selected deployment communities in of enactment of this Act. first provided to the deployment community. phase 1 serve as models of deployment for (B) EXPENDITURES.—To the maximum ex- (4) PHASE 2.—Not later than 3 years after various communities across the United tent practicable, expenditures under this the date of enactment of this Act, the Sec- States. paragraph should make a contribution to the retary shall submit to Congress a report that (2) SELECTION.—In selecting communities advancement of manufacturing of electric analyzes the lessons learned in phase I and, under this section, the Secretary— drive components and vehicles in the United if, based on the phase I analysis, the Sec- (A) shall ensure, to the maximum extent States. retary determines that a phase II program is practicable, that— (2) DATA COLLECTION.—The Administrator warranted, makes recommendations and de- (i) the combination of selected commu- of General Services shall collect data regard- scribes a plan for phase II, including— nities is diverse in population density, demo- ing— (A) recommendations regarding— graphics, urban and suburban composition, (A) the cost, performance, and use of plug- (i) options for the number of additional de- typical commuting patterns, climate, and in electric drive vehicles in the Federal fleet; ployment communities that should be se- type of utility (including investor-owned, (B) the deployment and integration of lected; publicly-owned, cooperatively-owned, dis- plug-in electric drive vehicles in the Federal (ii) the manner in which criteria for selec- tribution-only, and vertically integrated fleet; and tion should be updated; utilities);

VerDate Mar 15 2010 02:28 Jul 29, 2010 Jkt 089060 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JY6.054 S28JYPT1 tjames on DSKG8SOYB1PROD with SENATE July 28, 2010 CONGRESSIONAL RECORD — SENATE S6425 (ii) the combination of selected commu- (I) medium- and heavy-duty plug-in hybrid (vi) an estimate of the quantity of charg- nities is diverse in geographic distribution, vehicles; ing infrastructure that will be privately and at least 1 deployment community is lo- (II) low speed plug-in electric drive vehi- funded or located on private property; and cated in each Petroleum Administration for cles that meet Federal Motor Vehicle Safety (vii) a description of equipment to be de- Defense District; Standards described in section 571.500 of title ployed, including assurances that, to the (iii) at least 1 community selected has a 49, Code of Federal Regulations; and maximum extent practicable, equipment to population of less than 125,000; (III) any other plug-in electric drive vehi- be deployed will meet open, nonproprietary (iv) grants are of a sufficient amount such cle authorized to travel on the United States standards for connecting to plug-in electric that each deployment community will Federal-aid system of highways; and drive vehicles that are either— achieve significant market penetration; and (vi) any other merit-based criteria, as de- (I) commonly accepted by industry at the (v) the deployment communities are rep- termined by the Secretary. time the equipment is being acquired; or resentative of other communities across the (II) meet the standards developed by the (4) COMMUNITY DEPLOYMENT PLANS.—Plans United States; Director of the National Institute of Stand- for the deployment of plug-in electric drive (B) is encouraged to select a combination ards and Technology under section 1305 of vehicles shall include— of deployment communities that includes the Energy Independence and Security Act of (A) a proposed level of cost sharing in ac- multiple models or approaches for deploying 2007 (42 U.S.C. 17385); plug-in electric drive vehicles that the Sec- cordance with subsection (d)(2)(C); (E) a plan for effective marketing of and retary believes are reasonably likely to be (B) documentation demonstrating a sub- consumer education relating to plug-in elec- effective, including multiple approaches to stantial partnership with relevant stake- tric drive vehicles, charging services, and in- the deployment of charging infrastructure; holders, including— frastructure; (C) in addition to the criteria described in (i) a list of stakeholders that includes— (F) descriptions of updated building codes subparagraph (A), may give preference to ap- (I) elected and appointed officials from (or a plan to update building codes before or plicants proposing a greater non-Federal each of the participating State, local, and during the grant period) to include charging cost share; and tribal governments; infrastructure or dedicated circuits for (D) when considering deployment commu- (II) all relevant generators and distributors charging infrastructure, as appropriate, in nity plans, shall take into account previous of electricity; new construction and major renovations; Department of Energy and other Federal in- (III) State utility regulatory authorities; (G) descriptions of updated construction vestments to ensure that the maximum do- (IV) departments of public works and permitting or inspection processes (or a plan mestic benefit from Federal investments is transportation; to update construction permitting or inspec- realized. (V) owners and operators of property that tion processes) to allow for expedited instal- (3) CRITERIA.— will be essential to the deployment of a suffi- lation of charging infrastructure for pur- (A) IN GENERAL.—Not later than 120 days cient level of publicly available charging in- chasers of plug-in electric drive vehicles, in- after the date of enactment of this Act, and frastructure (including privately owned cluding a permitting process that allows a not later than 90 days after the date on parking lots or structures and commercial vehicle purchaser to have charging infra- which any subsequent amounts are appro- entities with public access locations); structure installed in a timely manner; priated for the Program, the Secretary shall (VI) plug-in electric drive vehicle manufac- (H) descriptions of updated zoning, parking publish criteria for the selection of deploy- turers or retailers; rules, or other local ordinances as are nec- ment communities that include require- (VII) third-party providers of residential, essary to facilitate the installation of pub- ments that applications be submitted by a workplace, private, and publicly available licly available charging infrastructure and State, tribal, or local government entity (or charging infrastructure or services; to allow for access to publicly available groups of State, tribal, or local government (VIII) owners of any major fleet that will charging infrastructure, as appropriate; entities). participate in the program; (I) a plan to ensure that each resident in a (B) APPLICATION REQUIREMENTS.—The cri- (IX) as appropriate, owners and operators deployment community who purchases and teria published by the Secretary under sub- of regional electric power distribution and registers a new plug-in electric drive vehicle paragraph (A) shall include application re- transmission facilities; and throughout the duration of the deployment quirements that, at a minimum, include— (X) as appropriate, other existing commu- community receives, in addition to any Fed- (i) goals for— nity coalitions recognized by the Depart- eral incentives, consumer benefits that may (I) the number of plug-in electric drive ve- ment of Energy; include— hicles to be deployed in the community; (ii) evidence of the commitment of the (i) a rebate of part of the purchase price of (II) the expected percentage of light-duty stakeholders to participate in the partner- the vehicle; vehicle sales that would be sales of plug-in ship; (ii) reductions in sales taxes or registra- electric drive vehicles; and tion fees; (iii) a clear description of the role and re- (III) the adoption of plug-in electric drive (iii) rebates or reductions in the costs of sponsibilities of each stakeholder; and vehicles (including medium- or heavy-duty permitting, purchasing, or installing home (iv) a plan for continuing the engagement vehicles) in private and public fleets during plug-in electric drive vehicle charging infra- and participation of the stakeholders, as ap- the 3-year duration of the Program; structure; and propriate, throughout the implementation of (ii) data that demonstrate that— (iv) rebates or reductions in State or local (I) the public is likely to embrace plug-in the deployment plan; toll road access charges; electric drive vehicles, which may include— (C) a description of the number of plug-in (J) additional consumer benefits, such as (aa) the quantity of plug-in electric drive electric drive vehicles anticipated to be plug- preferred parking spaces or single-rider ac- vehicles purchased; in electric drive personal vehicles and the cess to high-occupancy vehicle lanes for (bb) the number of individuals on a waiting number of plug-in electric drive vehicles an- plug-in electric drive vehicles; list to purchase a plug-in electric drive vehi- ticipated to be privately owned fleet or pub- (K) a proposed plan for making necessary cle; lic fleet vehicles; utility and grid upgrades, including eco- (cc) projections of the quantity of plug-in (D) a plan for deploying residential, work- nomically sound and cybersecure informa- electric drive vehicles supplied to dealers; place, private, and publicly available charg- tion technology upgrades and employee and ing infrastructure, including— training, and a plan for recovering the cost (dd) any assessment of the quantity of (i) an assessment of the number of con- of the upgrades; charging infrastructure installed or for sumers who will have access to private resi- (L) a description of utility, grid operator, which permits have been issued; and dential charging infrastructure in single- or third-party charging service provider, (II) automobile manufacturers and dealers family or multifamily residences; policies and plans for accommodating the de- will be able to provide and service the tar- (ii) options for accommodating plug-in ployment of plug-in electric drive vehicles, geted number of plug-in electric drive vehi- electric drive vehicle owners who are not including— cles in the community for the duration of able to charge vehicles at their place of resi- (i) rate structures or provisions and billing the program; dence; protocols for the charging of plug-in electric (iii) clearly defined geographic boundaries (iii) an assessment of the number of con- drive vehicles; of the proposed deployment area; sumers who will have access to workplace (ii) analysis of potential impacts to the (iv) a community deployment plan for the charging infrastructure; grid; deployment of plug-in electric drive vehicles, (iv) a plan for ensuring that the charging (iii) plans for using information tech- charging infrastructure, and services in the infrastructure or plug-in electric drive vehi- nology or third-party aggregators— deployment community; cle be able to send and receive the informa- (I) to minimize the effects of charging on (v) assurances that a majority of the vehi- tion needed to interact with the grid and be peak loads; cle deployments anticipated in the plan will compatible with smart grid technologies to (II) to enhance reliability; and be personal vehicles authorized to travel on the extent feasible; (III) to provide other grid benefits; the United States Federal-aid system of (v) an estimate of the number and disper- (iv) plans for working with smart grid highways, and secondarily, private or public sion of publicly and privately owned charg- technologies or third-party aggregators for sector plug-in electric drive fleet vehicles, ing stations that will be publicly or commer- the purposes of smart charging and for al- but may also include— cially available; lowing 2-way communication;

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FUNDING. any grant funds applied for under subsection mined in accordance with the applicable cir- (a) TARGETED PLUG-IN ELECTRIC DRIVE VE- (d) will be used and the proposed local cost cular of the Office of Management and Budg- HICLE DEPLOYMENT COMMUNITIES PROGRAM.— share for the funds. et; (1) IN GENERAL.—On October 1, 2010, out of (dd) indirect costs or facilities and admin- (d) PHASE 1 APPLICATIONS AND GRANTS.— any funds in the Treasury not otherwise ap- istrative costs; or (1) APPLICATIONS.— propriated, the Secretary of the Treasury (ee) any funds received under the power (A) IN GENERAL.—Not later than 150 days shall transfer to the Secretary to carry out after the date of publication by the Sec- program of the Tennessee Valley Authority section 2116 $400,000,000, to remain available retary of selection criteria described in sub- or any Power Marketing Administration (ex- until expended. section (c)(3), any State, tribal, or local gov- cept to the extent that such funds are made (2) RECEIPT AND ACCEPTANCE.—The Sec- ernment, or group of State, tribal, or local available under an annual appropriation retary shall be entitled to receive, shall ac- governments may apply to the Secretary to Act); cept, and shall use to carry out section 2116 become a deployment community. (II) shall include contributions made by the funds transferred under paragraph (1), State, tribal, or local government entities without further appropriation. (B) JOINT SPONSORSHIP.— and private entities; and (b) OTHER PROVISIONS.— (i) IN GENERAL.—An application submitted (1) IN GENERAL.—On October 1, 2010, out of under subparagraph (A) may be jointly spon- (III) shall not include— any funds in the Treasury not otherwise ap- sored by electric utilities, automobile manu- (aa) revenues or royalties from the prospective operation of an activity beyond the propriated, the Secretary of the Treasury facturers, technology providers, carsharing shall transfer to the Secretary to carry out companies or organizations, third-party time considered in the grant; (bb) proceeds from the prospective sale of this subtitle (other than section 2116) plug-in electric drive vehicle service pro- $100,000,000, to remain available until ex- viders, or other appropriated entities. an asset of an activity; or (cc) other appropriated Federal funds. pended. (ii) DISBURSEMENT OF GRANTS.—A grant (2) RECEIPT AND ACCEPTANCE.—The Sec- provided under this subsection shall only be (v) REPAYMENT OF FEDERAL SHARE.—The Secretary shall not require repayment of the retary shall be entitled to receive, shall ac- disbursed to a State, tribal, or local govern- cept, and shall use to carry out this subtitle ment, or group of State, tribal, or local gov- Federal share of a cost-shared activity under this section as a condition of providing a (other than section 2116) the funds trans- ernments, regardless of whether the applica- ferred under paragraph (1), without further tion is jointly sponsored under clause (i). grant. (vi) TITLE TO PROPERTY.—The Secretary appropriation. (2) GRANTS.— may vest title or other property interests ac- Subtitle B—Research and Development (A) IN GENERAL.—In each application, the applicant may request up to $100,000,000 in fi- quired under projects funded under this title SEC. 2121. RESEARCH AND DEVELOPMENT PRO- GRAM. nancial assistance from the Secretary to in any entity, including the United States. (a) RESEARCH AND DEVELOPMENT PRO- fund projects in the deployment community. (3) SELECTION.—Not later than 120 days after an application deadline has been estab- GRAM.— (B) USE OF FUNDS.—Funds provided (1) IN GENERAL.—The Secretary, in con- through a grant under this paragraph may be lished under paragraph (1), the Secretary shall announce the names of the deployment sultation with the Committee, shall estab- used to help implement the plan for the de- lish a program to fund research and develop- ployment of plug-in electric drive vehicles communities selected under this subsection. (e) REPORTING REQUIREMENTS.— ment in advanced batteries, plug-in electric included in the application, including— (1) IN GENERAL.—The Secretary, in con- drive vehicle components, plug-in electric (i) planning for and installing charging in- sultation with the Committee, shall— drive infrastructure, and other technologies frastructure, including offering additional (A) determine what data will be required to supporting the development, manufacture, incentives as described in subsection (c)(4)(I); be collected by participants in deployment and deployment of plug-in electric drive ve- (ii) updating building codes, zoning or communities and submitted to the Depart- hicles and charging infrastructure. parking rules, or permitting or inspection ment to allow for analysis of the deployment (2) USE OF FUNDS.—The program may in- processes as described in subparagraphs (F), communities; clude funding for— (G), and (H) of subsection (c)(4); (B) provide for the protection of consumer (A) the development of low-cost, smart- (iii) reducing the cost and increasing the privacy, as appropriate; and charging and vehicle-to-grid connectivity consumer adoption of plug-in electric drive (C) develop metrics to evaluate the per- technology; vehicles through incentives as described in formance of the deployment communities. (B) the benchmarking and assessment of subsection (c)(4)(I); (2) PROVISION OF DATA.—As a condition of open software systems using nationally es- (iv) workforce training, including training participation in the Program, a deployment tablished evaluation criteria; and of permitting officials; community shall provide any data identified (C) new technologies in electricity storage (v) public education and marketing de- by the Secretary under paragraph (1). or electric drive components for vehicles. scribed in the proposed marketing plan; (3) REPORTS.—Not later than 3 years after (3) REPORT.—Not later than 4 years after (vi) shifting State, tribal, or local govern- the date of enactment of this Act and again the date of enactment of this Act, the Sec- ment fleets to plug-in electric drive vehicles, after the completion of the Program, the retary shall submit to Congress a report de- at a rate in excess of the existing alternative Secretary shall submit to Congress a report scribing the status of the program described fueled fleet vehicle acquisition requirements that contains— in paragraph (1). for Federal fleets under section 303(b)(1)(D) (A) a description of the status of— (b) SECONDARY USE APPLICATIONS PRO- of the Energy Policy Act of 1992 (42 U.S.C. (i) the deployment communities and the GRAM.— 13212(b)(1)(D)); and (1) IN GENERAL.—The Secretary, in con- implementation of the deployment plan of (vii) necessary utility and grid upgrades as sultation with the Committee, shall carry each deployment community; described in subsection (c)(4)(K). out a research, development, and demonstra- (ii) the rate of vehicle deployment and (C) COST-SHARING.— tion program that builds upon any work car- market penetration of plug-in electric drive (i) IN GENERAL.—A grant provided under ried out under section 915 of the Energy Pol- vehicles; and this paragraph shall be subject to a min- icy Act of 2005 (42 U.S.C. 16195) and— (iii) the deployment of residential and pub- imum non-Federal cost-sharing requirement (A) identifies possible uses of a vehicle bat- licly available infrastructure; of 20 percent. tery after the useful life of the battery in a (B) a description of the challenges experi- (ii) NON-FEDERAL SOURCES.—The Secretary vehicle has been exhausted; enced and lessons learned from the program shall— (B) assesses the potential for markets for to date, including the activities described in (I) determine the appropriate cost share for uses described in subparagraph (A) to de- subparagraph (A); and each selected applicant; and velop, as well as any barriers to the develop- (C) an analysis of the data collected under (II) require that the Federal contribution ment of the markets; this subsection. to total expenditures on activities described (C) identifies the infrastructure, tech- (f) PROPRIETARY INFORMATION.—The Sec- in clauses (ii), (iv), (v), and (vi) of subpara- retary shall, as appropriate, provide for the nology, and equipment needed to manage the graph (B) not exceed 30 percent. protection of proprietary information and in- charging activity of the batteries used in (iii) REDUCTION.—The Secretary may re- tellectual property rights. stationary sources; and duce or eliminate the cost-sharing require- (g) AUTHORIZATION OF APPROPRIATIONS.— (D) identifies the potential uses of a vehi- ment described in clause (i), as the Secretary There is authorized to be appropriated to cle battery— determines to be necessary. carry out this section $2,000,000,000. (i) with the most promise for market devel- (iv) CALCULATION OF AMOUNT.—In calcu- (h) CONFORMING AMENDMENT.—Section opment; and lating the amount of the non-Federal share 166(b)(5) of title 23, United States Code, is (ii) for which market development would under this section, the Secretary— amended— be aided by a demonstration project.

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(2) REPORT.—Not later than 2 years after fications that the Secretary and the Com- (iii) the Committee on Energy and Com- the date of enactment of this Act, the Sec- mittee determine to be necessary. merce of the House of Representatives. retary shall submit to the appropriate com- (c) PRIVATE FUNDS.— (B) CONTENTS.—Each report shall include, mittees of Congress an initial report on the (1) IN GENERAL.—Subject to paragraph (2) for the fiscal year covered by the report, the findings of the program described in para- and notwithstanding section 3302 of title 31, following: graph (1), including recommendations for United States Code, the Secretary may ac- (i) A statement of the amounts deposited stationary energy storage and other poten- cept, retain, and use funds contributed by into the Fund. tial applications for batteries used in plug-in any person, government entity, or organiza- (ii) A description of the expenditures made electric drive vehicles. tion for purposes of carrying out this sub- from the Fund for the fiscal year, including (c) SECONDARY USE DEMONSTRATION section— the purpose of the expenditures. PROJECTS.— (A) without further appropriation; and (iii) Recommendations for additional au- (1) IN GENERAL.—Based on the results of (B) without fiscal year limitation. thorities to fulfill the purpose of the Fund. the program described in subsection (b), the (2) RESTRICTION ON PARTICIPATION.—An en- (iv) A statement of the balance remaining Secretary, in consultation with the Com- tity providing private funds for the Prize in the Fund at the end of the fiscal year. mittee, shall develop guidelines for projects may not participate in the competition for (5) SEPARATE APPROPRIATIONS ACCOUNT.— that demonstrate the secondary uses of vehi- the Prize. Section 1105(a) of title 31, United States cle batteries. (d) TECHNICAL REVIEW.—The Secretary, in Code, is amended— (2) PUBLICATION OF GUIDELINES.—Not later consultation with the Committee, shall es- (A) by redesignating paragraphs (35) and than 30 months after the date of enactment tablish a technical review committee com- (36) as paragraphs (36) and (37), respectively; of this Act, the Secretary shall— posed of non-Federal officers to review data (B) by redesignating the second paragraph (A) publish the guidelines described in submitted by Prize entrants under this sec- (33) (relating to obligational authority and paragraph (1); and tion and determine whether the data meets outlays requested for homeland security) as (B) solicit applications for funding for the prize specifications described in subparagraph (35); and demonstration projects. section (b). (C) by adding at the end the following: (e) THIRD PARTY ADMINISTRATION.—The (3) GRANT PROGRAM.—Not later than 38 ‘‘(38) a separate statement for the 500-mile months after the date of enactment of this Secretary may select, on a competitive Battery Fund established under section 8(h) basis, a third party to administer awards Act, the Secretary shall select proposals for of the ‘Promoting Electric Vehicles Act of provided under this section. grant funding under this section, based on an 2010’, which shall include the estimated (f) ELIGIBILITY.—To be eligible for an amount of deposits into the Fund, obliga- assessment of which proposals are mostly award under this section— tions, and outlays from the Fund.’’. likely to contribute to the development of a (1) in the case of a private entity, the enti- secondary market for batteries. ty shall be incorporated in and maintain a (i) AUTHORIZATION OF APPROPRIATIONS.— (d) MATERIALS RECYCLING STUDY.— primary place of business in the United There is authorized to be appropriated— (1) IN GENERAL.—The Secretary, in con- States; and (1) $10,000,000 to carry out subsection (g)(1); sultation with the Committee, shall carry (2) in the case of an individual (whether and out a study on the recycling of materials participating as a single individual or in a (2) $1,000,000 to carry out subsection (g)(2). from plug-in electric drive vehicles and the group), the individual shall be a citizen or SEC. 2123. STUDY ON THE SUPPLY OF RAW MATE- batteries used in plug-in electric drive vehi- lawful permanent resident of the United RIALS. cles. States. (a) IN GENERAL.—The Secretary of the In- (2) REPORT.—Not later than 2 years after (g) AWARD AMOUNTS.— terior, in consultation with the Secretary the date of enactment of this Act, the Sec- (1) IN GENERAL.—Subject to the avail- and the Task Force, shall conduct a study retary shall submit to the appropriate com- ability of funds to carry out this section, the that— mittees of Congress a report on the findings amount of the Prize shall be $10,000,000. (1) identifies the raw materials needed for of the study described in paragraph (1). (2) BREAKTHROUGH ACHIEVEMENT AWARDS.— the manufacture of plug-in electric drive ve- (e) AUTHORIZATION OF APPROPRIATIONS.— In addition to the award described in para- hicles, batteries, and other components for There is authorized to be appropriated to graph (1), the Secretary, in consultation plug-in electric drive vehicles, and for the in- carry out this section $1,535,000,000, includ- with the technical review committee estab- frastructure needed to support plug-in elec- ing— lished under subsection (d), may award cash tric drive vehicles; (1) $1,500,000,000 for use in conducting the prizes, in amounts determined by the Sec- (2) describes the primary or original program described in subsection (a) for fiscal retary, in recognition of breakthrough sources and known reserves and resources of years 2011 through 2020; achievements in research, development, those raw materials; (2) $5,000,000 for use in conducting the pro- demonstration, and commercial application (3) assesses, in consultation with the Na- gram described in subsection (b) for fiscal of— tional Academy of Sciences, the degree of years 2011 through 2016; (A) activities described in subsection (b); risk to the manufacture, maintenance, de- (3) $25,000,000 for use in providing grants or ployment, and use of plug-in electric drive described in subsection (c) for fiscal years (B) advances in battery durability, energy vehicles associated with the supply of those 2011 through 2020; and density, and power density. raw materials; and (4) $5,000,000 for use in conducting the (h) 500-MILE BATTERY AWARD FUND.— (4) identifies pathways to securing reliable study described in subsection (d) for fiscal (1) ESTABLISHMENT.—There is established and resilient supplies of those raw materials. years 2011 through 2013. in the Treasury of the United States a fund (b) REPORT.—Not later than 3 years after SEC. 2122. ADVANCED BATTERIES FOR TOMOR- to be known as the ‘‘500-mile Battery Fund’’ the date of enactment of this Act, the Sec- ROW PRIZE. (referred to in this section as the ‘‘Fund’’), retary of the Interior shall submit to Con- (a) IN GENERAL.—Not later than 1 year to be administered by the Secretary, to be gress a report that describes the results of after the date of enactment of this Act, as available without fiscal year limitation and the study. part of the program described in section 1008 subject to appropriation, to award amounts (c) AUTHORIZATION OF APPROPRIATIONS.— of the Energy Policy Act of 2005 (42 U.S.C. under this section. There is authorized to be appropriated to 16396), the Secretary shall establish the Ad- (2) TRANSFERS TO FUND.—The Fund shall carry out this subsection $1,500,000. vanced Batteries for Tomorrow Prize to com- consist of— SEC. 2124. STUDY ON THE COLLECTION AND petitively award cash prizes in accordance (A) such amounts as are appropriated to PRESERVATION OF DATA COL- with this section to advance the research, the Fund under subsection (i); and LECTED FROM PLUG-IN ELECTRIC development, demonstration, and commer- (B) such amounts as are described in sub- DRIVE VEHICLES. cial application of a 500-mile vehicle battery. section (c) and that are provided for the (a) IN GENERAL.—Not later than 180 days (b) BATTERY SPECIFICATIONS.— Fund. after the date of enactment of this Act, the (1) IN GENERAL.—To be eligible for the (3) PROHIBITION.—Amounts in the Fund Secretary, in consultation with the Com- Prize, a battery submitted by an entrant may not be made available for any purpose mittee, shall enter into an agreement with shall be— other than a purposes described in sub- the National Academy of Sciences under (A) able to power a plug-in electric drive section (a). which the Academy shall conduct a study vehicle authorized to travel on the United (4) ANNUAL REPORTS.— that— States Federal-aid system of highways for at (A) IN GENERAL.—Not later than 60 days (1) identifies— least 500 miles before recharging; after the end of each fiscal year beginning (A) the data that may be collected from (B) of a size that would not be cost-prohibi- with fiscal year 2012, the Secretary shall sub- plug-in electric drive vehicles, including tive or create space constraints, if mass-pro- mit a report on the operation of the Fund data on the location, charging patterns, and duced; and during the fiscal year to— usage of plug-in electric drive vehicles; (C) cost-effective (measured in cost per kil- (i) the Committees on Appropriations of (B) the scientific, economic, commercial, owatt hour), if mass-produced. the House of Representatives and of the Sen- security, and historic potential of the data (2) ADDITIONAL REQUIREMENTS.—The Sec- ate; described in subparagraph (A); and retary, in consultation with the Committee, (ii) the Committee on Energy and Natural (C) any laws or regulations that relate to shall establish any additional battery speci- Resources of the Senate; and the data described in subparagraph (A); and

VerDate Mar 15 2010 02:28 Jul 29, 2010 Jkt 089060 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JY6.054 S28JYPT1 tjames on DSKG8SOYB1PROD with SENATE S6428 CONGRESSIONAL RECORD — SENATE July 28, 2010 (2) analyzes and provides recommendations ‘‘(iii) consider adopting minimum require- to the appropriate committees of Congress a on matters that include procedures, tech- ments for deployment of electrical charging report that includes— nologies, and rules relating to the collection, infrastructure and other appropriate require- (A) the issues and model solutions de- storage, and preservation of the data de- ments necessary to support the use of plug- scribed in paragraph (1); and scribed in paragraph (1)(A). in electric drive vehicles. (B) any other issues that the Task Force (b) REPORT.—Not later than 15 months ‘‘(C) COST RECOVERY.—Each State regu- and Secretary determine to be appropriate. after the date of an agreement between the latory authority (in the case of each electric SEC. 2132. LOAN GUARANTEES. Secretary and the Academy under subsection utility for which the authority has rate- (a) LOAN GUARANTEES FOR ADVANCED BAT- (a), the National Academy of Sciences shall making authority) and each municipal and TERY PURCHASES FOR USE IN STATIONARY AP- submit to the appropriate committees of cooperative utility may consider whether, PLICATIONS.—Subtitle B of title I of the En- Congress a report that describes the results and to what extent, to allow cost recovery ergy Independence and Security Act of 2007 of the study under subsection (a). for plans and implementation of plans. (42 U.S.C. 17011 et seq.) is amended by adding (c) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(D) DETERMINATION.—Not later than 3 at the end the following: There is authorized to be appropriated to years after the date of enactment of this ‘‘SEC. 137. LOAN GUARANTEES FOR ADVANCED carry out this section $1,000,000. paragraph, each State regulatory authority BATTERY PURCHASES. Subtitle C—Miscellaneous (with respect to each electric utility for ‘‘(a) DEFINITIONS.—In this section: which the authority has ratemaking author- ‘‘(1) QUALIFIED AUTOMOTIVE BATTERY.—The SEC. 2131. UTILITY PLANNING FOR PLUG-IN ity), and each municipal and cooperative term ‘qualified automotive battery’ means a ELECTRIC DRIVE VEHICLES. electric utility, shall complete the consider- battery that— (a) IN GENERAL.—The Public Utility Regu- ation, and shall make the determination, re- ‘‘(A) has at least 4 kilowatt hours of bat- latory Policies Act of 1978 (16 U.S.C. 2601 et ferred to in subsection (a) with respect to the tery capacity; and seq.) is amended— standard established by this paragraph.’’; ‘‘(B) is designed for use in qualified plug-in (1) in section 111(d) (16 U.S.C. 2621(d)), by (2) in section 112(c) (16 U.S.C. 2622(c))— electric drive motor vehicles but is pur- adding at the end the following: (A) in the first sentence, by striking ‘‘Each chased for nonautomotive applications. ‘‘(20) PLUG-IN ELECTRIC DRIVE VEHICLE State’’ and inserting the following: ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible PLANNING.— ‘‘(1) IN GENERAL.—Each State’’; entity’ means— ‘‘(A) UTILITY PLAN FOR PLUG-IN ELECTRIC (B) in the second sentence, by striking ‘‘In ‘‘(A) an original equipment manufacturer; DRIVE VEHICLES.— the case’’ and inserting the following: ‘‘(B) an electric utility; ‘‘(i) IN GENERAL.—Not later than 2 years ‘‘(2) SPECIFIC STANDARDS.— ‘‘(C) any provider of range extension infra- after the date of enactment of this para- ‘‘(A) NET METERING AND FOSSIL FUEL GEN- structure; or graph, each electric utility shall develop a ERATION EFFICIENCY.—In the case’’; ‘‘(D) any other qualified entity, as deter- plan to support the use of plug-in electric (C) in the third sentence, by striking ‘‘In mined by the Secretary. drive vehicles, including medium- and heavy- the case’’ and inserting the following: ‘‘(b) LOAN GUARANTEES.— duty hybrid electric vehicles in the service ‘‘(B) TIME-BASED METERING AND COMMUNICA- ‘‘(1) IN GENERAL.—The Secretary shall area of the electric utility. TIONS.—In the case’’; guarantee loans made to eligible entities for ‘‘(ii) REQUIREMENTS.—A plan under clause (D) in the fourth sentence— the aggregate purchase of not less than 200 (i) shall investigate— (i) by striking ‘‘In the case’’ and inserting qualified automotive batteries in a calendar ‘‘(I) various levels of potential penetration the following: year that have a total minimum power rat- of plug-in electric drive vehicles in the util- ‘‘(C) INTERCONNECTION.—In the case’’; and ing of 1 megawatt and use advanced battery ity service area; (ii) by striking ‘‘paragraph (15)’’ and in- technology. ‘‘(II) the potential impacts that the var- serting ‘‘paragraph (15) of section 111(d)’’; ‘‘(2) RESTRICTION.—As a condition of re- ious levels of penetration and charging sce- (E) in the fifth sentence, by striking ‘‘In ceiving a loan guarantee under this section, narios (including charging rates and daily the case’’ and inserting the following: an entity purchasing qualified automotive hours of charging) would have on generation, ‘‘(D) INTEGRATED RESOURCE PLANNING, RATE batteries with loan funds guaranteed under distribution infrastructure, and the oper- DESIGN MODIFICATIONS, SMART GRID INVEST- this section shall comply with the provisions ation of the transmission grid; and MENTS, SMART GRID INFORMATION.—In the of the Buy American Act (41 U.S.C. 10a et ‘‘(III) the role of third parties in providing case’’; and seq.). reliable and economical charging services. (F) by adding at the end the following: ‘‘(c) REGULATIONS.—The Secretary shall ‘‘(iii) WAIVER.— ‘‘(E) PLUG-IN ELECTRIC DRIVE VEHICLE PLAN- promulgate such regulations as are nec- ‘‘(I) IN GENERAL.—An electric utility that NING.—In the case of the standards estab- essary to carry out this section. determines that the electric utility will not lished by paragraph (20) of section 111(d), the ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— be impacted by plug-in electric drive vehi- reference contained in this subsection to the There is authorized to be appropriated to cles during the 5-year period beginning on date of enactment of this Act shall be carry out this section $50,000,000.’’. (b) LOAN GUARANTEES FOR CHARGING INFRA- the date of enactment of this paragraph may deemed to be a reference to the date of en- STRUCTURE.—Section 1705(a) of the Energy petition the Secretary to waive clause (i) for actment of that paragraph.’’; and Policy Act of 2005 (42 U.S.C. 16516(a)) is 5 years. (3) in section 112(d) (16 U.S.C. 2622(d)), in amended by adding at the end the following: ‘‘(II) APPROVAL.—Approval of a waiver the matter preceding paragraph (1), by strik- ‘‘(4) Charging infrastructure and networks under subclause (I) shall be in the sole dis- ing ‘‘(19)’’ and inserting ‘‘(20)’’. of charging infrastructure for plug-in drive cretion of the Secretary. (b) REPORT.— electric vehicles, if the charging infrastruc- ‘‘(iv) UPDATES.— (1) IN GENERAL.—The Secretary, in con- ture will be operational prior to December ‘‘(I) IN GENERAL.—Each electric utility sultation with the Technical Advisory Com- 31, 2016.’’. shall update the plan of the electric utility mittee, shall convene a group of utility every 5 years. stakeholders, charging infrastructure pro- SEC. 2133. PROHIBITION ON DISPOSING OF AD- VANCED BATTERIES IN LANDFILLS. ‘‘(II) RESUBMISSION OF WAIVER.—An electric viders, third party aggregators, and others, (a) DEFINITION OF ADVANCED BATTERY.— utility that received a waiver under clause as appropriate, to discuss and determine the (1) IN GENERAL.—In this section, the term (iii) and wants the waiver to continue after potential models for the technically and ‘‘advanced battery’’ means a battery that is the expiration of the waiver shall be required logistically challenging issues involved in a secondary (rechargeable) electrochemical to resubmit the waiver. using electricity as a fuel for vehicles, in- energy storage device that has enhanced en- ‘‘(v) EXEMPTION.—If the Secretary deter- cluding— ergy capacity. mines that a plan required by a State regu- (A) accommodation for billing for charging (2) EXCLUSIONS.—The term ‘‘advanced bat- latory authority meets the requirements of a plug-in electric drive vehicle, both at home tery’’ does not include— this paragraph, the Secretary may accept and at publicly available charging infra- (A) a primary (nonrechargeable) battery; that plan and exempt the electric utility structure; or submitting the plan from the requirements (B) plans for anticipating vehicle to grid (B) a lead-acid battery that is used to start of clause (i). applications that will allow batteries in cars or serve as the principal electrical power ‘‘(B) SUPPORT REQUIREMENTS.—Each State as well as banks of batteries to be used for source for a plug-in electric drive vehicle. regulatory authority (in the case of each grid storage, ancillary services provision, (b) REQUIREMENT.—An advanced battery electric utility for which the authority has and backup power; from a plug-in electric drive vehicle shall be ratemaking authority) and each municipal (C) integration of plug-in electric drive ve- disposed of in accordance with the Solid and cooperative utility shall— hicles with smart grid, including protocols Waste Disposal Act (42 U.S.C. 6901 et seq.) ‘‘(i) participate in any local plan for the and standards, necessary equipment, and in- (commonly known as the ‘‘Resource Con- deployment of recharging infrastructure in formation technology systems; and servation and Recovery Act of 1976’’). communities located in the footprint of the (D) any other barriers to installing suffi- SEC. 2134. PLUG-IN ELECTRIC DRIVE VEHICLE authority or utility; cient and appropriate charging infrastruc- TECHNICAL ADVISORY COMMITTEE. ‘‘(ii) require that charging infrastructure ture. (a) IN GENERAL.—There is established the deployed is interoperable with products of (2) REPORT.—Not later than 2 years after Plug-in Electric Drive Vehicle Technical Ad- all auto manufacturers to the maximum ex- the date of enactment of this Act and bienni- visory Committee to advise the Secretary on tent practicable; and ally thereafter, the Secretary shall submit the programs and activities under this title.

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(b) MISSION.—The mission of the Com- (2) coordinate efforts, to the maximum ex- that are attributable to Federal programs mittee shall be to advise the Secretary on tent practicable, with all existing inde- (including laws, regulations, and guidelines). technical matters, including— pendent, departmental, and other advisory (d) AGENCY COOPERATION.—A Federal agen- (1) the priorities for research and develop- Committees, as determined to be appropriate cy— ment; by the Secretary. (1) shall cooperate with the Task Force; (2) means of accelerating the deployment (g) SUPPORT.—The Secretary shall provide and of safe, economical, and efficient plug-in to the Committee the resources necessary to (2) provide, on request of the Task Force, electric drive vehicles for mass market adop- carry out this section, as determined to be appropriate assistance in carrying out this tion; necessary by the Secretary. section, in accordance with applicable Fed- (3) the development and deployment of SEC. 2135. PLUG-IN ELECTRIC DRIVE VEHICLE eral laws (including regulations). charging infrastructure; INTERAGENCY TASK FORCE. (a) IN GENERAL.—Not later than 120 days DIVISION C—CLEAN ENERGY JOBS AND (4) the development of uniform codes, CONSUMER SAVINGS standards, and safety protocols for plug-in after the date of enactment of this Act, the electric drive vehicles and charging infra- President shall establish the Plug-in Electric TITLE XXX—HOME STAR RETROFIT structure; and Drive Vehicle Interagency Task Force, to be REBATE PROGRAM (5) reporting on the competitiveness of the chaired by the Secretary and which shall SEC. 3001. SHORT TITLE. United States in plug-in electric drive vehi- consist of at least 1 representative from each This title may be cited as the ‘‘Home Star of— cle and infrastructure research, manufac- Retrofit Act of 2010’’. (1) the Office of Science and Technology turing, and deployment. Policy; SEC. 3002. DEFINITIONS. (c) MEMBERSHIP.— (2) the Council on Environmental Quality; In this title: (1) MEMBERS.— (3) the Department of Energy; (1) ACCREDITED CONTRACTOR.—The term (A) IN GENERAL.—The Committee shall con- (4) the Department of Transportation; ‘‘accredited contractor’’ means a residential sist of not less than 12, but not more than 25, (5) the Department of Defense; energy efficiency contractor that meets the members. (6) the Department of Commerce (including minimum applicable requirements estab- (B) REPRESENTATION.—The Secretary shall the National Institute of Standards and lished under subsections (a) and (b) of sec- appoint the members to Committee from Technology); tion 3004. among representatives of— (7) the Environmental Protection Agency; (2) ADMINISTRATOR.—The term ‘‘Adminis- (i) domestic industry; (8) the General Services Administration; trator’’ means the Administrator of the En- (ii) institutions of higher education; and vironmental Protection Agency. (iii) professional societies; (9) any other Federal agencies that the (3) BPI.—The term ‘‘BPI’’ means the Build- (iv) Federal, State, and local governmental President determines to be appropriate. ing Performance Institute. agencies (including the National Labora- (b) MISSION.—The mission of the Task (4) CERTIFIED WORKFORCE.—The term ‘‘cer- tories); and Force shall be to ensure awareness, coordina- tified workforce’’ means a residential effi- (v) financial, transportation, labor, envi- tion, and integration of the activities of the ciency construction workforce in which all ronmental, electric utility, or other appro- Federal Government relating to plug-in elec- persons performing installation work in the priate organizations or individuals with di- tric drive vehicles, including— areas of building envelope retrofits, duct rect experience in deploying and marketing (1) plug-in electric drive vehicle research sealing, or any other additional skill cat- plug-in electric drive vehicles, as the Sec- and development (including necessary com- egory designated by the Secretary of Labor, retary determines to be necessary. ponents); in consultation with stakeholders and the (2) TERMS.— (2) the development of widely accepted Secretary of Energy, are certified through an (A) IN GENERAL.—The term of a Committee smart-grid standards and protocols for existing certification that covers the appro- member shall not be longer than 3 years. charging infrastructure; priate job skills under— (B) STAGGERED TERMS.—The Secretary may (3) the relationship of plug-in electric drive (A) an applicable third party skills stand- appoint members to the Committee for dif- vehicle charging practices to electric utility ard established— fering term lengths to ensure continuity in regulation; (i) by the BPI; the functioning of the Committee. (4) the relationship of plug-in electric drive (ii) by the North American Technician Ex- (C) REAPPOINTMENTS.—A member of the vehicle deployment to system reliability and cellence; Committee whose term is expiring may be security; (iii) by the Laborers’ International Union reappointed. (5) the general deployment of plug-in elec- of North America; (3) CHAIRPERSON.—The Committee shall tric drive vehicles in the Federal, State, and (B) an applicable third party skills stand- have a chairperson, who shall be elected by local governments and for private use; ard established in the State in which the and from the members. (6) the development of uniform codes, work is to be performed, pursuant to a pro- (d) REVIEW.—The Committee shall review standards, and safety protocols for plug-in gram operated by the Home Builders Insti- and make recommendations to the Secretary electric drive vehicles and charging infra- tute in connection with Ferris State Univer- on the implementation of programs and ac- structure; and sity, to be effective beginning on the date tivities under this title. (7) the alignment of international plug-in that is 30 days after the date notice is pro- (e) RESPONSE.— electric drive vehicle standards. vided by those organizations to the Sec- (1) IN GENERAL.—The Secretary shall con- (c) ACTIVITIES.— retary that the program has been established sider and may adopt any recommendation of (1) IN GENERAL.—In carrying out this sec- in the State unless the Secretary deter- the Committee under subsection (c). tion, the Task Force may— mines, not later than 30 days after the date (2) BIENNIAL REPORT.— (A) organize workshops and conferences; of the notice, that the standard or certifi- (A) IN GENERAL.—Not later than 2 years (B) issue publications; and cation does not equal in quality the stand- after the date of enactment of this Act and (C) create databases. ards and certifications described in subpara- every 2 years thereafter, the Secretary shall (2) MANDATORY ACTIVITIES.—In carrying graph (A); or submit to the appropriate committees of out this section, the Task Force shall— (C) other standards that the Secretary Congress a report describing any new rec- (A) foster the exchange of generic, non- shall approve not later than 30 days after the ommendations of the Committee. proprietary information and technology date of submission, in consultation with the (B) CONTENTS.—The report shall include— among industry, academia, and the Federal Secretary of Labor and the Administrator. (i) a description of the manner in which Government; (5) CONDITIONED SPACE.—The term ‘‘condi- the Secretary has implemented or plans to (B) integrate and disseminate technical tioned space’’ means the area of a home that implement the recommendations of the Com- and other information made available as a is— mittee; or result of the programs and activities under (A) intended for habitation; and (ii) an explanation of the reason that a rec- this title; (B) intentionally heated or cooled. ommendation of the Committee has not been (C) support education about plug-in elec- (6) CONTRACTOR.—The term ‘‘contractor’’ implemented. tric drive vehicles; means a residential efficiency contracting (C) TIMING.—The report described in this (D) monitor, analyze, and report on the ef- business entity. paragraph shall be submitted by the Sec- fects of plug-in electric drive vehicle deploy- (7) DOE.—The term ‘‘DOE’’ means the De- retary at the same time the President sub- ment on the environment and public health, partment of Energy. mits the budget proposal for the Department including air emissions from vehicles and (8) ELECTRIC UTILITY.—The term ‘‘electric of Energy to Congress. electricity generating units; and utility’’ means any person or State agency (f) COORDINATION.—The Committee shall— (E) review and report on— that delivers or sells electric energy at re- (1) hold joint annual meetings with the Hy- (i) opportunities to use Federal programs tail, including nonregulated utilities and drogen and Fuel Cell Technical Advisory (including laws, regulations, and guidelines) utilities that are subject to State regulation Committee established by section 807 of the to promote the deployment of plug-in elec- and Federal power marketing administra- Energy Policy Act of 2005 (42 U.S.C. 16156) to tric drive vehicles; and tions. help coordinate the work and recommenda- (ii) any barriers to the deployment of plug- (9) EPA.—The term ‘‘EPA’’ means the En- tions of the Committees; and in electric drive vehicles, including barriers vironmental Protection Agency.

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(10) FEDERAL REBATE PROCESSING SYSTEM.— Program’’ means the Silver Star Home Ret- (i) the total number of rebate claims ap- The term ‘‘Federal Rebate Processing Sys- rofit Program established under section 3007. proved for reimbursement; and tem’’ means the Federal Rebate Processing (26) STATE.—The term ‘‘State’’ means— (ii) the total amount of funds disbursed for System established under section 3003(b). (A) a State; rebates. (11) GOLD STAR HOME RETROFIT PROGRAM.— (B) the District of Columbia; (D) PROGRAM ADJUSTMENT OR TERMI- The term ‘‘Gold Star Home Retrofit Pro- (C) the Commonwealth of Puerto Rico; NATION.—Based on the information described gram’’ means the Gold Star Home Retrofit (D) Guam; in subparagraph (C), the Secretary shall an- Program established under section 3008. (E) American Samoa; nounce a termination date and reserve fund- (12) HOME.—The term ‘‘home’’ means a (F) the Commonwealth of the Northern ing to process the rebate applications that principal residential dwelling unit in a build- Mariana Islands; are in the Federal Rebate Processing System ing with no more than 4 dwelling units (G) the United States Virgin Islands; and prior to the termination date to ensure that that— (H) any other territory or possession of the all valid applications made to the program (A) is located in the United States; and United States. for rebate reimbursement are paid. (B) was constructed before the date of en- (27) TARGETED WORKER.—The term ‘‘tar- (2) MODEL FORMS.—In carrying out this sec- actment of this Act. geted worker’’ means— tion, the Secretary shall consider the model (13) HOMEOWNER.—The term ‘‘homeowner’’ (A) an individual who (as determined by forms developed by the National Home Per- means the resident or non-resident owner of the Secretary of Labor, in consultation with formance Council. record of a home. the Secretary of Energy)— (c) ADMINISTRATIVE AND TECHNICAL SUP- (14) HOME STAR LOAN PROGRAM.—The term (i) is old enough to be employed under the PORT.—Effective beginning not later than 30 ‘‘Home Star loan program’’ means the Home Fair Labor Standards Act of 1938 (29 U.S.C. days after the date of enactment of this Act, Star efficiency loan program established 201 et seq.) and State law; the Secretary shall provide such administrative and technical support to rebate under section 3015(a). (ii) resides in an area with high or chronic aggregators and States as is necessary to (15) HOME STAR RETROFIT REBATE PRO- unemployment and low median household in- carry out this title. GRAM.—The term ‘‘Home Star Retrofit Re- comes; and (iii) is unemployed or underemployed; or (d) PUBLIC INFORMATION CAMPAIGN.—Not bate Program’’ means the Home Star Ret- later than 60 days after the date of enact- rofit Rebate Program established under sec- (B) a veteran of Operation Iraqi Freedom or Operation Enduring Freedom. ment of this Act, the Administrator shall de- tion 3003(a). velop and implement a public education (28) VENDOR.—The term ‘‘vendor’’ means (16) INDIAN TRIBE.—The term ‘‘Indian campaign that describes, at a minimum— any retailer that sells directly to home- tribe’’ has the meaning given the term in (1) the benefits of home energy and water- owners and contractors the materials used section 4 of the Indian Self-Determination saving retrofits; for the savings measures under section 3007. and Education Assistance Act (25 U.S.C. (2) the availability of rebates for— (29) WATERSENSE PRODUCT OR SERVICE.—The 450b). (A) the installation of qualifying efficiency term ‘‘WaterSense product or service’’ means (17) NATURAL GAS UTILITY.—The term ‘‘nat- measures; and a water-efficient product or service that ural gas utility’’ means any person or State (B) whole home efficiency improvements; meets specifications established by the Ad- agency that transports, distributes, or sells and ministrator under the WaterSense Program natural gas at retail, including nonregulated (3) the requirements for qualified contrac- of the Environmental Protection Agency. utilities and utilities that are subject to tors and accredited contractors. State regulation. SEC. 3003. HOME STAR RETROFIT REBATE PRO- (e) LIMITATION.—Silver Star rebates pro- (18) QUALIFIED CONTRACTOR.—The term GRAM. vided under section 3007 and Gold Star re- ‘‘qualified contractor’’ means a contractor (a) IN GENERAL.—The Secretary shall es- bates provided under section 3008 may be that meets minimum applicable require- tablish the Home Star Retrofit Rebate Pro- provided for the same home only if— ments established under section 3004(a). gram. (1) Silver Star rebates are awarded prior to (19) QUALITY ASSURANCE FRAMEWORK.—The (b) FEDERAL REBATE PROCESSING SYSTEM.— Gold Star rebates; term ‘‘quality assurance framework’’ means (1) REQUIREMENTS.— (2) savings obtained from measures under a policy adopted by a State to develop high (A) IN GENERAL.—Not later than 30 days the Silver Star Home Retrofit Program are standards for ensuring quality in ongoing ef- after the date of enactment of this Act, the not counted towards the simulated savings ficiency retrofit activities in which the Secretary, in consultation with the Sec- that determine the value of a rebate under State has a role, including operation of the retary of the Treasury and the Adminis- the Gold Star Home Retrofit Program; and quality assurance program and creating sig- trator, shall— (3) the combined Silver Star and Gold Star nificant employment opportunities, in par- (i) establish a Federal Rebate Processing rebates provided to the individual home- ticular for targeted workers. System which shall serve as a database and owner do not exceed $8,000. (20) QUALITY ASSURANCE PROGRAM.— information technology system that will (f) AVAILABILITY.—Not later than 90 days (A) IN GENERAL.—The term ‘‘quality assur- allow rebate aggregators to submit claims after the date of enactment of this Act, the ance program’’ means a program established for reimbursement using standard data pro- Secretary shall ensure that Home Star ret- under this title or recognized by the Sec- tocols; rofit rebates are available to all homeowners retary under this title, to oversee the deliv- (ii) establish a national retrofit website in the United States to the maximum extent ery of home efficiency retrofit programs to that provides information on the Home Star practicable. ensure that work is performed in accordance Retrofit Rebate Program, including— SEC. 3004. CONTRACTORS. with standards and criteria established (I) how to determine whether particular ef- (a) CONTRACTOR QUALIFICATIONS FOR SILVER under this title. ficiency measures are eligible for rebates; STAR HOME RETROFIT PROGRAM.—A con- (B) INCLUSIONS.—For purposes of subpara- and tractor may perform retrofit work under the graph (A), delivery of retrofit programs in- (II) how to participate in the program; Silver Star Home Retrofit Program only if cludes delivery of quality assurance reviews (iii) make available, on a designated the contractor meets or provides— of rebate applications and field inspections website, model forms for compliance with all (1) all applicable contractor licensing re- for a portion of customers receiving rebates applicable requirements of this title, to be quirements established by the applicable and conducted by a quality assurance pro- submitted by— State or, if none exist at the State level, the vider, with the consent of participating con- (I) each qualified contractor on completion Secretary; sumers and without delaying rebate pay- of an eligible home retrofit; (2) insurance coverage of at least $1,000,000 ments to participating contractors. (II) each quality assurance provider on for general liability, and for such other pur- (21) QUALITY ASSURANCE PROVIDER.—The completion of field verification; and poses and in such other amounts as required term ‘‘quality assurance provider’’ means (III) each purchaser of a WaterSense prod- by the State; any entity that meets the minimum applica- uct or service; and (3) warranties to homeowners that com- ble requirements established under section (iv) subject to section 3016, provide such pleted work will— 3006. administrative and technical support to re- (A) be free of significant defects; (22) REBATE AGGREGATOR.—The term ‘‘rebate aggregators and States as is necessary (B) be installed in accordance with the bate aggregator’’ means an entity that to carry out this title. specifications of the manufacturer; and meets the requirements of section 3005. (B) DISTRIBUTION OF FUNDS.—Not later than (C) perform properly for a period of at least (23) RESNET.—The term ‘‘RESNET’’ 10 days after the date of receipt of bundled 1 year after the date of completion of the means the Residential Energy Services Net- rebate applications from a rebate work; work, which is a nonprofit certification and aggregator, the Secretary shall distribute (4) an agreement to provide the owner of a standard setting organization for home en- funds to the rebate aggregator on approved home, through a discount, the full economic ergy raters that evaluate the energy per- claims for reimbursement made to the Fed- value of all rebates received under this title formance of a home. eral Rebate Processing System. with respect to the home; and (24) SECRETARY.—The term ‘‘Secretary’’ (C) FUNDING AVAILABILITY.—The Secretary (5) an agreement to provide the home- means the Secretary of Energy. shall post, on a weekly basis, on the national owner, before a contract is executed between (25) SILVER STAR HOME RETROFIT PRO- retrofit website established under subpara- the contractor and a homeowner covering GRAM.—The term ‘‘Silver Star Home Retrofit graph (A)(ii) information on— the eligible work, a notice of —

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(A) the rebate amount the contractor in- (b) RESPONSIBILITIES.—Rebate aggregators SEC. 3006. QUALITY ASSURANCE PROVIDERS. tends to apply for with respect to eligible shall— (a) IN GENERAL.—An entity shall be consid- work under this title; and (1) review the proposed rebate application ered a quality assurance provider under this (B) the means by which the rebate will be for completeness and accuracy; title if the entity— passed through as a discount to the home- (2) review measures under the Silver Star (1) is independent of the contractor; owner. Home Retrofit Program and savings under (2) confirms the qualifications of contrac- (b) CONTRACTOR QUALIFICATIONS FOR GOLD the Gold Star Home Retrofit Program for tors or installers of home efficiency retro- STAR HOME RETROFIT PROGRAM.— eligibility in accordance with this title; fits; (1) IN GENERAL.—A contractor may perform (3) provide data to the Federal Data Proc- (3) confirms compliance with the require- retrofit work under the Gold Star Home Ret- essing Center consistent with data protocols ments of a ‘‘certified workforce’’; and rofit Program only if the contractor— established by the Secretary; and (4) performs field inspections and other (A) meets the requirements for qualified (4) distribute funds received from DOE to measures required to confirm the compliance contractors under subsection (a); contractors, vendors, or other persons. of the retrofit work under the Silver Star (B) is accredited— program, and the retrofit work and the use (i) by the BPI; or (c) PROCESSING REBATE APPLICATIONS.—A of software simulation savings under the (ii) under other standards that the Sec- rebate aggregator shall— Gold Star program, based on the require- retary shall approve not later than 30 days (1) submit the rebate application to the ments of this title. after the date of submission, in consultation Federal Rebate Processing Center not later (b) INCLUSIONS.—An entity shall be consid- with the Administrator, under an equivalent than 14 days after the date of receipt of a re- ered a quality assurance provider under this accreditation approved by the Secretary bate application from a contractor; and title if the entity is qualified through— under which the contractor, at a minimum— (2) distribute funds to the contractor not (1) the International Code Council; (I) educates the consumer on the value of later than 6 days after the date of receipt (2) the BPI; comprehensive energy retrofit work; from the Federal Rebate Processing System. (3) the RESNET; (II) meets whole house contracting stand- (d) ELIGIBILITY.—To be eligible to apply to (4) a State; ards in conducting home performance work the Secretary for approval as a rebate (5) a State-approved residential efficiency relating to home energy auditing, health and aggregator, an entity shall be— retrofit program; or safety testing, heating, air-conditioning, and (1) a Home Performance with Energy Star (6) any other entity designated by the Sec- heat pumps; partner; retary, in consultation with the Adminis- (III) employs sufficient levels of staff who (2) an entity administering a residential ef- trator. are certified to the standards covering the ficiency retrofit program established or ap- SEC. 3007. SILVER STAR HOME RETROFIT PRO- appropriate whole house energy audits and proved by a State; GRAM. retrofit upgrades; (3) a Federal Power Marketing Administra- (a) IN GENERAL.—If the energy-efficiency (IV) maintains calibrated diagnostic equip- tion, an electric utility, or a natural gas or water-saving retrofit of a home is carried ment for use in conducting energy retro- utility that has— out after the date of enactment of this Act fitting, assessment, and health and safety (A) an approved residential efficiency ret- in accordance with this section, a rebate testing on the house; rofit program; and shall be awarded for the energy or water sav- (V) records and maintains all project infor- (B) an established quality assurance pro- ings retrofit of a home for the installation of mation for review during the quality assur- vider network; or savings measures— ance inspection; (4) an entity that demonstrates to the Sec- (1) selected from the list of energy and (VI) maintains quality assurance records of retary that the entity can perform the func- water savings measures described in sub- internal reviews of the operation and per- tions of an rebate aggregator, without dis- section (b); formance of the business; rupting existing residential retrofits in the (2) installed in the home by a qualified (VII) adopts a customer dispute resolution States that are incorporating the Home Star contractor not later than 1 year after the policy that establishes a specific time line in Program, including demonstration of— date of enactment of this Act; resolving any disputes with the consumer; (A) corporate status or status as a State or (3) carried out in compliance with this sec- and local government; tion; and (VIII) meets such other standards as are (B) the capability to provide electronic (4) subject to the maximum amount limi- required by the Secretary; data to the Federal Rebate Processing Sys- tations established under subsection (d)(4). (b) ENERGY AND WATER SAVINGS MEAS- (C) except as provided in paragraph (2), ef- tem; fective 1 year after the date on which funds URES.—Subject to subsection (c), a rebate (C) a financial system that is capable of shall be awarded under this section for the are provided under this title, employs a cer- tracking the distribution of rebates to par- tified workforce; and installation of the following energy or water ticipating contractors; and savings measures for a home energy or water (D) effective beginning 1 year after the (D) coordination and cooperation by the date of enactment of this Act, meets all re- retrofit that meet technical standards estab- entity with the appropriate State office re- lished under this section: quirements of an applicable State quality as- garding participation in the existing effi- surance framework. (1) Whole house air-sealing measures (in- ciency programs that will be delivering the cluding interior and exterior measures and (2) EXCEPTION.—A contractor described in Home Star Program. paragraph (1)(C) may employ a person who is using sealants, caulks, insulating foams, gas- not certified to perform installation work (e) APPLICATION TO BECOME A REBATE kets, weather-stripping, mastics, and other covered under section 3002(4) if the em- AGGREGATOR.—Not later than 30 days after building materials), in accordance with BPI ployee— the date of receipt of an application of an en- standards or other procedures approved by (A) has not worked for the contractor or on tity seeking to become a rebate aggregator, the Secretary. Home Star projects for a period of more than the Secretary shall approve or deny the ap- (2) Attic insulation measures that— 180 days; plication on the basis of the eligibility cri- (A) include sealing of air leakage between (B) is supervised on each project by a fel- teria under subsection (d). the attic and the conditioned space, in accordance with BPI standards or the attic low employee who is certified under section (f) APPLICATION PRIORITY.—In reviewing portions of the DOE or EPA thermal bypass 3002(4) to perform the applicable covered applications from entities seeking to become checklist or other procedures approved by work; rebate aggregators, the Secretary shall give (C) is the only person who performs cov- the Secretary; priority to entities that commit— (B) add at least R–19 insulation to existing ered installation work on a project and has (1) to reviewing applications for participa- not been certified under section 3002(4); and insulation; tion in the program from all qualified con- (C) result in at least R–38 insulation in (D) is directly employed by the contractor tractors within a defined geographic region; or the subcontractor of the contractor, and DOE climate zones 1 through 4 and at least and R–49 insulation in DOE climate zones 5 not self employed, or employed through a (2) to processing rebate applications more temporary employment agency, staffing through 8, including existing insulation, rapidly than the minimum requirements es- within the limits of structural capacity; and service, or other intermediary. tablished under the program. (c) HEALTH AND SAFETY REQUIREMENTS.— (D) cover at least— Nothing in this title relieves any contractor (g) PUBLIC UTILITY COMMISSION EFFICIENCY (i) 100 percent of an accessible attic; or from the obligation to comply with applica- TARGETS.—The Secretary shall— (ii) 75 percent of the total conditioned foot- ble Federal, State, and local health and safe- (1) develop guidelines for States to use to print of the house. ty code requirements. allow utilities participating as rebate (3) Duct seal or replacement that— SEC. 3005. REBATE AGGREGATORS. aggregators to count the savings from the (A) is installed in accordance with BPI (a) IN GENERAL.—The Secretary shall de- participation of the utilities toward State- standards or other procedures approved by velop a network of rebate aggregators that level savings targets; and the Secretary; and can facilitate the delivery of rebates to par- (2) work with States to assist in the adop- (B) in the case of duct replacement, re- ticipating contractors and vendors for dis- tion of the guidelines for the purposes and places and seals at least 50 percent of a discounts provided to homeowners for effi- duration of the Home Star Retrofit Rebate tribution system of the home. ciency retrofit work. Program. (4) Wall insulation that—

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(A) is installed in accordance with BPI an existing boiler and not in conjunction (1) IN GENERAL.—Except as provided in standards or other procedures approved by with a new boiler. paragraphs (2) through (4), the amount of a the Secretary; (11) Air-conditioner or heat-pump replace- rebate provided under this section shall be (B) is to full-stud thickness; and ment with a new unit that— $1,000 per measure for the installation of sav- (C) covers at least 75 percent of the total (A) is installed in accordance with ANSI/ ings measures described in subsection (b) external wall area of the home. ACCA Standard 5 QI–2007; and (2) HIGHER REBATE AMOUNT.—Except as pro- (5) Crawl space insulation or basement wall (B) meets or exceeds— vided in paragraph (4), the amount of a re- and rim joist insulation that is installed in (i) in the case of an air-source conditioner, bate provided to the owner of a home or des- accordance with BPI standards or other pro- SEER 16 and EER 13; ignee under this section shall be $1,500 per cedures approved by the Secretary— (ii) in the case of an air-source heat pump, measure for— (A) covers at least 500 square feet of crawl SEER 15, EER 12.5, and HSPF 8.5; and (A) attic insulation and air sealing de- space or basement wall and adds at least— (iii) in the case of a geothermal heat pump, scribed in subsection (b)(2); (i) R–19 of cavity insulation or R–15 of con- Energy Star tier 2 efficiency requirements. (B) wall insulation described in subsection tinuous insulation to existing crawl space in- (12) Replacement of or with— (b)(4); sulation; or (A) a natural gas or propane water heater (C) a heating system described in sub- (ii) R–13 of cavity insulation or R–10 of with a condensing storage water heater with section (b)(9); and continuous insulation to basement walls; an energy factor of 0.80 or more or a con- (D) an air-conditioner or heat-pump re- and densing storage water heater or tankless placement described in subsection (b)(11). (3) LOWER REBATE AMOUNT.—Except as pro- (B) fully covers the rim joist with at least water heater with a thermal efficiency of 90 vided in paragraph (4), the amount of a re- R–10 of new continuous or R–13 of cavity in- percent or more; bate provided under this section shall be— sulation. (B) a tankless natural gas or propane water (A) $125 per door for the installation of up (6) Window replacement that replaces at heater with an energy factor of at least .82; to a maximum of 2 Energy Star doors de- least 8 exterior windows, or 75 percent of the (C) a natural gas or propane storage water scribed in subsection (b)(7) for each home; exterior windows in a home, whichever is heater with an energy factor of at least .67; (B) $125 per skylight for the installation of less, with windows that— (D) an indirect water heater with an insu- up to a maximum of 2 Energy Star skylights (A) are certified by the National Fenestra- lated storage tank that— (i) has a storage capacity of at least 30 gal- described in subsection (b)(8) for each home; tion Rating Council; and (C) $750 for a maximum of 1 natural gas or (B) comply with criteria applicable to win- lons and is insulated to at least R–16; and (ii) is installed in conjunction with a quali- propane tankless water heater described in dows under section 25(c) of the Internal Rev- subsection (b)(12)(B) for each home; enue Code of 1986. fying boiler described in paragraph (7); (E) an electric water heater with an energy (D) $450 for a maximum of 1 natural gas or (7) Door replacement that replaces at least propane storage water heater described in 1 exterior door with doors that comply with factor of 2.0 or more; (F) a water heater with a solar hot water subsection (b)(12)(C) for each home; criteria applicable to doors under the 2010 (E) $250 for rim joist insulation described Energy Star specification for doors. system that— (i) is certified by the Solar Rating and Cer- in subsection (b)(5)(B); (8) Skylight replacement that replaces at (F) $50 for each storm window described in tification Corporation under specification least 1 skylight with skylights that comply subsection (b)(13); SRCC-OG-300; or with criteria applicable to skylights under (G) $500 for a desuperheater described in (ii) meets technical standards established the 2010 Energy Star specification for sky- subsection (b)(12)(G)(ii); by the State of Hawaii; or lights. (H) $500 for a wood or pellet stove that has (G) a water heater installed in conjunction (9)(A) Heating system replacement with— a heating capacity of at least 28,000 BTU per with a qualifying geothermal heat pump de- (i) a natural gas or propane furnace with hour (using the upper end of the range listed scribed in paragraph (11) that provides do- an AFUE rating of 95 or greater; in the EPA list of Certified Wood Stoves) and mestic water heating through the use of— (ii) a natural gas or propane boiler with an meets all of the requirements of subsection (i) year-round demand water heating capa- AFUE rating of 90 or greater; (b)(9)(A)(v) other than the requirements in (iii) an oil furnace with an AFUE rating of bility; or items (aa) and (bb) of subsection 86 or greater and that uses an electrically (ii) a desuperheater. (b)(9)(A)(v)(I); commutated blower motor; (13) Storm windows that— (I) $250 for an automatic water tempera- (iv) an oil boiler with an AFUE rating of 86 (A) are installed on a least 5 single-glazed ture controller described in subsection or greater and that has temperature reset or windows that do not have storm windows; (b)(10); thermal purge controls; or (B) are installed in a home listed on or eli- (J) $500 for a roof described in subsection (v) a wood or wood pellet furnace, boiler, or gible for listing in the National Register of (b)(14); stove, if— Historic Places; and (K) $500 for window films described in sub- (I) the new system— (C) comply with any procedures that the section (b)(15); and (aa) meets at least 75 percent of the heat- Secretary may establish for storm windows (L) $150 for any combination of WaterSense ing demands of the home; and (including installation). products or services described in subsection (bb) in the case of a wood stove, replaces (14) Roof replacement that replaces at (b)(16), if the total cost of all WaterSense an existing wood stove with a stove that is least 75 percent of the roof area with energy- products or services is at least $300. saving roof products certified under the En- EPA-certified, if a voucher is provided by the (4) MAXIMUM AMOUNT.—The total amount installer or other responsible party certi- ergy Star program. of a rebate provided to the owner of a home fying that the old stove has been removed (15) Window films that are installed on at or designee under this section shall not ex- and made inoperable; least 8 exterior windows, doors, or skylights, ceed the lower of— (II) the home has a distribution system or 75 percent of the total exterior square (A) $3,000; (such as ducts, vents, blowers, or affixed footage of glass, whichever is more, in a (B) the sum of the amounts per measure fans) that allows heat from the wood stove, home with window films that— specified in paragraphs (1) through (3); furnace, or boiler to reach all or most parts (A) are certified by the National Fenestra- (C) 50 percent of the total cost of the in- of the home; and tion Rating Council; stalled measures; or (III) an independent test laboratory ap- (B) have a Solar Heat Gain Coefficient of (D) if the Secretary finds that the net proved by the Secretary or the Adminis- 0.43 or less with a visible light-to-solar heat value to the homeowner of the rebates is less trator certifies that the new system— gain ratio of at least 1.1 in 2009 International than the amount of the rebates, the actual (aa) has thermal efficiency (with a lower Energy Conservation Code climate zones 1 net value to the homeowner. heating value) of at least 75 percent for through 8; and (e) INSULATION PRODUCTS PURCHASED WITH- stoves and 80 percent for furnaces and boil- (C) are certified to reduce the U-factor of OUT INSTALLATION SERVICES.— ers; and the National Fenestration Rating Council (1) IN GENERAL.—A rebate shall be awarded (bb) has particulate emissions of less than dual pane reference window by 0.05 or greater under this section if— 3.0 grams per hour for wood stoves or pellet and are only applied to nonmetal frame dual (A) the measure— stoves, and less than 0.32 lbs per million BTU pane windows in 2009 International Energy (i) is— for outdoor boilers and furnaces. Conservation Code climate zones 4 through 8. (I) a whole house air-sealing measure de- (B) A rebate may be provided under this (16) WaterSense products or services. scribed in subsection (b)(1); section for the replacement of a furnace or (c) INSTALLATION COSTS.—Measures de- (II) an attic insulation measure described boiler described in clauses (i) through (iv) of scribed in paragraphs (1) through (16) of sub- in subsection (b)(2); subparagraph (A) only if the new furnace or section (b) shall include expenditures for (III) a duct seal or replacement measure boiler is installed in accordance with ANSI/ labor and other installation-related costs described in subsection (b)(3); ACCA Standard 5 QI – 2007. (including venting system modification and (IV) a wall insulation measure described in (10) Automatic water temperature control- condensate disposal) properly allocable to subsection (b)(4); or lers that vary boiler water temperature in the onsite preparation, assembly, or original (V) a crawl space insulation measure or response to changes in outdoor temperature installation of the component. basement wall and rim joist insulation meas- or the demand for heat, if the retrofit is to (d) AMOUNT OF REBATE.— ure described in subsection (b)(5);

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(ii) is purchased by a homeowner for instal- (i) in addition to verifications conducted (3) MONITORING.—The Secretary— lation by the homeowner in a home identi- under subsection (f)(3); and (A) shall continuously monitor the soft- fied by the address of the homeowner; (ii) corrected in accordance with sub- ware packages used for determining rebates (iii) is identified and attributed to a spe- section (f)(4). under this section; and cific home in a submission by the vendor to (h) AUDITS.— (B) may disallow the use of software pro- a rebate aggregator; (1) IN GENERAL.—On making payment for a grams that improperly assess energy or (iv) is not part of— submission under this section, the Secretary water savings. (I) a savings measure described in para- shall review rebate requests to determine (4) ASSUMPTIONS AND TESTING.—The Sec- graphs (6) through (11) of subsection (b); and whether program requirements were met in retary may— (II) a retrofit for which a rebate is provided all respects. (A) establish simulation tool assumptions under the Gold Star Home Retrofit Program; (2) INCORRECT PAYMENT.—On a determina- for the establishment of the pre-retrofit en- and tion of the Secretary under paragraph (1) ergy or water consumption; (v) is not part of a savings measure de- that a payment was made incorrectly to a (B) require compliance with software per- scribed in paragraphs (1) through (5) in sub- party, the Secretary may— formance tests covering— section (b) for which the homeowner received (A) recoup the amount of the incorrect (i) mechanical system performance; or will receive contracting services; or payment; or (ii) duct distribution system efficiency; (B) educational material on proper instal- (B) withhold the amount of the incorrect (iii) hot water performance; or lation of the product is provided to the payment from the next payment made to the (iv) other measures; and homeowner, including material on air seal- party pursuant to a subsequent request. (C) require the simulation of pre-retrofit ing while insulating. SEC. 3008. GOLD STAR HOME RETROFIT PRO- energy or water usage to be bounded by me- (2) AMOUNT.—A rebate under this sub- GRAM. tered pre-retrofit energy or water usage. (a) IN GENERAL.—If the energy efficiency or section shall be awarded in an amount equal (5) RECOMMENDED MEASURES.—The simula- to 50 percent of the total cost of the products water savings retrofit of a home is carried tion tool shall have the ability at a min- out after the date of enactment of this Act described in paragraph (1), but not to exceed imum to assess the savings associated with by an accredited contractor in accordance $250 per home. all the measures for which incentives are with this section, a rebate shall be awarded (f) QUALIFICATION FOR REBATE UNDER SIL- specifically provided under the Silver Star for retrofits that achieve whole home energy VER STAR HOME RETROFIT PROGRAM.—On sub- Home Retrofit Program. mission of a claim by a rebate aggregator to or water savings. (6) QUANTIFICATION OF WATER SAVINGS.—Not the system established under section 3005, (b) AMOUNT OF REBATE.— later than 180 days after the date of enact- the Secretary shall provide reimbursement (1) ENERGY SAVINGS.—Subject to subsection ment of this Act, the Secretary, in consulta- to the rebate aggregator for reduced-cost en- (e), the amount of a rebate provided to the tion with the Administrator, shall make ergy-efficiency measures installed in a home, owner of a home or a designee of the owner if— for energy savings under this section shall public an approved methodology for use in (1) the measures undertaken for the ret- be— quantifying reductions in water consumption rofit are— (A) $3,000 for a 20-percent reduction in for the purpose of carrying out this section. (A) eligible measures described on the list whole home energy consumption; and (d) QUALIFICATION FOR REBATE UNDER GOLD established under subsection (b); (B) an additional $1,000 for each additional STAR HOME RETROFIT PROGRAM.—On submis- (B) installed properly in accordance with 5-percent reduction up to the lower of— sion of a claim by a rebate aggregator to the applicable technical specifications; and (i) $8,000; or system established under section 3005, the (C) installed by a qualified contractor; (ii) 50 percent of the total retrofit cost (in- Secretary shall provide reimbursement to (2) the amount of the rebate does not excluding the cost of audit and diagnostic pro- the rebate aggregator for reduced-cost ceed the maximum amount described in sub- cedures). whole-home retrofits, if— section (d)(4); (2) WATER SAVINGS.—Subject to subsection (1) the retrofit is performed by an accred- (3) not less than— (e), the amount of a rebate provided to the ited contractor; (A) 20 percent of the retrofits performed by owner of a home or a designee of the owner (2) the amount of the reimbursement is not each qualified contractor under this section for a reduction in water consumption under more than the amount described in sub- are randomly subject to a third-party field this section shall be— section (b); verification of all work associated with the (A) $500 for measures that achieve a 20-per- (3) documentation described in subsection retrofit by a quality assurance provider; or cent reduction in water consumption; and (c) is transmitted with the claim; (B) in the case of qualified contractor that (B) an additional $100 for each additional 5- (4) a home receiving a whole-home retrofit uses a certified workforce, 10 percent of the percent reduction in water consumption up is subject to random third-party field retrofits performed under this section are to the lower of— verification by a quality assurance provider randomly subject to a third-party field (i) $1,200; or in accordance with subsection (e); and verification of all work associated with the (ii) 50 percent of the total retrofit cost (in- (5)(A) the installed measures will be retrofit by a quality assurance provider; and cluding the cost of audit and diagnostic pro- brought into compliance with the specifica- (4)(A) the installed measures will be cedures). tions and quality standards for the Home brought into compliance with the specifica- (c) ENERGY AND WATER SAVINGS.— Star Retrofit Rebate Program, by the in- tions and quality standards for the Home (1) IN GENERAL.—Reductions in whole home stalling qualified contractor, at no addi- Star Retrofit Rebate Program, by the in- energy or water consumption under this sec- tional cost to the homeowner, not later than stalling qualified contractor, at no addition shall be determined by a comparison of 14 days after the date of notification of a de- tional cost to the homeowner, not later than the simulated energy or water consumption fect if a field verification by a quality assur- 14 days after the date of notification of a de- of the home before and after the retrofit of ance provider finds that corrective work is fect, if a field verification by a quality assur- the home. needed; ance provider finds that corrective work is (2) DOCUMENTATION.—The percent improve- (B) a subsequent quality assurance visit is needed; ment in energy or water consumption under conducted to evaluate the remedy not later (B) a subsequent quality assurance visit is this section shall be documented through— than 7 days after notification by the con- conducted to evaluate the remedy not later (A)(i) the use of a whole home simulation tractor that the defect has been corrected; than 7 days after notification by the con- software program that has been approved as and tractor that the defect has been corrected; a commercial alternative under the Weather- (C) notification of disposition of the visit and ization Assistance Program for Low-Income occurs not later than 7 days after the date of (C) notification of disposition of the visit Persons established under part A of title IV that visit. occurs not later than 7 days after the date of of the Energy Conservation and Production (e) VERIFICATION.— that visit. Act (42 U.S.C. 6861 et seq.); or (1) IN GENERAL.—Subject to paragraph (2), (g) HOMEOWNER COMPLAINTS.— (ii) a equivalent performance test estab- all work installed in a home receiving a (1) IN GENERAL.—During the 1-year war- lished by the Secretary, in consultation with whole-home retrofit by an accredited con- ranty period, a homeowner may make a com- the Administrator; or tractor under this section shall be subject to plaint under the quality assurance program (B)(i) the use of a whole home simulation random third-party field verification by a that compliance with the requirements of software program that has been approved quality assurance provider at a rate of— this section has not been achieved. under RESNET Publication No. 06–001 (or a (A) 15 percent; or (2) VERIFICATION.— successor publication approved by the Sec- (B) in the case of work performed by an ac- (A) IN GENERAL.—The quality assurance retary); credited contractor using a certified work- program shall provide that, on receiving a (ii) an equivalent performance test estab- force, 10 percent. complaint under paragraph (1), an inde- lished by the Secretary; or (2) VERIFICATION NOT REQUIRED.—A home pendent quality assurance provider shall (iii) a State-certified equivalent rating shall not be subject to random third-party conduct field verification on the retrofit network, as specified by IRS Notice 2008–35; field verification under this section if— work performed by the contractor. or (A) a post-retrofit home energy or water (B) ADMINISTRATION.—A verification under (iv) a HERS rating system required by rating is conducted by an eligible certifier in this paragraph shall be— State law. accordance with—

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(B) the eligible certifier is independent of of the office that is— (b) MODEL STATE PLANS.—The Secretary the qualified contractor or accredited con- (i) responsible for the development of the shall— tractor in accordance with RESNET Publica- plan under section 362 of that Act (42 U.S.C. (1) as soon as practicable after the date of tion No. 06–001 (or a successor publication 6322); and enactment of this Act, solicit the submission approved by the Secretary); and (ii) to the maximum extent practicable, of model State quality assurance framework (C) the rating includes field verification of conducting an existing efficiency program; plans that are consistent with this section; measures. and and (f) HOMEOWNER COMPLAINTS.— (C) in the case of a grant made to an Indian (2) not later than 60 days after the date of (1) IN GENERAL.—A homeowner may make a tribe, managed by an entity designated by enactment or the receipt of funding to carry complaint under the quality assurance pro- the Indian tribe to carry out a quality assur- out this title (whichever is later), approve 1 gram during the 1-year warranty period that ance program or a national quality assur- or more such model plans that incorporate compliance with the requirements of this ance program manager. nationally consistent high standards for op- section has not been achieved. (2) NONCOMPLIANCE.—If the Secretary de- tional use by States. (2) VERIFICATION.— termines that a State or Indian tribe has not (c) IMPLEMENTATION.—The State shall— (A) IN GENERAL.—The quality assurance provided or cannot provide adequate over- (1) develop a quality assurance framework program shall provide that, on receiving a sight over a quality assurance program to in consultation with industry stakeholders, complaint under paragraph (1), an inde- ensure compliance with this title, the Sec- including representatives of efficiency pro- pendent quality assurance provider shall retary may— gram managers, contractors, and environ- conduct field verification on the retrofit (A) withhold further quality assurance mental, efficiency, and labor organizations; work performed by the contractor. funds from the State or Indian tribe; and and (B) ADMINISTRATION.—A verification under (B) require that quality assurance pro- (2) implement the quality assurance frame- this paragraph shall be— viders operating in the State or by the In- work not later than 1 year after the date of (i) in addition to verifications conducted dian tribe be overseen by a national quality enactment of this Act. under subsection (e)(1); and assurance program manager selected by the (d) COMPONENTS.—The quality assurance (ii) corrected in accordance with sub- Secretary. framework established under this section section (e). (f) IMPLEMENTATION.—A State or Indian shall include— (g) AUDITS.— tribe that receives a grant under this section (1) a requirement that contractors per- (1) IN GENERAL.—On making payment for a may implement a quality assurance program forming covered retrofits meet— submission under this section, the Secretary through the State, the Indian tribe, or a (A) the accreditation, workforce certifi- shall review rebate requests to determine third party designated by the State or Indian cation, and all other requirements estab- whether program requirements were met in tribe, including— lished under section 3004(b); and all respects. (1) an energy or water service company; (B) minimum standards for accredited con- (2) INCORRECT PAYMENT.—On a determina- (2) an electric utility; tractors, including— tion of the Secretary under paragraph (1) (3) a natural gas utility; (i) compliance with applicable Federal, that a payment was made incorrectly to a (4) a third-party administrator designated State, and local laws; party, the Secretary may— by the State or Indian tribe; (ii) maintenance of records needed to (A) recoup the amount of the incorrect (5) a unit of local government; or verify compliance; and payment; or (6) a public or private water utility. (iii) use of independent contractors only (B) withhold the amount of the incorrect (g) PUBLIC-PRIVATE PARTNERSHIPS.—A when appropriately classified as such pursu- payment from the next payment made to the State or Indian tribe that receives a grant ant to Revenue Ruling 87–41 and section 530 party pursuant to a subsequent request. under this section are encouraged to form of the Revenue Act of 1978 and relevant State SEC. 3009. GRANTS TO STATES AND INDIAN partnerships with utilities, energy service law; TRIBES. companies, and other entities— (2) maintenance of a list of accredited con- (a) IN GENERAL.—A State or Indian tribe (1) to assist in marketing a program; tractors; that receives a grant under subsection (d) (2) to facilitate consumer financing; (3) requirements for maintenance and de- shall use the grant for— (3) to assist in implementation of the Sil- livery to the Federal Rebate Processing Sys- (1) administrative costs; ver Star Home Retrofit Program and the tem of information needed to verify compli- (2) oversight of quality assurance pro- Gold Star Home Retrofit Program, including ance and ensure appropriate compensation grams; installation of qualified retrofit measures; for quality assurance providers; (3) development and implementation of on- and (4) targets and realistic plans for— going quality assurance framework; (4) to assist in implementing quality assur- (A) the recruitment of minority- and (4) establishment and delivery of financing ance programs. women-owned small business enterprises; pilots in accordance with this title; (h) COORDINATION OF REBATE AND EXISTING (B) the employment of graduates of train- (5) coordination with existing residential STATE-SPONSORED PROGRAMS.— ing programs that primarily serve targeted retrofit programs and infrastructure devel- (1) IN GENERAL.—A State or Indian tribe workers; opment to assist deployment of the Home shall, to the maximum extent practicable, (C) the employment of targeted workers; Star program; prevent duplication through coordination of and (6) assisting in the delivery of services to a program authorized under this title with— (D) the availability of financial assistance rental units; and (A) the Energy Star appliance rebates pro- under the Home Star loan program to— (7) the costs of carrying out the respon- gram authorized under the American Recov- (i) public use microdata areas that have a sibilities of the State or Indian tribe under ery and Reinvestment Act of 2009 (Public poverty rate of 12 percent or more; and the Silver Star Home Retrofit Program and Law 111–5; 123 Stat. 115); and (ii) homeowners served by units of local the Gold Star Home Retrofit Program. (B) comparable programs planned or oper- government in jurisdictions that have an un- (b) INITIAL GRANTS.—Not later than 30 days ated by States, political subdivisions, elec- employment rate that is 2 percent higher after the date of enactment of this Act, the tric and natural gas utilities, Federal power than the national unemployment rate; Secretary shall make the initial grants marketing administrations, and Indian available under this section. (5) a plan to link workforce training for ef- tribes. (c) INDIAN TRIBES.—The Secretary shall re- ficiency retrofits with training for the broad- serve an appropriate amount of funding to be (2) EXISTING PROGRAMS.—In carrying out er range of skills and occupations in con- made available to carry out this section for this subsection, a State or Indian tribe struction or emerging clean energy indus- each fiscal year to make grants available to shall— tries; Indian tribes under this section. (A) give priority to— (6) quarterly reports to the Secretary on (d) STATE ALLOTMENTS.—From the (i) comprehensive retrofit programs in ex- the progress of implementation of the qual- amounts made available to carry out this istence on the date of enactment of this Act, ity assurance framework and any success in section for each fiscal year remaining after including programs under the supervision of meeting the targets and plans; and the reservation required under subsection State utility regulators; and (7) maintenance of a list of qualified qual- (c), the Secretary shall make grants avail- (ii) using Home Star funds made available ity assurance providers and minimum stand- able to States in accordance with section under this title to enhance and extend exist- ards for the quality assurance providers. 3016. ing programs; and (e) NONCOMPLIANCE.—If the Secretary de- (e) QUALITY ASSURANCE PROGRAMS.— (B) seek to enhance and extend existing termines that a State that has elected to im- (1) IN GENERAL.—A State or Indian tribe programs by coordinating with administra- plement a quality assurance program, but may use a grant made under this section to tors of the programs. has failed to plan, develop, or implement a

VerDate Mar 15 2010 02:28 Jul 29, 2010 Jkt 089060 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JY6.056 S28JYPT1 tjames on DSKG8SOYB1PROD with SENATE July 28, 2010 CONGRESSIONAL RECORD — SENATE S6435 quality assurance framework in accordance on a noncompetitive basis as the Secretary (1) shall not be considered taxable income with this section, the Secretary shall sus- considers necessary to carry out this title. to a homeowner; pend further grants for State administration (e) CONTRACTING.—In carrying out this (2) shall prohibit the consumer from apply- pursuant to section 3016(b)(1). title, the Secretary may waive all or part of ing for a tax credit allowed under section 25C (f) COORDINATION.—The Secretary shall any provision of the Competition in Con- or 25D of that Code for the same eligible take reasonable steps consistent with the ex- tracting Act of 1984 (Public Law 98–369; 98 measures performed in the home of the isting authority of the Secretary to promote Stat. 1175), an amendment made by that Act, homeowner; and coordination between State quality assur- or the Federal Acquisition Regulation on a (3) shall be considered a credit allowed ance frameworks and any residential retrofit determination that circumstances make under section 25C or 25D of that Code for pur- program funded in whole or in part by the compliance with the provisions contrary to poses of any limitation on the amount of the Secretary, which may include the adoption the public interest. credit under that section. of standards established under the quality (f) REGULATIONS.— (b) NOTICE.— assurance frameworks and the use of partici- (1) IN GENERAL.—Notwithstanding section (1) IN GENERAL.—A participating con- pating accredited contractors. 553 of title 5, United States Code, the Sec- tractor shall provide notice to a homeowner retary may issue regulations that the Sec- (g) EXCLUSIONS.—The quality assurance of the provisions of subsection (a) before eli- frameworks shall not apply to any measures retary, in the sole discretion of the Sec- gible work is performed in the home of the or activities under the Silver Star Home retary, determines necessary to carry out homeowner. Retrofit Program. the Home Star Retrofit Rebate Program. (2) NOTICE IN REBATE FORM.—A homeowner (2) DEADLINE.—If the Secretary determines SEC. 3011. REPORT. shall be notified of the provisions of sub- that regulations described in paragraph (1) section (a) in the appropriate rebate form de- (a) IN GENERAL.—Not later than 1 year are necessary, the regulations shall be issued after the date of enactment of this Act, the veloped by the Secretary, in consultation not later than 60 days after the date of the with the Secretary of the Treasury. Secretary shall submit to the Committee on enactment of this Act. Energy and Natural Resources of the Senate (3) AVAILABILITY OF REBATE FORM.—A par- (3) LIMITATIONS.— and the Committee on Energy and Commerce ticipating contractor shall obtain the rebate (A) IN GENERAL.—Subject to subparagraph of the House of Representatives a report on form on a designated website in accordance (B), the Secretary shall not use the author- with section 3003(b)(1)(A)(iii). the use of funds under this title. ity provided under this subsection— (b) CONTENTS.—The report shall include a SEC. 3014. PENALTIES. (i) to develop, adopt, or implement a public description of— (a) IN GENERAL.—It shall be unlawful for labeling system that rates and compares the (1) the savings produced as a result of this any person to violate this title (including energy or water performance of 1 home with title; any regulation issued under this title), other another home; or (2) the direct and indirect employment cre- than a violation as the result of a clerical (ii) to require the public disclosure of an ated as a result of the programs supported by error. energy or water performance evaluation or the funds provided under this title; (b) CIVIL PENALTY.—Any person who com- rating developed for any specific home. (3) the specific entities implementing the mits a violation of this title shall be liable (B) ADMINISTRATION.—Nothing in this para- efficiency programs; to the United States for a civil penalty in an graph precludes— (4) the beneficiaries who received the effi- amount that is not more than the higher of— (i) the computation, collection, or use by ciency improvements; (1) $15,000 for each violation; or the Secretary, rebate aggregators, quality (5) the manner in which funds provided (2) 3 times the value of any associated re- assurance providers, or States, for the pur- under this title were used; bate under this title. poses of carrying out sections 3007 and 3008, (c) ADMINISTRATION.—The Secretary may— (6) the sources (such as mortgage lenders, of information on the rating and comparison (1) assess and compromise a penalty im- utility companies, and local governments) of the energy and water performance of posed under subsection (b); and and types of financing used by the bene- homes with and without energy or water effi- (2) require from any entity the records and ficiaries to finance the retrofit expenses that ciency features or an energy or water per- inspections necessary to enforce this title. were not covered by grants provided under formance evaluation or rating; (d) EXCLUSION.—A State may bar a con- this title; and (ii) the use and publication of aggregate tractor from receiving receive rebates under (7) the results of verification requirements; data (without identifying individual homes this title if the contractor has committed re- and or participants) based on information repeated violations of this title. (8) any other information the Secretary ferred to in clause (i) to determine or dem- (e) FRAUD.—In addition to any civil pen- considers appropriate onstrate the performance of the Home Star alty, any person who commits a fraudulent (c) NONCOMPLIANCE.—If the Secretary de- program; or violation of this title shall be subject to termines that a rebate aggregator, State, or (iii) the provision of information referred criminal prosecution. Indian tribe has not provided the informa- to in clause (i) with respect to a specific SEC. 3015. HOME STAR EFFICIENCY LOAN PRO- tion required under this section, the Sec- home— GRAM. retary shall provide to the rebate (I) to the State, homeowner, quality assur- (a) DEFINITIONS.—In this section: aggregator, State, or Indian tribe a period of ance provider, rebate aggregator, or con- (1) ELIGIBLE PARTICIPANT.—The term ‘‘eli- at least 90 days to provide any necessary in- tractor performing retrofit work on that gible participant’’ means a homeowner who formation, subject to penalties imposed by home, or an entity providing Home Star receives financial assistance from a qualified the Secretary for entities other than States services, as necessary to enable carrying out financing entity to carry out energy or and Indian tribes, which may include with- this title; or water efficiency or renewable energy im- holding of funds or reduction of future grant (II) for purposes of prosecuting fraud or provements to an existing home or other res- amounts. abuse. idential building of the homeowner in ac- SEC. 3012. ADMINISTRATION. (4) WATERSENSE PRODUCTS OR SERVICES.—In cordance with the Gold Star Home Retrofit (a) IN GENERAL.—Subject to section 3016(b), issuing regulations under this subsection, Program or the Silver Star Home Retrofit not later than 30 days after the date of en- the Secretary shall coordinate with the Ad- Program. actment of this Act, the Secretary shall pro- ministrator to carry out the provisions of (2) PROGRAM.—The term ‘‘program’’ means vide such administrative and technical sup- the Home Star Retrofit Rebate Program re- the Home Star Efficiency Loan Program es- port to rebate aggregators, States, and In- lating to WaterSense products or services. tablished under subsection (b). dian tribes as is necessary to carry out the (g) INFORMATION COLLECTION.—Chapter 35 (3) QUALIFIED FINANCING ENTITY.—The term functions designated to States under this of title 44, United States Code, shall not ‘‘qualified financing entity’’ means a State, title. apply to any information collection require- political subdivision of a State, tribal gov- (b) APPOINTMENT OF PERSONNEL.—Notwith- ment necessary for the implementation of ernment, electric utility, natural gas utility, standing the provisions of title 5, United the Home Star Retrofit Rebate Program. nonprofit or community-based organization, States Code, governing appointments in the (h) ADJUSTMENT OF REBATE AMOUNTS.—Ef- energy service company, retailer, public competitive service and General Schedule fective beginning on the date that is 180 days water system, or any other qualified entity classifications and pay rates, the Secretary after the date of enactment of this Act, the that— may appoint such professional and adminis- Secretary may, after not less than 30 days (A) meets the eligibility requirements of trative personnel as the Secretary considers public notice, prospectively adjust the re- this section; and necessary to carry out this title. bate amounts provided in this section based (B) is designated by the Governor of a (c) RATE OF PAY.—The rate of pay for a on— State in accordance with subsection (e). person appointed under subsection (a) shall (1) the use of the Silver Star Home Retrofit (4) QUALIFIED LOAN PROGRAM MECHANISM.— not exceed the maximum rate payable for Program and the Gold Star Home Retrofit The term ‘‘qualified loan program mecha- GS–15 of the General Schedule under chapter Program; and nism’’ means a loan program that is— 53 of title 5, United States Code. (2) other program data. (A) administered by a qualified financing (d) CONSULTANTS.—Notwithstanding sec- SEC. 3013. TREATMENT OF REBATES. entity; and tion 303 of the Federal Property and Admin- (a) IN GENERAL.—For purposes of the Inter- (B) principally funded— istrative Services Act of 1949 (41 U.S.C. 253), nal Revenue Code of 1986, rebates received (i) by funds provided by or overseen by a the Secretary may retain such consultants for eligible measures under this title— State or local government; or

VerDate Mar 15 2010 02:28 Jul 29, 2010 Jkt 089060 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JY6.056 S28JYPT1 tjames on DSKG8SOYB1PROD with SENATE S6436 CONGRESSIONAL RECORD — SENATE July 28, 2010 (ii) through the energy loan program of the (1) interest rate reductions; ‘‘(B) determine an appropriate percentage Federal National Mortgage Association. (2) loan loss reserves or other forms of of loans in a portfolio to review in order to (b) ESTABLISHMENT.—The Secretary shall credit enhancement; confirm sound underwriting. establish a Home Star Efficiency Loan Pro- (3) revolving loan funds from which quali- ‘‘(4) ADMINISTRATION.—Subsections (c) and gram under which the Secretary shall make fied financing entities may offer direct (d)(3) of section 1702 and subsection (c) of funds available to States to support financial loans; or this section shall not apply to loan guaran- assistance provided by qualified financing (4) other debt instruments or financial tees made under this subsection.’’. entities for making, to existing homes, effi- products necessary— (j) TERMINATION OF EFFECTIVENESS.—The ciency improvements that qualify under the (A) to maximize leverage provided through authority provided by this section and the Gold Star Home Retrofit Program or the Sil- available funds; and amendments made by this section termi- ver Star Home Retrofit Program. (B) to support widespread deployment of nates effective on the date that is 2 years (c) ELIGIBILITY OF QUALIFIED FINANCING EN- efficiency finance programs. after the date of enactment of this Act. TITIES.—To be eligible to participate in the SEC. 3016. FUNDING. (g) USE OF REPAYMENT FUNDS.—In the case program, a qualified financing entity shall— (a) FUNDING.— of a revolving loan fund established by a (1) offer a financing product under which (1) IN GENERAL.—On October 1, 2010, out of eligible participants may pay over time for State described in subsection (f)(3), a quali- any funds in the Treasury not otherwise ap- the cost to the eligible participant (after all fied financing entity may use funds repaid by propriated, the Secretary of the Treasury applicable Federal, State, local, and other eligible participants under the program to shall transfer to the Secretary to carry out rebates or incentives are applied) of making provide financial assistance for additional el- this title $5,000,000,000, to remain available improvements described in subsection (b); igible participants to make improvements until September 30, 2012. described in subsection (b) in a manner that (2) require all financed improvements to be (2) RECEIPT AND ACCEPTANCE.—The Sec- performed by contractors in a manner that is consistent with this section or other such retary shall be entitled to receive, shall ac- meets minimum standards that are at least criteria as are prescribed by the State. cept, and shall use to carry out this title the as stringent as the standards provided under (h) PROGRAM EVALUATION.—Not later than funds transferred under paragraph (1), with- sections 3007 and 3008; and 1 year after the date of enactment of this out further appropriation. (3) establish standard underwriting criteria Act, the Secretary shall submit to Congress (3) MAINTENANCE OF FUNDING.—Funds pro- to determine the eligibility of program ap- a program evaluation that describes— vided under this section shall supplement plicants, which criteria shall be consistent (1) how many eligible participants have and not supplant any Federal and State with— participated in the program; funding provided to carry out efficiency pro- (A) with respect to unsecured consumer (2) how many jobs have been created grams in existence on the date of enactment loan programs, standard underwriting cri- through the program, directly and indi- of this Act. teria used under the energy loan program of rectly; (b) GRANTS TO STATES.— the Federal National Mortgage Association; (3) what steps could be taken to promote (1) IN GENERAL.—Of the amount provided or further deployment of energy and water effi- under subsection (a), $380,000,000 or not more (B) with respect to secured loans or other ciency and renewable energy retrofits; than 6 percent, whichever is less, shall be forms of financial assistance, commercially (4) the quantity of verifiable energy and used to carry out section 3009. recognized best practices applicable to the water savings, homeowner energy and water (2) DISTRIBUTION TO STATE ENERGY OF- form of financial assistance being provided bill savings, and other benefits of the pro- FICES.— (as determined by the designated entity ad- gram; and (A) IN GENERAL.—Not later than 30 days ministering the program in the State). (5) the performance of the programs car- after the date of enactment of this Act, the (d) ALLOCATION.—In making funds avail- ried out by qualified financing entities under Secretary shall— able to States for each fiscal year under this this section, including information on the (i) provide to State energy offices 25 per- section, the Secretary shall use the formula rate of default and repayment. cent of the funds described in paragraph (1); used to allocate funds to States to carry out and (i) CREDIT SUPPORT FOR FINANCING PRO- State energy conservation plans established (ii) determine a formula to provide the bal- GRAMS.—Section 1705 of the Energy Policy under part D of title III of the Energy Policy ance of funds to State energy offices through Act of 2005 (42 U.S.C. 16516) (as amended by a performance-based system. and Conservation Act (42 U.S.C. 6321 et seq.). section 2132(b)) is amended— (e) QUALIFIED FINANCING ENTITIES.—Before (B) ALLOCATION.— (1) in subsection (a), by adding at the end making funds available to a State under this (i) ALLOCATION FORMULA.—Funds described section, the Secretary shall require the Gov- the following: in subparagraph (A)(i) shall be made avail- ernor of the State to provide to the Sec- ‘‘(5) Energy and water efficiency projects, able in accordance with the allocation for- retary a letter of assurance that the State— including projects to retrofit residential, mula for State energy conservation plans es- (1) has 1 or more qualified financing enti- commercial, and industrial buildings, facili- tablished under part D of title III of the En- ties that meet the requirements of this sec- ties, and equipment, including financing pro- ergy Policy and Conservation Act (42 U.S.C. tion; grams that finance the retrofitting of resi- 6321 et seq.). dential, commercial, and industrial build- (2) has established a qualified loan pro- (ii) PERFORMANCE-BASED SYSTEM.—The bal- gram mechanism that— ings, facilities, and equipment.’’. ance of the funds described in subparagraph (A) includes a methodology to ensure cred- (2) by redesignating subsection (e) as sub- (A)(ii) shall be made available in accordance ible energy or water savings or renewable en- section (f); and with the performance-based system de- ergy generation; (3) by inserting after subsection (d) the fol- scribed in subparagraph (A)(ii) designed to (B) incorporates an effective repayment lowing: support the objectives of achieving efficiency mechanism, which may include— ‘‘(e) CREDIT SUPPORT FOR FINANCING PRO- gains, employment of underemployed work- (i) on-utility-bill repayment; GRAMS.— ers, and implementing quality assurance pro- (ii) tax assessment or other form of prop- ‘‘(1) IN GENERAL.—In the case of programs grams and frameworks in participating erty assessment financing; that finance the retrofitting of residential, States. (iii) municipal service charges; commercial, and industrial buildings, facili- (c) QUALITY ASSURANCE COSTS.— (iv) energy, water, or energy or water effi- ties, and equipment described in subsection (1) IN GENERAL.—Of the amount provided ciency services contracts; (a)(4), the Secretary may— under subsection (a), not more than 5 per- (v) efficiency power purchase agreements; ‘‘(A) offer loan guarantees for portfolios of cent shall be used to carry out the quality (vi) unsecured loans applying the under- debt obligations; and assurance provisions of this title. writing requirements of the energy loan pro- ‘‘(B) purchase or make commitments to (2) MANAGEMENT.—Funds provided under gram of the Federal National Mortgage Asso- purchase portfolios of debt obligations. this subsection shall be overseen by— ciation; or ‘‘(2) TERM.—Notwithstanding section (A) State energy offices described in sub- (vii) alternative contractual repayment 1702(f), the term of any debt obligation that section (b)(2); or mechanisms that have been demonstrated to receives credit support under this subsection (B) other entities determined by the Sec- have appropriate risk mitigation features; shall require full repayment over a period retary to be eligible to carry out quality as- and not to exceed the lesser of— surance functions under this title. (C) will provide, in a timely manner, all in- ‘‘(A) 30 years; and (3) DISTRIBUTION TO QUALITY ASSURANCE formation regarding the administration of ‘‘(B) the projected weighted average useful PROVIDERS OR REBATE AGGREGATORS.—The the program as the Secretary may require to life of the measure or system financed by the Secretary shall use funds provided under this permit the Secretary to meet the reporting debt obligation or portfolio of debt obliga- subsection to compensate quality assurance requirements of subsection (h). tions (as determined by the Secretary). providers, or rebate aggregators, for services (f) USE OF FUNDS.—Funds made available ‘‘(3) UNDERWRITING.—The Secretary may— under the Silver Star Home Retrofit Pro- to States under the program may be used to ‘‘(A) delegate underwriting responsibility gram or the Gold Star Home Retrofit Pro- support financing products offered by quali- for portfolios of debt obligations under this gram through the Federal Rebate Processing fied financing entities to eligible partici- subsection to financial institutions that Center based on the services provided to con- pants for eligible efficiency work, by pro- meet qualifications determined by the Sec- tractors under a quality assurance program viding— retary; and and rebate aggregation.

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(4) INCENTIVES.—The amount of incentives (2) ADJUSTMENT.—The Secretary may allo- amounts covered into the fund under section provided to quality assurance providers or cate technical assistance funding to assist 2 shall be available for expenditure to carry rebate aggregators shall be— States that, as determined by the Sec- out the purposes of this Act subject to appro- (A)(i) in the case of the Silver Star Home retary— priations, which may be made without fiscal Retrofit Program— (A) have not sufficiently benefitted from year limitation. (I) $25 per rebate review and submission the Home Star Retrofit Rebate Program; or ‘‘(4) FISCAL YEAR 2021 AND SUBSEQUENT FIS- provided under the program; and (B) in which rental units have not been CAL YEARS.—For fiscal year 2021 and each fis- (II) $150 for each field inspection conducted adequately served. cal year thereafter— under the program; and (j) RETURN OF UNDISBURSED FUNDS.— ‘‘(A) $500,000,000 of amounts covered into (ii) in the case of the Gold Star Home Ret- (1) SILVER STAR HOME RETROFIT PROGRAM.— the fund under section 2 shall be available to rofit Program— If the Secretary has not disbursed all the carry out the purposes of this Act, without (I) $35 for each rebate review and submis- funds available for rebates under the Silver further appropriation; and sion provided under the program; and Star Home Retrofit Program by the date ‘‘(B) the remainder of amounts covered (II) $300 for each field inspection conducted that is 1 year after the date of enactment of into the fund shall be available subject to ap- under the program; or this Act, any undisbursed funds shall be propriations, which may be made without (B) such other amounts as the Secretary made available to the Gold Star Home Ret- fiscal year limitation. considers necessary to carry out the quality rofit Program. ‘‘(b) USES.—Amounts made available for assurance provisions of this title. (2) GOLD STAR HOME RETROFIT PROGRAM.—If obligation or expenditure from the fund may (d) TRACKING OF REBATES AND EXPENDI- the Secretary has not disbursed all the funds be obligated or expended only as provided in TURES.—Of the amount provided under sub- available for rebates under the Gold Star this Act.’’. section (a), not more than $150,000,000 shall Home Retrofit Program by the date that is 2 (c) ALLOCATION OF LAND AND WATER CON- be used for costs associated with database years after the date of enactment of this SERVATION FUND FOR STATE AND FEDERAL systems to track rebates and expenditures Act, any undisbursed funds shall be returned PURPOSES.—Section 5 of the Land and Water under this title and related administrative to the Treasury. Conservation Fund Act of 1965 (16 U.S.C. 460l– 7) is amended— costs incurred by the Secretary. (k) FINANCING.—Of the amounts allocated (e) PUBLIC EDUCATION AND COORDINATION.— to the States under subsection (b), not less (1) in the first sentence, by inserting ‘‘or Of the amount provided under subsection (a), than $200,000,000 shall be used to carry out expenditures’’ after ‘‘appropriations’’; not more than $10,000,000 shall be used for the financing provisions of this title in ac- (2) in the second sentence— costs associated with public education and cordance with section 3015. (A) by inserting ‘‘or expenditures’’ after coordination with the Federal Energy Star ‘‘appropriations’’; and program incurred by the Administrator. DIVISION D—PROTECTING THE (B) by inserting before the period at the (f) INDIAN TRIBES.—Of the amount provided ENVIRONMENT end the following: ‘‘, including the amounts under subsection (a), the Secretary shall re- TITLE XL—LAND AND WATER CONSERVA- to be allocated from the fund for Federal and serve not more than 3 percent to make TION AUTHORIZATION AND FUNDING State purposes’’; and grants available to Indian tribes under this SEC. 4001. SHORT TITLE. (3) by striking ‘‘Those appropriations section. This title may be cited as the ‘‘Land and from’’ and all that follows through the end of (g) SILVER STAR HOME RETROFIT PRO- Water Conservation Authorization and Fund- the section. GRAM.— ing Act of 2010’’. (d) CONFORMING AMENDMENTS.—Section 6(b) (1) IN GENERAL.—In the case of the Silver of the Land and Water Conservation Fund Star Home Retrofit Program, of the amount SEC. 4002. PERMANENT AUTHORIZATION; FULL Act of 1965 (16 U.S.C. 460l–8(b)) is amended — FUNDING. provided under subsection (a) after funds are (1) in the matter preceding paragraph (1), (a) PURPOSES.—The purposes of the amend- provided in accordance with subsections (b) by inserting ‘‘or expended’’ after ‘‘appro- ments made by subsection (b) are— through (f), 2⁄3 of the remaining funds for the priated’’; (1) to provide consistent and reliable au- 1-year period beginning on the date of enact- (2) in paragraph (1)— thority for, and for the funding of, the land ment of this Act (less any amounts required (A) by inserting ‘‘or expenditures’’ after and water conservation fund established under subsection (f)) shall be used by the ‘‘appropriations’’; and under section 2 of the Land and Water Con- Secretary to provide rebates and incentives (B) by striking ‘‘; and’’ and inserting a pe- servation Fund Act of 1965 (16 U.S.C. 460l–5); authorized under the Silver Star Home Ret- riod; and and rofit Program. (3) in the first sentence of paragraph (2), by (2) to maximize the effectiveness of the (2) PRODUCTS PURCHASED WITHOUT INSTAL- inserting ‘‘or expenditure’’ after ‘‘appropria- fund for future generations. LATION SERVICES.—Of the amounts made tion’’. (b) AMENDMENTS.— available for the Silver Star Home Retrofit (e) FEDERAL LAND ACQUISITION PROJECTS.— (1) PERMANENT AUTHORIZATION.—Section 2 Program under this section, not more than Section 7(a) of the Land and Water Conserva- of the Land and Water Conservation Fund $250,000,000 shall be made available for re- tion Fund Act of 1965 (16 U.S.C. 460l–9(a)) is Act of 1965 (16 U.S.C. 460l–5) is amended— bates under section 3007(e). amended— (h) GOLD STAR HOME RETROFIT PROGRAM.— (A) in the matter preceding subsection (a), (1) by redesignating paragraphs (1) through (1) IN GENERAL.—In the case of the Gold by striking ‘‘During the period ending Sep- (3) as paragraphs (2) through (4), respec- Star Home Retrofit Program, of the amount tember 30, 2015, there’’ and inserting tively; provided under subsection (a) after funds are ‘‘There’’; and (2) in the matter preceding paragraph (2) provided in accordance with subsections (b) (B) in subsection (c)— (as redesignated by paragraph (1), by strik- (i) in paragraph (1), by striking ‘‘through through (g), 1⁄3 of the remaining funds for the ing ‘‘Moneys appropriated’’ and all that fol- 2-year period beginning on the date of enact- September 30, 2015’’; and lows through ‘‘subpurposes’’ and inserting ment of this Act (less any amounts required (ii) in paragraph (2), by striking ‘‘: Pro- the following: under subsection (f)) shall be used by the vided,’’ and all that follows through the end ‘‘(1) PRIORITY LIST.— Secretary to provide rebates and incentives of the sentence and inserting a period.. ‘‘(A) IN GENERAL.—The President shall authorized under the Gold Star Home Ret- (2) FULL FUNDING.—Section 3 of the Land transmit, as part of the annual budget pro- rofit Program. and Water Conservation Fund Act of 1965 (16 posal, a priority list for Federal land acquisi- (2) WATER EFFICIENCY RETROFITS.—Of the U.S.C. 460l–6) is amended to read as follows: tion projects. amounts made available for the Gold Star ‘‘SEC. 3. AVAILABILITY OF FUNDS. ‘‘(B) AVAILABILITY OF AMOUNTS.— Home Retrofit Program under this section, ‘‘(a) IN GENERAL.— ‘‘(i) IN GENERAL.—Amounts shall be made $70,000,000 shall be made available for rebates ‘‘(1) FISCAL YEARS 2011 THROUGH 2015.—For available from the fund, without further ap- for water efficiency retrofits under section each of fiscal years 2011 through 2015, propriation, on the date that is 15 days after 3008. $900,000,000 of amounts covered into the fund the date on which the Congress adjourns sine (i) PROGRAM REVIEW AND BACKSTOP FUND- under section 2 shall be available for expend- die for each year, for the projects on the pri- ING.— iture to carry out the purposes of this Act, ority list of the President, unless prior to (1) REVIEW AND ANALYSIS.— without further appropriation. that date, legislation is enacted establishing (A) IN GENERAL.—Not later than 180 days ‘‘(2) FISCAL YEAR 2016.—For fiscal year an alternate priority list, in which case after the date of enactment of this Act, the 2016— amounts from the fund shall be made avail- Secretary shall perform a State-by-State ‘‘(A) $425,000,000 of amounts covered into able, without further appropriation, for ex- analysis and review the distribution of Home the fund under section 2 shall be available penditure on the projects on the alternate Star retrofit rebates under this title. for expenditure to carry out the purposes of priority list. (B) RENTAL UNITS.—Not later than 120 days this Act, without further appropriation; and ‘‘(ii) ALTERNATE PRIORITY LIST.—If Con- after the date of enactment of this Act, the ‘‘(B) the remainder of amounts covered gress enacts legislation establishing an al- Secretary shall perform a review and anal- into the fund shall be available subject to ap- ternate priority list and the priority list pro- ysis, with input and review from the Sec- propriations, which may be made without vides for less than the amount made avail- retary of Housing and Urban Development, fiscal year limitation. able for that fiscal year under this sub- of the procedures for delivery of services to ‘‘(3) FISCAL YEARS 2017 THROUGH 2020.—For section, the difference between that amount rental units. each of fiscal years 2017 through 2020, and the amount required to fund projects on

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the alternate priority list shall be available (A) IN GENERAL.—The term ‘‘marine or mentality may be liable in rem for response for expenditure, without further appropria- aquatic refuge system resource’’ means any costs and damages under section 4103. tion, in accordance with the priority list living or nonliving part of a marine or aquat- (b) RESPONSE ACTIONS AND ASSESSMENT OF submitted by the President. ic regimen that is located within the bound- DAMAGES.— ‘‘(C) DUTIES OF SECRETARIES.— aries of a unit of— (1) IN GENERAL.—The Secretary shall take ‘‘(i) IN GENERAL.—In developing the annual (i) the National Wildlife Refuge System; or all necessary actions— land acquisition priority list required under (ii) the National Fish Hatchery System. (A) to prevent or minimize the destruction, subparagraph (A), the President shall require (B) EXCLUSION.—The term ‘‘marine or loss of, or injury to a refuge system resource; the Secretary of the Interior and the Sec- aquatic refuge system resource’’ does not in- or retary of Agriculture to develop the priority clude a resource owned by a non-Federal en- (B) to minimize the imminent risk of such list for the sites under the jurisdiction of tity. destruction, loss, or injury. that Secretary. (4) REFUGE SYSTEM RESOURCE.—The term (2) MONITORING.—The Secretary shall as- ‘‘(ii) CONSULTATION.—The Secretary of the ‘‘refuge system resource’’ means— sess and monitor damages to refuge system Interior and the Secretary of Agriculture (A) a Fish and Wildlife Service system re- resources. shall prepare the priority list described in source; and SEC. 4105. USE OF RECOVERED AMOUNTS. subparagraph (A) in consultation with the (B) a marine or aquatic refuge system re- (a) IN GENERAL.—Subject to subsections (b) head of each affected Federal agency. source. and (c), response costs and damages recov- ‘‘(iii) RECREATIONAL ACCESS.— (5) REGIMEN.—The term ‘‘regimen’’ means ered by the Secretary under this title or ‘‘(I) IN GENERAL.—In preparing the priority a water column and submerged land, up to amounts recovered by the Federal Govern- list under subparagraph (A), the Secretary of the high-tide or high-water line. ment under any Federal, State, or local law the Interior and the Secretary of Agriculture (6) RESPONSE COSTS.—The term ‘‘response (including regulations) or otherwise as a re- shall ensure that not less than 1.5 percent of costs’’ means the costs of actions taken by sult of damage to any living or nonliving re- the annual authorized funding amount is the Secretary— source located within a unit managed by the made available each year for projects that (A) to prevent or minimize destruction or United States Fish and Wildlife Service secure recreational public access to existing loss of or injury to refuge system resources; (other than resources owned by a non-Fed- Federal public land for hunting, fishing, and (B) to abate or minimize the imminent eral entity) shall be available to the Sec- other recreational purposes through ease- risk of such destruction, loss, or injury; or retary, without further appropriation— ments, rights-of-way, or fee title acquisi- (C) to monitor ongoing effects of incidents (1) to reimburse response costs and damage tions. causing such destruction, loss, or injury. assessments incurred by the Secretary or ‘‘(II) ACQUISITION OF LAND.—For each rec- SEC. 4103. LIABILITY. other Federal agencies as the Secretary con- reational access project carried out under (a) IN GENERAL.—Subject to subsection (c), siders appropriate; or subclause (I), the land or interest in land any person that destroys, damages, causes (2) to restore, replace, or acquire the equiv- shall be acquired by the Federal Government the loss of, or injures any refuge system re- alent of resources that were the subject of an only from willing sellers.’’; and source is liable to the United States for re- action and to monitor and study the re- (3) in paragraph (2) (as redesignated by sponse costs and damages resulting from the sources. paragraph (1)), by striking ‘‘For the acquisi- destruction, loss, or injury. (b) ACQUISITION.—No funds may be used tion of land’’ and all that follows through (b) LIABILITY IN REM.—Any instrumen- under subsection (a) to acquire any land, ‘‘as follows:’’ and inserting the following: tality (including a vessel, vehicle, aircraft, water, or interest or right in land or water ‘‘(3) USE OF FUNDS.—Amounts from the or other equipment) that destroys, causes unless the acquisition is— fund for the acquisition of land, waters, or the loss of, or injures any refuge system re- (1) specifically approved in advance in an interests in land or waters under this Act source shall be liable in rem to the United appropriations Act; and shall be used as follows:’’. States for response costs and damages re- (2) consistent with any limitations con- (f) CONFORMING AMENDMENT.—Section 9 of sulting from the destruction, loss, or injury tained in the organic law authorizing the ref- the Land and Water Conservation Fund Act to the same extent as a person is liable under uge unit. of 1965 (16 U.S.C. 460l–10a) is amended in the subsection (a). (c) EXCESS FUNDS.—Any amounts remain- first sentence by striking ‘‘section 7(a)(1) of (c) DEFENSES.—A person shall not be liable ing after expenditures pursuant to sub- this Act’’ and inserting ‘‘section 7(a)(2)’’. under this section if the person establishes section (a) shall be deposited into the gen- TITLE XLI—NATIONAL WILDLIFE REFUGE that— eral fund of the Treasury. SYSTEM RESOURCE PROTECTION (1) the destruction, loss of, or injury to the SEC. 4106. DONATIONS. SEC. 4101. SHORT TITLE. refuge system resource was caused solely by (a) IN GENERAL.—The Secretary may ac- This title may be cited as the ‘‘National an act of God or act of war, if the person except donations of money or services for ex- Wildlife Refuge System Resource Protection ercised due care to employ safety pre- penditure or employment to meet expected, Act of 2010’’. cautions and best management practices to immediate, or ongoing response costs. SEC. 4102. DEFINITIONS. minimize potential destruction, loss, or in- (b) AVAILABILITY.—The donations may be In this title: jury in advance of an act of God or act of expended or employed at any time after the (1) DAMAGES.—The term ‘‘damages’’ in- war; acceptance of the donation, without further cludes, when used in connection with com- (2) the person acted with due care, and the appropriation. pensation— destruction, loss of, or injury to the refuge TITLE XLII—GULF COAST ECOSYSTEM (A) compensation for— system resource was caused solely by an act RESTORATION (i)(I) the cost of replacing, restoring, reha- or omission of a third party, other than an SEC. 4201. GULF COAST ECOSYSTEM RESTORA- bilitating, or acquiring the equivalent of a employee or agent of the person; or TION. refuge system resource; and (3) the destruction, loss, or injury to the (a) DEFINITIONS.—In this section: (II) the value of any significant loss of use refuge system resource was caused by an ac- (1) COMPREHENSIVE PLAN.—The term ‘‘com- of a refuge system resource pending its res- tivity authorized by Federal or State law, if prehensive plan’’ means the comprehensive toration or replacement or the acquisition of the activity was conducted in accordance plan required by subsection (c). an equivalent resource; or with Federal and State law. (2) GOVERNORS.—The term ‘‘Governors’’ (ii) the value of the refuge system resource (d) SCOPE.—Liability under this section means the Governors of each of the States of if the resource cannot be replaced or re- shall be in addition to any other liability Alabama, Florida, Louisiana, and Mis- stored; and that may arise under Federal or State law. sissippi. (B) the cost of damage assessments under SEC. 4104. ACTIONS. (3) GULF COAST ECOSYSTEM.—The term this section. (a) CIVIL ACTIONS FOR RESPONSE COSTS AND ‘‘Gulf Coast ecosystem’’ means the coastal (2) FISH AND WILDLIFE SERVICE SYSTEM RE- DAMAGES.— zones (as determined pursuant to the Coastal SOURCE.— (1) IN GENERAL.—If the Secretary makes a Zone Management Act of 1972 (16 U.S.C. 1451 (A) IN GENERAL.—The term ‘‘Fish and Wild- finding of damage to a refuge system re- et seq.)) of the States of Alabama, Florida, life Service system resource’’ means any liv- source or makes a finding that, absent re- Louisiana, and Mississippi and adjacent ing or nonliving resource that is located sponse costs, damage to a refuge system re- State waters and areas of the outer Conti- within the boundaries of a unit of— source will occur and the Secretary requests nental Shelf, adversely impacted by the (i) the National Wildlife Refuge System; the Attorney General to initiate action, the blowout and explosion of the mobile offshore (ii) the National Fish Hatchery System; or Attorney General may commence a civil ac- drilling unit Deepwater Horizon that occurred (iii) other land managed by the United tion in the United States district court for on April 20, 2010, and resulting hydrocarbon States Fish and Wildlife Service. the appropriate district against any person releases into the environment. (B) EXCLUSION.—The term ‘‘Fish and Wild- that may be liable under section 4103 for re- (4) SECRETARY.—The term ‘‘Secretary’’ life Service system resource’’ does not in- sponse costs and damages. means the Secretary of the Interior. clude a resource owned by a non-Federal en- (2) REQUESTS FOR ACTION.—The Secretary (5) TASK FORCE.—The term ‘‘Task Force’’ tity. shall submit a request for an action de- means the Gulf Coast Ecosystem Restoration (3) MARINE OR AQUATIC REFUGE SYSTEM RE- scribed in paragraph (1) to the Attorney Gen- Task Force established by subsection (g). SOURCE.— eral if a person may be liable or an instru- (b) GULF COAST ECOSYSTEM RESTORATION.—

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(1) IN GENERAL.—The Chair of the Task (B) The Secretary of Commerce. ‘‘(2) DISCLOSURE IF NO STATE IMPLEMENTA- Force shall undertake restoration activities (C) The Secretary of the Army. TION.—If a State that permits oil and natural in the Gulf Coast ecosystem in accordance (D) The Attorney General. gas drilling does not require and make avail- with this section. (E) The Secretary of Homeland Security. able disclosures in accordance with para- (2) FUNDING.—Subject to appropriations, of (F) The Administrator of the Environ- graph (1) by December 31, 2011, or ceases to amounts in the Oil Spill Liability Trust mental Protection Agency. require and make available disclosures in ac- Fund, there shall be available to the Chair of (G) The Commandant of the Coast Guard. cordance with paragraph (1) after that date, the Task Force to carry out this section (H) The Secretary of Transportation. the operator of the oil or natural gas well in $2,500,000,000 for the period of fiscal years (I) The Secretary of Agriculture. the State shall make available to the public 2012 through 2021. (J) A representative of each affected Indian online, not later than 30 days after comple- (3) AUTHORIZED USES.—Amounts under tribe, appointed by the Secretary based on tion of drilling the well, the list of chemicals paragraph (2) shall be available to the Chair the recommendations of the tribal chairman. used in each hydraulic fracturing process of the Task Force for the conservation, pro- (K) 2 representatives of each of the States (identified by well location and number), in- tection, and restoration of the Gulf Coast of Alabama, Florida, Louisiana, and Mis- cluding the chemical constituents of mix- ecosystem in accordance with the com- sissippi, appointed by the Governor of each tures, Chemical Abstracts Service registry prehensive plan. State, respectively. numbers, and material safety data sheets. (c) COMPREHENSIVE PLAN.— (L) 2 representatives of local government ‘‘(b) PROPRIETARY CHEMICAL FORMULAS; (1) IN GENERAL.—Not later than 1 year after within each of the States of Alabama, Flor- MEDICAL EMERGENCIES.— the date of enactment of this Act and after ida, Louisiana, and Mississippi, appointed by ‘‘(1) IN GENERAL.—Except as provided in notice and opportunity for public comment, the Governor of each State, respectively. this subsection, this section does not require the Chair of the Task Force shall develop a (3) CHAIR.—The chair of the Task Force the disclosure of proprietary chemical for- proposed comprehensive plan for the purpose shall be a Federal official appointed by the mulas used in hydraulic fracturing. of long-term conservation, protection, and President. ‘‘(2) DISCLOSURE IN MEDICAL EMERGENCIES.— restoration of biological integrity, produc- (4) DUTIES.—The Task Force shall— ‘‘(A) IN GENERAL.—If the State or the Ad- tivity, and ecosystem functions in the Gulf (A) consult with, and provide recommenda- ministrator, or a treating physician or Coast ecosystem. tions to, the Chair of the Task Force during nurse, determines that a medical emergency (2) EXISTING PLANS.—The Chair of the Task development of the comprehensive plan; exists and the proprietary chemical for- Force shall incorporate, to the maximum ex- (B) coordinate the development of con- mulas, or the identity, of 1 or more chemical tent practicable, any applicable plans devel- sistent policies, strategies, plans, programs, constituents used in hydraulic fracturing is oped by local, State and Federal agencies for projects, activities, and priorities for ad- necessary for medical treatment, the person the restoration of coastal wetland and other dressing the restoration of the Gulf Coast using hydraulic fracturing shall immediately areas of the Gulf Coast ecosystem. ecosystem; disclose the proprietary chemical formulas (d) CRITICAL AND EMERGENCY RESTORATION (C) establish a Gulf Coast-based working or the identity of the chemical constituents PROJECTS AND ACTIVITIES.—If the Chair of group composed of representatives of mem- to the State, the Administrator, or that the Task Force, in cooperation with the Gov- bers of the Task Force and other local agen- treating physician or nurse, regardless of the ernors, determines that a restoration project cies and representatives as appropriate for existence of a written statement of need or a or activity will produce independent, imme- purposes of recommending, coordinating, and confidentiality agreement. implementing policies, programs, activities, diate, and substantial conservation, protec- ‘‘(B) STATEMENT OF NEED.—The person tion, or restoration benefits, and will be con- and projects to accomplish Gulf Coast eco- using hydraulic fracturing may require a sistent with overall restoration goals, the system restoration; written statement of need and a confiden- (D) coordinate scientific and other re- Chair of the Task Force shall proceed expedi- tiality agreement as soon thereafter as cir- search associated with restoration of the tiously with the implementation of the cumstances permit. Gulf Coast ecosystem; project or activity in accordance with laws ‘‘(c) THRESHOLDS INAPPLICABLE.—Threshold (including regulations) in existence on the (E) prepare an integrated financial plan limitations under this Act shall not apply to and coordinated budget requests for the date of enactment of this Act. disclosures made under this section.’’. funds proposed to be expended by the agen- (e) PRIORITY PROJECTS.— (b) ENFORCEMENT.—Section 325(c)(2) of the (1) LIST.— cies represented on the Task Force; and Emergency Planning and Community Right- (A) IN GENERAL.—The comprehensive plan (F) submit an annual report to Congress To-Know Act of 1986 (42 U.S.C. 11045(c)(2)) is that summarizes the activities of the Task shall include a list of specific projects to be amended by striking ‘‘section 311 or 323(b)’’ Force and the policies, plans, activities, and funded and carried out during the subsequent and inserting ‘‘section 311, 323(b), 331(a)(2), or projects for restoration of the Gulf Coast 3-year period. 331(b)’’. (B) PREREQUISITES.—Each project listed in ecosystem. the comprehensive plan shall be— (5) APPLICATION OF FEDERAL ADVISORY COM- TITLE XLIV—WATERSHED RESTORATION (i) consistent with the strategies identified MITTEE ACT.—The Task Force and the work- SEC. 4401. WATERSHED RESTORATION. in the comprehensive plan; and ing group established under paragraph (4)(C) (a) IN GENERAL.—The Secretary of Agri- (ii) cost-effective. shall not be considered to be advisory com- culture shall conduct a program of water- (C) UPDATES.—The Task Force shall update mittees under the Federal Advisory Com- shed restoration and job stabilization for the annually the list of projects in the committee Act (5 U.S.C. App.). purposes of— prehensive plan. (h) RELATIONSHIP TO OTHER LAW AND AU- (1) performing landscape scale restoration, (2) SELECTION.—The Task Force shall se- THORITY.—Nothing in this section preempts reducing hazardous fuels, increasing employ- lect projects and activities to carry out or otherwise affects any Federal law or lim- ment, and maintaining infrastructure in under this section— its the authority of any Federal agency. timber communities; or (A) based on the best available science; TITLE XLIII—HYDRAULIC FRACTURING (2) making biomass available for sustain- (B) without regard to geographic location; CHEMICALS able economic development. and SEC. 4301. DISCLOSURE OF HYDRAULIC FRAC- (b) ELIGIBLE PROJECTS.—The program con- (C) with the highest priority to projects TURING CHEMICALS. ducted under this section may include and activities that will achieve the greatest (a) DISCLOSURE.—Title III of the Emer- projects and activities for— contribution in restoring— gency Planning and Community Right-To- (1) preparing and implementing riparian (i) the ability of Gulf Coast ecosystems to Know Act of 1986 (42 U.S.C. 11041 et seq.) is corridor improvements; become self-sustaining; amended by adding at the end the following: (2) fish and wildlife habitat improvements; (ii) biological productivity; and ‘‘SEC. 331. DISCLOSURE OF HYDRAULIC FRAC- (3) invasive species eradications; (iii) ecosystem function in the Gulf of Mex- TURING CHEMICALS. (4) nonsystem road decommissioning; ico. ‘‘(a) IN GENERAL.— (5) appropriate road density achievement; (f) COST SHARING.—The Federal share of ‘‘(1) STATE AUTHORITY.—A State that per- (6) forest health improvements; and projects and activities conducted under this mits oil and natural gas drilling— (7) sustainable timber harvest and fuels section shall not exceed 65 percent, as deter- ‘‘(A) may require any person using hydrau- treatments, specifically for reducing the po- mined by the Task Force. lic fracturing for an oil or natural gas well in tential effects that fires pose to water qual- (g) GULF COAST ECOSYSTEM RESTORATION the State to disclose to the State, not later ity and communities. TASK FORCE.— than 30 days after completion of drilling the (c) FUNDING.—On October 1, 2010, out of any (1) IN GENERAL.—There is established the well, the list of chemicals used in each hy- funds in the Treasury not otherwise appro- Gulf Coast Ecosystem Restoration Task draulic fracturing process (identified by well priated, the Secretary of the Treasury shall Force. location and number), including the chem- transfer to the Secretary of Agriculture (2) MEMBERSHIP.—The Task Force shall ical constituents of mixtures, Chemical Ab- $75,000,000, to remain available until ex- consist of the following members or, in the stracts Service registry numbers, and mate- pended, for use in carrying out this section. case of a Federal agency, a designee at the rial safety data sheets; and (d) TERMINATION OF PROGRAM.—The pro- level of Assistant Secretary or the equiva- ‘‘(B) shall make any such disclosure avail- gram conducted under this section shall ter- lent: able to the public, including a posting of the minate on the date that is 10 years after the (A) The Secretary of the Interior. information online. date of enactment of this Act.

VerDate Mar 15 2010 02:49 Jul 29, 2010 Jkt 089060 PO 00000 Frm 00095 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JY6.057 S28JYPT1 tjames on DSKG8SOYB1PROD with SENATE S6440 CONGRESSIONAL RECORD — SENATE July 28, 2010 (e) NO EFFECT ON COMPLIANCE WITH Specifically, this legislation would ficult choices in these tough economic LAWS.—Nothing in this section affects or allow qualifying family operated farms times. limits the application of, or obligation to and ranches to defer estate taxes if the Let me share the story of a con- comply with, any law, including any public farm-related income of the decedent in stituent, Hannah Tangeman-Cheney, health or environmental law. the three years prior to death does not whose story illustrates the problem. DIVISION E—FISCAL RESPONSIBILITY exceed $750,000 annually, and the non- Hannah’s ranch in Susanville, Cali- SEC. 5001. MODIFICATIONS WITH RESPECT TO farm related income does not exceed fornia, has been owned by her family OIL SPILL LIABILITY TRUST FUND. $500,000 per year; the farm is passed since 1862, and run by women since (a) EXTENSION OF APPLICATION OF OIL SPILL down to a family member who has been LIABILITY TRUST FUND FINANCING RATE.— 1914. Paragraph (2) of section 4611(f) of the Inter- materially engaged in its management After her mother passed away, Han- nal Revenue Code of 1986 is amended by and operations for at least 5 years; the nah had to deal with the IRS, attor- striking ‘‘December 31, 2017’’ and inserting farm generated more than 50 percent of neys, and appraisers, during this dif- ‘‘December 31, 2020’’. the farm owner’s income, or comprised ficult period in her life. Her mother (b) INCREASE IN OIL SPILL LIABILITY TRUST more than 50 percent of the farm own- had a will and a trust, but there was FUND FINANCING RATE.—Subparagraph (B) of er’s estate at the time of death; the still a significant tax burden that Han- section 4611(c)(2) of the Internal Revenue farm was owned by the decedent for at nah and her sister had to deal with. Code of 1986 is amended to read as follows: least 5 years and is located within the ‘‘(B) the Oil Spill Liability Trust Fund fi- It took 2 years for Hannah and the nancing rate is 45 cents a barrel.’’. United States. IRS to reach agreement on the value of (c) INCREASE IN PER INCIDENT LIMITATIONS The family member inheriting the es- her ranch since their appraisers came ON EXPENDITURES.—Subparagraph (A) of sec- tate continues to use the land for farm- up with different numbers. tion 9509(c)(2) of the Internal Revenue Code ing purposes; and, at the time of his or Eventually, she reached agreement of 1986 is amended— her death, the decedent associated with with the IRS to pay the taxes off over (1) by striking ‘‘$1,000,000,000’’ in clause (i) the estate was a U.S. citizen or legal a ten-year period. and inserting ‘‘$5,000,000,000’’; resident of the United States. Facing these difficult circumstances, (2) by striking ‘‘$500,000,000’’ in clause (ii) The bill also includes a ‘‘recapture’’ and inserting ‘‘$2,500,000,000’’; and Hannah and her sister made the painful provision, to ensure that farm heirs are decision to harvest thousands of trees. (3) by striking ‘‘$1,000,000,000 PER INCIDENT, subject to strict oversight and must ETC’’ in the heading and inserting ‘‘PER INCI- In all, 13,157 trees were cut—far more DENT LIMITATIONS’’. pay taxes if at any time they sell the than they would have ever dreamed of (d) EFFECTIVE DATE.— land or cease to use the property for harvesting under any other cir- (1) EXTENSION OF FINANCING RATE.—Except farming. cumstances. as provided in paragraph (2), the amend- The bill would also encourage the Some of the trees took more than 100 ments made by this section shall take effect preservation of land and protect mil- years to grow, and the property had on the date of the enactment of this Act. lions of acres of open space and wildlife not been harvested since the 1950’s. (2) INCREASE IN FINANCING RATE.—The habitat. It does so by incorporating Eventually, she was able to pay off amendment made by subsection (b) shall legislation introduced in the House by apply to crude oil received and petroleum the taxes, but this was a very emo- Representative EARL BLUMENAUER to products entered during calendar quarters tional experience for Hannah and her beginning more than 60 days after the date of increase the limitation on the estate sister. the enactment of this Act. tax exclusion for conservation ease- They are both environmentally con- DIVISION F—MISCELLANEOUS ments to $5 million, up from $500,000. scious, and their ranch was even cer- Farm and ranch estates are esti- tified as part of the ‘‘Green Building’’ SEC. 6001. BUDGETARY EFFECTS. mated to be up to 20 times more likely The budgetary effects of this Act, for the program with the Forest Stewardship purpose of complying with the Statutory to face an estate tax burden than other Council. Pay-As-You-Go-Act of 2010, shall be deter- estates. Our legislation is designed to prevent Roughly one in 10 family farms and mined by reference to the latest statement these unintended consequences, and ranches confronted estate tax bills last titled ‘‘Budgetary Effects of PAYGO Legisla- provide relief to families wishing to tion’’ for this Act, submitted for printing in year, according to data from the U.S. keep their farms in operation. the Congressional Record by the Chairman of Department of Agriculture Economic By mandating a $750,000 cap on in- the Senate Budget Committee, provided that Research Service. such statement has been submitted prior to Let me explain why this is cause for come in order to qualify, we can ensure the vote on passage. concern, and why our legislation is so that this relief goes to those farmers who need it most, not to major agri- By Mrs. FEINSTEIN (for herself, important. Most of the financial value of a fam- businesses. Mr. CRAPO, Mr. UDALL of Colo- ily farm or ranch operation lies in its To be clear, many Americans have rado, Mr. BENNET, and Mrs. land. Assets such as specialized equip- suffered tremendously during this very BOXER): ment and production tools have limited difficult economic downturn. S. 3664. A bill to amend the Internal resale value and are not likely to But, some agricultural communities Revenue Code of 1986 to exempt certain quickly generate sufficient liquidity. have been hit especially hard. farmland from the estate tax, and for It is land—not securities or other Family farms in many of California’s other purposes; to the Committee on more-liquid assets—that comprises the most productive agricultural areas are Finance. lion’s share of many farmers’ assets. currently struggling just to make ends Mrs. FEINSTEIN. Mr. President, I So, many farmers are quite literally meet. rise today on behalf of myself and Sen- land rich, and cash poor. I come from the largest agricultural ators CRAPO, UDALL of Colorado, BEN- The property value of fertile farm- state in the country. NET of Colorado, and BOXER, to intro- land can appreciate greatly over time. California has suffered a crippling duce legislation that will help preserve For example, in 1997 the average farm three-year drought, and many growers the great tradition of the American real estate value was $926 per acre; have had to fallow their fields to cut family farm. today it is $2160 per acre, according to their losses. Our legislation is called the Family the Land Trust Alliance. This rep- Many have had to lay off employees, Farm Estate Tax Deferral Act. resents a 133 percent increase in the and some have left the business en- It is designed to prevent the unin- value of farmland in just over a decade. tirely. tended consequences of the estate tax’s As this farmland appreciates, the po- These hardships can be seen, and I disproportionate impact on family tential estate tax bill grows. have witnessed them firsthand, in Fres- farms, by providing relief to families When a farm estate is passed on to an no County where the unemployment who want to continue their family heir, portions of the land are some- rate is 16 percent. farming and ranching operations. times fragmented, or even sold to de- In Kings County unemployment is This is especially important in Cali- velopers in order to manage the tax 15.9 percent. Tulare County unemploy- fornia, where high unemployment has consequences. ment is 15.8 percent. devastated many of our state’s agricul- The result is that some farms are Imperial County is suffering under tural communities. rendered inoperable, and heirs face dif- unemployment which has reached 27.6

VerDate Mar 15 2010 02:49 Jul 29, 2010 Jkt 089060 PO 00000 Frm 00096 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JY6.057 S28JYPT1 tjames on DSKG8SOYB1PROD with SENATE July 28, 2010 CONGRESSIONAL RECORD — SENATE S6441 percent. Within these counties, unem- REED, Mrs. MURRAY, Mr. KERRY, Mr. protect and restore estuaries: Now, there- ployment in some agricultural commu- WYDEN, Mrs. FEINSTEIN, Mr. fore, be it nities has touched 40 percent. LIEBERMAN, Mr. WARNER, Mr. Resolved, That the Senate— (1) designates September 25, 2010, as ‘‘Na- Farms and ranches are an important MERKLEY, Mr. MENENDEZ, Ms. tional Estuaries Day’’; source of jobs in these communities. LANDRIEU, Mr. SCHUMER, Mr. NELSON of (2) supports the goals and ideals of Na- This legislation aims to protect fam- Florida, Mr. KAUFMAN, Ms. COLLINS, tional Estuaries Day; ily farms that intend to hire, while Mr. GREGG, Mr. WEBB, and Mrs. BOXER) (3) acknowledges the importance of estu- providing more certainty to thousands submitted the following resolution; aries to the economic well-being and produc- of workers across the State. which was referred to the Committee tivity of the United States; In 2006, I warned that difficult deci- on the Judiciary: (4) recognizes that persistent threats undermine the health of the estuaries of the sions would be required before the es- S. RES. 596 tate tax expired in 2010. United States; Whereas the estuary regions of the United (5) applauds the work of national and com- Well, 2010 is here and the picture of States comprise a significant share of the our nation’s fiscal health is not a pret- munity organizations and public partners national economy, with 43 percent of the that promote public awareness, under- ty one. population, 40 percent of the employment, standing, protection, and restoration of estu- We are facing a record $1.3 trillion and 49 percent of the economic output of the aries; budget deficit. United States located in the estuary regions (6) reaffirms the support of the Senate for The national debt has reached a new of the United States; estuaries, including the scientific study, high at roughly $13 trillion. Whereas coasts and estuaries contribute preservation, protection, and restoration of The parameters of the estate tax de- more than $800,000,000,000 annually in trade estuaries; and bate have shifted for most, by neces- and commerce to the United States econ- (7) expresses the intent of the Senate to omy; continue working to understand, protect, sity. Whereas more than 43 percent of all adults Full estate tax repeal is out of the and restore the estuaries of the United in the United States visit a sea coast or estu- States. question, and our number one priority ary at least once a year to participate in for allocating federal resources has some form of recreation, generating f rightly been shifted to job creation and $8,000,000,000 to $12,000,000,000 in revenue an- SENATE RESOLUTION 597—DESIG- economic recovery. nually; But, absent Congressional action, the Whereas more than 28,000,000 jobs in the NATING SEPTEMBER 2010 AS estate tax will return with ferocity United States are supported by commercial ‘‘NATIONAL PROSTATE CANCER next year at a 55 percent rate with an and recreational fishing, boating, tourism, AWARENESS MONTH’’ and other coastal industries that rely on exemption level of $1 million. healthy estuaries; Mr. SESSIONS (for himself, Mr. I don’t think this is something that Whereas estuaries provide vital habitat for BAYH, Mr. BENNETT, Mrs. BOXER, Mr. many in this body would like to see. countless species of fish and wildlife, includ- BURR, Mr. BURRIS, Mr. CARDIN, Mr. So, any estate tax reform must be ing many that are listed as threatened or en- CASEY, Mr. CHAMBLISS, Mr. COCHRAN, well-targeted and balanced to ensure it dangered; Mr. CRAPO, Mr. DODD, Mr. DORGAN, Mr. is fiscally responsible. Whereas estuaries provide critical eco- FEINGOLD, Mrs. FEINSTEIN, Mr. INHOFE, As we work to develop comprehen- system services that protect human health Mr. JOHNSON, Mr. JOHANNS, Mr. KERRY, and public safety, including water filtration, sive, permanent, and fiscally-respon- Ms. LANDRIEU, Mr. LUGAR, Mr. SCHU- sible estate tax reform this year, I urge flood control, shoreline stabilization and erosion prevention, and the protection of MER, Mr. SHELBY, Mr. SPECTER, Mr. my colleagues to remember that the coastal communities during extreme weath- TESTER, and Mr. VITTER) submitted the estate tax was never intended to pre- er events; following resolution; which was re- vent family farms from being passed Whereas 55,000,000 acres of estuarine habi- ferred to the Committee on the Judici- from generation to generation. tat have been destroyed during the 100 years ary: Our legislation resolves this issue for preceding the date of agreement to this reso- S. RES. 597 lution; once and for all, and by safeguarding Whereas countless families in the United against loopholes for rich farming con- Whereas bays once filled with fish and oys- ters have become dead zones filled with ex- States live with prostate cancer; glomerates and agribusinesses, it does Whereas 1 in 6 males in the United States so at minimal cost. cess nutrients, chemical wastes, harmful algae, and marine debris; will be diagnosed with prostate cancer in his Moreover, we take steps forward to Whereas sea level rise is accelerating the lifetime; protect our precious environment and degradation of estuaries by— Whereas prostate cancer is the most com- preserve open space and agricultural (1) submerging low-lying land; monly diagnosed non-skin cancer and the lands. (2) eroding beaches; second most common cause of cancer-related There is no doubt that many family (3) converting wetland to open water; deaths among males in the United States; (4) exacerbating coastal flooding; and Whereas in 2010, 217,730 males in the United farmers are under financial pressure (5) increasing the salinity of estuaries and States will be diagnosed with prostate can- during these difficult times. freshwater aquifers; cer, and 32,050 males will die from the dis- We must take steps to bring relief to Whereas the Coastal Zone Management ease; the very family farmers and ranchers Act of 1972 (16 U.S.C. 1451 et seq.) declares Whereas 30 percent of newly diagnosed who have devoted their lives to helping that it is the national policy to preserve, prostate cancer cases occur in males under feed and sustain this great nation. protect, develop, and if possible, to restore or the age of 65; This legislation is a fiscally respon- enhance, the resources of the coastal zone of Whereas approximately every 14 seconds, a sible and targeted effort to ensure that the United States, including estuaries, for male in the United States turns 50 years old we preserve this tradition for legiti- current and future generations; and increases his odds of developing cancer, Whereas scientific study leads to better including prostate cancer; mate working farms. understanding of the benefits of estuaries to Whereas African-American males suffer Estate tax reform must be addressed human and ecological communities; from a prostate cancer incidence rate that is soon, and this issue can no longer be Whereas Federal, State, local, and tribal up to 65 percent higher than White males and delayed. governments, national and community orga- have double the prostate cancer mortality I urge my colleagues to support this nizations, and individuals work together to rate of White males; effort and to enact this legislation as effectively manage the estuaries of the Whereas obesity is a significant predictor quickly as possible. United States; of the severity of prostate cancer; Whereas estuary restoration efforts restore Whereas the probability that obesity will f natural infrastructure in local communities lead to death and high cholesterol levels is SUBMITTED RESOLUTIONS in a cost effective manner, helping to create strongly associated with advanced prostate jobs and reestablish the natural functions of cancer; estuaries that yield countless benefits; and Whereas males in the United States with 1 SENATE RESOLUTION 596—TO DES- Whereas September 25, 2010, has been des- family member diagnosed with prostate can- IGNATE SEPTEMBER 25, 2010, AS ignated as ‘‘National Estuaries Day’’ to in- cer have a 1 in 3 chance of being diagnosed ‘‘NATIONAL ESTUARIES DAY’’ crease awareness among all people of the with the disease; males with 2 family mem- United States, including Federal, State and bers diagnosed have an 83 percent chance; Mr. WHITEHOUSE (for himself, Mr. local government officials, about the impor- and males with 3 family members diagnosed CARDIN, Ms. MIKULSKI, Mr. CASEY, Mr. tance of healthy estuaries and the need to have a 97 percent chance;

VerDate Mar 15 2010 02:49 Jul 29, 2010 Jkt 089060 PO 00000 Frm 00097 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JY6.055 S28JYPT1 tjames on DSKG8SOYB1PROD with SENATE S6442 CONGRESSIONAL RECORD — SENATE July 28, 2010 Whereas screening by a digital rectal ex- will result in the development of character borne Divisions, and the later airborne regi- amination and a prostate-specific antigen and the future success of the children and ments and battalions (some as components blood test can detect the disease at the early youth of the Nation; of those divisions and some as separate stages, increasing the chances of survival for Whereas September, as the school year be- units) that achieved distinction as the 75th more than 5 years to nearly 100 percent; gins, is a time when parents, families, teach- Ranger Regiment, the 173rd Airborne Bri- Whereas only 33 percent of males survive ers, school administrators, and communities gade Combat Team, the 187th Infantry (Air- more than 5 years if diagnosed during the increase their focus on children and youth borne) Regiment, which is the only airborne late stages of the disease; throughout the United States; unit to have served as a Glider, Parachute, Whereas there are no noticeable symptoms Whereas September is a time for the people and Air Assault Regiment, the 501st, 502nd, of prostate cancer while it is still in the of the United States to highlight and be 503rd, 504th, 505th, 506th, 507th, 508th, 509th, early stages, making screening critical; mindful of the needs of children and youth; 511th, 513th, 517th, 541st, and 542nd Parachute Whereas ongoing research promises further Whereas private corporations and busi- Infantry Regiments, the 88th, 127th, 193rd, improvements in prostate cancer prevention, nesses have joined with hundreds of national early detection, and treatment; and and local charitable organizations through- 194th, 325th, 326th, 327th, and 401st Glider In- Whereas educating people in the United out the United States in support of a month- fantry Regiments, the 509th, 550th, 551st, and States, including health care providers, long focus on children and youth; and 555th Parachute Infantry Battalions, and the about prostate cancer and early detection Whereas designating September 2010 as 550th Airborne Infantry Battalion; strategies is crucial to saving the lives of ‘‘National Child Awareness Month’’ would Whereas the achievements of the airborne males and preserving and protecting fami- recognize that a long-term commitment to forces during World War II prompted the evo- lies: Now, therefore, be it children and youth is in the public interest, lution of those forces into a diversified force Resolved, That the Senate— and will encourage widespread support for of parachute and air assault units that, over (1) designates September 2010 as ‘‘National charities and organizations that seek to pro- the years, have fought in Korea, Vietnam, Prostate Cancer Awareness Month’’; vide a better future for the children and Grenada, Panama, the Persian Gulf region, (2) declares that steps should be taken— youth of the United States: Now, therefore, and Somalia and have engaged in peace- (A) to raise awareness about the impor- be it keeping operations in Lebanon, the Sinai Pe- tance of screening methods for, and treat- Resolved, That the Senate designates Sep- ninsula, the Dominican Republic, Haiti, Bos- ment of, prostate cancer; tember 2010 as ‘‘National Child Awareness nia, and Kosovo; (B) to increase research funding that is Month’’— Whereas since the terrorist attacks on Sep- (1) to promote awareness of charities bene- commensurate with the burden of prostate tember 11, 2001, United States paratroopers, fitting children and youth-serving organiza- cancer so that— which include members of the XVIII Air- (i) screening and treatment may be im- tions throughout the United States; and borne Corps, the 82nd Airborne Division, the proved; (2) to recognize efforts made by such char- 101st Airborne Division (Air Assault), the (ii) the causes may be discovered; and ities and organizations on behalf of children 173rd Airborne Brigade Combat Team, the (iii) a cure may be developed; and and youth as critical contributions to the fu- (C) to continue to consider ways for im- ture of the Nation. 4th Brigade (Airborne) of the 25th Infantry Division, the 75th Ranger Regiment, and spe- proving access to, and the quality of, health f care services for detecting and treating pros- cial forces units, together with other units of tate cancer; and SENATE RESOLUTION 599—DESIG- the Armed Forces, have demonstrated brav- (3) calls on the people of the United States, NATING AUGUST 16, 2010, AS ‘‘NA- ery and honor in combat operations, civil af- interested groups, and affected persons— TIONAL AIRBORNE DAY’’ fairs missions, and training operations in Af- (A) to promote awareness of prostate can- Ms. MURKOWSKI (for herself, Mr. ghanistan and Iraq; cer; Whereas the modern day airborne force REED, Mr. REID, Mrs. HAGAN, Mr. BURR, (B) to take an active role in the fight to also includes other elite forces composed en- end the devastating effects of prostate can- Mrs. LINCOLN, Mr. VOINOVICH, Mr. tirely of airborne trained and qualified spe- cer on individuals, families, and the econ- INHOFE, Mr. CRAPO, Ms. SNOWE, Mr. cial operations warriors, including Army omy; and BACUS, Mr. ISAKSON, Mr. BEGICH, Mr. Special Forces, Marine Corps Reconnais- (C) to observe National Prostate Cancer BROWN of Massachusetts, Mr. sance units, Navy SEALs, Air Force combat Awareness Month with appropriate cere- LIEBERMAN, Mr. THUNE, Mr. AKAKA, Mr. control teams, pararescue, and weather monies and activities. BURRIS, Mr. SESSIONS, Mr. ROBERTS, teams, all of which are part of the United f Mr. WHITEHOUSE, Mr. BOND, Mr. BEN- States Special Operations Command; NETT, Ms. LANDRIEU, Mr. CHAMBLISS, Whereas of the members and former mem- SENATE RESOLUTION 598—DESIG- Mr. INOUYE, and Mr. CORKER) submitted bers of the United States airborne forces, NATING SEPTEMBER 2010 AS the following resolution; which was thousands have achieved the distinction of ‘‘NATIONAL CHILD AWARENESS considered and agreed to: making combat jumps, dozens have earned MONTH’’ TO PROMOTE AWARE- the Medal of Honor, and hundreds have S. RES. 599 NESS OF CHARITIES BENEFIT- earned the Distinguished Service Cross, the Whereas the airborne forces of the Armed TING CHILDREN AND YOUTH- Silver Star Medal, or other decorations and Forces have a long and honorable history as awards for displays heroism, gallantry, in- SERVING ORGANIZATIONS units of bold and fierce warriors who, for the trepidity, and valor; THROUGHOUT THE UNITED national security of the United States and STATES AND RECOGNIZING EF- the defense of freedom and peace, project the Whereas the members and former members FORTS MADE BY THESE CHAR- effective ground combat power of the United of the United States airborne forces are all ITIES AND ORGANIZATIONS ON States by Air Force air transport to the far members of a proud and honorable tradition BEHALF OF CHILDREN AND reaches of the battle area and, indeed, to the that, together with their special skills and achievements, distinguishes them as intrepid YOUTH AS CRITICAL CONTRIBU- far corners of the world; combat parachutists, air assault forces, spe- TIONS TO THE FUTURE OF THE Whereas the United States experiment with airborne infantry attack began on June cial operation forces, and, in former days, NATION 25, 1940, when the Army Parachute Test Pla- glider troops; Mr. BURR (for himself and Mrs. FEIN- toon was first authorized by the Department Whereas the history and achievements of STEIN) submitted the following resolu- of War and was launched when 48 volunteers the members and former members of the tion; which was considered and agreed began training in July 1940; United States airborne forces warrant spe- to: Whereas August 16 marks the anniversary cial expressions of the gratitude of the peo- of the first official Army parachute jump on ple of the United States; and S. RES. 598 August 16, 1940, to test the innovative con- Whereas, since the airborne community Whereas millions of children and youth in cept of inserting United States ground com- celebrates August 16 as the anniversary of the United States represent the hopes and bat forces behind a battle line by means of the first official jump by the Army Para- future of the United States; parachute; chute Test Platoon, August 16 would be an Whereas numerous individuals, charities Whereas the success of the Army Para- appropriate day to recognize as National Air- benefitting children, and youth-serving orga- chute Test Platoon in the days immediately borne Day: Now, therefore, be it nizations that work with children and youth before the entry of the United States into collaborate to provide invaluable services to World War II led to the formation of a formi- Resolved, That the Senate— enrich and better the lives of children and dable force of airborne units that have (1) designates August 16, 2010, as ‘‘National youth throughout the United States; served with distinction and have had re- Airborne Day’’; and Whereas raising awareness of and increas- peated success in armed hostilities; (2) calls on the people of the United States ing support for organizations that provide Whereas among those first airborne units to observe National Airborne Day with ap- access to healthcare, social services, edu- are the former 11th, 13th, and 17th Airborne propriate programs, ceremonies, and activi- cation, the arts, sports, and other services Divisions, the current 82nd and 101st Air- ties.

VerDate Mar 15 2010 02:49 Jul 29, 2010 Jkt 089060 PO 00000 Frm 00098 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JY6.024 S28JYPT1 tjames on DSKG8SOYB1PROD with SENATE July 28, 2010 CONGRESSIONAL RECORD — SENATE S6443 SENATE RESOLUTION 600—TO AU- Whereas in 1540, Count Trissino renamed Resolved by the Senate (the House of Rep- THORIZE DOCUMENT PRODUC- him ‘‘Palladio’’, a reference to the wisdom of resentatives concurring), That the Congress— TION AND TESTIMONY BY, AND Pallas Athena, as well as the Italian form of (1) recognizes the 500th anniversary of An- REPRESENTATION OF, THE SE- the name of the Roman writer of the fourth drea Palladio’s birth year; century, Rutilius Taurus Aemilianus (2) recognizes his tremendous influence on LECT COMMITTEE ON INTEL- Palladius; architecture in the United States; and LIGENCE Whereas Palladio’s designs for public (3) expresses its gratitude for the enhance- Mr. REID (for himself and Mr. works, churches, mansions, and villas rank ment his life and career has bestowed upon among the most outstanding architectural MCCONNELL) submitted the following the Nation’s built environment. achievements of the Italian Renaissance; f resolution; which was considered and Whereas Palladio’s surviving buildings are agreed to: collectively included in the UNESCO World AMENDMENTS SUBMITTED AND S. RES. 600 Heritage List; PROPOSED Whereas, the United States Department of Whereas Palladio’s treatise, ‘‘The Four SA 4532. Mr. CORNYN (for himself, Mrs. Justice has requested that the Senate Select Books of Architecture’’, ranks as the most MCCASKILL, Mr. BOND, Mrs. HUTCHISON, Ms. Committee on Intelligence provide it with influential publication on architecture ever LANDRIEU, and Mr. GRASSLEY) submitted an documents in connection with a pending in- produced and has shaped much of the archi- amendment intended to be proposed by him vestigation into the unauthorized disclosure tectural image of Western civilization; to the bill H.R. 5297, to create the Small of classified national security information; Whereas ‘‘The Four Books of Architec- Whereas, pursuant to sections 703(a) and ture’’ has served as a primary source for Business Lending Fund Program to direct 704(a)(2) of the Ethics in Government Act of classical design for many architects and the Secretary of the Treasury to make cap- 1978, 2 U.S.C. §§ 288b(a) and 288c(a)(2), the builders in the United States from colonial ital investments in eligible institutions in Senate may direct its counsel to represent times to the present; order to increase the availability of credit former or current employees of the Senate Whereas Thomas Jefferson called for small businesses, to amend the Internal with respect to any subpoena, order, or re- Palladio’s ‘‘The Four Books of Architecture’’ Revenue Code of 1986 to provide tax incen- quest for testimony relating to their official the ‘‘Bible’’ for architectural practice, and tives for small business job creation, and for responsibilities; employed Palladio’s principles in estab- other purposes; which was ordered to lie on Whereas, by the privileges of the Senate of lishing lasting standards for public architec- the table. the United States and Rule XI of the Stand- ture in the United States and in con- SA 4533. Mr. COBURN submitted an ing Rules of the Senate, no evidence under structing his own masterpiece, Monticello; amendment intended to be proposed to the control or in the possession of the Senate Whereas our Nation’s most iconic build- amendment SA 4519 proposed by Mr. REID may, by the judicial or administrative proc- ings, including the United States Capitol (for himself, Mr. BAUCUS, and Ms. LANDRIEU) ess, be taken from such control or possession Building and the White House, reflect the in- to the bill H.R. 5297, supra; which was or- but by permission of the Senate; fluence of Palladio’s architecture through dered to lie on the table. Whereas, when it appears that evidence the Anglo-Palladian movement, which flour- SA 4534. Mr. UDALL of Colorado (for him- under the control or in the possession of the ished in the 18th century; self, Ms. COLLINS, Mr. REID, Mr. SCHUMER, Senate may promote the administration of Whereas Palladio’s pioneering reconstruc- Mr. LIEBERMAN, Mrs. BOXER, Mrs. justice, the Senate will take such action as tion and restoration drawings of ancient GILLIBRAND, Mr. SANDERS, Mr. INOUYE, and will promote the ends of justice consistent Roman temples in ‘‘The Four Books of Ar- Mr. FRANKEN) submitted an amendment in- with the privileges of the Senate: Now, chitecture’’ provided inspiration for many of tended to be proposed to amendment SA 4519 therefore, be it the great American classical edifices of the proposed by Mr. REID (for himself, Mr. BAU- Resolved, That the Chairman and Vice 19th and 20th centuries, in the period known CUS, and Ms. LANDRIEU) to the bill H.R. 5297, Chairman of the Senate Select Committee as the American Renaissance; supra; which was ordered to lie on the table. on Intelligence, acting jointly, are author- Whereas the American Renaissance SA 4535. Mr. CARDIN submitted an amend- ized to provide to the United States Depart- marked the high point of the classical tradi- ment intended to be proposed to amendment ment of Justice, under appropriate security tion and enriched the United States from SA 4519 proposed by Mr. REID (for himself, procedures, copies of Committee documents coast to coast with countless architectural Mr. BAUCUS, and Ms. LANDRIEU) to the bill sought in connection with a pending inves- works of timeless dignity and beauty, includ- H.R. 5297, supra; which was ordered to lie on tigation into the unauthorized disclosure of ing the John A. Wilson Building, the seat of the table. classified national security information, and government of the District of Columbia; SA 4536. Mr. BENNET (for himself and Ms. former and current employees of the Com- Whereas the American architectural monu- LANDRIEU) submitted an amendment in- mittee are authorized to testify in pro- ments inspired both directly and indirectly tended to be proposed to amendment SA 4519 ceedings arising out of that investigation, by the writings, illustrations, and designs of proposed by Mr. REID (for himself, Mr. BAU- except concerning matters for which a privi- Palladio form a proud and priceless part of CUS, and Ms. LANDRIEU) to the bill H.R. 5297, lege should be asserted. our Nation’s cultural heritage; supra; which was ordered to lie on the table. SEC. 2. The Senate Legal Counsel is author- Whereas a special exhibition, ‘‘Palladio SA 4537. Mr. CASEY submitted an amend- ized to represent the Select Committee on and His Legacy: A Transatlantic Journey’’, ment intended to be proposed to amendment Intelligence, and any former or current em- featuring 31 original Palladio drawings, orga- SA 4519 proposed by Mr. REID (for himself, ployee of the Committee from whom testi- nized by the Royal Institute of British Ar- Mr. BAUCUS, and Ms. LANDRIEU) to the bill mony may be required, in connection with chitects Trust in association with the Centro H.R. 5297, supra; which was ordered to lie on the testimony and document production au- Internazionale di Studi di Architettura An- the table. thorized in section one of this resolution. drea Palladio, demonstrates how Palladio’s SA 4538. Mr. THUNE submitted an amend- work has significantly influenced American ment intended to be proposed to amendment f architecture from colonial times to the SA 4519 proposed by Mr. REID (for himself, SENATE CONCURRENT RESOLU- present and will travel to The Morgan Li- Mr. BAUCUS, and Ms. LANDRIEU) to the bill TION 69—RECOGNIZING THE 500TH brary & Museum, the National Building Mu- H.R. 5297, supra; which was ordered to lie on ANNIVERSARY OF THE BIRTH OF seum, the Milwaukee Art Museum, and The the table. Heinz Architectural Center, Carnegie Mu- SA 4539. Mr. PRYOR submitted an amend- ITALIAN ARCHITECT ANDREA seum of Art during the years 2010 and 2011; ment intended to be proposed to amendment PALLADIO and SA 4519 proposed by Mr. REID (for himself, Mr. ENZI submitted the following Whereas other organizations, educational Mr. BAUCUS, and Ms. LANDRIEU) to the bill concurrent resolution; which was re- institutions, museums, governmental agen- H.R. 5297, supra; which was ordered to lie on ferred to the Committee on the Judici- cies and many other entities have continued the table. to celebrate the 500th anniversary of the ary: SA 4540. Mr. WEBB (for himself and Mrs. birth of Palladio, beyond the year 2008, in- BOXER) submitted an amendment intended to S. CON. RES. 69 cluding the Italian National Committee for be proposed by him to the bill H.R. 5297, Whereas 2008 was the 500th anniversary of Andrea Palladio 500, the Istituto Italiano di supra; which was ordered to lie on the table. the birth year of the Italian architect An- Cultura, the Institute of Classical Architec- SA 4541. Mr. DODD (for himself, Mr. COCH- drea Palladio; ture & Classical America, the Center for Pal- RAN, Ms. MIKULSKI, and Mrs. SHAHEEN) sub- Whereas Andrea Palladio was born Andrea ladian Studies in America, Inc. and the Pal- mitted an amendment intended to be pro- di Pietro in Padua on November 30, 1508; ladium Musicum, Inc., as well as Italian posed by him to the bill H.R. 5297, supra; Whereas Palladio, born of humble origins, American cultural organizations, such as the which was ordered to lie on the table. apprenticed as a stonemason in his early life; Italian Heritage and Culture Committee of SA 4542. Ms. LANDRIEU submitted an Whereas under the patronage of Count New York, Inc., with a wide variety of public amendment intended to be proposed to Giangiorgio Trissino (1478–1550), Palladio programs, museum exhibits, publications, amendment SA 4519 proposed by Mr. REID studied architecture, engineering, topog- symposia, proclamation ceremonies and sa- (for himself, Mr. BAUCUS, and Ms. LANDRIEU) raphy, and military science in his mid- lutes to the genius and legacy of Palladio. to the bill H.R. 5297, supra; which was or- twenties; Now, therefore, be it dered to lie on the table.

VerDate Mar 15 2010 04:17 Jul 29, 2010 Jkt 089060 PO 00000 Frm 00099 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JY6.027 S28JYPT1 tjames on DSKG8SOYB1PROD with SENATE S6444 CONGRESSIONAL RECORD — SENATE July 28, 2010 SA 4543. Mr. WEBB (for himself, Ms. amendment intended to be proposed to in eligible institutions in order to in- LANDRIEU, Mr. NELSON of Florida, and Mr. amendment SA 4519 proposed by Mr. REID crease the availability of credit for WARNER) submitted an amendment intended (for himself, Mr. BAUCUS, and Ms. LANDRIEU) small businesses, to amend the Inter- to be proposed to amendment SA 4519 pro- to the bill H.R. 5297, supra; which was or- nal Revenue Code of 1986 to provide tax posed by Mr. REID (for himself, Mr. BAUCUS, dered to lie on the table. incentives for small business job cre- and Ms. LANDRIEU) to the bill H.R. 5297, SA 4559. Mr. HATCH (for himself and Mr. supra; which was ordered to lie on the table. BROWN of Massachusetts) submitted an ation, and for other purposes; which SA 4544. Ms. LANDRIEU submitted an amendment intended to be proposed to was ordered to lie on the table; as fol- amendment intended to be proposed to amendment SA 4519 proposed by Mr. REID lows: amendment SA 4519 proposed by Mr. REID (for himself, Mr. BAUCUS, and Ms. LANDRIEU) On page 41, after line 25, add the following: (for himself, Mr. BAUCUS, and Ms. LANDRIEU) to the bill H.R. 5297, supra; which was or- SEC. 1137. LIMITS ON MEMBER BUSINESS LOANS. to the bill H.R. 5297, supra; which was ordered to lie on the table. (a) IN GENERAL.— dered to lie on the table. SA 4560. Ms. MIKULSKI submitted an (1) REVISED LIMITATION AND CRITERIA.—Ef- SA 4545. Mrs. BOXER submitted an amend- amendment intended to be proposed by her fective 6 months after the date of enactment ment intended to be proposed to amendment to the bill H.R. 5297, supra; which was or- of this Act, section 107A(a) of the Federal SA 4519 proposed by Mr. REID (for himself, dered to lie on the table. Credit Union Act (12 U.S.C. 1757a(a)) is Mr. BAUCUS, and Ms. LANDRIEU) to the bill SA 4561. Mr. REID submitted an amend- amended to read as follows: H.R. 5297, supra; which was ordered to lie on ment intended to be proposed by him to the ‘‘(a) LIMITATION.— the table. bill H.R. 5297, supra; which was ordered to lie ‘‘(1) IN GENERAL.—Except as provided in SA 4546. Mrs. LINCOLN (for herself and Mr. on the table. paragraph (2), an insured credit union may GRASSLEY) submitted an amendment in- f not make any member business loan that tended to be proposed by her to the bill H.R. would result in the total amount of such 5297, supra; which was ordered to lie on the TEXT OF AMENDMENTS loans outstanding at that credit union at table. SA 4532. Mr. CORNYN submitted an any one time to be equal to more than the SA 4547. Mrs. LINCOLN (for herself and Mr. lesser of— CORNYN) submitted an amendment intended amendment intended to be proposed by ‘‘(A) 1.75 times the actual net worth of the to be proposed by her to the bill H.R. 5297, him to the bill H.R. 5297, to create the credit union; or supra; which was ordered to lie on the table. Small Business Lending Fund Program ‘‘(B) 12.25 percent of the total assets of the SA 4548. Mrs. LINCOLN (for herself and Mr. to direct the Secretary of the Treasury credit union. SCHUMER) submitted an amendment intended ‘‘(2) ADDITIONAL AUTHORITY.—The Board to be proposed by her to the bill H.R. 5297, to make capital investments in eligible institutions in order to increase the may approve an application by an insured supra; which was ordered to lie on the table. credit union upon a finding that the credit SA 4549. Mrs. LINCOLN (for herself and Mr. availability of credit for small busi- union meets the criteria under this para- CARPER) submitted an amendment intended nesses, to amend the Internal Revenue graph to make 1 or more member business to be proposed to amendment SA 4519 pro- Code of 1986 to provide tax incentives loans that would result in a total amount of posed by Mr. REID (for himself, Mr. BAUCUS, for small business job creation, and for such loans outstanding at any one time of and Ms. LANDRIEU) to the bill H.R. 5297, other purposes; which was ordered to not more than 27.5 percent of the total assets supra; which was ordered to lie on the table. SA 4550. Mr. WHITEHOUSE (for himself, lie on the table; as follows: of the credit union, if the credit union— ‘‘(A) had member business loans out- Mr. BENNET, Mr. BROWN of Massachusetts, At the appropriate place, insert the fol- standing at the end of each of the 4 consecu- Mr. BROWN of Ohio, Mr. CORKER, Mr. DURBIN, lowing: tive quarters immediately preceding the Mrs. FEINSTEIN, Mr. GRAHAM, Mr. KAUFMAN, SEC. ll. EXTENSION OF EXPENDITURE DEAD- date of the application, in a total amount of Mr. LEAHY, Mr. LEMIEUX, Mrs. MCCASKILL, LINE OF SOCIAL SERVICES BLOCK not less than 80 percent of the applicable Mr. MENENDEZ, Mr. NELSON of Florida, Mr. GRANT DISASTER FUNDING. limitation under paragraph (1); PRYOR, Mr. SCHUMER, Mr. SESSIONS, Mr. Notwithstanding any other provision of ‘‘(B) is well capitalized, as defined in sec- SPECTER, and Mr. WARNER) submitted an law, amounts made available to the Depart- tion 216(c)(1)(A); amendment intended to be proposed to ment of Health and Human Services, Admin- ‘‘(C) can demonstrate at least 5 years of ex- amendment SA 4519 proposed by Mr. REID istration for Children and Families, under the heading ‘‘Social Services Block Grant’’ perience of sound underwriting and servicing (for himself, Mr. BAUCUS, and Ms. LANDRIEU) of member business loans; to the bill H.R. 5297, supra; which was or- under chapter 7 of division B of Public Law 110–329, shall remain available for expendi- ‘‘(D) has the requisite policies and experi- dered to lie on the table. ence in managing member business loans; SA 4551. Mr. CORNYN submitted an ture through September 30, 2012. and amendment intended to be proposed by him ‘‘(E) has satisfied other standards that the to the bill H.R. 5297, supra; which was or- SA 4533. Mr. COBURN submitted an Board determines are necessary to maintain dered to lie on the table. amendment intended to be proposed to the safety and soundness of the insured cred- SA 4552. Mr. MCCAIN (for himself and Mr. amendment SA 4519 proposed by Mr. it union. KYL) submitted an amendment intended to REID (for himself, Mr. BAUCUS, and Ms. ‘‘(3) EFFECT OF NOT BEING WELL CAPITAL- be proposed to amendment SA 4519 proposed LANDRIEU) to the bill H.R. 5297, to cre- IZED.—An insured credit union that has made by Mr. REID (for himself, Mr. BAUCUS, and ate the Small Business Lending Fund member business loans under an authoriza- Ms. LANDRIEU) to the bill H.R. 5297, supra; tion under paragraph (2) and that is not, as which was ordered to lie on the table. Program to direct the Secretary of the SA 4553. Mrs. LINCOLN (for herself and Mr. Treasury to make capital investments of its most recent quarterly call report, well capitalized, may not make any member busi- GRASSLEY) submitted an amendment in- in eligible institutions in order to in- ness loans, until such time as the credit tended to be proposed by her to the bill H.R. crease the availability of credit for 5297, supra; which was ordered to lie on the union becomes well capitalized, as reflected small businesses, to amend the Inter- in a subsequent quarterly call report, and ob- table. nal Revenue Code of 1986 to provide tax SA 4554. Mr. REED submitted an amend- tains the approval of the Board.’’. ment intended to be proposed by him to the incentives for small business job cre- (b) IMPLEMENTATION.— bill H.R. 5297, supra; which was ordered to lie ation, and for other purposes; which (1) TIERED APPROVAL PROCESS.—The Board on the table. was ordered to lie on the table; as fol- shall develop a tiered approval process, SA 4555. Mr. REED submitted an amend- lows: under which an insured credit union gradually increases the amount of member busi- ment intended to be proposed by him to the In section 4261 (relating to emergency agri- bill H.R. 5297, supra; which was ordered to lie ness lending in a manner that is consistent cultural disaster assistance), strike sub- with safe and sound operations, subject to on the table. section (h). SA 4556. Mr. ROCKEFELLER (for himself the limits established under section 107A(a)(2) of the Federal Credit Union Act (as and Mr. GOODWIN) submitted an amendment SA 4534. Mr. UDALL of Colorado (for intended to be proposed to amendment SA amended by this Act). The rate of increase himself, Ms. COLLINS, Mr. REID, Mr. 4519 proposed by Mr. REID (for himself, Mr. under the process established under this BAUCUS, and Ms. LANDRIEU) to the bill H.R. SCHUMER, Mr. LIEBERMAN, Mrs. BOXER, paragraph may not exceed 30 percent per 5297, supra; which was ordered to lie on the Mrs. GILLIBRAND, Mr. SANDERS, Mr. year. table. INOUYE, and Mr. FRANKEN) submitted (2) RULEMAKING REQUIRED.—The Board SA 4557. Mr. MENENDEZ submitted an an amendment intended to be proposed shall issue proposed rules, not later than 6 amendment intended to be proposed to to amendment SA 4519 proposed by Mr. months after the date of enactment of this Act, to establish the tiered approval process amendment SA 4519 proposed by Mr. REID REID (for himself, Mr. BAUCUS, and Ms. (for himself, Mr. BAUCUS, and Ms. LANDRIEU) required under paragraph (1). The tiered ap- LANDRIEU) to the bill H.R. 5297, to cre- to the bill H.R. 5297, supra; which was or- proval process shall establish standards de- dered to lie on the table. ate the Small Business Lending Fund signed to ensure that the new business lend- SA 4558. Mrs. HUTCHISON (for herself, Mr. Program to direct the Secretary of the ing capacity authorized under the amend- GRAHAM, and Mr. CORNYN) submitted an Treasury to make capital investments ment made by subsection (a) is being used

VerDate Mar 15 2010 02:49 Jul 29, 2010 Jkt 089060 PO 00000 Frm 00100 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JY6.030 S28JYPT1 tjames on DSKG8SOYB1PROD with SENATE July 28, 2010 CONGRESSIONAL RECORD — SENATE S6445 only by insured credit unions that are well- (2) the term ‘‘insured credit union’’ has the ‘‘(ii) that has a primary mission of serving managed and well capitalized, as required by meaning given that term in section 101 of the or providing investment capital for low-in- the amendments made under subsection (a) Federal Credit Union Act (12 U.S.C. 1752); come communities, low-income persons, or and as defined by the rules issued by the (3) the term ‘‘member business loan’’ has businesses located in low-income commu- Board under this paragraph. the meaning given that term in section nities; (3) CONSIDERATIONS.—In issuing rules re- 107A(c)(1) of the Federal Credit Union Act (12 ‘‘(iii) that maintains accountability to quired under this subsection, the Board shall U.S.C. 1757a(c)(1)); low-income communities through participa- consider— (4) the term ‘‘net worth’’ has the meaning tion of representatives of the communities (A) the experience level of the institutions, given that term in section 107A(c)(2) of the on a governing or an advisory board to the including a demonstrated history of sound Federal Credit Union Act (12 U.S.C. business concern; member business lending; 1757a(c)(2)); and ‘‘(iv) that has a demonstrated ability, di- (B) the criteria under section 107A(a)(2) of (5) the term ‘‘well capitalized’’ has the rectly or through a controlling entity, to the Federal Credit Union Act, as amended by meaning given that term in section make loans to businesses in low-income com- this Act; and 216(c)(1)(A) of the Federal Credit Union Act munities; and (C) such other factors as the Board deter- (12 U.S.C. 1709d(c)(1)(A)). ‘‘(v) that makes substantially all of the mines necessary or appropriate. loans made by the business concern to busi- (c) REPORTS TO CONGRESS ON MEMBER BUSI- SA 4535. Mr. CARDIN submitted an nesses operating in low-income commu- NESS LENDING.— amendment intended to be proposed to nities. (1) REPORT OF THE BOARD.— amendment SA 4519 proposed by Mr. ‘‘(3) ESTABLISHMENT.—There is established (A) IN GENERAL.—Not later than 3 years REID (for himself, Mr. BAUCUS, and Ms. a targeted small business lending pilot pro- after the date of enactment of this Act, the LANDRIEU) to the bill H.R. 5297, to cre- gram, under which the Administrator— Board shall submit a report to Congress on ‘‘(A) shall authorize not more than 12 tar- member business lending by insured credit ate the Small Business Lending Fund Program to direct the Secretary of the geted small business lending companies to unions. make loans under section 7(a); and (B) REPORT.—The report required under Treasury to make capital investments ‘‘(B) may not charge a fee relating to an subparagraph (A) shall include— in eligible institutions in order to in- authorization under subparagraph (A). (i) the types and asset size of insured credit crease the availability of credit for ‘‘(4) SAFETY AND SOUNDNESS REQUIRE- unions making member business loans and small businesses, to amend the Inter- MENTS.— the member business loan limitations appli- nal Revenue Code of 1986 to provide tax ‘‘(A) PROHIBITION ON SALE OF AUTHORIZA- cable to the insured credit unions; TION.—A targeted small business lending (ii) the overall amount and average size of incentives for small business job cre- company may not sell the authorization of member business loans by each insured cred- ation, and for other purposes; which the targeted small business lending company it union; was ordered to lie on the table; as fol- to make loans under section 7(a). (iii) the ratio of member business loans by lows: ‘‘(B) GAO REVIEW.—During the 2-year pe- insured credit unions to total assets and net On page 41, after line 25, add the following: riod beginning on the date of enactment of worth; SEC. 1137. SURETY BONDS. this subsection, the Comptroller General of (iv) the performance of the member busi- Section 508(f) of division A of the American the United States shall— ness loans, including delinquencies and net Recovery and Reinvestment Act of 2009 (15 ‘‘(i) review the oversight of targeted small charge offs; U.S.C. 694a note) is repealed. (v) the effect of this section on the number business lending companies by the Adminis- of insured credit unions engaged in member Mr. BENNET (for himself tration; and SA 4536. ‘‘(ii) submit periodic reports to the Com- business lending, any change in the amount and Ms. LANDRIEU) submitted an of member business lending, and the extent mittee on Small Business and Entrepreneur- amendment intended to be proposed to ship of the Senate and the Committee on to which any increase is attributed to the amendment SA 4519 proposed by Mr. change in the limitation in section 107A(a) of Small Business of the House of Representa- the Federal Credit Union Act, as amended by REID (for himself, Mr. BAUCUS, and Ms. tives regarding the review under clause (i).’’. this Act; LANDRIEU) to the bill H.R. 5297, to cre- (b) TECHNICAL AND CONFORMING AMEND- (vi) the number, types, and asset size of in- ate the Small Business Lending Fund MENT.—Section 3(r)(1) of the Small Business sured credit unions that were denied or ap- Program to direct the Secretary of the Act (15 U.S.C. 632(r)(1)) is amended by insert- proved by the Board for increased member Treasury to make capital investments ing ‘‘, including a targeted small business business loans under section 107A(a)(2), as lending company authorized under section in eligible institutions in order to in- 23(k)’’ before the period at the end. amended by this Act, including denials and crease the availability of credit for approvals under the tiered approval process; small businesses, to amend the Inter- SA 4537. Mr. CASEY submitted an (vii) the types and sizes of businesses that nal Revenue Code of 1986 to provide tax receive member business loans, the duration amendment intended to be proposed to of the credit union membership of the busi- incentives for small business job cre- amendment SA 4519 proposed by Mr. nesses at the time of the loan, the types of ation, and for other purposes; which REID (for himself, Mr. BAUCUS, and Ms. collateral used to secure member business was ordered to lie on the table; as fol- LANDRIEU) to the bill H.R. 5297, to cre- loans, and the income level of members re- lows: ate the Small Business Lending Fund ceiving member business loans; and On page 41, after line 25, add the following: Program to direct the Secretary of the (viii) the effect of any increases in member SEC. 1137. TARGETED SMALL BUSINESS LENDING Treasury to make capital investments business loans on the risk to the National PILOT PROGRAM. in eligible institutions in order to in- Credit Union Share Insurance Fund and the (a) IN GENERAL.—Section 23 of the Small assessments on insured credit unions. Business Act (15 U.S.C. 650) is amended by crease the availability of credit for (2) GAO STUDY AND REPORT.— adding at the end the following: small businesses, to amend the Inter- (A) STUDY.—The Comptroller General of ‘‘(k) TARGETED SMALL BUSINESS LENDING nal Revenue Code of 1986 to provide tax the United States shall conduct a study on PILOT PROGRAM.— incentives for small business job cre- the status of member business lending by in- ‘‘(1) PURPOSE.—The purpose of the targeted ation, and for other purposes; which sured credit unions, including— small business lending pilot program is to in- was ordered to lie on the table; as fol- crease the lending activity of small business (i) trends in such lending; lows: (ii) types and amounts of member business lending companies to small business con- loans; cerns operating in low-income communities. On page 103, after line 21, add the fol- (iii) the effectiveness of this section in en- ‘‘(2) DEFINITIONS.—In this subsection: lowing: hancing small business lending; ‘‘(A) LOW-INCOME COMMUNITY.—The term SEC. 1336. STUDY BY COMPTROLLER GENERAL. (iv) recommendations for legislative ac- ‘low-income community’ means a low-in- (a) DEFINITIONS.—In this section— tion, if any, with respect to such lending; come community within the meaning of sec- (1) the terms ‘‘HUBZone small business and tion 45D(e) of the Internal Revenue Code of concern’’, ‘‘small business concern’’, ‘‘small (v) any other information that the Comp- 1986 (relating to the new markets tax credit). business concern owned and controlled by troller General considers relevant with re- ‘‘(B) TARGETED SMALL BUSINESS LENDING service-disabled veterans’’, and ‘‘small busi- spect to such lending. COMPANY.—The term ‘targeted small business ness concern owned and controlled by (B) REPORT.—Not later than 3 years after lending company’ means a business con- women’’ have the meaning given those terms the date of enactment of this Act, the Comp- cern— under section 3 of the Small Business Act (15 troller General shall submit a report to Con- ‘‘(i) described in section 3(r)(1), without re- U.S.C. 632); gress on the study required by subparagraph gard to whether the business concern was au- (2) the term ‘‘minority business enter- (A). thorized to make loans under section 7(a) be- prise’’ means a small business concern that (d) DEFINITIONS.—In this section— fore the date on which the Administrator au- is unconditionally owned, controlled, and (1) the term ‘‘Board’’ means the National thorizes the business concern to make the managed by an individual who is— Credit Union Administration Board; loans under this subsection; (A) a Black American;

VerDate Mar 15 2010 02:49 Jul 29, 2010 Jkt 089060 PO 00000 Frm 00101 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JY6.032 S28JYPT1 tjames on DSKG8SOYB1PROD with SENATE S6446 CONGRESSIONAL RECORD — SENATE July 28, 2010 (B) a Hispanic American; amendment SA 4519 proposed by Mr. bill H.R. 5297, to create the Small Busi- (C) a Native American, including an Amer- REID (for himself, Mr. BAUCUS, and Ms. ness Lending Fund Program to direct ican Indian, Eskimo, Aleut, or Native Hawai- LANDRIEU) to the bill H.R. 5297, to cre- the Secretary of the Treasury to make ian; (D) an Asian Pacific American, including ate the Small Business Lending Fund capital investments in eligible institu- an individual having origins in any of the Program to direct the Secretary of the tions in order to increase the avail- original peoples of Myanmar, Thailand, Ma- Treasury to make capital investments ability of credit for small businesses, laysia, Indonesia, Singapore, Brunei, Japan, in eligible institutions in order to in- to amend the Internal Revenue Code of China (including Hong Kong), Taiwan, Laos, crease the availability of credit for 1986 to provide tax incentives for small Cambodia (Kampuchea), Vietnam, North small businesses, to amend the Inter- business job creation, and for other Korea, South Korea, the Philippines, a nal Revenue Code of 1986 to provide tax purposes; which was ordered to lie on United States Trust Territory of the Pacific incentives for small business job cre- the table; as follows: Islands (including the Republic of Palau), the Republic of the Marshall Islands, the ation, and for other purposes; which At the end, insert the following: Federated States of Micronesia, the Com- was ordered to lie on the table; as fol- TITLE lll—TAXPAYER FAIRNESS ACT lows: monwealth of the Northern Mariana Islands, SEC. l001. SHORT TITLE. Guam, Samoa, Macao, Fiji, Tonga, Kiribati, On page 224, strike line 12 and all that fol- This title may be cited as the ‘‘Taxpayer Tuvalu, or Nauru; lows through page 225, line 10, and insert the Fairness Act’’. (E) a Subcontinent Asian American, in- following: SEC. l002. FINDINGS. cluding an individual having origins in any (4) INELIGIBLE INSTITUTIONS.— Congress finds the following: of the original peoples of India, Pakistan, (A) INELIGIBILITY OF INSTITUTIONS ON FDIC (1) During the years 2008 and 2009, the Na- Bangladesh, Sri Lanka, Bhutan, the PROBLEM BANK LIST.— tion’s largest financial firms received ex- Maldives Islands, or Nepal; or (i) IN GENERAL.—An eligible institution traordinary and unprecedented assistance (F) a member of another minority group, may not receive any capital investment from the public. as determined by the Administrator of the under the Program, if— (2) Such assistance was critical to the suc- Small Business Administration; (I) such institution is on the FDIC problem cess and in many cases the survival of these (3) the term ‘‘qualified HUBZone small bank list; or firms during the year 2009. business concern’’ means a HUBZone small (II) such institution has been removed (3) High earners at such firms should con- business concern that is qualified under sec- from the FDIC problem bank list for less tribute a portion of any excessive bonuses tion 3(p)(5) of the Small Business Act (15 than 90 days. obtained for the year 2009 to help the Nation U.S.C. 632(p)(5)); and (ii) CONSTRUCTION.—Nothing in clause (i) reduce the public debt and recover from the (4) the term ‘‘small business concern owned shall be construed as limiting the discretion recession. and controlled by socially and economically of the Secretary to deny the application of disadvantaged individuals’’ has the meaning an eligible institution that is not on the SEC. l003. EXCISE TAXES ON EXCESSIVE 2009 BO- given that term in section 8(d)(3)(C) of the FDIC problem bank list. NUSES RECEIVED FROM MAJOR RE- CIPIENTS OF FEDERAL EMERGENCY Small Business Act (15 U.S.C. 637(d)(3)(C)). (iii) FDIC PROBLEM BANK LIST DEFINED.— ECONOMIC ASSISTANCE. (b) STUDY REQUIRED.—The Comptroller For purposes of this subparagraph, the term (a) IMPOSITION OF TAX.—Chapter 46 of the General of the United States shall carry out ‘‘FDIC problem bank list’’ means the list of a study on the participation of small busi- Internal Revenue Code of 1986 is amended by depository institutions having a current rat- adding at the end the following new section: ness concerns owned and controlled by so- ing of 4 or 5 under the Uniform Financial In- cially and economically disadvantaged indi- stitutions Rating System, or such other list ‘‘SEC. 4999A. EXCESSIVE 2009 BONUSES RECEIVED viduals, qualified HUBZone small business FROM MAJOR RECIPIENTS OF FED- designated by the Federal Deposit Insurance ERAL EMERGENCY ECONOMIC AS- concerns, minority business enterprises, and Corporation. small business concerns owned and con- SISTANCE. (B) INELIGIBILITY OF NON-PAYING CPP PAR- ‘‘(a) IMPOSITION OF TAX.—There is hereby trolled by women in procurement contracts TICIPANTS.— awarded using funds made available under imposed on any person who receives a cov- (i) IN GENERAL.—An eligible institution division A of the American Recovery and Re- ered excessive 2009 bonus a tax equal to 50 that has missed more than one dividend pay- percent of the amount of such bonus. investment Act of 2009 (Public Law 111–5; 123 ment due under the CPP may not receive Stat. 116), which shall include— ‘‘(b) DEFINITION.—For purposes of this sec- any capital investment under the Program. (1) determining the percentage of all con- tion, the term ‘covered excessive 2009 bonus’ (ii) DETERMINATION OF MISSED DIVIDEND tracts awarded by Federal agencies and de- has the meaning given such term by section PAYMENTS.—For purposes of this subpara- partments using funds made available under 280I(b). graph, a CPP dividend payment that is sub- the American Recovery and Reinvestment ‘‘(c) ADMINISTRATIVE PROVISIONS AND SPE- mitted within 60 days of the due date of such Act of 2009 (Public Law 111–5; 123 Stat. 116) CIAL RULES.— payment shall not be considered a missed that were awarded to— ‘‘(1) WITHHOLDING.— dividend payment. (A) small business concerns owned and con- ‘‘(A) IN GENERAL.—In the case of any covered excessive 2009 bonus which is treated as trolled by socially and economically dis- SA 4539. Mr. PRYOR submitted an advantaged individuals; wages for purposes of section 3402, the (B) minority business enterprises; amendment intended to be proposed to amount otherwise required to be deducted (C) small business concerns owned and con- amendment SA 4519 proposed by Mr. and withheld under such section shall be in- trolled by women; and REID (for himself, Mr. BAUCUS, and Ms. creased by the amount of the tax imposed by (D) qualified HUBZone small business con- LANDRIEU) to the bill H.R. 5297, to cre- this section on such bonus. cerns; and ate the Small Business Lending Fund ‘‘(B) BONUSES PAID BEFORE ENACTMENT.—In (2) evaluating whether Federal agencies Program to direct the Secretary of the the case of any covered excessive 2009 bonus and departments have met the Government- to which subparagraph (A) applies which is Treasury to make capital investments paid before the date of the enactment of this wide goals established under section 15(g) of in eligible institutions in order to in- the Small Business Act (15 U.S.C. 644(g)) for section, no penalty, addition to tax, or inter- procurement contracts awarded to small crease the availability of credit for est shall be imposed with respect to any fail- business concerns, small business concerns small businesses, to amend the Inter- ure to deduct and withhold the tax imposed owned and controlled by service-disabled nal Revenue Code of 1986 to provide tax by this section on such bonus. veterans, qualified HUBZone small business incentives for small business job cre- ‘‘(2) TREATMENT OF TAX.—For purposes of concerns, small business concerns owned and ation, and for other purposes; which subtitle F, any tax imposed by this section controlled by socially and economically dis- was ordered to lie on the table; as fol- shall be treated as a tax imposed by subtitle A. advantaged individuals, and small business lows: concerns owned and controlled by women, ‘‘(3) NOTICE REQUIREMENTS.—The Secretary On page 214, between lines 3 and 4, insert with respect to procurement contracts shall require each major Federal emergency the following: awarded using funds made available under economic assistance recipient (as defined in (v) If the eligible institution notifies the division A of the American Recovery and Re- section 280I(d)(1)) to notify, as soon as prac- Secretary in the application for a capital in- investment Act of 2009 (Public Law 111–5; 123 ticable after the date of the enactment of vestment under the Program that the eligi- Stat. 116). this section and at such other times as the ble institution elects to have such loans in- (c) REPORT.—Not later than 120 days after Secretary determines appropriate, the Sec- the date of enactment of this Act, the Comp- cluded as small business lending by the eligi- retary and each covered employee (as defined troller General shall submit to Congress a ble institution, construction, land develop- in section 280I(e)) of the amount of covered report on the results of the study required ment, and other land loans. excessive 2009 bonuses to which this section under subsection (b). applies and the amount of tax deducted and SA 4540. Mr. WEBB (for himself and withheld on such bonuses. SA 4538. Mr. THUNE submitted an Mrs. BOXER) submitted an amendment ‘‘(4) SECRETARIAL AUTHORITY.—The Sec- amendment intended to be proposed to intended to be proposed by him to the retary may prescribe such regulations, rules,

VerDate Mar 15 2010 02:49 Jul 29, 2010 Jkt 089060 PO 00000 Frm 00102 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JY6.041 S28JYPT1 tjames on DSKG8SOYB1PROD with SENATE July 28, 2010 CONGRESSIONAL RECORD — SENATE S6447 and guidance of general applicability as may ‘‘(D) in the case of a payment not described 1504, determined without regard to sub- be necessary to carry out the provisions of in subparagraph (C), is attributable to serv- section (b) thereof) as a person described in this section, including— ices performed by a covered employee during subparagraph (A) or (B). ‘‘(A) to prescribe the due date and manner calendar year 2009 (without regard to the ‘‘(2) TREATMENT OF CONTROLLED GROUPS.— of payment of the tax imposed by this sec- year in which such payment is paid). All persons treated as a single employer tion with respect to any covered excessive Such term does not include payments to an under subsection (a) or (b) of section 52 or 2009 bonus paid before the date of the enact- employee as commissions, contributions to subsection (m) or (o) of section 414 shall be ment of this section, and any qualified retirement plan (as defined in treated as a single employer with respect to ‘‘(B) to prevent— section 4974(c)), welfare and fringe benefits, any covered employee. ‘‘(i) the recharacterization of a bonus pay- overtime pay, or expense reimbursements. In ‘‘(e) COVERED EMPLOYEE.—For purposes of ment as a payment which is not a bonus pay- the case of a payment which is attributable this section, the term ‘covered employee’ ment in order to avoid the purposes of this to services performed during multiple cal- means, with respect to any major Federal section, endar years, such payment shall be treated emergency economic assistance recipient— ‘‘(ii) the treatment as other than an addi- as a 2009 bonus payment to the extent it is ‘‘(1) any employee of such recipient, and tional 2009 bonus payment of any payment of attributable to services performed during ‘‘(2) any director of such recipient who is increased wages or other payments to a cov- calendar year 2009. not an employee. ered employee who receives a bonus payment ‘‘(2) DEFERRED DEDUCTION BONUS PAY- In the case of any major Federal emergency subject to this section in order to reimburse MENTS.— economic assistance recipient which is a such covered employee for the tax imposed ‘‘(A) IN GENERAL.—The term ‘2009 bonus partnership or other unincorporated trade or by this section with regard to such bonus, or payment’ includes payments attributable to business, the term ‘employee’ shall include ‘‘(iii) the avoidance of the purposes of this services performed in 2009 which are paid in employees of such recipient within the section through the use of partnerships or the form of remuneration (within the mean- meaning of section 401(c)(1). other pass-thru entities.’’. ing of section 162(m)(4)(E)) for which the de- ‘‘(f) REGULATIONS.—The Secretary may (b) CLERICAL AMENDMENTS.— duction under this chapter (determined with- prescribe such regulations, rules, and guid- (1) The heading and table of sections for out regard to this section) for such payment ance of general applicability as may be nec- chapter 46 of the Internal Revenue Code of is allowable in a subsequent taxable year. essary to carry out the provisions of this sec- 1986 are amended to read as follows: ‘‘(B) TIMING OF DEFERRED DEDUCTION BONUS tion, including— PAYMENTS.—For purposes of this section and ‘‘CHAPTER 46—TAXES ON CERTAIN EXCESSIVE ‘‘(1) to prescribe the due date and manner section 4999A, the amount of any payment REMUNERATION of reporting and payment of any increase in described in subparagraph (A) (as determined ‘‘Sec. 4999. Golden parachute payments. the tax imposed by this chapter due to the in the year in which the deduction under this application of this section to any covered ex- ‘‘Sec. 4999A. Excessive 2009 bonuses received chapter, determined without regard to this from major recipients of Fed- cessive 2009 bonus paid before the date of the section, for such payment would be allow- enactment of this section, and eral emergency economic as- able) shall be treated as having been made in sistance.’’. ‘‘(2) to prevent— the calendar year in which any interest in ‘‘(A) the recharacterization of a bonus pay- (2) The item relating to chapter 46 in the such amount is granted to a covered em- ment as a payment which is not a bonus pay- table of chapters for subtitle D of such Code ployee (without regard to the date on which ment in order to avoid the purposes of this is amended to read as follows: any portion of such interest vests). section, or ‘‘Chapter 46. Taxes on certain excessive re- ‘‘(3) RETENTION BONUS.—The term ‘reten- ‘‘(B) the avoidance of the purposes of this muneration.’’. tion bonus’ means any bonus payment (with- section through the use of partnerships or out regard to the date such payment is paid) (c) EFFECTIVE DATE.—The amendments other pass-thru entities.’’. to a covered employee which— made by this section shall apply to payments (b) CLERICAL AMENDMENT.—The table of ‘‘(A) is contingent on the completion of a of covered excessive 2009 bonuses after De- sections for part IX of subchapter B of chap- period of service with a major Federal emer- cember 31, 2008, in taxable years ending after ter 1 of the Internal Revenue Code of 1986 is gency economic assistance recipient, the such date. amended by adding at the end the following completion of a specific project or other ac- new item: SEC. l004. LIMITATION ON DEDUCTION OF tivity for the major Federal emergency eco- AMOUNTS PAID AS EXCESSIVE 2009 ‘‘Sec. 280I. Excessive 2009 bonuses paid by BONUSES BY MAJOR RECIPIENTS OF nomic assistance recipient, or such other circumstances as the Secretary may prescribe, major recipients of Federal FEDERAL EMERGENCY ECONOMIC emergency economic assist- ASSISTANCE. and ance.’’. (a) IN GENERAL.—Part IX of subchapter B ‘‘(B) is not based on the performance of the of chapter 1 of the Internal Revenue Code of covered employee (other than a requirement (c) CONFORMING AMENDMENTS.— 1986 is amended by adding at the end the fol- that the employee not be separated from em- (1) Subparagraph (F) of section 162(m)(4) of lowing new section: ployment for cause). the Internal Revenue Code of 1986 is amend- ‘‘SEC. 280I. EXCESSIVE 2009 BONUSES PAID BY A bonus payment shall not be treated as ed— MAJOR RECIPIENTS OF FEDERAL based on performance for purposes of sub- (A) by inserting ‘‘AND EXCESSIVE 2009 BO- EMERGENCY ECONOMIC ASSIST- paragraph (B) solely because the amount of NUSES’’ after ‘‘PAYMENTS’’ in the heading, ANCE. the payment is determined by reference to a (B) by striking ‘‘the amount’’ and inserting ‘‘(a) GENERAL RULE.—The deduction al- previous bonus payment which was based on ‘‘the total amounts’’, and lowed under this chapter with respect to the performance. (C) by inserting ‘‘or 280I’’ before the period. amount of any covered excessive 2009 bonus ‘‘(d) MAJOR FEDERAL EMERGENCY ECONOMIC (2) Subparagraph (A) of section 3121(v)(2) of shall not exceed 50 percent of the amount of ASSISTANCE RECIPIENT.—For purposes of this such Code is amended by inserting ‘‘, to any such bonus. section— covered excessive 2009 bonus (as defined in ‘‘(b) COVERED EXCESSIVE 2009 BONUS.—For ‘‘(1) IN GENERAL.—The term ‘major Federal section 280I(b)),’’ after ‘‘section 280G(b))’’. purposes of this section, the term ‘covered emergency economic assistance recipient’ (d) EFFECTIVE DATE.—The amendments excessive 2009 bonus’ means any 2009 bonus means— made by this section shall apply to payments payment paid during any calendar year to a ‘‘(A) any financial institution (within the of covered excessive 2009 bonuses after De- covered employee by any major Federal meaning of section 3 of the Emergency Eco- cember 31, 2008, in taxable years ending after emergency economic assistance recipient, to nomic Stabilization Act of 2008) if at any such date. the extent that the aggregate of such 2009 time after December 31, 2007, the Federal bonus payments (without regard to the date Government acquires— SA 4541. Mr. DODD (for himself, Mr. on which such payments are paid) with re- ‘‘(i) an equity interest in such person pur- COCHRAN, Ms. MIKULSKI, and Mrs. spect to such employee exceeds the dollar suant to a program authorized by the Emer- SHAHEEN) submitted an amendment in- amount of the compensation received by the gency Economic Stabilization Act of 2008 or tended to be proposed by him to the President under section 102 of title 3, United the third undesignated paragraph of section bill H.R. 5297, to create the Small Busi- States Code, for calendar year 2009. 13 of the Federal Reserve Act (12 U.S.C. 343), ‘‘(c) 2009 BONUS PAYMENT.— or ness Lending Fund Program to direct ‘‘(1) IN GENERAL.—The term ‘2009 bonus ‘‘(ii) any warrant (or other right) to ac- the Secretary of the Treasury to make payment’ means any payment which— quire any equity interest with respect to capital investments in eligible institu- ‘‘(A) is a payment for services rendered, such person pursuant to any such program, tions in order to increase the avail- ‘‘(B) is in addition to any amount payable but only if the total value of the equity inability of credit for small businesses, to a covered employee for services performed terest described in clauses (i) and (ii) in such to amend the Internal Revenue Code of by such covered employee at a regular hour- person is not less than $5,000,000,000, 1986 to provide tax incentives for small ly, daily, weekly, monthly, or similar peri- ‘‘(B) the Federal National Mortgage Asso- business job creation, and for other odic rate, ciation and the Federal Home Loan Mort- ‘‘(C) in the case of a retention bonus, is gage Corporation, and purposes; which was ordered to lie on paid for continued service during calendar ‘‘(C) any person which is a member of the the table; as follows: year 2009 or 2010, and same affiliated group (as defined in section On page ll, line ll, insert the following:

VerDate Mar 15 2010 02:49 Jul 29, 2010 Jkt 089060 PO 00000 Frm 00103 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JY6.043 S28JYPT1 tjames on DSKG8SOYB1PROD with SENATE S6448 CONGRESSIONAL RECORD — SENATE July 28, 2010 SEC. ll. EXCLUSION FROM GROSS INCOME OF under section 165(c)(3) of the Internal Rev- ministrator may guarantee new loans under AMERICORPS EDUCATIONAL enue Code of 1986 for a taxpayer who has sus- this subparagraph until 1 year after the date AWARDS. tained a loss due to defective or tainted of enactment of this subparagraph. The (a) IN GENERAL.—Section 117 of the Inter- drywall, including drywall imported from standards established under this subclause nal Revenue Code of 1986 (relating to quali- China. shall require the borrower to submit income fied scholarships) is amended by adding at tax returns to provide verification of busi- the end the following: SA 4544. Ms. LANDRIEU submitted ness income. ‘‘(e) AMERICORPS EDUCATIONAL AWARDS.— an amendment intended to be proposed ‘‘(III) PENALTIES FOR FRAUD.—Notwith- Gross income shall not include any national to amendment SA 4519 proposed by Mr. standing section 16, a lender that knowingly service educational award described in sub- makes a false statement with respect to the REID (for himself, Mr. BAUCUS, and Ms. title D of title I of the National and Commu- income, assets, or other qualifications of a nity Service Act of 1990 (42 U.S.C. 12601 et LANDRIEU) to the bill H.R. 5297, to cre- small business concern in connection with a seq.).’’. ate the Small Business Lending Fund loan or application for a loan guaranteed (b) EFFECTIVE DATE.—The amendment Program to direct the Secretary of the under this subparagraph shall be fined not made by this section shall apply to taxable Treasury to make capital investments more than $500,000, imprisoned for not more years ending after the date of enactment of in eligible institutions in order to in- than 5 years, or both. this Act. crease the availability of credit for ‘‘(iv) AUTHORITY OF PARTICIPATING LEND- small businesses, to amend the Inter- ERS.—A lender designated in accordance with SA 4542. Ms. LANDRIEU submitted clause (iii) shall have the same authority an amendment intended to be proposed nal Revenue Code of 1986 to provide tax with respect to the underwriting and liquida- to amendment SA 4519 proposed by Mr. incentives for small business job cretion of a loan guaranteed under this subpara- REID (for himself, Mr. BAUCUS, and Ms. ation, and for other purposes; which graph as a lender participating in the Cer- LANDRIEU) to the bill H.R. 5297, to cre- was ordered to lie on the table; as fol- tified Lenders Program under paragraph (19). ate the Small Business Lending Fund lows: ‘‘(v) TOTAL AMOUNT OF LOANS.—The Admin- On page 214, between lines 3 and 4, insert istrator may guarantee a total of not more Program to direct the Secretary of the than $3,000,000,000 in loans under this sub- the following: Treasury to make capital investments paragraph. (v) If the eligible institution notifies the in eligible institutions in order to in- ‘‘(vi) DEFAULT RATE.—The Administrator Secretary in the application for a capital in- shall calculate the default rate for loans crease the availability of credit for vestment under the Program that the eligi- guaranteed under this subparagraph sepa- small businesses, to amend the Inter- ble institution elects to have such loans in- rately from the default rate for any other nal Revenue Code of 1986 to provide tax cluded as small business lending by the eligi- loans made or guaranteed by the Adminis- incentives for small business job cre- ble institution, construction, land develop- tration.’’. ment, and other land loans. ation, and for other purposes; which (B) CONFORMING AMENDMENT.—Section was ordered to lie on the table; as fol- 7(a)(25)(B) of the Small Business Act (15 lows: SA 4545. Mrs. BOXER submitted an U.S.C. 636(a)(25)(B)) is amended by inserting On page 245, between lines 12 and 13, insert amendment intended to be proposed to ‘‘, and does not include loans under para- the following: amendment SA 4519 proposed by Mr. graph (31)(G)’’ after ‘‘by law’’. SEC. 4114. CONFORMING AMENDMENT. REID (for himself, Mr. BAUCUS, and Ms. (C) IMPLEMENTATION.—Not later than 45 Section 171(b)(5) of the Dodd-Frank Wall LANDRIEU) to the bill H.R. 5297, to cre- days after the date of enactment of this Act, Street Reform and Consumer Protection Act ate the Small Business Lending Fund the Administrator shall begin guaranteeing (Public Law 111–203) is amended— Program to direct the Secretary of the loans under section 7(a)(31)(G) of the Small Business Act, as added by this subsection. (1) in subparagraph (B), by striking ‘‘or’’ at Treasury to make capital investments (2) FUNDING.— the end; in eligible institutions in order to in- (2) in subparagraph (C), by striking the pe- (A) APPROPRIATION.—There is appropriated, crease the availability of credit for out of any money in the Treasury not other- riod at the end and inserting ‘‘; or’’; and small businesses, to amend the Inter- wise appropriated, for the fiscal year ending (3) by adding at the end the following: September 30, 2010, $75,000,000, to remain ‘‘(D) debt or equity instruments of a depos- nal Revenue Code of 1986 to provide tax available until 1 year after the date of enact- itory institution holding company organized incentives for small business job cre- ment of this Act, for an additional amount in the mutual form or as an S corporation ation, and for other purposes; which for the appropriations account appropriated that are issued to or purchased by the United was ordered to lie on the table; as fol- under the heading ‘‘BUSINESS LOANS PROGRAM States, or any agency or instrumentality lows: ACCOUNT’’ under the heading ‘‘SMALL BUSI- thereof, under the Small Business Lending On page 40, after line 24, add the following: NESS ADMINISTRATION’’ for the cost of loan Fund Program during the 1-year period be- (c) WORKING CAPITAL EXPRESS PROGRAM.— guarantees under section 7(a)(31)(G) of the ginning on the date of enactment of the (1) PROGRAM ESTABLISHED.— Small Business Act, as added by this sub- Small Business Jobs Act of 2010.’’. (A) WORKING CAPITAL EXPRESS PROGRAM.— section. Section 7(a)(31) of the Small Business Act (15 (B) OFFSETS.—There are permanently re- SA 4543. Mr. WEBB (for himself, Ms. U.S.C. 636(a)(31)) is amended by adding at the scinded from the appropriations account ap- LANDRIEU, Mr. NELSON of Florida, and end the following: propriated under the heading ‘‘FEDERAL Mr. WARNER) submitted an amendment ‘‘(G) WORKING CAPITAL EXPRESS PROGRAM IN BUILDINGS FUND’’ under the heading ‘‘REAL intended to be proposed to amendment RESPONSE TO ECONOMIC CRISIS.— PROPERTY ACTIVITIES’’ under the heading SA 4519 proposed by Mr. REID (for him- ‘‘(i) LOAN GUARANTEES.—The Adminis- ‘‘GENERAL SERVICES ADMINISTRATION’’, self, Mr. BAUCUS, and Ms. LANDRIEU) to trator may guarantee loans under the Ex- $50,000,000 from Rental of Space and the bill H.R. 5297, to create the Small press Loan Program made by lenders des- $25,000,000 from Building Operations, to be Business Lending Fund Program to di- ignated in accordance with clause (iii)(I) to derived from unobligated balances that were small business concerns that have been in provided in previous appropriations Acts. rect the Secretary of the Treasury to business for not less than 2 years before the (3) PROSPECTIVE REPEAL.— make capital investments in eligible date on which the small business concern (A) IN GENERAL.—Effective 1 year after the institutions in order to increase the submits an application for a loan under this date of enactment of this Act, section 7(a) of availability of credit for small busi- subparagraph. the Small Business Act (15 U.S.C. 636(a)) is nesses, to amend the Internal Revenue ‘‘(ii) LOAN TERMS.— amended— Code of 1986 to provide tax incentives ‘‘(I) MINIMUM AMOUNT.—The Administrator (i) in paragraph (25)(B), by striking ‘‘, and for small business job creation, and for may guarantee a loan under this subpara- does not include loans under paragraph other purposes; which was ordered to graph of not less than $100,000. (31)(G)’’; and ‘‘(II) GUARANTEE RATE.—Notwithstanding (ii) in paragraph (31), by striking subpara- lie on the table; as follows: subparagraph (A)(iii), the guarantee rate for graph (G). At the end of title II, insert the following: a loan under this subparagraph shall be 75 (B) PENALTIES.—Notwithstanding subpara- Subtitle C—Other Relief percent. graph (A), subclause (III) of section SEC. ll. GUIDANCE ON TAX TREATMENT OF ‘‘(iii) PROGRAM SAFEGUARDS.— 7(a)(31)(G)(iii) of the Small Business Act, as LOSSES RELATED TO TAINTED ‘‘(I) ELIGIBILITY.—The Administrator shall, added by this subsection, shall continue to DRYWALL AS CASUALTY LOSS DE- by rule, establish criteria for the designation apply on and after the date described in sub- DUCTIONS. of lenders that are eligible to make a loan paragraph (A), to loans guaranteed under Not later than the due date, including ex- guaranteed under this subparagraph. section 7(a)(31)(G) of the Small Business Act. tension, for filing a return of tax for taxable ‘‘(II) UNDERWRITING STANDARDS.—The Ad- (C) SAVINGS PROVISION.—A loan guaranteed year 2009, the Secretary of the Treasury ministrator shall, by rule, establish under- under section 7(a)(31)(G) of the Small Busi- shall issue guidance with respect to the writing standards for loans guaranteed under ness Act, as added by this subsection, before availability of a casualty loss deduction this subparagraph, to ensure that the Ad- the date described in subparagraph (A) shall

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REVISION OF BENEFITS. ‘‘(i) 20 percent in the case of designated availability of credit for small busi- (a) SAFE HARBOR FOR MEETING REQUIRE- qualified zone employees of employers which nesses, to amend the Internal Revenue MENT THAT 35 PERCENT OF EMPLOYEES BE are enterprise zone businesses, and Code of 1986 to provide tax incentives RESIDENTS OF ZONE.— ‘‘(ii) 10 percent in the case of any other (1) IN GENERAL.—Section 1397C of the Inter- for small business job creation, and for designated qualified zone employee. nal Revenue Code of 1986 (defining enterprise other purposes; which was ordered to ‘‘(B) LIMITATIONS ON NUMBER OF DES- zone business) is amended by adding at the lie on the table; as follows: IGNATED EMPLOYEES.— end the following new subsection: At the appropriate place, insert the fol- ‘‘(i) IN GENERAL.—For purposes of subpara- ‘‘(g) ADDITIONAL SAFE HARBOR FOR MEET- lowing: graph (A), the term ‘designated qualified ING REQUIREMENT THAT 35 PERCENT OF EM- SEC. llll. DIRECT PAYMENT OF ENERGY EFFI- zone employee’ means a qualified zone em- PLOYEES BE RESIDENTS OF ZONE.—The re- CIENT APPLIANCES TAX CREDIT. ployee— quirements of subsections (b)(6) and (c)(5) In the case of any taxable year which in- ‘‘(I) to whom paragraph (1) does not apply, shall not fail to be treated as met for any pe- cludes December 31, 2009, or December 31, and riod with respect to a qualified business if— 2010, a taxpayer who elects to waive the cred- ‘‘(II) who is designated under this subpara- ‘‘(1) as of the date of issuance of an issue, it which would otherwise be determined with graph. the date property is placed in service, or the respect to the taxpayer under section 45M of ‘‘(ii) MANNER OF DESIGNATIONS.—Designa- date of the sale of an asset, it is reasonably the Internal Revenue Code of 1986 for such tions under this subparagraph shall be made expected that within 3 years after such date taxable year shall be treated as making a by the local government or governments the business will increase employment by at payment against the tax imposed under sub- which nominated the area to be an empower- least the lesser of— title A of such Code for such taxable year in ment zone. ‘‘(A) in the case of— an amount equal to 85 percent of the amount ‘‘(iii) LIMITATION ON DESIGNATIONS.—The ‘‘(i) a business located in a renewal com- of the credit which would otherwise be so de- number of employees for whom a designation munity or in a rural area (as defined in sec- termined. Such payment shall be treated as under this subparagraph is in effect at any tion 1393(a)(2)) in an empowerment zone or made on the later of the due date of the re- one time with respect to each empowerment enterprise community, 500 full-time employ- turn of such tax or the date on which such zone shall not exceed— ees, or return is filed. Elections under this section ‘‘(I) 500 for purposes of subparagraph (A)(i), ‘‘(ii) a business located outside a rural area may be made separately for taxable years and (as so defined) in an empowerment zone or 2009 and 2010, but once made shall be irrev- ‘‘(II) 2,000 for purposes of subparagraph enterprise community, 1,000 full-time em- ocable. No amount shall be includible in (A)(ii).’’. ployees, or gross income or alternative minimum tax- (2) QUALIFIED ZONE EMPLOYEE.—Paragraph ‘‘(B) 10 percent of the number of full-time able income by reason of this section. (1) of section 1396(d) of such Code is amend- employees estimated to have been employed ed— in such zone or community on the date of its SA 4547. Mrs. LINCOLN (for herself (A) by striking ‘‘within an empowerment designation, zone’’ in subparagraph (A), and and Mr. CORNYN) submitted an amend- ‘‘(2) as of the date of issuance of the issue, (B) by striking ‘‘such empowerment zone’’ ment intended to be proposed by her to it is reasonably expected that as a result of in subparagraph (B) and inserting ‘‘an em- the bill H.R. 5297, to create the Small the bonds the business will increase employ- powerment zone’’. Business Lending Fund Program to di- ment by at least one job for each $150,000 in (3) EFFECTIVE DATE.—The amendments rect the Secretary of the Treasury to face amount of the issue, made by this subsection shall apply to tax- make capital investments in eligible ‘‘(3) at any time within 3 years after the able years beginning after the date of the en- institutions in order to increase the date of the issuance of an issue, the date actment of this Act. (d) CARRYFORWARD OF UNALLOCATED STATE availability of credit for small busi- property is placed in service, or the date of the sale of an asset, the requirements of such COMMERCIAL REVITALIZATION EXPENDITURE nesses, to amend the Internal Revenue subsections are met, or CEILING.— Code of 1986 to provide tax incentives ‘‘(4) the business enters into a binding (1) IN GENERAL.—Paragraph (1) of section for small business job creation, and for agreement with the appropriate local gov- 1400I(d) of the Internal Revenue Code of 1986 other purposes; which was ordered to ernment employment agency to apply a first is amended to read as follows: lie on the table; as follows: source rule to advertise and prioritize em- ‘‘(1) IN GENERAL.—The aggregate commercial revitalization expenditure amount At the appropriate place, insert the fol- ployment opportunities with such business which a commercial revitalization agency lowing: for qualified residents of such zone or community.’’. may allocate for any calendar year is the SEC. lll. REDUCTION IN CORPORATE RATE amount equal to the sum of— FOR QUALIFIED TIMBER GAIN. (2) EFFECTIVE DATE.—The amendment made by this subsection shall take effect on ‘‘(A) the amount of the State commercial (a) IN GENERAL.—Paragraph (1) of section the date of the enactment of this Act, except revitalization expenditure ceiling deter- 1201(b) of the Internal Revenue Code of 1986 mined under this paragraph for such cal- is amended by striking ‘‘ending’’ and all that that in the case of obligations which are outstanding on such date, such date shall be endar year for such agency (determined follows through ‘‘such date’’. without regard to subparagraph (B)), and (b) CONFORMING AMENDMENT.—Paragraph deemed the date of issuance for such obliga- ‘‘(B) the aggregate of the unused State (3) of section 1201(b) of the Internal Revenue tions. commercial revitalization expenditure ceil- Code of 1986 is amended to read as follows: (b) ELIGIBILITY OF BUSINESSES DEVELOPING OR HOLDING INTANGIBLES.— ings determined under this paragraph for ‘‘(3) APPLICATION OF SUBSECTION.—The such agency for each of the 2 preceding cal- qualified timber gain for any taxable year (1) IN GENERAL.—Paragraph (4) of section endar years. shall not exceed the qualified timber gain 1397C(d) of the Internal Revenue Code of 1986 which would be determined by not taking is amended by inserting before the period For purposes of subparagraph (B), amounts into account any portion of such taxable ‘‘unless the intangibles are developed within of expenditure ceiling shall be treated as al- year after December 31, 2010.’’. the empowerment zone’’. located by an agency first from unused FFECTIVE DATE (c) EFFECTIVE DATE.—The amendments (2) E .—The amendment amounts for the second preceding calendar made by this section shall apply to taxable made by this subsection shall apply to tax- year, then from unused amounts for the 1st years ending after May 22, 2009. able years beginning after the date of the en- preceding calendar year, and then from actment of this Act. amounts from the current year State alloca- SA 4548. Mrs. LINCOLN (for herself (c) REDUCED WAGE CREDIT ALLOWABLE FOR tion.’’. ZONE RESIDENTS EMPLOYED OUTSIDE THE and Mr. SCHUMER) submitted an (2) EFFECTIVE DATE.—The amendment ZONE; EMPLOYEES NEED NOT BE RESIDENTS OF amendment intended to be proposed by made by this subsection shall apply to cal- ZONE IN WHICH EMPLOYED.— endar years beginning after the date of the her to the bill H.R. 5297, to create the (1) IN GENERAL.—Subsection (b) of section enactment of this Act. Small Business Lending Fund Program 1396 of the Internal Revenue Code of 1986 is (e) AUTHORITY TO EXPAND BOUNDARIES OF to direct the Secretary of the Treasury amended to read as follows: ZONES AND COMMUNITIES.—

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(1) EMPOWERMENT ZONES AND ENTERPRISE ‘‘(ii) Per capita income is not more than 75 ‘‘(A) such business is nominated by the COMMUNITIES.—Section 1391 of the Internal percent of such income for the United chief executive or the legislative body of the Revenue Code of 1986 is amended by adding States. State or a local government in which the at the end the following new subsection: ‘‘(iii) The percentage of such area’s popu- zone property is located, and ‘‘(i) AUTHORITY TO EXPAND BOUNDARIES OF lation which is disabled is at least 130 per- ‘‘(B) the Secretary of Housing and Urban DESIGNATED AREAS.— cent of such percentage for the United Development determines that— ‘‘(1) IN GENERAL.—At the request of all gov- States.’’. ‘‘(i) it is a facility for qualified research as ernments which nominated an area as an em- (3) EFFECTIVE DATE.—The amendments defined in section 41(d) which is reasonably powerment zone or enterprise community, made by this subsection shall take effect on anticipated to make at least $50,000,000 of the appropriate Secretary may expand the the date of the enactment of this Act. capital expenditures within the first 3 years area of such zone or community to include 1 (f) ELECTION OF FINANCING ARRANGEMENT IN of the payment period, or or more contiguous or noncontiguous areas LIEU OF TAX BENEFITS.— ‘‘(ii) with respect to any other business, it if such governments establish to the satis- (1) IN GENERAL.—Section 1396 of the Inter- is reasonably anticipated that such business faction of the appropriate Secretary that nal Revenue Code of 1986 is amended by add- will increase employment in such zone by such expansion furthers the purposes of the ing at the end the following new subsection: the end of the first 3 years of the payment designation of the initial area as such a zone ‘‘(e) ELECTION OF FINANCING ARRANGEMENT period by at least the lesser of— or community. IN LIEU OF TAX BENEFITS.— ‘‘(I) 1,000 full-time employees or equiva- ‘‘(2) RURAL AREAS.—With respect to any lents, or empowerment zone or enterprise community ‘‘(1) IN GENERAL.—At the election of any significant empowerment zone business, for ‘‘(II) 10 percent of the number of full-time located in a rural area, at the request of the employees estimated to have been employed nominating local government, the appro- the payment period of the debt obligation designated in such election (or as an amend- in such zone on the date of its designation. priate Secretary shall expand the area of ‘‘(4) SPECIAL RULES.— such zone or community to include the en- ment to such election) by such business— ‘‘(A) ADJUSTMENT TO COST RECOVERY BEN- tire area of such nominating local govern- ‘‘(A) such business— EFIT.—In the event that the significant em- ment, but only if— ‘‘(i) shall not be allowed an empowerment zone employment credit described in sub- powerment zone business does not incur a ‘‘(A) either— cost within the period described in paragraph ‘‘(i) the poverty rate and the unemploy- section (a), and ‘‘(ii) shall not be allowed any deduction for (2)(B) and for which a cost recovery benefit ment rate for such entire area as determined payment is made under this subsection, the by the 2000 decennial census data was at depreciation under section 168 with respect Secretary shall reduce future recovery ben- least 110 percent of such rate for the United to qualified zone property that provides a efit payments to recover 110 percent of the States, or cost recovery benefit described in paragraph overpayments in equal installments over the ‘‘(ii) during the period beginning with the (2), and remaining payment period. In the event that 1990 decennial census and ending with the ‘‘(B) the Secretary shall make the pay- a cost described in paragraph (2)(B)(i) is in- 2000 decennial census, such entire area has a ments described in paragraph (2) to a trustee curred, or a contract described in paragraph net out migration of inhabitants of at least designated by the electing business to accept (2)(B)(ii) is entered into, after the beginning 10 percent of the population of such area, and such payments on behalf of such holders). of the payment period, the Secretary shall ‘‘(B) such entire area meets 1 or more of ‘‘(2) PAYMENTS.— increase future recover benefit payments to the following criteria determined by the 2000 ‘‘(A) IN GENERAL.—At the beginning of each decennial census data: year of the payment period, the Secretary recover 100 percent of the cost recovery ben- ‘‘(i) Median household income is not more shall pay (out of any money in the Treasury efit associated with such costs or contracts than 70 percent of such income for the not otherwise appropriated) to the trustee in equal installments over the remaining United States. designated by such business an amount equal payment period. ‘‘(ii) Per capita income is not more than 75 to— ‘‘(B) BASIS ADJUSTMENT.—For purposes of percent of such income for the United ‘‘(i) the empowerment zone employment this subtitle, if a cost recovery payment is States. credit computed for such year under this sec- made under this subsection with respect to ‘‘(iii) The percentage of such area’s popu- tion as if the election was not made under any property, the basis of such property lation which is disabled is at least 130 per- this subsection, and shall be reduced by the amount of such pay- cent of such percentage for the United ‘‘(ii) except as provided in paragraph (4)(A), ment. States.’’. the amount equal to the cost recovery ben- ‘‘(5) TREATMENT OF PAYMENTS.—Any payment made under this subsection shall not (2) RENEWAL COMMUNITIES.—Section 1400E efit divided by the number of years in the of such Code is amended by adding at the end payment period described in subparagraph be treated as a Federal Government guar- the following new subsection: (C). antee for purposes of section 149(b).’’. ‘‘(h) AUTHORITY TO EXPAND BOUNDARIES OF ‘‘(B) COST RECOVERY BENEFIT.—For pur- (2) CONFORMING AMENDMENT.—Section DESIGNATED AREAS.— poses of subparagraph (A), the cost recovery 1016(a) of such Code is amended by striking ‘‘(1) IN GENERAL.—At the request of all gov- benefit shall be an amount equal to 25 per- ‘‘and’’ at the end of paragraph (36), by strik- ernments which nominated an area as a recent of— ing the period at the end of paragraph (37) newal community, the Secretary of Housing ‘‘(i) the cost of any tangible property and inserting ‘‘, and’’, and by adding at the and Urban Development may expand the which is qualified zone property (including end the following new paragraph: area of such community to include 1 or more improvements to such tangible property) in- ‘‘(38) to the extent provided in section noncontiguous areas if such governments es- curred by the significant empowerment zone 1396(e)(4)(B).’’. tablish to the satisfaction of such Secretary business before the end of the first 5 full cal- (3) EFFECTIVE DATE.—The amendments that such expansion furthers the purposes of endar years beginning after the date the made by this subsection shall apply to tax- the designation of the initial area as a re- election is made under this subsection, and able years beginning after the date of the en- newal community. ‘‘(ii) any such cost for which a binding con- actment of this Act. ‘‘(2) RURAL AREAS.—With respect to any re- tract for financing the acquisition of such newal community located in a rural area, at tangible property (including improvements the request of the nominating local govern- to such tangible property) has been made by SA 4549. Mrs. LINCOLN (for herself ment, the Secretary of Housing and Urban such business and which under the terms of and Mr. CARPER) submitted an amend- Development shall expand the area of such the financing is to be incurred within the ment intended to be proposed to community to include the entire area of such first 5 full calendar years beginning after the amendment SA 4519 proposed by Mr. nominating local government, but only if— date of the election made under this sub- REID (for himself, Mr. BAUCUS, and Ms. ‘‘(A) either— section. LANDRIEU) to the bill H.R. 5297, to cre- ‘‘(i) the poverty rate and the unemploy- ‘‘(C) PAYMENT PERIOD.—The payment pe- ment rate for such entire area as determined riod is the period of 15 calendar years begin- ate the Small Business Lending Fund by the 2000 decennial census data was at ning with the earlier of— Program to direct the Secretary of the least 110 percent of such rate for the United ‘‘(i) the calendar year specified by the sig- Treasury to make capital investments States, or nificant empowerment zone business as the in eligible institutions in order to in- ‘‘(ii) during the period beginning with the 1st year of the payment period without re- crease the availability of credit for 1990 decennial census and ending with the gard to the date the property is placed in small businesses, to amend the Inter- 2000 decennial census, such entire area has a service, or net out migration of inhabitants of at least ‘‘(ii) the 5th calendar year beginning after nal Revenue Code of 1986 to provide tax 10 percent of the population of such area, and the date that the election under this sub- incentives for small business job cre- ‘‘(B) such entire area meets 1 or more of section is made. ation, and for other purposes; which the following criteria determined by the 2000 ‘‘(3) SIGNIFICANT EMPOWERMENT ZONE BUSI- was ordered to lie on the table; as fol- decennial census data: NESS.—For purposes of this subsection, the lows: ‘‘(i) Median household income is not more term ‘significant empowerment zone busi- than 70 percent of such income for the ness’ means any trade or business operating At the end of part II of subtitle A of title United States. in an empowerment zone if— II, add the following:

VerDate Mar 15 2010 02:49 Jul 29, 2010 Jkt 089060 PO 00000 Frm 00106 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JY6.044 S28JYPT1 tjames on DSKG8SOYB1PROD with SENATE July 28, 2010 CONGRESSIONAL RECORD — SENATE S6451 SEC. lll. INCENTIVES FOR BIODIESEL AND RE- ate the Small Business Lending Fund mercial Matters done at The Hague Novem- NEWABLE DIESEL. Program to direct the Secretary of the ber 15, 1965 (20 UST 361; TIAS 6638). (a) CREDITS FOR BIODIESEL AND RENEWABLE Treasury to make capital investments (12) An injured person in the United States DIESEL USED AS FUEL.—Subsection (g) of sec- in eligible institutions in order to in- must rely on the cumbersome system of let- tion 40A of the Internal Revenue Code of 1986 ters rogatory to effect service in a country is amended by striking ‘‘December 31, 2009’’ crease the availability of credit for that did not sign the Convention on the and inserting ‘‘December 31, 2010’’. small businesses, to amend the Inter- Service Abroad of Judicial and Extrajudicial (b) EXCISE TAX CREDITS AND OUTLAY PAY- nal Revenue Code of 1986 to provide tax Documents in Civil or Commercial Matters. MENTS FOR BIODIESEL AND RENEWABLE DIESEL incentives for small business job cre- These countries do not have an enforceable FUEL MIXTURES.— ation, and for other purposes; which obligation to serve process as requested. (1) Paragraph (6) of section 6426(c) of the was ordered to lie on the table; as fol- (13) The procedures described in paragraphs Internal Revenue Code of 1986 is amended by lows: (11) and (12) add time and expense to litiga- striking ‘‘December 31, 2009’’ and inserting tion in the United States, thereby discour- ‘‘December 31, 2010’’. On page 284, between lines 9 and 10, insert aging or frustrating meritorious lawsuits (2) Subparagraph (B) of section 6427(e)(6) of the following: brought by persons injured in the United such Code is amended by striking ‘‘December TITLE V—REGISTRATION OF AGENTS OF States against foreign manufacturers and 31, 2009’’ and inserting ‘‘December 31, 2010’’. FOREIGN MANUFACTURERS AUTHOR- producers. (c) EFFECTIVE DATE.—The amendments IZED TO ACCEPT SERVICE OF PROCESS (14) Foreign manufacturers and producers made by this section shall apply to fuel sold SEC. 5001. FINDINGS. often seek to avoid judicial consideration of or used after December 31, 2009. Congress makes the following findings: their actions by asserting that United States SEC. lll. EXCISE TAX CREDITS AND OUTLAY (1) Each year, many people in the United courts lack personal jurisdiction over them. PAYMENTS FOR ALTERNATIVE FUEL States are injured by defective products (15) The due process clauses of the fifth AND ALTERNATIVE FUEL MIXTURES. manufactured or produced by foreign entities amendment to and section 1 of the four- (a) ALTERNATIVE FUEL CREDIT.—Paragraph and imported into the United States. teenth amendment to the Constitution gov- (5) of section 6426(d) of the Internal Revenue (2) Both consumers and businesses in the ern United States courts’ personal jurisdic- Code of 1986 is amended by striking ‘‘after United States have been harmed by injuries tion over defendants. December 31, 2009’’ and all that follows and to people in the United States caused by de- (16) The due process clauses described in inserting ‘‘after— fective products manufactured or produced paragraph (15) are satisfied when a defendant ‘‘(A) September 30, 2014, in the case of liq- by foreign entities. consents to the jurisdiction of a court. uefied hydrogen, (3) People in the United States injured by (17) United States markets present many ‘‘(B) December 31, 2010, in the case of fuels defective products manufactured or produced opportunities for foreign manufacturers. described in subparagraph (A), (C), (F), or (G) by foreign entities often have difficulty re- (18) In choosing to export products to the of paragraph (2), and covering damages from the foreign manufac- United States, a foreign manufacturer or ‘‘(C) December 31, 2009, in any other case.’’. turers and producers responsible for such in- producer subjects itself to the laws of the (b) ALTERNATIVE FUEL MIXTURE CREDIT.— juries. United States. Such a foreign manufacturer Paragraph (3) of section 6426(e) of the Inter- (4) The difficulty described in paragraph (3) or producer thereby acknowledges that it is nal Revenue Code of 1986 is amended by is caused by the obstacles in bringing a for- subject to the personal jurisdiction of the striking ‘‘after December 31, 2009’’ and all eign manufacturer or producer into a United State and Federal courts in at least one that follows and inserting ‘‘after— States court and subsequently enforcing a State. ‘‘(A) September 30, 2014, in the case of liq- judgment against that manufacturer or pro- SEC. 5002. SENSE OF CONGRESS. uefied hydrogen, ducer. It is the sense of Congress that— ‘‘(B) December 31, 2010, in the case of fuels (5) Obstacles to holding a responsible for- (1) foreign manufacturers and producers described in subparagraph (A), (C), (F), or (G) eign manufacturer or producer liable for an whose products are sold in the United States of subsection (d)(2), and injury to a person in the United States un- should not be able to avoid liability simply ‘‘(C) December 31, 2009, in any other case.’’. dermine the purpose of the tort laws of the because of difficulties relating to serving (c) PAYMENT AUTHORITY.— United States. process upon them; (1) IN GENERAL.—Paragraph (6) of section (6) The difficulty of applying the tort laws (2) to avoid such lack of accountability, 6427(e) of the Internal Revenue Code of 1986 is of the United States to foreign manufactur- foreign manufacturers and producers of for- amended by striking ‘‘and’’ at the end of sub- ers and producers puts United States manu- eign products distributed in the United paragraph (C), by striking the period at the facturers and producers at a competitive dis- States should be required, by regulation, to end of subparagraph (D) and inserting ‘‘, advantage because United States manufac- register an agent in the United States who is and’’, and by adding at the end the following turers and producers must— authorized to accept service of process for new subparagraph: (A) abide by common law and statutory such manufacturer or producer; ‘‘(E) any alternative fuel or alternative safety standards; and (3) it is unfair to United States consumers fuel mixture (as so defined) involving fuel de- (B) invest substantial resources to ensure and businesses that foreign manufacturers scribed in subparagraph (A), (C), (F), or (G) that they do so. and producers often seek to avoid judicial of section 6426(d)(2) sold or used after Decem- (7) Foreign manufacturers and producers consideration of their actions by asserting ber 31, 2010.’’. can avoid the expenses necessary to make that United States courts lack personal ju- (2) CONFORMING AMENDMENT.—Subpara- their products safe if they know that they risdiction over them; graph (C) of section 6427(e)(6) is amended by will not be held liable for violations of (4) those who benefit from exporting prod- inserting ‘‘or (E)’’ after ‘‘subparagraph (D)’’. United States product safety laws. ucts to United States markets should expect (d) EXCLUSION OF BLACK LIQUOR FROM (8) Businesses in the United States under- to be subject to the jurisdiction of at least CREDIT ELIGIBILITY.—The last sentence of take numerous commercial relationships one court within the United States; section 6426(d)(2)of the Internal Revenue with foreign manufacturers, exposing the (5) exporting products to the United States Code of 1986 is amended by striking ‘‘or bio- businesses to additional tort liability when should be understood as consent to the ac- diesel’’ and inserting ‘‘biodiesel, or any fuel foreign manufacturers or producers evade countability that the legal system of the (including lignin, wood residues, or spent United States courts. United States ensures for all manufacturers pulping liquors) derived from the production (9) Businesses in the United States engaged and producers, foreign, and domestic; of paper or pulp’’. in commercial relationships with foreign (6) exporters recognize the scope of oppor- (e) EFFECTIVE DATE.—The amendments manufacturers or producers often cannot tunities presented to them by United States made by this section shall apply to fuel sold vindicate their contractual rights if such markets but also should recognize that prod- or used after December 31, 2009. manufacturers or producers seek to avoid re- ucts imported into the United States must Mr. WHITEHOUSE (for him- sponsibility in United States courts. satisfy Federal and State safety standards SA 4550. (10) One of the major obstacles facing busi- established by statute, regulation, and com- self, Mr. BENNET, Mr. BROWN of Massa- nesses and individuals in the United States mon law; chusetts, Mr. BROWN of Ohio, Mr. CORK- who are injured and who seek compensation (7) foreign manufacturers should recognize ER, Mr. DURBIN, Mrs. FEINSTEIN, Mr. for economic or personal injuries caused by that they are responsible for the contracts GRAHAM, Mr. KAUFMAN, Mr. LEAHY, Mr. foreign manufacturers and producers is the they enter into with United States compa- LEMIEUX, Mrs. MCCASKILL, Mr. MENEN- challenge of serving process on such manu- nies; DEZ, Mr. NELSON of Florida, Mr. PRYOR, facturers and producers. (8) foreign manufacturers should act re- Mr. SCHUMER, Mr. SESSIONS, Mr. SPEC- (11) An individual or business injured in sponsibly and recognize that they operate the United States by a foreign company within the constraints of the United States TER, and Mr. WARNER) submitted an must rely on a foreign government to serve legal system when they export products to amendment intended to be proposed to process when that company is located in a the United States; amendment SA 4519 proposed by Mr. country that is a signatory to the Conven- (9) United States laws and the laws of REID (for himself, Mr. BAUCUS, and Ms. tion on the Service Abroad of Judicial and United States trading partners should not LANDRIEU) to the bill H.R. 5297, to cre- Extrajudicial Documents in Civil or Com- put burdens on foreign manufacturers and

VerDate Mar 15 2010 02:49 Jul 29, 2010 Jkt 089060 PO 00000 Frm 00107 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JY6.045 S28JYPT1 tjames on DSKG8SOYB1PROD with SENATE S6452 CONGRESSIONAL RECORD — SENATE July 28, 2010 producers that do not apply to domestic SEC. 5004. REGISTRATION OF AGENTS OF FOR- ered product, the foreign manufacturer or companies; EIGN MANUFACTURERS AUTHOR- producer of the product has established a (10) it is fair to ensure that foreign manu- IZED TO ACCEPT SERVICE OF PROC- registered agent in the United States as re- ESS IN THE UNITED STATES. facturers, whose products are distributed in quired under subsection (a). (a) REGISTRATION.— commerce in the United States, are subject (2) PENALTIES.—Any person who fails to (1) IN GENERAL.—Not later than 180 days provide a declaration required under para- to the jurisdiction of State and Federal after the date of the enactment of this Act graph (1), or files a false declaration, shall be courts in at least one State because all and except as otherwise provided in this sub- United States manufacturers are subject to section, the head of each applicable agency subject to any applicable civil or criminal the jurisdiction of the State and Federal shall require foreign manufacturers and pro- penalty, including seizure and forfeiture, courts in at least one State; and ducers of covered products distributed in that may be imposed under the customs laws (11) it should be understood that, by reg- commerce to establish a registered agent in of the United States or title 18, United istering an agent for service of process in the the United States who is authorized to ac- States Code, with respect to the importation United States, the foreign manufacturer or cept service of process on behalf of such of a covered product. producer acknowledges consent to the juris- manufacturer or producer— (e) REGULATIONS.—Not later than the date diction of the State in which the registered (A) for the purpose of any civil or regu- described in subsection (a)(1), the Secretary agent is located. latory proceeding in State or Federal court of Commerce, the Commissioner of U.S. Cus- relating— toms and Border Protection, and each head SEC. 5003. DEFINITIONS. (i) to a covered product; and of an applicable agency shall prescribe regu- In this title: (ii) to— lations to carry out this section, including (1) APPLICABLE AGENCY.—The term ‘‘appli- (I) commerce in the United States; the establishment of minimum values and cable agency’’ means, with respect to cov- (II) an injury or damage suffered in the quantities under subsection (a)(3). ered products— United States; or SEC. 5005. STUDY ON REGISTRATION OF AGENTS (A) described in subparagraphs (A) and (B) (III) conduct within the United States; and OF FOREIGN FOOD PRODUCERS AU- of paragraph (4), the Food and Drug Adminis- (B) if such service is made in accord with THORIZED TO ACCEPT SERVICE OF PROCESS IN THE UNITED STATES. the State or Federal rules for service of proc- tration; Not later than 1 year after the date of the ess in the State of the civil or regulatory (B) described in paragraph (4)(C), the Con- enactment of this Act, the Secretary of Agri- proceeding. sumer Product Safety Commission; culture and the Commissioner of Food and (2) LOCATION.—The head of each applicable (C) described in subparagraphs (D) and (E) Drugs shall jointly— agency shall require that an agent of a for- of paragraph (4), the Environmental Protec- (1) complete a study on the feasibility and eign manufacturer or producer registered tion Agency; and advisability of requiring foreign producers of under this subsection with respect to a cov- (D) described in subparagraph (F) of para- food distributed in commerce to establish a ered product be located in a State with a graph (4)— registered agent in the United States who is (i) the Food and Drug Administration, if substantial connection to the importation, distribution, or sale of the covered product. authorized to accept service of process on be- the item is intended to be a component part half of such producers for the purpose of all (3) MINIMUM SIZE.—This subsection shall of a product described in subparagraphs (A) civil and regulatory actions in State and and (B) of paragraph (4); only apply to foreign manufacturers and producers that manufacture or produce covered Federal courts; and (ii) the Consumer Product Safety Commis- (2) submit to Congress a report on the find- sion, if the item is intended to be a compo- products in excess of a minimum value or quantity the head of the applicable agency ings of the Secretary with respect to such nent part of a product described in paragraph study. (4)(C); and shall prescribe by rule for purposes of this (iii) the Environmental Protection Agency, section. Such rules may include different SEC. 5006. STUDY ON REGISTRATION OF AGENTS OF FOREIGN MANUFACTURERS AND if the item is intended to be a component minimum values or quantities for different subcategories of covered products prescribed PRODUCERS OF COMPONENT PARTS part of a product described in subparagraphs WITHIN COVERED PRODUCTS. by the head of the applicable agency for pur- (D) and (E) of paragraph (4). Not later than 1 year after the date of the poses of this section. (2) COMMERCE.—The term ‘‘commerce’’ enactment of this Act, the head of each ap- (b) REGISTRY OF AGENTS OF FOREIGN MANU- means trade, traffic, commerce, or transpor- plicable agency shall— FACTURERS.— tation— (1) complete a study on determining fea- (1) IN GENERAL.—The Secretary of Com- (A) between a place in a State and any sible and advisable methods of requiring place outside of the State; or merce shall, in cooperation with each head of an applicable agency, establish and keep up manufacturers or producers of component (B) which affects trade, traffic, commerce, to date a registry of agents registered under parts within covered products manufactured or transportation described in subparagraph subsection (a). or produced outside the United States and (A). (2) AVAILABILITY.—The Secretary of Com- distributed in commerce to establish reg- (3) COMMISSIONER OF U.S. CUSTOMS AND BOR- merce shall make the registry established istered agents in the United States who are DER PROTECTION.—The term ‘‘Commissioner under paragraph (1) available— authorized to accept service of process on be- of U.S. Customs and Border Protection’’ (A) to the public through the Internet half of such manufacturers or producers for means the Commissioner responsible for U.S. website of the Department of Commerce; and the purpose of all civil and regulatory ac- Customs and Border Protection of the De- (B) to the Commissioner of U.S. Customs tions in State and Federal courts; and partment of Homeland Security. and Border Protection. (2) submit to Congress a report on the find- (4) COVERED PRODUCT.—The term ‘‘covered (c) CONSENT TO JURISDICTION.—A foreign ings of the head of the applicable agency product’’ means any of the following: manufacturer or producer of covered prod- with respect to the study. (A) Drugs, devices, and cosmetics, as such ucts that registers an agent under this sec- SEC. 5007. RELATIONSHIP WITH OTHER LAWS. terms are defined in section 201 of the Fed- tion thereby consents to the personal juris- Nothing in this title shall affect the au- eral Food, Drug, and Cosmetic Act (21 U.S.C. diction of the State or Federal courts of the thority of any State to establish or continue 321). State in which the registered agent is lo- in effect a provision of State law relating to (B) A biological product, as such term is cated for the purpose of any civil or regu- service of process or personal jurisdiction, defined in section 351(i) of the Public Health latory proceeding relating— except to the extent that such provision of Service Act (42 U.S.C. 262(i)). (1) to a covered product; and law is inconsistent with the provisions of (C) A consumer product, as such term is (2) to— this title, and then only to the extent of such used in section 3(a) of the Consumer Product (A) commerce in the United States; inconsistency. Safety Act (15 U.S.C. 2052). (B) an injury or damage suffered in the (D) A chemical substance or new chemical United States; or SA 4551. Mr. CORNYN submitted an substance, as such terms are defined in sec- (C) conduct within the United States. amendment intended to be proposed by tion 3 of the Toxic Substances Control Act (d) DECLARATIONS.— him to the bill H.R. 5297, to create the (15 U.S.C. 2602). (1) IN GENERAL.—Not later than 180 days (E) A pesticide, as such term is defined in after the date of the enactment of this Act, Small Business Lending Fund Program section 2 of the Federal Insecticide, Fun- any person importing a covered product to direct the Secretary of the Treasury gicide, and Rodenticide Act (7 U.S.C. 136). manufactured outside the United States to make capital investments in eligible (F) An item intended to be a component shall provide a declaration to U.S. Customs institutions in order to increase the part of a product described in subparagraph and Border Protection that— availability of credit for small busi- (A), (B), (C), (D), or (E) but is not yet a com- (A) the person has made appropriate in- nesses, to amend the Internal Revenue ponent part of such product. quiry, including seeking appropriate docu- Code of 1986 to provide tax incentives (5) DISTRIBUTE IN COMMERCE.—The term mentation from the exporter of the covered ‘‘distribute in commerce’’ means to sell in product and consulting the registry of agents for small business job creation, and for commerce, to introduce or deliver for intro- of foreign manufacturers described in sub- other purposes; which was ordered to duction into commerce, or to hold for sale or section (b); and lie on the table; as follows: distribution after introduction into com- (B) to the best of the person’s knowledge, At the appropriate place, insert the fol- merce. with respect to each importation of a cov- lowing:

VerDate Mar 15 2010 02:49 Jul 29, 2010 Jkt 089060 PO 00000 Frm 00108 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JY6.046 S28JYPT1 tjames on DSKG8SOYB1PROD with SENATE July 28, 2010 CONGRESSIONAL RECORD — SENATE S6453 SEC. llll. REPEAL OF UNEARNED INCOME rescinded pro rata such that the aggregate to disaster relief, long-term recovery, and MEDICARE CONTRIBUTION. amount of such rescissions equals restoration of infrastructure in areas af- Section 1402 of the Health Care and Edu- $200,000,000. fected by flooding for which the President cation Reconciliation Act of 2010 and the declared a major disaster during the period amendments made by such section are re- SA 4553. Mrs. LINCOLN (for herself beginning on March 29, 2010, and ending on pealed. and Mr. GRASSLEY) submitted an May 7, 2010, which included individual assist- amendment intended to be proposed by ance for an entire State or not fewer than 45 SA 4552. Mr. MCCAIN (for himself and her to the bill H.R. 5297, to create the counties within a State under title IV of the Mr. KYL) submitted an amendment in- Robert T. Stafford Disaster Relief and Emer- Small Business Lending Fund Program gency Assistance Act (42 U.S.C. 5170 et seq.), tended to be proposed to amendment to direct the Secretary of the Treasury SA 4519 proposed by Mr. REID (for him- $49,000,000, to remain available until ex- to make capital investments in eligible pended: Provided, That not more than 50 per- self, Mr. BAUCUS, and Ms. LANDRIEU) to institutions in order to increase the cent of the amount provided under this head- the bill H.R. 5297, to create the Small availability of credit for small busi- ing shall be allocated to any State.’’. Business Lending Fund Program to di- nesses, to amend the Internal Revenue Mr. REED submitted an rect the Secretary of the Treasury to Code of 1986 to provide tax incentives SA 4555. amendment intended to be proposed by make capital investments in eligible for small business job creation, and for him to the bill H.R. 5297, to create the institutions in order to increase the other purposes; which was ordered to Small Business Lending Fund Program availability of credit for small busi- lie on the table; as follows: nesses, to amend the Internal Revenue to direct the Secretary of the Treasury At the end of part IV of subtitle A of title to make capital investments in eligible Code of 1986 to provide tax incentives II, insert the following: for small business job creation, and for institutions in order to increase the SEC. lll. INCREASE IN LIMITATION FOR AL- other purposes; which was ordered to TERNATIVE TAX LIABILITY FOR availability of credit for small busi- lie on the table; as follows: SMALL PROPERTY AND CASUALTY nesses, to amend the Internal Revenue At the appropriate place, insert the fol- INSURANCE COMPANIES. Code of 1986 to provide tax incentives lowing: (a) IN GENERAL.—Clause (i) of section for small business job creation, and for 831(b)(2)(A) of the Internal Revenue Code of SEC. ll. BORDER SECURITY. other purposes; which was ordered to 1986 is amended to read as follows: lie on the table; as follows: (a) UNITED STATES CUSTOMS AND BORDER ‘‘(i) the net written premiums (or, if great- PROTECTION.— er, direct written premiums) for the taxable On page 130, after line 25, insert the following: (1) REQUIREMENT FOR ADDITIONAL AGENTS.— year do not exceed $2,025,000, and’’. Not later than January 1, 2015, the Secretary (b) INFLATION ADJUSTMENT.—Paragraph (2) SEC. 1705. COMMUNITY DEVELOPMENT FUNDS. of Homeland Security shall increase the of section 831(b) of such Code is amended by Chapter 11 of title I of the Supplemental number of trained Customs and Border Pa- adding at the end the following new subpara- Appropriations Act, 2010, is amended by trol agents stationed along the international graph: striking the heading ‘‘Community Develop- ment Fund’’ and all the matter that follows border between the United States and Mex- ‘‘(C) INFLATION ADJUSTMENT.—In the case ico border by 6,000, compared to the number of any taxable year beginning in a calendar through the ninth proviso under such head- of agents at such locations as of the date of year after 2010, the dollar amount set forth ing and inserting the following: the enactment of this Act to increase secu- in subparagraph (A) shall be increased by an ‘‘COMMUNITY DEVELOPMENT FUND rity and expedite cross border trade. The amount equal to— ‘‘For an additional amount for the ‘Com- Secretary shall make progress in increasing ‘‘(i) such dollar amount, multiplied by munity Development Fund’, for necessary such number of trained Customs and Border ‘‘(ii) the cost-of-living adjustment deter- expenses related to disaster relief, long-term Patrol agents during each of the years 2010 mined under section 1(f)(3) for such calendar recovery, and restoration of infrastructure, through 2015. year by substituting ‘calendar year 2009’ for housing, and economic revitalization in (2) OFFSETTING RESCISSION.—On the date of ‘calendar year 1992’ in subparagraph (B) areas affected by flooding for which the the enactment of this Act, the unobligated thereof. President declared a major disaster between balance of each amount appropriated or If the amount as adjusted under the pre- March 29, 2010, and May 7, 2010, which in- made available under division A of the ceding sentence is not a multiple of $1,000, cluded Individual Assistance for an entire American Recovery and Reinvestment Act of such amount shall be rounded to the next State or not fewer than 45 counties within a 2009 (Public Law 111–5; 123 Stat. 116), other lowest multiple of $1,000.’’. State under title IV of the Robert T. Staf- than under title X of such division, is hereby (c) EFFECTIVE DATE.—The amendments ford Disaster Relief and Emergency Assist- rescinded pro rata such that the aggregate made by this section shall apply to taxable ance Act of 1974, $100,000,000, to remain avail- amount of such rescissions equals years beginning after the date of the enact- able until expended, for activities authorized $1,200,000,000. ment of this Act. under title I of the Housing and Community (b) OPERATION STREAMLINE.— Development Act of 1974 (Public Law 93–383): (1) APPROPRIATION OF FUNDS.—To fully fund SA 4554. Mr. REED submitted an Provided, That funds shall be awarded di- multi-agency law enforcement initiatives amendment intended to be proposed by rectly to the State or unit of general local that address illegal crossings of the South- him to the bill H.R. 5297, to create the government at the discretion of the Sec- west border, including those in the Tucson retary: Provided further, That prior to the ob- Sector, as authorized under title II of divi- Small Business Lending Fund Program ligation of funds a grantee shall submit a sion B and title III of division C of the Con- to direct the Secretary of the Treasury plan to the Secretary detailing the proposed solidated Appropriations Act, 2010 (Public to make capital investments in eligible use of all funds, including criteria for eligi- Law 111–117; 123 Stat. 3034), $200,000,000 for institutions in order to increase the bility and how the use of these funds will ad- fiscal year 2011, of which— availability of credit for small busi- dress long-term recovery and restoration of (A) $155,000,000 shall be available for the nesses, to amend the Internal Revenue infrastructure: Provided further, That funds Department of Justice for— Code of 1986 to provide tax incentives provided under this heading may be used by (i) hiring additional Deputy United States for small business job creation, and for a State or locality as a matching require- Marshals; ment, share, or contribution for any other (ii) constructing additional permanent and other purposes; which was ordered to Federal program: Provided further, That such temporary detention space; and lie on the table; as follows: funds may not be used for activities reim- (iii) other established and related needs of At the end of title IV, add the following: bursable by, or for which funds are made the Secretary of Homeland Security and the SEC. 4ll. ECONOMIC DEVELOPMENT ASSIST- available by, the Federal Emergency Man- Attorney General; and ANCE PROGRAMS. agement Agency or the Army Corps of Engi- (B) $45,000,000 shall be available for the Ju- In chapter 2 of title I of the Act entitled neers: Provided further, That funds allocated diciary for— ‘‘An Act making supplemental appropria- under this heading shall not adversely affect (i) courthouse renovation; tions for the fiscal year ending September 30, the amount of any formula assistance re- (ii) administrative support, including hir- 2010, and for other purposes’’, strike the mat- ceived by a State or subdivision thereof ing additional clerks for each District to ter under the heading ‘‘ECONOMIC DEVELOP- under the Community Development Fund: process additional criminal cases; and MENT ASSISTANCE PROGRAMS’’ under the head- Provided further, That a State or subdivision (iii) hiring additional judges. ing ‘‘ECONOMIC DEVELOPMENT ADMINISTRA- thereof may use up to 5 percent of its alloca- (2) OFFSETTING RESCISSION.—On the date of TION’’ under the heading ‘‘DEPARTMENT OF tion for administrative costs: Provided fur- the enactment of this Act, the unobligated COMMERCE’’ and insert the following: ther, That in administering the funds under balance of each amount appropriated or ‘‘Pursuant to section 703 of the Public this heading, the Secretary of Housing and made available under division A of the Works and Economic Development Act of Urban Development may waive, or specify American Recovery and Reinvestment Act of 1965 (42 U.S.C. 3233), for an additional amount alternative requirements for, any provision 2009 (Public Law 111–5; 123 Stat. 116), other for ‘‘ ‘Economic Development Assistance of any statute or regulation that the Sec- than under title X of such division, is hereby Programs’ ’’, for necessary expenses relating retary administers in connection with the

VerDate Mar 15 2010 02:49 Jul 29, 2010 Jkt 089060 PO 00000 Frm 00109 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JY6.037 S28JYPT1 tjames on DSKG8SOYB1PROD with SENATE S6454 CONGRESSIONAL RECORD — SENATE July 28, 2010 obligation by the Secretary or the use by the Treasury to make capital investments to amend the Internal Revenue Code of recipient of these funds or guarantees (ex- in eligible institutions in order to in- 1986 to provide tax incentives for small cept for requirements related to fair housing, crease the availability of credit for business job creation, and for other nondiscrimination, labor standards, and the small businesses, to amend the Inter- purposes; which was ordered to lie on environment), upon a request by a State or subdivision thereof explaining why such nal Revenue Code of 1986 to provide tax the table; as follows: waiver is required to facilitate the use of incentives for small business job cre- At the end of subtitle A of title II, insert such funds or guarantees, if the Secretary ation, and for other purposes; which the following: finds that such waiver would not be incon- was ordered to lie on the table; as fol- PART V—OTHER PROVISIONS sistent with the overall purpose of title I of lows: the Housing and Community Development On page 214, between lines 3 and 4, insert SEC. llll. RESEARCH CREDIT. Act of 1974: Provided further, That the Sec- the following: (a) IN GENERAL.—Subparagraph (B) of secretary shall publish in the Federal Register (v) If the eligible institution notifies the tion 41(h)(1) of the Internal Revenue Code of any waiver of any statute or regulation that Secretary in the application for a capital in- 1986 is amended by striking ‘‘December 31, the Secretary administers pursuant to title I vestment under the Program that the eligi- 2009’’ and inserting ‘‘December 31, 2010’’. of the Housing and Community Development ble institution elects to have such loans in- (b) CONFORMING AMENDMENT.—Subpara- Act of 1974 no later than 5 days before the ef- cluded as small business lending by the eligi- graph (D) of section 45C(b)(1) of such Code is fective date of such waiver: Provided further, ble institution, construction, land develop- amended by striking ‘‘December 31, 2009’’ and That the Secretary shall obligate to a State ment, and other land loans. inserting ‘‘December 31, 2010’’. or subdivision thereof not less than 50 per- (c) EFFECTIVE DATE.—The amendments cent of the funding provided under this head- SA 4558. Mrs. HUTCHISON (for her- made by this section shall apply to amounts ing within 90 days after the enactment of self, Mr. GRAHAM, and Mr. CORNYN) sub- paid or incurred after December 31, 2009. this Act: Provided further, That not more than 50 percent of the funding provided mitted an amendment intended to be under this heading shall be allocated to any proposed to amendment SA 4519 pro- SA 4560. Ms. MIKULSKI submitted State (including units of general local gov- posed by Mr. REID (for himself, Mr. an amendment intended to be proposed ernment).’’. BAUCUS, and Ms. LANDRIEU) to the bill by her to the bill H.R. 5297, to create H.R. 5297, to create the Small Business the Small Business Lending Fund Pro- SA 4556. Mr. ROCKEFELLER (for Lending Fund Program to direct the gram to direct the Secretary of the himself and Mr. GOODWIN) submitted an Secretary of the Treasury to make cap- Treasury to make capital investments amendment intended to be proposed to ital investments in eligible institu- in eligible institutions in order to in- amendment SA 4519 proposed by Mr. tions in order to increase the avail- crease the availability of credit for REID (for himself, Mr. BAUCUS, and Ms. ability of credit for small businesses, small businesses, to amend the Inter- LANDRIEU) to the bill H.R. 5297, to cre- to amend the Internal Revenue Code of nal Revenue Code of 1986 to provide tax ate the Small Business Lending Fund 1986 to provide tax incentives for small incentives for small business job cre- Program to direct the Secretary of the business job creation, and for other ation, and for other purposes; which Treasury to make capital investments purposes; which was ordered to lie on was ordered to lie on the table; as fol- in eligible institutions in order to in- the table; as follows: lows: crease the availability of credit for At the end of subtitle B, add the following: small businesses, to amend the Inter- At the appropriate place, insert the fol- PART lll—TITLE 17 INNOVATIVE TECH- lowing: nal Revenue Code of 1986 to provide tax NOLOGY LOAN GUARANTEE PROGRAM SEC.l. There is appropriated, out of any incentives for small business job cre- SEC. 4lll. TITLE 17 INNOVATIVE TECHNOLOGY money in the Treasury not otherwise appro- ation, and for other purposes; which LOAN GUARANTEE PROGRAM. priated, for the fiscal year ending September was ordered to lie on the table; as fol- (a) FUNDING.—The matter under the head- 30, 2010, for an additional amount for ‘‘Sala- lows: ing ‘‘TITLE 17 INNOVATIVE TECHNOLOGY LOAN ries and Expenses’’ of the United States Pat- On page 284, between lines 9 and 10, insert GUARANTEE PROGRAM’’ of title III of division ent and Trademark Office, $129,000,000, to re- the following: C of the Omnibus Appropriations Act, 2009 main available until expended: Provided, (Public Law 111–8; 123 Stat. 619) is amended, That the sum herein appropriated from the PART IV—COAL ACCOUNTABILITY AND in the matter preceding the first proviso— general fund shall be reduced as offsetting RETIRED EMPLOYEES (1) by striking ‘‘$47,000,000,000’’ and insert- collections assessed and collected pursuant SEC. 4271. AMENDMENT OF SURFACE MINING ing ‘‘$56,000,000,000’’; and to 15 U.S.C. 1113 and 35 U.S.C. 41 and 376 are CONTROL AND RECLAMATION ACT (2) by striking ‘‘$18,500,000,000’’ and insert- received during fiscal year 2010, so as to re- OF 1977. ing ‘‘$27,500,000,000’’. sult in a fiscal year 2010 appropriation from Section 402(i)(2) of the Surface Mining Con- (b) USE OF STIMULUS FUNDS TO OFFSET the general fund estimated at $0: Provided trol and Reclamation Act of 1977 (30 U.S.C. SPENDING.— further, That during fiscal year 2010, should 1232(i)(2)) is amended— (1) IN GENERAL.—The unobligated balance the total amount of offsetting fee collections (1) by striking ‘‘Subject to’’ and inserting of each amount appropriated or made avail- be less than $2,016,000,000, this amount shall the following: able under the American Recovery and Rein- be reduced accordingly: Provided further, ‘‘(A) IN GENERAL.—Subject to’’; and vestment Act of 2009 (Public Law 111–5; 123 That any amount received in excess of (2) by adding at the end the following: Stat. 115) (other than under title X of divi- $2,016,000,000 in fiscal year 2010, in an amount ‘‘(B) EXCESS AMOUNTS.— sion A of that Act) is rescinded, on a pro rata up to $150,000,000, shall remain available ‘‘(i) IN GENERAL.—Subject to paragraph (3), basis, by an aggregate amount that equals until expended: Provided further, That and after all transfers referred to in para- the amounts necessary to offset any net in- $129,000,000 in prior year unobligated bal- graph (1) and subparagraph (A) of this para- crease in spending or foregone revenues re- ances available to ‘‘Periodic Censuses and graph have been made, any amounts remain- sulting from this section and the amend- Programs’’ of the Bureau of the Census, De- ing after the application of paragraph (3)(A) ments made by this section. partment of Commerce, are hereby re- (without regard to this subparagraph) shall (2) REPORT.—The Director of the Office of scinded. be transferred to the trustees of the 1974 Management and Budget shall submit to UMWA Pension Plan and used solely to pay each congressional committee the amounts SA 4561. Mr. REID submitted an pension benefits required under such plan. rescinded under paragraph (1) that are with- ‘‘(ii) 1974 UMWA PENSION PLAN.—In this sub- in the jurisdiction of the committee. amendment intended to be proposed by paragraph, the term ‘1974 UMWA Pension him to the bill H.R. 5297, to create the Plan’ means a pension plan referred to in SA 4559. Mr. HATCH (for himself and Small Business Lending Fund Program section 9701(a)(3) of the Internal Revenue Mr. BROWN of Massachusetts) sub- to direct the Secretary of the Treasury Code of 1986 but without regard to whether to make capital investments in eligible participation in such plan is limited to indi- mitted an amendment intended to be viduals who retired in 1976 and thereafter.’’. proposed to amendment SA 4519 pro- institutions in order to increase the posed by Mr. REID (for himself, Mr. availability of credit for small busi- SA 4557. Mr. MENENDEZ submitted BAUCUS, and Ms. LANDRIEU) to the bill nesses, to amend the Internal Revenue an amendment intended to be proposed H.R. 5297, to create the Small Business Code of 1986 to provide tax incentives to amendment SA 4519 proposed by Mr. Lending Fund Program to direct the for small business job creation, and for REID (for himself, Mr. BAUCUS, and Ms. Secretary of the Treasury to make cap- other purposes; which was ordered to LANDRIEU) to the bill H.R. 5297, to cre- ital investments in eligible institu- lie on the table; as follows: ate the Small Business Lending Fund tions in order to increase the avail- At the appropriate place, insert the fol- Program to direct the Secretary of the ability of credit for small businesses, lowing:

VerDate Mar 15 2010 02:49 Jul 29, 2010 Jkt 089060 PO 00000 Frm 00110 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JY6.039 S28JYPT1 tjames on DSKG8SOYB1PROD with SENATE July 28, 2010 CONGRESSIONAL RECORD — SENATE S6455 TITLE lll ties related to Southwest border enforce- Committee on Banking, Housing and BORDER SECURITY ment, $196,000,000, to remain available until Urban Affairs be authorized to meet September 30, 2011: Provided, That funds shall CHAPTER 1 during the session of the Senate on be distributed to the following accounts and DEPARTMENT OF HOMELAND SECURITY in the following specified amounts: July 28, 2010, at 2:30 p.m. The PRESIDING OFFICER. Without U.S. CUSTOMS AND BORDER PROTECTION (1) ‘‘Administrative Review and Appeals’’, objection, it is so ordered. SALARIES AND EXPENSES $2,118,000; (2) ‘‘Detention Trustee’’, $7,000,000; COMMITTEE ON ENVIRONMENT AND PUBLIC For an additional amount for ‘‘Salaries (3) ‘‘Legal Activities, Salaries and Ex- WORKS and Expenses’’, $253,900,000, to remain avail- penses, General Legal Activities’’, $3,862,000; Mr. UDALL of Colorado. Mr. Presi- able until September 30, 2011, of which (4) ‘‘Legal Activities, Salaries and Ex- $39,000,000 shall be for costs to maintain U.S. dent, I ask unanimous consent that the penses, United States Attorneys’’, $9,198,000; Customs and Border Protection Officer staff- Committee on Environment and Public (5) ‘‘United States Marshals Service, Sala- ing on the Southwest Border of the United Works be authorized to meet during ries and Expenses’’, $29,651,000; States, $29,000,000 shall be for hiring addi- the session of the Senate on July 28, (6) ‘‘United States Marshals Service, Con- tional U.S. Customs and Border Protection struction’’, $8,000,000; 2010, at 2:30 p.m. in room 406 of the Officers for deployment at ports of entry on (7) ‘‘Interagency Law Enforcement, Inter- Dirksen Office Building. the Southwest Border of the United States, agency Crime and Drug Enforcement’’, The PRESIDING OFFICER. Without $175,900,000 shall be for hiring additional Bor- $21,000,000; objection, it is so ordered. der Patrol agents for deployment to the (8) ‘‘Federal Bureau of Investigation, Sala- Southwest Border of the United States, and COMMITTEE ON FOREIGN RELATIONS ries and Expenses’’, $24,000,000; $10,000,000 shall be to support integrity and Mr. UDALL of Colorado. Mr. Presi- (9) ‘‘Drug Enforcement Administration, background investigation programs. dent, I ask unanimous consent that the Salaries and Expenses’’, $33,671,000; Committee on Foreign Relations be au- BORDER SECURITY FENCING, INFRASTRUCTURE, (10) ‘‘Bureau of Alcohol, Tobacco, Firearms AND TECHNOLOGY and Explosives, Salaries and Expenses’’, thorized to meet during the session of For an additional amount for ‘‘Border Se- $37,500,000; and the Senate on July 28, 2010, at 10 a.m. curity Fencing, Infrastructure, and Tech- (11) ‘‘Federal Prison System, Salaries and The PRESIDING OFFICER. Without nology,’’ $14,000,000, to remain available Expenses’’, $20,000,000. objection, it is so ordered. until September 30, 2011, for costs of design- CHAPTER 3 COMMITTEE ON HEALTH, EDUCATION, LABOR, ing, building, and deploying tactical commu- THE JUDICIARY AND PENSIONS nications for support of enforcement activi- COURTS OF APPEALS, DISTRICT COURTS, AND Mr. UDALL of Colorado. Mr. Presi- ties on the Southwest Border of the United OTHER JUDICIAL SERVICES dent, I ask unanimous consent that the States. SALARIES AND EXPENSES Committee on Health, Education, AIR AND MARINE INTERDICTION, OPERATIONS, (INCLUDING TRANSFER OF FUNDS) Labor, and Pensions be authorized to MAINTENANCE, AND PROCUREMENT For an additional amount for ‘‘Salaries meet during the session of the Senate For an additional amount for ‘‘Air and Ma- and Expenses’’, $10,000,000, to remain avail- on July 28, 2010. rine Interdiction, Operations, Maintenance, able until September 30, 2011: Provided, That The PRESIDING OFFICER. Without and Procurement’’, $32,000,000, to remain notwithstanding section 302 of division C of available until September 30, 2012, for costs objection, it is so ordered. Public Law 111–117, funding shall be avail- COMMITTEE ON HOMELAND SECURITY AND of acquisition and deployment of unmanned able for transfer between Judiciary accounts aircraft systems. GOVERNMENTAL AFFAIRS to meet increased workload requirements re- Mr. UDALL of Colorado. Mr. Presi- CONSTRUCTION AND FACILITIES MANAGEMENT sulting from immigration and other law en- For an additional amount for ‘‘Construc- forcement initiatives. dent, I ask unanimous consent that the tion and Facilities Management’’, $6,000,000, CHAPTER 4 Committee on Homeland Security and to remain available until September 30, 2011, GENERAL PROVISION Governmental Affairs be authorized to meet during the session of the Senate for costs to construct up to two forward op- SEC. ll01. Each amount in this title is erating bases for use by the Border Patrol to designated as an emergency requirement and on July 28, 2010, at 10 a.m. carry out enforcement activities on the necessary to meet emergency needs pursuant The PRESIDING OFFICER. Without Southwest Border of the United States. to sections 403(a) and 423(b) of S. Con. Res. 13 objection, it is so ordered. U.S. IMMIGRATION AND CUSTOMS (111th Congress), the concurrent resolution COMMITTEE ON THE JUDICIARY ENFORCEMENT on the budget for fiscal year 2010. Mr. UDALL of Colorado. Mr. Presi- SALARIES AND EXPENSES f dent, I ask unanimous consent that the For an additional amount for ‘Salaries and NOTICE OF HEARING Committee on the Judiciary be author- Expenses’, $80,000,000, to remain available ized to meet during the session of the until September 30, 2011, of which $30,000,000 COMMITTEE ON ENERGY AND NATURAL Senate, on July 28, 2010, at 10 a.m., in RESOURCES shall be for law enforcement activities tar- room SD–226 of the Dirksen Senate Of- geted at reducing the threat of violence Mr. BINGAMAN. Mr. President, I fice building, to conduct a hearing en- along the Southwest Border of the United would like to announce for the infor- titled ‘‘Oversight of the Federal Bureau States and $50,000,000 shall be for hiring of mation of the Senate and the public of Investigation.’’ additional agents, investigators, intelligence that the hearing scheduled before the The PRESIDING OFFICER. Without analysts, and support personnel. Senate Subcommittee on Energy has objection, it is so ordered. FEDERAL LAW ENFORCEMENT TRAINING been postponed. The hearing was to be COMMITTEE ON THE JUDICIARY CENTER held on Tuesday, August 3, 2010, at 2:30 Mr. UDALL of Colorado. Mr. Presi- SALARIES AND EXPENSES p.m., in room SD–366 of the Dirksen dent, I ask unanimous consent that the For an additional amount for ‘‘Salaries Senate Office Building. and Expenses’’, $8,100,000, to remain avail- The purpose of this hearing is to ex- Committee on the Judiciary be author- able until September 30, 2011, for costs to amine the role of strategic minerals in ized to meet during the session of the provide basic training for new U.S. Customs Senate, on July 28, 2010, at 2:30 p.m., in and Border Protection Officers, Border Pa- clean energy technologies and other applications as well as legislation to room SD–226 of the Dirksen Senate Of- trol agents, and U.S. Immigration and Cus- fice Building, to conduct a hearing en- toms Enforcement personnel. address the issue, including S. 3521 the ‘‘Rare Earths Supply Technology and titled ‘‘Nominations.’’ (RESCISSION) The PRESIDING OFFICER. Without Resources Transformation Act of 2010’’. SEC. ll101. From unobligated balances of objection, it is so ordered. prior year appropriations made available to For further information, please contact Allyson Anderson or Rosemarie COMMITTEE ON RULES AND ADMINISTRATION ‘‘U.S. Customs and Border Protection—Bor- Mr. UDALL of Colorado. Mr. Presi- der Security Fencing, Infrastructure, and Calabro. dent, I ask unanimous consent that the Technology’’, $100,000,000 are rescinded: Pro- f vided, That section ll01 of chapter 4 of this Committee on Rules and Administra- title shall not apply to the amount in this AUTHORITY FOR COMMITTEES TO tion be authorized to meet during the section. MEET session of the Senate on July 28, 2010, CHAPTER 2 COMMITTEE ON BANKING, HOUSING AND URBAN at 10:30 a.m., to conduct a hearing enti- SEC. ll201. For an additional amount for AFFAIRS tled ‘‘Examining the Filibuster: Legis- the Department of Justice for necessary ex- Mr. UDALL of Colorado. Mr. Presi- lative Proposals to Change Senate Pro- penses for increased law enforcement activi- dent, I ask unanimous consent that the cedures.’’

VerDate Mar 15 2010 04:17 Jul 29, 2010 Jkt 089060 PO 00000 Frm 00111 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JY6.048 S28JYPT1 tjames on DSKG8SOYB1PROD with SENATE S6456 CONGRESSIONAL RECORD — SENATE July 28, 2010 The PRESIDING OFFICER. Without (A) the costs of operating inmate telephone S. RES. 598 objection, it is so ordered. services; Whereas millions of children and youth in (B) the general cost to prison telephone serv- AD HOC SUBCOMMITTEE ON STATE, LOCAL, AND the United States represent the hopes and ice providers of providing telephone services to PRIVATE SECTOR PREPAREDNESS AND INTE- future of the United States; the Federal prisons; GRATION AND THE AD HOC SUBCOMMITTEE ON Whereas numerous individuals, charities (C) the revenue obtained from inmate tele- DISASTER RECOVERY benefitting children, and youth-serving orga- phone systems; Mr. UDALL of Colorado. Mr. Presi- nizations that work with children and youth (D) how the revenue from these systems is collaborate to provide invaluable services to dent, I ask unanimous consent that the used by the Bureau of Prisons; and enrich and better the lives of children and Ad Hoc Subcommittee on State, Local, (E) options for lowering telephone costs to in- youth throughout the United States; and Private Sector Preparedness and mates and their families, while still maintaining Whereas raising awareness of and increas- Integration and the Ad Hoc Sub- sufficient security. ing support for organizations that provide committee on Disaster Recovery of the (2) A study of selected State and Federal ef- access to healthcare, social services, edu- Committee on Homeland Security and forts to prevent the smuggling of cell phones cation, the arts, sports, and other services and other wireless devices into prisons, includ- will result in the development of character Governmental Affairs be authorized to ing efforts that selected State and Federal au- meet during the session of the Senate and the future success of the children and thorities are making to minimize trafficking of youth of the Nation; on July 28, 2010, at 3 p.m. to conduct a cell phones by guards and other prison officials Whereas September, as the school year be- hearing entitled, ‘‘Flood Preparedness and recommendations to reduce the number of gins, is a time when parents, families, teach- and Mitigation: Map Modernization, cell phones that are trafficked into prisons. ers, school administrators, and communities Levee Inspection, and Levee Repairs.’’ (3) A study of cell phone use by inmates in se- increase their focus on children and youth The PRESIDING OFFICER. Without lected State and Federal prisons, including— throughout the United States; objection, it is so ordered. (A) the quantity of cell phones confiscated by Whereas September is a time for the people authorities in selected State and Federal pris- of the United States to highlight and be f ons; and mindful of the needs of children and youth; PRIVILEGES OF THE FLOOR (B) the reported impact, if any, of: (1) inmate Whereas private corporations and busi- cell phone use on the overall security of prisons; Mr. WHITEHOUSE. Mr. President, I nesses have joined with hundreds of national and (2) connections to criminal activity from and local charitable organizations through- ask unanimous consent that a fellow within prisons. out the United States in support of a month- from my office, Ms. Anna-Marie Laura, SEC. 4. COMPLIANCE WITH PAYGO. long focus on children and youth; and be granted floor privileges for the re- The budgetary effects of this Act, for the pur- Whereas designating September 2010 as mainder of this Congress. pose of complying with the Statutory Pay-As- ‘‘National Child Awareness Month’’ would The PRESIDING OFFICER. Without You-Go Act of 2010, shall be determined by ref- recognize that a long-term commitment to objection, it is so ordered. erence to the latest statement titled ‘‘Budgetary children and youth is in the public interest, Effects of PAYGO Legislation’’ for this Act, sub- and will encourage widespread support for f mitted for printing in the Congressional Record charities and organizations that seek to pro- CELL PHONE CONTRABAND ACT by the Chairman of the Committee on the Budg- vide a better future for the children and OF 2010 et of the House of Representatives, provided youth of the United States: Now, therefore, that such statement has been submitted prior to be it Mr. WHITEHOUSE. Mr. President, I the vote on passage. Resolved, That the Senate designates Sep- ask the chair to lay before the Senate tember 2010 as ‘‘National Child Awareness a message from the House with respect Mr. WHITEHOUSE. I ask unanimous consent that the Senate concur in the Month’’— to S. 1749. (1) to promote awareness of charities bene- The PRESIDING OFFICER laid be- House amendment and the motion to fitting children and youth-serving organiza- fore the Senate the following message: reconsider be laid upon the table, with tions throughout the United States; and no intervening action or debate. Resolved, That the bill from the Senate (S. (2) to recognize efforts made by such char- 1749) entitled ‘‘An Act to amend title 18, The PRESIDING OFFICER. Without ities and organizations on behalf of children United States Code, to prohibit the posses- objection, it is so ordered. and youth as critical contributions to the future of the Nation. sion or use of cell phones and similar wire- f less devices by Federal prisoners.’’, do pass f NATIONAL CHILD AWARENESS with the following amendment: NATIONAL AIRBORNE DAY Strike out all after the enacting clause and MONTH insert: Mr. WHITEHOUSE. I ask unanimous Mr. WHITEHOUSE. I ask unanimous SECTION 1. SHORT TITLE. consent that the Senate now proceed to consent that the Senate proceed to the This Act may be cited as the ‘‘Cell Phone Con- the consideration of S. Res. 598, sub- consideration of S. Res. 599, submitted traband Act of 2010’’. mitted earlier today. earlier today. SEC. 2. WIRELESS DEVICES IN PRISON. The PRESIDING OFFICER. The The PRESIDING OFFICER. The Section 1791 of title 18, United States Code, is clerk will report the resolution by clerk will report the resolution by amended— title. title. (1) in subsection (b)— The legislative clerk read as follows: (A) in paragraph (4), by striking ‘‘or The legislative clerk read as follows: A resolution (S. Res. 599) designating Au- (d)(1)(E)’’ and inserting ‘‘, (d)(1)(E), or A resolution (S. Res. 598) designating Sep- gust 16, 2010, as ‘‘National Airborne Day.’’ (d)(1)(F)’’; and tember 2010 as ‘‘National Child Awareness (B) in paragraph (5), by striking ‘‘(d)(1)(F)’’ Month’’ to promote awareness of charities There being no objection, the Senate and inserting ‘‘(d)(1)(G)’’; and benefitting children and youth-serving orga- proceeded to consider the resolution. (2) in subsection (d)(1)— nizations throughout the United States and Mr. WHITEHOUSE. I ask unanimous (A) in subparagraph (E), by striking ‘‘and’’ at recognizing efforts made by these charities consent that the resolution be agreed the end; and organizations on behalf of children and to, the preamble be agreed to, and the (B) by redesignating subparagraph (F) as sub- youth as critical contributions to the future motions to reconsider be laid upon the paragraph (G); and of the Nation. table. (C) by inserting after subparagraph (E) the There being no objection, the Senate following: The PRESIDING OFFICER. Without ‘‘(F) a phone or other device used by a user of proceeded to consider the resolution. objection, it is so ordered. commercial mobile service (as defined in section Mr. WHITEHOUSE. I ask unanimous The resolution (S. Res. 599) was 332(d) of the Communications Act of 1934 (47 consent that the resolution be agreed agreed to. U.S.C. 332(d))) in connection with such service; to, the preamble be agreed to, and the The preamble was agreed to. and’’. motions to reconsider be laid upon the The resolution, with its preamble, SEC. 3. GAO STUDY. table. reads as follows: Not later than 1 year after the date of enact- The PRESIDING OFFICER. Without S. RES. 599 ment of this Act, the Comptroller General shall objection, it is so ordered. submit a report to Congress with research and The resolution (S. Res. 598) was Whereas the airborne forces of the Armed findings on the following issues: Forces have a long and honorable history as (1) A study of telephone rates within Federal agreed to. units of bold and fierce warriors who, for the prisons to include information on interstate, The preamble was agreed to. national security of the United States and intrastate and collect calls made by prisoners, The resolution, with its preamble, the defense of freedom and peace, project the including— reads as follows: effective ground combat power of the United

VerDate Mar 15 2010 02:49 Jul 29, 2010 Jkt 089060 PO 00000 Frm 00112 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JY6.060 S28JYPT1 tjames on DSKG8SOYB1PROD with SENATE July 28, 2010 CONGRESSIONAL RECORD — SENATE S6457 States by Air Force air transport to the far cial operation forces, and, in former days, Whereas, the United States Department of reaches of the battle area and, indeed, to the glider troops; Justice has requested that the Senate Select far corners of the world; Whereas the history and achievements of Committee on Intelligence provide it with Whereas the United States experiment the members and former members of the documents in connection with a pending in- with airborne infantry attack began on June United States airborne forces warrant spe- vestigation into the unauthorized disclosure 25, 1940, when the Army Parachute Test Pla- cial expressions of the gratitude of the peo- of classified national security information; toon was first authorized by the Department ple of the United States; and Whereas, pursuant to sections 703(a) and of War and was launched when 48 volunteers Whereas, since the airborne community 704(a)(2) of the Ethics in Government Act of began training in July 1940; celebrates August 16 as the anniversary of 1978, 2 U.S.C. §§ 288b(a) and 288c(a)(2), the Whereas August 16 marks the anniversary the first official jump by the Army Para- Senate may direct its counsel to represent of the first official Army parachute jump on chute Test Platoon, August 16 would be an former or current employees of the Senate August 16, 1940, to test the innovative con- appropriate day to recognize as National Air- with respect to any subpoena, order, or re- cept of inserting United States ground com- borne Day: Now, therefore, be it quest for testimony relating to their official bat forces behind a battle line by means of Resolved, That the Senate— responsibilities; parachute; (1) designates August 16, 2010, as ‘‘National Whereas, by the privileges of the Senate of Whereas the success of the Army Para- Airborne Day’’; and the United States and Rule XI of the Stand- chute Test Platoon in the days immediately (2) calls on the people of the United States ing Rules of the Senate, no evidence under before the entry of the United States into to observe National Airborne Day with ap- the control or in the possession of the Senate World War II led to the formation of a formi- propriate programs, ceremonies, and activi- may, by the judicial or administrative proc- dable force of airborne units that have ties. ess, be taken from such control or possession served with distinction and have had re- f but by permission of the Senate; peated success in armed hostilities; Whereas, when it appears that evidence Whereas among those first airborne units SELECT COMMITTEE ON under the control or in the possession of the are the former 11th, 13th, and 17th Airborne INTELLIGENCE AUTHORIZATION Senate may promote the administration of Divisions, the current 82nd and 101st Air- Mr. WHITEHOUSE. Mr. President, I justice, the Senate will take such action as borne Divisions, and the later airborne regi- will promote the ends of justice consistent ments and battalions (some as components ask unanimous consent that the Sen- with the privileges of the Senate: Now, of those divisions and some as separate ate proceed to the immediate consider- therefore, be it units) that achieved distinction as the 75th ation of S. Res. 600, submitted earlier Resolved, That the Chairman and Vice Ranger Regiment, the 173rd Airborne Bri- today. Chairman of the Senate Select Committee gade Combat Team, the 187th Infantry (Air- The PRESIDING OFFICER. The on Intelligence, acting jointly, are author- borne) Regiment, which is the only airborne clerk will report the resolution by ized to provide to the United States Depart- unit to have served as a Glider, Parachute, ment of Justice, under appropriate security and Air Assault Regiment, the 501st, 502nd, title. The legislative clerk read as follows: procedures, copies of Committee documents 503rd, 504th, 505th, 506th, 507th, 508th, 509th, sought in connection with a pending inves- 511th, 513th, 517th, 541st, and 542nd Parachute A resolution (S. Res. 600) to authorize doc- tigation into the unauthorized disclosure of Infantry Regiments, the 88th, 127th, 193rd, ument production and testimony by, and classified national security information, and 194th, 325th, 326th, 327th, and 401st Glider In- representation of, the Select Committee on former and current employees of the Com- fantry Regiments, the 509th, 550th, 551st, and Intelligence. mittee are authorized to testify in pro- 555th Parachute Infantry Battalions, and the There being no objection, the Senate ceedings arising out of that investigation, 550th Airborne Infantry Battalion; except concerning matters for which a privi- Whereas the achievements of the airborne proceeded to consider the resolution. lege should be asserted. forces during World War II prompted the evo- Mr. REID. Mr. President, the Select SEC. 2. The Senate Legal Counsel is author- lution of those forces into a diversified force Committee on Intelligence has received ized to represent the Select Committee on of parachute and air assault units that, over a request from the Department of Jus- Intelligence, and any former or current em- the years, have fought in Korea, Vietnam, tice for records, created by the com- Grenada, Panama, the Persian Gulf region, ployee of the Committee from whom testi- mittee in the course of its oversight mony may be required, in connection with and Somalia and have engaged in peace- work, pertinent to a pending investiga- keeping operations in Lebanon, the Sinai Pe- the testimony and document production au- ninsula, the Dominican Republic, Haiti, Bos- tion into the unauthorized disclosure thorized in section one of this resolution. nia, and Kosovo; of classified national security informa- f Whereas since the terrorist attacks on Sep- tion by someone not connected with tember 11, 2001, United States paratroopers, the committee. MEASURE READ THE FIRST which include members of the XVIII Air- This resolution would authorize the TIME—S. 3663 borne Corps, the 82nd Airborne Division, the chairman and vice chairman of the Se- Mr. WHITEHOUSE. Mr. President, I 101st Airborne Division (Air Assault), the lect Committee on Intelligence, acting understand that S. 3663, introduced ear- 173rd Airborne Brigade Combat Team, the lier today by Senator REID, is at the 4th Brigade (Airborne) of the 25th Infantry jointly, to provide records, created by Division, the 75th Ranger Regiment, and spe- the committee in the course of over- desk, and I ask for its first reading. cial forces units, together with other units of sight, in response to this request from The PRESIDING OFFICER. The the Armed Forces, have demonstrated brav- the Department of Justice. clerk will read the title of the bill for ery and honor in combat operations, civil af- Because the Department of Justice the first time. fairs missions, and training operations in Af- may seek testimony at some point The legislative clerk read as follows: ghanistan and Iraq; from staff of the committee, the reso- A bill (S. 3663) to promote clean energy Whereas the modern day airborne force lution would also authorize former and jobs and oil company accountability, and for also includes other elite forces composed en- other purposes. tirely of airborne trained and qualified spe- current employees of the committee to cial operations warriors, including Army testify in proceedings arising out of Mr. WHITEHOUSE. Mr. President, I Special Forces, Marine Corps Reconnais- this matter, except where a privilege now ask for its second reading and ob- sance units, Navy SEALs, Air Force combat should be asserted, and to he rep- ject to my own request. control teams, pararescue, and weather resented by the Senate legal counsel. The PRESIDING OFFICER. Objec- teams, all of which are part of the United Mr. WHITEHOUSE. Mr. President, I tion is heard. States Special Operations Command; ask unanimous consent that the reso- The bill will be read for the second Whereas of the members and former mem- lution be agreed to, the preamble be bers of the United States airborne forces, time on the next legislative day. thousands have achieved the distinction of agreed to, the motions to reconsider be f laid upon the table, with no inter- making combat jumps, dozens have earned ORDERS FOR THURSDAY, JULY 29, the Medal of Honor, and hundreds have vening action or debate, and any state- earned the Distinguished Service Cross, the ments related to the resolution be 2010 Silver Star Medal, or other decorations and printed in the RECORD. Mr. WHITEHOUSE. Mr. President, I awards for displays heroism, gallantry, in- The PRESIDING OFFICER. Without ask unanimous consent that when the trepidity, and valor; objection, it is so ordered. Senate completes its business today, it Whereas the members and former members The resolution (S. Res. 600) was adjourn until 9:30 a.m., on Thursday, of the United States airborne forces are all members of a proud and honorable tradition agreed to. July 29; that following the prayer and that, together with their special skills and The preamble was agreed to. pledge, the Journal of proceedings be achievements, distinguishes them as intrepid The resolution, with its preamble, approved to date, the morning hour be combat parachutists, air assault forces, spe- reads as follows: deemed expired, the time for the two

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SUPPLEMENTAL APPROPRIATIONS This bill would also provide $10 billion for an our broken healthcare system. Many leaders ACT, 2010 Education Jobs Fund to provide additional in our armed forces, including Secretary emergency support to local school districts to Gates, have said that it is optimal for troops to SPEECH OF prevent impending layoffs. It is estimated that have two years between overseas deploy- HON. SHEILA JACKSON LEE this fund will help keep 140,000 school em- ments; yet, today, our troops have only a year OF TEXAS ployees on the job next year. at home between deployments. Expanding the Yet, despite these programs, the main pur- number of U.S. forces in Afghanistan by IN THE HOUSE OF REPRESENTATIVES pose of this bill is to extend funding for our 30,000 will negatively impact troop morale and Tuesday, July 27, 2010 military—funds to pay for the war in Afghani- will bring us further away from the conditions Ms. JACKSON LEE of Texas. Madam stan. It is this that I object to. Although the sit- necessary to maintain a strong, all-volunteer Speaker, I rise in opposition to H.R. 4899, the uation in Afghanistan is far from perfect, the military. ‘‘Supplemental Appropriations Act of 2010.’’ I return on our investment has diminished to a I very strongly believe that our Nation has a oppose the Senate amendments because they point where it no longer makes sense to main- moral obligation to ensure that our veterans will deny job programs to Americans, while tain a large-scale deployment. Additionally, as are treated with the respect and dignity that continuing to fund a war that has gone for far the human and financial costs continue to rise, they deserve. One reason that we are the too long. the war in Afghanistan is becoming increas- greatest Nation in the world is because of the I want to thank Chairman OBEY for his time- ingly unpalatable to the citizens of the United brave young men and women fighting for us in ly leadership on this legislation. Clearly, op- States. More than 1,000 U.S. soldiers have Iraq and Afghanistan. They deserve honor, posing a bill that you are charged with bring- been killed in Afghanistan since October 2001, they deserve dignity, and they deserve to ing to the floor is not easy. However, this is an and half of all deaths have occurred since the know that a grateful Nation cares about them. important moment to decide the direction that beginning of 2009. Roadside bombings are on Whether or not my colleagues agree that the our military involvement and national economy the rise, causing double the number of fatali- time has come to withdraw our American are headed. Without some of the programs cut ties in 2009 that they did in 2008. And 2010 forces from Afghanistan, I believe that all of us by the Senate, and with the knowledge re- is on track to be even worse by that measure. in Congress should be of one accord that our vealed by the leaked documents, the sum of Today we learned that one of two American troops deserve our sincere thanks and con- this bill is no longer palatable. servicemen who disappeared last week in a gratulations. As originally conceived, H.R. 4899 would dangerous area south of the Afghan capital It is because I respect our troops that I am have provided funding for the needs of the has been confirmed dead. The war in Afghani- voting to bring them home from a war that has American people, from national security, hous- stan should end as safely and quickly as pos- strayed far beyond its original mandate. The ing, employment, health, to education. I fully sible, and our troops should be brought home United States will not and should not perma- support these efforts and want to stress that with honor and a national day of celebration. nently prop up the Afghan government and we must continue to provide policies and fund- I strongly believe that this can and must be military. To date, almost $27 billion—more ing that ensure that the United States remains done by the end of the year. than half of all reconstruction dollars—has a global leader in science and technology, in- This stance is borne from my deeply held been apportioned to build the Afghan National cluding space exploration, which not only re- belief that we must commend our military for Security Forces. sults in knowledge-building, but also in hun- their exemplary performance and success in dreds of thousands of jobs throughout the Na- Afghanistan. As lawmakers continue to debate U.S. military involvement in Afghanistan will tion. U.S. policy in Afghanistan, our heroic young come to an end and, when U.S. forces leave, The legislation would provide resources to men and women continue to willingly sacrifice the responsibility for securing their nation will support over 350,000 jobs for youth ages 16 life and limb on the battlefield. Our troops in fall to the people and government of Afghani- to 21 through summer employment programs. Afghanistan did everything we asked them to stan. Governance is more than winning elec- This age group has some of the highest un- do. We sent them overseas to destroy the tions, it is about upholding human rights, es- employment levels, 25 percent for those aged roots of terror and protect our homeland; they pecially the rights of women; it requires fight- 16 to 24. This funding will allow local Work- are now caught in the midst of an insurgent ing corruption. Governance requires fighting force Investment Boards to expand successful civil war and continuing political upheaval. corruption. Governance requires providing for summer jobs programs that were funded in With the change in military leadership to the freedom to worship. Governance requires the Recovery Act. General Petraeus, one year before the target establishing schools that provide education The legislation would also fully fund the set- drawdown date of July 2011, America faces a from early childhood through higher education. tlement of both the Cobell and Pigford class critical juncture in our involvement in Afghani- Yet, Afghanistan has largely failed to insti- action lawsuits. The Cobell settlement con- stan and Pakistan. Recently, I returned from a tute the internal reforms necessary to justify cerns the government’s management and ac- 5-day trip to Afghanistan where I met with our America’s continued involvement. The recent counting for over 300,000 American Indians, outstanding men and women serving in the re- elections did not reflect the will of the people, trust accounts, and the Pigford settlement gion. Although I found our troops and civilians and the government has consistently failed to ends a decades-old discrimination lawsuit to be of the highest caliber, I left Afghanistan gain the trust of the people of Afghanistan. brought by black farmers against USDA. with the impression the reasons for keeping The troubling reports about the elections that Before it was amended, this supplemental them in a dangerous theatre have diminished. were held on August 20, 2009 were the first appropriation would have provided over $24 Today, we are at risk of forgetting the impetus in a series of very worrisome developments. billion to keep teachers, firefighters and law for going to war. This is a dangerous mistake. The electoral process is at the heart of de- enforcement personnel on the job while states Extending our involvement beyond the initial mocracy and the disdain for that process that continue to recover from the recession; over mandate is an unnecessary risk that makes was displayed in the Afghanistan elections $13 billion for Vietnam veterans and survivors the United States vulnerable. gives me great pause. The Special Inspector exposed to Agent Orange; $5.7 billion for Throughout the discussion of the Adminis- General for Afghanistan Reconstruction re- PELL; $2.8 billion for Haiti; $677 million for tration’s proposed surge, I expressed my con- cently released his quarterly report which de- border security; $275 million for the Gulf Coast cern for the cost of sending additional troops, tailed our Nation’s efforts to work with contrac- oil spill including unemployment benefits pro- as well as the effect that a larger presence in tors and the Afghanistan government to pre- gram and unemployment assistance related to Afghanistan will have on troop morale. The vent fraud and enhance transparency. This is the oil spill and an oil spill relief employment White House estimates that it will cost $1 mil- the 8th report by the Special Inspector Gen- program that are underway for the self-em- lion per year for each additional soldier de- eral but, as a recent series in the Washington ployed businessmen and women who were ployed, and I believe that $30 billion would be Post showed, we are unable to stem the flow greatly impacted by the Gulf Coast oil spill. better spent on developing new jobs and fixing of corruption and waste within Afghanistan,

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

VerDate Mar 15 2010 06:40 Jul 29, 2010 Jkt 089060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A28JY8.001 E28JYPT1 pwalker on DSK8KYBLC1PROD with REMARKS E1446 CONGRESSIONAL RECORD — Extensions of Remarks July 28, 2010 despite our efforts at reforming our own concluding a timetable for our operations in Af- statistical studies almost forty years ago. In tracting procedures. This money likely comes ghanistan, we focus our mission and place it comparison to a 4 percent rise in unemploy- from the opium trade and U.S. assistance and, in a long-term context. But there is no need to ment for white youth, 7 percent more African the Washington Post estimates, totals over ignore the successes and heroic work of the Americans and 10 percent more Hispanics be- one billion dollars each year. Armed forces and the civilian humanitarian came unemployed between 2006 and 2009. The task of establishing legitimate governing workers. We can declare victory having These numbers are troubling, and indicate a practices remains formidable. A November 17, achieved a stable government in Afghanistan need for intervention on our part. 2009 report from Transparency International and bring our troops home with honor. It is important that in our efforts to aid in the listed Afghanistan as the second most corrupt Although development to improve the lives economic recovery effort, we do not forget our country in the world, continuing its second of the Afghan people is important, defeating young Americans. Their career development is straight year of declining in the corruption al-Qaeda, and the threat they pose to America crucial to ensuring that whatever economic index. Such news is disparaging and provides and our allies is the most important objective strides we make today will be sustainable to- an important dynamic to how we consider our of our operations. To that end, I believe that morrow. As such, we must ensure that we do strategy with regards to Afghanistan going for- Pakistan, not Afghanistan, is now the key to not neglect the hardships that have been in- ward. In January, a UN survey found that an success and stability in the region. Over the flicted upon them as a result of the economic overwhelming 59 percent of Afghans view past 8 years, Coalition Forces have success- downturn. These funds will promote the intel- public dishonesty as a bigger concern than in- fully pushed most of al-Qaeda out of Afghani- lectual development of our youth, which, in security, 54 percent and unemployment, 52 stan and into Pakistan. This has not only put turn, will promote a healthy and innovative percent. This is telling for a country with wide- them outside the mandate of our forces, but economy. Studies have also shown that such spread violence and an unemployment rate of has also forced Pakistan to address an en- an initiative could work to decrease the likeli- 40 percent. larged terrorist threat. hood of criminal activity by young individuals, As Co-Chair of the Congressional U.S.-Af- During his State of the Union Address, who are less likely to engage in such activity ghanistan Caucus, I have called for policies President Obama spoke of the importance of when they are involved in productive use of that allow the United States to provide benefits Pakistan when he noted ‘‘America will remain their time. to the people of Afghanistan. Our effort must a strong supporter of Pakistan’s security and This Amendment will provide an indispen- enhance our efforts at building both hard and prosperity long after the guns have fallen si- sable source of support for our States to help soft infrastructure in Afghanistan. Change in lent, so that the great potential of its people them develop our youth. For these reasons, I Afghanistan is going to come through schools can be unleashed.’’ As the Co-Chair of the urge my colleagues to support my Amendment and roads, through health care and economic Congressional Pakistan Caucus, I know, first on summer youth jobs. opportunity, and through increased trade and hand, of the great potential of the Pakistani I thank you for consideration of H.R. 4899 exchange. The Afghan people need our help people, and I strongly believe that the recently for the Fiscal Year 2010 Emergency Supple- to achieve these objectives, but I am not con- approved assistance package to Pakistan will mental Appropriations bill. Finally, no family, vinced that our military is the solution. If the work to this end. U.S. foreign assistance to no settlement money for the Black farmers, no Government of Afghanistan can demonstrate a Pakistan will improve Pakistan’s capacity to monies to save the jobs of teachers, police responsible and non-corrupt commitment to its address terrorist networks within its own bor- and fire personnel. This bill is lacking in help- people, I believe that America should respond ders, but I worry that a troop increase will ing more of the American People. with appropriate and targeted foreign assist- cause even more refugees and insurgents to ance. cross into Pakistan. f I am also concerned that the United States Ultimately, we in Congress must decide is shouldering too much of the burden in Af- what is in the best interest of the American HONORING THE CAREER OF ghanistan. Although the terror attacks on people. Fighting al-Qaeda was in the best in- KENNETH CANTER, D.P.M. American soil prompted NATO to respond with terest of the American people in 2001, as it collective military action, no nation is immune continues to be today. Yet, we are now fight- HON. BETTY McCOLLUM from the threat of terrorism. Although the ing an insurgency—not al-Qaeda—in Afghani- troops and resources provided by our allies stan. This should not be their mission, and we OF MINNESOTA have been invaluable to date, especially in re- must bring our troops home. IN THE HOUSE OF REPRESENTATIVES garding development for the people of Afghan- MAKING EMERGENCY SUPPLEMENTAL APPROPRIATIONS Wednesday, July 28, 2010 istan, questions must be raised about how FOR DISASTER RELIEF AND SUMMER JOBS FOR THE long other nations will remain involved in Af- FISCAL YEAR ENDING SEPTEMBER 30, 2010 AND FOR Ms. MCCOLLUM. Madam Speaker, today I ghanistan. France and Germany, for example OTHER PURPOSES rise to honor the service of Kenneth Canter, have already questioned whether or not to Madam Speaker, as you know, the Senate Doctor of Podiatric Medicine, who recently re- send additional troops. NATO resources must has proposed to strike out a portion of the Act tired after 32 years serving our veterans at the continue to focus on improving the livelihoods that is vital to supporting the career develop- Minneapolis VA Medical Center. of the Afghan people, but if the support of ment of our nation’s youth. My amendment Dr. Canter received his undergraduate de- these governments waiver, American troops would reinstate the section of the bill per- gree from the University of Maryland in Col- and Afghan citizens will suffer the containing to ‘‘Employment and Training Adminis- lege Park, Maryland and his medical degree sequences. tration’’, which appropriates $600 million dol- from the Pennsylvania College of Podiatric I agree with our President that a stable Af- lars in grants to states to support summer em- Medicine in Philadelphia, Pennsylvania in ghanistan is in the best interest of the inter- ployment programs for youth. 1972. He began his career with the Depart- national community and I was pleased to see The recent recession has affected various ment of Veterans Affairs in Minneapolis in President Obama’s outreach to our allies for sectors, and unemployment has been borne 1977 as one of the first 35 podiatrists hired to additional troops. Currently, 41 NATO and by many sectors of the economy, particularly treat our veterans. For 32 years, he worked at other allied countries contribute nearly 36,000 in the housing and banking sectors. The suf- the Minneapolis VA Medical Center, retiring as troops. That number is expected to increase fering that comes with a major economic Chief of Podiatry in June 2010. by nearly 6,000 with at least 5,000 additional downturn has been felt not only by the adult Dr. Canter cared for Minnesota veterans troops coming from NATO member countries. population, but by our youth as well, and they with compassion and respect, always taking Multilateralism is vital to ensuring that our op- have been hindered in their efforts to acquire additional care to render the finest and most erations in Afghanistan succeed. summer employment as I speak. Statistics effective treatments. Aside from treating his Madam Speaker, today, we face difficult re- also demonstrate that youth minority groups patients, he authored scientific articles and alities on the ground. The Taliban attacks our have been more affected than other groups of mentored podiatrists who came to the VA for forces whenever and wherever they can. young individuals. Data assembled by the Bu- post-graduate training. Dr. Canter’s dedication Agents of the Taliban seek to turn the people reau of Labor Statistics indicates that in July to outstanding medical care and sincere con- of Afghanistan against us as we attempt to 2009, 51.4 percent of young persons between cern for our nation’s veterans are the qualities provide them with help in every way we can. the ages of 16 and 24 were involved in some of a truly great VA doctor, and I am proud that This situation is unsustainable. Afghanistan’s form of summer employment. This was the he is a resident of my Congressional District. history has earned it the nickname, ‘‘The lowest recorded rate since 1964. The youth Madam Speaker, please join me in honoring Graveyard of Empires,’’ and I believe that we unemployment rate, at 18.5 percent, was also Dr. Kenneth Canter for his distinguished 32 should not take this grim history lightly. By in- a record low since the onset of the Bureau’s years of service to Minnesota veterans.

VerDate Mar 15 2010 06:40 Jul 29, 2010 Jkt 089060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\A28JY8.004 E28JYPT1 pwalker on DSK8KYBLC1PROD with REMARKS July 28, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E1447 HONORING THE HENDERSON provided a vehicle for residents to share a I’d continue to make ideas the heart of re- MEMORIAL BAPTIST CHURCH wide range of viewpoints. porting. I also salute the paper’s contributors. They I’d keep in mind that important and even include John Fish, Roberto Porras, Sam Has- great ideas can come from unexpected HON. MICHAEL H. MICHAUD sources buried deep in conversations. san, Rick Ness, J.C. Choe, Raby Savage, Eu- OF MAINE I’d keep the Letters to the Editor section IN THE HOUSE OF REPRESENTATIVES gene Yi, and Elias Cruz, among others. As as a truly open forum for all voices and view- Jerry says, they all served the Garment & Cit- Wednesday, July 28, 2010 points in the community. izen and the community with great skill and I’d continue to laud police officers for the Mr. MICHAUD. Madam Speaker, I rise dedication. job they do so well the vast majority of the today to recognize the Henderson Memorial I wish Jerry well as he pursues new en- time. Baptist Church for their remarkable persever- deavors. While the Echo Park resident will no I’d keep calling police officers to task—and ance and dedication to their community. longer hang his notorious fedora in the office give others the opportunity to do so—on The Henderson Memorial Baptist Church of the Garment & Citizen, all of us here in the matters of public concern. was formed in the homes and barns of the U.S. House of Representatives will continue to I’d continue to make space for the poets people of Farmington in 1810. Without a build- have a unique connection to Jerry. We have who happen to wash dishes or manufacture garments on their day jobs. ing to meet in, community members met in pri- the privilege of working closely with one of I’d keep reminding longtime, hard-pressed vate spaces until they built their church in Jerry’s eight siblings, John Sullivan, who has Downtown residents that property owners 1836. From its humble beginnings, the church served as House Parliamentarian since May have a right to build lofts—and young, and its members formed a strong bond that 2004. Upon learning of this tribute, John said upscale tenants have a right to move into lasts to this day. of his brother, ‘‘It is impossible for me to over- them. Despite many obstacles, the congregation state how proud I am to be Jerry’s brother, I’d still tell developers and young, upscale continues to thrive. Two major fires disrupted and I know I can say the same for each of our tenants that a community existed Downtown the ability of church members to practice in brothers and sisters.’’ long before anyone built any lofts—and re- their building in 1886 and again in 1938. Both Madam Speaker, I ask my colleagues to mind them that all communities deserve re- of these fires were devastating, especially please join me in thanking Jerry and his team spect. considering the loss of a new Austin pipe for their accomplishments and success in pub- I’d keep telling the folks in Echo Park about the Lions Club. organ bought through donations during the lishing the Garment & Citizen. To fully tell the I’d continue to highlight the success sto- Great Depression. However, the congregation story of the newspaper, I would like to submit ries of youngsters in Westlake and Pico- has always rallied to rebuild and continue their into the CONGRESSIONAL RECORD Jerry’s own Union. good work. reflections. They clearly reveal his passion I’d keep mentioning Angeleno Heights at The community of the Henderson Memorial and commitment to the news industry and Los every legitimate opportunity. Baptist Church has always come together and Angeles’ culturally rich Downtown neighbor- I’d always expect the unexpected in China- united for the common goal of keeping their hoods that he and I both know well, love and town. church and congregation alive. The resiliency celebrate. I’d still keep some space reserved on dead- shown by this congregation during their tumul- line for late-breaking news on the latest WHAT WORKED tuous history is highly commendable. community cause in Little Tokyo. (By Jerry Sullivan, Editor & Publisher, Los I’d keep asking why suffering has such a Madam Speaker, please join me in honoring Angeles Garment & Citizen) the Henderson Memorial Baptist Church for comfortable home on Skid Row. ‘‘A lot of famous folks have said that they their resiliency, perseverance and extraor- I’d remember to always respect my elders wouldn’t change a thing if they had it all to on Bunker Hill. dinary dedication. do over again. I’d continue to appreciate the artists of the f I don’t think any of them ever had to shut Arts District. down a community newspaper. A TRIBUTE IN RECOGNITION OF I’d continue to learn from the contentious I would change some things if I had it to do culture of the Fashion District. THE WEEKLY DOWNTOWN LOS over again. I’d keep marveling at the blend of old and ANGELES COMMUNITY NEWS- I’d make some changes—apply the lessons new ways in the Jewelry District. PAPER, THE GARMENT & CIT- of experience—because whatever I did as the I’d still highlight folks who work hard and IZEN, AND ITS FOUNDER, EDI- founder and editor and publisher of the Los choose decency every day as the Local He- TOR AND PUBLISHER, JERRY Angeles Garment & Citizen didn’t get the roes of our society. newspaper through these historically tough SULLIVAN There are many more things I would do economic times. again, because the Garment & Citizen earned I can carry the weight of that outcome be- some great victories. Our coverage has cause—while I would make some changes if I HON. LUCILLE ROYBAL-ALLARD mattered. We saved taxpayers money. We had it all to do over—there are so many OF CALIFORNIA gave credit where it was due to the mothers things that I would make sure to do again. IN THE HOUSE OF REPRESENTATIVES and fathers, sons and daughters, and workers I would again keep my eyes and my mind and business owners who make our city Wednesday, July 28, 2010 wide open in order to give the community work. We added valuable insights, criticisms the coverage it deserves. Ms. ROYBAL-ALLARD. Madam Speaker, I and plaudits to the public debate. rise today to recognize the Los Angeles Gar- I’d still tell everyone’s truth—not just this niche or that demographic group. I’d keep The Garment & Citizen served with honor ment & Citizen newspaper in Downtown Los striving to tell the stories of the entire com- and distinct style. We developed a voice that Angeles, which, after 10 years in publication, munity, and to explain how and why this reached our readers and earned a strong and is closing its doors this month. segment or demographic group matters to unique connection with their lives. We With a weekly circulation of 10,000, the Gar- the other. reached rich, poor, working-class and mid- ment & Citizen covered Downtown and the ad- I’d continue to acknowledge the fact that dle-class individuals and families. We reached across ethnic and racial and reli- jacent areas of Echo Park, Angeleno Heights, readers are smart. I’d keep giving advertisers credit for their gious lines. We reached them all—and called Silverlake, Westlake, Pico-Union, Chinatown, them a community. Little Tokyo, the Arts District and portions of roles as members of the community. I’d always do my best to hold both readers The Garment & Citizen will disappear but south Los Angeles. and advertisers accountable for their actions the community shall remain. As the member of Congress who represents as community members. It’s now up to others to serve this commu- Downtown, I know the closure of this free I’d keep assuming that immigrants are nity with the comprehension, courage, and weekly will leave a void. Jerry Sullivan, the pa- part of our American culture—whether clarity that’s called for by the guarantee of per’s founder, editor and publisher, started the they’ve obtained citizenship or remain un- freedom of the press that we enjoy under the Garment & Citizen in 2000 to report Down- certain about taking that step. 1st Amendment to the U.S. Constitution. town area news and events that were not I’d still speak truth to power in plain lan- The Garment & Citizen has demonstrated that it can be done. being reported elsewhere. guage. I’d still keep a civil tone in all matters. Our fate also shows that it could be done Every week, one could always count on I’d still receive whoever found their way to better. Jerry to run news items that directly related to my office, and listen to their story even if I will look upon the next effort with inter- the diverse readership he served. The articles their only point is to let someone know that est. heralded the achievements of Downtown stu- they weren’t always in the shape they’re in Respectfully, dents, workers, families and businesses, and today. JERRY SULLIVAN.

VerDate Mar 15 2010 06:40 Jul 29, 2010 Jkt 089060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\A28JY8.008 E28JYPT1 pwalker on DSK8KYBLC1PROD with REMARKS E1448 CONGRESSIONAL RECORD — Extensions of Remarks July 28, 2010 TRIBUTE TO TRACY PATTON, 2010 ing to turn their lives around through bank- and Rescue, Michigan Army Reserve National STATE WINNER OF LETTERS ruptcy proceedings. Guard, Michigan Department of Natural Re- ABOUT LITERATURE COMPETI- Most States, including Michigan, do not pro- sources and Environment Forest Management TION tect gun owners in bankruptcy because fire- Division and USDA Forest Service, Mio Rang- arms are not listed among the ‘‘household er District. HON. SHELLEY MOORE CAPITO goods’’ exempt from the claims of creditors. In Madam Speaker, the men and women of OF WEST VIRGINIA 2005, amendments to the bankruptcy code these agencies did excellent work controlling IN THE HOUSE OF REPRESENTATIVES made it even more unlikely firearms would be and containing the Meridian Boundary and considered a ‘‘household good.’’ However, Range 9 forest fires and keeping people in the Wednesday, July 28, 2010 H.R. 5827 changes that. Specifically, it permits surrounding communities safe. Therefore, I Mrs. CAPITO. Madam Speaker, I rise today firearms—rifles, pistols and shotguns, up to an ask that you, and all of my colleagues in the to honor Tracy Patton and congratulate her as aggregate value of $3,000—held primarily for U.S. House of Representatives, join me in rec- a state winner of the Library of Congress 2010 the personal, family or household use of the ognizing their service, honoring their bravery, Letters About Literature competition. debtor to be exempt from the claims of credi- and thanking them for the heroic job they did Letters About Literature is a program devel- tors under federal exemption law. in fighting these fires. oped by the Library of Congress in partnership Enacting H.R. 5827 will allow the citizens of f with Target Stores and state Centers for the Michigan and across the United States the Book. It aims to promote reading and writing ease of knowing they can protect themselves HONORING MR. IRVIN R. LAI to young people in fourth through twelfth and their families in good times and bad. This grades across the nation. Students are en- is an important bill and I urge my colleagues HON. JUDY CHU couraged to read a book, then write a letter to to join me in voting for it. OF CALIFORNIA the author, dead or alive, conveying their ap- f IN THE HOUSE OF REPRESENTATIVES preciation for the book and its impact on their Wednesday, July 28, 2010 lives. More than 70,000 students from across HONORING THE AGENCIES IN- the nation that entered the contest, a 25% in- VOLVED IN CONTAINING THE Ms. CHU. Madam Speaker, I rise today to crease from last year’s competition. RANGE 9 AND MERIDIAN BOUND- recognize a great loss to our community, Mr. The Letters About Literature competition di- ARY FOREST FIRES IN NORTH- Irvin Lai, who passed away on July 16, 2010, vided students into three divisions by age, and ERN MICHIGAN at the age of 83. My heart goes out to his son, the top letter from each age level were chosen Laurence; his daughters Arlene Lowe, Corinne from the states. Level three included all high HON. BART STUPAK Gill, Irene Jong, Kathleen Lih and Pauline school students, in ninth through twelfth OF MICHIGAN Yau; his brother Collin and sister Mildred grades. Tracy was chosen as the Level 3 IN THE HOUSE OF REPRESENTATIVES Wong; his 12 grandchildren and three great- grandchildren; and the rest of his family and state winner for 2010 by West Virginia’s panel Wednesday, July 28, 2010 of judges, comprised of authors, editors, pub- friends. lishers, librarians, and teachers. She ad- Mr. STUPAK. Madam Speaker, I rise to rec- Irvin was an extraordinary citizen, a role dressed her letter to renowned playwright and ognize the men and women who showed model for community activism and a powerful poet William Shakespeare, about his tragedy bravery and perseverance in fighting the Me- advocate for the Chinese American commu- Romeo and Juliet. Tracy is from Charleston, ridian Boundary and Range 9 Fires in northern nity. His selfless and just nature was cultivated West Virginia and attends Capital High Michigan’s Crawford County and surrounding in childhood during the Great Depression by School. Tracy’s teacher, Rosalie Blaul, sub- areas in May of this year. Through their im- his mother, Effie Lai, an unpaid social worker mitted this winning letter. pressive efforts the fire’s damage was con- who helped Chinese immigrant women navi- It is an honor to pay tribute to Tracy Patton, tained with minimal loss of structures and no gate the U.S. social welfare system. It was his a student that has committed herself to schol- loss of life. mother’s work, and his education in a seg- arship in reading and writing. Bright young On May 18, two separate forest fires broke regated ‘‘Oriental’’ school, that taught him the minds such as hers are truly the future of the out only two counties apart—one in Crawford importance of joining together and helping his Mountain State, and I wish her congratula- County and the other on land within Camp community. tions. Grayling’s Range No. 9 near the border of Lai first served his country as a teenage vol- f Crawford and Kalkaska Counties. Federal, unteer in the U.S. Coast Guard Merchant Ma- State and local agencies worked together, rines during World War II, where he achieved PROTECTING GUN OWNERS IN managing the two fires as one single complex. rank of Chief Steward during his 2 years of BANKRUPTCY ACT OF 2010 In total, 16 local fire departments worked service. In 1950 he was drafted into the Ko- alongside members of the Michigan Army Re- rean War, where he served for 2 years in the SPEECH OF serve National Guard and State and federal 4th Infantry Division, 42nd Field Artillery in HON. JOHN D. DINGELL forest management officials, to have the fire Germany. OF MICHIGAN 95 percent contained within 8 days. But it was upon his return from the war that IN THE HOUSE OF REPRESENTATIVES In all, nearly ten thousand acres were im- Mr. Lai’s civil rights activism really took off, pacted by the fires, with 12 residences de- when he joined the Los Angeles Lodge of the Tuesday, July 27, 2010 stroyed and 6 residences damaged. These Chinese American Citizens Alliance in 1957. Mr. DINGELL. Mr. Speaker, I rise in support firefighters and responders acted with exper- He worked his way up to national Grand of H.R. 5827, the Protecting Gun Owners in tise in the field and crews worked around the President of the Alliance by 1985, and along Bankruptcy Act of 2010. This legislation will clock to fight and contain the blaze. Without the way he fought hard for equal political and ensure that individuals’ Second Amendment their determined efforts and quick response economic rights for all Chinese Americans. rights are secure when they enter into bank- the situation on the ground likely would have Irvin is probably best known for saving the ruptcy. been far worse. Peking duck in America, when he led the In these challenging economic times, I have Agencies involved in containing the Meridian charge to change a law that required Chinese heard from families in Michigan’s 15th Con- Boundary and Range 9 Fires were: South restauranteurs to throw away large quantities gressional District concerned they will lose Branch Township Fire Department, Higgins of Chinese roast duck and dim sum, or re- their ability to protect themselves and their Township Fire Department, Frederic Township ceive costly citations. As a direct result of tes- families should they enter into bankruptcy. As Fire Department, Beaver Creek Township Fire timony from Mr. Lai before the State Legisla- the Supreme Court recently ruled in Heller vs. Department, Grayling Fire Department, Lovells ture, a roast duck exemption was added to the the District of Columbia and confirmed in Township Fire Department, Luzerne-Big Creek health code. McDonald vs. Chicago, the Second Amend- Township Fire Department, Tri-Town Fire De- Mr. Lai also stepped forward to help arrange ment affords individuals across the nation the partment, Merritt Fire Rescue Department, the proper reinterment of Chinese remains un- right to keep and bear arms for the purpose of Clam Union Fire Department, Lake Missaukee earthed during construction of the Gold Line self defense. Hardworking Americans who Area Fire Department, McBain Fire Depart- Eastside Extension, and the preservation of have lost their jobs due to the economic ment, Lake City Fire Department, Otsego artifacts found at the site. downturn should not fear that they will be County Fire Department, Otsego Lake Town- I urge all my House colleagues to join me stripped of those rights because they are try- ship Fire Department, Vanderbilt Corwith Fire in honoring our community hero, Mr. Irvin for

VerDate Mar 15 2010 06:40 Jul 29, 2010 Jkt 089060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\K28JY8.002 E28JYPT1 pwalker on DSK8KYBLC1PROD with REMARKS July 28, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E1449 his remarkable service and contributions to PERSONAL EXPLANATION TRIBUTE TO CARA LASWELL, 2010 our country. STATE WINNER OF LETTERS f HON. PETER T. KING ABOUT LITERATURE COMPETI- TION TRIBUTE TO MOLLY LOVERN, 2010 OF NEW YORK STATE WINNER OF LETTERS IN THE HOUSE OF REPRESENTATIVES HON. SHELLEY MOORE CAPITO ABOUT LITERATURE COMPETI- Wednesday, July 28, 2010 OF WEST VIRGINIA TION Mr. KING of New York. Madam Speaker, I IN THE HOUSE OF REPRESENTATIVES HON. SHELLEY MOORE CAPITO regret that I was unable to be in Washington Wednesday, July 28, 2010 from July 12 through July 15 and missed roll- Mrs. CAPITO. Madam Speaker, I rise today OF WEST VIRGINIA call votes 434 through 466 due to illness. to honor Cara Laswell and congratulate her as IN THE HOUSE OF REPRESENTATIVES a state winner of the Library of Congress 2010 Wednesday, July 28, 2010 f Letters About Literature competition. Letters About Literature is a program devel- Mrs. CAPITO. Madam Speaker, I rise today SUPPLEMENTAL APPROPRIATIONS oped by the Library of Congress in partnership to honor Molly Lovern and congratulate her as ACT, 2010 a state winner of the Library of Congress 2010 with Target Stores and state Centers for the Book. It aims to promote reading and writing Letters About Literature competition. SPEECH OF Letters About Literature is a program devel- to young people in fourth through twelfth oped by the Library of Congress in partnership HON. BOB ETHERIDGE grades across the nation. Students are en- with Target Stores and state Centers for the OF NORTH CAROLINA couraged to read a book, and then write a letter conveying their appreciation for the book Book. It aims to promote reading and writing IN THE HOUSE OF REPRESENTATIVES and its impact on their lives to the author, liv- to young people in fourth through twelfth Tuesday, July 27, 2010 ing or dead. Of the 70,000 students from grades across the nation. Students are en- across the nation that entered the contest, a couraged to read a book, then write a letter to Mr. ETHERIDGE. Madam Speaker, I rise 25% increase from last year’s competition. the author, dead or alive, conveying their ap- today in support of H.R. 4899, the Supple- mental Appropriations Act of 2010. Cara was chosen as the 2010 state winner by preciation for the book and its impact on their West Virginia’s panel of judges, comprised of lives. More than 70,000 students from across This Supplemental Appropriations Act provides funds to meet the needs of our troops authors, editors, publishers, librarians, and the nation that entered the contest, a 25% in- teachers. crease from last year’s competition. abroad and our families at home. It provides emergency flood relief for those recently The contest divided students into three divi- The Letters About Literature competition di- sions by age, and the top letter from each age vided students into three divisions by age, and washed out of their homes, improves Federal mine safety for those risking their lives to get level were chosen from the states. The young- the top letter from each age level were chosen est division included students from fourth energy from American soil, and supports dis- from the states. Level two included all stu- through sixth grades. Cara Laswell from Fair- abled veterans who have given so much to dents in seventh and eighth grades. Molly was mont wrote the winning Level 1 letter from our nation. chosen as the Level 2 winner for 2010 by West Virginia. Her letter was addressed to This funding will reduce injuries and in- West Virginia’s panel of judges, comprised of Jerry Spinelli about his book Stargirl. Cara at- crease recovery in the wars in Iraq and Af- authors, editors, publishers, librarians, and tends Fairmont Catholic Elementary School, ghanistan. It will reduce injuries by replacing teachers. She addressed her letter to Jean- and her letter was submitted by her teacher vulnerable military transports with mine-resist- Dominique Bouby, about his book, The Diving Cynthia Garcia. Bell and the Butterfly. Molly is from Fairmont, ant ambush-protected vehicles, and provide It is an honor to pay tribute to Cara Laswell, West Virginia and attends Bluefield Middle ballistic protection for helicopters that are in a young student that has committed herself to School. Molly’s teacher, Mrs. Putorek, sub- the line of fire. Even with this additional pro- scholarship in reading and writing. Bright mitted the winning letter. tection, injury is inevitable, but this bill en- young minds such as hers are truly the future It is an honor to pay tribute to Molly Lovern, hances the healing mission. It funds field med- of the Mountain State, and I wish her con- a student that has committed herself to schol- ical equipment to help heal those who are in- gratulations. jured in battle and it funds health care for sol- arship in reading and writing. Bright young f minds such as hers are truly the future of the diers when they come home. Veterans ex- Mountain State, and I wish her congratula- posed to Agent Orange, and their survivors, RECOGNITION OF NATIONAL tions. will finally receive the disability payments they CONVENIENT CARE CLINIC WEEK f deserve. The promises kept in this bill fulfill our commitments to soldiers today and our HON. LOIS CAPPS RECOGNIZING THE HEROISM OF veterans from past conflicts. OF CALIFORNIA EVAN LANGSTON Unfortunately, this version of the bill leaves IN THE HOUSE OF REPRESENTATIVES out necessary funding for priorities here at Wednesday, July 28, 2010 home. Our children need teachers. Our neigh- HON. JOHN BOOZMAN Mrs. CAPPS. Madam Speaker, today I rise borhoods need first responders. I agree that OF ARKANSAS in recognition of National Convenient Care ignoring the needs of our states and local IN THE HOUSE OF REPRESENTATIVES Week and in support of the 1,100 retail-based communities is wrong. However, we cannot Wednesday, July 28, 2010 convenient care clinics in our nation. make that right by ignoring the needs of our Convenient care clinics, which are based in Mr. BOOZMAN. Madam Speaker, I rise troops, our citizens in the Gulf, and by leaving retail outlets with pharmacy services across today to honor Mr. Evan Langston, for his act our citizens to face hurricane season with no the nation, provide an extension to our tradi- of heroism. His call to action in an emergency possibility of help from FEMA. Without this tional health care system. Primarily staffed by situation saved the lives of his fellow citizens funding, the President can still declare disaster nurse practitioners, these clinics provide pre- in Franklin County, Arkansas. areas. But those declarations need to be ventative services like vaccinations, as well as Mr. Langston was the first to arrive at an ac- backed up with the people, the expertise, and acute illness diagnosis and treatment. Further- cident on highway 309 in April and helped the the funds provided in this bill. The need to more, they can also provide needed services passengers get out of the burning car. He suc- support our troops and keep them safe will not to help manage chronic illnesses. cessfully helped a mother and her children get go away either. Convenient care clinics are an important out of dangers way. By doing so, he saved The funding in this bill will assist America in component of our health care system. Not their lives and I would like to ask my col- our shared, but fragile recovery. Forest lands only are they a way to relieve the stress on leagues to join me in recognizing Mr. damaged by natural disaster can be restored. busy emergency rooms and primary care of- Langston with the honor he deserves. Coast Guard helicopters damaged in the line fices, but they also provide care to working By acting as a good samaritan, he pre- of duty can be replaced. Fisheries in the Gulf families who benefit from their extended hours vented a great tragedy within his community, Coast can be helped towards recovery and and walk-in policies. and for that I wish to honor him with my ap- restoration. For all of these reasons, I encourage my preciation. Mr. Langston’s selfless actions Madam Speaker, I urge my colleagues to colleagues to support National Convenient have not gone unnoticed. join me in voting ‘‘yes’’ on this bill. Care Week.

VerDate Mar 15 2010 06:40 Jul 29, 2010 Jkt 089060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\A28JY8.011 E28JYPT1 pwalker on DSK8KYBLC1PROD with REMARKS E1450 CONGRESSIONAL RECORD — Extensions of Remarks July 28, 2010 DR. WALTER L. SMITH THE TELEWORK IMPROVEMENT to provide Congress with a plan for the expe- ACT ditious redeployment of U.S. troops in Afghani- HON. KATHY CASTOR stan and a timeline for completion of the rede- HON. BETTY McCOLLUM ployment. OF FLORIDA OF MINNESOTA But the bill before us is simply a continuation of a policy that needs to be changed— IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES with no accountability and no debate on the Wednesday, July 28, 2010 Wednesday, July 28, 2010 merits of continuing this conflict in a country Ms. CASTOR of Florida. Madam Speaker, I Ms. MCCOLLUM. Madam Speaker, I rise in beset by corruption and seemingly endless vi- rise to herald the achievements of Dr. Walter support of the Telework Improvement Act. olence. L. Smith, and to acknowledge our pride in his This bill will help to modernize the Federal Contained in this bill is badly needed fund- contribution to the education community. Government by expanding and improving the ing for Haiti, disaster relief and funds for our Dr. Smith was born and spent his early availability of teleworking in federal agencies. veterans, which I wholeheartedly support and childhood in Tampa, FL before moving to live I thank Chairman TOWNS and the House lead- would urge a separate up or down vote. with family in Cairo, Georgia and Harlem, New ership for their work on this legislation. But a vote for this bill before us today is a York. A self-proclaimed rebellious child, Dr. With this bill, Congress takes important vote to continue this war and the time has Smith dropped out of high school at the age steps to improve the efficiency of the Federal come to bring our troops home. of 16 to work at a processing plant. After stints Government by allowing more Federal em- Reports of corruption abound in Afghani- in the Army studying medical laboratory tech- ployees to have access to telework. Today, stan, and without a true partner in the Karzai nology and working in a hospital, he moved many private companies have more vigorous government, our prospects for making real back in Tampa in 1957 and enrolled in St. Pe- and flexible telework policies that result in in- progress have grown dim. In recent days, even more troubling reports tersburg’s Gibbs High School, which doubled creased efficiency and productivity. Yet have come out of the region indicating that as a community college by night. By the age telework continues to be under-utilized by Pakistan intelligence may be collaborating with of 23, he had completed his GED and started Federal agencies. H.R. 1722 will require Fed- elements of the Taliban against the United classes at Gibbs Junior College, where he eral agencies to develop policies within one States. With claims such as these coming to served as the first student body president. Dr. year that allow qualifying employees to light, how can we move forward with business Smith continued his educational pursuits at telework. This bill ensures accountability by directing the Office of Management and Budget as usual on the war? Florida A&M and earned his bachelor’s and I cannot in good conscience vote to con- to issue guidelines to prevent improper uses master’s degree. After graduation, Dr. Smith tinue funding this war at so high a cost and of official time or resources by those working was named an African American Institute with no guarantee that our efforts are reaching outside the office. Scholar and studied at the University of Cape our goals there and keeping the American Coast in Ghana and the University of Lagos in Madam Speaker, I also oppose the Repub- lican Motion to Recommit on H.R. 1722. The people safe. Nigeria. Upon his return, Dr. Smith continued That is why I vote ‘‘no’’ today. his education at Florida State University, underlying legislation makes clear that Federal f where he received his PhD in Higher Edu- employees are strictly prohibited from visiting cation. inappropriate websites using government com- H.R. 5897, THE ‘‘ECONOMIC REVI- Dr. Smith served as Provost of Hillsborough puters. In addition, this motion contains a pro- TALIZATION AND INNOVATION Community College before accepting the posi- vision designed to indiscriminately and unfairly ACT OF 2010’’ tion as President at Roxbury Community Col- prohibit an employee from collective bar- lege in Massachusetts. In 1977, Dr. Smith re- gaining activities while they are teleworking. HON. JAMES L. OBERSTAR turned to Florida to serve as the President of Under current law, official time for union activ- OF MINNESOTA his alma mater, FAMU. Our community burst ity may only be used to represent employees IN THE HOUSE OF REPRESENTATIVES in adverse actions, attend official meetings with pride. During his presidency, FAMU grew Wednesday, July 28, 2010 from seven to eleven schools and colleges. with management, and bargain union con- Mr. OBERSTAR. Madam Speaker, I rise The university also became a Division of tracts. To disallow these activities from being today to introduce H.R. 5897, the ‘‘Economic Graduate Studies and Continuing Education performed through telework would constitute a Revitalization and Innovation Act of 2010’’, to under his tenure in office. In 1985, Dr. Smith rollback of existing policy. authorize the programs of the Economic De- ended his presidency and was named a Sen- I urge a ‘‘no’’ vote on the Republican Motion velopment Administration, EDA, for 5 years. ior Fulbright Scholar to the University of Ma- to Recommit and urge my colleagues to sup- This legislation creates new programs and lawi in Central Africa and served as the Inter- port final passage. adds additional flexibility to EDA’s current au- national Team Leader for Higher Education in f thorities to ensure that EDA will continue to the Republic of South Africa. There, he built SUPPLEMENTAL APPROPRIATIONS meet the challenges of high unemployment in South Africa’s first American-based community ACT, 2010 economically distressed communities and the college. need for innovative job creation programs. In 2000, Dr. Smith moved back to his home- SPEECH OF In 1965, I served as a staff member of the town of Tampa and opened a local library. HON. CAROLYN B. MALONEY Committee on Public Works when President Named in his honor, the Dr. Walter L. Smith Lyndon B. Johnson signed the Public Works Library, located in a converted house just OF NEW YORK IN THE HOUSE OF REPRESENTATIVES and Economic Development Act into law, cre- blocks from his childhood home, serves as ating EDA. I was a strong supporter of EDA both a learning center and haven for local chil- Tuesday, July 27, 2010 then and I continue to support the agency dren to cultivate their interests and follow their Mrs. MALONEY. Madam Speaker, I rise now, 45 years later. dreams toward higher education. today in opposition to the war supplemental I know EDA works because I have seen it Dr. Smith’s perseverance and successes funding bill. work first-hand: providing infrastructure invest- have most recently been recognized with the After years of war that have strained our ment, job training, and planning funds to cre- Cornelius P. Turner Award. This award, pre- military, their families, and the country, I can- ate jobs and economic opportunities in eco- sented annually by the GED Testing Service not continue to support funding for the war in nomically distressed communities across the of the American Council on Education, recog- Afghanistan—a war marked by increasing vio- Nation—from blighted urban and rural commu- nizes a GED graduate who has made out- lence and attacks on our troops and no clear nities to regions devastated by natural disas- standing contributions to society and speaks definition of success. ters. In fact, we need look no further than in volumes about Dr. Smith’s unlikely road to The last time this measure was before us, Congress’ own back yard where EDA provided success. I voted with my colleague Rep. BARBARA LEE critical funding to reconstruct the Eastern Mar- The Tampa community is proud to recog- on her amendment to prevent an escalation ket facility, which was destroyed in a fire. nize Dr. Smith for this award and his many and limit funding to the safe and orderly with- Eastern Market, with assistance from EDA’s significant contributions to the education com- drawal of our troops and military contractors flexible and responsive programs, was quickly munity. His determination and hard work have from Afghanistan. rebuilt, restoring not only bricks and mortar, made him an inspirational leader within our I also voted in favor of the McGovern-Obey but economic opportunity for small businesses Tampa Bay community. amendment that would require the President and jobs for the local community.

VerDate Mar 15 2010 06:40 Jul 29, 2010 Jkt 089060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A28JY8.015 E28JYPT1 pwalker on DSK8KYBLC1PROD with REMARKS July 28, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E1451 In the current difficult economic climate, provisions in H.R. 5897 that accomplish the Job Creation Goals EDA plays a strategic role in supporting the goal of increasing jobs and support to dis- Requires that recipients of EDA assistance efforts of economically distressed communities tressed communities include: establish job creation goals as a condition of to cope with a diverse range of economic dis- Providing loan guarantees, up to a total of receipt of EDA assistance, and penalizes re- ruptions and move toward recovery. Part of $500 million, to construct business incubators cipients for failure to satisfy job creation goals. EDA’s success is due to the fact that it truly and science and research parks; operates its programs as an investor, seeking $25 million in annual funding to support EXPANDED SUPPORT FOR BUSINESS INCUBATORS AND SCIENCE AND RESEARCH PARKS to obtain the maximum impact for the Federal green and alternative energy investments; dollar. EDA investments are also instrumental Direct funding using EDA’s existing network Loan Guarantee Funding in attracting private capital to communities. In of non-profit lenders to lend to technology and Provides a total of $500 million in loan fact, in fiscal year 2009, EDA invested $466 manufacturing companies; guarantees (i.e., a guarantee of non-Federal Increased funding to EDA’s network of local financing) to enable EDA to provide loan million in infrastructure that attracted $11.7 bil- guarantees for the construction and develop- lion in private investment—or $25 for every $1 planning organizations; ment of business incubators and science and of Federal investment. Assistance to communities to incentivize research parks. What enables EDA to operate such effective manufacturing and technology companies to Construction Funding locate or relocate to the United States from programs is its extensive network of more Continues funding for the construction or than 800 local economic development partners overseas, or ‘‘on-shoring’’; expansion of business incubators and science across the country. These partners, with as- Funding and direction to EDA and its local and research park facilities under EDA’s sistance from EDA, perform the rigorous re- planning partner organizations to capitalize on public works grant program (requiring gional planning activities necessary to ensure economic development opportunities from matching funds). viable, locally-supported, job-creating projects high-speed rail; and Operations Funding that EDA then funds on a competitive basis. Greater flexibility in EDA funding to allow Clarifies EDA’s ability to provide business Such projects include: communities to adapt to new economic cir- incubator operating support. Construction of a job training center in Dela- cumstances, such as high home foreclosures HIGH-SPEED RAIL ECONOMIC DEVELOPMENT AND ware to train former auto workers in green and reduced tax revenues. SUSTAINABLE ECONOMIC DEVELOPMENT building technology and alternative energy By focusing EDA’s efforts on proven pro- High-speed Rail Economic Development systems; grams and projects such as business incuba- Requires EDA to coordinate and evaluate Expansion of port infrastructure in Georgia tors, which tend to generate the greatest num- opportunities (including studies and reports) to allow for increased exports of U.S. manu- ber of long-term jobs, we can help facilitate related to high-speed rail projects in con- factured products; and support the economic renaissance that so junction with its local economic develop- Conversion of an obsolete furniture factory many communities need. ment partners and the Department of Trans- in Mississippi to train workers for new ad- I cannot overstate the importance of this portation. In addition, the bill directs uni- vanced manufacturing positions; and legislation. I am sure that every Member has versity centers to conduct research and pro- Expansion of rail infrastructure in Ten- seen firsthand the devastation of lost jobs and vide technical assistance to communities with respect to the economic development nessee to service a new industrial park where distressed communities. As we consider reau- opportunities related to high-speed rail the first Volkswagen automobile plant in the thorization of EDA, we must recognize the cur- projects. Provides $500,000 per year to EDDs United States will locate. rent economic picture is unsettled: investor for high-speed rail economic development These projects are just a handful of EDA’s confidence and enthusiasm has given way to planning. efforts to create jobs and provide the building uncertainty and wariness of future develop- Sustainable Economic Development blocks for economic development in economi- ment opportunities. However, EDA, the only Creates a new program for investment ($25 cally distressed communities throughout the Federal agency tasked with the mission of million annually) in projects focused on eco- nation. supporting economic development in dis- nomic development and job creation con- H.R. 5897, the ‘‘Economic Revitalization and tressed areas from the ground up, must be nected to alternative energy technologies Innovation Act of 2010’’, reauthorizes EDA for empowered to continue to identify opportuni- (photovoltaic, wind, and geothermal), includ- 5 years and provides the necessary funding ties for future economic growth, job creation, ing assistance to communities for business and investment tools to enable EDA to help and global competitiveness using its expertise attraction or retention and alternative energy focused job training analyses. regional and local communities raise the and model of proven success. standard of living for their citizens, increase A complete summary of H.R. 5897, the ‘‘ON-SHORING’’ OF JOBS TO THE UNITED STATES AND INCENTIVES TO ENCOURAGE PRIVATE SEC- the overall rate of economic growth by ex- ‘‘Economic Revitalization and Innovation Act of TOR INVESTMENT IN TECHNOLOGY AND MANU- panding economic opportunities, increasing 2010,’’ is included with my statement. FACTURING COMPANIES international competitiveness, and fostering a [Committee on Transportation and On-Shoring Incentive climate to create jobs. Infrastructure, July 28, 2010] Establishes three separate programs to H.R. 5897 provides $500 million for Eco- H.R. 5897, THE ‘‘ECONOMIC REVITALIZATION allow or provide preference for EDA invest- nomic Development Administration, EDA, in- AND INNOVATION ACT OF 2010’’ ment assistance to projects that locate or re- vestments for each of fiscal years FY 2011 (Introduced by the Honorable James L. Ober- locate technology and manufacturing com- though FY 2015, for a total authorization of star, the Honorable Eleanor Holmes Nor- panies to the United States, including: $2.5 billion. This annual investment level is ton, and Other Members of the Committee) Incubator Loan Guarantee Program to pro- equal to the FY 2008 authorization level, but AUTHORIZED FUNDING LEVELS AND JOB vide assistance to a facility that will house represents a significant increase over current CREATION GOALS technology or manufacturing companies lo- appropriations levels. Authorized Funding Levels cating or relocating to the United States; Sustainable Economic Development Pro- Specifically, the bill authorizes: H.R. 5897, the ‘‘Economic Revitalization gram to provide assistance to support the ef- $2.225 billion for economic development in- and Innovation Act of 2010,’’ provides $500 forts of communities to attract technology vestments, including public works and eco- million for Economic Development Adminis- and manufacturing businesses locating or re- nomic adjustment grants; tration (EDA) investments for each of fiscal locating to the United States; and $180 million for planning grants to Economic years (FY) 2011 through FY 2015, for a total Equity Financing Program to establish authorization of $2.5 billion. This annual in- Development Districts (EDDs); preference for a Revolving Loan Fund (RLF) vestment level is equal to the FY 2008 au- equity investment for technology and manu- $50 million for university centers in States, thorization level, but represents a signifi- including DC, without such centers; and facturing companies that locate or relocate cant increase over current appropriations to the United States. Such sums as necessary for EDA adminis- levels. trative expenses. Specifically, the bill authorizes: Equity Financing The authorized funding levels in H.R. 5897 $2.225 billion for economic development in- Creates a new program that allows EDA’s will support grants to economically distressed vestments, including public works and eco- current RLF program to be used to fund in- communities, increased staffing to assist com- nomic adjustment grants; vestment (up to $250,000 per company) in ex- $180 million for planning grants to Eco- change for equity. This program will lever- munities, and new and expanded programs. nomic Development Districts (EDDs); age the network of existing RLF third-party, With more than 8.4 million jobs lost during $50 million for university centers in States non-profit intermediaries to administer the the recent recession, the call from the Amer- (including D.C.) without such centers; and program. Provides preference to incubator ican people is ‘‘jobs, jobs, jobs.’’ H.R. 5897 is such sums as necessary for EDA adminis- companies, companies commercializing tech- a considered response to this dire need. Major trative expenses. nology at science and research parks, and

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President Eisenhower refused to help sought to ‘‘censor’’ relevant news reports, FLEXIBILITY IN ECONOMIC DEVELOPMENT the French in Vietnam for the simple reason ‘‘fearing a negative backlash from government FUNDING OF PROJECTS that French exploitation and colonial policies in and the public.’’ Revolving Loan Funds and Construction the region went against the ideals upon which More than 30 years later, while research Projects America was built. clearly shows that Agent Orange was much Provides EDA grant recipients with au- Subsequently, in 1954, long before Amer- more hazardous than anyone would admit, thority (pursuant to EDA approval) to redi- ican intervention in Vietnam, Ho Chi Minh led U.S. and Vietnamese victims have not been rect funds for new projects that meet EDA his people to fight against French colonialism adequately compensated, and Vietnam has criteria. for which the famous battle of Dienbienphu not been cleaned-up. Ironically, Dow is now BRAC- and Department of Defense-Impacted was fought to liberate his country. While Ho doing business in Vietnam but refuses to help Communities Chi Minh’s early intent was to get rid of 100 the victims of Agent Orange, and this is not Authorizes EDA to consider ‘‘mission growth’’ of Defense Base Closure and Re- years of French colonialism and establish a right. alignment (BRAC) or Department of De- better life for his own people, regrettably when In 2007, after 40 years, I, too, returned to fense-impacted communities as a criterion the U.S. entered the fray in 1955 and by the Vietnam and, at a closing dinner hosted by the for assistance, and allows EDA to consider time the Nixon administration withdrew U.S. National Assembly of Ho Chi Minh City, I had economic opportunities and not simply eco- troops forces in 1973, millions of U.S. troops long discussions with members of their For- nomic injury as a basis for assistance to had served in Vietnam, with more than 58,000 eign Affairs Committee who had also served in these communities. killed. the Vietnam War. Although we were once en- Declining Tax Revenue Communities Three to four million Vietnamese were also emies, we embraced each other as friends Authorizes EDA to consider communities’ killed, as were 1.5 to 2 million Laotians and who share the same hopes and dreams for declining tax revenues as the basis for in- Cambodians. For what, we ask? As a result of our families and countries, and this is how it creased Federal share of project costs or an this horrific war, U.S.-Vietnam diplomatic and should be but full normalization will not be eligibility determination, such as substan- economic relations were virtually non-existent achieved until the Agent Orange issue is ad- tial home foreclosure rates creating economic conditions allowing grant assistance for more than 20 years following North Viet- dressed. It is my sincere hope that we will to particular communities or regions. nam’s victory in 1975—until President Bill Clin- come together and agree on a way to make ton announced the formal normalization of dip- DEFINED ROLE FOR ECONOMIC DEVELOPMENT this matter right. DISTRICTS AND INCENTIVES FOR REGIONAL lomatic relations with Vietnam on July 11, Once more, I congratulate the government PLANNING 1995. and people of Vietnam and applaud former Role of EDDs Prior to this, President Clinton announced President Bill Clinton, President George W. Clearly defines the responsibilities of an the end of the U.S. trade embargo in 1994 Bush, President George H.W. Bush, President EDD in statute to ensure that local commu- and, 2 months later, the U.S. Congress Ronald Reagan, President Barack Obama and nities have an established role in developing passed the Foreign Relations Authorization Secretary of State Hillary Clinton for all they economic development projects. Act which contained a Sense of the Senate have done to get us where we are today. Multi-Regional Planning and Incentives express the chamber’s support for the normal- f Allows EDDs to consolidate without the ization of relations with Vietnam. current penalty of reduced EDD funding. In 1997, President Clinton appointed the SUPPLEMENTAL APPROPRIATIONS ACT, 2010 f first post-war ambassador to Vietnam and signed the landmark U.S.-Vietnam bilateral SPEECH OF IN CELEBRATION OF FIFTEEN trade agreement, BTA, in 2000. Vietnam did YEARS OF U.S.-VIETNAM DIPLO- its part, too, improving cooperation on POW/ HON. ANNA G. ESHOO MATIC RELATIONS MIA and refugee issues and moving forward OF CALIFORNIA on its ongoing reform efforts. IN THE HOUSE OF REPRESENTATIVES In November 2000, President Clinton visited HON. ENI F.H. FALEOMAVAEGA Tuesday, July 27, 2010 OF AMERICAN SAMOA Vietnam, the first trip by a U.S. President IN THE HOUSE OF REPRESENTATIVES since Richard Nixon went to Saigon in 1969. Ms. ESHOO. Madam Speaker, I have grave Tonight, we applaud former President Clinton concerns about the legislation before the Wednesday, July 28, 2010 for his visionary leadership which has led to House to provide $37.1 billion for ongoing mili- Mr. FALEOMAVAEGA. Madam Speaker, I this moment. I also commend Ambassador Le tary operations in Iraq and Afghanistan. Our rise today in celebration of 15 years of U.S.- Cong Phung for the tremendous service he total war spending in Iraq and Afghanistan in- Vietnam diplomatic relations. On July 14, has rendered to his country. cluding the funding provided by this bill will ex- 2010, I joined former President Bill Clinton, Today, economic ties are the most mature ceed $1 trillion. Yet this spending comes with- Senator JOHN KERRY and Senator JOHN aspect of our bilateral relationship with trade out a viable exit strategy for the conflict in Af- MCCAIN in offering remarks at an event hosted flows exceeding $15 billion in 2009, more than ghanistan which is the longest war in our na- by Ambassador of Vietnam Le Cong Phung ten times the level in 2001. But we can do tion’s history. and Assistant Secretary of State Kurt Camp- better, and one area that must be addressed The recent publication of tens of thousands bell in honor of this occasion. is our forgotten responsibility to the victims of of leaked field reports on Afghanistan confirm While time will not permit me to elaborate Agent Orange because part of normalizing re- what we already know: Our continued troop about the competing interests of ridding the lations means coming to terms with our past. presence is alienating the local population, world of colonialism versus communism and As Chairman of the House Foreign Affairs corruption is rampant in the Afghan govern- America’s decision to eventually intervene in Subcommittee on Asia, the Pacific and the ment, the Taliban population is stronger than Vietnam, the majority of the American people Global Environment, I have held a series of ever, and our Pakistani partners are unreliable did not know of the complexities facing the hearing about Agent Orange and our need to at best. countries of the Asia region. clean up the mess we left behind. Afghanistan is known as the graveyard of Why, for example, did Ho Chi Minh and so From 1961 to 1971, the U.S. military empires for a reason. No one since Ghengis many other Asian leaders become followers of sprayed more than 11 million gallons of Agent Khan—not Alexander the Great, not the Per- socialist, Marxist, and communist ideologies? Orange in Vietnam. Agent Orange was manu- sians, not the Ottomans, not the British, nor One obvious reason is that the worst exam- factured under Department of Defense, DOD, the Soviets—has been able to succeed in this ples of those who advocated freedom and de- contracts by several companies including Dow troubled country. Some have said the defini- mocracy were those European countries that Chemical and Monsanto. Dioxin, a toxic con- tion of insanity is continuing to do the same came and colonized so many of these Asian taminant known to be one of the deadliest thing over and over again and hoping for a dif- nations, including Vietnam. chemicals made by man, was an unwanted ferent result. We should learn from those who For some 100 years, Vietnam was colonized byproduct and is thought to be responsible for came before us. and exploited by the French and, during Presi- most of the medical problems associated with Madam Speaker, without an exit strategy, dent Dwight Eisenhower’s Administration, the exposure to Agent Orange. approving billions more of hard-earned tax- French government requested American mili- According to Hatfield Consultants, the U.S. payer dollars for the war in Afghanistan is dif- tary assistance to fight the Vietnamese who, Department of Defense as well as Dow Chem- ficult enough to justify. But this cost pales in under the leadership of Ho Chi Minh, were ical and Monsanto knew as early as 1967 of comparison to the loss of American lives. June

VerDate Mar 15 2010 06:40 Jul 29, 2010 Jkt 089060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A28JY8.018 E28JYPT1 pwalker on DSK8KYBLC1PROD with REMARKS July 28, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E1453 was the deadliest month in the war thus far, Such leadership is already manifest in three ally entering Officer Candidate School in 1948. when 102 Americans made the ultimate sac- measurable areas. First, after consistent What followed was a long and distinguished rifice. losses for the past 5 years and record low le- military career. General Burris held numerous It is also hard to justify supporting this legis- vers of U.S. aggregate demand for the sale of commands in the United States and overseas, lation with billions more for war when the Sen- light vehicles, Chrysler, Ford, and General Mo- becoming the first nonrated officer ever to ate stripped out $10 billion for an Education tors have all reported positive operating earn- head an Air Force major command. Jobs fund that the House provided to help our ings and cash flow for the first quarter of During his highly decorated career, General school districts retain and develop their teach- 2010. Second, according to the 2009 Harbour Burris received many military awards and ing workforce. I cannot cast a vote for war Report, all three major U.S. automakers now decorations, including the Legion of Merit with funding when we can’t find the resources to match or exceed Toyota North America’s labor oak leaf cluster; Bronze Star Medal; Meri- invest in our schools and students. productivity levels in major manufacturing op- torious Service Medal; Air Medal with four oak Most importantly, the President said our erations in North America. Third and finally, leaf clusters; Air Force Commendation Medal mission in Afghanistan must be definable and according to the most recent JD Power Initial with two oak leaf clusters; Air Force Out- winnable. I believe it is neither, and I will vote Quality Survey, the Ford Motor Company is standing Unit Award Ribbon with ‘‘V’’ device; against funding for it. now the highest quality mass production auto- Good Conduct Medal; Vietnamese Honor f maker based on consumer rankings, beating Medal, First Class; Republic of Vietnam Cross out Honda, Toyota, and Nissan. of Gallantry with Palm; and the Republic of CONGRATULATING TEAM WASH- Indeed, these accomplishments merit praise China Meritorious Service Medal, Class A, INGTON AT LAST WEEK’S SPE- and confirm the wisdom of the Federal Gov- Second Degree. CIAL OLYMPICS IN LINCOLN, NE- ernment’s role in nursing the domestic auto in- My thoughts and prayers go out to his BRASKA dustry, whether through loans or tax credits, daughter and son-in-law Clarice and Chris back to health. This in mind, however, we in Long; his brother, Thomas; sister, Jane; four HON. CATHY McMORRIS RODGERS Congress and the Administration must con- grandchildren and three great-grandchildren. I OF WASHINGTON tinue working together to protect the nascent know I, along with all Arkansans, will sorely IN THE HOUSE OF REPRESENTATIVES recovery of Chrysler, Ford, and General Mo- miss General Burris’ presence and will try to find solace in the fact General Burris defined Wednesday, July 28, 2010 tors and the millions of American jobs they support. We must direct Federal support to- what it meant to be a true patriot—dedicating Mrs. MCMORRIS RODGERS. Madam ward the manufacturing sector to rebuild our your life to the service of our great Nation and Speaker, I rise today to congratulate Team dwindling supply base. Further, we must enact to leave your community better than you found Washington on an outstanding performance at initiatives to improve the flow of private credit it. last week’s Special Olympic National Games to consumers, suppliers, and automakers Our Nation is safer and stronger because of in Lincoln, Nebraska. alike, so that they can grow and put more the men and women who have dedicated their I’m proud to say that Washington’s team Americans back to work. We must also stri- lives to military service like General Burris. took home eleven gold, twenty-two silver and dently oppose lop-sided trade agreements and Today, I ask all members of Congress to join fifteen bronze medals. Two of these medalists unfair foreign trade practices that put our do- me as we honor the life of Maj. Gen. Rupert are from my district: Jason Raymond from mestic industries at a competitive disadvan- H. Burris and his legacy, as well as each man Spokane won one gold and three bronze med- tage. Finally, we must ensure our automakers and woman in our Armed Forces who gives als in swimming, and Scott Tobin of Cheney and suppliers have the requisite support to the ultimate sacrifice in service to our great brought home three gold and one silver medal meet future technical challenges, for which for- country. in Track and Field. eign companies will surely receive state-fi- f Our athletes also won medals in bowling, nanced aid. weight-lifting, shot-put and aquatics—and they I urge my colleagues to join with me in con- CONGRATULATING THE PATIENT were extraordinarily successful in many other gratulating the domestic automobile industry ADVOCATE FOUNDATION ON THE events, too. for its most recent achievements, wish it con- OPENING OF THEIR NEW HEAD- So today I’d like to congratulate the twenty- tinued success, and help it compete in the fu- QUARTERS IN HAMPTON, VIR- seven talented, brave and hardworking ath- ture by creating a level playing field with our GINIA letes from my home State of Washington. trade partners. They have inspired us with their strength f HON. ROBERT C. ‘‘BOBBY’’ SCOTT and determination—and are paving the way OF VIRGINIA for a brighter future for my son Cole and all IN HONOR OF MAJOR GENERAL IN THE HOUSE OF REPRESENTATIVES those with special needs. RUPERT H. BURRIS Wednesday, July 28, 2010 On behalf of the U.S. Congress, congratulations, Team Washington. Thank you for mak- HON. MIKE ROSS Mr. SCOTT of Virginia. Madam Speaker, I ing us proud. OF ARKANSAS take great pride in the fact that Virginia is f IN THE HOUSE OF REPRESENTATIVES home to the Patient Advocate Foundation and that the Nation’s most vulnerable citizens have POSITIVE DEVELOPMENTS IN THE Wednesday, July 28, 2010 such a great group of people working diligently DOMESTIC AUTOMOBILE INDUS- Mr. ROSS. Madam Speaker, I rise today to on their behalf. I cannot mention health care TRY honor a fallen hero who was a respected and in Virginia or the Patient Advocate Foundation dedicated officer in the United States Air without telling you how proud I am to know HON. JOHN D. DINGELL Force. On July 13, 2010, our State and Nation and have worked with its founder, Nancy Dav- OF MICHIGAN lost a great patriot when Maj. Gen. Rupert H. enport-Ennis. Not only is she an incredible IN THE HOUSE OF REPRESENTATIVES Burris of the U.S. Air Force, aged 84, passed force for health care in Virginia and the Na- away at his home in El Dorado. tion, she is also a constituent and a friend. Wednesday, July 28, 2010 General Burris was born in Whelan Springs, Nancy’s efforts embody the struggle of her Mr. DINGELL. Madam Speaker, I rise to Arkansas, to his late parents Thomas and Es- friend and mentor, Cheryl Grinnel. Cheryl’s draw my colleagues’ attention to recent posi- telle Burris and attended high school in El Do- battle with cancer and her frustration with the tive developments in the domestic automobile rado. General Burris graduated from Jackson insurance industry inspires Nancy and all of us industry. Two-and-a-half years ago, at the College in Honolulu, Hawaii. to do what we can to correct the egregious onset of the current recession, such good General Burris enlisted in the U.S. Army Air context in which a patient has to operate in news would have seemed improbable, yet Forces during World War II and served as a trying to obtain the level of medical care need- thanks to constructive engagement by the best crew member of a B–17 bomber in the Euro- ed to address a serious health condition. workers in the world, reinvigorated manage- pean theater of operations. He completed Drawing on that inspiration, Nancy and her ment, attractive product design, and, in the more than 30 bombing missions over Ger- husband, John Ennis, founded the Patient Ad- case of Chrysler and General Motors, timely many and France, serving as an armorer and vocate Foundation. Nancy and John have and thoughtful intervention by the federal gov- gunner. worked tirelessly to get laws on the books in ernment, the United States’ automakers are Following the war, General Burris re-enlisted Virginia, and she is now at the forefront of the back on track to become industry leaders. in the U.S. Army Air Forces in 1947, eventu- effort to close the health disparities gap and

VerDate Mar 15 2010 06:40 Jul 29, 2010 Jkt 089060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A28JY8.020 E28JYPT1 pwalker on DSK8KYBLC1PROD with REMARKS E1454 CONGRESSIONAL RECORD — Extensions of Remarks July 28, 2010 secure more funding for research and clinical the Foundation serves the Asian population TRIBUTE TO EDWARD M. trials. and Pacific Islanders. CUNNINGHAM Since 1996, the Patient Advocate Founda- Madam Speaker, access to quality, afford- tion has advocated for patients who are workable health care is critical to the well being of HON. MARION BERRY ing through the complexities of a serious ill- our country, today and in the future. While we OF ARKANSAS ness while navigating through health insur- have accomplished a tremendous feat by IN THE HOUSE OF REPRESENTATIVES ance red tape, selecting the right treatment passing the health care reform bill this year, options for them and their family, while dealing Wednesday, July 28, 2010 we still have much more work to do in Con- with possible financial problems that arise due gress and on Main Street U.S.A. I believe the Mr. BERRY. Madam Speaker, I rise here to the chosen method of treatment and ad- work that the Foundation does is key to fixing today to pay tribute to Edward M. dressing care giver stress. The Foundation our health care system not only in Virginia, but Cunningham. On July 19th, 2010 the cause of gives hope to many patients and their families nationwide. It is imperative that we have orga- justice in America and Arkansas lost one of its on a daily basis. Its number one goal is to get nizations like the Patient Advocate Foundation faithful servants, Edward M. Cunningham of patients the necessary treatment after they are to assist the chronically ill through the health Jonesboro, Arkansas. diagnosed with cancer or other life-threatening care system by helping them get insurance After completing special agent training in the diseases. Through the Virginia Cares for the coverage, medical assistance and medication. FBI, Edward Cunningham dutifully served for Uninsured program, VCUP, the Patient Advo- over 30 years in law enforcement. He was Again, I commend the Foundation for all of cate Foundation provides assistance to indi- also a United States Navy Veteran following the work that it has done for the citizens of the viduals who have been diagnosed with a his service in World War II. His stations would 3rd district of Virginia and wish it continued chronic illness but do not have health insur- take him to San Francisco in 1951, Little Rock success in its new home. ance to pay for treatment or cannot afford in 1964, Blytheville in 1967, and Jonesboro in treatment. The goal of the Foundation is to 1971. These cities were made safer and their connect these individuals with doctors and fa- f futures brighter by his work and dedication. cilities that will donate treatment services or He would employ these many years of ex- accept reduced fees while ensuring the patient HONORING THE VOLUNTEERS OF AMERICA ON THE 40TH ANNIVER- pertise in his tenure as Chief of Police in gets all necessary treatment. The advocacy Jonesboro from 1979 until his retirement in efforts and community connections of Nancy SARY OF THE MAPLEWOOD CARE CENTER, AND THE 15TH ANNI- 1987. Even after his retirement he continued and John, the executive board of directors, his work by helping to educate the next gen- staff and volunteers at the Patient Advocate VERSARY OF THE HOMESTEAD ASSISTED LIVING CENTER eration of law enforcement agents by teaching Foundation are often critical in making this Criminology at Arkansas State University. happen. A cancer survivor of 51 years, he pledged Madam Speaker, I would like to take this HON. BETTY McCOLLUM his time and efforts to encourage and support opportunity to congratulate Nancy Davenport- those battling cancer through his work with the Ennis, president and CEO, the executive OF MINNESOTA St. Bernard’s Auxiliary. Edward Cunningham board of directors, the staff and volunteers of IN THE HOUSE OF REPRESENTATIVES was a magnanimous individual and a beloved the Patient Advocate Foundation on the open- member of his community. ing of the Foundation’s new headquarters in Wednesday, July 28, 2010 I send Edward’s family my deepest condo- Hampton, Virginia. The Patient Advocate lences for their loss, and hope they can find Ms. MCCOLLUM. Madam Speaker, it is my Foundation’s executive board of directors in- some comfort in the thought of the powerful cludes directors from Virginia as well as na- honor to congratulate the Volunteers of america on the 40th anniversary of the Maplewood and positive mark he left on the communities tional directors including Admiral Deborah he served. I ask today of my fellow colleagues Parham Hopson, appointed to serve this year Care Center, and the 15th anniversary of The Homestead Assisted Living Center. These that we stand and honor the legacy of Mr. Ed- on the Federal Coordinating Council. Three ward Cunningham. national non-profit patient advocacy organiza- centers provide a caring community through f tions are represented on the executive board assisted living housing, short-term rehabilita- of directors by Dr. Lovell Jones, co-founder of tion, long-term care and dementia care for OUR UNCONSCIONABLE NATIONAL the Intercultural Cancer Council; Dr. Alan senior citizens. DEBT Balch of the Preventive Health Partnership, a The Volunteers of America are a national, collaborative of the American Heart Associa- non-profit organization that has been active in HON. MIKE COFFMAN tion, American Diabetes Association and the Minnesota for 114 years. Providing quality OF COLORADO American Cancer Society; and Venus Gines, community programs and services to those in IN THE HOUSE OF REPRESENTATIVES executive director and founder of the Dia de la need for over a century has made them a Mujer Latina, Inc. The Foundation’s support is leader among Minnesota’s human service or- Wednesday, July 28, 2010 partially derived from national non-profit orga- ganizations. Mr. COFFMAN of Colorado. Madam Speak- nizations in the United States including the A dedication to caring for Minnesota’s sen- er, today our national debt is American Cancer Society, Lance Armstrong iors led the Volunteers of America to open the $13,258,280,104,675.66. Livestrong, the Leukemia Lymphoma Society doors of its Maplewood Minnesota Care Cen- On January 6, 2009, the start of the 111th and the Susan G. Komen Foundation. Support ter in 1970. This quality center has provided Congress, the national debt was over the years has also come from the Cen- my community with skilled nursing care for in- $10,638,425,746,293.80. ters for Disease Control, the federal appropria- dividuals with chronic diseases and for those This means the national debt has increased tions process, the Commonwealth of Virginia recovering from illness or injury. In addition to by $2,619,854,358,381.86 so far this Con- and by the Foundation’s annual fundraiser in participating in both the Medicare and Med- gress. Hampton Roads, where it receives strong sup- icaid programs. Joining the Maplewood Care This debt and its interest payments we are port from the business community. Center, on what is now known as the Volun- passing to our children and all future Ameri- Madam Speaker, with the assistance of 180 teers of America Maplewood Campus, in cans. full-time employees in their national head- 1995, The Homestead Assisted Living Center f quarters in Hampton Roads, a corporate foun- provides care and an atmosphere of inde- dation office in San Diego, California, and with COMMEMORATING THE TURKISH pendence for seniors. An on-site Dementia INVASION OF CYPRUS satellite locations in Iowa, Florida, North Caro- Support group provides support for families lina, New York and Nevada, the Foundation with loved ones with dementia. successfully closed 55,364 cases of patients HON. ADAM B. SCHIFF I commend Volunteers of America for their diagnosed with chronic, debilitating and/or life- OF CALIFORNIA commitment to Minnesota seniors and for their threatening conditions just last year. The IN THE HOUSE OF REPRESENTATIVES Foundation provides services in both English dedication to providing compassionate, quality and Spanish with special national outreach care, and housing for those in need. Wednesday, July 28, 2010 programs to underserved populations, specifi- Madam Speaker, in honor of Volunteers of Mr. SCHIFF. Madam Speaker, I rise today cally, the African American community and the America, I am pleased to submit this state- to recognize the 36th anniversary of the Turk- Hispanic and Latino communities. Additionally, ment. ish invasion and continuing occupation of the

VerDate Mar 15 2010 06:40 Jul 29, 2010 Jkt 089060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A28JY8.024 E28JYPT1 pwalker on DSK8KYBLC1PROD with REMARKS July 28, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E1455 northern part of Cyprus. Since then, Cypriots Commerce, was appointed to the city Planning In 1658, Nicolas Verieul, the Veilleux/Vigue have suffered from the division of their country Commission, was elected to the City Council family patriarch, immigrated to Canada, and in and countless violations of their human rights in 1970, and served on the California Coastal 1665, he and Marguerite Hyardin, his wife, by Turkish occupation forces. Even today, Commission, the Oxnard-Port Hueneme began the Verieul family. Eventually, many there is one Turkish soldier for every 2 Cyp- Wastewater Treatment Authority and the Ven- Verieul descendents moved to Maine to be- riots, making Cyprus one of the most heavily tura County Association of Governments. come integral parts of the seasonal labor militarized places on Earth. It is important that The dedication and love Dorill gave to Port workforce in the early 1800’s and permanent we recognize not only the anniversary of the Hueneme was reciprocated when the city residents of Maine in the mid to late 1800’s. invasion, but also the island’s ongoing prob- named the cultural center in his honor. The Veilleux/Vigue family history is a story lems at the hands of Turkey. Jacqueline passed away in 2005. Surviving of hard work and significant achievement. On July 20, 1974, Turkish troops unlawfully Dorill are his three daughters, Valory Wright- Many descendents of Nicolas and Marguerite occupied the northern part of Cyprus with a Pietruszenko, and her husband, George; Jac- Verieul have founded their own businesses heavily-armed force that maintains control of quelyn Jay, and her husband, William; and and thrived as entrepreneurs in the State of 37 percent of Cyprus today. This has resulted Dorilan Arko, and her husband, Ron; seven Maine. Members of the family have been in the usurpation and exploitation of Cypriot grandchildren and numerous great-grand- homemakers, service members, doctors and property, as well as the creation of hundreds children. business owners. What marks them all is their of thousands of refugees. Additionally, an in- Madam Speaker, I know my colleagues will dedication to family, community and hard flux of Turkish immigrants has settled into the join Janice and me in offering our condolences work. evicted Cypriots’ homes, permanently altering to the Wright family, and in remembering a re- With their family reunion, the Veilleux/Vigue the demographics of Cyprus and outnum- markable man whose life of service will live on family has great cause for celebration. For bering native Cypriots by two to one. The UN in all those whose lives he touched. generations, their pioneering family has pros- has passed a multitude of resolutions calling f pered in Maine and helped make our state a for Turkish withdrawal from Cyprus, but they VIET BAO DAILY NEWS’ 10TH AN- better place. This occasion is a chance to have been continually ignored. NIVERSARY OF THE WRITING ON honor the past generations for their sacrifices As Cyprus has always been a reliable part- AMERICA AWARD to give their children a better life today and ner of the United States, we must not forget look ahead to the bright future of the Veilleux/ the injustices suffered by its people. We must Vigue family. uphold the ideals of freedom, democracy, jus- HON. LORETTA SANCHEZ Madam Speaker, please join me in honoring tice, human rights, and the international rule of OF CALIFORNIA the hard work, dedication and accomplish- law. By invading Cyprus, Turkey is in direct of- IN THE HOUSE OF REPRESENTATIVES ments of the Veilleux/Vigue family for their re- fense to all of these. As much as we would Wednesday, July 28, 2010 union September 11, 2010. rather have no such grievance to recognize, it Ms. LORETTA SANCHEZ of California. f is important that we commemorate these in- Madam Speaker, I rise today to celebrate Viet justices today. Bao Daily News’ 10th Anniversary of the Writ- PERSONAL EXPLANATION I urge my colleagues to join me in expressing on America Award. In 2000, Viet Bao Daily ing the hope that Cyprus will be reunified soon News established the Writing on America HON. DEAN HELLER and that peace will return to this beautiful and Award with one simple mission—to create an OF NEVADA historic land in the eastern Mediterranean. opportunity for Vietnamese people to share IN THE HOUSE OF REPRESENTATIVES f their individual experiences. Wednesday, July 28, 2010 IN MEMORY OF DORILL WRIGHT The writing competition soon turned into a grand annual award celebration, and then be- Mr. HELLER. Madam Speaker, on rollcall came a uniting set of stories for thousands of No. 474, had I been present, I would have HON. ELTON GALLEGLY Vietnamese people. The initial objective of the voted ‘‘yea.’’ OF CALIFORNIA writing contest was to preserve the Viet- IN THE HOUSE OF REPRESENTATIVES namese language and cultural values. How- f Wednesday, July 28, 2010 ever, the impact exceeded Viet Bao’s initial SURFACE TRANSPORTATION EAR- expectation. The writings have become more Mr. GALLEGLY. Madam. Speaker, I rise in MARK RESCISSION, SAVINGS than just a compilation of shared, collective memory of Dorill Wright, a close, personal AND ACCOUNTABILITY ACT philosophical values—they are a means to friend of my wife, Janice, and me, who passed preserve historical values. SPEECH OF away on Sunday. I applaud Viet Bao Daily News for these im- Dorill served as Mayor of Port Hueneme, portant achievements. I would also like to con- HON. CHRIS VAN HOLLEN California, from 1974–1990 and served as a gratulate all of the winners and participants, OF MARYLAND city councilman and planning commissioner who have contributed countless inspiring sto- IN THE HOUSE OF REPRESENTATIVES before that. He decided to run for office, he ries on their experiences and journey to as- Tuesday, July 27, 2010 said, because if you’re unhappy with govern- similate in American society. I look forward to ment, you should do something about it. It Mr. VAN HOLLEN. Mr. Speaker, I rise in seeing the future contributions that Viet Bao was that same philosophy that led me to my support of the Surface Transportation Earmark Daily News will make to this great country. first run for public office. Rescission, Savings and Accountability Act, A member of the Christian Church of f and commend my colleague Rep. Betsy Mar- Oxnard, Dorill and Jacquelyn, his wife of 63 HONORING THE VEILLEUX/VIGUE key for bringing this legislation to the floor years, believed in God, community and family FAMILY REUNION today. and devoted their efforts to all three. Consistent with the Democratic majority’s Born and raised in Missouri, Dorill served in HON. MICHAEL H. MICHAUD commitment to budget discipline, this bill re- the Army Air Corps during World War II. After scinds unobligated funding for 309 earmarks OF MAINE college, the Navy hired Dorill and four other contained in previous surface transportation IN THE HOUSE OF REPRESENTATIVES engineers to form a research laboratory for authorizations, saving taxpayers $713 million. structures with electrical check equipment. Wednesday, July 28, 2010 While some only like to talk about fiscal re- In 1950, the staff and laboratory were trans- Mr. MICHAUD. Madam Speaker, I rise sponsibility, we are actually delivering it, scru- ferred to the Port Hueneme Naval Construc- today to recognize the Maine Veilleux/Vigue tinizing the budget line by line to find savings tion Battalion Center and in 1957 Dorill trans- Family Reunion which takes place on Sep- for the American taxpayer. ferred to Point Mugu. There he served as a tember 11, 2010 at the St. John Regional Mr. Speaker, this is good government legis- field and design engineer and was later Catholic School in Winslow, Maine. lation. It’s common sense legislation. It’s what named head of the technical support depart- The history of Maine is rich with the stories our constituents expect of us. And it’s part of ment. of Franco-American heritage. As residents of the Democratic agenda to bring real and re- In 1965, Dorill moved his family to Port Hue- Maine for many generations, the Veilleux and sponsible budget discipline back to Wash- neme and Dorill started his long and lasting Vigue family history is intertwined with the his- ington, DC. impact on the city. He joined the Chamber of tory of Maine. I urge a ‘‘yes’’ vote.

VerDate Mar 15 2010 06:40 Jul 29, 2010 Jkt 089060 PO 00000 Frm 00011 Fmt 0626 Sfmt 0634 E:\CR\FM\A28JY8.030 E28JYPT1 pwalker on DSK8KYBLC1PROD with REMARKS E1456 CONGRESSIONAL RECORD — Extensions of Remarks July 28, 2010 THE THIRD ANNIVERSARY OF BIRTHDAY GREETINGS TO Twenty-First Century Communications and HOUSE RESOLUTION 121 REVEREND EARLINE MCGREGOR Video Accessibility Act, I would have voted ‘‘aye.’’ HON. RON PAUL HON. ENI F.H. FALEOMAVAEGA OF TEXAS f OF AMERICAN SOMOA IN THE HOUSE OF REPRESENTATIVES HONORING FIRE CHIEF POSEY W. IN THE HOUSE OF REPRESENTATIVES Wednesday, July 28, 2010 DILLON AND VOLUNTEER FIRE- FIGHTER WILLIAM DANIEL Mr. PAUL. Madam Speaker, on August 13 a Wednesday, July 28, 2010 ALTICE birthday dinner will be held for Reverend Mr. FALEOMAVAEGA. Madam Speaker, I Earline McGregor of Kendleton, Texas, to cel- rise today to recognize the Korean American ebrate his eighty-fifth birthday and thank him HON. THOMAS S.P. PERRIELLO Voters’ Council for their continued commitment for his years of community service. It is my OF VIRGINIA to the advancement of the Korean American pleasure to join the people of Kendleton in IN THE HOUSE OF REPRESENTATIVES wishing Reverend McGregor a happy birthday community and to remind my colleagues about Wednesday, July 28, 2010 House Resolution 121, the ‘‘comfort women’’ and thanking him for all he has done for his resolution which was passed by the U.S. community, his state, and his country. Mr. PERRIELLO. Madam Speaker, it is with House of Representatives on July 30, 2007. Earline McGregor was born on August 26, a heavy heart that I rise today to honor two 1926 in Brenham, Texas. He spent over a brave firefighters from Rocky Mount, Virginia, The Korean American Voters’ Council was a year in the army in World War II. After receiv- who passed away on July 26, 2010. strong advocate and key initiator in educating ing an honorable discharge from the Army, Earlier this week, Fire Chief Posey W. Dillon members of Congress on the ‘‘comfort Earline McGregor decided to continue to serve and volunteer firefighter William Daniel women’’ issue three years ago when House his country by joining the Air Force. After (Danny) Altice were tragically killed in a fatal Resolution 121 was passed. The Korean twenty years of distinguished service in the Air traffic accident while responding to a house American Voters’ Council is a grassroots non- Force, he retired with an honorable discharge fire in Rocky Mount, Virginia. While we mourn profit organization built up of volunteers who in 1971. this heartbreaking event, we are reminded of work on constituency development, civic par- Since leaving the military, Reverend the risk our first responders assume every day ticipation, voting rights advocacy, and commu- McGregor has worked as a Metro Bus Driver to protect us all. Throughout Franklin County nity education within Korean American com- in Austin and also owned his own landscaping and the 5th District, we are in mourning over munities across the country. business. Today, Reverend McGregor serves the passing of these two courageous men, Friday, July 30, 2010, will mark the third an- his community by working as an associate who committed themselves to the service of niversary of the passing of House Resolution minister and Sunday school teacher at Oak others. 121. House Resolution 121 calls upon the Hill Missionary Baptist Church in Kendleton, Fire Chief Dillon was a man of remarkable Government of Japan to make an official and Fort Bend County, Texas under the leadership faith, who strove to serve his community unequivocal apology, taking responsibility for of Pastor Pleas Mayfield Sr. throughout his life. From 1980 to 2000, he the Japanese Imperial Armed Force’s role in Madam Speaker the parishioners of Oak Hill served on the Rocky Mount Town Council, in- enslaving over 200,000 girls and women of Missionary Baptist Church, and the entire cluding 8 years as Vice Mayor. In 2006, he Asia as ‘‘comfort women’’ before and during Kendledon community, are fortunate to have was reappointed to the Town Council and re- World War II. the services of someone as dedicated to pub- assumed his position as Vice Mayor two years lic service as Reverend McGregor. It is there- later. Additionally, he spent 33 years with the House Resolution 121 was sponsored by fore a pleasure to once again join the people my distinguished colleague, Representative Rocky Mount Volunteer Fire Department. Dur- of Kendleton in wishing a very happy birthday ing this time, he rose up through the ranks, MICHAEL M. HONDA, and it was my privilege to to Reverend Earline McGregor. serve as a co-sponsor of this bill and to hold becoming Chief in 1990, a position he would the first hearing ever held in the U.S. Con- f hold for 20 years. His vision and leadership throughout his 30 years of civic involvement gress on this sensitive subject. The hearing PERSONAL EXPLANATION was held before the House Foreign Affairs’ helped shape the town of Rocky Mount and Subcommittee on Asia, the Pacific and the his legacy will continue long after his passing. Global Environment on February 15, 2007 and HON. TIMOTHY V. JOHNSON Danny Altice began as a volunteer firefighter paid tribute to those who suffered while ac- OF ILLINOIS at the age of 20 and served the Rocky Mount knowledging the past contributions of those IN THE HOUSE OF REPRESENTATIVES community for over 47 years. During his distinguished career, he spent seven years as Fire Members of Congress like former Chairman Wednesday, July 28, 2010 Henry Hyde of the House Foreign Affairs Chief from 1977 to 1984, and was awarded Committee and also the late Congressman Mr. JOHNSON of Illinois. Madam Speaker, the 2008 Lifetime Achievement Service Rec- Lane Evans who also championed this cause. Monday July 26th, I was unable to cast my ognition Award by the Rocky Mount Volunteer votes on H.R. 1320, H. Res. 1504, and H.R. Fire Department. He helped teach younger It has been three years since passage and 3101 and wish the record to reflect my inten- members of the department how to handle dif- the resolution clearly expressed a need for a tions had I been able to vote. Last night I was ficult situations and could always be counted formal acknowledgement and apology by the conducting a town hall meeting at the Ma- on for his leadership through challenging cir- Government of Japan, through the Prime Min- homet Village Hall in Mahomet, Illinois and cumstances. In becoming a firefighter, he fol- ister to the victims of this atrocity. The Gov- was unable to travel to Washington, DC in lowed in the footsteps of his father, who was ernment of Japan has had multiple changes in time for the votes. a founding member of the Rocky Mount volun- the Prime Minister position and not one has Had I been present on rollcall No. 467 on teer force. His legacy will be carried on by his formally acknowledged and apologized for this suspending the rules and passing H.R. 1320, brother, who serves as a firefighter in Rocky human rights violation. The victims are running To amend the Federal Advisory Committee Mount, as well as his son, who serves in out of time for this apology, as most of them Act to increase the transparency and account- Boones Mill. are elderly, and the time is now for the Gov- ability of Federal advisory committees, and for My heart and prayers go out to the families ernment of Japan to formally apologize for other purposes, I would have voted ‘‘nay.’’ of our fallen heroes and to the entire Rocky their past mistake. Had I been present on rollcall No. 468 on Mount community, which has lost two of its I strongly urge the Government of Japan to suspending the rules and passing H. Res. finest. In remembrance of their sacrifice, I formally acknowledge and apologize in order 1504, Recognizing and honoring the 20th an- have requested that two flags be flown over to begin the reconciliation process and to cre- niversary of the enactment of the Americans the United States Capitol and then presented ate better relationships in the future. Japan with Disabilities Act of 1990, I would have to their loved ones. On behalf of Virginia’s 5th cannot move forward by erasing the past and voted ‘‘aye.’’ District, I honor the passing of these heroes, it is of the utmost importance that Japan fol- Had I been present on rollcall No. 469 on and ask that their legacies be remembered for lows through on House Resolution 121. suspending the rules and passing H.R. 3101, years to come.

VerDate Mar 15 2010 06:40 Jul 29, 2010 Jkt 089060 PO 00000 Frm 00012 Fmt 0626 Sfmt 0634 E:\CR\FM\A28JY8.036 E28JYPT1 pwalker on DSK8KYBLC1PROD with REMARKS July 28, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E1457 INDIAN ARTS AND CRAFTS INTRODUCTION OF H.R. 5817, THE named the Maine Hospital Association’s Care- AMENDMENTS ACT OF 2010 FOSTERING SUCCESS IN EDU- giver of the Year and to recognize his many CATION ACT accomplishments as a medical professional. After studying health care at the University SPEECH OF HON. JOHN LEWIS of Southern Maine, Bill went on to work at HON. BETTY McCOLLUM OF GEORGIA Central Maine Medical Center. As a nurse IN THE HOUSE OF REPRESENTATIVES practitioner in the ER at CMMC, he provides OF MINNESOTA medical care and comfort to patients and their Wednesday, July 28, 2010 IN THE HOUSE OF REPRESENTATIVES families. Mr. LEWIS of Georgia. Madam Speaker, I When he suddenly and tragically lost his 9– Wednesday, July 21, 2010 am proud to sponsor the Fostering Success in year-old daughter, Grace, two years ago, Bill’s Education Act. This legislation is the House response was not to give in to grief. Instead, Ms. MCCOLLUM. Mr. Speaker, I rise today companion to Senator FRANKEN and Senator Bill and his wife launched the Foundation for in support of H.R. 725, the Indian Arts and MURRAY’s bill and lays out a clear road map Hope and Grace, a charity in Grace’s memory Crafts Amendments Act of 2010, and specifi- to assisting young people in the child welfare that provides grants to families looking to cally the tribal law and order provisions now system. adopt and financial help to organizations that included. This legislation continues the efforts of the help orphans and other children in need. The federal government has a unique trust P.L. 110–351, Fostering Connections Act by Bill’s ability to set people at ease, his will- relationship with the 564 sovereign tribal na- improving educational assistance for those ingness to stay late to support his colleagues tions in the United States, and it is part of this most in need—children and youth in the child and his empathy and selflessness in all as- trust responsibility for the federal government welfare system. I hope that the Fostering Suc- pects of his life meant that this year he was to provide law enforcement in Indian Country. cess in Education Act will enjoy the same bi- nominated by co-workers for the Caregiver of The United States is not meeting its obligation. partisan support and consideration to help the Year award. He was selected from among There are not enough law enforcement offi- these young people who have no one else. 19 Maine doctors and nurses by the award cers patrolling reservations, and the statistics Today, more than half a million children are committee, who was impressed by his out- illustrate the consequences. American Indians living in foster care. As a member of the Ways standing work and humanistic approach to and Alaska Natives suffer from the highest and Means Subcommittee on Income Security medical care. crime rates in the nation. Federal law enforce- and Family Support, I have constantly heard An accomplished, compassionate, and ment failed to prosecute more than half of the from young people who struggle as they are deeply humble man, Bill Legere exemplifies violent crimes in Indian Country, including sex- constantly moved from home to home, and the type of caregiver that every hospital and ual assault cases. This is especially troubling school to school when they are in foster care. community would be lucky to have. His co- because the U.S. Justice Department found Those in the child welfare system have not workers related stories of Bill taking the time that one in three Native women will be raped chosen this life; they did not ask to be victims to reassure a frightened child and being an in her lifetime. of neglect and abuse. For a variety of reasons ally for patients who might otherwise be intimi- beyond their control, foster care children are dated by the medical process. That is why I urge my colleagues to support uprooted from all that they know and rely on Bill has left a lasting mark on CMMC, its this bill and the tribal law and order provisions us for help. workers, its patients, and their loved ones. On within it. This legislation improves law enforce- We all remember our years in elementary, behalf of the people of Maine, it is with pride ment on tribal land by encouraging the pros- middle, and high school. We recall our friends, that I congratulate Bill for his excellent work. ecution of more crime, by increasing penalties classmates, teachers, extracurricular activities, I wish him, his wife Teresa, and his daughters for reservation offenders and by establishing favorite classes, and hardest subjects. For fos- Sarah and Deanna the best, especially as protocols to address sexual violence. It enter care youth, it’s a whirlwind of memories. Sarah and Deanna become big sisters to their courages coordination between federal agen- Names, faces, classes, teachers, grades, and new sisters from Uganda. cies, law enforcement officials and tribal com- subjects are a blur. Imagine being the new Madam Speaker, please join me in honoring munities for investigation and prosecution pur- kid, over and over and over again without the Bill Legere for his continued commitment to poses. Under this act, tribal courts would be support you need. Imagine maneuvering the providing medical care and support to the peo- able to sentence offenders up to three years; bureaucracy and politics of different schools ple of Maine. currently, they can only sentence for up to one and school districts on your own as a 12-year- year. These changes are desperately needed. old, as a 16-year-old, as a 6-year-old. This bill f ensures that youth in foster care have school This bill is a positive step towards meeting NEXT GENERATION PUBLIC stability, immediate access to tools and re- our trust responsibility and protecting Indian SAFETY DEVICE ACT OF 2010 Country. As a member of the Congressional sources, and the necessary support for aca- Native American Caucus, I urge my col- demic success. HON. JANE HARMAN leagues to support H.R. 725. Madam Speaker, I believe that each and every young person has a right to a childhood; OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES f each has a right to a basic education. I believe that in addition to consistency, friend- Wednesday, July 28, 2010 PERSONAL EXPLANATION ships, and healthy relationships, education is the key to opportunity, stability, and success. Ms. HARMAN. Madam Speaker, I rise today It is a cornerstone of our nation’s values of de- to introduce the bipartisan Next Generation HON. ADAM SMITH mocracy, hope, and infinite possibility. Public Safety Device Act of 2010 with my En- The Fostering Success in Education Act ergy and Commerce colleague Representative OF WASHINGTON takes us one step further in the right direction JOHN SHIMKUS, Co-Chair of the E-911 Caucus. Our legislation is intended to spur develop- IN THE HOUSE OF REPRESENTATIVES and responds to these all-too-real issues. Madam Speaker, I hope all of my colleagues ment of 21st Century public safety commu- Wednesday, July 28, 2010 will support this worthy and important legisla- nication devices that will provide the highest- tive effort. speed transmission of data, voice, and video Mr. SMITH of Washington. Madam Speaker, services over the Internet. f on Monday, July 26, 2010, I was unable to be Almost a decade after 9/11, America’s first present for recorded votes. Had I been HONORING BILL LEGERE responders still do not have the communica- present, I would have voted ‘‘yes’’ on rollcall tion tools they need to support their mission. vote No. 467 (on the motion to suspend the HON. MICHAEL H. MICHAUD Currently, the public safety device market is rules and pass H.R. 1320, as amended), OF MAINE a monopoly. There are two reasons for lack of ‘‘yes’’ on rollcall vote No. 468 (on the motion IN THE HOUSE OF REPRESENTATIVES competition: first, this particular market is rel- to suspend the rules and agree to H. Res. atively small, and second, the device require- 1504, as amended), and ‘‘yes’’ on rollcall vote Wednesday, July 28, 2010 ments are unique. As a result, first responders No. 469 (on the motion to suspend the rules Mr. MICHAUD. Madam Speaker, I rise and local governments can pay up to $5,000 and pass H.R. 3101, as amended). today to congratulate Bill Legere on being per radio. The money spent on these devices

VerDate Mar 15 2010 06:40 Jul 29, 2010 Jkt 089060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A28JY8.040 E28JYPT1 pwalker on DSK8KYBLC1PROD with REMARKS E1458 CONGRESSIONAL RECORD — Extensions of Remarks July 28, 2010 has not enabled seamless on-the-ground co- I am here to say that all work has dignity. working healthcare providers. Yet, even ordination between first responders or the abil- I am here to say that our nation’s laws healthcare reform signed into law this year ity to access databanks, fingerprint records, should respect the work we all do. failed to protect these workers, even though facial recognition software, or streaming video. Yet, even in America, some workers are their jobs directly relate to quality of care. To solve the problem, our bill authorizes paid less than the minimum wage. People with disabilities, seniors, and anyone $70 million for a research and development Even in America, some are denied overtime needing home care on a permanent or tem- grant program to build devices that support pay. porary basis deserves caring, decently trained, data, video, and voice communications. Even in America, some people do not have and well-paid workers caring for them. This bill charges the National Telecommuni- health insurance or other benefits, and their Direct-care workers constitute one of the cations and Information Agency to coordinate wages are so low that they need to turn to largest and fastest-growing workforces in the with a working group, consisting of the Federal food stamps to make ends meet. country, playing a vital role in job creation and Communications Commission, the DHS Office I am introducing legislation today to show economic growth, particularly in low-income of Emergency Communications, the National that in America, all work does have dignity. communities. Institute of Standards and Technology, and I am introducing legislation that will say, These workers help their clients bathe, public safety stakeholders, to develop criteria, ‘‘Regardless of the work you do, if you do it dress, eat, and negotiate a host of other daily evaluate devices in multiple stages, and select well, you should be compensated enough to tasks. They are a lifeline for those they serve, products for funding and licensing. This proc- take care of your family and put food on the as well as for families struggling to provide ess will produce devices ready for first re- table.’’ quality care. This legislation is meant to provide equity to sponders’ use within five years—hopefully If labor conditions are not improved, the de- those we trust enough to let in our homes and sooner. Thereafter, the GAO will study the mand for more workers may prove difficult to care for our loved ones. Home care workers process by which the program was carried meet and the quality of care may decline. are the linchpin of our nation’s long-term care out, the impacts of the grant program on com- Those who work in the industry will become system, providing essential care and daily liv- petition in the market and the development of less and less able to meet basic living ex- ing services to more than 13 million Ameri- first responder devices. The cost of this pro- penses for themselves and their families. gram will not add to the deficit because it is cans. Let’s make things right for workers—no mat- However, they are among the worst-paying offset by extending the authority of the FCC to ter whether they sit behind a desk or care for jobs in America—mostly because of Depart- auction spectrum. someone in a home. ment of Labor regulations that exclude them Directed research and development is es- Our working Americans—care givers and from federal minimum wage and overtime pro- sential to achieving interoperability because it care receivers—deserve this. will drive down cost and develop devices that tections. In 1975, after Congress had revised the Fair f public safety has a hand in selecting. Equally Labor Standards Act to include previously ex- as important, this bill will accelerate the devel- RECOGNIZING THE FREIGHT cluded domestic service workers, the Depart- opment of those devices, quickly giving public RAILROAD INDUSTRY ment of Labor issued rules that exempted safety more options with new cost savings to home care aides from the federal overtime SPEECH OF states and localities, and assurance that the and minimum wage protections. technology can be trusted for their important The Clinton Administration’s Department of HON. HENRY C. ‘‘HANK’’ JOHNSON, JR. work. Labor issued proposed rules to correct this in- OF GEORGIA This bill has the support of the Association justice, but the Bush Administration withdrew IN THE HOUSE OF REPRESENTATIVES of Public Safety Communications Officials, those proposals. which has identified research and develop- Tuesday, July 27, 2010 Secretary of Labor Hilda Solis, tasked with ment as one of its top priorities. The Fraternal Mr. JOHNSON of Georgia. Mr. Speaker, I the tough job of trying to fix eight years of ne- Order of Police and the National Emergency rise today in support of H. Res. 1401, ex- glect and anti-worker policies at the Depart- Numbers Association also endorse the bill, as pressing gratitude for the contributions that the ment of Labor, has committed to remedy this do Sprint and the Rural Cellular Association. air traffic controllers of the United States make injustice by including it on her regulatory agen- We in Congress must ensure public safety to keep the traveling public safe and the air- da. And I commend those efforts. officials have access to a competitive, dy- But I believe that workers not only need the space of the United States running efficiently, namic, and innovative market for the devices right regulations, but they also need the right and for other purposes. I must commend and that are used to save lives and help protect law. I want to make sure that any administra- thank Congresswoman MCCARTHY for her our communities. tion—whether it is this one, or one to come, leadership on this legislation and her dedica- I hope that this effort will bring tech- can never tell any worker they are ‘‘less than.’’ tion to recognizing the brave work of air traffic nologists, first responders, and government to- The Direct Care Workforce Empowerment controllers. gether to create innovative solutions for a Act would do three things: ensure that home Just last week, a plane taking off from my major national security concern, and urge care workers receive the federal minimum home state of Georgia was forced to make an prompt action on this legislation. wage and overtime protections of the Fair emergency landing at Hartsfield-Jackson Inter- f Labor Standards Act; improve federal and national Airport after a tire blew during takeoff. THE DIRECT CARE WORKFORCE state data collection and oversight with re- The plane circled the skies for several hours EMPOWERMENT ACT spect to the direct care workforce; and estab- and with the help of air traffic controllers on lish a grant program to help states improve di- the ground, the plane was able to land safely. HON. LINDA T. SA´ NCHEZ rect care worker recruitment, retention, and No one was injured, and the passengers were training. routed to another flight. OF CALIFORNIA This example is just one of many describing IN THE HOUSE OF REPRESENTATIVES Yesterday, someone asked me why this was so important to me. Home care touches the crucial job of air traffic controllers, a group Wednesday, July 28, 2010 all of us—most of us in this room know some- that might remain unrecognized were it not for Ms. LINDA T. SA´ NCHEZ of California. one who has required the assistance of a this resolution. Everyday air traffic controllers Madam Speaker, imagine a very tall corporate home care worker. work to keep the traveling public safe and office building, and a man is working inside They help their patients with daily living, en- U.S. airspace running efficiently. They execute sitting at his desk dressed in a suit and tie. He abling them to stay in their homes and main- their job with the highest level of efficiency is talking on the phone while working from his tain independence. As the daughter of a father and maintain a calm and professional manner computer and sipping a latte. living with Alzheimer’s—I know just how im- despite the stressful circumstances they may Now imagine a very small home in a quiet portant home care workers are. encounter. neighborhood, and a woman is working inside, Yet, every year, home care aides land on H. Res. 1401 serves as a small thank you wearing sneakers and comfortable clothes. Forbes magazine’s list of the ‘‘25 worst-paying and acknowledgement to air traffic controllers She is straining to lift up an elderly man al- jobs in America.’’ The mean annual wages put for their often heroic actions, dedication, and most twice her size trying to help him put on them behind parking lot attendants. quick and skilled decision making to help avert his t-shirt to get ready for lunch. Once hired, they leave in droves; turnover many accidents and tragedies. Additionally, Is the work the corporate man is doing more rates run 50 to 80 percent a year. the resolution serves as an opportunity to en- important than the home-worker? More val- Rights earned decades ago by similar work- courage greater investment in the moderniza- ued? Better paid? ers continue to be denied to these hard- tion of the air traffic control system so that

VerDate Mar 15 2010 06:40 Jul 29, 2010 Jkt 089060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A28JY8.044 E28JYPT1 pwalker on DSK8KYBLC1PROD with REMARKS July 28, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E1459 they have the resources and technology to Social Security program. Social Security has his long and dedicated career he was also better carry out their mission. been one of the most popular and successful awarded the Distinguished Service Cross, Le- Mr. Speaker I urge my colleagues to sup- government programs in our nation’s history. It gion of Merit, two Bronze Stars, and Purple port this legislation. It serves as an opportunity is a social compact that extends across all Heart. to give air traffic controllers the acknowledge- generations and all income groups. More than Following his service in the Army, Nick ment they so deserve and encourage them to 95 percent of American workers pay into the Bacon served his fellow veterans and his state keep our skies safe for all. system and without it, more than half of to- as Director of the Arkansas Department of f day’s seniors would live below the poverty Veterans Affairs and President of the Medal of line. In addition to lifting millions of elderly Honor Society. He had steadfast support for NINA ARCHABAL’S 23 YEARS OF Americans out of poverty, Social Security pro- the veterans of Arkansas and was instru- SERVICE TO MINNESOTA AS THE vides vital social insurance to countless dis- mental in the creation of the Arkansas State DIRECTOR OF THE MINNESOTA abled workers and survivor benefits for de- Veterans Cemetery and the Arkansas State HISTORICAL SOCIETY pendent spouses and families. Because so Veterans Cemetery Beautification Foundation. many people depend upon the Social Security I wish First Sergeant Bacon’s family the HON. BETTY McCOLLUM benefits they have earned over a lifetime of deepest condolences for their loss. Nick OF MINNESOTA work, any changes in the current system must Bacon conducted his life in a selfless, dedi- IN THE HOUSE OF REPRESENTATIVES be reviewed very carefully. Any effort to cated manner that we all should aspire to; his Wednesday, July 28, 2010 change the Social Security system should be service and sacrifice will not soon be forgotten bipartisan, reflect broad public support and in his state or by his fellow soldiers. I ask Ms. MCCOLLUM. Madam Speaker, I rise today of my fellow colleagues that we stand today in recognition of Nina Archabal for her continue to ensure a guaranteed benefit with annual cost-of-living adjustments. I will con- and honor the legacy of First Sergeant Nick 33 years of service to the Minnesota Historical Bacon. Society, including 23 years of service as the tinue to work with my colleagues to preserve Director and strengthen the current Social Security pro- f The Minnesota Historical Society is a private gram and to oppose any plan that would vio- HONORING MR. SHEPARD ‘‘SHEP’’ nonprofit organization that was founded in late our nation’s compact with retirees. LEE 1849 to preserve the history of the State of f Minnesota, while providing educational and RECOGNIZING PASTOR SHAWN HON. MICHAEL H. MICHAUD cultural learning opportunities. Today, the soci- BLACK OF MAINE ety operates 26 historic sites and museums IN THE HOUSE OF REPRESENTATIVES throughout the state of Minnesota. Wednesday, July 28, 2010 Ms. Archabal began her distinguished ca- HON. JOHN CAMPBELL reer with the Minnesota Historical Society in OF CALIFORNIA Mr. MICHAUD. Madam Speaker, I rise 1977. In 1987, Archabal became the Historical IN THE HOUSE OF REPRESENTATIVES today to commemorate the accomplishments Society’s 10th Director after serving nine years Wednesday, July 28, 2010 and life of Shepard ‘‘Shep’’ Lee, who passed as deputy director. away on June 23rd of this year. While at the helm of the Historical Society, Mr. CAMPBELL. Madam Speaker, I rise Shep was a well-known entrepreneur and Archabal oversaw several major projects in- today to recognize a constituent of mine, Pas- philanthropist within the state of Maine. After cluding the construction of the Minnesota His- tor Shawn Black of Calvary Chapel in Costa taking over his father’s local automobile deal- torical Society Center in Saint Paul, the Mille Mesa, California. Pastor Black served as our ership in 1947, he eventually expanded the Lacs Indian Museum in Onamaia and the Mill guest Chaplain this morning. Eight years ago, business to encompass thirteen locations City Museum in Minneapolis. These projects he founded Project Prayer Flag, a non-profit throughout Maine. He was a true pioneer in have helped to preserve and protect Min- organization which has supported over his field and was never afraid to take a risk to nesota’s past and tell Minnesota’s story. Visi- 700,000 American military personnel by pro- help the business community. He was the first tors to Historical Society sites learn about our viding care packages and support for troops’ local car dealer to use television ads in the past through unique and engaging exhibits, in- families. Pastor Black himself volunteered for 1960s and employ a board of directors. He cluding ‘‘living history’’ demonstrations like the military service at age 17, and in addition to was a tireless advocate of economic develop- beloved celebration of the holidays at the his ministry, has spent over twenty years in ment in Maine, even offering advice to com- Saint Paul home of Minnesota’s first territorial law enforcement, including a stint as a Federal petitors. governor, Alexander Ramsey, where visitors Air Marshal from 2002–2005. I would like to In addition, Shep is remembered for his experience Christmas 1875 by meeting ‘‘mem- thank him for opening this session of Con- contributions to the greater community. A bers’’ of the Ramsey family, sampling fresh gress today in prayer, as well as for his many graduate of Bowdoin College, he championed cookies from the wood-burning stove. These years of dedicated service to our country. educational progress, donating generous unique traditions make history accessible and f amounts to both Bowdoin and Bates Colleges and the George Mitchell Scholarship fund. He understandable to young and old alike. TRIBUTE TO NICK DANIEL BACON Throughout her career, Nina Archabal has sat on the law and business school boards of demonstrated strength of character, hard the University of Southern Maine, the board of work, dedication and perseverance that has HON. MARION BERRY the Muskie School of Public Service and the made the Minnesota Historical Society a na- OF ARKANSAS Maine Community College Board. tional model for historic preservation and inter- IN THE HOUSE OF REPRESENTATIVES His life-long commitment to gender equality and civil rights was also remarkable. He was pretation. I value her service and commitment, Wednesday, July 28, 2010 which will be felt by generations of Minneso- an active member of the Maine branch of the Mr. BERRY. Madam Speaker, I rise today to NAACP and served on the board of the Amer- tans in the future. pay tribute to the life of a Medal of Honor re- Madam Speaker, please join me in con- ican Civil Liberties Union, later receiving the cipient, a committed advocate of veterans’ gratulating Nina Archabal for her 23 years of Roger Baldwin Award, the ACLU’s higher rights, and a true American hero. On July service for the state of Minnesota. It is my honor. Shep supported gay rights legislation 17th, 2010 Nick ‘‘Nicky’’ Bacon passed away honor to submit this statement. well before the passage of Maine’s non-dis- at the age of 64 after a hard-fought battle with crimination law. f cancer. He lived a life of service to our na- An advisor, friend and tireless fund-raiser for SOCIAL SECURITY’S 75TH tion’s military, our country and our state. Senator George Mitchell, the late Justice ANNIVERSARY Nick Bacon served in the United States Frank Coffin and the late Edmund Muskie, Army from 1963 to 1984; in his service he dis- Shep’s political activism was notable both lo- HON. HENRY A. WAXMAN played a love of country and faithful service to cally and nationally. He is fondly remembered OF CALIFORNIA his fellow soldiers. While serving, he risked his by his friends, family and colleagues, and his life and led two platoons forward through IN THE HOUSE OF REPRESENTATIVES contributions to the State of Maine will not heavy enemy fire to save men pinned down soon be forgotten. Wednesday, July 28, 2010 on the battlefield. It was for this act of selfless Madam Speaker, please join me in honoring Mr. WAXMAN. Madam Speaker, I rise today valor and courage under fire that Nick Bacon Shepard Lee for his life of dedication and to commemorate the 75th anniversary of the earned the Congressional Medal of Honor. In service to his community and his country.

VerDate Mar 15 2010 06:40 Jul 29, 2010 Jkt 089060 PO 00000 Frm 00015 Fmt 0626 Sfmt 0634 E:\CR\FM\A28JY8.046 E28JYPT1 pwalker on DSK8KYBLC1PROD with REMARKS E1460 CONGRESSIONAL RECORD — Extensions of Remarks July 28, 2010 H.R. 5892, THE WATER RESOURCES ades, the Committee on Transportation and Congress, either in the House of Representa- DEVELOPMENT ACT OF 2010 Infrastructure has strived to enact a water re- tives or the United States Senate, and each sources development act every Congress. request of a Member of the House was ac- HON. JAMES L. OBERSTAR Since at least 1986, this Committee has been companied by a certification from the Member OF MINNESOTA successful in reporting legislation, every Con- that neither he nor she nor his or her spouse IN THE HOUSE OF REPRESENTATIVES gress, to meet the water-related infrastructure had a financial interest in the project. This in- Wednesday, July 28, 2010 needs of the Nation. While these efforts were formation was made publicly available through not always successful in moving a bill to the the Committee report, the CONGRESSIONAL Mr. OBERSTAR. Madam Speaker, together President’s desk for his consideration, the tra- RECORD, and in the Joint Explanatory State- with Subcommittee on Water Resources and dition of our Committee, under both Demo- ment of the Conference Report prior to consid- Environment Chairwoman EDDIE BERNICE cratic and Republican majorities, is to address eration of the legislation in the House of Rep- JOHNSON, I rise today to introduce H.R. 5892, the critical needs of the Nation in a timely and resentatives. the ‘‘Water Resources Development Act of regular manner. That transparency and accountability prin- 2010’’. This legislation continues the long- Following the successful enactment of the ciple continues to be the policy of the Com- standing tradition of the Committee on Trans- Water Resources Development Act of 2007, mittee on Transportation and Infrastructure in portation and Infrastructure to address the crit- Pub. L. 110–114, the current Democratic and the formulation of H.R. 5892, the ‘‘Water Re- ical infrastructure needs of the Nation, includ- Republican leadership of the Committee on sources Development Act of 2010.’’ In Decem- ing its water-related infrastructure. Transportation and Infrastructure renewed our ber 2009, the Committee received more than The Committee on Transportation and Infra- committed to enactment of a water resources 2,000 individual requests from both Demo- structure is second to none in terms of author- development act in every Congress. Through cratic and Republican Members for projects izing investment in our Nation’s vital infrastruc- a water resources bill, Congress authorizes ture projects. Whether the issue is investment and studies to be included in the water re- critical navigation, flood damage reduction, in our Nation’s wastewater infrastructure, in- sources development bill. Although this bill in- and environmental restoration projects and vestment in our nation’s highways and public cludes only a small percentage of those re- studies carried out by the Corps. Throughout transit, or investment in our nation’s water-requests, the legislation introduced today rep- lated infrastructure, this Committee is com- its history, these water resources development resents progress in meeting the next genera- mitted to investment in our Nation’s infrastruc- acts have provided the Corps with the author- tion of critical navigation, flood damage reduc- ture, to create well-paid jobs that cannot be ity to carry out nationally significant projects tion, and environmental restoration projects for outsourced, and to ensure the economic and that have improved the economic prosperity of our Nation. environmental health and well-being of this the nation, have protected its citizenry from In addition, with the introduction of this leg- Nation for decades to come. the threat of flooding and coastal storms, and islation, the Committee on Transportation and Every day, we see and hear of the Nation’s have put in place restoration efforts for many Infrastructure has instituted an additional crumbling infrastructure, and, on a bipartisan of America’s natural treasures. In the Water measure of transparency and accountability by basis, are moving an agenda to repair and re- Resources Development Act of 2007, Con- requiring that all project and study requests in- place existing assets, and to plan for the next gress authorized major navigation projects cluded in the introduced bill be publicly dis- generation of highways, bridges, transit sys- along the coasts of the United States, and closed and made electronically-available on tems, airports, water transportation, and water- throughout its interior, authorized projects for the Internet, along with a copy of the individual related infrastructure. the long-term recovery and restoration of certifications from Members of Congress stat- Last year, in an effort to stave off the worst coastal Louisiana from the effects of Hurri- ing that neither the Member nor his or her impacts of the economic downturn, Congress canes Katrina and Rita, and authorized the spouse has a financial interest in the project, passed the American Recovery and Reinvest- first critical projects for the restoration of the and a copy of a letter from the State or local ment Act of 2009, Pub. L. 111–5. The Recov- Florida Everglades. government expressing support for the project. ery Act has already played a key role in put- Today, the Corps maintains more than A summary of H.R. 5892, the ‘‘Water Re- ting Americans back to work. The Recovery 11,000 miles of channels for commercial navi- sources Development Act of 2010’’, is in- Act enabled communities to invest in safe and gation and operates locks at 230 sites. One- cluded with my statement. reliable modes of transportation, invest in our half of all locks are more than 50 years old. H.R. THE ‘‘WATER RESOURCES DEVELOPMENT Nation’s economy and environment, and en- The Corps also maintains 300 deep commer- ACT OF 2010’’ sure that the next generation will be provided cial harbors and 600 shallow coastal and in- IN GENERAL with the same opportunities that were provided land harbors. There are 75 hydropower plants Reaffirms the continuing commitment of to us by our predecessors. at Corps facilities producing one-fourth of the the Committee on Transportation and Infra- Yesterday, our Committee held its 20th Nation’s hydroelectric power. To address flood structure to the nation’s water resources in- oversight hearing on the implementation of the risks, the Corps manages 383 major lakes and frastructure, and a regular authorization Recovery Act, and heard testimony that, as of reservoirs, and 8,500 miles of levees. The schedule for the Civil Works Program of the July 2009, 17,024 highway, transit, and waste- Corps estimates that, on average, its civil Army Corps of Engineers to address new and emerging water resources needs, and to fine- water infrastructure projects have broken works projects prevent $20 billion in flood tune the Corps’ missions and responsibilities. ground across the nation, totaling $32.7 bil- damages ever year. Authorizes three projects with Chief of En- lion—that is 86 percent of the total available The enactment of water resources develop- gineer’s reports relating to hurricane and formula funds. Within this total, work has been ment acts has a unique history, in which Con- storm damage reduction, and ecosystem res- completed on 6,920 projects, totaling $5.3 bil- gress authorizes each individual project. Since toration. lion. Many of the projects built with these Re- the first authorizations for these projects in the Includes technical changes to the Corps’ covery Act funds were originally considered earliest days of our Nation, Congress has al- programmatic authorities, including: clari- and authorized by this Committee, including ways provided line-item authorizations for fying the intent of Congress related to the Corps’ crediting authority; increasing the projects and studies authorized in prior water each project. Congress has never authorized transparency of independent reviews; and resources development acts. a blank check to the Corps to enable it to in- improving the effectiveness of mitigation Under the Recovery Act’s appropriation of vest wherever it chooses. that addresses impacts from Corps’ projects $4.6 billion for the U.S. Army Corps of Engi- Given this unique history, and in the interest on the natural environment. neers, Corps, the agency has committed $3.9 of transparency and accountability, the Com- Establishes a policy for increased expendi- billion for 793 projects, or 85 percent of its mittee on Transportation and Infrastructure tures from the Harbor Maintenance Trust total allotment. These investments have en- charted a new chapter for project authoriza- Fund to ensure that annual revenues col- abled the Corps to repair or improve 155 lock tions at the outset of the 110th Congress. We lected are utilized to meet the nation’s navi- chambers, and maintain or improve harbors adopted a policy requiring each project author- gation maintenance dredging needs. Authorizes the Corps of Engineers to work and waterways that serve over 2,400 commer- ization in the Water Resources Development with local communities in the assessment cial ports. In addition, through the Recovery Act of 2007 to be requested by a Member of and evaluation of local flood control struc- Act, the Corps has initiated 1,132 flood risk Congress and accompanied by a ‘‘no financial tures, including levees. management projects to improve dam or levee interest’’ certification signed by the requesting NAVIGATION AND COMMERCE safety, and 1,034 projects to maintain or up- Member. Authorizes four small projects for naviga- grade recreation areas. Every project authorization included in the tion. The basis for these types of investments is Water Resources Development Act of 2007 Authorized additional Federal funding for the water resources development act. For dec- was specifically requested by a Member of the upgrade of the St. Lawrence Seaway.

VerDate Mar 15 2010 06:40 Jul 29, 2010 Jkt 089060 PO 00000 Frm 00016 Fmt 0626 Sfmt 0634 E:\CR\FM\A28JY8.052 E28JYPT1 pwalker on DSK8KYBLC1PROD with REMARKS July 28, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E1461 FLOOD DAMAGE REDUCTION chambers effectively fight for business. The CONDEMNING TERRORIST Authorizes 29 small flood damage reduc- chamber received a perfect score on five of ATTACKS IN KAMPALA, UGANDA tion projects. the nine sections of the review. SPEECH OF HURRICANE AND STORM DAMAGE REDUCTION The Rogers-Lowell chamber received this AND SHORE PROTECTION award five years ago and is a great example HON. MICHAEL N. CASTLE Authorizes the project Mississippi Coastal OF DELAWARE Improvements Program, Hancock, Harrison, for the state and the country. This honor truly and Jackson Counties, Mississippi. reflects the chamber’s enthusiasm and dedica- IN THE HOUSE OF REPRESENTATIVES Authorizes the project West Onslow Beach tion to working on behalf of the Arkansas busi- Tuesday, July 27, 2010 and New River Inlet (Topsail Beach), Pender ness community. Mr. CASTLE. Mr. Speaker, I rise today in County, North Carolina. This is an honor in which few receive. I am Authorizes ten smaller projects for shore- support of H. Res. 1538, condemning the July line and streambank protection. very proud of the Rogers-Lowell Area Cham- 11 terrorist attacks in Uganda, which claimed ber for this accomplishment. I am confident ENVIRONMENTAL RESTORATION AND over 70 lives, including an American citizen, PROTECTION the good work will continue and I look forward and Delawarean, Nate Henn. Authorizes the project for Mid-Chesapeake to celebrating and recognizing its future suc- Nate was in Uganda working as a volunteer Bay Island Ecosystem Restoration Project, cesses. for Invisible Children, a group dedicated to Chesapeake Bay. ending the practice of child soldiers in war. Authorizes 31 smaller projects for aquatic f Nate left University of Delaware in 2008 and ecosystem restoration and increases the per- had been working with Invisible Children ever project limit for small aquatic ecosystem HONORING THE WILLIAM LADD since. The tribes he worked with nicknamed restoration projects and small project modi- CHAPTER OF VETERANS FOR him ‘‘Oteka,’’ which means ‘‘The Strong One’’ fications for improvement of the environ- PEACE ment to $10 million. and from all the accounts of his work that I Authorizes the Corps of Engineers to up- have read, he was more than deserving of grade the initial electrical barrier and imple- that name. ment additional barriers in and around the HON. MICHAEL H. MICHAUD This coordinated terrorist attack was both Chicago Sanitary and Ship Canal to enhance brutal and targeted, taking place in areas of OF MAINE efforts in keeping the Asian Carp from enter- Kampala where many Ugandans and others ing the Great Lakes. IN THE HOUSE OF REPRESENTATIVES gathered to watch the World Cup games. This Directs the Secretary to study the poten- resolution rightfully calls on the administration Wednesday, July 28, 2010 tial for hydrologic separation of the Mis- to work with the international community to ad- sissippi River basin system and the Great Lakes basin at the Chicago Sanitary and Mr. MICHAUD. Madam Speaker, I rise dress the security threat emanating from So- Ship Canal. Directs the Corps to develop a today to recognize the William Ladd Chapter mali, particularly the al Shabaab terrorist net- comprehensive plan for restoration of the of Veterans for Peace for their 25 years of work, which claimed responsibility for these vi- Chesapeake Bay, in coordination with other commitment to the cause of world peace. cious attacks. I am hopeful that we can work Federal agencies and consistent with the together with the international community to Chesapeake Bay Agreement. Veterans for Peace was founded in 1985 eliminate extremism and promote stability and Directs the Corps to develop a comprehen- and is comprised of veterans from all across peace in Somalia, and throughout the region. sive plan for carrying out ecosystem restora- the country. It includes men and women vet- As a cosponsor of H. Res. 1538, I strongly tion projects within the coastal waters of the erans of all eras and duty stations spanning Northeastern United States. support this measure and urge my colleagues the Spanish Civil War, World War II, the Ko- to join me in condemning the July 11 terrorist STUDY AUTHORITY rean, Vietnam, Gulf and current Iraq wars as attacks and honoring the victims, particularly Authorizes the Secretary to undertake well as other conflicts. Nate Henn. more than 160 studies for potential future water resource projects, including potential The founding and success of the Maine f projects for navigation, flood damage reduc- chapter of Veterans for Peace is a story of hu- PASSAGE OF NATIONAL CRIMINAL tion, hurricane and storm damage reduction, manitarianism and cooperation based on col- JUSTICE COMMISSION environmental restoration, and water sup- lective experience. Twenty five years ago, ply. several Maine Vietnam veterans drew up the WATERSHED PLANNING organizational documents for what today has HON. MARCIA L. FUDGE Increases the opportunities for the Corps become a leading voice for peace in the Na- OF OHIO to facilitate watershed planning and carry tion. IN THE HOUSE OF REPRESENTATIVES out watershed and river basin assessments. Wednesday, July 28, 2010 Authorizes the Corps of Engineers to un- For 25 years, Maine Veterans for Peace dertake a comprehensive water supply and have used their unique perspective as vet- Ms. FUDGE. Madam Speaker, the House’s allocation study for the State of Georgia. erans to work toward increasing public aware- endorsement of the National Criminal Justice f ness of the costs of war. They are a constant Commission is a major victory as the bill reminder that non-violent means of problem moves towards final passage. My constituents CONGRATULATING ROGERS-LOW- solving are not just possible, but necessary. believe a thorough examination of America’s ELL CHAMBER FOR RECEIVING They have tirelessly worked to restrain the criminal system is needed, and I agree. FIVE-STAR U.S. ACCREDITATION government from intervening, overtly and cov- Our Nation has approximately 5 percent of ertly, in the internal affairs of other nations, to the world’s population, but roughly 25 percent HON. JOHN BOOZMAN end the arms race and to reduce and eventu- of the world’s prison population. About 1 of OF ARKANSAS ally eliminate nuclear weapons, to seek justice every 45 adults is currently behind bars, which IN THE HOUSE OF REPRESENTATIVES for veterans and victims of war and to abolish is five times the world’s average incarceration war as an instrument of national policy. To rate. These rates indicate inconsistencies and Wednesday, July 28, 2010 achieve these goals, members of Veterans for flaws within our judicial system. This must Mr. BOOZMAN. Madam Speaker, I rise Peace use non-violent means and maintain an change. today to recognize the Rogers-Lowell Area organization that is both democratic and open. African Americans are far more likely to be Chamber of Commerce for receiving a five- incarcerated for drug offenses than other With their 25th anniversary, the William star accreditation from the U.S. Chamber of groups. We represent only 12 percent of the Ladd Chapter of Maine Veterans for Peace Commerce. There are 66 chambers in the U.S. population, but 74 percent of America’s has great cause for celebration. Their suc- country to hold this honor and it is the only drug offenders who have been sentenced to chamber in Arkansas to earn this recognition, cessful work and meaningful contributions to prison. This must change. the U.S. Chamber’s highest accreditation. the State, the Nation and the world are im- If we fail to implement effective reform, our The chamber goes through accreditation measurable. Nation will continue to spend more on prisons every five years. This measures achievement Madam Speaker, please join me in honoring while depleting already financially stressed and shows how to reach and maintain industry the William Ladd Chapter of Veterans for State budgets. As significantly, we will not standards. Accreditation also provides a path Peace for their outstanding work to change make our communities safer or reduce high to building effective chambers and helps and bring peace to the world. recidivism rates.

VerDate Mar 15 2010 06:40 Jul 29, 2010 Jkt 089060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A28JY8.053 E28JYPT1 pwalker on DSK8KYBLC1PROD with REMARKS E1462 CONGRESSIONAL RECORD — Extensions of Remarks July 28, 2010 I look forward to the day we receive the PERSONAL EXPLANATION with the Boy Scouts of America, either as a Commission’s report. Then we can begin the youth member, an Eagle Scout, an adult vol- crucial task of reforming and improving Amer- HON. DONALD M. PAYNE unteer, or some combination of the three. Per- ica’s ailing criminal justice system. sonally, I take great store in what I learned as OF NEW JERSEY f a Boy Scout and Eagle Scout. The experience IN THE HOUSE OF REPRESENTATIVES has been a great influence on both my per- RECOGNIZING 20TH ANNIVERSARY Wednesday, July 28, 2010 sonal life and my work in Congress. I am es- OF AMERICANS WITH DISABIL- Mr. PAYNE. Madam Speaker, unfortunately, pecially honored to have received the Distin- ITIES ACT on July 27, 2010 I was delayed during the guished Eagle Scout Award, and I also am vote on the adoption of H. Con. Res. 301, the honored to have been a part of Alvin SPEECH OF Pakistan War Powers Resolution. Townley’s book, ‘‘Legacy of Honor: The Val- ues and Influence of America’s Eagle Scouts.’’ HON. NICK J. RAHALL II However, if I had been present, I would Madam Speaker, we should all be inspired OF WEST VIRGINIA have voted ‘‘yes’’ on H. Con. Res. 301. by the Boy Scouts of America and we should IN THE HOUSE OF REPRESENTATIVES f all be motivated to incorporate their goals into Monday, July 26, 2010 HONORING THE BOY SCOUTS OF our daily lives. As the Boy Scout slogan says, Mr. RAHALL. Mr. Speaker, I rise today in AMERICA’S CENTENNIAL ANNI- we should all ‘‘do a good turn daily.’’ For the honor of the 20th Anniversary of the enact- VERSARY past 100 years, the Boy Scouts of America ment of the Americans with Disabilities Act of have lived this ideal, and our country is a bet- 1990, which I deem to be one of the greatest HON. SANFORD D. BISHOP, JR. ter place due to their actions. On this day, I civil rights laws ever passed by our Congress. extend my sincerest congratulations to the OF GEORGIA Boy Scouts and join them in celebrating their Since the establishment of the Americans IN THE HOUSE OF REPRESENTATIVES with Disabilities Act, more than 50 million Centennial Anniversary, and I pray that God Americans are able to more wholly enjoy their Wednesday, July 28, 2010 will grant them one hundred more! lives, thanks to the ongoing elimination of bar- Mr. BISHOP of Georgia. Madam Speaker, I riers on employment, public services, transpor- rise today to honor the Centennial Anniversary f tation, telecommunications and public accom- of the Boy Scouts of America. For the past RECOGNIZING 20TH ANNIVERSARY modations. 100 years, the Boy Scouts of America have OF AMERICANS WITH DISABIL- Prior to the passage of this Act, our dis- worked tirelessly to provide an educational ITIES ACT abled American citizens—wounded warrior program for boys and young adults to build veterans, men, women and children—faced character, to train in the responsibilities of par- SPEECH OF higher rates of poverty, lower graduation rates, ticipating citizenship, and to develop personal significantly lower unemployment rates and fitness. HON. MIKE McINTYRE were too often denied their right to fully partici- William Boyce founded the Boy Scouts of OF NORTH CAROLINA pate in society. America on February 8, 1910 using, as a IN THE HOUSE OF REPRESENTATIVES This Act made vital changes, prohibiting dis- model, the British system of Scouting created criminating against qualified individuals with by General Robert Baden-Powell in 1907. In Monday, July 26, 2010 disabilities in the workplace; requiring state 1916, the organization was granted a Con- Mr. MCINTYRE. Mr. Speaker, it is my great and local government entities to accommodate gressional Charter, and as the organization pleasure to rise today in honor of the 20th an- qualified individuals with disabilities; providing grew, it served more and more young men, niversary of the Americans with Disabilities better access to many modes of public trans- teaching them to live by the Scout Law. Since Act. On July 26, 1990, thousands gathered on portation; and requiring places of public ac- its inception, over 110 million Americans have the South Lawn of the White House as former commodation to make their goods and serv- been members of the Boy Scouts of America. President George H.W. Bush signed into law ices easily accessible to the disabled. I am proud to say that my life has been legislation that would provide a clear and com- While many great changes have been insti- strengthened through scouting. As a young prehensive national mandate for the elimi- tuted since the passage of this act, there is man, I was a member of Troop 201 in Mobile, nation of discrimination against individuals with still a lot of work to be done. In a nation as Alabama. It was while earning my merit disabilities. This moment changed the lives of great as ours, it is a stunning reality that our badges in Citizenship in the home, community, so many Americans, and I rise today to recog- disabled grandparents and parents, sons and and the Nation that my interest in our great nize the overwhelming importance of this law. daughters, and the wounded warriors who political process was ignited. From my experi- have so bravely served around the globe to ence as an Eagle Scout, I know the time, ef- Over the past 20 years, this law has allowed preserve democracy and promote freedom, fort, and thorough dedication the Boy Scouts Americans with disabilities to have access to continue to struggle with inequalities that do instilled in me, to be a better person, and to educational opportunities, employment, trans- not have to exist. serve God and the greater good of our coun- portation, buildings, and community affairs that I’m putting the Wounded Warrior Fellowship try. once presented insurmountable obstacles. Program to work in our area to provide an em- For a full century, boys and men have gath- In June of 2008, it was my honor to ad- ployment opportunity for a wounded or dis- ered and declared: ‘‘On my honor I will do my vance the cause of this legislation even further abled veteran living in southern West Virginia. best to do my duty to God and my country by voting in favor of the Americans with Dis- There are 170,783 veterans in West Virginia— and to obey the Scout Law; to help other peo- abilities Amendments Act, legislation which 51,500 in our Congressional District alone— ple at all times; to keep myself physically provides Americans with disabilities an even and that number is growing exponentially strong, mentally awake, and morally straight.’’ broader scope of freedom and protection. And every day. These brave men and women re- And for a full century, we have constantly re- today, it is my honor yet again to support a turning from Iraq and Afghanistan face a 21 mained Trustworthy, Loyal, Helpful, Friendly, House Resolution recognizing and honoring percent unemployment rate; add to that fact, Courteous, Kind, Obedient, Cheerful, Thrifty, this 20th anniversary of the original Act. the vulnerable position as a wounded or dis- Brave, Clean, and Reverent. Our future lead- Mr. Speaker, this law has improved the lives abled soldier, and we know the challenges to ers are cultivated through a combination of of millions of Americans with disabilities. But secure a good paying job grow tremendously. educational and fun activities, instilling lifelong while we celebrate the freedom and opportuni- It is our duty as leaders to support each and values. Through various programs, the Boy ties provided by the ADA, we must also recog- every one of our disabled Americans. While I Scouts of America strive to create a more con- nize that there is more work to be done. We salute this historic piece of legislation, I conscientious, responsible, and productive soci- should help all Americans, regardless of their tinue to work on a bipartisan basis, to help ety, and they have succeeded now for 100 physical or mental abilities. I am committed to identify and address the remaining barriers years. continuing this work, and I look forward to against the disabled, which truly undermine The distinguished products of scouting can working with my colleagues to ensure all peo- America’s goals and the ideals upon which our be found among my colleagues. Of the 111th ple can reach their full potential. great country was founded. Congress, 211 members have participated

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Marciel, of California, to be Ambas- Terrorism and Homeland Security Sub- This title requires all such committees sador to the Republic of Indonesia, Ju- committee to notify the Office of the Senate Daily dith R. Fergin, of Washington, to be To hold hearings to examine government Digest—designated by the Rules Com- Ambassador to the Democratic Repub- preparedness and response to a terrorist attack using weapons of mass de- mittee—of the time, place, and purpose lic of Timor-Leste, Helen Patricia Reed-Rowe, of Maryland, to be Ambas- struction. of the meetings, when scheduled, and sador to the Republic of Palau, Paul W. SD–226 any cancellations or changes in the Jones , of New York, to be Ambassador 2:30 p.m. meetings as they occur. to Malaysia, James Franklin Jeffrey, Homeland Security and Governmental Af- As an additional procedure along of Virginia, to be Ambassador to the fairs with the computerization of this infor- Republic of Iraq, Maura Connelly, of Investigations Subcommittee mation, the Office of the Senate Daily New Jersey, to be Ambassador to the To hold hearings to examine social secu- Digest will prepare this information for Republic of Lebanon, Gerald M. rity disability fraud, focusing on case printing in the Extensions of Remarks Feierstein, of Pennsylvania, to be Am- studies in Federal employees and com- bassador to the Republic of Yemen, and mercial drivers licenses. section of the CONGRESSIONAL RECORD SD–342 on Monday and Wednesday of each Francis Joseph Ricciardone, Jr., of Massachusetts, to be Ambassador to week. AUGUST 5 Meetings scheduled for Thursday, the Republic of Turkey, all of the De- partment of State, Mark Feierstein, of 9:30 a.m. July 29, 2010 may be found in the Daily Virginia, to be an Assistant Adminis- Veterans’ Affairs Digest of today’s RECORD. trator of the United States Agency for Business meeting to consider pending International Development, Mimi E. calendar business. MEETINGS SCHEDULED Alemayehou, of the District of Colum- SR–418 AUGUST 3 bia, to be Executive Vice President of 10:30 a.m. 9:30 a.m. the Overseas Private Investment Cor- Banking, Housing, and Urban Affairs Armed Services poration, Richard M. Lobo, of Florida, Economic Policy Subcommittee To hold hearings to examine the report to be Director of the International To hold hearings to examine the Obama of the Quadrennial Defense Review Broadcasting Bureau, Broadcasting Administration Manufacturing Agenda. Independent Panel. Board of Governors, Nisha Desai SD–538 SD–G50 Biswal, of the District of Columbia, to 10 a.m. be an Assistant Administrator of the SEPTEMBER 15 Budget United States Agency for International 2:30 p.m. To hold hearings to examine a status re- Development, and a routine list in the Homeland Security and Governmental Af- port on the United States economy. foreign service. fairs SD–608 S–116, Capitol Oversight of Government Management, the Environment and Public Works 2:30 p.m. Federal Workforce, and the District of Children’s Health Subcommittee Homeland Security and Governmental Af- Columbia Subcommittee To hold hearings to examine the state of fairs To hold hearings to examine implemen- research on potential environmental Federal Financial Management, Govern- tation, improvement, and sustain- health factors with autism and related ment Information, Federal Services, ability, focusing on management mat- neurodevelopment disorders. and International Security Sub- ters at the Department of Homeland SD–406 committee Security. Judiciary To hold hearings to examine trans- SD–342 Administrative Oversight and the Courts forming government through innova- Subcommittee tive tools and technology. SEPTEMBER 22 SD–342 To hold hearings to examine protecting 10 a.m. public interest, focusing on under- Veterans’ Affairs AUGUST 4 standing the threat of agency capture. To hold hearings to examine a legislative SD–226 9 a.m. presentation focusing on the American 2:15 p.m. Foreign Relations Legion. Foreign Relations Business meeting to consider S. 2982, to 345, Cannon Building Business meeting to consider the nomi- combat international violence against nations of Peter Michael McKinley, of women and girls, and Treaty between SEPTEMBER 23 Virginia, to be Ambassador to the Re- the United States of America and the 9:30 a.m. public of Colombia, Rose M. Likins, of Russian Federation on Measures for Veterans’ Affairs Virginia, to be Ambassador to the Re- the Further Reduction and Limitation To hold an oversight hearing to examine public of Peru, Christopher W. Murray, of Strategic Offensive Arms, signed in Veterans’ Affairs disability compensa- of New York, to be Ambassador to the Prague on April 8, 2010, with Protocol tion, focusing on presumptive dis- Republic of the Congo, Mark Charles (Treaty Doc. 111–05). ability decision-making. Storella, of Maryland, to be Ambas- S–116, Capitol SDG–50 sador to the Republic of Zambia, James Impeachment Trail Committee (Porteous) Frederick Entwistle, of Virginia, to be Organizational meeting of the Impeach- POSTPONEMENTS Ambassador to the Democratic Repub- ment Trial Committee on the Articles lic of the Congo, Eric D. Benjaminson, Against Judge G. Thomas Porteous, Jr. of Oregon, to be Ambassador to the SR–301 AUGUST 3 Gabonese Republic, and to serve con- 10 a.m. 2:30 p.m. currently and without additional com- Environment and Public Works Energy and Natural Resources pensation as Ambassador to the Demo- To hold an oversight hearing on the use Energy Subcommittee cratic Republic of Sao Tome and Prin- of oil dispersants in the Deepwater Ho- To hold hearings to examine the role of cipe, Phillip Carter III, of Virginia, to rizon Oil Spill. strategic minerals in clean energy be Ambassador to the Republic of Cote SD–406 technologies and other applications as d’Ivoire, J. Thomas Dougherty, of Wyo- Health, Education, Labor, and Pensions well as legislation to address the issue, ming, to be Ambassador to Burkina To hold hearings to examine for-profit including S. 3521, the ‘‘Rare Earths Faso, Michael S. Owen, of Virginia, to schools, focusing on the student re- Supply Technology and Resources be Ambassador to the Republic of Si- cruitment experience. Transformation Act of 2010’’. erra Leone, Laurence D. Wohlers, of SD–106 SD–366

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HIGHLIGHTS The House passed H.R. 5822, Military Construction and Veterans Affairs and Related Agencies Appropriations Act, 2011. House Committees ordered reported 35 sundry measures. Senate Authorizing Document Production and Testi- Chamber Action mony: Senate agreed to S. Res. 600, to authorize Routine Proceedings, pages S6345–S6458 document production and testimony by, and rep- Measures Introduced: Five bills and six resolutions resentation of, the Select Committee on Intelligence. were introduced, as follows: S. 3660–3664, S. Res. Page S6457 596–600, and S. Con. Res. 69. Page S6397 Measures Considered: Measures Reported: Small Business Lending Fund Act—Agreement: S. 3267, to improve the provision of assistance to Senate continued consideration of H.R. 5297, to cre- fire departments, with an amendment in the nature ate the Small Business Lending Fund Program to di- of a substitute. (S. Rept. No. 111–235) rect the Secretary of the Treasury to make capital in- S. 3516, to amend the Outer Continental Shelf Lands Act to reform the management of energy and vestments in eligible institutions in order to increase mineral resources on the Outer Continental Shelf, the availability of credit for small businesses, to with amendments. (S. Rept. No. 111–236) amend the Internal Revenue Code of 1986 to pro- H.R. 5278, to designate the facility of the United vide tax incentives for small business job creation, States Postal Service located at 405 West Second taking action on the following amendments and mo- Street in Dixon, Illinois, as the ‘‘President Ronald tion proposed thereto: Pages S6351–86 W. Reagan Post Office Building’’. Pending: H.R. 5395, to designate the facility of the United Reid (for Baucus/Landrieu) Amendment No. States Postal Service located at 151 North Maitland 4519, in the nature of a substitute. Page S6351 Avenue in Maitland, Florida, as the ‘‘Paula Hawkins Reid Amendment No. 4520 (to Amendment No. Post Office Building’’. 4519), to change the enactment date. Page S6351 S. 3567, to designate the facility of the United Reid Amendment No. 4521 (to Amendment No. States Postal Service located at 100 Broadway in 4520), of a perfecting nature. Page S6351 Lynbrook, New York, as the ‘‘Navy Corpsman Jef- Reid Amendment No. 4522 (to the language pro- frey L. Wiener Post Office Building’’. Page S6397 posed to be stricken by Amendment No. 4519), to Measures Passed: change the enactment date. Page S6351 National Child Awareness Month: Senate agreed Reid Amendment No. 4523 (to Amendment No. to S. Res. 598, designating September 2010 as ‘‘Na- 4522), of a perfecting nature. Page S6351 tional Child Awareness Month’’ to promote aware- Reid motion to commit the bill to the Committee ness of charities benefitting children and youth-serv- on Finance with instructions, Reid Amendment No. ing organizations throughout the United States and 4524 (the instructions on the motion to commit), to recognizing efforts made by these charities and orga- provide for a study. Page S6351 nizations on behalf of children and youth as critical Reid Amendment No. 4525 (to the instructions contributions to the future of the Nation. Page S6456 (Amendment No. 4524) of the motion to commit), National Airborne Day: Senate agreed to S. Res. of a perfecting nature. Page S6351 599, designating August 16, 2010, as ‘‘National Reid Amendment No. 4526 (to Amendment No. Airborne Day’’. Pages S6456–57 4525), of a perfecting nature. Page S6351 D861

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A unanimous-consent-time agreement was reached Notices of Hearings/Meetings: Page S6455 providing for further consideration of the bill at ap- Authorities for Committees to Meet: proximately 9:30 a.m., on Thursday, July 29, 2010, Pages S6455–56 with one hour for debate prior to the cloture vote, with the time equally divided and controlled be- Privileges of the Floor: Page S6456 tween the two Leaders, or their designees; and with Adjournment: Senate convened at 9:30 a.m. and Senators permitted to speak therein for up to 10 adjourned at 7:02 p.m., until 9:30 a.m. on Thurs- minutes each, with the final 10 minutes reserved for day, July 29, 2010. (For Senate’s program, see the the two Leaders, or their designees, with the Major- remarks of the Acting Majority Leader in today’s ity Leader controlling the final 5 minutes; provided Record on page S6458.) further, that the filing deadline for second-degree amendments be 10 a.m., on Thursday, July 29, Committee Meetings 2010. Pages S6457–58 House Messages: (Committees not listed did not meet) Cell Phone Contraband Act: Senate concurred in BUSINESS MEETING the amendment of the House of Representatives to S. 1749, to amend title 18, United States Code, to Committee on Armed Services: Committee announced prohibit the possession or use of cell phones and the following subcommittee assignments: similar wireless devices by Federal prisoners. Subcommittee on Airland: Senators Lieberman Page S6456 (Chair), Bayh, Webb, McCaskill, Hagan, Begich, Burris, Kaufman, Thune, Inhofe, Sessions, Nominations Received: Senate received the fol- Chambliss, Brown (MA), and Burr. lowing nominations: Subcommittee on Emerging Threats and Capabilities: Maria Elizabeth Raffinan, of the District of Co- Senators Nelson (FL) (Chair), Reed, Nelson (NE), lumbia, to be an Associate Judge of the Superior Bayh, Udall (CO), Bingaman, Kaufman, Goodwin, Court of the District of Columbia for the term of fif- LeMieux, Graham, Wicker, Brown (MA), Burr, and teen years. Collins. Marina Garcia Marmolejo, of Texas, to be United Subcommittee on Personnel: Senators Webb (Chair), States District Judge for the Southern District of Lieberman, Akaka, Nelson (NE), McCaskill, Hagan, Texas. Begich, Burris, Bingaman, Graham, Chambliss, M. Scott Bowen, of Michigan, to be United States Thune, Wicker, LeMieux, Vitter, and Collins. Attorney for the Western District of Michigan for Subcommittee on Readiness and Management Support: the term of four years. Senators Bayh (Chair), Akaka, McCaskill, Udall Ripley Rand, of North Carolina, to be United (CO), Burris, Goodwin, Burr, Inhofe, Chambliss, and States Attorney for the Middle District of North Thune. Carolina for the term of four years. Subcommittee on Seapower: Senators Reed (Chair), Beverly Joyce Harvard, of Georgia, to be United Lieberman, Akaka, Nelson (FL), Webb, Hagan, States Marshal for the Northern District of Georgia Kaufman, Wicker, Sessions, LeMieux, Vitter, and for the term of four years. Collins. David Mark Singer, of California, to be United Subcommittee on Strategic Forces: Senators Nelson States Marshal for the Central District of California (NE) (Chair), Reed, Nelson (FL), Udall (CO), for the term of four years. Page S6458 Begich, Bingaman, Goodwin, Vitter, Sessions, Messages from the House: Pages S6395–96 Inhofe, Graham, and Brown (MA). Measures Referred: Page S6396 Senators Levin and McCain are ex-officio members of the subcommittees. Measures Placed on the Calendar: Page S6396 Measures Read the First Time: Page S6396 BUSINESS MEETING Executive Communications: Page S6396 Committee on Banking, Housing, and Urban Affairs: Committee ordered favorably reported the nomina- Executive Reports of Committees: Page S6397 tions of Janet L. Yellen, of California, to be Vice Additional Cosponsors: Pages S6397–98 Chairman of the Board of Governors of the Federal Statements on Introduced Bills/Resolutions: Reserve System, Peter A. Diamond, of Massachu- Pages S6398–S6443 setts, Sarah Bloom Raskin, of Maryland, all to be a Member of the Board of Governors of the Federal Additional Statements: Pages S6392–95 Reserve System, Osvaldo Luis Grataco´s Munet, of Amendments Submitted: Pages S6443–55 Puerto Rico, to be Inspector General, Export-Import

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Dougherty, Director, Of- oping meaningful performance metrics for homeland fice of Ground Water and Drinking Water, Office of security preparedness grants, with an amendment in Water, Environmental Protection Agency; Benjamin the nature of a substitute; H. Grumbles, Arizona Department of Environmental H.R. 1517, to allow certain U.S. Customs and Quality, Phoenix; Paul Orum, Blue Green Chemical Border Protection employees who serve under an Security Coalition, and Darius D. Sivin, Inter- overseas limited appointment for at least 2 years, and national Union, United Automobile, Aerospace & whose service is rated fully successful or higher Agricultural Implement Workers of America throughout that time, to be converted to a perma- (UAW), both of Washington, D.C.; and Carlos nent appointment in the competitive service, with an Perea, MIOX Corporation, Albuquerque, New Mex- amendment in the nature of a substitute; ico. S. 3650, to amend chapter 21 of title 5, United NOMINATIONS States Code, to provide that fathers of certain perma- Committee on Foreign Relations: Committee concluded nently disabled or deceased veterans shall be in- a hearing to examine the nominations of Terence cluded with mothers of such veterans as preference Patrick McCulley, of Oregon, to be Ambassador to eligibles for treatment in the civil service; the Federal Republic of Nigeria, Michele Thoren S. 3567, to designate the facility of the United Bond, of the District of Columbia, to be Ambassador States Postal Service located at 100 Broadway in to the Kingdom of Lesotho, and Robert Porter Jack- Lynbrook, New York, as the ‘‘Navy Corpsman Jef- son, of Virginia, to be Ambassador to the Republic frey L. Wiener Post Office Building’’; of Cameroon, all of the Department of State, after H.R. 5278, to designate the facility of the United the nominees testified and answered questions in States Postal Service located at 405 West Second their own behalf. Street in Dixon, Illinois, as the ‘‘President Ronald W. Reagan Post Office Building’’; and BUSINESS MEETING H.R. 5395, to designate the facility of the United Committee on Homeland Security and Governmental Af- States Postal Service located at 151 North Maitland fairs: Committee ordered favorably reported the fol- Avenue in Maitland, Florida, as the ‘‘Paula Hawkins lowing bills: Post Office Building’’. H.R. 2868, to amend the Homeland Security Act of 2002 to enhance security and protect against acts FLOOD PREPAREDNESS AND MITIGATION of terrorism against chemical facilities, to amend the Committee on Homeland Security and Governmental Af- Safe Drinking Water Act to enhance the security of fairs: Ad Hoc Subcommittee on Disaster Recovery public water systems, and to amend the Federal and the Ad Hoc Subcommittee on State, Local, and Water Pollution Control Act to enhance the security Private Sector Preparedness and Integration con- of wastewater treatment works, with an amendment cluded a hearing to examine flood preparedness and in the nature of a substitute; mitigation, focusing on map modernization, levee in- S. 3335, to require Congress to establish a unified spection, and levee repairs, after receiving testimony and searchable database on a public Web site for from Jo-Ellen Darcy, Assistant Secretary of the Army congressional earmarks as called for by the President for Civil Works, Army Corps of Engineers, Depart- in his 2010 State of the Union Address to Congress, ment of Defense; Sandra K. Knight, Deputy Admin- with an amendment in the nature of a substitute; istrator, Mitigation at the Federal Insurance and S. 2991, to amend title 31, United States Code, Mitigation Administration, Federal Emergency Man- to enhance the oversight authorities of the Comp- agement Agency, Department of Homeland Security; troller General, with an amendment in the nature of Montana House Representative Robert Melhoff, a substitute; Great Falls; David Maidment, University of Texas at S. 3243, to require U.S. Customs and Border Pro- Austin Center for Research in Water Resources; Sam tection to administer polygraph examinations to all Riley Medlock, Association of State Floodplain Man- applicants for law enforcement positions with U.S. agers, Madison, Wisconsin; Robert G. Rash, St. Customs and Border Protection, to require U.S. Cus- Francis Levee District of Arkansas, West Memphis;

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and Joseph N. Suhayda, Louisiana State University ert Leon Wilkins, of the District of Columbia, to be Hurricane Center, Baton Rouge. a United States District Judge for the District of Co- FEDERAL BUREAU OF INVESTIGATION lumbia, who was introduced by Representative Nor- OVERSIGHT ton, after the nominees testified and answered questions in their own behalf. Committee on the Judiciary: Committee concluded an oversight hearing to examine the Federal Bureau of FILIBUSTER Investigation, after receiving testimony from Robert S. Mueller III, Director, Federal Bureau of Investiga- Committee on Rules and Administration: Committee tion, Department of Justice. concluded a hearing to examine the filibuster, focusing on legislative proposals to change Senate proce- NOMINATIONS dures, including S. Res. 465, to permit the Senate Committee on the Judiciary: Committee concluded a to avoid unnecessary delay and vote on matters for hearing to examine the nominations of Kathleen M. which floor debate has ceased, and S. Res. 440, im- O’Malley, of Ohio, to be United States Circuit Judge proving the Senate cloture process, after receiving for the Federal Circuit, who was introduced by Sen- testimony from Senators Lautenberg and Bennet; ator Brown (OH), Beryl Alaine Howell, of the Dis- Elizabeth Rybicki, Congressional Research Service, trict of Columbia, to be United States District Judge Library of Congress; Gregory Koger, University of for the District of Columbia, who was introduced by Miami, Coral Gables, Florida; and Barbara Sinclair, Senator Leahy and Representative Norton, and Rob- University of California, Los Angeles. h House of Representatives H. Res. 1569, providing for consideration of the Chamber Action bill (H.R. 5850) making appropriations for the De- Public Bills and Resolutions Introduced: 27 pub- partments of Transportation, and Housing and lic bills, H.R. 5890–5916; and 4 resolutions, H. Urban Development, and related agencies for the fis- Con. Res. 306; and H. Res. 1565–1567, were intro- cal year ending September 30, 2011 (H. Rept. duced. Pages H6282–83 111–578). Page H6282 Additional Cosponsors: Pages H6283–84 Speaker: Read a letter from the Speaker wherein she Reports Filed: Reports were filed today as follows: appointed Representative Pastor to act as Speaker H.R. 4692, to require the President to prepare a pro tempore for today. Page H6165 quadrennial National Manufacturing Strategy, with Chaplain: The prayer was offered by the guest chap- an amendment (H. Rept. 111–574, Pt. 1); lain, Pastor Shawn Black, Calvary Chapel, Costa H.R. 3534, to provide greater efficiencies, trans- Mesa, California. Page H6165 parency, returns, and accountability in the administration of Federal mineral and energy resources by Suspensions: The House agreed to suspend the rules consolidating administration of various Federal en- and pass the following measures: ergy minerals management and leasing programs National Manufacturing Strategy Act of 2010: into one entity to be known as the Office of Federal H.R. 4692, amended, to require the President to Energy and Minerals Leasing of the Department of prepare a quadrennial National Manufacturing Strat- the Interior, with an amendment (H. Rept. egy, by a 2⁄3 yea-and-nay vote of 379 yeas to 38 111–575, Pt. 1); nays, Roll No. 477; Pages H6169–79, H6214–15 H.R. 5781, to authorize the programs of the Na- Clean Energy Technology Manufacturing and tional Aeronautics and Space Administration, with Export Assistance Act of 2010: H.R. 5156, amend- an amendment (H. Rept. 111–576); ed, to provide for the establishment of a Clean En- H. Res. 1568, providing for consideration of the ergy Technology Manufacturing and Export Assist- bill (H.R. 5893) to amend the Internal Revenue ance Fund to assist United States businesses with ex- Code of 1986 to create jobs through increased in- porting clean energy technology products and serv- vestment in infrastructure and to eliminate loopholes which encourage companies to move operations offices; Pages H6179–83 shore (H. Rept. 111–577); and

VerDate Mar 15 2010 06:54 Jul 29, 2010 Jkt 089060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D28JY0.REC D28JYPT1 pwalker on DSK8KYBLC1PROD with DIGEST July 28, 2010 CONGRESSIONAL RECORD — DAILY DIGEST D865 End the Trade Deficit Act: H.R. 1875, amended, United States Patent and Trademark Office to establish an Emergency Commission to End the Supplemental Appropriations Act, 2010: H.R. Trade Deficit; Pages H6183–89 5874, making supplemental appropriations for the Agreed to amend the title so as to read: ‘‘To es- United States Patent and Trademark Office for the tablish the Emergency Trade Deficit Commission.’’. fiscal year ending September 30, 2010; Page H6189 Pages H6251–53 Supporting the goals and ideals of ‘‘National Emergency Border Security Supplemental Appro- Save for Retirement Week’’: H. Res. 1481, to sup- priations Act, 2010: H.R. 5875, making emergency port the goals and ideals of ‘‘National Save for Re- supplemental appropriations for border security for tirement Week’’, including raising public awareness the fiscal year ending September 30, 2010; of the various tax-preferred retirement vehicles and Pages H6253–57 increasing personal financial literacy; Pages H6189–90 Independent Living Centers Technical Adjust- Residential Carbon Monoxide Poisoning Preven- ment Act: Concurred in the Senate amendment to tion Act: H.R. 1796, amended, to amend the Con- H.R. 5610, to provide a technical adjustment with sumer Product Safety Act to require residential car- respect to funding for independent living centers bon monoxide detectors to meet the applicable under the Rehabilitation Act of 1973 in order to en- ANSI/UL standard by treating that standard as a sure stability for such centers; Pages H6257–58 consumer product safety rule and to encourage States Benton MacKaye Cherokee National Forest to require the installation of such detectors in Land Consolidation Act: H.R. 4658, amended, to homes; Pages H6190–92 authorize the conveyance of a small parcel of Na- Honoring the achievements of Dr. Robert M. tional Forest System land in the Cherokee National Campbell, Jr., to provide children with lifesaving Forest and to authorize the Secretary of Agriculture medical care: H. Res. 1499, amended, to honor the to use the proceeds from that conveyance to acquire achievements of Dr. Robert M. Campbell, Jr., to a parcel of land for inclusion in that national forest; provide children with lifesaving medical care; and Pages H6259–60 Pages H9192–94 Directing the Secretary of Agriculture to convey Truth in Fur Labeling Act: H.R. 2480, amend- certain Federally owned land located in Story ed, to improve the accuracy of fur product labeling; County, Iowa: H.R. 5669, amended, to direct the Pages H6194–96 Secretary of Agriculture to convey certain Federally owned land located in Story County, Iowa. Fair Sentencing Act of 2010: S. 1789, to restore fairness to Federal cocaine sentencing; Pages H6260–61 Pages H6196–H6204 Suspension—Proceedings Resumed: The House agreed to suspend the rules and agree to the fol- Fee on Lobbyists Act: H.R. 5751, amended, to lowing measure which was debated on Monday, July amend the Lobbying Disclosure Act of 1995 to re- 26th: quire registrants to pay an annual fee of $50, to impose a penalty of $500 for failure to file timely re- Honoring the educational significance of Dr. ports required by that Act, and to provide for the Jane Goodall’s work: H. Res. 1543, to honor the use of the funds from such fees and penalties for re- educational significance of Dr. Jane Goodall’s work viewing and auditing filings by registrants; on this the 50th anniversary of the beginning of her 2 Pages H6204–06 work in Tanzania, Africa, by a ⁄3 yea-and-nay vote Agreed to amend the title so as to read: ‘‘To proof 416 yeas with none voting ‘‘nay’’, Roll No. 478. vide for the establishment of a task force that will Page H6215 be responsible for investigating cases referred to the Suspension—Proceedings Resumed: The House Attorney General under the Lobbying Disclosure Act agreed to suspend the rules and pass the following of 1995, and for other purposes.’’. Page H6206 measure which was debated on Tuesday, July 27th: General and Special Risk Insurance Funds Protecting Gun Owners in Bankruptcy Act of Availability Act of 2010: H.R. 5872, amended, to 2010: H.R. 5827, amended, to amend title 11 of the provide adequate commitment authority for fiscal United States Code to include firearms in the types year 2010 for guaranteed loans that are obligations of property allowable under the alternative provision of the General and Special Risk Insurance Funds of for exempting property from the estate, by a 2⁄3 yea- the Department of Housing and Urban Develop- and-nay vote of 307 yeas to 113 nays, Roll No. 479. ment; Pages H6249–51 Pages H6215–16

VerDate Mar 15 2010 06:54 Jul 29, 2010 Jkt 089060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D28JY0.REC D28JYPT1 pwalker on DSK8KYBLC1PROD with DIGEST D866 CONGRESSIONAL RECORD — DAILY DIGEST July 28, 2010 Military Construction and Veterans’ Affairs and re-label prescription drugs used in VA hospitals to Related Agencies Appropriations Act, 2011: The be sent home with discharged patients for outpatient House passed H.R. 5822, making appropriations for use. Currently, veterans often have to go right to the military construction, the Department of Veterans pharmacy to refill what was discarded; Page H6245 Affairs, and related agencies for the fiscal year end- Peters amendment (No. 13 printed in H. Rept. ing September 30, 2011, by a yea-and-nay vote of 111–570) that decreases the Veteran’s Administra- 411 yeas to 6 nays, Roll No. 482. Pages H6216–49 tion General Operating Expense account by Agreed to: $150,000, then increases it by $150,000, for the Holt amendment (No. 1 printed in H. Rept. purpose of directing the VA to create a program to 111–570) that instructs the Secretary of Veterans Af- review all contracts after every 90-day period of inac- fairs to set aside at least $20 million for suicide out- tivity to determine if the funds obligated for the reach prevention via direct advertising and the use contract could be deobligated and returned to the of online social media; Pages H6235–36 account from which the funds were obligated to be Buyer amendment (No. 2 printed in H. Rept. put to better use; and Page H6245 111–570) that provides $10 million to fund addi- Gingrey amendment (No. 9 printed in H. Rept. tional professional level VA Vocational Rehabilita- 111–570) that prohibits any funds appropriated or tion and Employment counselors; Page H6236 otherwise made available to the Department of De- Buyer amendment (No. 3 printed in H. Rept. fense under this Act to be used to renovate or con- 111–570), as modified, that provides $162,734,000 struct any facility within the Continental United of the amounts appropriated for Department of Vet- States for the purpose of housing any individual who erans Affairs (VA) Minor Construction for renewable has been detained, at any time after September 11, energy projects at VA medical facility campuses; 2001, at United States Naval Station, Guantanamo Pages H6236–37 Bay, Cuba (by a recorded vote of 353 ayes to 69 Buyer amendment (No. 4 printed in H. Rept. noes, Roll No. 480). Pages H6242–43, H6247–48 111–570) that provides $10 million to fund the sec- Rejected: ond year of the VA–US Paralympics Adaptive Sports Garrett amendment (No. 14 printed in H. Rept. Program for disabled veterans; Pages H6237–38 111–570) that sought to increase funding for the Cuellar amendment (No. 5 printed in H. Rept. Grants for Construction of State Veterans Cemeteries 111–570) that prohibits first class travel under this account by $7,000,000 and decrease funding for the Act; Page H6238 Grants for Construction, Minor Projects account by Hill amendment (No. 7 printed in H. Rept. $7,000,000 (by a recorded vote of 128 ayes to 296 111–570) that decreases the Veteran’s Administra- noes, Roll No. 481). Pages H6245–47, H6248 tion General Operating Expense account by Withdrawn: $100,000, then increases it by $100,000, for the Flake amendment (No. 6 printed in H. Rept. purpose of directing the VA to examine its practices 111–570) that was offered and subsequently within how it accounts for returned Post-9/11 GI Benefit drawn that would have prohibited funding for all of payments from either a veteran or an institute of the member-requested earmarks for military con- higher learning, and for the purpose of directing the struction projects; and Pages H6238–41 VA to issue a report to Congress no later than Janu- Bilirakis amendment (No. 11 printed in H. Rept. ary 1, 2011, on any changes made or planned to be 111–570) that was offered and subsequently with- made to increase efficiency and timeliness of ac- drawn that would have required the Veterans Ad- counting for returned payments; Page H6241 ministration to acquire and construct up to four Gingrey amendment (No. 8 printed in H. Rept. long-term care residential brain injury medical facili- 111–570) that prohibits funds under the Act from ties. Pages H6243–45 being used to exercise the power of eminent domain H. Res. 1559, the rule providing for consideration without payment of just compensation; of the bill, was agreed to by a yea-and-nay vote of Pages H6241–42 243 yeas to 178 nays, Roll No. 476, after the pre- Halvorson amendment (No. 10 printed in H. vious question was ordered without objection. Rept. 111–570) that subtracts $10,000,000 from Pages H6206–14 General Operating Expenses and adds $10,000,000 A point of order was raised against the consider- to Major Construction Projects; Page H6243 ation of H. Res. 1559 and it was agreed to proceed Peters amendment (No. 12 printed in H. Rept. with consideration of the resolution by voice vote. 111–570) that decreases the Veteran’s Administra- Pages H6206–08 tion General Operating Expense account by $50,000, Suspension—Proceedings Postponed: The House then increases it by $50,000, for the purpose of di- debated the following measure under suspension of recting the VA to implement a program that would the rules. Further proceedings were postponed:

VerDate Mar 15 2010 06:54 Jul 29, 2010 Jkt 089060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D28JY0.REC D28JYPT1 pwalker on DSK8KYBLC1PROD with DIGEST July 28, 2010 CONGRESSIONAL RECORD — DAILY DIGEST D867 Expressing the sense of the House of Representa- ENLISTED PROFESSIONAL MILITARY tives that fruit and vegetable and commodity pro- EDUCATION PROGRAMS ducers are encouraged to display the American flag Committee on Armed Services: Subcommittee on Over- on labels of products grown in the United States: sight and Investigations held a hearing on Trans- H. Res. 1558, to express the sense of the House of formation in Progress: The Services’ Enlisted Profes- Representatives that fruit and vegetable and com- sional Military Education Programs. Testimony was modity producers are encouraged to display the heard from the following officials of the Department American flag on labels of products grown in the of Defense: COL James J. Minick, USMC, Director, United States, reminding us all to take pride in the Enlisted PME, Marine Corps University, USMC; healthy bounty produced by American farmers and John Sparks, Director, Institute for NCO Profes- workers. Pages H6258–59 sional Development, Training and Doctrine Com- Senate Message: Message received from the Senate mand, U.S. Army; Scott Lutterloh, Director, Total today appears on page H6165. Force Requirements Division, U.S. Navy; and Dan Quorum Calls—Votes: Five yea-and-nay votes and Sitterly, Director, Force Development, Deputy Chief two recorded votes developed during the proceedings of Staff, Manpower and Personnel, U.S. Air Force. of today and appear on pages H6213–14, SURFACE FLEET READINESS H6214–15, H6215, H6215–16, H6247–48, H6248, and H6248–49. There were no quorum calls. Committee on Armed Services: Subcommittee on Readi- ness and the Subcommittee on Seapower and Expedi- Adjournment: The House met at 10 a.m. and ad- tionary Forces held a joint hearing on surface fleet journed at 11:56 p.m. readiness. Testimony was heard from the following officials of the Department of the Navy: ADM John Committee Meetings Harvey, USN, Commander, Fleet Forces Command; VADM Kevin McCoy, USN, Commander, Naval Sea MISCELLANEOUS MEASURES Systems Command; and VADM William Burke, Committee on Agriculture: USN, Deputy Chief of Naval Operations, Fleet Ordered reported the fol- Readiness and Logistics (N4). lowing bills: H.R. 5509, amended, Chesapeake Bay Program Reauthorization and Improvement Act; HARNESSING SMALL BUSINESS FOR H.R. 3519, amended, Veterinarian Services Invest- NATIONAL SECURITY CYBER NEEDS ment Act; and H.R. 5852, Mandatory Price Report- Committee on Armed Services: Subcommittee on Ter- ing Act of 2010. rorism, Unconventional Threats and Capabilities SUPPLEMENTAL NUTRITION ASSISTANCE held a hearing on harnessing small business innova- PROGRAM QUALITY CONTROL tion for national security cyber needs. Testimony was heard from public witnesses. Committee on Agriculture: Subcommittee on Depart- ment of Operations, Oversight, Nutrition and For- MISCELLANEOUS MEASURES estry held a hearing to review quality control sys- Committee on Energy and Commerce: Ordered reported tems in the Supplemental Nutrition Assistance Pro- the following bills: H.R. 903, amended, Dental gram. Testimony was heard from the following offi- Emergency Responder Act; H.R. 1745, amended, cials of the USDA: Julie Paradis, Administrator, Family Health Care Accessibility Act; H.R. 3199, Food and Nutrition Service; Phyllis K. Fong, Inspec- amended, Emergency Medic Transition (EMT) Act; tor General; Kay E. Brown, Director, Education, H.R. 5710, amended, National All Schedules Pre- Workforce, and Income Security Issues, GAO; and scription Electronic Reporting Reauthorization Act public witnesses. of 2010; H.R. 5756, amended, Training and Re- search for Autism Improvements Nationwide Act of STATE, FOREIGN OPERATIONS, AND 2010; H.R. 5809, amended, Safe Drug Disposal Act RELATED PROGRAMS APPROPRIATIONS of 2010; H.R. 2923, Combat Methamphetamine En- Committee on Appropriations, Subcommittee on State, hancement Act of 2009; and H.R. 3470, amended, Foreign Operations, and Related Programs held an Nationally Enhancing the Well-being of Babies oversight hearing on U.S. Civilian Assistance for Af- through Outreach and Research Now Act. ghanistan. Testimony was heard from the Depart- ment of State: Richard Holbrooke, Special Rep- MISCELLANEOUS MEASURES resentative for Afghanistan and Pakistan; and Rajiv Committee on Financial Services: Ordered reported, as Shah, Administrator, U.S. Agency for International amended, the following bills: H.R. 3421, Medical Development. Debt Relief Act of 2009; and H.R. 5823, United

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Azerbaijan; and a public witness. 5605, To designate the facility of the United States SURFACE TRANSPORTATION SECURITY Postal Service located at 47 East Fayette Street in INSPECTORS MANAGEMENT Uniontown, Pennsylvania, as the ‘‘George C. Mar- shall Post Office’’; H.R. 5606, To designate the fa- Committee on Homeland Security: Subcommittee on cility of the United States Postal Service located at Transportation Security and Infrastructure Protection 47 South 7th Street in Indiana, Pennsylvania, as the held a hearing entitled ‘‘Lost in the Shuffle: Exam- ‘‘Jimmy M. ‘Jimmy’ Stewart Post Office Building’’; ining TSA’s Management of Surface Transportation H.R. 5655, To designate the Little River Branch fa- Security Inspectors.’’ Testimony was heard from the cility of the United States Postal Service located at following officials of the Department of Homeland 240 NE 84th Street in Miami, Florida, as the ‘‘Jesse Security: Lee R. Kair, Assistant Administrator, Secu- J. McCrary, Jr. Post Office’’; H.R. 5758, To des- rity Operations, Transportation Security Administra- ignate the facility of the United States Postal Service tion; and Carlton I. Mann, Assistant Inspector Gen- located at 2 Government Center in Fall River, Mas- eral; and public witnesses. sachusetts, as the ‘‘Sergeant Robert Barrett Post Of- ONLINE PRIVACY/SOCIAL NETWORKING/ fice Building’’; H. Res. 1479, Supporting the United CRIME VICTIMIZATION States Paralympics, honoring the Paralympic athletes; H. Res. 1527, Congratulating the United Committee on the Judiciary: Subcommittee on Crime, States Men’s Soccer Team for its inspiring perform- Terrorism and Homeland Security held a hearing on ance in the 2010 FIFA World Cup; and H.R. 5873, Online Privacy, Social Networking, and Crime Vic- To designate the facility of the United States Postal timization. Testimony was heard from Gordon M. Service located at 218 North Milwaukee Street in Snow, Assistant Director, FBI, Department of Jus- Waterford, Wisconsin, as the ‘‘Captain Rhett W. tice; Michael P. Merritt, Assistant Director, U.S. Se- Schiller Post Office.’’ cret Service, Department of Homeland Security; and public witnesses. USDA BIOTECH POLICY MISCELLANEOUS MEASURES Committee on Oversight and Government Reform: Sub- committee on Domestic Policy held a hearing enti- Committee on Natural Resources: Held a hearing on the tled ‘‘Are Superweeds an Outgrowth of USDA following bills: H.R. 5023, Requirements, Expecta- Biotech Policy?’’ Testimony was heard from public tions, and Standard Procedures for Executive Con- witnesses. sultation with Tribes Act; H.R. 4384, To establish the Utah Navajo Trust Fund Commission; and H.R. NATIONAL SECURITY INTERAGENCY 5468, Bridgeport Indian Colony Land Trust, Health, COLLABORATION and Economic Development Act of 2010. Testimony Committee on Oversight and Government Reform: Sub- was heard from Representatives Matheson and committee on National Security and Foreign Affairs McKeon; Paul Tsosie, Chief of Staff, Office of the held a hearing entitled ‘‘National Security, Inter- Assistant Secretary, Indian Affairs, Department of agency Collaboration, and Lessons from the Interior; and public witnesses. SOUTHCOM and AFRICOM.’’ Testimony was heard from John Pendleton, Director, Defense Capa- MISCELLANEOUS MEASURES bilities and Management Team, GAO; James Schear, Committee on Oversight and Government Reform: Ordered Deputy Assistant Secretary, Partnership Strategy and reported the following: H.R. 5815, as amended, In- Stability Operations, Department of Defense; and the spector General Authority Improvement Act of following officials of the Department of State: 2010; H.R. 2853, amended, All-American Flag Act; Thomas Countryman, Principal Deputy Assistant H.R. 5637, amended, American Jobs Matter Act of Secretary, Political-Military Affairs; and Susan 2010; S. 2868, amended; Federal Supply Schedules Reichle, Senior Deputy Assistant Administrator, De- Usage Act of 2009; and H.R. 5366, Overseas Con- mocracy, Conflict, and Humanitarian Assistance, tractor Reform Act. U.S. Agency for International Development.

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INVESTING IN AMERICAN JOBS AND House en gros and without division of the question. CLOSING TAX LOOPHOLES ACT OF 2010 The rule provides one motion to recommit with or Committee on Rules: Granted, by a record vote of 6–3, without instructions. a closed rule providing for consideration of H.R. The rule provides that after disposition of the 5893, the ‘‘Investing in American Jobs and Closing amendments specified in the first section of the rule, Tax Loopholes Act of 2010.’’ The rule provides one the chair and ranking minority member of the Com- hour of debate equally divided and controlled by the mittee on Appropriations or their designees each chair and ranking minority member of the Com- may offer one pro forma amendment to the bill for mittee on Ways and Means. The rule waives all the purpose of debate, which shall be controlled by points of order against consideration of the bill ex- the proponent. The rule provides that the Chair may cept those arising under clause 9 or 10 of rule XXI. entertain a motion that the Committee rise only if The rule provides that the bill shall be considered offered by the chair of the Committee on Appropria- as read. The rule waives all points of order against tions or his designee. Finally, the rule provides that the bill. The rule provides one motion to recommit the Chair may not entertain a motion to strike out with or without instructions. the enacting words of the bill. Testimony was heard Finally, the rule waives clause 6(a) of rule XIII by Representatives Olver, Cardoza, Peters, Latham, (requiring a two-thirds vote to consider a rule on the Culberson, Sessions, Turner, Jordan, Roe (TN), and same day it is reported from the Rules Committee) Thompson (PA). against any resolution reported from the Rules Com- mittee through the calendar day of Sunday, August NUCLEAR ENERGY RESEARCH 1, 2010. Testimony was heard by Chairman Levin. DEVELOPMENT TRANSPORTATION, HOUSING AND Committee on Science and Technology: Subcommittee on URBAN DEVELOPMENT, AND RELATED Energy and Environment approved for full Com- AGENCIES APPROPRIATIONS ACT, 2011 mittee action, as amended, H.R. 5866, Nuclear En- ergy Research and Development Act of 2010. Committee on Rules: Granted, by a record vote of 7–3, a structured rule providing for consideration of H.R. SBA OVERSIGHT 5850, the ‘‘Transportation, Housing and Urban De- Committee on Small Business: Held a hearing entitled velopment, and Related Agencies Appropriations ‘‘Oversight of the Small Business Administration and Act, 2011.’’ The rule provides one hour of debate Its Programs.’’ Testimony was heard from Karen equally divided and controlled by the chair and Mills, Administrator, SBA; and Gregory Kutz, Man- ranking minority member of the Committee on Ap- aging Director, Forensics Audits and Special Inves- propriations. The rule waives all points of order tigations, GAO. against consideration of the bill except those arising under clause 9 or 10 of rule XXI. The rule provides VA COST CONTROLS that the bill shall be considered as read through page 171, line 17. The rule waives points of order Committee on Veterans’ Affairs: Continued oversight against provisions in the bill for failure to comply hearings of Inadequate Cost Control at the U.S. De- with clause 2 of rule XXI. partment of Veterans Affairs. Testimony was heard The rule makes in order the following amend- from Susan Ragland, Director, Financial Manage- ments: (1) the amendments printed in part A of the ment and Assurance, GAO; Edward Murray, Deputy report of the Committee on Rules; and (2) not to ex- Assistant Secretary, Finance, Department of Veterans ceed four of the amendments printed in part B of Affairs. the report if offered by Representative Flake of Ari- BRIEFING—DIVERSITY PRACTICES zona or his designee. The rule provides that each such amendment may be offered only in the order Permanent Select Committee on Intelligence: Met in execu- printed in the report, may be offered only by a tive session to receive a briefing on Diversity Prac- Member designated in the report, shall be considered tices. The Committee was briefed by departmental as read, shall be debatable for 10 minutes equally di- witnesses. vided and controlled by the proponent and an opponent, and shall not be subject to a demand for divi- BRIEFING—SOMALIA sion of the question. All points of order against the Permanent Select Committee on Intelligence: Sub- amendments except for clauses 9 and 10 of rule XXI committee on Terrorism, Human Intelligence, Anal- are waived. The rule provides that for those amend- ysis, and Counterintelligence met in executive ses- ments reported from the Committee of the Whole, sion to receive a briefing on Somalia. The Sub- the question of their adoption shall be put to the committee was briefed by departmental witnesses.

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Murguia, of Arizona, to be United States Circuit Judge Joint Meetings for the Ninth Circuit, Edmond E-Min Chang, to be No joint committee meetings were held. United States District Judge for the Northern District of Illinois, Leslie E. Kobayashi, to be United States District f Judge for the District of Hawaii, Denise Jefferson Casper, COMMITTEE MEETINGS FOR THURSDAY, to be United States District Judge for the District of Massachusetts, Carlton W. Reeves, to be United States JULY 29, 2010 District Judge for the Southern District of Mississippi, (Committee meetings are open unless otherwise indicated) and John F. Walsh, to be United States Attorney for the District of Colorado, John William Vaudreuil, to be Senate United States Attorney for the Western District of Wis- Committee on Appropriations: Business meeting to mark consin, William J. Ihlenfeld II, to be United States At- up proposed budget estimates for fiscal year 2011 for torney for the Northern District of West Virginia, Mark State, Foreign Operations, and Related Programs, Depart- Lloyd Ericks, to be United States Marshal for the West- ment of Labor, Health and Human Services, and Edu- ern District of Washington, Joseph Patrick Faughnan, Sr., cation, and Related Agencies, and Financial Services and to be United States Marshal for the District of Con- General Government, 2:30 p.m., SD–106. necticut, Harold Michael Oglesby, to be United States Committee on Armed Services: To hold hearings to exam- Marshal for the Western District of Arkansas, and Conrad ine the new START, 9:30 a.m., SD–G50. Ernest Candelaria, to be United States Marshal for the Full Committee, to receive a briefing on Department District of New Mexico, all of the Department of Justice, of Defense strategic force structure options under the 10 a.m., SD–226. New START, 3 p.m., SVC–217. Subcommittee on Terrorism and Homeland Security, to Committee on Finance: To hold hearings to examine the hold hearings to examine the passport issuance process, nominations of Michael C. Camun˜ez, of California, to be focusing on closing the door to fraud, part II, 2:30 p.m., Assistant Secretary of Commerce, and Charles P. Blahous SD–226. III, of Maryland, and Robert D. Reischauer, of Maryland, Select Committee on Intelligence: Closed business meeting both to be a Member of the Board of Trustees of the Fed- to consider pending calendar business, 2 p.m., SH–219. eral Hospital Insurance Trust Fund, a Member of the Board of Trustees of the Federal Supplementary Medical House Insurance Trust Fund, and a Member of the Board of Committee on Appropriations, Subcommittee on Financial Trustees of the Federal Old-Age and Survivors Insurance Services and General Government to mark up the FY Trust Fund and the Federal Disability Insurance Trust 2011 Financial Services and General Government Appro- Fund, 10 a.m., SD–215. priations bill, 4 p.m., 2362–B Rayburn. Committee on Health, Education, Labor, and Pensions: Busi- Committee on Armed Services, hearing on the Final Report ness meeting to consider the nominations of Subra of the Independent Panel’s Assessment of the Quadrennial Suresh, of Massachusetts, to be Director of the National Defense Review, 10 a.m., 2118 Rayburn. Science Foundation, and Mary Minow, of California, to be Committee on Energy and Commerce, Subcommittee on a Member of the National Museum and Library Services Commerce, Trade and Consumer Protection, hearing on Board, Time to be announced, Room to be announced. H.R. 5820, Toxic Chemicals Safety Act of 2010, 10 a.m., Subcommittee on Children and Families, to hold hear- 2123 Rayburn. ings to examine the state of the American child, focusing Committee on Financial Services, to mark up the following on the impact of Federal policies on children, 10 a.m., bills: H.R. 4790, Shareholder Protection Act of 2010; SD–430. and H.R. 2267, Internet Gambling Regulation, Con- Committee on Homeland Security and Governmental Affairs: sumer Protection, and Enforcement Act; followed by a Ad Hoc Subcommittee on Contracting Oversight, to hold hearing entitled ‘‘Alternatives for Promoting Liquidity in hearings to examine mismanagement of contracts at Ar- the Commercial Real Estate Markets, Supporting Busi- lington National Cemetery, 10 a.m., SD–342. nesses and Increasing Job Growth,’’ 10 a.m., 2128 Ray- Subcommittee on Oversight of Government Manage- burn. ment, the Federal Workforce, and the District of Colum- Subcommittee on Capital Markets, Insurance, and Gov- bia, to hold hearings to examine closing the language ernment Sponsored enterprises, hearing entitled ‘‘Future gap, focusing on improving the Federal government’s for- of Housing Finance: The Role of Private Mortgage Insur- eign language capabilities, 2:30 p.m., SD–342. ance,’’ 2 p.m., 2128 Rayburn. Committee on Indian Affairs: To hold an oversight hear- Committee on Foreign Affairs, Subcommittee on Western ing to examine Indian gaming, 9:30 a.m., SD–628. Hemisphere, hearing on The Crisis in Haiti: Are We Committee on the Judiciary: Business meeting to consider Moving Fast Enough? 9:30 a.m., 2172 Rayburn. S. 3397, to amend the Controlled Substances Act to pro- Committee on House Administration, Subcommittee on vide for take-back disposal of controlled substances in cer- Capitol Security, hearing on U.S Capitol Police Budget tain instances, S. 2925, to establish a grant program to Concerns, 11 a.m., 1310 Longworth. benefit victims of sex trafficking, S. 518, to establish the Committee on the Judiciary, Subcommittee on the Con- Star-Spangled Banner and War of 1812 Bicentennial stitution, Civil Rights, and Civil Liberties, hearing on the Commission, and the nominations of Mary Helen American Dream Part III: Advancing and Improving the

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Fair Housing at the 5-year Anniversary of Hurricane portation Safety Act of 2009; H.R. 5717, Smithsonian Katrina, 2 p.m., 2141 Rayburn. Conservation Biology Institute Enhancement Act; H.R. Committee on Natural Resources, Subcommittee on Na- 1997, To direct the Secretary of Transportation to update tional Parks, Forests and Public Lands, oversight hearing a research report and issue guidance to the States with re- entitled ‘‘Building Success: Implementation of the Secure spect to reducing lighting on the Federal-aid system dur- Rural Schools Program,’’ 10 a.m., 1324 Longworth. ing periods of low traffic density; H.R. 4387, To des- Subcommittee on Water and Power, oversight hearing ignate the Federal building located at 100 North Palafox entitled ‘‘Investment in Small Hydropower: Prospects of Street in Pensacola, Florida, as the ‘‘Winston E. Arnow Expanding Low-Impact and Affordable Hydropower Gen- Federal Building’’; H.R. 5651, To designate the Federal eration in the West,’’ 10 a.m., 1334 Longworth. building and United States courthouse located at 515 9th Committee on Oversight and Government Reform, hearing Street in Rapid City, South Dakota, as the ‘‘Andrew W. entitled ‘‘Implementations of Iran Sanctions,’’ 10 a.m., Bogue Federal Building and United States Courthouse’’; 2154 Rayburn. H.R. 5706, To designate the facility of the Government Subcommittee on Information Policy, Census, and the Printing Office located at 31451 East United Avenue in National Archives, hearing entitled ‘‘Public Access to Pueblo, Colorado, as the ‘‘Frank Evans Government Print- Federally-Funded Research,’’ 2 p.m., 2154 Rayburn. ing Office Building’’; H.R. 5773, To designate the Fed- Committee on Rules, to consider the following bills: H.R. eral building located at 6401 Security Boulevard in Balti- 3534, Consolidated Land, Energy, and Aquatic Resources more, Maryland, as the ‘‘Robert M. Ball Federal Build- Act of 2009; and H.R. 5851, Offshore Oil and Gas ing’’; H.R. 5591, To designate the facility of the Federal Worker Whistleblower Protection Act of 2009, 4 p.m., Aviation Administration located at Spokane International H–313 Capitol. Airport in Spokane, Washington, as the ‘‘Ray Daves Air Committee on Small Business, hearing entitled ‘‘ The Im- Traffic Control Tower’’; H.R. 1473, Supporting pact of Interchange Fees on Small Businesses,’’ 10 a.m., backcountry airstrips and recreational aviation; and other 2360 Rayburn. pending business, 11 a.m., 2167 Rayburn. Committee on Standards of Official Conduct, Adjudicatory Committee on Veterans’ Affairs, Subcommittee on Eco- Subcommittee, to meet in the Matter of Representative nomic Opportunity, hearing on Licensure and Certifi- Charles B. Rangel, 1 p.m., 210–HVC. cation, 1 p.m., 334 Cannon. Committee on Transportation and Infrastructure, to mark Committee on Ways and Means, Subcommittee on Income up the following: the Water Resources Development Act Security and Family Support, hearing to Review the Use of 2010; the Economic Revitalization and Innovation Act of Child Welfare Waiver Demonstration Projects to Pro- of 2010; H.R. 5112, Federal Buildings Personnel Train- mote Child Well Being, 10 a.m., B–318 Rayburn. ing Act of 2010; H.R. 5282, To provide funds to the Permanent Select Committee on Intelligence, meeting to con- Army Corps of Engineers to hire veterans and members sider non-committee requests for access to classified infor- of the Armed Forces to assist the Corps with curation and mation, 10 a.m., and executive, briefing on DOD Quar- historic preservation activities; H.R. 305, Horse Trans- terly Update 12:30 p.m., 304–HVC.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Thursday, July 29 10 a.m., Thursday, July 29

Senate Chamber House Chamber Program for Thursday: Senate will continue consider- Program for Thursday: Consideration of H.R. 5850— ation of H.R. 5297, Small Business Lending Fund Act, Transportation, Housing and Urban Development, and and after a period of debate, vote on the motion to in- Related Agencies Appropriations Act, 2011 (Subject to a voke cloture on Reid (for Baucus/Landrieu) Amendment Rule) and H.R. 5893—Investing in American Jobs and No. 4519 at approximately 10:40 a.m., with a 10 a.m. Closing Tax Loopholes Act of 2010 (Subject to a Rule). filing deadline for all second-degree amendments.

Extensions of Remarks, as inserted in this issue

HOUSE Fudge, Marcia L., Ohio, E1461 Paul, Ron, Tex., E1456 Gallegly, Elton, Calif., E1455 Payne, Donald M., N.J., E1462 Berry, Marion, Ark., E1454, E1459 Harman, Jane, Calif., E1457 Perriello, Thomas S.P., Va., E1456 Bishop, Sanford D., Jr., Ga., E1462 Heller, Dean, Nev., E1455 Rahall, Nick J., II, W.Va., E1462 Boozman, John, Ark., E1449, E1461 Jackson Lee, Sheila, Tex., E1445 Ross, Mike, Ark., E1453 Campbell, John, Calif., E1459 Johnson, Henry C. ‘‘Hank’’, Jr., Ga., E1458 Capito, Shelley Moore, W.Va., E1448, E1449, E1449 Johnson, Timothy V., Ill., E1456 Roybal-Allard, Lucille, Calif., E1447 Capps, Lois, Calif., E1449 King, Peter T., N.Y., E1449 Sa´ nchez, Linda T., Calif., E1458 Castle, Michael N., Del., E1461 Lewis, John, Ga., E1457 Sanchez, Loretta, Calif., E1455 Castor, Kathy, Fla., E1450 McCollum, Betty, Minn., E1446, E1450, E1454, E1457, Schiff, Adam B., Calif., E1454 Chu, Judy, Calif, E1448 E1459 Scott, Robert C. ‘‘Bobby’’, Va., E1453 Coffman, Mike, Colo., E1454 McIntyre, Mike, N.C., E1462 Smith, Adam, Wash., E1457 Dingell, John D., Mich., E1448, E1453 McMorris Rodgers, Cathy, Wash., E1453 Stupak, Bart, Mich., E1448 Eshoo, Anna G., Calif., E1452 Maloney, Carolyn B., N.Y., E1450 Van Hollen, Chris, Md., E1455 Etheridge, Bob, N.C., E1449 Michaud, Michael H., Me., E1447, E1455, E1457, E1459, Waxman, Henry A., Calif., E1459 Faleomavaega, Eni F.H., American Samoa, E1452, E1461 E1456 Oberstar, James L., Minn., E1450, E1460

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